8225 - GMP Amendment 1 Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
FILE
CMAR Construction Phase Services for Neighborhood
1B Improvements GMP#1
Cori Power
Not Applicable
8225
MARCH 5, 2025
N/A
MARCH 4, 2025
25-372
CITY OF DENTON, TEXAS
CONSTRUCTION MANAGER AT RISK FOR NEIGHBORHOOD 1B
CONSTRUCTION MANAGER AT RISK
CONSTRUCTION PHASE SERVICES
CONTRACT NO. 8225
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
TABLE OF CONTENTS
Article PAGE
RECITALS ............................................................................................................................... 1
Article 1 - Definitions ............................................................................................................... 2
Article 2 – CM@Risk’s Services and Responsibilities ............................................................. 6
Article 3 - City’s Services and Responsibilities ...................................................................... 14
Article 4 - Contract Time ........................................................................................................ 16
Article 5- Contract Price ........................................................................................................ 20
Article 6 - Changes to the Contract Price and Time .............................................................. 21
Article 7- Procedure for Payment .......................................................................................... 26
Article 8- Claims and Disputes .............................................................................................. 29
Article 9 – Suspension and Termination ................................................................................ 31
Article 10 - Insurance and Bonds .......................................................................................... 33
Article 11 – Indemnification ................................................................................................... 37
Article 12 – General Provisions ............................................................................................. 38
EXHIBIT A – SITE DESCRIPTION
EXHIBIT B – APPROVED GMP NO. 1
EXHIBIT C – TECHNICAL SPECIFICATIONS
EXHIBIT D – CONSTRUCTION DRAWINGS
EXHIBIT E – GENERAL CONDITIONS
EXHIBIT G – PREVAILING WAGE RATES
EXHIBIT X – COST OF THE WORK
EXHIBIT Y – GENERAL CONDITINS COSTS
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CITY OF DENTON
NEIGHBORHOOD 1B
CONSTRUCTION MANAGER AT RISK CONSTRUCTION SERVICES
GMP No. 1
Project No. 230010-1 CONTRACT NO. 8225
THIS AGREEMENT, made and entered by and between City of Denton, hereinafter designated the “City”
and Sundt Construction, Inc., hereinafter designated the “Construction Manager at Risk” or “CM@Risk”
RECITALS
A. The City Manager of the City of Denton, Texas, or their designee, is authorized and empowered
by provisions of the City Charter to execute contracts for construction services.
B. The City intends to construct Neighborhood 1B as more fully described in Exhibit A attached.
C. To undertake the Project the City has entered into a contract with Kimley-Horn and Associates,
Inc., hereinafter referred to as the “Design Professional.”
D. The CM@Risk has represented to the City the ability to provide the construction phase services
described herein and to construct the Project and based on this representation the City engages
the CM@Risk to provide these services and construct the Project.
E. Contract No. 8225 has been executed previously between City and CM@Risk to perform
Preconstruction Phase services. Those services may continue during the duration of this
Construction Phase Agreement.
NOW THEREFORE, for and in consideration of the mutual covenants and considerations hereinafter
contained, it is agreed by and between the City and the CM@Risk as follows:
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Article 1 - Definitions
“Agreement” (“Contract”) means this written document signed by the City and CM@Risk covering the
construction phase of the Project, and including other documents itemized and referenced in or attached to
and made part of this Contract. The terms Agreement and Contract shall be used interchangeably
throughout unless specifically stated otherwise.
“Approved GMP” means any GMP or GMP amendment agreed to by the parties in accordance with this
Agreement.
“Application for Payment” – See definition for Payment Request.
“Architect” means the qualified, licensed person, firm or corporation who furnishes architectural services
required for the Project.
“Asbestos” means asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite
(cummingtonite-grunerite), anthophyllite, tremolite, or actinolite or any material that contains one percent or
more of any asbestiform variety. Refer to the Texas Administrative Code, Title 25, Chapter 296.
“Change Directive” means a written order prepared and signed by City, directing a change in the Work prior
to agreement on an adjustment in the Contract Price and the Contract Time.
“Certificate of Substantial Completion” has the meaning given such term in Subsection 4.1.5.
“Change Order” means a type of contract amendment issued after execution of this Agreement or future
GMP Amendments signed by City and CM@Risk, agreeing to changes to an agreement. The Change Order
will state the following: the addition, deletion, or revision in the scope of Work; the amount of the adjustment
to the Contract Price; and the extent of the adjustment to the Contract Times or other modifications to
Contract terms.
“City (“Owner” or “OWNER”) means the City of Denton, a municipal corporation, with whom CM@Risk has
entered into this Contract and for whom the services are to be provided pursuant to said Contact. Regulatory
activities handled by the City of Denton Developmental Services, Fire, Engineering, Facilities, Municipal
Electric, and Planning Departments or any other City Department are not subject to the responsibilities of
the City under this Agreement.
“City’s Representative” means the person designated in Subsection 8.3.1.2.
“City’s Senior Representative” means the person designated in Subsection 8.3.1.1.
“CM@Risk” means the firm selected by the City to provide construction services as detailed in this Agreement.
“CM@Risk’s Representative” means the person designated in Subsection 8.3.2.2.
“CM@Risk’s Senior Representative” means the person designated in Subsection 8.3.2.1.
“Contingency, Marketplace Risk” – A fund to cover the costs of cost escalation, supply chain interruptions,
and buyout decisions made for the City’s benefit that may have more risk than a normal subcontract award.
Use and management of the Marketplace Risk Contingency is described in Section 5.1.3.
“Contingency, CM@Risk’s” – A fund to cover cost growth during the Project used at the discretion of the
CM@Risk usually for costs that result from Project circumstances. Use and management of the CM@Risk’s
Contingency is described in Section 5.1.4.
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“Contingency, Owner’s” – A fund to cover cost growth during the Project used at the discretion of the City
usually for costs that result from City directed changes or unforeseen site conditions. Use and management
of the Owner’s Contingency is described in Section 5.1.5.
“Contract Documents” means the following items and documents in descending order of precedence
executed by the City and the CM@Risk: (i) all written modifications, amendments and Change Orders; (ii)
this Agreement, including all exhibits and attachments; (iii) Construction Documents; (iv) GMP Plans and
Specifications. In the event of a conflict between this Agreement and the other Contract Documents,
including the General Conditions, the terms of this Agreement will control.
“Construction Documents” The plans, specifications, and drawings prepared by the Design Professional
and issued as approved for construction meaning the documents are sealed by the Design Professional,
signed and acceptable for permitting.
“Construction Fee” means the lump sum amount for CM@Risk’s administrative costs for branch or home
office overhead, and profit at the time of GMP.
“Contract Price” means the amount or amounts set forth in Article 5.
“Contract Time” means the Days as set forth in Article 4 the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Project.
“Cost of the Work” The direct costs or stipulated rates necessarily incurred by the CM@Risk in the proper
performance of the Work. The Cost of the Work shall include direct labor costs, subcontract costs, costs of
materials and equipment incorporated in the completed construction, costs of other materials and
equipment, temporary facilities, building permit fees (if not paid for by City), materials testing, General
Conditions Costs, and related items. See Exhibit X – Cost of the Work and Exhibit Y – General Conditions
Costs for more definitions of these terms. The Cost of the Work shall not include the CM@Risk’s
Construction Fee.
“Critical Path” means the sequence of activities from the start of the Work to the Substantial Completion of
the Project. Any delay in the completion of these activities will extend the Substantial Completion date.
“Day(s)” mean calendar days unless otherwise specifically noted in the Contract Documents.
“Preconstruction Phase Contract” means the agreement between the City and CM@Risk for services
provided by the CM@Risk during the design phase which may include the following: design
recommendations, project scheduling, constructability reviews, alternate systems evaluation, cost
estimates, MBE/WBE/SBE utilization, subcontractor bid phase services, and GMP preparation.
“Design Professional” means a qualified, licensed design professional, including an Engineer or Architect,
who furnishes design and/or construction administration services required for the Project. A Design
Professional is referenced in Recital C, above.
“Differing Site Conditions” means concealed or latent physical conditions or subsurface conditions at the
Site that, (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual
nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent
in the Work.
“Engineer” The qualified, licensed person, firm or corporation who furnishes engineering services required
for the Project.
“Final Acceptance” means the completion of the Work as prescribed in Section 4.2.
“Float” means the number of Days by which an activity can be delayed without lengthening the Critical Path
and extending the Substantial Completion date.
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“General Conditions Costs” Includes those Cost of Work items shown in Exhibit Y - General Conditions
Costs.
“Guaranteed Maximum Price” or “GMP” means the sum of the maximum Cost of the Work; the Construction
Fee; General Conditions Costs, taxes, and CM@Risk’s Contingency including authorized adjustments.
“GMP Amendment” means an amendment, executed in writing and signed by both parties, to the GMP.
“GMP Plans and Specifications” means the plans and specifications upon which the Guaranteed Maximum
Price proposal is based as listed in the GMP proposal.
“Hazardous Environmental Condition” means the presence at the site of Asbestos, PCB’s, Petroleum,
Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may
present a substantial danger to persons or property exposed thereto.
“Hazardous Material or Substance” includes any material in such quantity, concentration, and physical or
chemical characteristics including, but not limited to, ignitability or toxicity, so as to be capable of posing an
unreasonable risk to health, safety and/or property if released into the atmosphere, transported, stored, or
disposed of.
“Hazardous Waste” means any solid waste listed as hazardous or possesses one or more hazardous
characteristics as defined in the federal waste regulations, as amended from time to time.
“Legal Requirements” means all applicable federal, state, and local laws, codes, ordinances, rules,
regulations, orders, and decrees of any government or quasi-government entity having jurisdiction over the
Project or Site, the practices involved in the Project or Site, or any Work.
“Milestones” - A principal event in the performance of the Work that the Contract requires CM@Risk to achieve
by an intermediate completion date, or by a time prior to Substantial Completion of all the Work.
“Notice to Proceed” or “NTP” means the directive issued by the City, authorizing the CM@Risk to start
Work. Such notice shall be provided to the CM@Risk at least seven days prior to the commencement date
stipulated herein and shall be provided no later than 30 days after the GMP proposal is approved by the
City and all the required documentation is received by the City.
“Payment Request” means the City form used by the CM@Risk to request progress payments for Work in
accordance with Article 7.
“PCB’s” means polychlorinated biphenyls.
“Performance Period” means the period of time allotted in the Contract Documents to substantially
complete the Work comprised within a GMP. The Performance Period shall be stated with each GMP
proposal and shown on the Project Schedule.
“Petroleum” means petroleum including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch
absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other
non-Hazardous Waste and crude oils.
“Product Data” means illustrations, standard schedules, performance charts, instructions, brochures,
diagrams and other information furnished by the CM@Risk to illustrate materials or equipment for some
portion of the Work.
“Project” means the Work to be completed in the execution of this Agreement as amended and as described
in the Recitals above and in each Approved GMP.
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“Project Schedule” means a schedule, prepared and maintained by CM@Risk, describing the sequence
and duration of the activities comprising the CM@Risk’s plan to accomplish the Work within the Contract
Times.
“Project Record Documents” means the documents created pursuant to Section 2.10.
“Radioactive Material” Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of
1954 (42 USC Section 2011 et seq.) as amended from time to time.
“Samples” means physical examples which illustrate materials, equipment, or workmanship and establish
standards by which the Work will be evaluated.
“Shop Drawings” mean drawings, diagrams, schedules, submittals and other data specially prepared for
the Work by the CM@Risk or a Subcontractor, manufacturer, supplier, or distributor to illustrate some
portion of the Work.
“Site” means the land or premises on which the Project is located generally described in in Exhibit A.
“Specifications” means the part(s) of the Contract Documents for the construction phase consisting of
written technical descriptions of materials, equipment, construction systems, standards, and workmanship
as applied to the Work and certain administrative details applicable thereto as listed in the GMP proposal.
“Subcontractor” means an individual or firm having a direct contract with the CM@Risk or any other
individual or firm having a contract with the aforesaid individual or firm at any tier, who undertakes to perform
a part of the construction phase Work for which the CM@Risk is responsible.
“Subconsultant” - A person, firm or corporation having a contract with the CM@Risk to furnish services required
as its independent professional associate or consultant with respect to the Project.
“Substantial Completion” means when the Work, or an agreed upon portion of the Work, is sufficiently
complete so that City can occupy and use the Project or a portion thereof for its intended purposes. This
may include, but is not limited to: (i) receipt of written confirmation after final inspections by the applicable
electrical, plumbing, City Fire Marshall, health department, and other local and state officials having
jurisdiction, stating the project is ready for occupancy by the City; (ii) all systems in place, and confirmed
to be fully functional to satisfaction of the City and its representatives; (iii) all materials and equipment
installed; (iv) all systems reviewed and accepted by the City; (v) draft O&M manuals and record documents
reviewed and accepted by the City; (vi) City operation and maintenance training complete; (vii) landscaping
and site work; and (viii) final cleaning. In addition to the other requirements of the Contract Documents, and
without limitation, the CM@Risk must also have obtained the written approval and issuance of any
occupancy permits required by the laws of local government(s) and the State of Texas before the CM@Risk
shall be deemed to have achieved Substantial Completion. The conditions of Substantial Completion that
do not apply to a specific GMP will be listed in the Notice to Proceed letter pursuant to Subsection 2.4.3.
“Supplier” means a manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct
contract with CM@Risk or any Subcontractor to furnish materials or equipment to be incorporated in the
construction phase Work by CM@Risk or any Subcontractor.
“Work” means the entire completed construction or the various separately identifiable parts thereof, required
by the Agreement to be furnished and installed during the construction phase. “Work” includes and is the
result of performing or furnishing supervision and labor; and furnishing and incorporating materials,
resources, and equipment into the construction, and performing or furnishing services and documents as
required by the Contract Documents for the construction phase.
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Article 2 – CM@Risk’s Services and Responsibilities
2.0 The CM@Risk shall furnish any and all supervision, labor, materials, equipment, transportation,
utilities, services, and facilities required to perform all Work required by the Contract Documents,
and to completely and totally construct the same and install the material therein for the City. All
Work will be performed in a good and workmanlike and substantial manner and within the care
and skill of a qualified CM@Risk in Denton, Texas. The Work shall be to the satisfaction of the
City and strictly pursuant to and in conformity with the Project’s Contract Documents as
modified. It is not required that the services be performed in the sequence in which they are
described.
2.1. General Services
2.1.1. CM@Risk’s Representative shall be reasonably available to City and shall have the necessary
expertise and experience required to supervise the Work. CM@Risk’s Representative shall
communicate regularly with City but not less than once a week and shall be vested with the
authority to act on behalf of CM@Risk. CM@Risk’s Representative may be replaced only with
the written consent of City.
2.1.2 City’s Project Management Information System (Procore)
2.1.2.1 The CM@Risk will be required to maintain all project records in electronic format. The City
provides a web-based project management database which the CM@Risk will be required to
utilize in the fulfillment of the contract requirements. Although this electronic platform does not
fulfill this requirement in its entirety, the CM@Risk will be required to utilize this platform as the
basis for this Work. Any documents submitted to the City in electronic format shall be considered
equivalent to an original of such document.
2.1.2.2 The CM@Risk can expect to use Procore to process all primary level tri-partite contract
documents related to the construction phase of the Project including but not limited to: requests
for interpretation/information, potential Change Orders, Change Orders, construction meeting
minutes, Submittals, Design Professional’s supplemental instructions and Payment Requests.
2.1.2.3 The CM@Risk will be required to process information into electronic digital form. In order to fulfill
this requirement, the CM@Risk shall provide all necessary equipment to perform the functions
necessary to generate, convert, store, maintain, connect to Procore, and transfer electronic
data.
2.1.2.4 CM@Risk shall provide a computerized networked office platform with broadband internet
connectivity. Wired or wireless is acceptable. This platform shall function well in a web-based
environment utilizing an internet browser compatible with the City Procore system.
2.2 Government Approvals and Permits
2.3.1 Unless otherwise provided, CM@Risk shall obtain or assist the City to obtain all necessary
permits, approvals, and licenses required for the prosecution of the Work from any government
or quasi-government entity having jurisdiction over the Project. The CM@Risk is specifically
reminded of the need to obtain the necessary environmental permits or file the necessary
environmental notices.
2.3.2 Copies of these permits and notices must be provided to the City’s Representative prior to
starting the permitted activity. In the case of Fire Department permits, a copy of the application
for permit shall also be provided to the City’s Representative. This provision does not constitute
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an assumption by the City of an obligation of any kind for violation of said permit or notice
requirements.
2.3.3 City shall be responsible for all City of Denton review and permit(s) fees for building and
demolition permits. City will also pay review and permit fees for grading and drainage, water,
sewer, right-of-way, gas service, electrical service, and landscaping; assessments against the
property, including property tax, developmental excise and similar taxes; sewer, water, and
related utility tap fees; and sewer plant improvement fees, unless exempted under Texas law.
City shall also pay for utility design fees for permanent services.
2.3.4 CM@Risk shall be secure and pay for all other permits, fees, licenses, and inspections by
government agencies necessary for proper execution and completion of the Work that are
customarily secured after execution of the Contract and legally required at the time bids are
received or negotiations concluded not specifically listed in Subsection 2.3.3 above. Specifically,
and without limitation, the CM@Risk is responsible for the cost of meter(s), and all utility bills on
the project meters until Substantial Completion of the Project. Arrangements for construction
water are the CM@Risk’s responsibility.
2.4 Pre-construction Conference
2.4.1 Prior to the commencement of any Work, the City’s Representative will schedule a pre-
construction conference.
2.4.2 The purpose of this conference is to establish a working relationship between the CM@Risk,
utility firms, and various City agencies. The agenda will include critical elements of the work
schedule, submittal schedule, cost breakdown of major lump sum items, Payment Requests and
processing, coordination with the involved utility firms, the level of Record Project Documents
required, and emergency telephone numbers for all representatives involved in the course of
construction.
2.4.3 The Notice to Proceed date will be agreed to. After the meeting a Notice to Proceed letter will
be issued confirming the construction start date, Performance Period, and, if applicable, the
Substantial Completion date. If a Substantial Completion date is established the conditions of
the Substantial Completion will be listed.
2.4.4 The CM@Risk shall provide a schedule of values based on the categories used in the buyout
of the Work but not greater than the approved GMP and identifying the CM@Risk’s Contingency.
The schedule of values will subdivide the Work into all items comprising the Work.
2.4.5 Minimum attendance by the CM@Risk shall be the CM@Risk’s Representative, who is
authorized to execute and sign documents on behalf of the firm, the job superintendent, and the
CM@Risk’s safety officer.
2.5 Control of the Work
2.5.1 Unless otherwise provided in the Contract Documents to be the responsibility of City or a
separate contractor, CM@Risk shall provide through itself, its Vendors or Subcontractors the
necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery,
temporary utilities, and other temporary facilities to permit CM@Risk to complete the Work
consistent with the Contract Documents.
2.5.2 CM@Risk shall perform all construction activities efficiently and with the requisite expertise,
skill, and competence to satisfy the requirements of the Contract Documents. CM@Risk shall
at all times exercise complete and exclusive control over the means, methods, sequences, and
techniques of construction.
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2.5.3 CM@Risk, the CM@Risk’s Representative or other authorized representative shall be present
at the Site at all times that construction activities are taking place.
2.5.3.1 All elements of the Work shall be under the supervision of a superintendent employed by the
CM@Risk for the purpose; or their designated representative on the Site who shall have the
authority to take actions required to properly carry out that particular element of the Work.
2.5.4 In the event of noncompliance with this Section, the City may require the CM@Risk to stop or
suspend the Work in whole or in part. Where the Contract Documents require that a particular
product be installed and/or applied, or the installation and/or application be observed by an entity
approved by the manufacturer, it is the CM@Risk’s responsibility to ensure the Subcontractor
employed for such Work is approved by the manufacturer; or their installation and/or application
is so observed.
2.5.5 Before ordering materials or doing work, the CM@Risk and each Subcontractor shall verify
measurements at the Site and shall be responsible for the correctness of such measurements;
differences, which may be found, shall be submitted to the City for resolution before proceeding
with the Work.
2.5.6 The CM@Risk shall take field measurements and verify field conditions and shall carefully
compare such field measurements and conditions and other information known to the CM@Risk
with the Contract Documents before commencing activities. Errors, inconsistencies, or
omissions discovered shall be reported to the City at once.
2.5.7 The CM@Risk shall establish and maintain all primary building and construction grades, lines,
levels, and benchmarks, and shall be responsible for accuracy and protection of same..
2.5.8 Any person employed by the CM@Risk or any Subcontractor who, in the opinion of the City,
does not perform his work in a proper, skillful, and safe manner or is intemperate or disorderly
shall, at the written request of the City, be removed from the Work by CM@Risk or Subcontractor
employing such person, and shall not be employed again in any portion of Work without the
written approval of the City. THE CM@RISK OR SUBCONTRACTOR SHALL HOLD THE CITY HARMLESS
FROM DAMAGES OR CLAIMS WHICH MAY OCCUR IN THE ENFORCEMENT OF THIS SECTION.
2.5.9 CM@Risk assumes responsibility to City for the proper performance of the work of
Subcontractors and any acts and omissions in connection with such performance. Nothing in
the Contract Documents is intended or deemed to create any legal or contractual relationship
between City and any Subcontractor, including but not limited to any third-party beneficiary
rights.
2.5.10 CM@Risk shall coordinate the activities of all Subcontractors. If City performs other work on the
Project or at the Site with separate contractors under City’s control, CM@Risk agrees to
reasonably cooperate and coordinate its activities with those of such separate contractors so
that the Project can be completed in an orderly and coordinated manner without unreasonable
disruption.
2.6 Control of the Site
2.6.1 Throughout all phases of construction, including suspension of Work, CM@Risk shall keep the
Site reasonably free from debris, trash, and construction wastes to permit CM@Risk to perform
its construction services efficiently, safely and without interfering with the use of adjacent land
areas. Upon Substantial Completion of the Work, or a portion of the Work, CM@Risk shall
remove all debris, trash, construction wastes, materials, equipment, machinery, and tools arising
from the Work or applicable portions thereof to permit City to occupy the Project or a portion of
the Project for its intended use.
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2.6.2 CM@Risk shall take all reasonable steps, procedures, or means to prevent any dust nuisance
due to construction operations. The dust control measures shall be maintained at all times to
the satisfaction of the City and in accordance with the local requirements.
2.6.3 CM@Risk shall maintain ADA and ANSI accessibility requirements during construction activities
in an occupied building or facility. ADA and ANSI accessibility requirements shall include, but
not be limited to, parking, building access, entrances, exits, restrooms, areas of refuge, and
emergency exit paths of travel. CM@Risk shall be responsible for the coordination of all work to
minimize disruption to building occupants and facilities.
2.6.4 Only materials and equipment which are to be used directly in the Work shall be brought to and
stored on the Site by the CM@Risk. When equipment is no longer required for the Work, it shall
be removed promptly from the Site. Protection of construction materials and equipment stored
at the Site from weather, theft, damage, and all other adversity is solely the responsibility of the
CM@Risk.
2.7 Shop Drawings, Product Data and Samples
2.7.1 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents.
The purpose of their submittal is to demonstrate for those portions of the Work for which
submittals are required the way the CM@Risk proposes to conform to the information given and
the design concept expressed in the Contract Documents.
2.7.2 The CM@Risk shall review, approve, verify, and submit to the City each Shop Drawing, Product
Data, Sample, and similar submittal required by the Contract Documents in accordance with the
approved GMP schedule as shown in Exhibit B as to cause no delay in the Work or in the
activities of the City or of separate contractors. Submittals made by the CM@Risk, which are
not required by the Contract Documents, may be returned without action.
2.7.3 The CM@Risk shall perform no portion of the Work requiring submittal and review of Shop
Drawings, Product Data, Samples, or similar submittals until the respective submittal has been
approved by the City. Such Work shall be in accordance with approved submittals.
2.7.4 By approving, verifying, and submitting Shop Drawings, Product Data, Samples, and similar
submittals, the CM@Risk represents that the CM@Risk has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has checked
and coordinated the information contained within such submittals with the requirements of the
Work and of the Contract Documents.
2.7.5 The CM@Risk shall not be relieved of responsibility for deviations from requirements of the
Contract Documents by the City’s approval of Shop Drawings, Product Data, Samples or similar
submittals unless the CM@Risk has specifically informed the City in writing of such deviation at
the time of submittal and the City has given written approval to the specific deviation. The
CM@Risk shall not be relieved of responsibility for errors or omissions in Shop Drawings,
Product Data, Samples, or similar submittals by the City’s approval thereof.
2.7.6 The CM@Risk shall direct specific attention, in writing or on resubmitted Shop Drawings,
Product Data, Samples, or similar submittals, to revisions other than those requested by the City
on previous submittals.
2.7.7 Informational submittals upon which the City is not expected to take responsive action may be
so identified in the Contract Documents.
2.7.8 When professional certification of performance criteria of materials, systems, or equipment is
required by the Contract Documents, the City shall be entitled to rely upon the accuracy and
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completeness of such calculations and certifications.
2.8 Quality Control, Testing and Inspection
2.8.1 The CM@Risk shall follow the project-specific construction quality control requirements defined
in the Construction Management Plan created, reviewed, and approved under the
Preconstruction Phase Agreement. The following requirements are in addition to those found
in the Construction Management Plan, and shall be incorporated into the Construction
Management Plan for the construction phase.
2.8.2 All materials used in the Work shall be new and unused, unless otherwise noted, and shall meet
all quality requirements of the Contract Documents.
2.8.3 All construction materials to be used on the Work or incorporated into the Work, equipment,
plant, tools, appliances, or methods to be used in the Work may be subject to the inspection and
approval or rejection by the City. Any material rejected by the City shall be removed immediately
and replaced in an acceptable manner.
2.8.4 The procedures and methods used to sample, and test material will be determined by the City,
in consultation with the Design Professional.
2.8.5 The City may select a pre-qualified City or independent testing laboratory and may perform
additional acceptance testing at the City’s cost.
2.8.5.1 When the first and subsequent tests indicate noncompliance with the Contract Documents, the
cost associated with that noncompliance will be paid for by the CM@Risk. CM@Risk’s
Contingency cannot be utilized for the cost of re-testing.
2.8.5.2 When the first and subsequent tests indicate noncompliance with the Contract Documents, all
retesting shall be performed by the same testing agency.
2.8.6 The CM@Risk will cooperate with the selected testing laboratory and all others responsible for
testing and inspecting the work and shall provide them access to the Work at all times.
2.8.7 At the option of the City, materials may be approved at the source of supply before delivery is
started.
2.8.8 Code compliance testing and inspections required by codes or ordinances, or by a plan approval
authority, and which are made by a legally constituted authority, shall be the responsibility of
and shall be paid by the CM@Risk as a Cost of the Work, unless otherwise provided in the
Contract Documents or unless required by Chapter 2269 of the Texas Government Code.
2.8.9 CM@Risk’s convenience and quality control testing and inspections shall be the sole
responsibility of the CM@Risk and paid by the CM@Risk as a Cost of the Work.
2.9 Trade Names and Substitutions.
2.9.1 Contract Document references to equipment, materials, or patented processes by
manufacturer, trade name, make or catalog number, unless indicated that no substitutions are
permitted, substitute, or alternate items may be permitted, subject to the following:
2.9.2 The substitution shall be submitted by CM@Risk in writing to the City.
2.9.3 The CM@Risk shall certify that the substitution will perform the functions and achieve the results
called for by the general design, be similar and of equal substance, and be suited to the same
use as that specified.
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2.9.4 The submittal shall state any required changes in the Contract Documents to adapt the design
to the proposed substitution.
2.9.5 The submittal shall contain an itemized estimate of all costs and credits that will result directly
and indirectly from the acceptance of such substitution, including cost of design, license fees,
royalties, and testing. Also, the submittal shall include any adjustment in the Contract Time
created by the substitution.
2.9.6 The CM@Risk if requested by the City shall submit Samples or any additional information that
may be necessary to evaluate the acceptability of the substitution.
2.9.7 The City will make the final decision and will notify the CM@Risk in writing as to whether
the substitution has been accepted or rejected. If the City does not respond in a timely
manner, the CM@Risk shall continue to perform the Work in accordance with the Contract
Documents and the substitution will be considered rejected.
2.10 Project Record Documents
2.10.1 During the construction period, the CM@Risk shall maintain at the jobsite a set of the
Construction Document drawings, specifications and Shop Drawings for Project Record
Document purposes.
2.10.1.1 The CM@Risk shall update these documents to indicate the actual installation where the
installation varies appreciably from the original Construction Documents. Give particular
attention to information on concealed elements, which would be difficult to identify or measure
and record later. Items required to be marked include but are not limited to:
• Dimensional changes to the drawings.
• Revisions to details shown on drawings.
• Depths of foundations.
• Locations and depths of underground utilities.
• Revisions to routing of piping and conduits.
• Revisions to electrical circuitry & device locations.
• Revisions to low voltage systems & controllers/sensors/device locations.
• Actual equipment locations.
• Locations of concealed internal utilities.
• Changes made by Change Order.
• Details not on original Contract Drawings.
2.10.1.2 Mark completely and accurately Project Record Construction Documents or Shop Drawings,
when Shop Drawings are the most capable of indicating the actual physical condition. Where
Shop Drawings are marked, show cross-reference to the Shop Drawings on the appropriate
Construction Documents location.
2.10.1.3 Note RFI Numbers, ASI Numbers and Change Order numbers, etc., as required to identify the
source of the change to the Construction Documents.
2.10.1.4 The CM@Risk shall as a condition of Substantial Completion, submit Project Record Drawing
and Shop Drawings prints to the City or its representative for review and comment.
2.10.2. Upon receipt of the reviewed Project Record Drawings from the City, the CM@Risk shall
correct any deficiencies and/or omissions to the drawings and prepare for submission to
the City within 14 Days.
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2.11 Project Safety
2.11.2. CM@Risk recognizes the importance of performing the Work in a safe manner so as to prevent
damage, injury, or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work,
including materials and equipment incorporated into the Work or stored on-Site or off-Site, and
(iii) all other property at the Site or adjacent thereto.
2.11.3. CM@Risk assumes responsibility for implementing and monitoring all safety precautions and
programs related to the performance of the Work.
2.11.4. CM@Risk shall, prior to commencing construction, designate a safety representative with the
necessary qualifications and experience to supervise the implementation and monitoring of all
safety precautions and programs related to the Work. Unless otherwise required by the Contract
Documents, CM@Risk’s safety representative shall be an individual stationed at the Site who
may have other responsibilities on the Project in addition to safety.
2.11.5. The safety representative shall make routine daily inspections of the Site and shall hold weekly
safety meetings with CM@Risk’s personnel, Subcontractors, and others as applicable.
2.11.6. CM@Risk and Subcontractors shall comply with all Legal Requirements relating to safety, as
well as any City-specific safety requirements set forth in the Contract Documents, provided that
such City-specific requirements do not violate any applicable Legal Requirement.
2.11.7. CM@Risk will report in writing any safety-related injury, loss, damage, or accident arising from
the Work to City’s Representative in not less than four (4) hours (via email); follow up with a full,
written report on details, causes and results of the incident within two (2) business days; and
submit an incident prevention and “lessons learned” plan within one (1) week of the occurrence.
To the extent mandated by Legal Requirements, report the incident as required to all
government or quasi-government authorities having jurisdiction over safety- related matters
involving the Project or the Work.
2.11.8. CM@Risk’s responsibility for safety under this Section is not intended in any way to relieve
Subcontractors of their own contractual and legal obligations and responsibility for (i) complying
with all Legal Requirements, including those related to health and safety matters, and (ii) taking
all necessary measures to implement and monitor all safety precautions and programs to guard
against injury, losses, damages or accidents resulting from their performance of the Work.
2.12 Warranty
2.12.1 CM@Risk warrants to City that the construction, including all materials and equipment furnished
as part of the construction, shall be new unless otherwise specified in the Contract Documents,
of good quality, in conformance with the Contract Documents and free of defects in materials
and workmanship.
2.12.2. CM@Risk’s warranty obligation excludes defects caused by abuse, alterations, or failure to
maintain the Work by persons other than CM@Risk or anyone for whose acts CM@Risk may
be liable.
2.12.3. CM@Risk’s warranty obligation shall be for two years.
2.12.4. Nothing in this warranty is intended to limit any manufacturer’s warranty which provides City with
greater warranty rights than set forth in this Section or the Contract Documents. CM@Risk will
provide City with all manufacturers’ warranties upon Substantial Completion.
2.13 Correction of Defective Work
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2.13.2. CM@Risk agrees to correct any Work that is found to not be in conformance with the Contract
Documents, including that part of the Work subject to Section 2.12 above, within a period of two
years from the date of Substantial Completion of the Work or any portion of the Work, or within
such longer period to the extent required by the Contract Documents. A progress payment, or
partial or entire use or occupancy of the Project by the City, shall not constitute acceptance of
Work not in accordance with the Contract Documents.
2.13.3. During the Work, CM@Risk shall take meaningful steps to commence correction of such
nonconforming Work as notified by the City. This includes the correction, removal or
replacement of the nonconforming Work and any damage caused to other parts of the Work
affected by the nonconforming Work. If CM@Risk fails to commence the necessary steps during
the Work, City, in addition to any other remedies provided under the Contract Documents, may
provide CM@Risk, and its surety, with written notice that City will commence correction of such
nonconforming Work with its own forces.
2.13.4. CM@Risk shall, take meaningful steps to commence correction of nonconforming Work subject
to Section 2.12 above, within seven Days of receipt of written notice from City. This includes the
correction, removal or replacement of the nonconforming Work and any damage caused to other
parts of the Work affected by the nonconforming Work. If CM@Risk fails to commence the
necessary steps within such seven Day period, City, in addition to any other remedies provided
under the Contract Documents, may provide CM@Risk, and its surety, with written notice that
City will commence correction of such nonconforming Work with its own forces.
2.13.5. If City does perform such corrective Work, CM@Risk and/or its surety shall be responsible for
all reasonable costs incurred by City in performing such correction.
2.13.6. If the nonconforming Work creates an emergency requiring an immediate response, the
CM@Risk will respond and initiate corrections within twenty-four hours.
2.13.7. The two-year period referenced in Subsection 2.12.1 above applies only to CM@Risk’s
obligation to correct nonconforming Work and is not intended to constitute a period of limitations
for any other rights or remedies City may have regarding CM@Risk’s other obligations under
the Contract Documents.
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Article 3 - City’s Services and Responsibilities
3.1 Duty to Cooperate.
3.1.1 City shall, throughout the performance of the Work, cooperate with CM@Risk and perform its
responsibilities, obligations, and services in a timely manner to facilitate CM@Risk’s timely and
efficient performance of the Work and so as not to delay or interfere with CM@Risk’s
performance of its obligations under the Contract Documents.
3.1.2 City shall furnish at the CM@Risk’s request, at no cost to the CM@Risk, a CADD file of the
Construction Documents in AutoCAD format compatible with City of Denton Engineering and
Architectural Services Department CADD technology.
3.1.3 The City will, if needed, provide training in the use and operation of the Procore system.
3.2 City’s Representative
3.2.1 City’s Representative shall be responsible for providing City-supplied information and approvals
in a timely manner to permit CM@Risk to fulfill its obligations under the Contract Documents.
3.2.2 City’s Representative shall also provide CM@Risk with prompt notice if it observes any failure
on the part of CM@Risk to fulfill its contractual obligations, including any default or defect in the
Project or non-conformance with the Contract Documents.
3.2.3 The City may utilize its own or a third party’s field staff to assist the City’s Representative during
construction in observing performance of the CM@Risk and performing other City functions.
This field staff is for the purpose of assisting the City’s Representative and should not be
confused with an inspector with a City regulatory agency or with an inspector from a City
laboratory or materials testing and special inspections firm contracted to the City pursuant to
Subsection 2.8.5.
3.2.3.1 Through onsite observation of the Work in progress and field checks of materials and equipment,
the field staff shall endeavor to provide protection against defects and deficiencies in the Work.
3.2.3.2 The field staff will be authorized to review all Work and materials furnished. Such review may
extend to all or part of the Work and to the preparation, fabrication or manufacture of the
materials to be used.
3.2.3.3 The field staff will not be authorized to issue instructions contrary to the Construction Documents
or to act as a supervisor for the CM@Risk.
3.2.3.4 The field staff shall have the authority to reject work or materials until any questions at issue can
be decided by the City’s Representative.
3.2.3.5 The furnishing of such services for the City shall not make the City responsible for or give the
City control over construction means, methods, techniques, sequence or procedures, or for
safety precautions or programs or responsibility for the CM@Risk’s failure to perform the work
in accordance with Contract Documents.
3.3 Design Professional Services
3.3.1 The City may contract separately with one or more Design Professionals to provide services for
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the project. The Design Professional’s contract(s) as well as other firms hired by the City to
provide services on the project shall be furnished to the CM@Risk. The CM@Risk shall not
have any right however, to limit or restrict any contract modifications that are mutually acceptable
to the City and Design Professional.
3.3.2 The City may contract with the Design Professional or a designated third party to provide some
or all of the following services during the performance of the Work.
3.3.2.1 Provide oversight of the Work. The City and CM@Risk shall endeavor to communicate through
the Design Professional or designated third party. Communications by and with the Design
Professional’s consultants shall be through the Design Professional.
3.3.2.2 Make visits to the Site at intervals appropriate to the stage of construction to become generally
familiar with the progress and quality of the completed Work and work in progress and to
determine in general if the Work is being performed in accordance with the Contract Documents.
The Design Professional will keep the City informed of progress of the Work and will endeavor
to guard the City against defects and deficiencies in the Work. The Design Professional may
have authority, but not the responsibility to reject construction which does not conform to the
Construction Documents; and may require additional inspection or testing of the construction in
accordance with Section 2.8.
3.3.2.3 Review and approve or take other appropriate action upon the CM@Risk’s submittals such as
Shop Drawings, Product Data and Samples in accordance with Section 2.7.
3.3.2.4 Interpret and decide matters concerning performance under and requirements of the Contract
Documents on written request of either the City or CM@Risk. The Design Professional’s or
designated third party’s response to such requests will be made with reasonable promptness
and within any time limits agreed upon.
3.3.2.5 Prepare Change Orders and may authorize minor changes in the Work as provided in
Subsection 6.6.1.
3.3.2.6 Conduct reviews to determine Substantial Completion and Final Acceptance.
3.3.2.7 Receive and forward to the City for the City’s review and records written warranties and related
documents required by the Contract Documents and assembled by the CM@Risk.
3.4 City’s Separate Contractors. City is responsible for all work performed on the Project or at the
Site by separate contractors under City’s control. City shall contractually require its separate
contractors to cooperate with and coordinate their activities so as not to interfere with, CM@Risk
in order to enable CM@Risk to timely complete the Work consistent with the Contract
Documents. Any City separate contractors will be subject to City insurance and subrogation
requirements.
3.5 Permit Review and Inspections.
3.5.1 If requested by the CM@Risk, the City’s Representative will provide assistance and guidance
in obtaining necessary reviews, permits and inspections.
3.5.2 Regulating agencies of the City, such as Developmental Services, Fire and Planning
Departments, enforce Legal Requirements. These enforcement activities are not subject to the
responsibilities of the City under this Agreement.
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Article 4 - Contract Time
4.0. Contract Time.
4.0.1. Contract Time shall start with the commencement date established in the Notice to Proceed for
the first Approved GMP and end with Substantial Completion.
4.0.2. Each GMP will establish a separate commencement date and a date of Substantial Completion
and a Performance Period. The Performance Periods may not be sequential and may run
concurrently. The Performance Period to achieve Substantial Completion for each GMP shall
be set forth in each GMP submission.
4.0.3. CM@Risk agrees that it will commence performance of the Work and achieve the Performance
Periods and Contract Time.
4.0.4. All of the times set forth in this Article 4 shall be subject to adjustment in accordance Article 6.
4.1. Substantial Completion
4.1.1. Substantial Completion shall be for the entire Project unless a partial Substantial Completion is
identified in the approved GMP schedule and stated in the Notice to Proceed letter. Substantial
Completion shall be in accordance with its definition in Article 1. and with the criteria set forth in
the Notice to Proceed.
4.1.2. Prior to notifying the City in accordance with Subsection 4.1.3 below, the CM@Risk shall inspect
the Work and prepare and submit to the City a comprehensive list of items to be completed or
corrected. The CM@Risk shall proceed promptly to complete and correct items on the list.
Failure to include an item on such list does not alter the responsibility of the CM@Risk to
complete all Work in accordance with the Contract Documents.
4.1.3. CM@Risk shall notify City when it believes the Work, or to the extent permitted in the Contract
Documents, a portion of the Work, is substantially complete.
4.1.4. Within five (5) days of City’s receipt of CM@Risk’s notice, City and CM@Risk will jointly inspect
such Work to verify that it is substantially complete in accordance with the requirements of the
Contract Documents.
4.1.5. If such Work is substantially complete, City shall prepare and issue a Certificate of Substantial
Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof,
(ii) the remaining items of Work that have to be completed within thirty (30) calendar days before
Final Acceptance, (iii) provisions (to the extent not already provided in the Contract Documents)
establishing City’s and CM@Risk’s responsibility for the Project’s security, maintenance,
utilities, and insurance pending Final Acceptance, and (iv) an acknowledgment that warranties
commence to run on the date of Substantial Completion, except as may otherwise be noted in
the Certificate of Substantial Completion.
4.1.6. City, at its option, may use a portion of the Work which has been determined to be substantially
complete, provided, however, that (i) a Certificate of Substantial Completion has been issued
for the portion of Work addressing the items set forth in Subsection 4.1.5 above, (ii) CM@Risk
and City have obtained the consent of their sureties and insurers, and to the extent applicable,
the appropriate government authorities having jurisdiction over the Project, and (iii) City and
CM@Risk agree that City’s use or occupancy will not interfere with CM@Risk’s completion of
the remaining Work.
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4.2. Final Acceptance. Upon receipt of written notice that the Work or identified portions of the Work
is ready for final acceptance, City, Design Professional and CM@Risk will jointly verify that the
remaining items of Work have been completed as set forth in Subsection 4.1.5. The City will
issue a Final Acceptance Letter and payment pursuant to Section 7.5.
4.3. Liquidated Damages.
4.3.1. CM@Risk recognizes that TIME IS OF THE ESSENCE for the CM@Risk to achieve Substantial
Completion and City will suffer financial loss if the Work is not completed within the Contract Time.
The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal
proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly,
instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not
as a penalty), Contractor shall pay City One Thousand Dollars ($1,000.00) for each day that expires
after the Contract Time, as adjusted in accordance with this Contract, until the Day that Substantial
Completion occurs. Contractor shall pay City $1,000.00 for each day that expires after the contract
time, as adjusted in accordance with this Contract, until the day that Final Acceptance occurs.
4.3.2. The City may at its sole discretion deduct from any monies due or which may become due the
CM@Risk, a sum as specified herein, for each and every calendar day that the Work shall
remain uncompleted. This sum shall be considered, not as penalty, but as the cost(s) for
substantial losses suffered by the public and the City. Liquidated damages are intended to
compensate the City for the CM@Risk’s failure to meet the deadlines set forth herein, and shall
not excuse the CM@Risk from liability from any other breach of requirements of the Contract
Documents, including any failure of the Work to conform to applicable requirements. The
CM@Risk agrees that the sums in Section 4.3.1 are reasonable in light of the anticipated or
actual harm caused by the delay and breach, the difficulties of the proof of loss, and the
inconvenience or nonfeasibility of otherwise obtaining an adequate remedy.
4.3.3. The parties acknowledge, covenant, and agree that the daily basis and the amount set forth
above for liquidated damages are reasonable because of the unique nature of the Project as a
benefit to the public; the fact that inconvenience to the public will be one of the significant impacts
of any failure by the CM@Risk to timely complete the Work; and that it is impracticable and
extremely difficult to ascertain and determine the actual losses which would accrue to the City
and the public. Permitting the CM@Risk to continue and finish the Work, or any portion thereof,
after the time fixed for its completion, shall in no way operate as a waiver on the part of the City
of any of its rights under the Contract.
4.3.4. The City and CM@Risk agree to waive all claims against each other for any consequential
damages that may arise out of or relate to this Agreement. The City agrees to waive damages
including but not limited to the City’s loss of use of the Project, any rental expenses incurred,
loss of income, profit or financing related to the Project, as well as the loss of business, loss of
financing, principal office overhead and expenses, loss of profits not related to this project, or
loss of reputation. CM@Risk agrees to waive damages including but not limited to loss of
business, loss of financing, principal office overhead and expenses, loss of profits not related to
this Project, loss of bonding capacity or loss of reputation
4.4. Project Schedule
4.4.1. The Project Schedule approved as part of a GMP shall be updated and maintained throughout
the Work.
4.4.2. The Project Schedule shall be revised as required by conditions and progress of the Work, but
such revisions shall not relieve CM@Risk of its obligations to complete the Work within the
Contract Time, as such dates may be adjusted in accordance with the Contract Documents.
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4.4.3. Updated Project Schedules shall be submitted monthly in electronic forms to the City as part of
the Payment Request.
4.4.4. CM@Risk shall provide City with a monthly status report with each Project Schedule detailing
the progress of the Work, including: (i) if the Work is proceeding according to Project Schedule,
(ii) any discrepancies, conflicts, or ambiguities found to exist in the Contract Documents that
require resolution, and (iii) other items that require resolution so as not to jeopardize ability to
complete the Work as presented in the GMP proposal and within the Contract Time. Each status
report shall also include the following:
• Description of problem tasks (referenced to field instructions, requests for information
(RFI’s), as appropriate.
• Current and anticipated delays including:
o Cause of the delay;
o Corrective action and schedule adjustments to correct the delay;
o Known or potential impact of the delay on other activities, Milestones, and the date of
Substantial Completion.
• Changes in construction sequence
• Pending items and status thereof including but not limited to:
o Time Extension requests;
o Other items.
• Substantial Completion date status:
o If ahead of schedule, the number of calendar Days ahead;
o If behind schedule, the number of calendar Days behind.
• Other project or scheduling concerns
4.4.5. City’s review of and response to the Project Schedule is only for general conformance with the
scheduling requirements of the Contract Documents. The review shall not relieve the CM@Risk
from compliance with the requirements of the Contract Documents or be construed as relieving
the CM@Risk of its complete and exclusive control over the means, methods, sequences, and
techniques for executing the Work.
4.4.6. The Project Schedule shall include a Critical Path Method (CPM) diagram schedule that shall
show the sequence of activities, the interdependence of each activity and indicate the Critical
Path.
4.4.6.1. The CPM diagram schedule shall be in Days and indicate duration, earliest and latest start and
finish dates for all activities, and total Float times for all activities except critical activities. The
CPM diagram shall be presented in a time scaled graphical format for the Project as a whole.
4.4.6.2. The CPM diagram schedule shall indicate all relationships between activities.
4.4.6.3. The activities making up the schedule shall be sufficient detail to assure that adequate planning
has been done for proper execution of the Work and such that it provides an appropriate basis
for monitoring and evaluating the progress of the Work. Further, activities shall be included for,
without limitation, any and all City franchised or private utilities required to be temporarily or
permanently demolished, relocated or installed; design, procurement, furnishing and installing
of equipment, information technology systems, security systems, furnishings, and other City
improvements (whether installed by the CM@Risk or the City) required for the Work to be
completely functional as intended. These Owner Activities will be shown in the schedule with
the appropriate precursor and successor activities necessary for monitoring and evaluating the
progress of the Owner Activities.
4.4.6.4. The CPM diagram schedule shall be based upon activities, which would coincide with the
schedule of values, but the Project Schedule is not required to be cost-loaded.
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4.4.6.5. The CPM diagram schedule shall show all critical submittals associated with each work activity
and the review time for each submittal.
4.4.6.6. The Project Schedule shall show Milestones, including Milestones for Owner-furnished
information, utilities and improvements when those Milestones are interrelated with the
CM@Risk activities.
4.4.6.7. The Project Schedule shall include a Critical Path activity that reflects anticipated rain delay
during the performance of the Contract. The duration shall reflect the average climatic range
and usual industrial conditions prevailing in the locality of the site. Weather data shall be based
on information provided by the National Weather Services or other approved source.
4.4.7. The Project Schedule shall consider the City’s and the other stakeholder occupancy
requirements showing portions of the Project having occupancy priority, and Contract Time.
4.4.8. Float time shall be as prescribed below.
4.4.8.1. The total Float within the overall Project Schedule, is not for the exclusive use of either the City
or the CM@Risk but is jointly owned by both and is a resource available to and shared by both
parties as needed to meet contract Milestones and the Project contract time.
4.4.8.2. The CM@Risk shall not sequester shared Float through such strategies as extending activity
duration estimates to consume available Float, using preferential logic, or using extensive
crew/resource sequencing, etc. Since Float time within the Project Schedule is jointly owned,
no time extensions will be granted nor delay damages paid until a delay occurs which extends
the Work beyond the Substantial Completion date.
4.4.8.3. Since Float time within the Project Schedule is jointly owned, it is acknowledged that City-
caused delays on the Project may be offset by City-caused time savings (i.e., critical path
submittals returned in less time than allowed by the Contract, approval of substitution requests
and credit changes which result in savings of time to the CM@Risk, etc.). In such an event, the
CM@Risk shall not be entitled to receive a time extension or delay damages until all City-caused
time savings are exceeded, and the Substantial Completion date is also exceeded.
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Article 5- Contract Price
5.0. The CM@Risk agrees at his own proper cost and expense, to do all Work as aforesaid for the
construction of said improvements and to completely construct the same and install the material
therein, as called for by this Agreement free and clear of all claims, liens, and charges
whatsoever, in the manner and under the conditions specified within the time, or times, stated
in the approved GMP proposal.
5.1. Contract Price.
5.1.1. The Contract Price will be as approved in the Guaranteed Maximum Price proposal attached as
an Exhibit including an amount for Owner’s Contingency.
5.1.2. Guaranteed Maximum Price is composed of the following not-to-exceed lump sum amounts
defined below. The CM@Risk is at risk to cover any additional Project costs. Any amounts in
excess of the Allowances and/or CM@Risk’s Contingency shall revert to the City.
5.1.2.1 The Cost of the Work is a fixed lump sum.
5.1.2.2 The General Conditions Costs and the Construction Fee are firm fixed lump sums, but subject
to adjustments as permitted in the Contract Documents.
5.1.3 CM@Risk’s Contingency is an amount the CM@Risk may be used under the following
conditions: (1) at its discretion for increases in the Cost of the Work, or (2) with written approval
of the City for increases in General Condition Costs. CM@Risk’s Contingency is assumed to be
a direct project cost so will have received all markups at the time of GMP submission.
5.1.5.1 When the CM@Risk utilize CM@Risk’s Contingency funds, the CM@Risk shall make the
appropriate changes to the schedule of values with the next regular progress payment request.
The CM@Risk shall deduct the amount of CM@Risk’s Contingency funds used from the
CM@Risk’s Contingency line item and adding the same amount to the line item on the schedule
of values where the funds were used. If the CM@Risk’s Contingency funds are used for a new
line item that was not given with the original schedule of values, that will be so indicated.
5.1.6 Owner’s Contingency are funds to be used at the discretion of the Owner to cover any increases
in Project costs that result from Owner directed changes or unforeseen site conditions. Owner’s
Contingency will be added to the GMP amount provided by the CM@Risk, the sum of which will
be the total contract price for construction. Markups for Construction Fee and taxes will be
applied by the CM@Risk at the time that Owner’s Contingency is used.
5.1.7 As a City public procurement project this Project is tax exempt. Appropriate tax exemption forms
shall be provided to the CM@Risk.
5.1.8 The GMP is subject to adjustments made in accordance with Article 6 and by GMP Amendments
to this Agreement.
5.1.9 GMP Amendments are cumulative not including CM@Risk Contingency. The amount of
CM@Risk Contingency for each GMP amendment will be negotiated separately and shall reflect
the CM@Risk’s risk from that point in the project forward.
5.1.9.1 If the GMP requires an adjustment due to changes in the Work or other causes as allowed in
the Contract Documents, the cost of such changes is determined subject to Article 6. The
markups that shall be allowed on such changes shall be no greater than the markups delineated
in Article 6.
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Article 6 - Changes to the Contract Price and Time
6.1. Delays to the Work
6.1.1. If CM@Risk is delayed in the performance of the Work that will cause a change in the date of
Substantial Completion due to acts, omissions, conditions, events, or circumstances beyond its
control and due to no fault of its own or those for whom CM@Risk is responsible, the Contract
Times for performance shall be reasonably extended by Change Order.
6.1.2. The CM@Risk shall request an increase in the Contract Time by written notice including an
estimate of probable effect of delay on progress of the Work. In the case of a continuing delay
only one request is necessary. Such notice shall not be later than fourteen (14) Days after such
condition or event has been encountered.
6.1.3. By way of example, events that will entitle CM@Risk to an extension of the Contract Time
include acts or omissions of City or anyone under City’s control (including separate contractors),
changes in the Work, Differing Site Conditions, delays by regulating agencies, wars, floods,
labor disputes, unusual delay in transportation, epidemics, earthquakes, adverse weather
conditions not reasonably anticipated, and other acts of God.
6.1.4. If adverse weather conditions are the basis for a request for additional Contract Time, such
requests shall be documented by data substantiating that weather conditions were abnormal for
the period of time and that weather conditions had an adverse effect on the scheduled
Substantial Completion.
6.1.4.1. In allowing delays for weather, the City will be entitled to consider weather conditions prevailing
throughout the entire Contract period. The City and CM@Risk will together reconcile actual
working days lost and gained over the entire Contract period every ninety (90) days. The
CM@Risk shall then adjust the activities for the schedule’s Float reserves where those activities
are carried in the CM@Risk’s Project Schedule (if any).
6.1.5. It is understood, however, that permitting the CM@Risk to proceed to complete any Work, or
any part of the Work, after the date to which the time of completion may have been extended,
shall in no way act as a waiver on the part of the City of any of its legal rights herein.
6.1.6. In addition to CM@Risk’s right to a time extension for those events set forth in this Section,
CM@Risk shall also be entitled to an appropriate adjustment of the Contract Price provided,
however, that the Contract Price shall not be adjusted for those events set forth in this Section
that are beyond the control of both CM@Risk and City, including the events of war, floods, labor
disputes, earthquakes, epidemics, adverse weather conditions not reasonably anticipated, and
other acts of God. In the event of an occurrence under this Section, the CM@Risk and any
Subcontractors will be excused from any further performance or observance of the requirements
so affected for as long as such circumstances prevail, and the CM@Risk and any
Subcontractors continues to use commercially reasonable efforts to recommence performance
or observance whenever and to whatever extent possible without delay. Any Subcontractors of
the CM@Risk shall immediately notify the CM@Risk, who shall then immediately notify the City
Project Manager by telephone of any such circumstances or event (to be confirmed in writing
within five (5) calendar days of the inception of such occurrence) and describe at a sufficient
level of detail the circumstances causing the non-performance or delay in performance.
6.1.7. If either the Work actually in place falls behind as reflected by the currently updated Project
Schedule, or it becomes apparent or likely in the reasonable opinion of the City that the Work
will not be completed within the Contract Time or in accordance with the CM@Risk’s Project
Schedule, due to delays caused by the CM@Risk or its subcontractors, the CM@Risk agrees it
shall, as necessary, take some or all of the following actions (hereinafter referred to collectively
as “Extraordinary Measures”) at no additional cost to the City or their consultants, as required
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to substantially eliminate, in the judgment of the City, the backlog of CM@Risk’s Work on the
Project:
6.1.7.1. Increase quantities of, without limitation, labor, supervision, material deliveries, equipment on
site, and crafts as necessary;
6.1.7.2. Increase the number of working hours per shift, shifts per working day, working days per week,
or any combination of the foregoing;
6.1.7.3. Reschedule activities to achieve maximum practical concurrence of accomplishment; and
6.1.7.4. Do whatever else is reasonably required by the City.
6.1.8. These Extraordinary Measures shall continue until the progress of the Work complies with the
stage of completion required by the Contract Documents. The City’s right to require
Extraordinary Measures is solely for the purpose of ensuring the CM@Risk’s compliance with
the CM@Risk’s Schedule.
6.1.9. In the event of such a delay, the City may also require the CM@Risk to immediately submit a
Proposed Recovery Schedule for its review and approval, demonstrating to the City’s
satisfaction the effect of applying the necessary and continuing Extraordinary Measures required
to recover the Substantial Completion date shown in the most currently approved Project
Schedule.
6.2 Differing Site Conditions
6.2.1 If CM@Risk encounters a Differing Site Condition, CM@Risk will be entitled to an adjustment
in the Contract Price and/or Contract Times to the extent CM@Risk’s cost and/or time of
performance are adversely impacted by the Differing Site Condition.
6.2.2 Upon encountering a Differing Site Condition, CM@Risk shall provide prompt written notice to
City of such condition, which notice shall not be later than seven (7) days after such condition
has been encountered. CM@Risk shall, to the extent reasonably possible, provide such notice
before the Differing Site Condition has been further or substantially disturbed or altered.
6.3 Errors, Ambiguities, Discrepancies and Omissions.
6.3.1 If the CM@Risk observes errors, ambiguities, discrepancies, or omissions in the Contract
Documents, they shall promptly notify the Design Professional and request clarification.
6.3.2 If the CM@Risk proceeds with the Work affected by such known errors, ambiguities,
discrepancies, or omissions, without receiving such clarifications, they do so at their own risk.
Adjustments involving such circumstances made by the CM@Risk prior to clarification by the
Design Professional shall be at the CM@Risk’s risk.
6.4 City Requested Change in Work.
6.4.1 The City reserves the right to make, at any time during the progress of the Work, such
alterations as may be found necessary or in the City’s best interest.
6.4.2 Such alterations and changes shall not invalidate this Agreement nor release the surety and
the CM@Risk agrees to perform the Work as altered, the same as if it has been a part of the
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original Contract Documents.
6.4.3 The City will request a proposal for a change in Work from CM@Risk, and an equitable
adjustment in the Contract Price and/or Contract Times shall be made based on a mutual
agreed upon cost and time.
6.5. Legal Requirements.
6.5.1. The Contract Price and/or Contract Times shall be adjusted to compensate CM@Risk for the
effects of any changes in the Legal Requirements enacted after the date of the Agreement or
the date of the GMP proposal, affecting the performance of the Work.
6.6. Change Directives and Change Orders.
6.6.1. City and CM@Risk shall negotiate in good faith and as expeditiously as possible the appropriate
adjustments for a Change Directive. Upon reaching an agreement, the parties shall prepare and
execute an appropriate Change Order reflecting the terms of the adjustment.
6.6.2. All changes in Work authorized by Change Orders shall be performed under the conditions of
the Contract Documents
6.7. Minor Changes in the Work
6.7.1. The City has authority to order minor changes in Work that do not materially and adversely affect
the Work, including the design, quality, performance, and workmanship required by the Contract
Documents. Such changes shall be affected by written order and shall be binding on the City
and CM@Risk. The CM@Risk shall carry out such written orders promptly.
6.7.2. CM@Risk may make minor changes in Work, provided, however that CM@Risk shall promptly
inform City, in writing, of any such changes and record such changes, if appropriate, on the
Project Record Documents maintained by CM@Risk.
6.7.3. Minor changes in Work will not involve an adjustment in the Contract Price and/or Contract Times.
6.8. Contract Price Adjustments
6.8.1. The increase or decrease in Contract Price resulting from a change in the Work shall be handled
in accordance with the provisions of Section 2251.0521 of the Texas Government Code and
determined by one or more of the following methods:
6.8.1.1. Unit prices set forth in the Agreement or as subsequently agreed to between the parties;
6.8.1.2. A mutually accepted, lump sum, properly itemized and supported by sufficient substantiating
data to permit evaluation by City; or
6.8.1.3. Estimated cost of the Work, General Conditions Costs, if applicable, Construction Fee and tax.
6.8.2. The markups for overhead and profit that shall be allowed on the Cost of the Work driven by
each change shall be no greater than that specified in Section 6.8.5 below.
6.8.3. If an increase or decrease cannot be agreed to as set forth in Subsections 6.8.1.1 through
6.8.1.3 above and City issues a Change Directive, the cost of the change of the Work shall be
determined by the verifiable, actual expenses and savings in the performance of the Work
resulting from the change, including a reasonable overhead and profit as shown in Section 6.8.5
below. CM@Risk shall maintain a documented, itemized accounting evidencing the expenses
and savings associated with such changes.
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6.8.4. Cost of the Work for the purposes of this Section 6.8, and in calculating overhead and profit
shall be limited to the following:
6.8.4.1. Costs of labor, including applicable and verifiable payroll taxes, fringe benefits required by
agreement, workers’ compensation insurance, and other employee costs approved by the City;
6.8.4.2. Costs of materials, supplies, and equipment, including cost of transportation, whether
incorporated or consumed;
6.8.4.3. Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the
CM@Risk or others;
6.8.4.4. Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes,
directly related to the change; and
6.8.4.5. Additional, verifiable payroll and subsistence costs incurred by the CM@Risk, Subcontractor,
and Sub-subcontractor of field personnel directly attributable to the change.
6.8.5. The allowance for the combined total of onsite and offsite overhead and profit included in the
total cost to the City for proposed Change Orders shall be based on the following schedule
6.8.5.1. For the CM@Risk, for Work performed by the CM@Risk’s own forces, CM@Risk’s fee
percentage shown in the GMP plus actual direct jobsite costs associated with the additional
work, if any;
6.8.5.2. For the CM@Risk, for Work performed by the CM@Risk’s Subcontractor, CM@Risk’s fee
percentage shown in the GMP plus actual direct jobsite costs associated with the additional
work, if any;
6.8.5.3. For each Subcontractor or sub-Subcontractor involved, for Work performed by that
Subcontractor or Sub-subcontractor’s own forces, ten percent (10%) of the cost;
6.8.5.4. For each Subcontractor, for Work performed by the Subcontractor’s sub-Subcontractors, five
percent (5%) of the amount due the sub-Subcontractor;
6.8.5.5. Under no circumstance shall costs of the CM@Risk’s supervisory, management, administrative
or other office personnel, regardless of where stationed, be paid as cost of the Work for such a
change. Conversely, the CM@Risk shall be compensated for such personnel within the
overhead and profit percentage specified in this Section 6.8.4.
6.8.5.6. In order to facilitate checking of quotations for extras or credits, all proposals, except those so
minor that their propriety can immediately be seen by inspection, shall be accomplished by a
complete itemization of quantities and costs including labor, materials, and subcontracts. Labor
and materials shall be itemized in the manner prescribed above. Where major cost items are
subcontracts, they shall be itemized also;
6.8.5.7. When both additions and credits are involved in any change, the allowance for overhead and
profit shall be figured on the basis of the net increase or decrease, if any; and
6.8.5.8. Overtime, when specifically authorized by the City and not as a requirement for the CM@Risk
to fulfill its obligations under this Agreement, shall be paid for by the City on the basis of premium
payment only, plus the cost of insurance and taxes based on the premium payment period.
Overhead and profit will not be paid by the City for overtime.
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6.8.6. If unit prices are set forth in the Contract Documents or are subsequently agreed to by the
parties, but application of such unit prices will cause substantial inequity to City or CM@Risk
because of differences in the character or quantity of such unit items as originally contemplated,
such unit prices shall be equitably adjusted.
6.8.7. If City and CM@Risk disagree upon whether CM@Risk is entitled to be paid for any services
required by City, or if there are any other disagreements over the scope of Work or proposed
changes to the Work, City and CM@Risk shall resolve the disagreement pursuant to Article 8
hereof.
6.8.7.1. As part of the negotiation process, CM@Risk shall furnish City with a good faith estimate of the
costs to perform the disputed services in accordance with City’s interpretations.
6.8.7.2. If the parties are unable to agree and City expects the CM@Risk to perform the services in
accordance with City’s interpretations, CM@Risk shall proceed to perform the disputed
services, conditioned upon City issuing a written order to CM@Risk (i) directing CM@Risk to
proceed and (ii) specifying City’s interpretation of the services that are to be performed unless
otherwise prohibited under Section 2251.0521 of the Texas Government Code.
6.8.8. Emergencies. In any emergency affecting the safety of persons and/or property, CM@Risk
shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the
Contract Price and/or Contract Time resulting from emergency work under this Section shall be
determined as provided in this Article.
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Article 7- Procedure for Payment
7.0. For and in consideration of the faithful performance of the Work herein embraced as set forth in
the Contract Documents, which are a part hereof and in accordance with the directions of the
City and to its satisfaction, the City agrees to pay the said CM@Risk the actual Cost of the Work
and any applicable General Conditions Costs including, insurance and bonding, taxes, if any,
and the CM@Risk’s Construction Fee, but no more than the GMP as adjusted by any Change
Orders. Payment for the specific work under this Agreement will be made in accordance with
payment provisions detailed below.
7.1. GMP Payment Request
7.1.1. At the pre-construction conference prescribed in Section 2.4, CM@Risk shall submit for City’s
review and approval a schedule of values. The schedule of values will serve as the basis for
monthly progress payments made to CM@Risk throughout the Work.
7.1.2. At least five (5) working days prior to the date established for a Payment Request, the CM@Risk
shall submit an updated Project Schedule and meet with the City’s Representative to review the
progress of the Work as it will be reflected on the Payment Request.
7.1.3. The Payment Request shall constitute CM@Risk’s representation that the Work has been
performed consistent with the Contract Documents, has progressed to the point indicated in the
Payment Request, and that all Work will pass to City free and clear of all claims, liens,
encumbrances, and security interests upon the incorporation of the Work into the Project and
payment, therefore.
7.1.4. The Payment Request may request payment for stored equipment and materials if construction
progress is in reasonable conformance with the approved Project Schedule.
7.1.4.1. For equipment and materials suitably stored at the Site, the equipment and materials shall be
protected by suitable insurance and City shall receive the equipment and materials free and
clear of all liens and encumbrances upon payment, therefore.
7.1.4.2. For materials and equipment stored off the Site and included in Payment Request, the City must
approve the storage. The material and equipment must be stored within Denton County and be
accessible for City’s inspection. The CM@Risk must protect the City’s interest and shall include
applicable insurance, bonding, storage, and transportation to the Site.
7.1.4.3. All bonds and insurance required for stored materials shall name the City as the loss payee to
the extent of its interest in the stored materials.
7.1.5. CM@Risk shall submit payment requests to the City at the beginning of each month beginning
with the first month after the construction Notice to Proceed.
7.1.6. With every Payment Request for the Work, CM@Risk will submit an affidavit stating that the
CM@Risk has complied with the requirements of Chapter 2258, Texas Government Code. The
parties hereto agree that any electronic copy of such affidavit shall be treated as an original for
all intents and purposes.
7.2. Payment of GMP
7.2.1. City shall make payment in accordance with the provisions of this Contract and Chapter 2251
of the Texas Government Code. Payment will be made no later than thirty (30) Days after the
Payment Request is received by the City, but in each case less the total of payments previously
made, and less amounts properly retained under Section 7.3 below.
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7.2.2. City shall pay CM@Risk all amounts properly due. If City determines that there is an error in the
Payment Request and the CM@Risk is not entitled to all or part of a Payment Request, it will
notify CM@Risk in writing within twenty-one (21) Days after the date Payment Request is
received by the City. The notice shall indicate the specific amounts City intends to withhold, the
reasons and contractual basis for the withholding, and the specific measures CM@Risk must
take to rectify City’s concerns. CM@Risk and City will attempt to resolve City’s concerns. If the
parties cannot resolve such concerns, CM@Risk may pursue its rights under the Contract
Documents, including those under Article 8 hereof.
7.3. Retention on GMP
7.3.1. City will retain five percent (5%) of each Payment Request amount provided.
7.4. Substantial Completion. Upon Substantial Completion of the entire Work or, if applicable, any
portion of the Work, City shall release to CM@Risk all retained amounts relating, as applicable,
to the entire Work or substantially completed portion of the Work, less an amount of the
reasonable value of all remaining or incomplete items of Work as noted in the Certificate of
Substantial Completion.
7.5. Final Payment
7.5.1. After receipt of a final Payment Request, City shall make final payment 30 days after the receipt
by the City, provided that CM@Risk has completed all of the Work in conformance with the
Contract Documents and a Final Acceptance Letter has been issued by the City.
7.5.2. At the time of submission of its final Payment Request, CM@Risk shall provide the following
information:
7.5.2.1. An affidavit that there are no claims, obligations, or liens outstanding or unsatisfied for labor,
services, material, equipment, taxes, or other items performed, furnished or incurred for or in
connection with the Work which will in any way affect City’s interests;
7.5.2.2. A general release executed by CM@Risk waiving, upon receipt of final payment by CM@Risk,
all claims, except those claims previously made in writing to City and remaining unsettled at the
time of final payment;
7.5.2.3. Conditional waivers and releases executed by all Subcontractors; and
7.5.2.4. Consent of CM@Risk’s surety, if any, to final payment (original with raised seal).
7.6. Payments to Subcontractors or Suppliers
7.6.1. CM@Risk shall pay its Subcontractors or suppliers within ten (10) Days of receipt of each
progress payment from the City. The CM@Risk shall pay for the amount of Work performed or
materials supplied by each Subcontractor or supplier as accepted and approved by the City with
each progress payment. In addition, any reduction of retention by the City to the CM@Risk shall
result in a corresponding reduction to Subcontractors or suppliers who have performed
satisfactory work. CM@Risk shall pay Subcontractors or suppliers the reduced retention within
ten (10) Days of the payment of the reduction of the retention to the CM@Risk. No contract
between CM@Risk and its Subcontractors and suppliers may materially alter the rights of any
Subcontractor or supplier to receive prompt payment and retention reduction as provided herein.
7.6.2. If the CM@Risk fails to make payments in accordance with these provisions, the City may take
any one or more of the following actions and CM@Risk agrees that the City may take such
actions:
7.6.2.1. To hold the CM@Risk in default under this Agreement;
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7.6.2.2. Withhold future payments including retention until proper payment has been made to
Subcontractors or suppliers in accordance with these provisions;
7.6.2.3. Reject all future offers to perform work for the City from the CM@Risk for a period not to exceed
one year from Substantial Completion date of this Project; or
7.6.2.4. Terminate this Agreement.
7.6.3. All funds paid to the CM@Risk are paid in trust and shall be used for payment of the
Subcontractors and Suppliers who have performed work on the Project before the CM@Risk
may use any of the funds for any other purpose. Nothing in this provision shall prohibit the
CM@Risk from withholding any funds in dispute or back charges or offsets under the provisions
of the Subcontract. The CM@Risk shall include a trust fund provision in each subcontract
requiring the subcontractor to hold any payment its receives in trust and to use them for payment
of its subcontractors and suppliers who have performed work on the Project before
Subcontractor may use the funds for any other purpose.
7.6.4. Should the City fail or delay in exercising or enforcing any right, power, privilege, or remedy
under this Section, such failure or delay shall not be deemed a waiver, release, or modification
of the requirements of this Section or of any of the terms or provisions thereof.
7.6.5. CM@Risk shall include these prompt payment provisions in every subcontract, including
procurement of materials and leases of equipment for this Agreement.
7.7. Record Keeping, Audits and Finance Controls
7.7.1. Full and detailed records of the CM@Risk's direct personnel payroll, reimbursable expenses
pertaining to the Cost of the Work for this Project and records of accounts between the City and
CM@Risk shall be kept on a generally recognized accounting basis consistently applied, and
shall be available for five years after Final Acceptance of the Project, or for such longer period
as may be required by law. The accounting and control systems shall be as necessary for proper
financial management under this Agreement; and as required to substantiate all costs incurred
to the satisfaction of the City.
7.7.2. The City, its authorized representative, and/or the appropriate federal agency (if any), reserve
the right to audit the CM@Risk’s records to verify the accuracy and appropriateness of all pricing
data, including data used to negotiate Contract Documents and any Change Orders.
7.7.2.1. Specifically, the City and the City’s authorized auditors shall, during regular business hours and
upon reasonable notice, be afforded access to electronically or within 50 miles of Denton, and
shall be permitted to audit, inspect and copy, the CM@Risk’s records and accounts, including
complete documentation supporting actual, direct and "bare" labor costs, job–cost coded labor
reports, accounting entries, books, job cost reports, correspondence, instructions, drawings,
receipts, subcontracts, Subcontractor’s proposals, Subcontractor’s invoices, purchase orders,
vouchers, memoranda, and other information or data relating to this Agreement.
7.7.3. The City reserves the right to decrease Contract Price and/or payments made on this Agreement
if, upon audit of the CM@Risk’s records, the audit discloses the CM@Risk has provided false,
misleading, or inaccurate cost and pricing data.
7.7.4. The CM@Risk shall include a similar provision in all of its agreements with Subconsultants and
Subcontractors providing services under the Contract Documents to ensure the City, its
authorized representative, and/or the appropriate federal agency, has access to the
Subconsultants’ and Subcontractors’ records to verify the accuracy of cost and pricing data.
7.7.5. The City reserves the right to decrease Contract Price and/or payments made on this Agreement
if the above provision is not included in Subconsultant’s and Subcontractor’s contracts, and one
or more Subconsultants and/or Subcontractors do not allow the City to audit their records to
verify the accuracy and appropriateness of pricing data.
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Article 8- Claims and Disputes
8.0. Requests for Contract Adjustments and Relief.
8.0.1. If either CM@Risk or City believes that it is entitled to relief against the other for any event
arising out of or related to the Contract, such party shall provide written notice to the other party
of the basis for its claim for relief.
8.0.2. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance
with any specific notice requirements contained in applicable sections of the Agreement.
8.0.3. In the absence of any specific notice requirement, written notice shall be given within a
reasonable time, not to exceed twenty-one (21) Days, after the occurrence giving rise to the
claim for relief or after the claiming party reasonably should have recognized the event or
condition giving rise to the request, whichever is later.
8.0.4. Such notice shall include sufficient information to advise the other party of the circumstances
giving rise to the claim for relief, the specific contractual adjustment or relief requested and the
basis of such request.
8.1. Dispute Avoidance and Resolution
8.1.1. The parties are fully committed to working with each other throughout the Project and agree to
always communicate regularly with each other so as to avoid or minimize disputes or
disagreements. If disputes or disagreements do arise, CM@Risk and City each commit to
resolving such disputes or disagreements in an amicable, professional, and expeditious manner
so as to avoid unnecessary losses, delays, and disruptions to the Work.
8.1.2. CM@Risk and City will first attempt to resolve disputes or disagreements at the field level
through discussions between CM@Risk’s Representative and City’s Representative.
8.1.3. If a dispute or disagreement cannot be resolved through CM@Risk’s Representative and City’s
Representative, CM@Risk’s Senior Representative and City’s Senior Representative, upon the
request of either party, shall meet as soon as conveniently possible, but in no case later than
thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement.
Prior to any meetings between the Senior Representatives, the parties will exchange relevant
information that will assist the parties in resolving their dispute or disagreement. Should this
effort be unsuccessful then the parties may proceed to take appropriate action to enforce any
rights or obligations pursuant to the provisions of the Contract.
8.2. Duty to Continue Performance Unless provided to the contrary in the Contract Documents or
as provided by statute, CM@Risk shall continue to perform the Work and City shall continue to
satisfy its payment obligations to CM@Risk, pending the final resolution of any dispute or
disagreement between CM@Risk and City.
8.3. Representatives of the Parties
8.3.1. City’s Representatives
8.3.1.1. City designates the City Engineer or their designee as its Senior Representative (“City’s Senior
Representative”), which individual has the authority and responsibility for avoiding and resolving
disputes under Subsection 8.1.3.
8.3.1.2. City designates the City’s project manager as its City’s Representative, which individual has
the authority and responsibility set forth in Subsection 8.1.2.
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8.3.2. CM@Risk’s Representatives
8.3.2.1. CM@Risk designates the individual listed below as its Senior Representative (“CM@Risk’s
Senior Representative”), which individual has the authority and responsibility for avoiding and
resolving disputes under Subsection 8.1.3:
Joe Dooley, Senior Vice President
8445 Freeport Parkway Suite 240
Irving, Texas 75063
(469) 510-1646
jedooley@sundt.com
8.3.2.2. CM@Risk designates the individual listed below as its CM@Risk’s Representative, which
individual has the authority and responsibility set forth in Subsection 8.1.2:
Holly Horsak, Area Manager
8445 Freeport Parkway Suite 240
Irving, Texas 75063
(602) 350-5251
hkhorsak@sundt.com
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Article 9 – Suspension and Termination
9.0. City’s Right to Stop Work
9.0.1. City may, at its discretion and without cause, order CM@Risk in writing to stop and suspend the
Work. Such suspension shall not exceed one hundred and eighty (180) consecutive Days.
9.0.2. CM@Risk may seek an adjustment of the Contract Price and/or Contract Time if its cost or time
to perform the Work has been adversely impacted by any suspension or stoppage of Work by
City.
9.1. Termination for Convenience
9.1.1. Upon receipt of written notice to CM@Risk, City may, at its discretion and without cause, elect
to terminate this Agreement. In such event, City shall pay CM@Risk only the direct value of its
completed Work and materials supplied as of the date of termination and the reasonable costs
and expenses attributable to such termination. CM@Risk shall be entitled to profit and overhead
on completed Work only but shall not be entitled to anticipated profit or anticipated overhead.
9.1.2. If the City suspends the Work for 181 consecutive Days or more, such suspension shall be
deemed a termination for convenience.
9.1.3 Upon such termination, the CM@Risk shall proceed with the following obligations:
9.1.3.1 Stop Work as specified in the notice.
9.1.3.2 Place no further subcontracts or orders.
9.1.3.3 Terminate all subcontracts to the extent they relate to the Work terminated and finalize all settlement
proposals.
9.1.3.4 Take any action that may be necessary for the protection and preservation of the property
related to the Contract that is in the possession of the CM@Risk and which the City has or may
acquire an interest.
9.1.4 The CM@Risk shall submit complete termination inventory schedules no later than 120 Days
from the date of the notice of termination.
9.1.5 The City shall pay CM@Risk the following.
9.1.5.1 The direct, verifiable value of its completed Work and materials supplied as of the date of termination.
9.1.5.2 The reasonable, verifiable costs and expenses attributable to such termination.
9.1.5.3 CM@Risk shall be entitled to profit and overhead on completed Work only but shall not be
entitled to anticipated profit or anticipated overhead. Neither shall the CM@Risk be entitled to
any costs for lost opportunity, or any other similar, consequential damages. If it appears the
CM@Risk would have sustained a loss on the entire Work had it been completed, the CM@Risk
shall not be allowed profit and the City shall reduce the settlement to reflect the indicated rate
of loss.
9.1.6 The CM@Risk shall maintain all records and documents for five years after final settlement.
These shall be maintained and subject to auditing as prescribed in Section 7.7.
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9.2. City’s Right to Perform and Terminate for Cause
9.2.1. If the City provides the CM@Risk with a written order to provide adequate maintenance of traffic,
adequate cleanup, adequate dust control or to correct deficiencies or damage resulting from
abnormal weather conditions, and the CM@Risk fails to comply in a time frame specified, the
City may have a portion of the Work included in the written order accomplished by other sources.
9.2.2. If CM@Risk persistently fails to: (i) provide a sufficient number of skilled workers; (ii) supply the
materials required by the Contract Documents; (iii) comply with applicable Legal Requirements;
(iv) timely pay, without cause, Subconsultants and/or Subcontractors; (v) prosecute the Work
with promptness and diligence to ensure that the Work is completed within the Contract Times,
as such times may be adjusted; or (vi) perform material obligations under the Contract
Documents, then City, in addition to any other rights and remedies provided in the Contract
Documents or by law, shall have the rights set forth in Subsections 9.2.3 and 9.2.4 below.
9.2.3. Upon the occurrence of an event set forth in Subsection 9.2.2 above, City may provide written
notice to CM@Risk, with a copy to the surety, if any, that it intends to terminate the Agreement
unless the problem cited is cured, or commenced to be cured, within seven (7) Days of
CM@Risk’s receipt of such notice.
9.2.3.1. If CM@Risk fails to cure, or reasonably commence to cure, such problem, then City may give a
second written notice to CM@Risk, with a copy to the surety, if any, of its intent to terminate
within an additional seven (7) Day period.
9.2.3.2. If CM@Risk, within such second seven (7) Day period, fails to cure, or reasonably commence
to cure, such problem, then City may declare the Agreement terminated for default by providing
written notice to CM@Risk of such declaration, with a copy to the surety, if any.
9.2.4. Upon declaring the Agreement terminated pursuant to Subsection 9.2.3.2 above, City may enter
upon the premises and take possession, for the purpose of completing the Work, of all materials
which have been purchased for the performance of the Work, all of which CM@Risk hereby
transfers, assigns and sets over to City for such purpose, and to employ any person or persons
to complete the Work and provide all of the required labor, services, materials, equipment and
other items.
9.2.5. In the event of such termination, CM@Risk shall not be entitled to receive any further payments
under the Contract Documents until the Work shall be finally completed in accordance with the
Contract Documents. At such time, the CM@Risk will only be entitled to be paid for Work
performed and accepted by the City prior to its default.
9.2.6. If City’s cost and expense of completing the Work exceeds the unpaid balance of the Contract
Price, then CM@Risk shall be obligated to pay the difference to City. Such costs and expense
shall include not only the cost of completing the Work, but also losses, damages, costs and
expense, including attorneys’ fees and expenses, incurred by City in connection with the
reprocurement and defense of claims arising from CM@Risk’s default.
9.2.7. If City improperly terminates the Agreement for cause, the termination for cause shall be
converted to a termination for convenience in accordance with the provisions of Section 9.1.
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Article 10 - Insurance and Bonds
10.0. Insurance Requirements
10.0.1 CM@Risk and Subcontractors shall procure and maintain until all of their obligations under this
agreement have been discharged, including until any warranty periods under this Agreement
are satisfied, insurance against claims for injury to persons or damage to property that may arise
from or in connection with the performance of the Work hereunder by the CM@Risk, their
agents, representatives, employees, or Subcontractors.
10.0.2 The insurance requirements herein are minimum requirements for this Agreement and in no way
limit the indemnity covenants contained in this Agreement.
10.0.3 The City in no way warrants that the minimum limits contained herein are sufficient to protect
the CM@Risk from liabilities that might arise out of the performance of the Work under this
Agreement by the CM@Risk, their agents, representatives, employees, or subcontractors.
CM@Risk is free to purchase such additional insurance as may be determined necessary.
10.1 Minimum Scope and Limits of Insurance. CM@Risk shall provide coverage with limits of
liability not less than those stated below:
10.1.1 Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, broad form contractual liability and XCU
coverage.
• General Aggregate/for this Project $2,000,000/$1,000,000
• Products – Completed Operations Aggregate $1,000,000
• Personal and Advertising Injury $1,000,000
• Each Occurrence $1,000,000
The policy shall include endorsement CG2503 Amendment of limits (designated project or premises)
in order to extend the policy’s limits specifically to the project in question.
The policy shall be endorsed to include the following additional insured language: “The City of
Denton, its Officials, and Employees shall be named as an additional insured with respect
to liability arising out of the activities performed by, or on behalf of the CM@Risk. This
policy shall provide a blanket waiver of subrogation in favor of the City of Denton. A copy
of the endorsement or other policy provisions naming the City as an additional insured
to the insurance policy and providing a blanket waiver of subrogation in favor of the City
of Denton, its Officials, and Employees shall be attached to the certificate of insurance.”
10.1.2 Automobile Liability - Bodily injury and property damage for any owned, hired, and non-owned
vehicles used in the performance of this Agreement.
Combined Single Limit (CSL) $1,000,000
The policy shall be endorsed to include the following additional insured language: “The City of
Denton, its Officials, Employees, and Volunteers shall be named as an additional insured
with respect to liability arising out of the activities performed by, or on behalf of the
CM@Risk, including automobiles owned, leased, hired or borrowed by the CM@Risk This
policy shall provide a blanket waiver of subrogation in favor of the City of Denton. A copy
of the endorsement or other policy provisions naming the City as an additional insured
to the insurance policy and providing a blanket waiver of subrogation in favor of the City
of Denton, its Officials, and Employees shall be attached to the certificate of insurance.”
10.1.3 Workers’ Compensation and Employers’ Liability
Workers’ Compensation Statutory
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Employers’ Liability
Each Accident $100,000
Disease - Each Employee $100,000
Disease – Policy Limit $500,000
This policy shall provide a blanket waiver of subrogation in favor of the City of Denton. A copy
of the endorsement or other policy provisions providing a blanket waiver of subrogation in favor
of the City of Denton, its Officials, and Employees shall be attached to the certificate of
insurance.”
10.1.4 Builders’ Risk Insurance or Installation Floater
In an amount equal to the initial Contract Price plus additional coverage equal to Contract Price
for all subsequent Amendments and/or Change Orders.
10.1.4.1 The CM@Risk will be the Named Insured on the policy. The City of Denton, its Officials, and
Employees shall be named as Additional Insureds on the policy.
10.1.4.2 Coverage shall be written on an all risk, replacement cost basis and shall include coverage
with applicable sublimits for flood and earth movement.
10.1.4.3 Policy shall be maintained until whichever of the following shall first occur: (i) final payment has
been made; (ii) until no person or entity, other than the City of Denton, has an insurable interest
in the property required to be covered, or (iii) once the project has been deemed substantially
complete and ownership has been transferred.
10.1.4.4 Policy shall be endorsed such that the insurance shall not be canceled or lapse because of any
partial use or occupancy by the City.
10.1.4.5 Policy must provide coverage from the time any covered property becomes the responsibility of
the CM@Risk, and continue without interruption during construction, renovation, or installation,
including any time during which the covered property is being transported to the construction
installation site, or awaiting installation, whether on or off site.
10.1.4.6 Loss, if any, shall be adjusted with and made payable to the City of Denton as Trustee for the insureds
as their interests may appear.
10.1.4.7 This policy shall provide a blanket waiver of subrogation in favor of the City of Denton.
A copy of the endorsement or other policy provisions naming the City as an additional
insured to the insurance policy and providing a blanket waiver of subrogation in favor of
the City of Denton, its Officials, and Employees shall be attached to the certificate of
insurance.”
10.1.4.8 CM@Risk is responsible for the payment of all policy deductibles.
10.2 Additional Insurance Requirements. The policies shall include, or be endorsed to include the
following provisions:
10.2.1 On insurance policies where the City of Denton is named as an additional insured, the City of
Denton shall be an additional insured to the extent of the limits required by this Agreement.
10.2.2 The CM@Risk’s insurance coverage shall be primary insurance and non-contributory with
respect to all other available sources.
10.2.3 Coverage provided by the CM@Risk shall not be limited to the liability assumed under the
indemnification provisions of this Agreement.
10.2.4 PROFESSIONAL LIABILITY INSURANCE
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If CONTRACTOR, SUBCONTRACTOR, or SUBCONSULTANT is a licensed or certified person
who renders professional services, then Professional Liability Insurance to provide coverage
against any claim which the CONTRACTOR, SUBCONTRACTOR, or SUBCONSULTANT
becomes legally obligated to pay as damages arising out of the performance of professional
services caused by any negligent error, omission or act with minimum limits of $1,000,000.00
per claim, $2,000,000.00 annual aggregate.
10.3 Notice of Cancellation. Each insurance policy required by the insurance provisions of this
Agreement shall provide the required coverage and shall not be suspended, voided, canceled,
reduced in coverage, materially changed, or endorsed to lower limits except after thirty (30)
Days prior written notice has been given to the City. Such notice shall be sent directly to the City
Senior Representative and shall be sent by certified mail, return receipt requested.
10.4 Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or approved
unlicensed companies in the state of Texas and with an “A.M. Best” rating of at least A or better.
The City in no way warrants that the above-required minimum insurer rating is sufficient to
protect the CM@Risk from potential insurer insolvency.
10.5 Verification of Coverage
10.5.2 CM@Risk shall furnish the City with certificates of insurance (ACORD form or equivalent
approved by the City) as required by this Agreement. The certificates for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf.
10.5.3 All certificates and endorsements are to be received and approved by the City before Work
commences. Each insurance policy required by this Agreement must be in effect at or prior to
commencement of Work under this Agreement and remain in effect for the duration of the
Project. Failure to maintain the insurance policies as required by this Agreement or to provide
evidence of renewal is a material breach of the contract.
10.5.4 All certificates required by this Agreement shall be sent directly to City’s Senior Representative.
The City project/contract number and project description shall be noted on the certificate of
insurance. The City reserves the right to require complete, certified copies of all insurance
policies required by this Agreement at any time. DO NOT SEND CERTIFICATES OF
INSURANCE TO THE CITY’S RISK MANAGEMENT DIVISION.
10.5.5 If the Certificate of Insurance reflecting policy coverage and cancellation notice does not
conform to the City’s requirements, the CM@Risk must:
• Submit a current insurance certificate (dated within 15 Days of the Payment Request
submittal) with each Payment Request form. The Payment Request will be rejected if
the insurance certificate is not submitted with the Payment Request.
10.6 Subcontractors. CM@Risk’s certificate(s) shall include all Subcontractors as additional
insureds under its policies or CM@Risk shall furnish to the City separate certificates and
endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to the
minimum requirements identified above.
10.7 Approval. Any modification or variation from the insurance requirements in this Contract shall
be made by the Law Department, whose decision shall be final. Such action will not require a
formal Contract amendment but may be made by administrative action.
10.8 Bonds and Other Performance Security.
10.8.2 Prior to execution of this Agreement, the CM@Risk must provide a performance bond,
maintenance bond, at the City’s discretion, and a payment bond, each in an amount equal to
the total contract price of the GMP set forth in this Agreement. In addition to any criteria set forth
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in this provision, the performance and payment bonds must comply with all requirements of
Chapter 2253 of the Texas Government Code.
10.8.3 Each such bond shall be executed by a surety company or companies holding a Certificate of
Authority to transact surety business in the state of Texas, issued by the Director of the Texas
Department of Insurance. A copy of the Certificate of Authority shall accompany the bonds. The
Certificate shall have been issued, updated, or certified within two years prior to the execution
of this Agreement.
10.8.4 The bonds shall be made payable and acceptable to the City of Denton.
10.8.5 The bonds shall be written or countersigned by an authorized representative of the surety who
is either a resident of the state of Texas or whose principal office is maintained in this state, as
by law required, and the bonds shall have attached thereto a certified copy of Power of Attorney
of the signing official.
10.8.5 Upon the request of any person or entity appearing to be a potential beneficiary of bonds
covering payment of obligations arising under the Contract Documents, the CM@Risk shall
promptly furnish a copy of the bonds or shall permit a copy to be made.
10.8.6 All bonds submitted for this project shall be provided by a company which has been rated AM
Best rating of “A- or better for the prior four quarters” by the A.M. Best Company.
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Article 11 – Indemnification
11.1 CM@Risk’s General Indemnification.
11.1.1 CM@RISK AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF DENTON, ITS
OFFICERS, AGENTS AND EMPLOYEES, AND ANY JURISDICTION OR AGENCY ISSUING
PERMITS FOR ANY WORK INCLUDED IN THE PROJECT, THEIR OFFICIALS, OFFICERS,
AGENTS AND EMPLOYEES, (HEREINAFTER REFERRED TO AS “INDEMNITEES”, FROM
ALL SUITS AND CLAIMS, INCLUDING ATTORNEY’S FEES AND COST OF LITIGATION,
ACTIONS, LOSS, DAMAGE, EXPENSE, COST OR CLAIMS OF ANY CHARACTER OR ANY
NATURE ARISING OUT OF THE WORK DONE IN FULFILLMENT OF THE TERMS OF THE
CONTRACT DOCUMENTS OR ON ACCOUNT OF ANY ACT, CLAIM OR AMOUNT ARISING
OR RECOVERED UNDER WORKER’S COMPENSATION LAW OR ARISING OUT OF THE
FAILURE OF THE CM@RISK, ITS OFFICERS, EMPLOYEES, AGENTS, OR ITS
SUBCONTRACTORS OR THE SUBCONTRACTORS’ OFFICERS, EMPLOYEES OR
AGENTS, TO CONFORM TO ANY STATUTES, ORDINANCES, REGULATION, LAW OR
COURT DECREE. IT IS AGREED THAT THE CM@RISK WILL BE RESPONSIBLE FOR
PRIMARY LOSS INVESTIGATION, DEFENSE, AND JUDGMENT COSTS WHERE THIS
INDEMNIFICATION PROVISION APPLIES. IN CONSIDERATION OF THE AWARD OF THIS
CONTRACT, THE CM@RISK AGREES TO WAIVE ALL RIGHTS OF SUBROGATION
AGAINST THE CITY, ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES FOR
LOSSES ARISING FROM THE WORK PERFORMED BY THE CM@RISK, ITS OFFICERS,
EMPLOYEES, AGENTS, OR ITS SUBCONTRACTORS OR THE SUBCONTRACTORS’
OFFICERS, EMPLOYEES OR AGENTS, OR ITS SUBCONTRACTORS FOR THE CITY. THIS
INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE
EFFECTIVE EXCEPT TO THE EXTENT THAT THE DAMAGES BEING SOUGHT WERE
CAUSED, IN PART, BY ANY ACT, OMISSION OR GROSS NEGLIGENCE AND WILLFUL
MISCONDUCT OF THE CITY.
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Article 12 – General Provisions
12.1 Contract Documents
12.1.1 Contract Documents are as defined in Article 1. This Agreement, Plans, Standard Specifications
and Details, Special Provisions, Addenda (if any) and used as the basis for the Guaranteed
Maximum Price Proposal; GMP, Performance Bond, Payment Bond, Maintenance Bond, if
applicable, Certificates of Insurance, Construction Documents and Change Orders (if any) are
by this reference made a part of this Agreement to the same extent as if set forth herein in full.
12.1.2 The Contract Documents are intended to permit the parties to complete the Work and all
obligations required by the Contract Documents within the Contract Times for the Contract Price.
The Contract Documents are intended to be complementary and interpreted in harmony so as
to avoid conflict, with words and phrases interpreted in a manner consistent with construction
and design industry standards. Anything shown on the Plans but not mentioned in the
Specifications or vice-versa, or anything not expressly set forth in either, but which is reasonably
implied, shall be furnished as though specifically shown and mentioned in both without any extra
charge.
12.1.3 In the event of any inconsistency, conflict, or ambiguity between or among the Contract
Documents, the Contract Documents shall take precedence in the order in which they are listed
in the definition of Contract Documents in Article 1.
12.1.3.1 On the drawings, given dimensions shall take precedence over scaled measurements, and
large-scale drawings over small-scale drawings. No work shown on the plans, the dimensions
of which are not figured, shall be executed until instructions have been obtained from the Design
Professional as to the dimensions to be used.
12.1.3.2 Plans take precedence over Specifications. Should there be a conflict within the Specifications;
or within the Plans; or between the Plans and Specifications; however, the Design Professional
be made aware of such conflict in writing, and shall decide, after consultation with the City, which
stipulation will provide the best installation and its decision shall be final; provided however, any
conflict not presented in writing shall be the sole discretion of the City
12.1.3.3 The Plans, for purposes of clearness and legibility, are essentially diagrammatic, and although
the sizes and locations of equipment are shown to scale wherever possible, the CM@Risk,
Subcontractors, and Sub-subcontractors are required to familiarize themselves with all the Work
required by the Contract Documents. The CM@Risk, other Contractors, Subcontractors, and
Sub-subcontractors shall properly coordinate its work with that of the City and all other
Contractors. It is not within the scope of the Plans to show all necessary offsets, obstructions or
structural conditions. It shall be the responsibility of the CM@Risk and each Contractor to plan,
coordinate, and install its work in such a manner so as to conform to the structure. Any conflict
within the Plans shall be referred to the Design Professional for disposition prior to the
installation of any affected work.
12.1.3.4 In the event of any inconsistency, conflict, or ambiguity between the Contract Documents and
the Preconstruction Phase Contract, the Contract Documents take precedence over the
Preconstruction Phase Contract.
12.1.4 The headings used in this Agreement, or any other Contract Documents, are for ease of
reference only and shall not in any way be construed to limit or alter the meaning of any
provision.
12.1.5 The Contract Documents form the entire agreement between City and CM@Risk and by
incorporation herein are as fully binding on the parties as if repeated herein. No oral
representations or other agreements have been made by the parties except as specifically
stated in the Contract Documents.
12.2 Amendments. The Contract Documents may not be changed, altered, or amended in any way
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except in writing signed by a duly authorized representative of each party.
12.3 Time is of the Essence. City and CM@Risk mutually agree that time is of the essence with
respect to the dates and times set forth in the Contract Documents.
12.4 Mutual Obligations. City and CM@Risk commit at all times to cooperate fully with each other
and proceed on the basis of trust and good faith, to permit each party to realize the benefits
afforded under the Contract Documents.
12.5 Cooperation and Further Documentation. The CM@Risk agrees to provide the City such
other duly executed documents as shall be reasonably requested by the City to implement the
intent of the Contract Documents.
12.6 Assignment. Neither CM@Risk nor City shall, without the written consent of the other assign,
transfer or sublet any portion of this Agreement or part of the Work or the obligations required
by the Contract Documents.
12.7 Successorship. CM@Risk and City intend that the provisions of the Contract Documents are
binding upon the parties, their employees, agents, heirs, successors and assigns.
12.8 Third Party Beneficiary. Nothing under the Contract Documents shall be construed to give any
rights or benefits in the Contract Documents to anyone other than the City and the CM@Risk,
and all duties and responsibilities undertaken pursuant to the Contract Documents will be for the
sole and exclusive benefit of City and the CM@Risk and not for the benefit of any other party.
12.9 Governing Law. The Agreement and all Contract Documents shall be deemed to be made
under and shall be construed in accordance with and governed by the laws of the State of Texas
without regard to the conflicts or choice of law provisions thereof. Any action to enforce any
provision of this Contract or to obtain any remedy with respect hereto shall be brought and tried
in the district courts of Denton County, Texas, and for this purpose, each party hereby expressly
and irrevocably consents to the sole and exclusive jurisdiction and venue of such Court with the
City consenting only to the extent allowed by statute and otherwise reserving all rights and
defenses.
12.10 Severability. If any provision of the Contract Documents or the application thereof to any person
or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of the
Contract Documents and the application thereof shall not be affected and shall be enforceable
to the fullest extent permitted by law.
12.11 Compliance with Federal Laws. CM@Risk understands and acknowledges the applicability of
the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug
Free Workplace Act of 1989 to it. The CM@Risk agrees to comply with these laws, as well as
any other federal laws that may apply, in performing the Contract Documents and to permit the
City to verify such compliance.
12.12 Legal Requirements. CM@Risk shall perform all Work in accordance with all Legal
Requirements and shall provide all notices applicable to the Work as required by the Legal
Requirements. It is not the CM@Risk’s responsibility to ascertain that the Construction
Documents are in accordance with applicable laws, statutes, ordinances, building codes, rules
and regulations. However, if the CM@Risk recognizes that portions of the Construction
Documents are at variance therewith, the CM@Risk shall promptly notify the Design
Professional and City in writing, describing the apparent variance or deficiency.
12.13 Fair Treatment of Workers. The CM@Risk shall keep fully informed of all Federal and State
laws, County and City ordinances, regulations, codes and all orders and decrees of bodies or
tribunals having any jurisdiction or authority, which in any way affect the conduct of the work.
They shall at all times observe and comply with all such laws, ordinances, regulations, codes,
orders, and decrees; this includes, but is not limited to laws and regulations ensuring fair and
equal treatment for all employees and against unfair employment practices, including OSHA
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and the Fair Labor Standards Act (FLSA). The CM@Risk shall protect and indemnify the City
and its representatives against any claim or liability arising from or based on the violation of
such, whether by himself or his employees.
12.14 Independent Contractor. The CM@Risk is and shall be an independent contractor. Any
provisions in the Contract Documents that may appear to give the City the right to direct the
CM@Risk as to the details of accomplishing the Work or to exercise a measure of control over
the Work means that the CM@Risk shall follow the wishes of the City as to the results of the
Work only. These results shall comply with all applicable laws and ordinances.
12.15 Survival. All warranties, representations, and indemnifications by the CM@Risk shall survive
the completion or termination of this Agreement.
12.16 Covenant Against Contingent Fees. The CM@Risk warrants that no person has been
employed or retained to solicit or secure this Agreement upon an agreement or understanding
fora commission, percentage, brokerage, or contingent fee, and that no member of the City
Council, or any employee of the City of Denton has any interest, financially, or otherwise, in the
firm. For breach or violation of this warrant, the City of Denton shall have the right to annul this
Agreement without liability, or at its discretion to deduct from the Contract Price or consideration,
the full amount of such commission, percentage, brokerage, or contingent fee.
12.17 No Waiver. The failure of either party to enforce any of the provisions of the Contract Documents
or to require performance of the other party of any of the provisions hereof shall not be construed
to be a waiver of such provisions, nor shall it affect the validity of the Contract Documents or
any part thereof, or the right of either party to thereafter enforce each and every provision.
12.18 Notice.
12.18.1 Unless otherwise provided, any notice, request, instruction, or other document to be given under
this Agreement by any party to any other party shall be in writing and shall be delivered in person
or by courier or mailed by certified mail, postage prepaid, return receipt requested or by e-mail;
provided however, that e-mail shall not be a permissible method of delivery for any notice,
request, instruction or other document that requires execution by both parties, and shall be
deemed given upon (a) confirmation of receipt of an e-mail transmission,(b) confirmed delivery
by hand or standard overnight mail, or (c) upon the expiration of three (3) business days after
the day mailed by certified mail, as follows:
to CM@Risk:
Sundt Construction, Inc.
ATTN: Holly Horsak
8445 Freeport Parkway, Suite 240
Irving, TX 76063
hkhorsak@sundt.com
to City:
Materials Management
ATTN: Contract 8225; Purchasing Manager
901B Texas Street
Denton, Texas 76209
purchasing@cityofdenton.com
With a Copies to:
City Attorney
215 E. McKinney Street
Denton, Texas 76201
legal@cityofdenton.com
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Dante Hale
401 N Elm St.
Denton, Texas 76201
dante.hale@cityofdenton.com
or to such other place and with such other copies as either Party may designate as to itself by
written notice to the other Party. Rejection, any refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to be receipt of the
notice as of the date of such rejection, refusal, or inability to deliver.
12.18.2 Notices Related to Payment, Securities-in-lieu, Bonds. Any notice, request, instruction, or
other document to be given under this Agreement by any party to any other party related to
payment, securities-in-lieu, bonds, or other instrument securing the performance of this
Agreement, including
but not limited to, bid bonds, performance bonds, payment bonds or letters of credit, shall be in
writing and shall be delivered in person or by courier or facsimile transmission or mailed by
certified mail, postage prepaid, return receipt requested and shall be deemed given upon (a)
confirmation of receipt of a facsimile transmission, (b) confirmed delivery by hand or standard
overnight mail or (c) upon the expiration of three (3) business days after the day mailed by
certified mail, as follows:
to Contractor:
Sundt Construction, Inc.
ATTN: Holly Horsak
8445 Freeport Parkway, Suite 240
Irving, TX 76063
hkhorsak@sundt.com
to City:
City of Denton
ATTN: Contract 8225; Purchasing Manager
901B Texas Street
Denton, Texas 76209
purchasing@cityofdenton.com
With a Copies to:
City Attorney
215 E. McKinney Street
Denton, Texas 76201
legal@cityofdenton.com
Dante Hale
401 N Elm St.
Denton, Texas 76201
dante.hale@cityofdenton.com
or to such other place and with such other copies as either Party may designate as to itself by
written notice to the other Party. Rejection, any refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to be receipt of the
notice as of the date of such rejection, refusal, or inability to deliver.
12.19 Equal Opportunity/Affirmative Action
12.19.1 The CM@Risk shall comply with the provisions of this Agreement, and the requirements of state,
federal, and local law and regulation, pertaining to discrimination and accepting applications or
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hiring employees. The CM@Risk shall not discriminate against any worker, employee or
applicant, or any member of the public, because of race, color, religion, gender, national origin,
age, or disability nor otherwise commit an unfair employment practice. The CM@Risk will take
affirmative action to ensure that applicants are employed, and employees are dealt with during
employment, without regard to their race, color, religion, gender or national origin, age, or
disability. Such action shall include but not be limited to the following: employment, promotion,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship as well as
all other labor organizations furnishing skilled, unskilled, and union labor, or who may perform
any such labor or
services in connection with this Agreement. The CM@Risk further agrees that this clause will
be incorporated in all subcontracts, job-consultant contracts of this Contract entered into by the
CM@Risk.
12.19.2 The City extends to each individual, firm, vendor, supplier, contractor, and Subcontractor an
equal economic opportunity to compete for City business and strongly encourages voluntary
utilization of Disadvantaged and/or Minority-owned or Woman-owned business to reflect both
the industry and community ethnic composition.
12.19.3 The following two paragraphs apply to the CM@Risk named herein and shall appear in all
contracts between the CM@Risk and any and all Subcontractors who are employed on this
Project. The CM@Risk further agrees that the two paragraphs will be incorporated in all
subcontracts with all labor organizations furnishing skilled, unskilled, and union labor, or who
may perform any such labor or services in connection with this contract.
“Any Party (Subcontractor), in performing under this contract, shall not discriminate against any
worker, employee or applicant, or any member of the public, because of race, color, religion,
gender, national origin, age or disability nor otherwise commit an unfair employment practice.
The Party (Subcontractor) will take affirmative action to ensure that applicants are employed,
and employees are dealt with during employment without regard to their race, color, religion,
gender or national origin, age or disability. Such action shall include, but not be limited to the
following: employment, promotion, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rate of pay or other forms of compensation; and selection for training;
including apprenticeship.”
The CM@Risk further agrees that the above two paragraphs will be incorporated in all
subcontracts with all labor organizations furnishing skilled, unskilled, and union labor, or who
may perform any such labor or services in connection with this contract.
12.20 Confidentiality of Plans & Specifications
12.20.1 Any plans or specifications you receive regarding this Project are for official use only. You may
not share them with others except as required to fulfill the obligations of your Contract with the
City.
12.20.2 All Record Documents, Shop Drawings and other plans or drawings prepared or submitted by
the CM@Risk shall include the following language: “These plans are for official use only and
may not be shared with others except as required to fulfill the obligations of your contract with
the City of Denton”.
12.21 Hazardous Materials
12.21.1 The CM@Risk is responsible for compliance with any requirements included in the Contract
Documents regarding Hazardous Materials or Substances.
12.21.2 If the CM@Risk encounters a Hazardous Material or Substance not addressed in the Contract
Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury
or death to persons resulting from a material or substance, including but not limited to asbestos
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
or polychlorinated biphenyl (PCB), encountered on the site by the CM@Risk, the CM@Risk
shall, upon recognizing the condition, immediately stop Work in the affected area and notify the
City of the condition in writing.
12.21.3 If the suspected Hazardous Material is found to contain asbestos, PCB or other recognized
hazardous substances or materials the CM@Risk shall not resume work in the affected area
until the material has been abated or rendered harmless. The CM@Risk and the City may agree,
in writing, to continue work in non-affected areas onsite.
12.21.4 An extension of Contract Time may be granted in accordance with Article 6.
12.21.5 The CM@Risk will comply with all applicable laws/ordinances and regulations and take all
appropriate health and safety precautions upon discovery.
12.21.6 The CM@Risk shall certify, in a form acceptable to City that no Hazardous Materials have been
incorporated into the Work.
12.21.7 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CM@RISK
SHALL INDEMNIFY AND HOLD HARMLESS CITY, FROM AND AGAINST ALL CLAIMS,
COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND
CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS
AND ALL COURT OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR
RELATING TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY THE
CM@RISK OR BY ANYONE FROM WHOM CM@RISK IS RESPONSIBLE. NOTHING IN THIS
PARAGRAPH SHALL OBLIGATE CM@RISK TO INDEMNIFY ANY INDIVIDUAL OR ENTITY
FROM AND AGAINST THE CONSEQUENCES OF THAT INDIVIDUAL’S OR ENTITY’S OWN
NEGLIGENCE.
12.22 Traffic Control. CM@Risk will comply with all provisions of the then current Manual on Uniform
Traffic Control Devices and any other traffic control provisions as may be provided in the
technical specifications.
12.23 Immigration Nationality Act. CM@Risk shall verify the identity and employment eligibility of
its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, CM@Risk shall provide City with copies
of all I-9 forms and supporting eligibility documentation for each CM@Risk employee who
performs work under this Agreement. CM@Risk shall adhere to all federal and state laws as
well as establish appropriate procedures and controls so that no services will be performed by
any CM@Risk employee who is not legally eligible to perform such services. CM@RISK SHALL
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CM@Risk’s EMPLOYEES. City,
upon written notice to CM@Risk, shall have the right to immediately terminate this Agreement
for violations of this provision by CM@Risk.
12.24 Prohibition on Contracts with Companies Boycotting Israel. CM@Risk acknowledges that
in accordance with Chapter 2271 of the Texas Government Code, City is prohibited from
entering into a contract with a company for goods or services unless the contract contains a
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the Contract. The terms “boycott Israel” and “company” shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By
signing this agreement, CM@Risk certifies that CM@Risk’s signature provides written
verification to the City that CM@Risk: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the agreement. Failure to meet or maintain the requirements under this
provision will be considered a material breach.
12.25 Prohibition on Contracts with Companies Boycotting Certain Energy Companies.
CM@Risk acknowledges that in accordance with Chapter 2274 of the Texas Government Code,
City is prohibited from entering into a contract with a company for goods or services unless the
contract contains written verification from the company that it: (1) does not boycott energy
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
companies; and (2) will not boycott energy companies during the term of the contract. The terms
“boycott energy company” and “company” shall have the meanings ascribed to those terms in
Section 809.001 of the Texas Government Code. By signing this agreement, CM@Risk certifies
that CM@Risk’s signature provides written verification to the City that CM@Risk: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of the
agreement. Failure to meet or maintain the requirements under this provision will be considered
a material breach.
12.26 Prohibition on Contracts with Companies Boycotting Certain Firearm Entities and
Firearm Trade Associations. CM@Risk acknowledges that in accordance with Chapter 2274
of the Texas Government Code, City is prohibited from entering into a contract with a company
for goods or services unless the contract contains written verification from the company that it:
(1) does not have a practice, policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms “discriminate against a firearm
entity or firearm trade association,” “firearm entity” and “firearm trade association” shall have the
meanings ascribed to those terms in Chapter 2274 of the Texas Government Code. By signing
this agreement, CM@Risk certifies that CM@Risk’s signature provides written verification to the
City that CM@Risk: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term
of the contract against a firearm entity or firearm trade association. Failure to meet or maintain
the requirements under this provision will be considered a material breach.
12.27 Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or a Foreign
Terrorist Organization. Sections 2252 and 2270 of the Texas Government Code restricts CITY
from contracting with companies that do business with Iran, Sudan, or a foreign terrorist
organization. By signing this agreement, CM@Risk certifies that CM@Risk’s signature provides
written verification to the City that CM@Risk, pursuant to Chapters 2252 and 2270, is not
ineligible to enter into this agreement and will not become ineligible to receive payments under
this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to
meet or maintain the requirements under this provision will be considered a material breach.
12.28 Termination Right for Contracts with Companies Doing Business with Certain Foreign-
Owned Companies. The City of Denton may terminate this Contract immediately without any
further liability if the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Contractor is, or will be in the future: (i) owned by or the
majority of stock or other ownership interest of the company is held or controlled by individuals
who are citizens of China, Iran, North Korea, Russia, or other designated country; (ii) directly
controlled by the Government of China, Iran, North Korea, Russia, or other designated country;
or (iii) is headquartered in China, Iran, North Korea, Russia, or other designated country.
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
CITY OF DENTON, TEXAS CM@RISK
BY: BY:
_____________________ _______________________
_____________________ _______________________
Printed Name Printed Name
_____________________ ________________________
Title Title
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and
business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
ATTEST:
LAUREN THODEN, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Senior Vice President
Joe Dooley
Director of Capital Projects
Capital Projects
Trevor Crain
City Manager
Sara Hensley
CITY OF DENTONNEIGHBORHOOD 1BIMPROVEMENTSNORTH
4PROJECT LOCATIONKEY MAPNeighborhood 1B - Guaranteed Maximum Price
Exhibit A
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
City of Denton, Neighborhood 1B
Exhibit B – Approved GMP
January 23rd, 2025
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
January 23rd, 2025
City of Denton
Attn: Mr. Scott Fettig
215 E. McKinney Street
Denton, Texas 76201
RE: Contract No. 8225, CMAR for Neighborhood 1B
Approved 90% Guaranteed Maximum Price
Dear Mr. Fettig,
Sundt Construction is pleased to submit the enclosed Guaranteed Maximum Price (GMP) Proposal for the City of
Denton Neighborhood 1B Project. This GMP has been developed based upon our review and understanding of the
90% Design Documents submitted by Kimley-Horn to the City of Denton and Sundt Construction on October 17,
2024, with revisions provided on November 13, 2024.
We are available to meet with you to address any concerns or clarifications. Should you have questions, please
don’t hesitate to contact Jeff Grigsby at 817-851-9074.
Respectfully,
Joe Dooley
Senior Vice President
Sundt Construction, Inc.
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Construction Management Plan
City of Denton – Neighborhood 1B Exhibit B – Approved GMP
TABLE OF CONTENTS
1.Scope of Work
2.Summary of GMP
3.Schedule of Values
4.List of Documents Used for GMP Proposal
5.List of Clarifications and Assumptions
6.Project Schedule
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Construction Management Plan
City of Denton – Neighborhood 1B Exhibit B – Approved GMP
Tab 1
Scope of Work
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Construction Management Plan
City of Denton – Neighborhood 1B Exhibit B – Approved GMP
GMP – Scope of Work
GMP consists of the work required to complete Neighborhood 1B as detailed in the 90% Design
Submittal provided by Kimley-Horn in October 2024.
The scope of work includes full depth street reconstruction with stabilized subgrade, asphalt pavement,
concrete curb & gutter, driveways, sidewalks, and ADA ramps at locations shown in the plans for the
following streets.
▪Apollo Drive from Redstone Road to Selene Drive
▪Buckingham Drive from Sherman Drive to Hercules Lane
▪Cactus Circle from Yucca Drive to end of Cactus Circle
▪Camelot Street from Hercules Lane to Stuart Road
▪Del Drive from Elm Street to Donna Road
▪Donna Road from Elm Street to North of Del Drive
▪Huisache street from Aspen Drive to Yucca Drive
▪Huntington Drive from Sun Valley Drive to Hercules Lane
▪Juno Lane from Atlas Drive from Stuart Road
▪Jupiter Drive from Redstone Road to Selene Drive
▪Neptune Drive from Redstone Road to Selene Drive
▪Northridge Street from Hinkle Drive to Bolivar Street
▪Pershing Drive from Atlas Drive to Stuart Road
▪Redstone Road from Hercules Lane to North of Neptune Drive
▪Riney Road from Nicosia Street to Del Drive
▪Royal Acres Drive from Sherman Drive to Hercules Lane
▪Selene Drive from North of Neptune to Stuart Road
▪Sheraton Road from Imperial Drive to Sun Valley Drive
▪Sunnydale Lane from Kings Row to Sun Valley Drive
▪Titan Trail from Hercules Lane to Redstone Road
▪Wellington Drive from Sherman Drive to Hercules Lane
▪Yellowstone Place from Hercules Lane to Juno Lane
The scope of work includes Sanitary Sewer line replacement for the following streets.
▪Apollo Drive from Selene Drive to Redstone Road
▪Buckingham Drive from East Sherman Drive to Hercules Lane
▪Cactus Circle from Yucca Drive to end of Cactus Circle
▪Del Drive from Donna Road to North Elm Street
▪Donna Road from North Elm Street to North of Del Drive
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Construction Management Plan
City of Denton – Neighborhood 1B Exhibit B – Approved GMP
▪Huisache Street from Aspen Drive to Yucca Drive
▪Huntington Drive from Sun Valley Drive to Hercules Lane
▪Juno Lane from Stuart Road to West of Waters Drive
▪Jupiter Drive from Selene Drive to Redstone Road
▪Neptune Drive from Selene Drive to Redstone Road
▪Northridge Street from Bolivar Street to Hinkle Drive
▪North Carroll Boulevard North of Northridge Street
▪Pershing Drive form Stuart Road to Atlas Drive
▪Redstone Road from Hercules Lane to North of Neptune Drive
▪North Elm Street from Del Drive to Nicosia Street
▪Riney Road from Del Drive to Nicosia Street
▪Royal Acres Drive from East Sherman Drive to Hercules Lane
▪Selene Drive from Stuart Road to Neptune Drive
▪Sheraton Road from Imperial Drive to Sun Valley Drive
▪Sunnydale Lane from Kings Row to Sun Valley Drive
▪Titan Trail from Hercules Lane to Redstone Road
▪Wellington Drive from East Sherman Drive to Hercules Lane
The scope of work includes Water Line replacement for the following streets.
▪Apollo Drive from Redstone Road to Selene Drive
▪Del Drive from Riney Road to Donna Road
▪Donna Road from N Elm Street to North of Del Drive
▪Jupiter Drive from Redstone Road to Selene Drive
▪Neptune Drive from Redstone Road to Selene Drive
▪Pershing Drive from Atlas Drive to Stuart Road
▪Redstone Road from Hercules Lane to North of Neptune Drive
▪Royal Acres Drive from East Sherman Drive to Hercules Lane
▪Titan Trail from Hercules Lane to Redstone Road
The scope of work also includes incidental items such as project management, erosion control, topsoil,
sodding, traffic control, pavement markings, signage, landscape restoration, irrigation restoration, and
maintaining access for residents along the project.
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Construction Management Plan
City of Denton – Neighborhood 1B Exhibit B – Approved GMP
Tab 2
Summary of GMP
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
City of Denton - Neighborhood 1B Exhibit B - Approved GMP Sundt Construction, Inc.
NBHD 1B - Approved 90% GMP - Summary
Project #:8225 Date:January 23, 2025
Project Name:CMAR for Neighborhood 1B
GMP Summary AMOUNT
A.Cost of the Work (Labor, Materials, Equipment, Warranty)$23,365,439.52
B.CM@Risk's Contingency $650,000.00
C.Allowances $1,128,514.50
INDIRECT COSTS RATE
D.Construction Fee 6.25%$1,821,916.00
E.General Conditions $4,006,700.00
E2 Payment and Performance Bond $125,500.00
E2 Insurance $253,200.00
E3 Two Year Maintenance Bond $31,000.00
F. TOTAL GMP $30,972,570.02
G. Owner's Contingency $900,000.00
H. Contract Amount $31,872,570.02
Substantial Completion 543 Calendar Days
Final Completion 573 Calendar Days
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Construction Management Plan
City of Denton – Neighborhood 1B Exhibit B – Approved GMP
Tab 3
Schedule of Values
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
City of Denton - Neighborhood 1B Exhibit B - Approved GMP Sundt Construction, Inc.
Approved 90% GMP - Schedule of Values
CMAR for NBHD 1B
January 23, 2025
Work Category Subcontractor Quantity Unit Unit Cost Total Cost
WC 1 - Removals, Earthwork, and Subgrade Sundt Construction, Inc.1 LS $4,778,243.50 $4,778,243.50
WC 2 - Underground Sundt Construction, Inc.1 LS $10,023,942.60 $10,023,942.60
WC 3 - Concrete Flatwork Sundt Construction, Inc.1 LS $3,220,772.00 $3,220,772.00
WC 4 - Traffic Control Sundt Construction, Inc.1 LS $436,955.84 $436,955.84
WC 5 - Asphalt Paving Jagoe-Public Company 1 LS $3,608,917.50 $3,608,917.50
WC 6 - Pavement Markings & Signage Altus Traffic Management dba AWP Safety 1 LS $48,701.15 $48,701.15
WC 7 - Sodding & Seeding C. Green Scaping, LP 1 LS $148,263.43 $148,263.43
General Work Items 1 LS $1,099,643.50 $1,099,643.50
Total Cost of Work $23,365,439.52
Allowances
1. Remove & Replace 4" Sidewalk to Joint 767.00 SF $18.00 $13,806.00
2. Remove & Replace 6" Conc Driveway to Joint 765.00 SF $24.00 $18,360.00
3. Remove & Replace 8" Conc Driveway to Joint 41.00 SF $26.50 $1,086.50
4. Vegetative Watering Application Overrun 203.00 MG $72.00 $14,616.00
5. Remove and Replace Leadwalk - Protect in Place 582.00 SF $22.00 $12,804.00
6. Remove & Reset Mailbox Including Temporary 403.00 EA $400.00 $161,200.00
7. Protect In Place Mailbox 86.00 EA $200.00 $17,200.00
8. Repair/Replace Masonry Mailbox 10.00 EA $2,000.00 $20,000.00
9. Irrigation System Restoration 1.00 LS $13,700.00 $13,700.00
10. Landscape Restoration 1.00 LS $78,500.00 $78,500.00
11. Location of Existing Utilities for WC1 974.00 EA $300.00 $292,200.00
12. Asphalt Level-Up 1.00 LS $76,000.00 $76,000.00
13. Remove & Replace Concrete Driveway Gutter 317.00 SF $26.00 $8,242.00
14. Rock Allowance for WC2 2,400.00 CY $167.00 $400,800.00
Total Allowances $1,128,514.50
CMAR's Contingency 1 LS $650,000.00 $650,000.00
Construction Fee 1 LS $1,821,916.00 $1,821,916.00
General Conditions 1 LS $4,006,700.00 $4,006,700.00
Total GMP $30,972,570.02
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
City of Denton -Neighborhood 1B Exhibit B - Approved GMP Sundt Construction, Inc.
Approved 90% GMP - Quantity Variance
CMAR for NBHD 1B
January 23, 2025
BID ITEM DESCRIPTION UNIT Sundt 60%Sundt 90%DELTA COMMENTS
WC1 REMOVALS, EARTHWORK, AND SUBGRADE
0170.001 MOBILIZATION - WC1 LS 1.00 1.00 0.00
3305.147 LOCATION OF EXISTING UTILITIES FOR WC1 LS 1.00 1.00 0.00 Allowance #11, 974 each
REMOVAL ITEMS
0241.001 REMOVE CONC STAIRS SF 18.00 19.00 1.00
0241.006 REMOVE CONC RIP RAP SY 7.00 7.00 0.00
0241.101 REMOVE CONCRETE PAVEMENT SY 1,140.00 1,140.00 0.00
0241.102 REMOVE CONCRETE CURB AND GUTTER LF 32,202.00 32,202.00 0.00
0241.103 REMOVE CONCRETE GUTTER LF 50.00 50.00 0.00
0241.104 REMOVE SIDEWALK SF 20,634.00 20,134.00 -500.00
0241.106 REMOVE ASPHALT PAVEMENT SY 78,364.00 78,459.00 95.00
0241.107 REMOVE DRIVEWAY (CONCRETE)SF 35,613.00 35,609.00 -4.00
0241.107 REMOVE DRIVEWAY (ASPHALT)SF 714.00 715.00 1.00
0241.107 REMOVE DRIVEWAY (GRAVEL)SF 1,472.00 1,473.00 1.00
0241.115 2" SURFACE MILLING SY 129.00 129.00 0.00
3100.001 SITE PREPARATION LS 1.00 1.00 0.00
9999.003 REMOVE CONC FLUME SF 162.00 162.00 0.00
9999.004 REMOVE SIDEWALK W/CURB SF 870.00 870.00 0.00
9999.005 REMOVE WOOD TIE WALL LF 65.00 65.00 0.00
9999.006 REMOVE AND RELAY BRICK PAVERS SF 30.00 26.00 -4.00
9999.007 REMOVE TREE EA 0.00 2.00 2.00 New bid item
9999.008 REMOVE CONC DRIVEWAY GUTTER SY 579.22 610.00 30.78
9999.014 RELOCATE MAILBOX EA 3.00 4.00 1.00
EARTHWORK ITEMS
3123.001 UNCLASSIFIED EXCAVATION CY 7,045.00 7,465.00 420.00
3293.015 TOPSOIL CY 2,683.00 2,529.00 -154.00
3293.020 VEGETATIVE WATERING FOR SODDING MG 762.00 963.00 201.00
SUBGRADE ITEMS
3211.031 COMMERCIAL LIME SLURRY TN 1,680.00 1,675.00 -5.00
3211.033 6" LIME TREATMENT SY 90,559.00 90,354.00 -205.00
3216.020 6" ASPHALT DRIVEWAY APPROACH (COMPACTED SUBGRADE ONLY)SY 155.00 158.00 3.00
3301.058 MANHOLE ADJUSTMENT, MINOR EA 16.00 6.00 -10.00
3301.062 VALVE BOX ADJUSTMENT EA 10.00 79.00 69.00
9999.012 6" GRAVEL DRIVEWAY APPROACH SY 49.00 53.00 4.00
WASTEWATER UTILITY REPAIR IN TxDOT ROW
9999.020 REMOVE 8" CRCP WITH CURB
(8" CONCRETE PAVING REPAIR IN TXDOT ROW FOR UTILITY TRENCH )SY 0.00 999.00 999.00 New bid item
9999.020 REMOVE EXISTING 6" HMAC BOND BREAKER
(8" CONCRETE PAVING REPAIR IN TXDOT ROW FOR UTILITY TRENCH )SY 0.00 999.00 999.00 New bid item
9999.020 SCARIFY, SHAPE, AND COMPACT SUBGRADE
(8" CONCRETE PAVING REPAIR IN TXDOT ROW FOR UTILITY TRENCH )SY 0.00 999.00 999.00 New bid item
WC2 UNDERGROUND
WATER/WASTEWATER/STORM SHARED ITEMS
0170.001 MOBILIZATION - WC2 LS 1.00 1.00 0.00
0241.053 UTILITY LINE PLUGGING LS 1.00 1.00 0.00
3305.147 LOCATION OF EXISTING UTILITIES LS 1.00 1.00 0.00
ALLOW.014 ROCK ALLOWANCE FOR WC2 CY 0.00 2,400.00 2,400.00 New Allowance Added at GMP, Allowance #14
WATER ITEMS
0241.082 ABANDON 6" WATER VALVE EA 23.00 25.00 2.00
0241.094 REMOVE FIRE HYDRANT EA 10.00 10.00 0.00
3201.007 FLEXIBLE PAVING REPAIR FOR UTILITY TRENCH SY 0.00 34.00 34.00 New bid item
3201.013 CONCRETE PAVING REPAIR FOR UTILITY TRENCH SY 40.00 48.00 8.00
9999.017 SUBGRADE REPAIR SY 0.00 11.00 11.00 New bid item
9999.018 5" CONCRETE SIDEWALK REPAIR FOR UTILITY TRENCH SY 0.00 5.00 5.00 New bid item
3305.008 IMPORTED EMBEDMENT / BACKFILL, CSS CY 9.60 12.00 2.40
3305.021 TRENCH SAFETY LF 9,641.00 9,743.00 102.00
3314.142 8" PVC WATER PRESSURE PIPE LF 9,641.00 9,743.00 102.00
3314.310 1" WATER SERVICE EA 226.00 226.00 0.00
3314.328 8" GATE VALVE EA 19.00 17.00 -2.00
9999.019 6" X 6" TAPPING SLEVE AND VALVE (CITY PERFORMED)EA 4.00 4.00 0.00
3314.345 8" X 8" TAPPING SLEVE AND VALVE (CITY PERFORMED)EA 1.00 1.00 0.00
3314.347 12" X 8" TAPPING SLEVE AND VALVE (CITY PERFORMED)EA 1.00 2.00 1.00
3314.350 16" X 8" TAPPING SLEVE AND VALVE (CITY PERFORMED)EA 1.00 1.00 0.00
3314.391 6" WATER MAIN CONNECTION WITH SHUTDOWN EA 4.00 3.00 -1.00
3314.392 8" WATER MAIN CONNECTION WITH SHUTDOWN EA 1.00 2.00 1.00
3314.407 FIRE HYDRANT ASSEMBLY EA 13.00 23.00 10.00
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
City of Denton -Neighborhood 1B Exhibit B - Approved GMP Sundt Construction, Inc.
WASTEWATER ITEMS
0241.047 ABANDON 4' UTILITY MANHOLE EA 13.00 14.00 1.00
3201.007 FLEXIBLE PAVING REPAIR FOR UTILITY TRENCH SY 238.00 305.00 67.00
3201.013 CONCRETE PAVING REPAIR FOR UTILITY TRENCH SY 857.00 38.00 -819.00
9999.021 SUBGRADE REPAIR SY 27.00 27.00 0.00
3301.002 POST-CCTV INSPECTION LF 22,235.00 21,736.00 -499.00
3301.002 TWO YEAR WARRANTY CCTV INSPECTION LF 22,235.00 21,736.00 -499.00
3301.055 5' MANHOLE LINER VF 32.00 54.00 22.00
3301.058 MANHOLE ADJUSTMENT, MAJOR WITH FRAME AND COVER EA 0.00 4.00 4.00 New bid item
3305.008 IMPORTED EMBEDMENT / BACKFILL, CSS CY 2.40 20.40 18.00
3305.009 IMPORTED EMBEDMENT/BACKFILL, CLSM CY 0.00 14.40 14.40 New bid item
3305.019 CONCRETE ENCASEMENT FOR UTILITY LINES CY 0.00 26.40 26.40 New bid item
3305.021 TRENCH SAFETY LF 21,926.00 21,736.00 -190.00
9999.022 12" CASING BY OPEN CUT LF 0.00 10.00 10.00 New bid item
3305.022 18" CASING BY OPEN CUT LF 20.00 50.00 30.00
3305.046 8" PVC SANITARY SEWER CARRIER PIPE LF 0.00 10.00 10.00 New bid item
3305.047 10" PVC SANITARY SEWER CARRIER PIPE LF 20.00 50.00 30.00
3305.126 4' CONCRETE MANHOLE EA 98.00 105.00 7.00
3305.128 5' CONCRETE MANHOLE EA 5.00 2.00 -3.00
3305.129 5' DROP CONCRETE MANHOLE EA 1.00 1.00 0.00
3305.132 4' EXTRA DEPTH CONCRETE MANHOLE VF 46.00 59.00 13.00
3305.133 5' EXTRA DEPTH CONCRETE MANHOLE VF 67.00 30.00 -37.00
3331.045 8" PVC GRAVITY SEWER PIPE LF 19,569.00 18,495.00 -1,074.00
3331.048 8" PVC GRAVITY SEWER PIPE, CLSM BACKFILL LF 60.00 340.00 280.00
3331.049 10" PVC GRAVITY SEWER PIPE LF 1,901.00 1,765.00 -136.00
3331.052 10" PVC GRAVITY SEWER PIPE, CLSM BACKFILL LF 0.00 40.00 40.00
3331.073 8" PVC GRAVITY SEWER PRESSURE PIPE LF 327.00 976.00 649.00
3331.076 8" PVC GRAVITY SEWER PRESSURE PIPE, CLSM BACKFILL LF 0.00 20.00 20.00 New bid item
3331.077 10" PVC GRAVITY SEWER PRESSURE PIPE LF 0.00 40.00 40.00 New bid item
3331.085 4" SEWER SERVICE EA 458.00 458.00 0.00
3332.001 BYPASS PUMPING LS 1.00 1.00 0.00
3342.369 STORMWATER JUNCTION BOX, 4'X4'EA 0.00 1.00 1.00 New bid item
WC3 CONCRETE FLATWORK
0170.001 MOBILIZATION - WC3 LS 1.00 1.00 0.00
3137.002 6" CONCRETE RIPRAP SY 15.00 16.00 1.00
3213.001 6" CONCRETE PAVEMENT SY 1,330.00 1,332.00 2.00
3216.002 6" CONCRETE CURB AND GUTTER LF 31,486.00 31,491.00 5.00
3216.005 4" CONCRETE SIDEWALK SY 2,547.00 2,488.00 -59.00
3216.008 4" CONCRETE SIDEWALK WITH CURB SY 351.00 351.00 0.00
3216.011 CURB RAMP, TY IA EA 6.00 6.00 0.00
3216.012 CURB RAMP, TY IB EA 1.00 1.00 0.00
3216.013 CURB RAMP, TY II EA 1.00 1.00 0.00
3216.016 6" CONCRETE DRIVEWAY APPROACH SY 4,247.00 4,252.00 5.00
3216.018 8" CONCRETE DRIVEWAY APPROACH SY 91.00 91.00 0.00
9999.001 REMOVE STORMWATER INLET THROAT EA 11.00 11.00 0.00
9999.002 REMOVE STORMWATER INLET NOSE EA 1.00 1.00 0.00
9999.009 LAYDOWN CURB LF 118.00 167.00 49.00
9999.010 CONC FLUME SY 12.00 13.00 1.00
9999.011 CONC INLET THROAT EA 11.00 11.00 0.00
9999.013 STORMWATER INLET NOSE EA 1.00 1.00 0.00
9999.015 CONC DRIVEWAY GUTTER SY 681.00 705.00 24.00
9999.016 10" CONCRETE CURB AND GUTTER LF 50.00 50.00 0.00
9999.020 8" CONCRETE PAVING WITH CURB REPAIR IN TXDOT ROW FOR UTILITY TRENCH
(CONCRETE PAVING AND CURB ONLY)SY 0.00 999.00 999.00 New bid item
WC4 TRAFFIC CONTROL
158.001 TEMPORARY PROJECT SIGN EA 7.00 7.00 0.00
3471.001 TRAFFIC CONTROL LS 1.00 1.00 0.00
WC5 ASPHALT PAVING
0170.001 MOBILIZATION - WC5 LS 1.00 1.00 0.00
3212.001 ASPHALT PAVEMENT (SY) TY D, SAC-B, PG64-22, 2" SY 76,127.00 76,219.00 92.00
3212.043 ASPHALT PAVEMENT (SY) TY B, PG64-22, 4" (BASE)SY 75,998.00 76,090.00 92.00
3216.020 6" ASPHALT DRIVEWAY APPROACH (HMAC ONLY)SY 155.00 158.00 3.00
3212.043 ASPHALT PAVEMENT (SY) TY B, PG64-22, 4" (BASE)
(8" CONCRETE PAVING REPAIR IN TXDOT ROW FOR UTILITY TRENCH)SY 0.00 999.00 999.00 New bid item
Approved 90% GMP - Quantity Variance
CMAR for NBHD 1B
January 23, 2025
BID ITEM DESCRIPTION UNIT Sundt 60%Sundt 90%DELTA COMMENTS
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
City of Denton -Neighborhood 1B Exhibit B - Approved GMP Sundt Construction, Inc.
WC6 PAVEMENT MARKINGS AND SIGNS
PAVEMENT MARKING ITEMS
0170.001 MOBILIZATION - WC6 LS 1.00 1.00 0.00
3217.009 6" SLD PVMT MARKING HAS (W)LF 0.00 570.00 570.00 New bid item
3217.011 6" BRK PVMT MARKING HAS (W)LF 0.00 150.00 150.00 New bid item
3217.025 24" SLD PVMT MARKING HAE (W)LF 1,549.00 1,677.00 128.00
3217.038 RAISED PAVEMENT MARKER TY (I-C)EA 5.00 8.00 3.00
3441.180 FURNISH AND INSTALL GROUND MOUNTED SIGN AND POST ASSEMBLY EA 4.00 4.00 0.00
3441.183 FURNISH AND INSTALL SIGN EX. POLE MOUNT EA 8.00 8.00 0.00
3441.186 REMOVE SIGN PANEL AND POST EA 1.00 1.00 0.00
3441.188 REMOVE AND REINSTALL SIGN PANEL AND POST EA 7.00 7.00 0.00
WC7 SODDING AND SEEDING
0170.001 MOBILIZATION - WC7 LS 1.00 1.00 0.00
3293.016 SEEDING (FOR WASTEWATER UTILITIES)SY 233.00 233.00 0.00
3293.017 SODDING SY 22,138.00 13,947.00 -8,191.00
3293.017 SODDING (FOR WASTEWATER UTILITIES)SY 306.00 536.00 230.00
3293.XXX TEMPORARY SEEDING SY 6,896.00 7,547.00 651.00
GENERAL WORK ITEMS
170.001 MOBILIZATION LS 1.00 1.00 0.00
171.001 SURVEY AND LAYOUT LS 1.00 1.00 0.00
9999.XXX MAINTENANCE OF DRIVEWAY ACCESS MO 15.00 15.00 0.00
3125.001 SILT FENCE (INSTALL)LF 1,534.00 1,534.00 0.00
3125.001 SILT FENCE (REMOVE)LF 1,534.00 1,534.00 0.00
3125.004 INLET PROTECTION (INSTALL)EA 54.00 54.00 0.00
3125.004 INLET PROTECTION (REMOVE)EA 54.00 54.00 0.00
3125.XXX EROSION CONTROL MAINTENANCE MO 19.00 19.00 0.00
3125.XXX STREET SWEEPING MO 19.00 19.00 0.00
ALLOWANCES
ALLOW.001 REMOVE & REPLACE 4" SIDEWALK TO JOINT SF 1,304.00 767.00 -537.00
ALLOW.002 REMOVE & REPLACE 6" CONC DRIVEWAY TO JOINT SF 1,911.00 765.00 -1,146.00
ALLOW.003 REMOVE & REPLACE 8" CONC DRIVEWAY TO JOINT SF 41.00 41.00 0.00
ALLOW.004 VEGETATIVE WATERING APPLICATION OVERRUN MG 314.00 203.00 -111.00
ALLOW.005 REMOVE & REPLACE LEADWALK TO BE PROTECTED IN PLACE SF 398.00 582.00 184.00
ALLOW.006 REMOVE & RESET MAILBOX INCLUDING TEMPORARY EA 403.00 403.00 0.00
ALLOW.007 PROTECT IN PLACE MASONRY MAILBOX EA 86.00 86.00 0.00
ALLOW.008 REPAIR / REPLACE MASONRY MAILBOX EA 10.00 10.00 0.00
ALLOW.009 IRRIGATION SYSTEM RESTORATION LS 1.00 1.00 0.00
ALLOW.010 LANDSCAPE RESTORATION LS 1.00 1.00 0.00
ALLOW.011 LOCATION OF EXISTING UTILITIES FOR WC1 EA 2,104.00 974.00 -1,130.00
ALLOW.012 ASPHALT LEVEL-UP LS 1.00 1.00 0.00
ALLOW.013 REMOVE & REPLACE CONC GUTTER DRIVEWAY SF 306.00 317.00 11.00
ALLOW.014 ROCK ALLOWANCE FOR WC2 CY 0.00 2,400.00 2,400.00 New Allowance
Approved 90% GMP - Quantity Variance
CMAR for NBHD 1B
January 23, 2025
BID ITEM DESCRIPTION UNIT Sundt 60%Sundt 90%DELTA COMMENTS
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Construction Management Plan
City of Denton – Neighborhood 1B Exhibit B – Approved GMP
Tab 4
List of Documents
Used for GMP Proposal
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
City of Denton - Neighborhood 1B Approved GMP - List of Documents Sundt Construction, Inc.
Approved 90% GMP NBHD 1B - List of GMP Documents
CMAR for Neighborhood 1B Improvements
January 23, 2025
Document Name / Sheet Number Author Plot/Rev/Wet
Stamp Date
Specifications
Addendum 2 - 90% Interim Design Submittal for NBHD 1B
City of Denton Standard Construction Specification Documents Kimley-Horn 11.13.2024
90% Interim Design Submittal for NBHD 1B
City of Denton Standard Construction Specification Documents Kimley-Horn 10.17.2024
Drawings
Addendum 2 - 90% Interim Design Submittal for City of Denton Plans for the
Construction of Neighborhood 1B Improvements Kimley-Horn 11.13.2024
90% Interim Design Submittal for City of Denton Plans for the Construction of
Neighborhood 1B Improvements Kimley-Horn 10.10.2024
Supplemental Documents
Neighborhood 1B Questions & Answers Kimley-Horn, Sundt Construction, Inc.11.13.2024
Final Geotechnical Engineering Report NBHD 1B Improvements Corsair 10.11.2024
Summary of Test Hole Information & Coordinates The Rios Group 11.04.2024
CMAR NH1B SUE - 11042024.DWG The Rios Group 11.04.2024
Included by Reference
8225 1B CMAR Construction Phase Contract (Draft)City of Denton 12.05.2024
Exhibit D - Prevailing Wage Rates - Highway City of Denton 01.05.2024
Exhibit D - Prevailing Wage Rates - Heavy Utilities City of Denton 07.05.2024
City of Denton, Neighborhood 1B
90% Construction Documents - GMP Construction Management Plan Sundt Construction, Inc.12.20.2024
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Construction Management Plan
City of Denton – Neighborhood 1B Exhibit B – Approved GMP
Tab 5
List of Clarifications and Assumptions
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
City of Denton - Neighborhood 1B Exhibit B - Approved GMP Sundt Construction, Inc.
Approved 90% GMP - Clarifications and Assumptions
CMAR for NBHD 1B
January 23, 2025
BID ITEM DESCRIPTION CLARIFICATIONS AND ASSUMPTIONS
GENERAL CLARIFICATION AND ASSUMPTION Removal of abandoned third party utility lines that may be in conflict with the work are excluded.
GENERAL CLARIFICATION AND ASSUMPTION Surplus costs from quantity underruns maybe used to offset cost of quantity overruns.
GENERAL CLARIFICATION AND ASSUMPTION Costs and schedule delays due to third party utility relocations are excluded.
GENERAL CLARIFICATION AND ASSUMPTION Removal of hazardous materials is excluded.
GENERAL CLARIFICATION AND ASSUMPTION Removal and replacement quantities are based on the limits shown in the drawings. GMP excludes any additional quantities
to remove and replace to the nearest joint. Allowances have been provided for several items.
GENERAL CLARIFICATION AND ASSUMPTION GMP is based upon work hours to be 50 hours per week, single shift.
GENERAL CLARIFICATION AND ASSUMPTION Removal and replacement of concrete flatwork beyond the limits shown in the 90% Interim Design Documents in order to
satisfy ADA requirements is excluded.
GENERAL CLARIFICATION AND ASSUMPTION Acquisition of ROW and/or temporary construction easements is excluded (Sidewalk/Ramp at Redstone and Titan
Intersection).
GENERAL CLARIFICATION AND ASSUMPTION Any design scope growth between the 90% GMP Design Documents and the 100% RFC Design Documents is excluded.
GENERAL CLARIFICATION AND ASSUMPTION All proposed illumination is shown to be overhead powered. All work shown for proposed illimination Sheets 374 - 419 is
excluded.
GENERAL CLARIFICATION AND ASSUMPTION Removal and replacement of driveways in halves is excluded.
GENERAL CLARIFICATION AND ASSUMPTION GMP is based upon the acceptance of Sundt's modification to Section 10.2.1 of the Construction Phase Agreement.
3100.001 SITE PREPARATION
Lump Sum cost includes: Landscape and stump removals, landscape remove and salvage as called out in drawings, trimming
of tree roots, adjustment of meter box and sewer cleanouts, dump fees for misc. waste generated on each street, and
trimming of trees.
0241.053 UTILITY LINE PLUGGING Lump Sum cost includes: Plugging of Utility Lines per Specification 02 41 14 as required by the 90% GMP Design Documents.
3305.147 LOCATION OF EXISTING UTILITIES Lump Sum cost includes: Location of Existing Known Utilities per Specification 33 05 98 as required by the 90% GMP Design
Documents and in accordance with CMAR's Safety Management Plan.
3332.001 BYPASS PUMPING Lump Sum cost includes: Bypass Pumping of Existing Sewer Systems per Specification 33 32 11 as required by the 90% GMP
Design Documents and the Underground Contractor's sequence of work.
0158.001 TEMPORARY PROJECT SIGN (1) each for the laydown yard and (6) each for the neighborhoods
3471.001 TRAFFIC CONTROL
Lump Sum cost includes: Initial set up of traffic control devices. Rental of the devices for each work location for the duration
as dictated by the project schedule. One monthly service call by the traffic control device provider. Purchase of traffic control
devices needed for flagging and lane closures. Daily maintenance, flagging, and single lane closures as needed.
3293.017 SODDING Areas to receive sod shall be a minimum of 16 inches wide.
3293.017 SODDING (FOR WASTEWATER UTILITIES)Areas to receive sod shall be a minimum of 16 inches wide.
3293.XXX TEMPORARY SEEDING Temporary seeding quantity is generated based on areas of work where topsoil is showing completion between Sept - March
ALLOW.001 REMOVE & REPLACE 4" SIDEWALK TO JOINT Allowance includes additional sidewalk removal and replacement to nearest existing joint.
Allowance quantity is based upon 3% of the GMP quantity.
ALLOW.002 REMOVE & REPLACE 6" CONC DRIVEWAY TO JOINT Allowance includes additional driveway removal and replacement to nearest existing joint.
Allowance quantity is based upon 2% of the GMP quantity.
ALLOW.003 REMOVE & REPLACE 8" CONC DRIVEWAY TO JOINT Allowance includes additional driveway removal and replacement to nearest existing joint.
Allowance quantity is based upon 5% of the GMP quantity.
ALLOW.004 VEGETATIVE WATERING APPLICATION OVERRUN Allowance includes additional vegetative watering for unseasonably dry weather.
Allowance quantity is based upon (5) additional applications of 1/2" equivalent rainfall over the GMP sod area.
ALLOW.005 REMOVE & REPLACE LEADWALK TO BE PROTECTED IN PLACE Allowances includes removal and replacement of leadwalks shown to be protected in place behind curb & gutter shown to be
removed. Allowance quantity is based upon 75% of the quantity shown to be protected in place.
ALLOW.006 REMOVE & RESET MAILBOX INCLUDING TEMPORARY Allowance includes removing, temporary mounting, and resetting existing mailboxes which are conflict with roadway and/or
utility reconstruction.
ALLOW.007 PROTECT IN PLACE MASONRY MAILBOX Protect in place with Plywood
ALLOW.008 REPAIR / REPLACE MASONRY MAILBOX 12% of Total Masonry Mailboxes may need to be repaired
ALLOW.009 IRRIGATION SYSTEM RESTORATION Allowance includes a budget for irrigation repairs
ALLOW.010 LANDSCAPE RESTORATION Allowance includes landscape restoration budget to repair areas shown in the plans to satisfy homeowner expectations.
NBHD 1B: 72 EA areas shown on Plans to be protected in place.
ALLOW.011 LOCATION OF EXISTING UTILITIES FOR WC1 Location of existing utilities for WC1
ALLOW.012 ASPHALT LEVEL-UP 2,298 SY (380 TN) on Apollo St that may encounter rock, assuming 3" level-up if encountered in lieu of lime stabalization.
East side of the street, based on Boring P-16.
ALLOW.013 REMOVE & REPLACE CONC GUTTER DRIVEWAY Allowance includes additional concrete gutter drivewal removal and replacement to nearest existing joint. Allowance
quantity is based upon 5% of the GMP quantity.
ALLOW.014 ROCK ALLOWANCE FOR WC2
Allowance to be used for the additional effort required to break rock, excavate rock, handle excavated rock, dispose of
excavated rock, and import suitable backfill material as needed. Rock excavation is defined to be material requiring the use
of heavy mechanical breakage with a 6,000 ft-lb or greater impact breaker.
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Construction Management Plan
City of Denton – Neighborhood 1B Exhibit B – Approved GMP
Tab 6
Project Schedule
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
City of Denton Neighborhood 1B - 90% Schedule - 10.11.2024City of Denton Neighborhood 1B - 90% Schedule - 10.11.2024 709.0d 393.0d 19-Apr-23 A 08-Oct-26
MILESTONESMILESTONES 709.0d 393.0d 19-Apr-23 A 08-Oct-26
MS-1000 CMAR Selection & Execute Preconstruction Services Agreement 90.0d 0.0d 19-Apr-23 A 17-Jul-23 A
MS-3030 Submit RFP 0.0d 0.0d 19-Apr-23 A
MS-3050 NTP - Preconstruction Phase 0.0d 0.0d 24-Aug-23 A
MS-3070 Pre-Construction Phase Duration 488.0d 73.0d 24-Aug-23 A 08-Jan-25
MS-3120 Design Complete (RFC Drawings)0.0d 0.0d 20-Dec-24
MS-3060 Pre-Construction Phase Complete 0.0d 0.0d 08-Jan-25
MS-2000 NTP - Construction Phase 0.0d 0.0d 15-Mar-25
MS-3010 Project Duration (19 Months)573.0d 573.0d 15-Mar-25 08-Oct-26
MS-3020 Work Days - 5 Day W & H 322.0d 322.0d 25-Mar-25 08-Oct-26
MS-3110 Project Substantial Completion 0.0d 0.0d 08-Sep-26
MS-2500 Project Punchlist 30.0d 30.0d 09-Sep-26 08-Oct-26
MS-3000 Project Final Completion 0.0d 0.0d 08-Oct-26
DESIGN PROCESSDESIGN PROCESS 506.0d 138.0d 20-Nov-23 A 14-Mar-25
DG-1500 Data Collection / Survey 149.0d 0.0d 20-Nov-23 A 15-Jan-24 A
DG-1510 Conceptual Submittal 82.0d 0.0d 15-Jan-24 A 19-Apr-24 A
DG-1990 Site Walks - 1B-1, 1B-2, 1B-3 55.0d 0.0d 08-Feb-24 A 09-Apr-24 A
DG-1640 City / CMAR Review of Conceptual Submittal / Cost Model 26.0d 0.0d 19-Apr-24 A 17-May-24 A
DG-1420 60% Design Deliverable 70.0d 0.0d 18-May-24 A 26-Jul-24 A
DG-1650 City / CMAR Review of 60% Submittal / Cost Model 26.0d 0.0d 29-Jul-24 A 24-Aug-24 A
DG-1660 90% Design Deliverable 47.0d 0.0d 27-Aug-24 A 11-Oct-24 A
DG-1680 Prepare to Advertise 7.0d 0.0d 14-Oct-24 A 20-Oct-24 A
DG-1670 City / CMAR Review of 90% Submittal 19.0d 19.0d 16-Oct-24 A 15-Nov-24
DG-1690 Advertising 33.0d 25.0d 21-Oct-24 A 21-Nov-24
DG-1700 Sundt Submit Bids 32.0d 24.0d 21-Oct-24 A 20-Nov-24
DG-1290 100% IFC Design Deliverable 35.0d 35.0d 16-Nov-24 20-Dec-24
DG-1980 Subcontractor Selection and Finalize GMP 24.0d 24.0d 21-Nov-24 14-Dec-24
DS-1120 Draft & Execute Contracts 75.0d 75.0d 15-Dec-24 27-Feb-25
DG-1710 GMP Negotiation 26.0d 26.0d 17-Dec-24 11-Jan-25
DG-1300 City / CMAR Review of 100% IFC / Confirm GMP 19.0d 19.0d 21-Dec-24 08-Jan-25
DS-1110 GMP Final Agreement 0.0d 0.0d 11-Jan-25*
DG-1310 PUB Board (Public Utilities Board)0.0d 0.0d 10-Feb-25*
DG-1360 City Submit Contract, AIS, PPT 0.0d 0.0d 10-Feb-25
DG-1320 City Council Meeting 0.0d 0.0d 11-Feb-25
DG-1330 Public Meeting Notices 21.0d 21.0d 12-Feb-25 04-Mar-25
DG-1340 Public Meeting 3.0d 3.0d 05-Mar-25 07-Mar-25
DG-1350 Preconstruction Meeting 7.0d 7.0d 08-Mar-25 14-Mar-25
DS-1180 NTP - Construction Package 0.0d 0.0d 14-Mar-25
SUBMITTALSSUBMITTALS 21.0d 21.0d 28-Feb-25 20-Mar-25
A1030 Waterline Product Data / Submittal 7.0d 7.0d 28-Feb-25 06-Mar-25
A1040 Sanitary Sewer Product Data / Submittal 7.0d 7.0d 28-Feb-25 06-Mar-25
A1050 Asphalt Mix Design Submittal 7.0d 7.0d 28-Feb-25 06-Mar-25
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
CMAR Selection & Execute Preconstruction Services Agreement
Submit RFP
NTP - Preconstruction Phase
Pre-Construction Phase Duration
Design Complete (RFC Drawings)
Pre-Construction Phase Complete
NTP - Construction Phase
Project Duration (19 Months)
Work Days - 5 Day W & H
Project Substantial Completion
Project Punchlist
Project Final Completion
Data Collection / Survey
Conceptual Submittal
Site Walks - 1B-1, 1B-2, 1B-3
City / CMAR Review of Conceptual Submittal / Cost Model
60% Design Deliverable
City / CMAR Review of 60% Submittal / Cost Model
90% Design Deliverable
Prepare to Advertise
City / CMAR Review of 90% Submittal
Advertising
Sundt Submit Bids
100% IFC Design Deliverable
Subcontractor Selection and Finalize GMP
Draft & Execute Contracts
GMP Negotiation
City / CMAR Review of 100% IFC / Confirm GMP
GMP Final Agreement
PUB Board (Public Utilities Board)
City Submit Contract, AIS, PPT
City Council Meeting
Public Meeting Notices
Public Meeting
Preconstruction Meeting
NTP - Construction Package
Waterline Product Data / Submittal
Sanitary Sewer Product Data / Submittal
Asphalt Mix Design Submittal
31-Oct-24 11:17
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 1 of 16
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
A1060 Concrete Mix Design Submittal 7.0d 7.0d 28-Feb-25 06-Mar-25
A1070 Sanitary Sewer Manholes Shop Drawings Submittal 7.0d 7.0d 28-Feb-25 06-Mar-25
A1080 Review & Approve Waterline Product Data / Submittal 7.0d 7.0d 07-Mar-25 13-Mar-25
A1090 Review & Approve Sanitary Sewer Product Data / Submittal 7.0d 7.0d 07-Mar-25 13-Mar-25
A1100 Review & Approve Sanitary Sewer Manholes Shop Drawings Submittal 14.0d 14.0d 07-Mar-25 20-Mar-25
A1110 Review & Approve Asphalt Mix Design Submittal 7.0d 7.0d 07-Mar-25 13-Mar-25
A1120 Review & Approve Concrete Mix Design Submittal 7.0d 7.0d 07-Mar-25 13-Mar-25
PROCUREMENT / LONG LEAD ITEMSPROCUREMENT / LONG LEAD ITEMS 20.0d 20.0d 21-Mar-25 09-Apr-25
A1150 Fabrication / Delivery Sanitary Sewer Manholes 20.0d 20.0d 21-Mar-25 09-Apr-25
A1130 Fabrication / Delivery Waterline Materials 10.0d 10.0d 23-Mar-25 01-Apr-25
A1140 Fabrication / Delivery Sanitary Sewer Materials 10.0d 10.0d 23-Mar-25 01-Apr-25
ROW ACQUISITIONROW ACQUISITION 0.0d 0.0d
CONSTRUCTION PHASECONSTRUCTION PHASE 305.0d 305.0d 25-Mar-25 08-Sep-26
MOBILIZATION / PRELIMINARY WORKMOBILIZATION / PRELIMINARY WORK 11.0d 11.0d 25-Mar-25 09-Apr-25
A1000 Mobilization 6.0d 6.0d 25-Mar-25 01-Apr-25
A1010 Install MOT & Advance Warning Signs 2.0d 2.0d 03-Apr-25 04-Apr-25
A1020 Install SWPPP and Erosion Control BMP's 3.0d 3.0d 07-Apr-25 09-Apr-25
AREA 1B-1 - NORTH OF HERCULES LANEAREA 1B-1 - NORTH OF HERCULES LANE 273.0d 273.0d 10-Apr-25 04-Aug-26
CAMELOTCAMELOT 48.0d 48.0d 10-Apr-25 30-Jun-25
CAM1910 48 Hour Notification to City / Land Owner's - Camelot 2.0d 2.0d 10-Apr-25 11-Apr-25
CAM1920 Install Traffic Control - Camelot 1.0d 1.0d 14-Apr-25 14-Apr-25
CAM1930 Locates - Camelot 2.0d 2.0d 16-Apr-25 17-Apr-25
CAM1940 Remove Asphalt Pavement - Camelot 2.0d 2.0d 18-Apr-25 21-Apr-25
CAM1950 Remove Misc Concrete - Camelot 2.0d 2.0d 22-Apr-25 23-Apr-25
CAM1960 Excavate / Embank to top of Subgrade - Camelot 4.0d 4.0d 24-Apr-25 29-Apr-25
CAM1970 Mix Lime Treated Subgrade - Camelot 2.0d 2.0d 30-Apr-25 01-May-25
CAM1980 Cure Lime Treated Subgrade - Camelot 2.0d 2.0d 02-May-25 03-May-25
CAM1990 Remix Lime Treated Subgrade - Camelot 2.0d 2.0d 05-May-25 07-May-25
CAM2000 Finish & Compact Lime Treated Subgrade - Camelot 2.0d 2.0d 09-May-25 12-May-25
CAM2010 Place 4" Asphalt Base - 1st Lift - Camelot 2.0d 2.0d 13-May-25 14-May-25
CAM2020 F/P/S Concrete Curb & Gutter - Camelot 8.0d 8.0d 15-May-25 29-May-25
CAM2060 F/P/S Concrete Pavement - Camelot 2.0d 2.0d 30-May-25 02-Jun-25
CAM2030 F/P/S Concrete Driveway - Camelot 2.0d 2.0d 04-Jun-25 05-Jun-25
CAM2050 F/P/S Sidewalk - Camelot 1.0d 1.0d 06-Jun-25 06-Jun-25
CAM2090 Place Topsoil - Camelot 2.0d 2.0d 09-Jun-25 10-Jun-25
CAM2100 Place Sod - Camelot 2.0d 2.0d 11-Jun-25 12-Jun-25
CAM2080 Place 2" Asphalt - Camelot 1.0d 1.0d 13-Jun-25 13-Jun-25
CAM2110 Install Pavement Markings - Camelot 2.0d 2.0d 16-Jun-25 17-Jun-25
CAM2130 Sundt Internal Punchlist - Camelot 1.0d 1.0d 18-Jun-25 18-Jun-25
CAM2140 Sundt Internal Correct Punchlist - Camelot 5.0d 5.0d 20-Jun-25 27-Jun-25
CAM2150 Punchlist Walk - Camelot 1.0d 1.0d 30-Jun-25 30-Jun-25
YELLOWSTONEYELLOWSTONE 52.0d 52.0d 04-May-25 30-Jul-25
YEL1910 48 Hour Notification to City / Land Owner's - Yellowstone 2.0d 2.0d 04-May-25 05-May-25
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
Concrete Mix Design Submittal
Sanitary Sewer Manholes Shop Drawings Submittal
Review & Approve Waterline Product Data / Submittal
Review & Approve Sanitary Sewer Product Data / Submittal
Review & Approve Sanitary Sewer Manholes Shop Drawings Submittal
Review & Approve Asphalt Mix Design Submittal
Review & Approve Concrete Mix Design Submittal
Fabrication / Delivery Sanitary Sewer Manholes
Fabrication / Delivery Waterline Materials
Fabrication / Delivery Sanitary Sewer Materials
Mobilization
Install MOT & Advance Warning Signs
Install SWPPP and Erosion Control BMP's
48 Hour Notification to City / Land Owner's - Camelot
Install Traffic Control - Camelot
Locates - Camelot
Remove Asphalt Pavement - Camelot
Remove Misc Concrete - Camelot
Excavate / Embank to top of Subgrade - Camelot
Mix Lime Treated Subgrade - Camelot
Cure Lime Treated Subgrade - Camelot
Remix Lime Treated Subgrade - Camelot
Finish & Compact Lime Treated Subgrade - Camelot
Place 4" Asphalt Base - 1st Lift - Camelot
F/P/S Concrete Curb & Gutter - Camelot
F/P/S Concrete Pavement - Camelot
F/P/S Concrete Driveway - Camelot
F/P/S Sidewalk - Camelot
Place Topsoil - Camelot
Place Sod - Camelot
Place 2" Asphalt - Camelot
Install Pavement Markings - Camelot
Sundt Internal Punchlist - Camelot
Sundt Internal Correct Punchlist - Camelot
Punchlist Walk - Camelot
48 Hour Notification to City / Land Owner's - Yellowstone
31-Oct-24 11:17
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 2 of 16
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
YEL1920 Install Traffic Control - Yellowstone 1.0d 1.0d 07-May-25 07-May-25
YEL1930 Locates - Yellowstone 2.0d 2.0d 09-May-25 12-May-25
YEL1940 Remove Asphalt Pavement - Yellowstone 2.0d 2.0d 13-May-25 14-May-25
YEL1950 Remove Misc Concrete - Yellowstone 2.0d 2.0d 15-May-25 16-May-25
YEL1960 Excavate / Embank to top of Subgrade - Yellowstone 3.0d 3.0d 19-May-25 21-May-25
YEL1970 Mix Lime Treated Subgrade - Yellowstone 2.0d 2.0d 23-May-25 27-May-25
YEL1980 Cure Lime Treated Subgrade - Yellowstone 2.0d 2.0d 28-May-25 29-May-25
YEL1990 Remix Lime Treated Subgrade - Yellowstone 2.0d 2.0d 30-May-25 02-Jun-25
YEL2000 Finish & Compact Lime Treated Subgrade - Yellowstone 2.0d 2.0d 04-Jun-25 05-Jun-25
YEL2010 Place 4" Asphalt Base - 1st Lift - Yellowstone 2.0d 2.0d 06-Jun-25 09-Jun-25
YEL2020 F/P/S Concrete Curb & Gutter - Yellowstone 11.0d 11.0d 10-Jun-25 26-Jun-25
YEL2030 F/P/S Concrete Driveway - Yellowstone 5.0d 5.0d 27-Jun-25 03-Jul-25
YEL2050 F/P/S Sidewalk - Yellowstone 2.0d 2.0d 07-Jul-25 09-Jul-25
YEL2090 Place Topsoil - Yellowstone 2.0d 2.0d 10-Jul-25 11-Jul-25
YEL2100 Place Sod - Yellowstone 2.0d 2.0d 14-Jul-25 15-Jul-25
YEL2080 Place 2" Asphalt Ty D - Yellowstone 1.0d 1.0d 16-Jul-25 16-Jul-25
YEL2110 Install Pavement Markings - Yellowstone 2.0d 2.0d 17-Jul-25 18-Jul-25
YEL2130 Sundt Internal Punchlist - Yellowstone 1.0d 1.0d 21-Jul-25 21-Jul-25
YEL2140 Sundt Internal Correct Punchlist - Yellowstone 5.0d 5.0d 22-Jul-25 29-Jul-25
YEL2150 Punchlist Walk - Yellowstone 1.0d 1.0d 30-Jul-25 30-Jul-25
JUNO LANEJUNO LANE 65.0d 65.0d 10-Apr-25 28-Jul-25
JUL-5060 48 Hour Notification to City / Land Owner's - Juno Lane 2.0d 2.0d 10-Apr-25 11-Apr-25
JUL-5050 Install Traffic Control -Utilities - Juno Lane 1.0d 1.0d 14-Apr-25 14-Apr-25
JUL-2490 Locates & Trench Pavement Removal SS - Juno Lane 2.0d 2.0d 16-Apr-25 17-Apr-25
JUL-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Juno Lane 12.0d 12.0d 17-Apr-25 02-May-25
JUL-5080 Remove 6" San Sewer (same trench) - Juno Lane 3.0d 3.0d 18-Apr-25 22-Apr-25
JUL-5070 E/L/B 4" San Sewer Services - Juno Lane 11.0d 11.0d 23-Apr-25 09-May-25
JUL-2380 Flexible Paving Repair for Utility Trench - Juno Lane 2.0d 2.0d 05-May-25 07-May-25
JUL-5090 Post Construction CCTV Inspection - Juno Lane 2.0d 2.0d 12-May-25 13-May-25
JUL-5120 Remove Asphalt Pavement - Juno Lane 2.0d 2.0d 14-May-25 15-May-25
JUL-5180 Remove Misc Concrete - Juno Lane 2.0d 2.0d 16-May-25 19-May-25
JUL-5190 Excavate/ Embank to top of Subgrade - Juno Lane 3.0d 3.0d 20-May-25 23-May-25
JUL-5200 Mix Lime Treated Subgrade - Juno Lane 2.0d 2.0d 27-May-25 29-May-25
JUL-5210 Cure Lime Treated Subgrade - Juno Lane 2.0d 2.0d 30-May-25 31-May-25
JUL-5220 Remix Lime Treated Subgrade - Juno Lane 2.0d 2.0d 02-Jun-25 04-Jun-25
JUL-5230 Finish & Compact Lime Treated Subgrade - Juno Lane 2.0d 2.0d 05-Jun-25 06-Jun-25
JUL-5240 Place 4" Asphalt Base - 1st Lift TY B - Juno Lane 2.0d 2.0d 09-Jun-25 10-Jun-25
JUL-5250 F/P/S Concrete Curb and Gutter - Juno Lane 8.0d 8.0d 11-Jun-25 23-Jun-25
JUL-5260 F/P/S Concrete Driveway - Juno Lane 2.0d 2.0d 20-Jun-25 23-Jun-25
JUL-5270 F/P/S Concrete Pavement - Juno Lane 6.0d 6.0d 24-Jun-25 02-Jul-25
JUL-5300 Place Topsoil - Juno Lane 2.0d 2.0d 03-Jul-25 07-Jul-25
JUL-5310 Place 2" Asphalt Ty D - Juno Lane 1.0d 1.0d 09-Jul-25 09-Jul-25
JUL-5440 Place Sod - Juno Lane 3.0d 3.0d 10-Jul-25 14-Jul-25
JUL-5320 Install Pavement Markings -Juno Lane 2.0d 2.0d 15-Jul-25 16-Jul-25
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
Install Traffic Control - Yellowstone
Locates - Yellowstone
Remove Asphalt Pavement - Yellowstone
Remove Misc Concrete - Yellowstone
Excavate / Embank to top of Subgrade - Yellowstone
Mix Lime Treated Subgrade - Yellowstone
Cure Lime Treated Subgrade - Yellowstone
Remix Lime Treated Subgrade - Yellowstone
Finish & Compact Lime Treated Subgrade - Yellowstone
Place 4" Asphalt Base - 1st Lift - Yellowstone
F/P/S Concrete Curb & Gutter - Yellowstone
F/P/S Concrete Driveway - Yellowstone
F/P/S Sidewalk - Yellowstone
Place Topsoil - Yellowstone
Place Sod - Yellowstone
Place 2" Asphalt Ty D - Yellowstone
Install Pavement Markings - Yellowstone
Sundt Internal Punchlist - Yellowstone
Sundt Internal Correct Punchlist - Yellowstone
Punchlist Walk - Yellowstone
48 Hour Notification to City / Land Owner's - Juno Lane
Install Traffic Control -Utilities - Juno Lane
Locates & Trench Pavement Removal SS - Juno Lane
E/L/B 8" Sanitary Sewer Line w/ Manholes - Juno Lane
Remove 6" San Sewer (same trench) - Juno Lane
E/L/B 4" San Sewer Services - Juno Lane
Flexible Paving Repair for Utility Trench - Juno Lane
Post Construction CCTV Inspection - Juno Lane
Remove Asphalt Pavement - Juno Lane
Remove Misc Concrete - Juno Lane
Excavate/ Embank to top of Subgrade - Juno Lane
Mix Lime Treated Subgrade - Juno Lane
Cure Lime Treated Subgrade - Juno Lane
Remix Lime Treated Subgrade - Juno Lane
Finish & Compact Lime Treated Subgrade - Juno Lane
Place 4" Asphalt Base - 1st Lift TY B - Juno Lane
F/P/S Concrete Curb and Gutter - Juno Lane
F/P/S Concrete Driveway - Juno Lane
F/P/S Concrete Pavement - Juno Lane
Place Topsoil - Juno Lane
Place 2" Asphalt Ty D - Juno Lane
Place Sod - Juno Lane
Install Pavement Markings -Juno Lane
31-Oct-24 11:17
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 3 of 16
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
JUL-5340 Sundt Internal Punchlist - Juno Lane 1.0d 1.0d 17-Jul-25 17-Jul-25
JUL-5350 Sundt Internal Correct Punchlist - Juno Lane 5.0d 5.0d 18-Jul-25 25-Jul-25
JUL-5360 Punchlist Walk - Juno Lane 1.0d 1.0d 28-Jul-25 28-Jul-25
PERSHINGPERSHING 102.0d 102.0d 12-May-25 28-Oct-25
PER-5060 48 Hour Notification to City / Land Owner's - Pershing 2.0d 2.0d 12-May-25 13-May-25
PER-5050 Install Traffic Control - Pershing(Utilities)2.0d 2.0d 14-May-25 15-May-25
PER-2490 Locates & Trench Pavement Removal SS - Pershing 2.0d 2.0d 16-May-25 19-May-25
PER-2520 Locates & Trench Pavement Removal Water - Pershing 2.0d 2.0d 16-May-25 19-May-25
PER-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Pershing 18.0d 18.0d 20-May-25 18-Jun-25
PER-5070 E/L/B 4" San Sewer Services - Pershing 17.0d 17.0d 21-May-25 18-Jun-25
PER-2380 Flexible Paving Repair for Utility Trench -Pershing 2.0d 2.0d 20-Jun-25 23-Jun-25
PER-2370 E/L/B 8" Water Line - Pershing 15.0d 15.0d 24-Jun-25 17-Jul-25
PER-5090 Post Construction CCTV Inspection - Pershing 2.0d 2.0d 24-Jun-25 26-Jun-25
PER-5100 E/L/B Water Line 1" Services - Pershing 23.0d 23.0d 27-Jun-25 01-Aug-25
PER-5140 6" Water Main Connection w/ Shutdown - Pershing 2.0d 2.0d 18-Jul-25 21-Jul-25
PER-5110 E/L/B Fire Hydrant Assembly - Pershing 2.0d 2.0d 04-Aug-25 05-Aug-25
PER-5170 Assist COD TS&V - Pershing 2.0d 2.0d 06-Aug-25 08-Aug-25
PER-5120 Remove Asphalt Pavement -Pershing 2.0d 2.0d 11-Aug-25 12-Aug-25
PER-5430 Remove 2" Surface Milling - Pershing 2.0d 2.0d 11-Aug-25 12-Aug-25
PER-5180 Remove Misc Concrete - Pershing 2.0d 2.0d 13-Aug-25 14-Aug-25
PER-5190 Excavate/ Embank to top of Subgrade - Pershing 2.0d 2.0d 15-Aug-25 18-Aug-25
PER-5200 Mix Lime Treated Subgrade - Pershing 2.0d 2.0d 19-Aug-25 20-Aug-25
PER-5210 Cure Lime Treated Subgrade - Pershing 2.0d 2.0d 21-Aug-25 22-Aug-25
PER-5220 Remix Lime Treated Subgrade - Pershing 2.0d 2.0d 25-Aug-25 26-Aug-25
PER-5230 Finish & Compact Lime Treated Subgrade - Pershing 2.0d 2.0d 28-Aug-25 29-Aug-25
PER-5240 Place 4" Asphalt Base - 1st Lift TY B - Pershing 2.0d 2.0d 02-Sep-25 03-Sep-25
PER-5250 F/P/S Concrete Curb and Gutter - Pershing 11.0d 11.0d 04-Sep-25 22-Sep-25
PER-5260 F/P/S Concrete Driveway - Pershing 10.0d 10.0d 05-Sep-25 22-Sep-25
PER-5270 F/P/S Sidewalk - Pershing 5.0d 5.0d 24-Sep-25 01-Oct-25
PER-5280 Install Curb Ramps - Pershing 2.0d 2.0d 30-Sep-25 01-Oct-25
PER-5300 Place Topsoil - Pershing 2.0d 2.0d 02-Oct-25 03-Oct-25
PER-5310 Place 2" Asphalt Ty D - Pershing 2.0d 2.0d 06-Oct-25 08-Oct-25
PER-5440 Place Sod - Pershing 2.0d 2.0d 10-Oct-25 13-Oct-25
PER-5320 Install Pavement Markings - Pershing 2.0d 2.0d 14-Oct-25 15-Oct-25
PER-5340 Sundt Internal Punchlist - Pershing 1.0d 1.0d 16-Oct-25 16-Oct-25
PER-5350 Sundt Internal Correct Punchlist - Pershing 5.0d 5.0d 17-Oct-25 27-Oct-25
PER-5360 Punchlist Walk - Pershing 1.0d 1.0d 28-Oct-25 28-Oct-25
SELENESELENE 74.0d 74.0d 06-Aug-25 19-Dec-25
SEL-5060 48 Hour Notification to City / Land Owner's - Selene 2.0d 2.0d 06-Aug-25 07-Aug-25
SEL-5050 Install Traffic Control - Selene (Utilities)2.0d 2.0d 08-Aug-25 11-Aug-25
SEL-2490 Locates & Trench Pavement Removal SS - Selene 2.0d 2.0d 12-Aug-25 13-Aug-25
SEL-5080 Remove 6" San Sewer (same trench) - Selene 3.0d 3.0d 14-Aug-25 18-Aug-25
SEL-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Selene 16.0d 16.0d 19-Aug-25 15-Sep-25
SEL-5070 E/L/B 4" San Sewer Services - Selene 8.0d 8.0d 02-Sep-25 15-Sep-25
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
Sundt Internal Punchlist - Juno Lane
Sundt Internal Correct Punchlist - Juno Lane
Punchlist Walk - Juno Lane
48 Hour Notification to City / Land Owner's - Pershing
Install Traffic Control - Pershing(Utilities)
Locates & Trench Pavement Removal SS - Pershing
Locates & Trench Pavement Removal Water - Pershing
E/L/B 8" Sanitary Sewer Line w/ Manholes - Pershing
E/L/B 4" San Sewer Services - Pershing
Flexible Paving Repair for Utility Trench -Pershing
E/L/B 8" Water Line - Pershing
Post Construction CCTV Inspection - Pershing
E/L/B Water Line 1" Services - Pershing
6" Water Main Connection w/ Shutdown - Pershing
E/L/B Fire Hydrant Assembly - Pershing
Assist COD TS&V - Pershing
Remove Asphalt Pavement -Pershing
Remove 2" Surface Milling - Pershing
Remove Misc Concrete - Pershing
Excavate/ Embank to top of Subgrade - Pershing
Mix Lime Treated Subgrade - Pershing
Cure Lime Treated Subgrade - Pershing
Remix Lime Treated Subgrade - Pershing
Finish & Compact Lime Treated Subgrade - Pershing
Place 4" Asphalt Base - 1st Lift TY B - Pershing
F/P/S Concrete Curb and Gutter - Pershing
F/P/S Concrete Driveway - Pershing
F/P/S Sidewalk - Pershing
Install Curb Ramps - Pershing
Place Topsoil - Pershing
Place 2" Asphalt Ty D - Pershing
Place Sod - Pershing
Install Pavement Markings - Pershing
Sundt Internal Punchlist - Pershing
Sundt Internal Correct Punchlist - Pershing
Punchlist Walk - Pershing
48 Hour Notification to City / Land Owner's - Selene
Install Traffic Control - Selene (Utilities)
Locates & Trench Pavement Removal SS - Selene
Remove 6" San Sewer (same trench) - Selene
E/L/B 8" Sanitary Sewer Line w/ Manholes - Selene
E/L/B 4" San Sewer Services - Selene
31-Oct-24 11:17
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 4 of 16
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
SEL-2380 Flexible Paving Repair for Utility Trench - Selene 2.0d 2.0d 16-Sep-25 17-Sep-25
SEL-5090 Post Construction CCTV Inspection - Selene 2.0d 2.0d 18-Sep-25 19-Sep-25
SEL-5120 Remove Asphalt Pavement - Selene 2.0d 2.0d 22-Sep-25 24-Sep-25
SEL-5180 Remove Misc Concrete - Selene 2.0d 2.0d 26-Sep-25 29-Sep-25
SEL-5190 Excavate/ Embank to top of Subgrade - Selene 3.0d 3.0d 30-Sep-25 02-Oct-25
SEL-5200 Mix Lime Treated Subgrade - Selene 2.0d 2.0d 03-Oct-25 06-Oct-25
SEL-5210 Cure Lime Treated Subgrade - Selene 2.0d 2.0d 07-Oct-25 08-Oct-25
SEL-5220 Remix Lime Treated Subgrade - Selene 2.0d 2.0d 10-Oct-25 13-Oct-25
SEL-5230 Finish & Compact Lime Treated Subgrade - Selene 2.0d 2.0d 14-Oct-25 15-Oct-25
SEL-5240 Place 4" Asphalt Base - 1st Lift TY B - Selene 1.0d 1.0d 16-Oct-25 16-Oct-25
SEL-5250 F/P/S Concrete Curb and Gutter - Selene 9.0d 9.0d 17-Oct-25 31-Oct-25
SEL-5260 F/P/S Concrete Driveway - Selene 4.0d 4.0d 28-Oct-25 31-Oct-25
SEL-5270 F/P/S Concrete Pavement - Selene 9.0d 9.0d 03-Nov-25 19-Nov-25
SEL-5300 Place Topsoil - Selene 2.0d 2.0d 21-Nov-25 24-Nov-25
SEL-5310 Place 2" Asphalt Ty D - Selene 1.0d 1.0d 25-Nov-25 25-Nov-25
SEL-5440 Place Sod - Selene 2.0d 2.0d 26-Nov-25 01-Dec-25
SEL-5320 Install Pavement Markings - Selene 1.0d 1.0d 03-Dec-25 03-Dec-25
SEL-5340 Sundt Internal Punchlist - Selene 1.0d 1.0d 05-Dec-25 05-Dec-25
SEL-5350 Sundt Internal Correct Punchlist - Selene 5.0d 5.0d 08-Dec-25 17-Dec-25
SEL-5360 Punchlist Walk - Selene 1.0d 1.0d 19-Dec-25 19-Dec-25
APOLLOAPOLLO 98.0d 98.0d 20-Sep-25 02-Apr-26
APO-5060 48 Hour Notification to City / Land Owner's - Apollo 2.0d 2.0d 20-Sep-25 21-Sep-25
APO-5050 Install Traffic Control - Apollo (Utilities)2.0d 2.0d 22-Sep-25 24-Sep-25
APO-2490 Locates & Trench Pavement Removal SS - Apollo 2.0d 2.0d 26-Sep-25 29-Sep-25
APO-2520 Locates & Trench Pavement Removal Water - Apollo 2.0d 2.0d 26-Sep-25 29-Sep-25
APO-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Apollo 23.0d 23.0d 30-Sep-25 07-Nov-25
APO-5070 E/L/B 4" San Sewer Services - Apollo 18.0d 18.0d 08-Oct-25 07-Nov-25
APO-2370 E/L/B 8" Water Line - Apollo 17.0d 17.0d 10-Nov-25 15-Dec-25
APO-5090 Post Construction CCTV Inspection - Apollo 2.0d 2.0d 10-Nov-25 11-Nov-25
APO-5100 E/L/B Water Line 1" Services - Apollo 19.0d 19.0d 13-Nov-25 23-Dec-25
APO-5110 E/L/B Fire Hydrant Assembly - Apollo 2.0d 2.0d 24-Dec-25 29-Dec-25
APO-5170 Assist COD TS&V - Apollo 2.0d 2.0d 30-Dec-25 02-Jan-26
APO-5120 Remove Asphalt Pavement - Apollo 3.0d 3.0d 06-Jan-26 08-Jan-26
APO-5180 Remove Misc Concrete - Apollo 2.0d 2.0d 09-Jan-26 12-Jan-26
APO-5190 Excavate/ Embank to top of Subgrade - Apollo 4.0d 4.0d 14-Jan-26 23-Jan-26
APO-5200 Mix Lime Treated Subgrade - Apollo 3.0d 3.0d 26-Jan-26 28-Jan-26
APO-5210 Cure Lime Treated Subgrade - Apollo 2.0d 2.0d 29-Jan-26 30-Jan-26
APO-5220 Remix Lime Treated Subgrade - Apollo 3.0d 3.0d 02-Feb-26 04-Feb-26
APO-5230 Finish & Compact Lime Treated Subgrade - Apollo 2.0d 2.0d 06-Feb-26 10-Feb-26
APO-5240 Place 4" Asphalt Base - 1st Lift TY B - Apollo 2.0d 2.0d 12-Feb-26 13-Feb-26
APO-5250 F/P/S Concrete Curb and Gutter - Apollo 11.0d 11.0d 16-Feb-26 05-Mar-26
APO-5260 F/P/S Concrete Driveway - Apollo 5.0d 5.0d 27-Feb-26 05-Mar-26
APO-5270 F/P/S Concrete Pavement - Apollo 1.0d 1.0d 09-Mar-26 09-Mar-26
APO-5300 Place Topsoil - Apollo 2.0d 2.0d 10-Mar-26 12-Mar-26
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
Flexible Paving Repair for Utility Trench - Selene
Post Construction CCTV Inspection - Selene
Remove Asphalt Pavement - Selene
Remove Misc Concrete - Selene
Excavate/ Embank to top of Subgrade - Selene
Mix Lime Treated Subgrade - Selene
Cure Lime Treated Subgrade - Selene
Remix Lime Treated Subgrade - Selene
Finish & Compact Lime Treated Subgrade - Selene
Place 4" Asphalt Base - 1st Lift TY B - Selene
F/P/S Concrete Curb and Gutter - Selene
F/P/S Concrete Driveway - Selene
F/P/S Concrete Pavement - Selene
Place Topsoil - Selene
Place 2" Asphalt Ty D - Selene
Place Sod - Selene
Install Pavement Markings - Selene
Sundt Internal Punchlist - Selene
Sundt Internal Correct Punchlist - Selene
Punchlist Walk - Selene
48 Hour Notification to City / Land Owner's - Apollo
Install Traffic Control - Apollo (Utilities)
Locates & Trench Pavement Removal SS - Apollo
Locates & Trench Pavement Removal Water - Apollo
E/L/B 8" Sanitary Sewer Line w/ Manholes - Apollo
E/L/B 4" San Sewer Services - Apollo
E/L/B 8" Water Line - Apollo
Post Construction CCTV Inspection - Apollo
E/L/B Water Line 1" Services - Apollo
E/L/B Fire Hydrant Assembly - Apollo
Assist COD TS&V - Apollo
Remove Asphalt Pavement - Apollo
Remove Misc Concrete - Apollo
Excavate/ Embank to top of Subgrade - Apollo
Mix Lime Treated Subgrade - Apollo
Cure Lime Treated Subgrade - Apollo
Remix Lime Treated Subgrade - Apollo
Finish & Compact Lime Treated Subgrade - Apollo
Place 4" Asphalt Base - 1st Lift TY B - Apollo
F/P/S Concrete Curb and Gutter - Apollo
F/P/S Concrete Driveway - Apollo
F/P/S Concrete Pavement - Apollo
Place Topsoil - Apollo
31-Oct-24 11:17
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 5 of 16
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
APO-5310 Place 2" Asphalt Ty D - Apollo 1.0d 1.0d 13-Mar-26 13-Mar-26
APO-5440 Place Sod - Apollo 2.0d 2.0d 16-Mar-26 18-Mar-26
APO-5320 Install Pavement Markings - Apollo 2.0d 2.0d 19-Mar-26 20-Mar-26
APO-5340 Sundt Internal Punchlist - Apollo 1.0d 1.0d 23-Mar-26 23-Mar-26
APO-5350 Sundt Internal Correct Punchlist - Apollo 5.0d 5.0d 24-Mar-26 01-Apr-26
APO-5360 Punchlist Walk - Apollo 1.0d 1.0d 02-Apr-26 02-Apr-26
NEPTUNENEPTUNE 71.0d 71.0d 11-Apr-26 04-Aug-26
NEP-5060 48 Hour Notification to City / Land Owner's - Neptune 2.0d 2.0d 11-Apr-26 12-Apr-26
NEP-5050 Install Traffic Control - Neptune (Utilities)2.0d 2.0d 13-Apr-26 14-Apr-26
NEP-2490 Locates & Trench Pavement Removal SS - Neptune 2.0d 2.0d 16-Apr-26 17-Apr-26
NEP-2520 Locates & Trench Pavement Removal Water - Neptune 2.0d 2.0d 16-Apr-26 17-Apr-26
NEP-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Neptune 14.0d 14.0d 20-Apr-26 12-May-26
NEP-5070 E/L/B 4" San Sewer Services - Neptune 10.0d 10.0d 24-Apr-26 12-May-26
NEP-5090 Post Construction CCTV Inspection - Neptune 2.0d 2.0d 14-May-26 15-May-26
NEP-2370 E/L/B 8" Water Line - Neptune 10.0d 10.0d 18-May-26 02-Jun-26
NEP-5100 E/L/B Water Line 1" Services - Neptune 10.0d 10.0d 18-May-26 02-Jun-26
NEP-5110 E/L/B Fire Hydrant Assembly - Neptune 2.0d 2.0d 03-Jun-26 04-Jun-26
NEP-5140 6" Water Main Connection w/ Shutdown - Neptune 2.0d 2.0d 03-Jun-26 04-Jun-26
NEP-5170 Assist COD TS&V - Neptune 1.0d 1.0d 05-Jun-26 05-Jun-26
NEP-5120 Remove Asphalt Pavement -Neptune 2.0d 2.0d 08-Jun-26 09-Jun-26
NEP-5180 Remove Misc Concrete - Neptune 3.0d 3.0d 11-Jun-26 15-Jun-26
NEP-5190 Excavate/ Embank to top of Subgrade - Neptune 3.0d 3.0d 17-Jun-26 19-Jun-26
NEP-5200 Mix Lime Treated Subgrade - Neptune 2.0d 2.0d 22-Jun-26 23-Jun-26
NEP-5210 Cure Lime Treated Subgrade - Neptune 2.0d 2.0d 24-Jun-26 25-Jun-26
NEP-5220 Remix Lime Treated Subgrade - Neptune 2.0d 2.0d 26-Jun-26 29-Jun-26
NEP-5230 Finish & Compact Lime Treated Subgrade - Neptune 2.0d 2.0d 30-Jun-26 01-Jul-26
NEP-5240 Place 4" Asphalt Base - 1st Lift TY B - Neptune 1.0d 1.0d 02-Jul-26 02-Jul-26
NEP-5250 F/P/S Concrete Curb and Gutter - Neptune 7.0d 7.0d 03-Jul-26 14-Jul-26
NEP-5260 F/P/S Concrete Driveway - Neptune 2.0d 2.0d 13-Jul-26 14-Jul-26
NEP-5280 F/P/S Concrete Pavement - Neptune 2.0d 2.0d 14-Jul-26 15-Jul-26
NEP-5270 F/P/S Sidewalk - Neptune 1.0d 1.0d 15-Jul-26 15-Jul-26
NEP-5300 Place Topsoil - Neptune 2.0d 2.0d 16-Jul-26 17-Jul-26
NEP-5310 Place 2" Asphalt Ty D - Neptune 1.0d 1.0d 20-Jul-26 20-Jul-26
NEP-5440 Place Sod - Neptune 2.0d 2.0d 21-Jul-26 23-Jul-26
NEP-5320 Install Pavement Markings - Neptune 1.0d 1.0d 24-Jul-26 24-Jul-26
NEP-5340 Sundt Internal Punchlist - Neptune 1.0d 1.0d 27-Jul-26 27-Jul-26
NEP-5350 Sundt Internal Correct Punchlist - Neptune 5.0d 5.0d 28-Jul-26 03-Aug-26
NEP-5360 Punchlist Walk - Neptune 1.0d 1.0d 04-Aug-26 04-Aug-26
REDSTONEREDSTONE 194.0d 194.0d 10-Apr-25 27-Mar-26
RED-5060 48 Hour Notification to City / Land Owner's - Redstone 2.0d 2.0d 10-Apr-25 11-Apr-25
RED-5050 Install Traffic Control - Redstone (Utilities)2.0d 2.0d 14-Apr-25 16-Apr-25
RED-2490 Locates & Trench Pavement Removal SS - Redstone 2.0d 2.0d 17-Apr-25 18-Apr-25
RED-2520 Locates & Trench Pavement Removal Water - Redstone 2.0d 2.0d 17-Apr-25 18-Apr-25
RED-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Redstone 38.0d 38.0d 21-Apr-25 20-Jun-25
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
Place 2" Asphalt Ty D - Apollo
Place Sod - Apollo
Install Pavement Markings - Apollo
Sundt Internal Punchlist - Apollo
Sundt Internal Correct Punchlist - Apollo
Punchlist Walk - Apollo
48 Hour Notification to City / Land Owner's - Neptune
Install Traffic Control - Neptune (Utilities)
Locates & Trench Pavement Removal SS - Neptune
Locates & Trench Pavement Removal Water - Neptune
E/L/B 8" Sanitary Sewer Line w/ Manholes - Neptune
E/L/B 4" San Sewer Services - Neptune
Post Construction CCTV Inspection - Neptune
E/L/B 8" Water Line - Neptune
E/L/B Water Line 1" Services - Neptune
E/L/B Fire Hydrant Assembly - Neptune
6" Water Main Connection w/ Shutdown - Neptune
Assist COD TS&V - Neptune
Remove Asphalt Pavement -Neptune
Remove Misc Concrete - Neptune
Excavate/ Embank to top of Subgrade - Neptune
Mix Lime Treated Subgrade - Neptune
Cure Lime Treated Subgrade - Neptune
Remix Lime Treated Subgrade - Neptune
Finish & Compact Lime Treated Subgrade - Neptune
Place 4" Asphalt Base - 1st Lift TY B - Neptune
F/P/S Concrete Curb and Gutter - Neptune
F/P/S Concrete Driveway - Neptune
F/P/S Concrete Pavement - Neptune
F/P/S Sidewalk - Neptune
Place Topsoil - Neptune
Place 2" Asphalt Ty D - Neptune
Place Sod - Neptune
Install Pavement Markings - Neptune
Sundt Internal Punchlist - Neptune
Sundt Internal Correct Punchlist - Neptune
Punchlist Walk - Neptune
48 Hour Notification to City / Land Owner's - Redstone
Install Traffic Control - Redstone (Utilities)
Locates & Trench Pavement Removal SS - Redstone
Locates & Trench Pavement Removal Water - Redstone
E/L/B 8" Sanitary Sewer Line w/ Manholes - Redstone
31-Oct-24 11:17
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 6 of 16
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
RED-5070 E/L/B 4" San Sewer Services - Redstone 39.0d 39.0d 21-Apr-25 23-Jun-25
RED-2370 E/L/B 8" Water Line - Redstone 29.0d 29.0d 24-Jun-25 08-Aug-25
RED-5090 Post Construction CCTV Inspection - Redstone 2.0d 2.0d 24-Jun-25 26-Jun-25
RED-5100 E/L/B Water Line 1" Services - Redstone 40.0d 40.0d 27-Jun-25 28-Aug-25
RED-5110 E/L/B Fire Hydrant Assembly - Redstone 3.0d 3.0d 29-Aug-25 03-Sep-25
RED-5170 Assist COD TS&V - Redstone 1.0d 1.0d 04-Sep-25 04-Sep-25
RED-5120 Remove Asphalt Pavement -Redstone 4.0d 4.0d 05-Sep-25 12-Sep-25
RED-5180 Remove Misc Concrete - Redstone 4.0d 4.0d 15-Sep-25 18-Sep-25
RED-5190 Excavate/ Embank to top of Subgrade - Redstone 7.0d 7.0d 16-Oct-25 28-Oct-25
RED-5200 Mix Lime Treated Subgrade - Redstone 4.0d 4.0d 29-Oct-25 03-Nov-25
RED-5210 Cure Lime Treated Subgrade - Redstone 2.0d 2.0d 04-Nov-25 05-Nov-25
RED-5220 Remix Lime Treated Subgrade - Redstone 4.0d 4.0d 07-Nov-25 13-Nov-25
RED-5230 Finish & Compact Lime Treated Subgrade - Redstone 4.0d 4.0d 14-Nov-25 21-Nov-25
RED-5240 Place 4" Asphalt Base - 1st Lift TY B - Redstone 3.0d 3.0d 24-Nov-25 26-Nov-25
RED-5260 F/P/S Concrete Driveway - Redstone 20.0d 20.0d 26-Nov-25 09-Jan-26
RED-5250 F/P/S Concrete Curb and Gutter - Redstone 19.0d 19.0d 01-Dec-25 09-Jan-26
RED-5270 F/P/S Sidewalk - Redstone 20.0d 20.0d 12-Jan-26 20-Feb-26
RED-5280 Install Curb Ramps - Redstone 2.0d 2.0d 19-Feb-26 20-Feb-26
RED-5300 Place Topsoil - Redstone 4.0d 4.0d 24-Feb-26 02-Mar-26
RED-5310 Place 2" Asphalt Ty D - Redstone 2.0d 2.0d 03-Mar-26 04-Mar-26
RED-5440 Place Sod - Redstone 5.0d 5.0d 05-Mar-26 13-Mar-26
RED-5320 Install Pavement Markings - Redstone 1.0d 1.0d 16-Mar-26 16-Mar-26
RED-5340 Sundt Internal Punchlist - Redstone 1.0d 1.0d 18-Mar-26 18-Mar-26
RED-5350 Sundt Internal Correct Punchlist - Redstone 5.0d 5.0d 19-Mar-26 25-Mar-26
RED-5360 Punchlist Walk - Redstone 1.0d 1.0d 27-Mar-26 27-Mar-26
TITANTITAN 109.0d 109.0d 04-Sep-25 03-Apr-26
TIT-5060 48 Hour Notification to City / Land Owner's - Titan 2.0d 2.0d 04-Sep-25 05-Sep-25
TIT-5050 Install Traffic Control - Titan (Utilities)1.0d 1.0d 08-Sep-25 08-Sep-25
TIT-2490 Locates & Trench Pavement Removal SS - Titan 1.0d 1.0d 10-Sep-25 10-Sep-25
TIT-2520 Locates & Trench Pavement Removal Water - Titan 1.0d 1.0d 10-Sep-25 10-Sep-25
TIT-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Titan 14.0d 14.0d 12-Sep-25 03-Oct-25
TIT-5070 E/L/B 4" San Sewer Services - Titan 20.0d 20.0d 12-Sep-25 15-Oct-25
TIT-2370 E/L/B 8" Water Line - Titan 13.0d 13.0d 16-Oct-25 07-Nov-25
TIT-5090 Post Construction CCTV Inspection - Titan 2.0d 2.0d 16-Oct-25 17-Oct-25
TIT-5100 E/L/B Water Line 1" Services - Titan 20.0d 20.0d 20-Oct-25 25-Nov-25
TIT-5170 Assist COD TS&V - Titan 1.0d 1.0d 26-Nov-25 26-Nov-25
TIT-5120 Remove Asphalt Pavement -Titan 2.0d 2.0d 01-Dec-25 03-Dec-25
TIT-5180 Remove Misc Concrete - Titan 3.0d 3.0d 05-Dec-25 09-Dec-25
TIT-5190 Excavate/ Embank to top of Subgrade - Titan 4.0d 4.0d 11-Dec-25 19-Dec-25
TIT-5200 Mix Lime Treated Subgrade - Titan 2.0d 2.0d 22-Dec-25 23-Dec-25
TIT-5210 Cure Lime Treated Subgrade - Titan 2.0d 2.0d 24-Dec-25 25-Dec-25
TIT-5220 Remix Lime Treated Subgrade - Titan 2.0d 2.0d 29-Dec-25 30-Dec-25
TIT-5230 Finish & Compact Lime Treated Subgrade - Titan 2.0d 2.0d 02-Jan-26 06-Jan-26
TIT-5240 Place 4" Asphalt Base - 1st Lift TY B - Titan 2.0d 2.0d 07-Jan-26 08-Jan-26
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
E/L/B 4" San Sewer Services - Redstone
E/L/B 8" Water Line - Redstone
Post Construction CCTV Inspection - Redstone
E/L/B Water Line 1" Services - Redstone
E/L/B Fire Hydrant Assembly - Redstone
Assist COD TS&V - Redstone
Remove Asphalt Pavement -Redstone
Remove Misc Concrete - Redstone
Excavate/ Embank to top of Subgrade - Redstone
Mix Lime Treated Subgrade - Redstone
Cure Lime Treated Subgrade - Redstone
Remix Lime Treated Subgrade - Redstone
Finish & Compact Lime Treated Subgrade - Redstone
Place 4" Asphalt Base - 1st Lift TY B - Redstone
F/P/S Concrete Driveway - Redstone
F/P/S Concrete Curb and Gutter - Redstone
F/P/S Sidewalk - Redstone
Install Curb Ramps - Redstone
Place Topsoil - Redstone
Place 2" Asphalt Ty D - Redstone
Place Sod - Redstone
Install Pavement Markings - Redstone
Sundt Internal Punchlist - Redstone
Sundt Internal Correct Punchlist - Redstone
Punchlist Walk - Redstone
48 Hour Notification to City / Land Owner's - Titan
Install Traffic Control - Titan (Utilities)
Locates & Trench Pavement Removal SS - Titan
Locates & Trench Pavement Removal Water - Titan
E/L/B 8" Sanitary Sewer Line w/ Manholes - Titan
E/L/B 4" San Sewer Services - Titan
E/L/B 8" Water Line - Titan
Post Construction CCTV Inspection - Titan
E/L/B Water Line 1" Services - Titan
Assist COD TS&V - Titan
Remove Asphalt Pavement -Titan
Remove Misc Concrete - Titan
Excavate/ Embank to top of Subgrade - Titan
Mix Lime Treated Subgrade - Titan
Cure Lime Treated Subgrade - Titan
Remix Lime Treated Subgrade - Titan
Finish & Compact Lime Treated Subgrade - Titan
Place 4" Asphalt Base - 1st Lift TY B - Titan
31-Oct-24 11:17
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 7 of 16
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
TIT-5250 F/P/S Concrete Curb and Gutter - Titan 10.0d 10.0d 09-Jan-26 30-Jan-26
TIT-5260 F/P/S Concrete Driveway - Titan 10.0d 10.0d 09-Jan-26 30-Jan-26
TIT-5270 F/P/S Sidewalk - Titan 2.0d 2.0d 02-Feb-26 03-Feb-26
TIT-5280 Install Curb Ramps - Titan 2.0d 2.0d 02-Feb-26 03-Feb-26
TIT-5300 Place Topsoil - Titan 2.0d 2.0d 04-Feb-26 06-Feb-26
TIT-5310 Place 2" Asphalt Ty D - Titan 1.0d 1.0d 18-Mar-26 18-Mar-26
TIT-5440 Place Sod - Titan 2.0d 2.0d 19-Mar-26 20-Mar-26
TIT-5320 Install Pavement Markings - Titan 1.0d 1.0d 23-Mar-26 23-Mar-26
TIT-5330 Remove and Reinstall Sign Panel Post - Titan 1.0d 1.0d 23-Mar-26 23-Mar-26
TIT-5340 Sundt Internal Punchlist - Titan 1.0d 1.0d 24-Mar-26 24-Mar-26
TIT-5350 Sundt Internal Correct Punchlist - Titan 5.0d 5.0d 25-Mar-26 02-Apr-26
TIT-5360 Punchlist Walk - Titan 1.0d 1.0d 03-Apr-26 03-Apr-26
JUPITERJUPITER 90.0d 90.0d 03-Jan-26 17-Jun-26
JUP-5060 48 Hour Notification to City / Land Owner's - Jupiter 2.0d 2.0d 03-Jan-26 04-Jan-26
JUP-5050 Install Traffic Control - Jupiter (Utilities)1.0d 1.0d 06-Jan-26 06-Jan-26
JUP-2490 Locates & Trench Pavement Removal SS - Jupiter 1.0d 1.0d 07-Jan-26 07-Jan-26
JUP-2520 Locates & Trench Pavement Removal Water - Jupiter 1.0d 1.0d 07-Jan-26 07-Jan-26
JUP-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Jupiter 20.0d 20.0d 08-Jan-26 17-Feb-26
JUP-5070 E/L/B 4" San Sewer Services - Jupiter 22.0d 22.0d 08-Jan-26 20-Feb-26
JUP-2370 E/L/B 8" Water Line - Jupiter 13.0d 13.0d 24-Feb-26 18-Mar-26
JUP-5090 Post Construction CCTV Inspection - Jupiter 2.0d 2.0d 24-Feb-26 26-Feb-26
JUP-5100 E/L/B Water Line 1" Services - Jupiter 22.0d 22.0d 27-Feb-26 06-Apr-26
JUP-5110 E/L/B Fire Hydrant Assembly - Jupiter 2.0d 2.0d 08-Apr-26 09-Apr-26
JUP-5170 Assist COD TS&V - Jupiter 1.0d 1.0d 10-Apr-26 10-Apr-26
JUP-5120 Remove Asphalt Pavement -Jupiter 2.0d 2.0d 13-Apr-26 14-Apr-26
JUP-5180 Remove Misc Concrete - Jupiter 2.0d 2.0d 16-Apr-26 17-Apr-26
JUP-5190 Excavate/ Embank to top of Subgrade - Jupiter 2.0d 2.0d 20-Apr-26 21-Apr-26
JUP-5200 Mix Lime Treated Subgrade - Jupiter 2.0d 2.0d 22-Apr-26 23-Apr-26
JUP-5210 Cure Lime Treated Subgrade - Jupiter 2.0d 2.0d 24-Apr-26 25-Apr-26
JUP-5220 Remix Lime Treated Subgrade - Jupiter 2.0d 2.0d 27-Apr-26 28-Apr-26
JUP-5230 Finish & Compact Lime Treated Subgrade - Jupiter 2.0d 2.0d 30-Apr-26 01-May-26
JUP-5240 Place 4" Asphalt Base - 1st Lift TY B - Jupiter 2.0d 2.0d 05-May-26 06-May-26
JUP-5250 F/P/S Concrete Curb and Gutter - Jupiter 9.0d 9.0d 07-May-26 22-May-26
JUP-5260 F/P/S Concrete Driveway - Jupiter 3.0d 3.0d 20-May-26 22-May-26
JUP-5270 F/P/S Concrete Pavement - Jupiter 2.0d 2.0d 21-May-26 22-May-26
JUP-5300 Place Topsoil - Jupiter 2.0d 2.0d 26-May-26 27-May-26
JUP-5310 Place 2" Asphalt Ty D - Jupiter 2.0d 2.0d 28-May-26 29-May-26
JUP-5440 Place Sod - Jupiter 3.0d 3.0d 01-Jun-26 03-Jun-26
JUP-5320 Install Pavement Markings - Jupiter 1.0d 1.0d 04-Jun-26 04-Jun-26
JUP-5340 Sundt Internal Punchlist - Jupiter 1.0d 1.0d 05-Jun-26 05-Jun-26
JUP-5350 Sundt Internal Correct Punchlist - Jupiter 5.0d 5.0d 08-Jun-26 15-Jun-26
JUP-5360 Punchlist Walk - Jupiter 1.0d 1.0d 17-Jun-26 17-Jun-26
SIDEWALK AND LIGHTING IMPROVEMENTS - 1B-1SIDEWALK AND LIGHTING IMPROVEMENTS - 1B-1 0.0d 0.0d
AREA 1B-2 - SOUTH OF HERCULES LANEAREA 1B-2 - SOUTH OF HERCULES LANE 294.0d 294.0d 10-Apr-25 08-Sep-26
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
F/P/S Concrete Curb and Gutter - Titan
F/P/S Concrete Driveway - Titan
F/P/S Sidewalk - Titan
Install Curb Ramps - Titan
Place Topsoil - Titan
Place 2" Asphalt Ty D - Titan
Place Sod - Titan
Install Pavement Markings - Titan
Remove and Reinstall Sign Panel Post - Titan
Sundt Internal Punchlist - Titan
Sundt Internal Correct Punchlist - Titan
Punchlist Walk - Titan
48 Hour Notification to City / Land Owner's - Jupiter
Install Traffic Control - Jupiter (Utilities)
Locates & Trench Pavement Removal SS - Jupiter
Locates & Trench Pavement Removal Water - Jupiter
E/L/B 8" Sanitary Sewer Line w/ Manholes - Jupiter
E/L/B 4" San Sewer Services - Jupiter
E/L/B 8" Water Line - Jupiter
Post Construction CCTV Inspection - Jupiter
E/L/B Water Line 1" Services - Jupiter
E/L/B Fire Hydrant Assembly - Jupiter
Assist COD TS&V - Jupiter
Remove Asphalt Pavement -Jupiter
Remove Misc Concrete - Jupiter
Excavate/ Embank to top of Subgrade - Jupiter
Mix Lime Treated Subgrade - Jupiter
Cure Lime Treated Subgrade - Jupiter
Remix Lime Treated Subgrade - Jupiter
Finish & Compact Lime Treated Subgrade - Jupiter
Place 4" Asphalt Base - 1st Lift TY B - Jupiter
F/P/S Concrete Curb and Gutter - Jupiter
F/P/S Concrete Driveway - Jupiter
F/P/S Concrete Pavement - Jupiter
Place Topsoil - Jupiter
Place 2" Asphalt Ty D - Jupiter
Place Sod - Jupiter
Install Pavement Markings - Jupiter
Sundt Internal Punchlist - Jupiter
Sundt Internal Correct Punchlist - Jupiter
Punchlist Walk - Jupiter
31-Oct-24 11:17
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 8 of 16
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
HUISACHEHUISACHE 67.0d 67.0d 10-Apr-25 30-Jul-25
HUI-5060 48 Hour Notification to City / Land Owner's - Huisache 2.0d 2.0d 10-Apr-25 11-Apr-25
HUI-5050 Install Traffic Control - Huisache (Utilities)1.0d 1.0d 14-Apr-25 14-Apr-25
HUI-2490 Locates & Trench Pavement Removal SS - Huisache 2.0d 2.0d 16-Apr-25 17-Apr-25
HUI-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Huisache 19.0d 19.0d 18-Apr-25 16-May-25
HUI-5070 E/L/B 4" San Sewer Services - Huisache 20.0d 20.0d 18-Apr-25 19-May-25
HUI-2380 Concrete Paving Repair for Utility Trench - Huisache 2.0d 2.0d 19-May-25 20-May-25
HUI-5090 Post Construction CCTV Inspection - Huisache 1.0d 1.0d 21-May-25 21-May-25
HUI-5120 Remove Asphalt Pavement - Huisache 2.0d 2.0d 23-May-25 27-May-25
HUI-5430 Remove 2" Surface Milling - Huisache 2.0d 2.0d 23-May-25 27-May-25
HUI-5180 Remove Misc Concrete - Huisache 3.0d 3.0d 29-May-25 02-Jun-25
HUI-5190 Excavate/ Embank to top of Subgrade - Huisache 3.0d 3.0d 04-Jun-25 06-Jun-25
HUI-5200 Mix Lime Treated Subgrade - Huisache 2.0d 2.0d 09-Jun-25 10-Jun-25
HUI-5210 Cure Lime Treated Subgrade - Huisache 2.0d 2.0d 11-Jun-25 12-Jun-25
HUI-5220 Remix Lime Treated Subgrade - Huisache 2.0d 2.0d 13-Jun-25 16-Jun-25
HUI-5230 Finish & Compact Lime Treated Subgrade - Huisache 2.0d 2.0d 17-Jun-25 18-Jun-25
HUI-5240 Place 4" Asphalt Base - 1st Lift TY B - Huisache 2.0d 2.0d 20-Jun-25 23-Jun-25
HUI-5250 F/P/S Concrete Curb and Gutter - Huisache 10.0d 10.0d 24-Jun-25 10-Jul-25
HUI-5260 F/P/S Concrete Driveway - Huisache 5.0d 5.0d 02-Jul-25 10-Jul-25
HUI-5270 F/P/S Sidewalk - Huisache 1.0d 1.0d 11-Jul-25 11-Jul-25
HUI-5300 Place Topsoil - Huisache 2.0d 2.0d 14-Jul-25 15-Jul-25
HUI-5310 Place 2" Asphalt Ty C - Huisache 1.0d 1.0d 16-Jul-25 16-Jul-25
HUI-5440 Place Sod - Huisache 2.0d 2.0d 17-Jul-25 18-Jul-25
HUI-5340 Sundt Internal Punchlist - Huisache 1.0d 1.0d 21-Jul-25 21-Jul-25
HUI-5350 Sundt Internal Correct Punchlist - Huisache 5.0d 5.0d 22-Jul-25 29-Jul-25
HUI-5360 Punchlist Walk - Huisache 1.0d 1.0d 30-Jul-25 30-Jul-25
CACTUSCACTUS 68.0d 68.0d 21-May-25 10-Sep-25
CAC-5060 48 Hour Notification to City / Land Owner's - Cactus 2.0d 2.0d 21-May-25 22-May-25
CAC-5050 Install Traffic Control - Cactus (Utilities)1.0d 1.0d 23-May-25 23-May-25
CAC-2490 Locates & Trench Pavement Removal SS - Cactus 2.0d 2.0d 27-May-25 29-May-25
CAC-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Cactus 11.0d 11.0d 30-May-25 16-Jun-25
CAC-5070 E/L/B 4" San Sewer Services - Cactus 11.0d 11.0d 30-May-25 16-Jun-25
CAC-5090 Post Construction CCTV Inspection - Cactus 1.0d 1.0d 17-Jun-25 17-Jun-25
CAC-5120 Remove Asphalt Pavement -Cactus 2.0d 2.0d 20-Jun-25 23-Jun-25
CAC-5180 Remove Misc Concrete - Cactus 2.0d 2.0d 21-Jul-25 22-Jul-25
CAC-5430 Remove 2" Surface Milling - Cactus 2.0d 2.0d 21-Jul-25 22-Jul-25
CAC-5190 Excavate/ Embank to top of Subgrade - Cactus 2.0d 2.0d 23-Jul-25 25-Jul-25
CAC-5200 Mix Lime Treated Subgrade - Cactus 2.0d 2.0d 28-Jul-25 29-Jul-25
CAC-5210 Cure Lime Treated Subgrade - Cactus 2.0d 2.0d 30-Jul-25 31-Jul-25
CAC-5220 Remix Lime Treated Subgrade - Cactus 2.0d 2.0d 01-Aug-25 04-Aug-25
CAC-5230 Finish & Compact Lime Treated Subgrade - Cactus 2.0d 2.0d 05-Aug-25 06-Aug-25
CAC-5240 Place 4" Asphalt Base - 1st Lift TY B - Cactus 2.0d 2.0d 08-Aug-25 11-Aug-25
CAC-5250 F/P/S Concrete Curb and Gutter - Cactus 6.0d 6.0d 12-Aug-25 19-Aug-25
CAC-5260 F/P/S Concrete Driveway - Cactus 3.0d 3.0d 15-Aug-25 19-Aug-25
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
48 Hour Notification to City / Land Owner's - Huisache
Install Traffic Control - Huisache (Utilities)
Locates & Trench Pavement Removal SS - Huisache
E/L/B 8" Sanitary Sewer Line w/ Manholes - Huisache
E/L/B 4" San Sewer Services - Huisache
Concrete Paving Repair for Utility Trench - Huisache
Post Construction CCTV Inspection - Huisache
Remove Asphalt Pavement - Huisache
Remove 2" Surface Milling - Huisache
Remove Misc Concrete - Huisache
Excavate/ Embank to top of Subgrade - Huisache
Mix Lime Treated Subgrade - Huisache
Cure Lime Treated Subgrade - Huisache
Remix Lime Treated Subgrade - Huisache
Finish & Compact Lime Treated Subgrade - Huisache
Place 4" Asphalt Base - 1st Lift TY B - Huisache
F/P/S Concrete Curb and Gutter - Huisache
F/P/S Concrete Driveway - Huisache
F/P/S Sidewalk - Huisache
Place Topsoil - Huisache
Place 2" Asphalt Ty C - Huisache
Place Sod - Huisache
Sundt Internal Punchlist - Huisache
Sundt Internal Correct Punchlist - Huisache
Punchlist Walk - Huisache
48 Hour Notification to City / Land Owner's - Cactus
Install Traffic Control - Cactus (Utilities)
Locates & Trench Pavement Removal SS - Cactus
E/L/B 8" Sanitary Sewer Line w/ Manholes - Cactus
E/L/B 4" San Sewer Services - Cactus
Post Construction CCTV Inspection - Cactus
Remove Asphalt Pavement -Cactus
Remove Misc Concrete - Cactus
Remove 2" Surface Milling - Cactus
Excavate/ Embank to top of Subgrade - Cactus
Mix Lime Treated Subgrade - Cactus
Cure Lime Treated Subgrade - Cactus
Remix Lime Treated Subgrade - Cactus
Finish & Compact Lime Treated Subgrade - Cactus
Place 4" Asphalt Base - 1st Lift TY B - Cactus
F/P/S Concrete Curb and Gutter - Cactus
F/P/S Concrete Driveway - Cactus
31-Oct-24 11:17
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 9 of 16
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
CAC-5270 F/P/S Concrete Pavement - Cactus 1.0d 1.0d 20-Aug-25 20-Aug-25
CAC-5300 Place Topsoil - Cactus 2.0d 2.0d 21-Aug-25 22-Aug-25
CAC-5310 Place 2" Asphalt Ty D - Cactus 1.0d 1.0d 25-Aug-25 25-Aug-25
CAC-5440 Place Sod - Cactus 2.0d 2.0d 26-Aug-25 28-Aug-25
CAC-5340 Sundt Internal Punchlist - Cactus 1.0d 1.0d 29-Aug-25 29-Aug-25
CAC-5350 Sundt Internal Correct Punchlist - Cactus 5.0d 5.0d 02-Sep-25 08-Sep-25
CAC-5360 Punchlist Walk - Cactus 1.0d 1.0d 10-Sep-25 10-Sep-25
SUNNYDALESUNNYDALE 87.0d 87.0d 18-Jun-25 11-Nov-25
SUN-5060 48 Hour Notification to City / Land Owner's - Sunnydale 2.0d 2.0d 18-Jun-25 19-Jun-25
SUN-5050 Install Traffic Control - Sunnydale (Utilities)2.0d 2.0d 20-Jun-25 23-Jun-25
SUN-2490 Locates & Trench Pavement Removal SS - Sunnydale 2.0d 2.0d 24-Jun-25 26-Jun-25
SUN-2360 E/L/B 10" Sanitary Sewer Line w/ Manholes - Sunnydale 22.0d 22.0d 27-Jun-25 31-Jul-25
SUN-5070 E/L/B 4" San Sewer Services - Sunnydale 27.0d 27.0d 27-Jun-25 08-Aug-25
SUN-2380 Concrete Paving Repair for Utility Trench - Sunnydale 2.0d 2.0d 01-Aug-25 04-Aug-25
SUN-5090 Post Construction CCTV Inspection - Sunnydale 1.0d 1.0d 11-Aug-25 11-Aug-25
SUN-5120 Remove Asphalt Pavement -Sunnydale 2.0d 2.0d 12-Aug-25 13-Aug-25
SUN-5180 Remove Misc Concrete - Sunnydale 2.0d 2.0d 14-Aug-25 15-Aug-25
SUN-5190 Excavate/ Embank to top of Subgrade - Sunnydale 3.0d 3.0d 18-Aug-25 20-Aug-25
SUN-5200 Mix Lime Treated Subgrade - Sunnydale 3.0d 3.0d 21-Aug-25 25-Aug-25
SUN-5210 Cure Lime Treated Subgrade - Sunnydale 2.0d 2.0d 26-Aug-25 27-Aug-25
SUN-5220 Remix Lime Treated Subgrade - Sunnydale 2.0d 2.0d 28-Aug-25 29-Aug-25
SUN-5230 Finish & Compact Lime Treated Subgrade - Sunnydale 2.0d 2.0d 02-Sep-25 03-Sep-25
SUN-5240 Place 4" Asphalt Base - 1st Lift TY B - Sunnydale 2.0d 2.0d 04-Sep-25 05-Sep-25
SUN-5260 F/P/S Concrete Driveway - Sunnydale 11.0d 11.0d 05-Sep-25 24-Sep-25
SUN-5250 F/P/S Concrete Curb and Gutter - Sunnydale 10.0d 10.0d 08-Sep-25 24-Sep-25
SUN-5270 F/P/S Sidewalk - Sunnydale 10.0d 10.0d 26-Sep-25 13-Oct-25
SUN-5300 Place Topsoil - Sunnydale 2.0d 2.0d 14-Oct-25 15-Oct-25
SUN-5310 Place 2" Asphalt Ty D - Sunnydale 3.0d 3.0d 16-Oct-25 20-Oct-25
SUN-5440 Place Sod - Sunnydale 4.0d 4.0d 22-Oct-25 28-Oct-25
SUN-5320 Install Pavement Markings - Sunnydale 1.0d 1.0d 29-Oct-25 29-Oct-25
SUN-5340 Sundt Internal Punchlist - Sunnydale 1.0d 1.0d 30-Oct-25 30-Oct-25
SUN-5350 Sundt Internal Correct Punchlist - Sunnydale 5.0d 5.0d 31-Oct-25 10-Nov-25
SUN-5360 Punchlist Walk - Sunnydale 1.0d 1.0d 11-Nov-25 11-Nov-25
HUNTINGTONHUNTINGTON 40.0d 40.0d 27-Sep-25 11-Dec-25
HUN-5060 48 Hour Notification to City / Land Owner's - Huntington 2.0d 2.0d 27-Sep-25 28-Sep-25
HUN-5050 Install Traffic Control - Huntington (Utilities)1.0d 1.0d 29-Sep-25 29-Sep-25
HUN-2490 Locates & Trench Pavement Removal SS - Huntington 2.0d 2.0d 30-Sep-25 01-Oct-25
HUN-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Huntington 6.0d 6.0d 02-Oct-25 13-Oct-25
HUN-5070 E/L/B 4" San Sewer Services - Huntington 4.0d 4.0d 14-Oct-25 17-Oct-25
HUN-2380 Concrete Paving Repair for Utility Trench - Huntington 2.0d 2.0d 14-Oct-25 15-Oct-25
HUN-5090 Post Construction CCTV Inspection - Huntington 1.0d 1.0d 20-Oct-25 20-Oct-25
HUN-5120 Remove Asphalt Pavement -Huntington 1.0d 1.0d 24-Oct-25 24-Oct-25
HUN-5180 Remove Misc Concrete - Huntington 2.0d 2.0d 27-Oct-25 28-Oct-25
HUN-5190 Excavate/ Embank to top of Subgrade - Huntington 2.0d 2.0d 29-Oct-25 30-Oct-25
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
F/P/S Concrete Pavement - Cactus
Place Topsoil - Cactus
Place 2" Asphalt Ty D - Cactus
Place Sod - Cactus
Sundt Internal Punchlist - Cactus
Sundt Internal Correct Punchlist - Cactus
Punchlist Walk - Cactus
48 Hour Notification to City / Land Owner's - Sunnydale
Install Traffic Control - Sunnydale (Utilities)
Locates & Trench Pavement Removal SS - Sunnydale
E/L/B 10" Sanitary Sewer Line w/ Manholes - Sunnydale
E/L/B 4" San Sewer Services - Sunnydale
Concrete Paving Repair for Utility Trench - Sunnydale
Post Construction CCTV Inspection - Sunnydale
Remove Asphalt Pavement -Sunnydale
Remove Misc Concrete - Sunnydale
Excavate/ Embank to top of Subgrade - Sunnydale
Mix Lime Treated Subgrade - Sunnydale
Cure Lime Treated Subgrade - Sunnydale
Remix Lime Treated Subgrade - Sunnydale
Finish & Compact Lime Treated Subgrade - Sunnydale
Place 4" Asphalt Base - 1st Lift TY B - Sunnydale
F/P/S Concrete Driveway - Sunnydale
F/P/S Concrete Curb and Gutter - Sunnydale
F/P/S Sidewalk - Sunnydale
Place Topsoil - Sunnydale
Place 2" Asphalt Ty D - Sunnydale
Place Sod - Sunnydale
Install Pavement Markings - Sunnydale
Sundt Internal Punchlist - Sunnydale
Sundt Internal Correct Punchlist - Sunnydale
Punchlist Walk - Sunnydale
48 Hour Notification to City / Land Owner's - Huntington
Install Traffic Control - Huntington (Utilities)
Locates & Trench Pavement Removal SS - Huntington
E/L/B 8" Sanitary Sewer Line w/ Manholes - Huntington
E/L/B 4" San Sewer Services - Huntington
Concrete Paving Repair for Utility Trench - Huntington
Post Construction CCTV Inspection - Huntington
Remove Asphalt Pavement -Huntington
Remove Misc Concrete - Huntington
Excavate/ Embank to top of Subgrade - Huntington
31-Oct-24 11:17
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 10 of 16
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
HUN-5200 Mix Lime Treated Subgrade - Huntington 1.0d 1.0d 31-Oct-25 31-Oct-25
HUN-5210 Cure Lime Treated Subgrade - Huntington 2.0d 2.0d 01-Nov-25 02-Nov-25
HUN-5220 Remix Lime Treated Subgrade - Huntington 1.0d 1.0d 03-Nov-25 03-Nov-25
HUN-5230 Finish & Compact Lime Treated Subgrade - Huntington 1.0d 1.0d 05-Nov-25 05-Nov-25
HUN-5240 Place 4" Asphalt Base - 1st Lift TY B - Huntington 1.0d 1.0d 07-Nov-25 07-Nov-25
HUN-5250 F/P/S Concrete Curb and Gutter - Huntington 4.0d 4.0d 10-Nov-25 14-Nov-25
HUN-5260 F/P/S Concrete Driveway - Huntington 2.0d 2.0d 13-Nov-25 14-Nov-25
HUN-5270 F/P/S Sidewalk - Huntington 1.0d 1.0d 17-Nov-25 17-Nov-25
HUN-5310 Place 2" Asphalt Ty C - Huntington 1.0d 1.0d 19-Nov-25 19-Nov-25
HUN-5300 Place Topsoil - Huntington 1.0d 1.0d 21-Nov-25 21-Nov-25
HUN-5440 Place Sod - Huntington 1.0d 1.0d 24-Nov-25 24-Nov-25
HUN-5320 Install Pavement Markings - Huntington 1.0d 1.0d 25-Nov-25 25-Nov-25
HUN-5340 Sundt Internal Punchlist - Huntington 1.0d 1.0d 26-Nov-25 26-Nov-25
HUN-5350 Sundt Internal Correct Punchlist - Huntington 5.0d 5.0d 01-Dec-25 09-Dec-25
HUN-5360 Punchlist Walk - Huntington 1.0d 1.0d 11-Dec-25 11-Dec-25
SHERATON RD.SHERATON RD.79.0d 79.0d 12-Aug-25 07-Jan-26
SHE1910 48 Hour Notification to City / Land Owner's - Sheraton Rd.2.0d 2.0d 12-Aug-25 13-Aug-25
SHE1920 Install Traffic Control - Sheraton Rd.1.0d 1.0d 14-Aug-25 14-Aug-25
SHE1930 Locates & Trench Pavement Removal SS - Sheraton Rd.2.0d 2.0d 15-Aug-25 18-Aug-25
SHE-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Sheraton Rd.20.0d 20.0d 19-Aug-25 19-Sep-25
SHE-5070 E/L/B 4" San Sewer Services - Sheraton Rd.11.0d 11.0d 03-Sep-25 19-Sep-25
SHE-2380 Flexible Paving Repair for Utility Trench - Sheraton Rd.2.0d 2.0d 22-Sep-25 24-Sep-25
SHE-5090 Post Construction CCTV Inspection - Sheraton Rd.1.0d 1.0d 26-Sep-25 26-Sep-25
SHE1940 Remove Asphalt Pavement - Sheraton Rd.2.0d 2.0d 29-Sep-25 30-Sep-25
SHE1950 Remove Misc Concrete - Sheraton Rd.2.0d 2.0d 01-Oct-25 02-Oct-25
SHE1960 Excavate / Embank to top of Subgrade - Sheraton Rd.3.0d 3.0d 03-Oct-25 08-Oct-25
SHE1970 Mix Lime Treated Subgrade - Sheraton Rd.2.0d 2.0d 10-Oct-25 13-Oct-25
SHE1980 Cure Lime Treated Subgrade - Sheraton Rd.2.0d 2.0d 14-Oct-25 15-Oct-25
SHE1990 Remix Lime Treated Subgrade - Sheraton Rd.2.0d 2.0d 16-Oct-25 17-Oct-25
SHE2000 Finish & Compact Lime Treated Subgrade - Sheraton Rd.2.0d 2.0d 20-Oct-25 22-Oct-25
SHE2010 Place 4" Asphalt Base - 1st Lift - Sheraton Rd.2.0d 2.0d 24-Oct-25 27-Oct-25
SHE2020 F/P/S Concrete Curb & Gutter - Sheraton Rd.10.0d 10.0d 28-Oct-25 13-Nov-25
SHE2030 F/P/S Concrete Pavement - Sheraton Rd.5.0d 5.0d 14-Nov-25 24-Nov-25
SHE2040 Inlet Throat Remove & Replace - Sheraton Rd.3.0d 3.0d 25-Nov-25 01-Dec-25
SHE2060 F/P/S Concrete Driveway - Sheraton Rd.6.0d 6.0d 25-Nov-25 08-Dec-25
SHE2050 F/P/S Sidewalk - Sheraton Rd.1.0d 1.0d 09-Dec-25 09-Dec-25
SHE2090 Place Topsoil - Sheraton Rd.2.0d 2.0d 11-Dec-25 15-Dec-25
SHE2080 Place 2" Asphalt - Sheraton Rd.1.0d 1.0d 17-Dec-25 17-Dec-25
SHE2100 Place Sod - Sheraton Rd.3.0d 3.0d 17-Dec-25 22-Dec-25
SHE2120 Remove & Reinstall Sign Panel & Post - Sheraton Rd.1.0d 1.0d 17-Dec-25 17-Dec-25
SHE2110 Install Pavement Markings - Sheraton Rd.1.0d 1.0d 19-Dec-25 19-Dec-25
SHE2130 Sundt Internal Punchlist - Sheraton Rd.1.0d 1.0d 23-Dec-25 23-Dec-25
SHE2140 Sundt Internal Correct Punchlist - Sheraton Rd.5.0d 5.0d 24-Dec-25 06-Jan-26
SHE2150 Punchlist Walk - Sheraton Rd.1.0d 1.0d 07-Jan-26 07-Jan-26
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
Mix Lime Treated Subgrade - Huntington
Cure Lime Treated Subgrade - Huntington
Remix Lime Treated Subgrade - Huntington
Finish & Compact Lime Treated Subgrade - Huntington
Place 4" Asphalt Base - 1st Lift TY B - Huntington
F/P/S Concrete Curb and Gutter - Huntington
F/P/S Concrete Driveway - Huntington
F/P/S Sidewalk - Huntington
Place 2" Asphalt Ty C - Huntington
Place Topsoil - Huntington
Place Sod - Huntington
Install Pavement Markings - Huntington
Sundt Internal Punchlist - Huntington
Sundt Internal Correct Punchlist - Huntington
Punchlist Walk - Huntington
48 Hour Notification to City / Land Owner's - Sheraton Rd.
Install Traffic Control - Sheraton Rd.
Locates & Trench Pavement Removal SS - Sheraton Rd.
E/L/B 8" Sanitary Sewer Line w/ Manholes - Sheraton Rd.
E/L/B 4" San Sewer Services - Sheraton Rd.
Flexible Paving Repair for Utility Trench - Sheraton Rd.
Post Construction CCTV Inspection - Sheraton Rd.
Remove Asphalt Pavement - Sheraton Rd.
Remove Misc Concrete - Sheraton Rd.
Excavate / Embank to top of Subgrade - Sheraton Rd.
Mix Lime Treated Subgrade - Sheraton Rd.
Cure Lime Treated Subgrade - Sheraton Rd.
Remix Lime Treated Subgrade - Sheraton Rd.
Finish & Compact Lime Treated Subgrade - Sheraton Rd.
Place 4" Asphalt Base - 1st Lift - Sheraton Rd.
F/P/S Concrete Curb & Gutter - Sheraton Rd.
F/P/S Concrete Pavement - Sheraton Rd.
Inlet Throat Remove & Replace - Sheraton Rd.
F/P/S Concrete Driveway - Sheraton Rd.
F/P/S Sidewalk - Sheraton Rd.
Place Topsoil - Sheraton Rd.
Place 2" Asphalt - Sheraton Rd.
Place Sod - Sheraton Rd.
Remove & Reinstall Sign Panel & Post - Sheraton Rd.
Install Pavement Markings - Sheraton Rd.
Sundt Internal Punchlist - Sheraton Rd.
Sundt Internal Correct Punchlist - Sheraton Rd.
Punchlist Walk - Sheraton Rd.
31-Oct-24 11:17
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 11 of 16
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
BUCKINGHAMBUCKINGHAM 98.0d 98.0d 21-Oct-25 30-Apr-26
BUC-5060 48 Hour Notification to City / Land Owner's - Buckingham 2.0d 2.0d 21-Oct-25 22-Oct-25
BUC-5050 Install Traffic Control - Buckingham (Utilities)2.0d 2.0d 24-Oct-25 27-Oct-25
BUC-2490 Locates & Trench Pavement Removal SS - Buckingham 2.0d 2.0d 28-Oct-25 29-Oct-25
BUC-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Buckingham 32.0d 32.0d 30-Oct-25 07-Jan-26
BUC-5070 E/L/B 4" San Sewer Services - Buckingham 18.0d 18.0d 26-Nov-25 07-Jan-26
BUC-5090 Post Construction CCTV Inspection - Buckingham 2.0d 2.0d 08-Jan-26 09-Jan-26
BUC-5120 Remove Asphalt Pavement -Buckingham 4.0d 4.0d 12-Jan-26 22-Jan-26
BUC-5180 Remove Misc Concrete - Buckingham 3.0d 3.0d 23-Jan-26 27-Jan-26
BUC-5190 Excavate/ Embank to top of Subgrade - Buckingham 6.0d 6.0d 28-Jan-26 06-Feb-26
BUC-5200 Mix Lime Treated Subgrade - Buckingham 3.0d 3.0d 10-Feb-26 13-Feb-26
BUC-5210 Cure Lime Treated Subgrade - Buckingham 2.0d 2.0d 14-Feb-26 15-Feb-26
BUC-5220 Remix Lime Treated Subgrade - Buckingham 3.0d 3.0d 16-Feb-26 19-Feb-26
BUC-5230 Finish & Compact Lime Treated Subgrade - Buckingham 3.0d 3.0d 20-Feb-26 26-Feb-26
BUC-5240 Place 4" Asphalt Base - 1st Lift TY B - Buckingham 3.0d 3.0d 27-Feb-26 03-Mar-26
BUC-5250 F/P/S Concrete Curb and Gutter - Buckingham 19.0d 19.0d 04-Mar-26 06-Apr-26
BUC-5260 F/P/S Concrete Driveway - Buckingham 6.0d 6.0d 27-Mar-26 06-Apr-26
BUC-5280 Install Curb Ramps - Buckingham 2.0d 2.0d 06-Apr-26 08-Apr-26
BUC-5270 F/P/S Sidewalk - Buckingham 1.0d 1.0d 08-Apr-26 08-Apr-26
BUC-5300 Place Topsoil - Buckingham 2.0d 2.0d 09-Apr-26 10-Apr-26
BUC-5310 Place 2" Asphalt Ty D - Buckingham 2.0d 2.0d 13-Apr-26 14-Apr-26
BUC-5440 Place Sod - Buckingham 2.0d 2.0d 16-Apr-26 17-Apr-26
BUC-5320 Install Pavement Markings - Buckingham 1.0d 1.0d 20-Apr-26 20-Apr-26
BUC-5330 Remove and Reinstall Sign Panel Post - Buckingham 1.0d 1.0d 20-Apr-26 20-Apr-26
BUC-5340 Sundt Internal Punchlist - Buckingham 1.0d 1.0d 21-Apr-26 21-Apr-26
BUC-5350 Sundt Internal Correct Punchlist - Buckingham 5.0d 5.0d 22-Apr-26 28-Apr-26
BUC-5360 Punchlist Walk - Buckingham 1.0d 1.0d 30-Apr-26 30-Apr-26
ROYAL ACRESROYAL ACRES 105.0d 105.0d 10-Jan-26 15-Jul-26
ROY-5060 48 Hour Notification to City / Land Owner's - Royal Acres 2.0d 2.0d 10-Jan-26 11-Jan-26
ROY-5050 Install Traffic Control - Royal Acres (Utilities)2.0d 2.0d 12-Jan-26 14-Jan-26
ROY-2490 Locates & Trench Pavement Removal SS - Royal Acres 1.0d 1.0d 20-Jan-26 20-Jan-26
ROY-2520 Locates & Trench Pavement Removal Water - Royal Acres 1.0d 1.0d 20-Jan-26 20-Jan-26
ROY-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Royal Acres 25.0d 25.0d 22-Jan-26 09-Mar-26
ROY-5070 E/L/B 4" San Sewer Services - Royal Acres 17.0d 17.0d 04-Feb-26 09-Mar-26
ROY-2370 E/L/B 8" Water Line - Royal Acres 19.0d 19.0d 10-Mar-26 10-Apr-26
ROY-5090 Post Construction CCTV Inspection - Royal Acres 2.0d 2.0d 10-Mar-26 12-Mar-26
ROY-5100 E/L/B Water Line 1" Services - Royal Acres 18.0d 18.0d 13-Mar-26 13-Apr-26
ROY-5140 6" Water Main Connection w/ Shutdown - Royal Acres 2.0d 2.0d 13-Apr-26 14-Apr-26
ROY-5410 Concrete Paving Repair for Utility Trench - Royal Acres 2.0d 2.0d 13-Apr-26 14-Apr-26
ROY-5110 E/L/B Fire Hydrant Assembly - Royal Acres 2.0d 2.0d 14-Apr-26 16-Apr-26
ROY-5170 Assist COD TS&V - Royal Acres 2.0d 2.0d 17-Apr-26 20-Apr-26
ROY-5120 Remove Asphalt Pavement -Royal Acres 3.0d 3.0d 21-Apr-26 23-Apr-26
ROY-5180 Remove Misc Concrete - Royal Acres 2.0d 2.0d 24-Apr-26 27-Apr-26
ROY-5190 Excavate/ Embank to top of Subgrade - Royal Acres 5.0d 5.0d 28-Apr-26 06-May-26
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
48 Hour Notification to City / Land Owner's - Buckingham
Install Traffic Control - Buckingham (Utilities)
Locates & Trench Pavement Removal SS - Buckingham
E/L/B 8" Sanitary Sewer Line w/ Manholes - Buckingham
E/L/B 4" San Sewer Services - Buckingham
Post Construction CCTV Inspection - Buckingham
Remove Asphalt Pavement -Buckingham
Remove Misc Concrete - Buckingham
Excavate/ Embank to top of Subgrade - Buckingham
Mix Lime Treated Subgrade - Buckingham
Cure Lime Treated Subgrade - Buckingham
Remix Lime Treated Subgrade - Buckingham
Finish & Compact Lime Treated Subgrade - Buckingham
Place 4" Asphalt Base - 1st Lift TY B - Buckingham
F/P/S Concrete Curb and Gutter - Buckingham
F/P/S Concrete Driveway - Buckingham
Install Curb Ramps - Buckingham
F/P/S Sidewalk - Buckingham
Place Topsoil - Buckingham
Place 2" Asphalt Ty D - Buckingham
Place Sod - Buckingham
Install Pavement Markings - Buckingham
Remove and Reinstall Sign Panel Post - Buckingham
Sundt Internal Punchlist - Buckingham
Sundt Internal Correct Punchlist - Buckingham
Punchlist Walk - Buckingham
48 Hour Notification to City / Land Owner's - Royal Acres
Install Traffic Control - Royal Acres (Utilities)
Locates & Trench Pavement Removal SS - Royal Acres
Locates & Trench Pavement Removal Water - Royal Acres
E/L/B 8" Sanitary Sewer Line w/ Manholes - Royal Acres
E/L/B 4" San Sewer Services - Royal Acres
E/L/B 8" Water Line - Royal Acres
Post Construction CCTV Inspection - Royal Acres
E/L/B Water Line 1" Services - Royal Acres
6" Water Main Connection w/ Shutdown - Royal Acres
Concrete Paving Repair for Utility Trench - Royal Acres
E/L/B Fire Hydrant Assembly - Royal Acres
Assist COD TS&V - Royal Acres
Remove Asphalt Pavement -Royal Acres
Remove Misc Concrete - Royal Acres
Excavate/ Embank to top of Subgrade - Royal Acres
31-Oct-24 11:18
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 12 of 16
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
ROY-5200 Mix Lime Treated Subgrade - Royal Acres 3.0d 3.0d 07-May-26 12-May-26
ROY-5210 Cure Lime Treated Subgrade - Royal Acres 2.0d 2.0d 13-May-26 14-May-26
ROY-5220 Remix Lime Treated Subgrade - Royal Acres 3.0d 3.0d 15-May-26 20-May-26
ROY-5230 Finish & Compact Lime Treated Subgrade - Royal Acres 2.0d 2.0d 21-May-26 22-May-26
ROY-5240 Place 4" Asphalt Base - 1st Lift TY B - Royal Acres 2.0d 2.0d 26-May-26 27-May-26
ROY-5250 F/P/S Concrete Curb and Gutter - Royal Acres 16.0d 16.0d 28-May-26 22-Jun-26
ROY-5260 F/P/S Concrete Driveway - Royal Acres 2.0d 2.0d 19-Jun-26 22-Jun-26
ROY-5270 F/P/S Sidewalk - Royal Acres 1.0d 1.0d 23-Jun-26 23-Jun-26
ROY-5300 Place Topsoil - Royal Acres 2.0d 2.0d 24-Jun-26 25-Jun-26
ROY-5310 Place 2" Asphalt Ty D - Royal Acres 1.0d 1.0d 26-Jun-26 26-Jun-26
ROY-5440 Place Sod - Royal Acres 3.0d 3.0d 29-Jun-26 01-Jul-26
ROY-5320 Install Pavement Markings - Royal Acres 2.0d 2.0d 02-Jul-26 03-Jul-26
ROY-5340 Sundt Internal Punchlist - Royal Acres 1.0d 1.0d 06-Jul-26 06-Jul-26
ROY-5350 Sundt Internal Correct Punchlist - Royal Acres 5.0d 5.0d 08-Jul-26 14-Jul-26
ROY-5360 Punchlist Walk - Royal Acres 1.0d 1.0d 15-Jul-26 15-Jul-26
WELLINGTONWELLINGTON 88.0d 88.0d 18-Apr-26 08-Sep-26
WEL-5060 48 Hour Notification to City / Land Owner's - Wellington 2.0d 2.0d 18-Apr-26 19-Apr-26
WEL-5050 Install Traffic Control - Wellington (Utilities)2.0d 2.0d 20-Apr-26 21-Apr-26
WEL-2490 Locates & Trench Pavement Removal SS - Wellington 2.0d 2.0d 22-Apr-26 23-Apr-26
WEL-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Wellington 18.0d 18.0d 24-Apr-26 27-May-26
WEL-5070 E/L/B 4" San Sewer Services - Wellington 14.0d 14.0d 01-May-26 27-May-26
WEL-5090 Post Construction CCTV Inspection - Wellington 2.0d 2.0d 28-May-26 29-May-26
WEL-5120 Remove Asphalt Pavement -Wellington 2.0d 2.0d 01-Jun-26 02-Jun-26
WEL-5180 Remove Misc Concrete - Wellington 2.0d 2.0d 06-Jul-26 08-Jul-26
WEL-5190 Excavate/ Embank to top of Subgrade - Wellington 4.0d 4.0d 09-Jul-26 14-Jul-26
WEL-5200 Mix Lime Treated Subgrade - Wellington 2.0d 2.0d 15-Jul-26 16-Jul-26
WEL-5210 Cure Lime Treated Subgrade - Wellington 2.0d 2.0d 17-Jul-26 18-Jul-26
WEL-5220 Remix Lime Treated Subgrade - Wellington 2.0d 2.0d 20-Jul-26 21-Jul-26
WEL-5230 Finish & Compact Lime Treated Subgrade - Wellington 2.0d 2.0d 23-Jul-26 24-Jul-26
WEL-5240 Place 4" Asphalt Base - 1st Lift TY B - Wellington 2.0d 2.0d 27-Jul-26 28-Jul-26
WEL-5250 F/P/S Concrete Curb and Gutter - Wellington 11.0d 11.0d 29-Jul-26 13-Aug-26
WEL-5260 F/P/S Concrete Driveway - Wellington 3.0d 3.0d 11-Aug-26 13-Aug-26
WEL-5270 F/P/S Sidewalk - Wellington 1.0d 1.0d 14-Aug-26 14-Aug-26
WEL-5300 Place Topsoil - Wellington 2.0d 2.0d 17-Aug-26 18-Aug-26
WEL-5310 Place 2" Asphalt Ty D - Wellington 1.0d 1.0d 19-Aug-26 19-Aug-26
WEL-5440 Place Sod - Wellington 3.0d 3.0d 20-Aug-26 24-Aug-26
WEL-5320 Install Pavement Markings - Wellington 1.0d 1.0d 26-Aug-26 26-Aug-26
WEL-5330 Remove and Reinstall Sign Panel Post - Wellington 1.0d 1.0d 26-Aug-26 26-Aug-26
WEL-5340 Sundt Internal Punchlist - Wellington 1.0d 1.0d 27-Aug-26 27-Aug-26
WEL-5350 Sundt Internal Correct Punchlist - Wellington 5.0d 5.0d 28-Aug-26 04-Sep-26
WEL-5360 Punchlist Walk - Wellington 1.0d 1.0d 08-Sep-26 08-Sep-26
SIDEWALK AND LIGHTING IMPROVEMENTS - 1B-2SIDEWALK AND LIGHTING IMPROVEMENTS - 1B-2 0.0d 0.0d
AREA 1B-3 - SOUTH OF COPPER CREEKAREA 1B-3 - SOUTH OF COPPER CREEK 236.0d 236.0d 10-Apr-25 08-Jun-26
DONNADONNA 79.0d 79.0d 04-Oct-25 13-Mar-26
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
Mix Lime Treated Subgrade - Royal Acres
Cure Lime Treated Subgrade - Royal Acres
Remix Lime Treated Subgrade - Royal Acres
Finish & Compact Lime Treated Subgrade - Royal Acres
Place 4" Asphalt Base - 1st Lift TY B - Royal Acres
F/P/S Concrete Curb and Gutter - Royal Acres
F/P/S Concrete Driveway - Royal Acres
F/P/S Sidewalk - Royal Acres
Place Topsoil - Royal Acres
Place 2" Asphalt Ty D - Royal Acres
Place Sod - Royal Acres
Install Pavement Markings - Royal Acres
Sundt Internal Punchlist - Royal Acres
Sundt Internal Correct Punchlist - Royal Acres
Punchlist Walk - Royal Acres
48 Hour Notification to City / Land Owner's - Wellington
Install Traffic Control - Wellington (Utilities)
Locates & Trench Pavement Removal SS - Wellington
E/L/B 8" Sanitary Sewer Line w/ Manholes - Wellington
E/L/B 4" San Sewer Services - Wellington
Post Construction CCTV Inspection - Wellington
Remove Asphalt Pavement -Wellington
Remove Misc Concrete - Wellington
Excavate/ Embank to top of Subgrade - Wellington
Mix Lime Treated Subgrade - Wellington
Cure Lime Treated Subgrade - Wellington
Remix Lime Treated Subgrade - Wellington
Finish & Compact Lime Treated Subgrade - Wellington
Place 4" Asphalt Base - 1st Lift TY B - Wellington
F/P/S Concrete Curb and Gutter - Wellington
F/P/S Concrete Driveway - Wellington
F/P/S Sidewalk - Wellington
Place Topsoil - Wellington
Place 2" Asphalt Ty D - Wellington
Place Sod - Wellington
Install Pavement Markings - Wellington
Remove and Reinstall Sign Panel Post - Wellington
Sundt Internal Punchlist - Wellington
Sundt Internal Correct Punchlist - Wellington
Punchlist Walk - Wellington
31-Oct-24 11:18
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 13 of 16
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
DON-5060 48 Hour Notification to City / Land Owner's - Donna 2.0d 2.0d 04-Oct-25 05-Oct-25
DON-5050 Install Traffic Control - Donna (Utilities)2.0d 2.0d 06-Oct-25 08-Oct-25
DON-2490 Locates & Trench Pavement Removal SS - Donna 3.0d 3.0d 10-Oct-25 14-Oct-25
DON-2520 Locates & Trench Pavement Removal Water - Donna 3.0d 3.0d 10-Oct-25 14-Oct-25
DON-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Donna 14.0d 14.0d 15-Oct-25 07-Nov-25
DON-5070 E/L/B 4" San Sewer Services - Donna 6.0d 6.0d 29-Oct-25 07-Nov-25
DON-2370 E/L/B 8" Water Line - Donna 12.0d 12.0d 10-Nov-25 03-Dec-25
DON-5090 Post Construction CCTV Inspection - Donna 2.0d 2.0d 10-Nov-25 11-Nov-25
DON-5100 E/L/B Water Line 1" Services - Donna 12.0d 12.0d 13-Nov-25 08-Dec-25
DON-5110 E/L/B Fire Hydrant Assembly - Donna 2.0d 2.0d 09-Dec-25 11-Dec-25
DON-5170 Assist COD TS&V - Donna 2.0d 2.0d 15-Dec-25 17-Dec-25
DON-5120 Remove Asphalt Pavement -Donna 2.0d 2.0d 19-Dec-25 22-Dec-25
DON-5180 Remove Misc Concrete - Donna 2.0d 2.0d 23-Dec-25 24-Dec-25
DON-5190 Excavate/ Embank to top of Subgrade - Donna 2.0d 2.0d 29-Dec-25 30-Dec-25
DON-5200 Mix Lime Treated Subgrade - Donna 2.0d 2.0d 02-Jan-26 06-Jan-26
DON-5210 Cure Lime Treated Subgrade - Donna 2.0d 2.0d 07-Jan-26 08-Jan-26
DON-5220 Remix Lime Treated Subgrade - Donna 2.0d 2.0d 09-Jan-26 12-Jan-26
DON-5230 Finish & Compact Lime Treated Subgrade - Donna 2.0d 2.0d 14-Jan-26 20-Jan-26
DON-5240 Place 4" Asphalt Base - 1st Lift TY B - Donna 2.0d 2.0d 22-Jan-26 23-Jan-26
DON-5250 F/P/S Concrete Curb and Gutter - Donna 9.0d 9.0d 26-Jan-26 10-Feb-26
DON-5260 F/P/S Concrete Driveway - Donna 3.0d 3.0d 04-Feb-26 10-Feb-26
DON-5270 F/P/S Sidewalk - Donna 2.0d 2.0d 12-Feb-26 13-Feb-26
DON-5300 Place Topsoil - Donna 2.0d 2.0d 16-Feb-26 17-Feb-26
DON-5310 Place 2" Asphalt Ty D - Donna 2.0d 2.0d 19-Feb-26 20-Feb-26
DON-5440 Place Sod - Donna 2.0d 2.0d 24-Feb-26 26-Feb-26
DON-5320 Install Pavement Markings - Donna 2.0d 2.0d 27-Feb-26 02-Mar-26
DON-5340 Sundt Internal Punchlist - Donna 1.0d 1.0d 03-Mar-26 03-Mar-26
DON-5350 Sundt Internal Correct Punchlist - Donna 5.0d 5.0d 04-Mar-26 12-Mar-26
DON-5360 Punchlist Walk - Donna 1.0d 1.0d 13-Mar-26 13-Mar-26
DELDEL 77.0d 77.0d 18-Dec-25 14-May-26
DEL-5060 48 Hour Notification to City / Land Owner's - Del 2.0d 2.0d 18-Dec-25 19-Dec-25
DEL-5050 Install Traffic Control - Del (Utilities)2.0d 2.0d 22-Dec-25 23-Dec-25
DEL-2490 Locates & Trench Pavement Removal SS - Del 2.0d 2.0d 24-Dec-25 29-Dec-25
DEL-2520 Locates & Trench Pavement Removal Water - Del 2.0d 2.0d 24-Dec-25 29-Dec-25
DEL-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Del 16.0d 16.0d 30-Dec-25 02-Feb-26
DEL-5070 E/L/B 4" San Sewer Services - Del 5.0d 5.0d 26-Jan-26 02-Feb-26
DEL-2370 E/L/B 8" Water Line - Del 10.0d 10.0d 03-Feb-26 20-Feb-26
DEL-5090 Post Construction CCTV Inspection - Del 2.0d 2.0d 03-Feb-26 04-Feb-26
DEL-5100 E/L/B Water Line 1" Services - Del 3.0d 3.0d 17-Feb-26 20-Feb-26
DEL-5110 E/L/B Fire Hydrant Assembly - Del 2.0d 2.0d 24-Feb-26 26-Feb-26
DEL-5170 Assist COD TS&V - Del 2.0d 2.0d 27-Feb-26 02-Mar-26
DEL-5120 Remove Asphalt Pavement -Del 2.0d 2.0d 03-Mar-26 04-Mar-26
DEL-5180 Remove Misc Concrete - Del 2.0d 2.0d 05-Mar-26 09-Mar-26
DEL-5190 Excavate/ Embank to top of Subgrade - Del 2.0d 2.0d 10-Mar-26 12-Mar-26
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
48 Hour Notification to City / Land Owner's - Donna
Install Traffic Control - Donna (Utilities)
Locates & Trench Pavement Removal SS - Donna
Locates & Trench Pavement Removal Water - Donna
E/L/B 8" Sanitary Sewer Line w/ Manholes - Donna
E/L/B 4" San Sewer Services - Donna
E/L/B 8" Water Line - Donna
Post Construction CCTV Inspection - Donna
E/L/B Water Line 1" Services - Donna
E/L/B Fire Hydrant Assembly - Donna
Assist COD TS&V - Donna
Remove Asphalt Pavement -Donna
Remove Misc Concrete - Donna
Excavate/ Embank to top of Subgrade - Donna
Mix Lime Treated Subgrade - Donna
Cure Lime Treated Subgrade - Donna
Remix Lime Treated Subgrade - Donna
Finish & Compact Lime Treated Subgrade - Donna
Place 4" Asphalt Base - 1st Lift TY B - Donna
F/P/S Concrete Curb and Gutter - Donna
F/P/S Concrete Driveway - Donna
F/P/S Sidewalk - Donna
Place Topsoil - Donna
Place 2" Asphalt Ty D - Donna
Place Sod - Donna
Install Pavement Markings - Donna
Sundt Internal Punchlist - Donna
Sundt Internal Correct Punchlist - Donna
Punchlist Walk - Donna
48 Hour Notification to City / Land Owner's - Del
Install Traffic Control - Del (Utilities)
Locates & Trench Pavement Removal SS - Del
Locates & Trench Pavement Removal Water - Del
E/L/B 8" Sanitary Sewer Line w/ Manholes - Del
E/L/B 4" San Sewer Services - Del
E/L/B 8" Water Line - Del
Post Construction CCTV Inspection - Del
E/L/B Water Line 1" Services - Del
E/L/B Fire Hydrant Assembly - Del
Assist COD TS&V - Del
Remove Asphalt Pavement -Del
Remove Misc Concrete - Del
Excavate/ Embank to top of Subgrade - Del
31-Oct-24 11:18
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 14 of 16
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
DEL-5200 Mix Lime Treated Subgrade - Del 2.0d 2.0d 13-Mar-26 16-Mar-26
DEL-5210 Cure Lime Treated Subgrade - Del 2.0d 2.0d 17-Mar-26 18-Mar-26
DEL-5220 Remix Lime Treated Subgrade - Del 2.0d 2.0d 19-Mar-26 20-Mar-26
DEL-5230 Finish & Compact Lime Treated Subgrade - Del 2.0d 2.0d 23-Mar-26 24-Mar-26
DEL-5240 Place 4" Asphalt Base - 1st Lift TY B - Del 2.0d 2.0d 25-Mar-26 27-Mar-26
DEL-5250 F/P/S Concrete Curb and Gutter - Del 11.0d 11.0d 31-Mar-26 16-Apr-26
DEL-5260 F/P/S Concrete Pavement - Del 1.0d 1.0d 16-Apr-26 16-Apr-26
DEL-5270 F/P/S Sidewalk - Del 1.0d 1.0d 17-Apr-26 17-Apr-26
DEL-5300 Place Topsoil - Del 2.0d 2.0d 20-Apr-26 21-Apr-26
DEL-5440 Place Sod - Del 2.0d 2.0d 22-Apr-26 23-Apr-26
DEL-5310 Place 2" Asphalt Ty D - Del 1.0d 1.0d 24-Apr-26 24-Apr-26
DEL-5320 Install Pavement Markings - Del 2.0d 2.0d 27-Apr-26 28-Apr-26
DEL-5330 Remove & Reinstall Sign Panel & Post - Del 1.0d 1.0d 30-Apr-26 30-Apr-26
DEL-5340 Sundt Internal Punchlist - Del 1.0d 1.0d 01-May-26 01-May-26
DEL-5350 Sundt Internal Correct Punchlist - Del 5.0d 5.0d 05-May-26 12-May-26
DEL-5360 Punchlist Walk - Del 1.0d 1.0d 14-May-26 14-May-26
RINEYRINEY 59.0d 59.0d 27-Feb-26 08-Jun-26
RHI-5060 48 Hour Notification to City / Land Owner's - Riney 2.0d 2.0d 27-Feb-26 28-Feb-26
RHI-5050 Install Traffic Control - Riney (Utilities)2.0d 2.0d 02-Mar-26 03-Mar-26
RHI-2490 Locates & Trench Pavement Removal SS - Riney 2.0d 2.0d 04-Mar-26 05-Mar-26
RHI-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Riney 22.0d 22.0d 09-Mar-26 14-Apr-26
RHI-5070 E/L/B 4" San Sewer Services - Riney 6.0d 6.0d 06-Apr-26 14-Apr-26
RHI-5090 Post Construction CCTV Inspection - Riney 2.0d 2.0d 16-Apr-26 17-Apr-26
RHI-5120 Remove Asphalt Pavement -Riney 2.0d 2.0d 20-Apr-26 21-Apr-26
RHI-5180 Remove Misc Concrete - Riney 3.0d 3.0d 22-Apr-26 24-Apr-26
RHI-5190 Excavate/ Embank to top of Subgrade - Riney 2.0d 2.0d 27-Apr-26 28-Apr-26
RHI-5200 Mix Lime Treated Subgrade - Riney 2.0d 2.0d 30-Apr-26 01-May-26
RHI-5210 Cure Lime Treated Subgrade - Riney 2.0d 2.0d 02-May-26 03-May-26
RHI-5220 Remix Lime Treated Subgrade - Riney 2.0d 2.0d 05-May-26 06-May-26
RHI-5230 Finish & Compact Lime Treated Subgrade - Riney 2.0d 2.0d 07-May-26 11-May-26
RHI-5260 F/P/S Concrete Driveway - Riney 4.0d 4.0d 12-May-26 18-May-26
RHI-5240 Place 4" Asphalt Base - 1st Lift TY B - Riney 2.0d 2.0d 12-May-26 14-May-26
RHI-5250 F/P/S Concrete Curb and Gutter - Riney 2.0d 2.0d 15-May-26 18-May-26
RHI-5300 Place Topsoil - Riney 2.0d 2.0d 20-May-26 21-May-26
RHI-5310 Place 2" Asphalt Ty D - Riney 1.0d 1.0d 22-May-26 22-May-26
RHI-5440 Place Sod - Riney 2.0d 2.0d 26-May-26 27-May-26
RHI-5320 Install Pavement Markings - Riney 1.0d 1.0d 28-May-26 28-May-26
RHI-5330 Remove and Reinstall Sign Panel Post - Riney 1.0d 1.0d 28-May-26 28-May-26
RHI-5340 Sundt Internal Punchlist - Riney 1.0d 1.0d 29-May-26 29-May-26
RHI-5350 Sundt Internal Correct Punchlist - Riney 5.0d 5.0d 01-Jun-26 05-Jun-26
RHI-5360 Punchlist Walk - Riney 1.0d 1.0d 08-Jun-26 08-Jun-26
NORTHRIDGENORTHRIDGE 205.0d 205.0d 10-Apr-25 16-Apr-26
NOR-5060 48 Hour Notification to City / Land Owner's - Northridge 2.0d 2.0d 10-Apr-25 11-Apr-25
NOR-5050 Install Traffic Control - Northridge (Utilities)2.0d 2.0d 14-Apr-25 16-Apr-25
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
Mix Lime Treated Subgrade - Del
Cure Lime Treated Subgrade - Del
Remix Lime Treated Subgrade - Del
Finish & Compact Lime Treated Subgrade - Del
Place 4" Asphalt Base - 1st Lift TY B - Del
F/P/S Concrete Curb and Gutter - Del
F/P/S Concrete Pavement - Del
F/P/S Sidewalk - Del
Place Topsoil - Del
Place Sod - Del
Place 2" Asphalt Ty D - Del
Install Pavement Markings - Del
Remove & Reinstall Sign Panel & Post - Del
Sundt Internal Punchlist - Del
Sundt Internal Correct Punchlist - Del
Punchlist Walk - Del
48 Hour Notification to City / Land Owner's - Riney
Install Traffic Control - Riney (Utilities)
Locates & Trench Pavement Removal SS - Riney
E/L/B 8" Sanitary Sewer Line w/ Manholes - Riney
E/L/B 4" San Sewer Services - Riney
Post Construction CCTV Inspection - Riney
Remove Asphalt Pavement -Riney
Remove Misc Concrete - Riney
Excavate/ Embank to top of Subgrade - Riney
Mix Lime Treated Subgrade - Riney
Cure Lime Treated Subgrade - Riney
Remix Lime Treated Subgrade - Riney
Finish & Compact Lime Treated Subgrade - Riney
F/P/S Concrete Driveway - Riney
Place 4" Asphalt Base - 1st Lift TY B - Riney
F/P/S Concrete Curb and Gutter - Riney
Place Topsoil - Riney
Place 2" Asphalt Ty D - Riney
Place Sod - Riney
Install Pavement Markings - Riney
Remove and Reinstall Sign Panel Post - Riney
Sundt Internal Punchlist - Riney
Sundt Internal Correct Punchlist - Riney
Punchlist Walk - Riney
48 Hour Notification to City / Land Owner's - Northridge
Install Traffic Control - Northridge (Utilities)
31-Oct-24 11:18
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 15 of 16
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Activity ID Activity Name Original
Duration
Remaining
Duration
Start Finish
NOR-2490 Locates & Trench Pavement Removal SS - Northridge 2.0d 2.0d 17-Apr-25 18-Apr-25
NOR-5080 Remove 6" San Sewer (same trench) - Northridge 3.0d 3.0d 21-Apr-25 23-Apr-25
NOR-2360 E/L/B 8" Sanitary Sewer Line w/ Manholes - Northridge 62.0d 62.0d 24-Apr-25 04-Aug-25
NOR-5070 E/L/B 4" San Sewer Services - Northridge 35.0d 35.0d 05-Aug-25 01-Oct-25
NOR-2380 Concrete Paving Repair for Utility Trench - Northridge 2.0d 2.0d 05-Aug-25 06-Aug-25
NOR-2370 E/L/B 12" SS Pipe Bursting - Northridge 9.0d 9.0d 05-Aug-25 18-Aug-25
NOR-5120 Remove Asphalt Pavement -Northridge 7.0d 7.0d 24-Sep-25 03-Oct-25
NOR-5090 Post Construction CCTV Inspection - Northridge 2.0d 2.0d 02-Oct-25 03-Oct-25
NOR-5180 Remove Misc Concrete - Northridge 7.0d 7.0d 06-Oct-25 16-Oct-25
NOR-5190 Excavate/ Embank to top of Subgrade - Northridge 12.0d 12.0d 17-Oct-25 07-Nov-25
NOR-5200 Mix Lime Treated Subgrade - Northridge 6.0d 6.0d 10-Nov-25 19-Nov-25
NOR-5210 Cure Lime Treated Subgrade - Northridge 2.0d 2.0d 20-Nov-25 21-Nov-25
NOR-5220 Remix Lime Treated Subgrade - Northridge 6.0d 6.0d 24-Nov-25 05-Dec-25
NOR-5230 Finish & Compact Lime Treated Subgrade - Northridge 5.0d 5.0d 08-Dec-25 17-Dec-25
NOR-5240 Place 4" Asphalt Base - 1st Lift TY B - Northridge 5.0d 5.0d 19-Dec-25 29-Dec-25
NOR-5250 F/P/S Concrete Curb and Gutter - Northridge 35.0d 35.0d 30-Dec-25 10-Mar-26
NOR-5260 F/P/S Concrete Driveway - Northridge 2.0d 2.0d 09-Mar-26 10-Mar-26
NOR-5270 F/P/S Sidewalk - Northridge 2.0d 2.0d 12-Mar-26 13-Mar-26
NOR-5300 Place Topsoil - Northridge 2.0d 2.0d 16-Mar-26 18-Mar-26
NOR-5310 Place 2" Asphalt Ty D - Northridge 3.0d 3.0d 19-Mar-26 23-Mar-26
NOR-5440 Place Sod - Northridge 5.0d 5.0d 24-Mar-26 01-Apr-26
NOR-5320 Install Pavement Markings - Northridge 2.0d 2.0d 02-Apr-26 03-Apr-26
NOR-5340 Sundt Internal Punchlist - Northridge 1.0d 1.0d 06-Apr-26 06-Apr-26
NOR-5350 Sundt Internal Correct Punchlist - Northridge 5.0d 5.0d 08-Apr-26 14-Apr-26
NOR-5360 Punchlist Walk - Northridge 1.0d 1.0d 16-Apr-26 16-Apr-26
SIDEWALK AND LIGHTING IMPROVEMENTS - 1B-3SIDEWALK AND LIGHTING IMPROVEMENTS - 1B-3 0.0d 0.0d
FINAL SCOPEFINAL SCOPE 0.0d 0.0d
1 1 1 1 1 1 2 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 3 3 3 3 4 4 4 4 4 4 4 4 4 4 5 5 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 6 6 7 7
M A M J J A S ON D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D
2023 2024 2025 2026 2027
Locates & Trench Pavement Removal SS - Northridge
Remove 6" San Sewer (same trench) - Northridge
E/L/B 8" Sanitary Sewer Line w/ Manholes - Northridge
E/L/B 4" San Sewer Services - Northridge
Concrete Paving Repair for Utility Trench - Northridge
E/L/B 12" SS Pipe Bursting - Northridge
Remove Asphalt Pavement -Northridge
Post Construction CCTV Inspection - Northridge
Remove Misc Concrete - Northridge
Excavate/ Embank to top of Subgrade - Northridge
Mix Lime Treated Subgrade - Northridge
Cure Lime Treated Subgrade - Northridge
Remix Lime Treated Subgrade - Northridge
Finish & Compact Lime Treated Subgrade - Northridge
Place 4" Asphalt Base - 1st Lift TY B - Northridge
F/P/S Concrete Curb and Gutter - Northridge
F/P/S Concrete Driveway - Northridge
F/P/S Sidewalk - Northridge
Place Topsoil - Northridge
Place 2" Asphalt Ty D - Northridge
Place Sod - Northridge
Install Pavement Markings - Northridge
Sundt Internal Punchlist - Northridge
Sundt Internal Correct Punchlist - Northridge
Punchlist Walk - Northridge
31-Oct-24 11:18
Milestone
Remaining Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
City of Denton - NBHD 1B
Page 16 of 16
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EXHIBIT C – TECHNICAL SPECIFICATIONS
Technical Specifications as specified in EXHIBIT B – APPROVED GMP PROPOSAL are set forth herein
in full OR made part of this Agreement by reference OR made part of this Agreement as a separate
attachment.
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EXHIBIT D – CONSTRUCTION DRAWINGS
Construction Drawings as specified in EXHIBIT B – APPROVED GMP PROPOSAL are made part
of this Agreement by reference and on file with the:
•Design Professional
•City of Denton Project Manager
•CM@Risk Contractor
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CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
Exhibit E
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CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
ARTICLE 1 – DEFINITIONS AND TERMINOLOGY ........................................................................... 1
1.01 Defined Terms ......................................................................................................................... 1
1.02 Terminology ............................................................................................................................ 6
ARTICLE 2 – PRELIMINARY MATTERS ............................................................................................ 7
2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance ....................................... 7
2.02 Copies of Documents ............................................................................................................... 7
2.03 Before Starting Construction .................................................................................................... 7
2.04 Preconstruction ConferenceMeeting ......................................................................................... 8
2.05 Public Meeting ......................................................................................................................... 8
2.06 Initial Acceptance of Schedules ................................................................................................ 8
2.07 Electronic Submittals and Transmittals ..................................................................................... 8
ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE .............................. 8
3.01 Intent ....................................................................................................................................... 8
3.02 Reference Standards ................................................................................................................. 9
3.03 Reporting and Resolving Discrepancies .................................................................................... 9
3.04 Requirements of the Contract Documents ............................................................................... 10
3.05 Reuse of Documents .............................................................................................................. 10
ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK.............................................. 11
4.01 Commencement of Contract Time; Notice to Proceed ............................................................. 11
4.02 Starting the Work ................................................................................................................... 11
4.03 Delays in Contractor’s Progress.............................................................................................. 11
ARTICLE 5 – SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS .................................................................................................... 12
5.01 Availability of Lands .............................................................................................................. 12
5.02 Use of Site and Other Areas ................................................................................................... 13
5.03 Subsurface and Physical Conditions ....................................................................................... 14
5.04 Differing Subsurface or Physical Conditions .......................................................................... 15
5.05 Underground Facilities ........................................................................................................... 16
5.06 Hazardous Environmental Conditions at Site .......................................................................... 17
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ARTICLE 6 – BONDS AND INSURANCE .......................................................................................... 18
6.01 Licensed Sureties and Insurers................................................................................................ 18
6.02 Performance, Payment, and Maintenance Bonds ..................................................................... 18
6.03 Certificates of Insurance ......................................................................................................... 19
6.04 Contractor’s Insurance ........................................................................................................... 21
6.05 Acceptance of Bonds and Insurance; Option to Replace.......................................................... 22
ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES ....................................................................... 22
7.01 Contractor’s Means and Methods of Construction .................................................................. 22
7.02 Supervision and Superintendence ........................................................................................... 22
7.03 Labor; Working Hours ........................................................................................................... 23
7.04 Services, Materials, and Equipment ........................................................................................ 23
7.05 Project Schedule..................................................................................................................... 24
7.06 “Or Equals”............................................................................................................................ 24
7.07 Substitutions .......................................................................................................................... 25
7.08 Concerning Subcontractors and Suppliers ............................................................................... 27
7.09 Wage Rates ............................................................................................................................ 28
7.10 Patent Fees and Royalties ....................................................................................................... 29
7.11 Permits and Utilities ............................................................................................................... 29
7.12 Taxes ..................................................................................................................................... 30
7.13 Laws and Regulations ............................................................................................................ 30
7.14 Record Documents ................................................................................................................. 31
7.15 Safety and Protection ............................................................................................................. 31
7.16 Hazard Communication Programs .......................................................................................... 32
7.17 Emergencies and/or Rectification ........................................................................................... 32
7.18 Submittals .............................................................................................................................. 33
7.19 Continuing the Work .............................................................................................................. 34
7.20 Contractor’s General Warranty and Guarantee ........................................................................ 34
7.21 Indemnification ...................................................................................................................... 35
7.22 Delegation of Professional Design Services ............................................................................ 36
7.23 Right to Audit ........................................................................................................................ 36
7.24 Nondiscrimination .................................................................................................................. 37
ARTICLE 8 – OTHER WORK AT THE SITE ...................................................................................... 37
8.01 Other Work ............................................................................................................................ 37
8.02 Coordination .......................................................................................................................... 38
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8.03 Legal Relationships ................................................................................................................ 38
ARTICLE 9 – CITY’S RESPONSIBILITIES ........................................................................................ 39
9.01 Communications to Contractor ............................................................................................... 39
9.02 Furnish Data .......................................................................................................................... 39
9.03 Pay When Due ....................................................................................................................... 39
9.04 Lands and Easements; Reports, Tests, and Drawings .............................................................. 39
9.05 Change Orders ....................................................................................................................... 39
9.06 Inspections, Tests, and Approvals ........................................................................................... 39
9.07 Limitations on City’s Responsibilities .................................................................................... 39
9.08 Undisclosed Hazardous Environmental Condition .................................................................. 39
9.09 Compliance with Safety Program ........................................................................................... 39
ARTICLE 10 – CITY’S OBSERVATION DURING CONSTRUCTION .............................................. 40
10.01 City’s Project Manager or Duly Authorized Representative ................................................ 40
10.02 Visits to Site ....................................................................................................................... 40
10.03 Determinations for Work Performed ................................................................................... 40
10.04 Decisions on Requirements of Contract Documents and Acceptability of Work .................. 40
ARTICLE 11 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK ............................................. 41
11.01 Amending and Supplementing the Contract ........................................................................ 41
11.02 Execution of Change Orders ............................................................................................... 41
11.03 Field Orders ....................................................................................................................... 41
11.04 Authorized Changes in the Work – Extra Work .................................................................. 41
11.05 Unauthorized Changes in the Work .................................................................................... 41
11.06 Dispute of Extra Work........................................................................................................ 42
11.07 Contract Claims Process ..................................................................................................... 42
11.08 Change of Contract Price .................................................................................................... 43
11.09 Change of Contract Time.................................................................................................... 44
11.10 Notification to Surety ......................................................................................................... 44
ARTICLE 12 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT ................................................................................................................................ 45
12.01 Cost of the Work ................................................................................................................ 45
12.02 Allowances ........................................................................................................................ 48
12.03 Unit Price Work ................................................................................................................. 48
12.04 Plans Quantity Measurement for Unclassified Excavation or Embankment ......................... 49
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ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ............................................................................................................................ 50
13.01 Access to Work .................................................................................................................. 50
13.02 Tests, Inspections ............................................................................................................... 50
13.03 Defective Work .................................................................................................................. 51
13.04 Rejecting Defective Work .................................................................................................. 51
13.05 Acceptance of Defective Work ........................................................................................... 52
13.06 Uncovering Work ............................................................................................................... 52
13.07 City May Stop the Work ..................................................................................................... 52
13.08 City May Correct Defective Work ...................................................................................... 53
ARTICLE 14 – PAYMENTS TO CONTRACTOR; COMPLETION; CORRECTION PERIOD............ 53
14.01 Progress Payments ............................................................................................................. 53
14.02 Contractor’s Warranty of Title ............................................................................................ 56
14.03 Partial Utilization ............................................................................................................... 56
14.04 Final Inspection .................................................................................................................. 57
14.05 Final Acceptance ................................................................................................................ 57
14.06 Final Payment .................................................................................................................... 57
14.07 Final Completion Delayed and Partial Retainage Release.................................................... 58
14.08 Waiver of Claims ............................................................................................................... 58
14.09 Correction Period ............................................................................................................... 58
ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION....................................................... 59
15.01 City May Suspend Work .................................................................................................... 59
15.02 City May Terminate for Cause ............................................................................................ 60
15.03 City May Terminate for Convenience ................................................................................. 61
ARTICLE 16 – FINAL RESOLUTION OF DISPUTES ........................................................................ 63
16.01 Methods and Procedures ..................................................................................................... 63
ARTICLE 17 – MISCELLANEOUS ..................................................................................................... 64
17.01 Giving Notice ..................................................................................................................... 64
17.02 Computation of Times ........................................................................................................ 64
17.03 Cumulative Remedies ......................................................................................................... 64
17.04 Limitation of Damages ....................................................................................................... 64
17.05 No Waiver .......................................................................................................................... 65
17.06 Survival of Obligations ....................................................................................................... 65
17.07 Assignment of Contract ...................................................................................................... 65
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17.08 Successors and Assigns ...................................................................................................... 65
17.09 Headings ............................................................................................................................ 65
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CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020
ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Contract or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined,
terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.
1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract
Documents.
2. Agreement—The written instrument titled “Agreement”, “Agreement – CSP”, or “Agreement – Unit Price Bid” executed by the City and Contractor for the Work, setting
forth the name of the Project, Contract Price, Contract Time and the items included in the Contract.
3. Application for Payment—The form acceptable to City which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract.
4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Award—Authorization by the City Council for the City to enter into an Agreement.
6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. The term “Bid” shall be defined to include the term “Proposal” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid.
7. Bidder—The individual or entity that submits a Bid directly to City. The term “Bidder” shall be defined to include the terms “Proposer” or “Offeror” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid.
8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). The term “Bidding Documents” shall be defined to include the
terms “Proposal Documents” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid.
9. Bidding Requirements—The Advertisement or Invitation to Bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments. The term “Bidding Requirements” shall be defined to include the terms “Proposal Requirements” in those instances where the City utilizes a Request for Proposal rather
than an Invitation for Bid and will include the Request for Proposal or Invitation to Offerors, Instructions to Offerors, Offerors Bond or other Proposal security, if any, the Proposal Form, and the Proposal with any attachments.
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10. Business Day—A day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City.
11. Calendar Day—A day consisting of 24 hours measured from midnight to the next midnight.
12. Change Order—A document which is prepared by the Contractor or City, approved by the City, and signed by Contractor and City, authorizing an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or
after the Effective Date of the Agreement.
13. City—The City of Denton is, a Texas home-rule municipal corporation acting by its City Council through its City Manager or his or her designee.
14. City Attorney—The officially appointed City Attorney of the City of Denton or his or her
designee.
15. City Council—The duly elected and qualified governing body of the City of Denton.
16. City Manager—The officially appointed authorized City Manager of the City of Denton.
17. Contract—The entire and integrated set of written instruments between the City and Contractor concerning the Work comprised of the Agreement and all Contract Documents, which written instruments supersede all prior negotiations, representations, or agreements, whether written or oral, concerning the Work.
18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment
of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim.
19. Contract Documents—Those items so designated as “Contract Documents.” in the Agreement at Paragraph 5.1.A. Approved Submittals, other Contractor submittals, and
the reports and drawings of subsurface and physical conditions are not Contract Documents.
20. Contract Price—The moneys payable by City to Contractor for completion of the Work
in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 12.03 in the case of Unit Price Work). The Contract Price does not include any “Incentive”, if applicable.
21. Contract Time—The number of days or the dates stated in the Agreement to: (a) achieve
Milestones, if any and (bb) complete the Work so that it is ready for Final Acceptance.
22. Contractor—The individual or entity with whom City has entered into the Agreement.
23. Cost of the Work—See Paragraph 12.01 of these General Conditions for definition.
24. Damage Claims—A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim.
25. Day or day—A day, unless otherwise defined, shall mean a Calendar Day.
26. Drawings—The part of the Contract Documents prepared or approved by an Engineer that graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals, as defined, are not considered Drawings as so defined here.
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27. Effective Date of the Agreement—The date, indicated in the Agreement, on which it becomes effective,, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the City.
28. Electronic Document—Any Project-related correspondence, attachments to
correspondence, text, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format.
29. Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions,
including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted
by the Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents.
30. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City.
31. Extra Work—Additional work made necessary by City-approved changes or alterations to the Contract Documents. Extra Work shall be part of the Work.
32. Field Order—A written directive issued by City that requires changes in the Work but does not involve a change to the Contract Price, Contract Time, or Drawings, Plan, or Shop Drawings.
33. Final Acceptance—The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfaction of the City.
34. Final Inspection—The inspection performed by the City to determine whether the Contractor has completed each and every part or appurtenance of the Work fully, entirely,
and in conformance with the Contract Documents.
35. General Requirements—Sections of The information set forth in “Division 101 – General Requirements” of the Standard Construction Specification Documents.
36. Hazardous Environmental Condition—The presence at the Site of Asbestos, P C B s , Petroleum, Hazardous Waste, Radioactive Material, or any other substance, product, waste or materials, in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto.
37. Hazardous Waste—Any solid waste listed as hazardous or which possesses one or more
hazardous characteristics as defined in applicable Laws and Regulations.
38. Incidental or incidental—Work items that the Contractor is not paid for directly, but costs for which are included under the various bid items of the Project.
39. Laws and Regulations—Any and all applicable laws, statutes, rules, regulations,
ordinances, codes, and binding decrees, resolutions, and orders of any and all
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governmental bodies, agencies, authorities, and courts having jurisdiction over the Site or any portion or part of the Work to be performed.
40. Liens—Charges, security interests, or encumbrances upon Project funds, real property,
or personal property.
41. Major Item—An item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price.
42. Milestone—A principal event specified in the Contract Documents relating to the
performance of an identified portion of the Work by an intermediate Contract Time prior to Final Acceptance of the Work.
43. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed in such
notice, City will sign and deliver the Agreement.
44. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform
the Work specified in Contract Documents.
45. PCBs—Polychlorinated biphenyls.
46. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds
per square inch absolute), and including but not limited to oil, fuel oil, oil sludge, oil refuse, gasoline, diesel fuel, kerosene, and oil mixed with other non-Hazardous Waste and crude oils.
47. Plans—This term will have the same definition of as “Drawings”.
48. Project —The Work to be performed under the Contract.
49. Project Manager—The authorized representative of the City who will be assigned to the Project.
50. Project Manual—The documentary information prepared for bidding or proposing and
furnishing the Work.
51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising Contractor’s plan to achieve each Milestone and accomplish the Work within
the Contract Time.
52. Public Meeting—An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project.
53. Samples—Physical examples of materials, equipment, or workmanship that are
representative of some portion of the Work and that establish the standards by which such portion of the Work will be judged.
54. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required
submittals and the time requirements toto support scheduled performance of related construction activities.
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55. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.
56. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.
57. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the
use of Contractor.
58. Specifications or Technical Specifications —The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Section 00 00 00) of the Project.
59. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site.
60. Submittal—All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to the City to illustrate some portion of the Work.
61. Subsidiary or subsidiary—These terms will have the same definition as “Incidental. or incidental”.
62. Successful Bidder—The Bidder to whom City issues a Notice of Award. The term “Bidder” shall be defined to include the terms “Proposer” or “Offeror” in those instances where the City utilizes a Request for Proposal rather than an Invitation for Bid and is the
Proposer or Offeror submitting the proposal or offer that provides the best value to the City and to whom the City issues a Notice of Award.
63. Superintendent—The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor.
64. Supplementary Conditions—The part of the Contract set forth at Division 00 73 00 that amends or supplements these General Conditions.
65. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials
or equipment to be incorporated in the Work by Contractor or a Subcontractor.
66. Underground Facilities—All underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the
Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid
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petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
67. Unit Price Work—Work for which the Contract Price is determined by multiplying the
unit price for the item by the estimated quantity of the item.
68. Weekend Working Hours—Those hours between 8:00 a.m. and 8:30 p.m. on Saturday, and between 1:00 p.m. and 8:30 p.m. on Sunday or on a federal or state holiday observed by the City, as approved in advance by the City for performing Work.
69. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce
such construction including any Change Order or Field Order,, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.
70. Working Day—Defined as a Business Day but excluding any days that weather or other conditions beyond the reasonable control of the Contractor prevents the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7:00 a.m. and 8:00 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract, have the indicated meaning.
B. Intent of Certain Terms or Adjectives: The Contract includes the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of judgment by CityCity. In addition, the adjectives “reasonable,” “suitable,” “acceptable,”
“proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of judgment, action, or determination will be to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise).
C. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
1. does not conform to the Contract Documents; or
2. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or
3. has been damaged prior to City’s written notice of Final Acceptance.
D. Furnish, Install, Perform, Provide
1. The word “furnish,” when used in connection with services, materials, or equipment, means to supply and deliver said services, materials, or equipment to the Site (or some
other specified location) ready for use or installation and in usable or operable condition.
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2. The word “install,” when used in connection with services, materials, or equipment, means to put into use or place in final position said services, materials, or equipment complete and ready for intended use.
3. The words “perform” or “provide,” when used in connection with services, materials, or
equipment, means to execute, carry out, furnish and install said services, materials, or equipment complete and ready for intended use.
4. If the Contract Documents establish an obligation of Contractor with respect to specific
services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.
E. Unless stated otherwise in the Contract, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract in accordance with such recognized meaning.
ARTICLE 2 – PRELIMINARY MATTERS
2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance
A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to City, Contractor shall also deliver to City the performance bond , payment bond and maintenance bond that comply with the provisions of Chapter 2253 of the Texas
Government Code. Work will not be allowed to begin until the performance and payment bonds have been provided by the Contractor to the City.
B. Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to City, Contractor shall also deliver to City, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6. Work will not be allowed to begin until the evidence of insurance has been provided by the Contractor to the City.
2.02 Copies of Documents
A. City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract, and three (3) additional copies of the Drawings. Additional printed copies will be furnished upon request at the cost of reproduction.
2.03 Before Starting Construction
Baseline starting Work, Contractor shall submit for review by City the following in accordance with the Contract Documents:
A. Baseline Schedules in accordance with General Requirements, Section 01 32 16.
B. Preliminary Schedule of Submittals.
C. Preliminary Schedule of Values: For lump sum contracts, a Schedule of Values for all of the Work that includes quantities and prices of items that when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.
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2.04 Preconstruction Meeting
A. Before any Work at the Site is started, the Contractor shall attend a Preconstruction Meeting as specified in Section 01 31 19.
2.05 Public Meeting
A. Contractor may not mobilize any equipment, materials, or resources to the Site prior to
Contractor attending the Public Meeting as scheduled by the City.
2.06 Initial Acceptance of Schedules
A. No progress payment shall be made to Contractor until acceptable Project Schedules are submitted to City in accordance with the Contract Documents.
2.07 Electronic Submittals and Transmittals
A. Except as otherwise stated elsewhere in the Contract, the City and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means.
B. If the Contract does not establish protocols for Electronic Means, then City and Contractor shall jointly develop such protocols.
C. Subject to any governing protocols for Electronic Means, when transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long-term compatibility, usability, or readability of the Electronic Documents resulting from the
recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents.
ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE
3.01 Intent
A. The Contract Documents are complementary; what is required by one Contract Document is
as binding as if required by all.
B. It is the intent of the Contract to describe a functionally complete Project to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or
equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City.
C. City will issue clarifications and interpretations of the Contract Documents as provided herein.
D. The Specifications may vary in form, forma and style. Some Specification sections may be written in varying degrees of streamlined or declarative style, and some sections may be relatively narrative by comparison. Omission of such words and phrases as “the Contractor
shall,” “in conformity with,” “as shown,” or “as specified” are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims or Damage Claims.
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E. The cross-referencing of Specification sections under the subparagraph heading “Related Sections include but are not necessarily limited to:” and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely
on the cross-referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not cross-referencing is provided in each section or whether the cross-referencing is complete or accurate.
3.02 Reference Standards
A. Standards Specifications, Codes, Laws and Regulations
1. Reference in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means the standard specification, manual, reference standard, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of CityCity, Contractor, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City or any of its officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to
applicable field measurements, and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from
City before proceeding with any Work affected thereby.
2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or
Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.1717) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by City, or by
an amendment or supplement to the Contract issued pursuant to Paragraph 11.01.
3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.
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B. Resolving Discrepancies
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and:
a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier; or
b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).
2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Drawings shall govern over Specifications, and Supplementary Conditions shall govern
over General Conditions and Specifications.
3.04 Requirements of the Contract Documents
A. During the performance of the Work and until final payment, Contractor shall submit to the City in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for information or interpretation—RFIs), or relating to the acceptability of the Work under the Contract Documents, as soon as possible after such matters arise. City will be the interpreter of the requirements of the Contract Documents, and judge of
the acceptability of the Work.
B. City will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. City’s written clarification, interpretation, or decision will be final and binding on Contractor,
unless Contractor appeals by filing a Contract Claim.
3.05 Reuse of Documents
A. Contractor and its Subcontractors and Suppliers shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any
other project without written consent of CityCity and specific written verification or adaptation by Engineer; or
2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without City’s express written consent, or
violate any copyrights pertaining to such Contract Documents.
B. The prohibitions of this Paragraph 3.05 05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract
Documents for record purposes.
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ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK
4.01 Commencement of Contract Time; Notice to Proceed
A. The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Contract.
4.02 Starting the Work
A. Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work may be done at the Site prior to the date on which the Contract Time commences
to run.
4.03 Delays in Contractor’s Progress
A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. The City shall be liable only to the extent allowed by the provisions of the Contract and as allowed by Subchapter I, Chapter 271 of the Texas Local Government Code.
B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control of a Subcontractor or Supplier shall be
deemed to be within the control of Contractor.
C. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City
to provide information or material, if any, that the Contract specifies is to be furnished by the City.
D. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of City, Contractor, and those for whom they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Time. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this Paragraph 4.03. D. The Contractor is responsible for the prompt submission of a request for an adjustment to the Contract Time under this Paragraph to the City. Causes of delay, disruption, or interference that may give rise to an adjustment in Contract Time under this Paragraph include but are not limited to the following:
1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes;
2. Abnormal weather conditions;
3. Acts or failures to act of third-party utility owners or other third-party entities (other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with City, as contemplated in
Article 8); and
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4. Acts of war or terrorism.
E. Contractor’s entitlement to an adjustment of Contract Time or Contract Price is limited as follows:
1. Contractor’s entitlement to an adjustment of the Contract Time is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or interference.
2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent delay by Contractor shall not preclude an adjustment of Contract Time to which Contractor is otherwise entitled.
3. Adjustments of Contract Time or Contract Price are subject to the provisions of Article 11.
F. Each Contractor request or Change Order seeking an increase in Contract Time or Contract Price must be supplemented by supporting data that sets forth in detail the following:
1. The circumstances that form the basis for the requested adjustment;
2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work;
3. The date upon which each cause of delay, disruption, or interference ceased to affect the
progress of the Work;
4. The number of days’ increase in Contract Time claimed as a consequence of each such cause of delay, disruption, or interference; and
5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.08.
6. Contractor shall also furnish such additional supporting documentation as City may
require including, where appropriate, a revised Project Schedule indicating all the activities affected by the delay, disruption, or interference, and an explanation of the effect of the delay, disruption, or interference on the critical path to completion of the
Work.
G. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not shown or indicated with reasonable accuracy, and those resulting from undisclosed Hazardous Environmental Conditions, are governed by Article 5, together with the provisions of Paragraphs 4.03.F and 4.03.G.
ARTICLE 5 – SITE; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS
5.01 Availability of Lands
A. City shall furnish the Site. City shall notify Contractor in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which
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Contractor must comply in performing the Work. City will be responsible for obtaining any necessary easements for permanent structures or permanent changes in existing facilities.
1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must
consider any outstanding right-of-way, and/or easements.
2. Unless otherwise specified in the Contract Documents, the City has or anticipates moving and/or relocating utilities, and obstructions to the Site. Any outstanding movement or
relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be moved and/or relocated by others.
B. Upon reasonable written request of Contractor, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed.
C. Contractor shall provide for any additional lands and access thereto not included in the Site that may be required for construction facilities or storage of materials and equipment. The cost of such shall be part of the Contract Price.
5.02 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. Contractor shall confine construction equipment, temporary construction facilities, the storage of materials and equipment, worker car parking and the operations of workers to the Site, to adjacent areas that Contractor has arranged to use through construction
easements or otherwise, and to other adjacent areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and such other adjacent areas with worker car parking, construction equipment or other materials or equipment. Contractor shall assume full responsibility for (a) damage to the Site; (b) damage to any such other adjacent areas used for Contractor’s operations; (c) damage to any other adjacent land or areas, or to improvements, structures, utilities, or similar facilities located at such adjacent lands or areas; and (d) for injuries, including death, and damage to or losses of property sustained by the owners or occupants of any such land or areas; provided that such damage, losses, injuries or deaths arose out of or result from the performance of the Work or arose out of or resulted from any other actions or conduct of the Contractor or those for whom Contractor is responsible.
2. At any time when, in the judgment of the City, the Contractor has obstructed, closed, or
is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to reduce the area impacted to only that necessary for proper execution of the Work and/or to finish the section on which operations are in progress before work is commenced on any additional area of the Site.
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3. Construction equipment, spoil materials, supplies, forms, buildings, labs, or equipment and supply storage buildings, or any other item that may be transported by flood flows, shall not be stored within existing federal floodways during the course of the Work.
4. Should any Damage Claim be made by any such owner or occupant adversely impacted
because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
5. PURSUANT TO PARAGRAPH 7.21, CONTRACTOR SHALL INDEMNIFY AND
HOLD HARMLESS CITY AND ITS OFFICERS, ELECTED AND APPOINTED
OFFICIALS, AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, COSTS,
LOSSES, AND DAMAGES ARISING OUT OF OR RELATING TO ANY CLAIM OR
ACTION, LEGAL OR EQUITABLE, BROUGHT BY ANY SUCH ADVERSELY
IMPACTED OWNER OR OCCUPANT AGAINST CITY.
B. Removal of Debris During Performance of the Work: During the progress of the Work the Contractor shall keep the Site and other adjacent areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris will conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning: If 24 hours after written notice is given to the Contractor that the clean-up at the Site is insufficient or occurring in a manner unsatisfactory to the City, the Contractor fails to correct the unsatisfactory condition and/or procedures, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice, and the costs of such direct corrective action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor under the Contract.
D. Final Site Cleaning: Prior to Final Acceptance of the Work, Contractor shall clean the Site and the Work and make it ready for utilization by City and any adjacent property owners, if applicable. At the completion of the Work, Contractor shall remove from the Site and adjacent
areas all tools, appliances, construction equipment and machinery, surplus materials, waste materials, rubbish and other debris and shall restore to original condition or better all areas impacted or disturbed by the Work.
E. Loading of Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent structures or land to stresses or pressures that will endanger them.
5.03 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. Those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and
2. Those drawings known to City of existing physical conditions at or contiguous to the Site, including those drawings known to City depicting existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities.).
B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05, and not in the drawings referred to in Paragraph 5.03.A.
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Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as technical data.
C. Reliance by Contractor on Technical Data: Contractor is provided certain technical data
identified in the Supplementary Conditions with respect to such reports and drawings for its use, but the City does not warrant or guarantee the accuracy of the information, and such information including reports and drawings are not Contract Documents. Contractor may not
make any Contract Claim against City, or any of theirits officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness or accuracy of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or
3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or City’s archival documents concerning the Site; or
4. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information.
5.04 Differing Subsurface or Physical Conditions
A. Notice by Contractor: If Contractor believes that any subsurface or physical condition that is uncovered or revealed at the Site either:
1. is of such a nature as to establish that any “technical data” is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents;
then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.17), notify City in writing about such
condition.
B. Possible Price and Time Adjustments
1. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if:
a. Contractor knew of the existence of such condition at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under the Contract; or
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b. The existence of such condition reasonably could have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or
c. Contractor failed to give the written notice required by Paragraph 5.04.A.
C. Underground Facilities; Hazardous Environmental Conditions: Paragraph 5.05 governs rights and responsibilities regarding the presence or location of Underground Facilities. Paragraph 5.06 governs rights and responsibilities regarding Hazardous Environmental Conditions. The provisions of Paragraphs 5.03 and 5.04 are not applicable to the presence or
location of Underground Facilities, or to Hazardous Environmental Conditions.
5.05 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the Site is based on information and
data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others, unless it is otherwise expressly provided in the Supplementary Conditions::
1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and
2. the cost of all of the following are included in the Contract Price, and Contractor shall have full responsibility for:
a. reviewing and checking all information and data;
b. verifying the actual location of those Underground Facilities shown or indicated in
the Contract Documents as being within the area affected by the Work, by exposing such Underground Facilities during the course of construction;
c. coordination and adjustment of the Work with the owners (including City) of such Underground Facilities, during construction; and
d. the safety and protection of all existing Underground Facilities at the Site, and
repairing any damage thereto resulting from the Work.
B. Not Shown or Indicated:
1. If an Underground Facility that is uncovered or revealed at the Site was not shown or
indicated on the Drawings or otherwise indicated in the Contract Documents, or was not shown or indicated on the Drawings or in the Contract Documents with reasonable accuracy, then Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 7.17), identify the owner of such Underground Facility and give notice to that owner and to City. Contractor shall be responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences, subject to the provisions of Article 11.
3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary.
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5.06 Hazardous Environmental Conditions at Site
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to City relating to Hazardous Environmental Conditions that have been identified at the Site; or
2. drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site.
B. Reliance by Contractor on Technical Data: Contractor is provided certain technical data
identified in the Supplementary Conditions with respect to such reports and drawings for its use, but the City does not warrant or guarantee the accuracy of the information, and such information including reports and drawings are not Contract Documents. Contractor may not
make any Contract Claim against City, or any of its officers, elected or appointed officials, directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness or accuracy of such reports and drawings for Contractor’s purposes,
including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and
programs incident thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or
3. the contents of other Site-related documents made available to Contractor, such as record drawings from other projects at or adjacent to the Site, or City’s archival documents
concerning the Site; or
4. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information.
C. Contractor shall not be responsible for a Hazardous Environmental Condition uncovered or revealed at the Site if such Hazardous Environmental Condition was not shown or indicated in Drawings or Specifications or identified if the removal or remediation of such Hazardous Environmental Condition was not identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created by the actions of or with any materials brought to the Site by Contractor, Subcontractors, Suppliers or anyone else for whom Contractor is responsible and the costs associated with the same.
D. If Contractor encounters, uncovers, or reveals a Hazardous Environmental Condition whose removal or remediation is not expressly identified in the Contract Documents as being within
the scope of the Work, or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, then Contractor shall immediately: (1) secure or otherwise isolate such condition; (2) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 7.17); and (3) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if
any.
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E. Contractor shall not be required to resume Work in connection with a Hazardous Environmental Condition identified pursuant to Paragraph 5.06.D or in any affected area until after City has obtained any required permits related thereto, and delivered written notice to
Contractor either (1) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (2) specifying any special conditions under which such Work may be resumed.
F. If, after receipt of such written notice, Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such
condition to be deleted from the Work and the Contract Price. City may have such deleted portion of the Work performed by City’s own forces or others.
G. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS,
CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY, AND ITS
OFFICERS, ELECTED AND APPOINTED OFFICIALS, DIRECTORS, MEMBERS,
PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS OF
EACH AND ANY OF THEM, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES,
AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES
OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND
ALL COURT ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS) FOR
PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR
RELATING TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY
CONTRACTOR OR BY ANYONE FOR WHOM CONTRACTOR IS RESPONSIBLE.
NOTHING IN THIS PARAGRAPH 5.06.CityG OBLIGATES CONTRACTOR TO
INDEMNIFY ANY INDIVIDUAL OR ENTITY FROM AND AGAINST THE
CONSEQUENCES OF THAT INDIVIDUAL’S OR ENTITY’S OWN NEGLIGENCE.
H. The provisions of Paragraphs 5.03, 5.04, and 5.05 do not apply to the presence of a Hazardous Environmental Condition uncovered or revealed at the Site.
ARTICLE 6 – BONDS AND INSURANCE
6.01 Licensed Sureties and Insurers
A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages required. Such surety and insurance companies shall also meet such additional
requirements and qualifications as may be provided in the Supplementary Conditions.
6.02 Performance, Payment, and Maintenance Bonds
A. Contractor shall furnish a performance bond and a payment bond, in accordance with the provisions of the Texas Government Code Chapter 2253 or successor statute and as required by the City, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. The
performance and payment bonds must be provided by the Contractor to the City prior to the Contractor beginning any Work.
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B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date
of Final Acceptance by the City. The maintenance bond(s) shall be provided as directed by the City as part of the close-out of the Contract and shall be provided prior to the final payment being made.
C. All bonds shall be in the form prescribed by the Contract Documents, except as provided otherwise by Laws and Regulations, and must be issued and signed by a surety named in “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable Reinsuring Companies” as published in Department Circular 570 (as amended and supplemented) by the Bureau of the Fiscal Service, U.S. Department of the Treasury. A bond signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority must show that it is effective on the date the agent or attorney-in-fact signed the accompanying bond.
D. If the surety on a bond furnished by Contractor is declared bankrupt or becomes insolvent, or
the surety ceases to meet the requirements above, or its right to do business is terminated in the State of Texas, then Contractor shall promptly notify City in writing and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which must comply with the bond and surety requirements above.
E. If Contractor has failed to obtain a required bond, City may refuse to allow the Contractor to begin Work, exclude the Contractor from the Site and exercise City’s termination rights under
Article 15.
F. Upon request to Contractor from any Subcontractor, Supplier, or other person or entity claiming to have furnished labor, services, materials, or equipment used in the performance of the Work, Contractor shall provide a copy of the payment bond to such person or entity.
6.03 Certificates of Insurance
A. Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance and endorsements (and other evidence of insurance requested by City or any other additional insured) establishing that Contractor has obtained and is maintaining the policies and coverages required by these General Conditions and the Supplementary Conditions prior to beginning any Work.
1. The certificate of insurance shall document the City, and all identified entities named in
the Supplementary Conditions as “additional insureds” on all liability policies.
2. The Contractor’s general liability insurance shall include a “per project” or “per location” endorsement, that shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide.
4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent
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financial strength and solvency to the satisfaction City. If the rating is below that required, written approval of City is required.
5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in
favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions
6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain
such lines of insurance coverage or to provide such certificates or other evidence of full compliance with the insurance requirements.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of
the primary coverage.
8. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If If City agrees in writing that coverage is underwrittenmay be written on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the Agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the
duration of the Contract and for three (3) years following Final Acceptance or for the warranty period provided for under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall
evidence such insurance coverage.
9. Policies shall have no exclusions by endorsements that either nullify or amend the required lines of coverage, nor or decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Notice of an Award has
been issued or the Agreement executed, and the policy exclusions are determined to be unacceptable or the City desires that the Contractor obtain additional insurance coverage
the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%.
10. For any proposed self-insured retention (SIR),) in excess of $25,000.00, affecting insurance coverage, Contractor must obtain the written approval of the City in regard to
asset value and stockholders' equity. In lieu of traditional insurance, proposed alternative coverage maintained through insurance pools or, risk retention groups, or self-funding will also require the written approval of the City.
11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on
a first-dollar basis must be acceptable to and approved in writing by the City.
12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and limits when deemed necessary and prudent by the City based upon the scope of the Work, changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City will provide prior notice of 90 days and the insurance adjustments shall
be incorporated into the Work by Change Order.
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13. City shall be entitled, upon written request to Contractor and without expense to City, to receive copies of policies and endorsements thereto and. City may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions,
limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party
or the underwriter on any such policies.
14. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance.
6.04 Contractor’s Insurance
A. Workers Compensation and Employers’ Liability: Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable:
1. claims under workers’ compensation, disability benefits, and other similar employee
benefit acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of employees.
B. Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury, including death, or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury including death, liability under an insured contract, and explosion/collapse/underground (where those exposures exist). Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy shall have no exclusions by endorsements that would alter or nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, that are normally contained with the policy, unless the
City approves such exclusions in writing.
For construction projects that present a substantial completed operation exposure, the City may require the Contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions)).
C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because of bodily injury or death of any person and/or property damage arising out of or related to the work, maintenance or use of any motor vehicle by the Contractor, any
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Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable.
D. Railroad Protective Liability. If any of the Work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions.
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop Work until replacement insurance has been procured. There shall be no time credit for delays or days not worked pursuant to this section.
6.05 Acceptance of Bonds and Insurance; Option to Replace
A. If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 6 or the Supplementary Conditions on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required
coverage. Such failure to provide bonds or insurance as required by the Contract Documents is a breach of the terms of the Contract and the City may terminate the Contractor in accordance with the provisions of the Contract Documents.
ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES
7.01 Contractor’s Means and Methods of Construction
A. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.
B. If the Contract Documents note, or Contractor determines, that professional engineering or
other design services are needed to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences, and procedures, or for Site safety, then Contractor shall cause such services to be provided by a properly licensed design professional, at
Contractor’s expense. Such services are not City-delegated professional design services under this Contract, and neither City nor Engineer has any responsibility with respect to (1) Contractor’s determination of the need for such services, (2) the qualifications or licensing of
the design professionals retained or employed by Contractor, (3) the performance of such services, or (4) any errors, omissions, or defects in such services.
7.02 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents.
B. At all times during the progress of the Work, Contractor shall identify and assign a competent superintendent, who is proficient in English, and who shall not be replaced without written
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notice to City of the name of the replacement superintendent. If at any time the superintendent is not satisfactory to the City, Contractor shall, if requested by City, replace the superintendent with another satisfactory to City.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction.
7.03 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the
Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site.
B. Contractor shall be fully responsible to City for all acts and omissions of Contractor’s employees; of Suppliers and Subcontractors, and their employees; and of any other individuals or entities performing or furnishing any of the Work, just as Contractor is responsible for Contractor’s own acts and omissions.
C. Except as otherwise required for the safety or protection of persons or the Work or property
at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours on Business Days. Contractor will not permit the performance of Work outside of regular working hours on Business Days without City’s prior written consent (which will not be unreasonably withheld)). Contractor’s written request (by letter or electronic communication) for City’s written consent must be made as follows:
1. for Work beyond regular working hours on Business Days, request must be made by noon at least two (2) Business Days prior;
2. for Work during Weekend Working Hours, request must be made by noon of the preceding Wednesday; and
3. for Work on state or federal holidays observed by the City, request must be made
sufficiently in advance of the holiday, to satisfy requirements for City Council approval.
7.04 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of sufficient quality to complete the Work, and must be new and of good
quality, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment.
C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with
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instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents.
D. All items of standard equipment to be incorporated into the Work shall be the latest model at
the time of bid, unless otherwise specified.
7.05 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.06 and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to the City for acceptance (to the extent indicated in Paragraph 2.06 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments must comply with any provisions of the General Requirements applicable thereto.
2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment request for the duration of the Contract in accordance with the Construction Progress Schedule, General Requirements 01 32 16.
3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 11. Adjustments in Contract Time may only be made by a Change Order.
7.06 “Or Equals”
A. Contractor’s Request; Governing Criteria: Whenever an item of equipment or material is specified or described in the Contract Documents by using the names of one or more proprietary items or specific Suppliers, the Contract Price has been based upon Contractor furnishing such item as specified. The specification or description of such an item is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or equal” item is permitted, Contractor may request that City permit the use of other items of equipment
or material, or items from other proposed Suppliers, under the circumstances described below.
1. If City in its sole discretion determines that an item of equipment or material proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or equal” item. For the purposes of this Paragraph, a proposed item of equipment or material will be considered functionally equal to an item so named if:
a. the City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;
2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole;
3) it has a proven record of performance and availability of responsive service; and
4) it is not objectionable to City.
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b. Contractor certifies that, if the proposed item is approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
2) the item will conform substantially to the detailed requirements of the item named in the Contract Documents.
B. Contractor’s Expense: Contractor shall provide all data in support of any proposed “or equal” item at Contractor’s expense.
C. City’s Evaluation and Determination: City will be allowed a reasonable time to evaluate each
“or-equal” request. City may require Contractor to furnish additional data about the proposed “or-equal” item. City will be the sole judge of acceptability. No “or-equal” item will be ordered, furnished, installed, or utilized until City’s review is complete and City determines
that the proposed item is an “or-equal.” City.” City will advise Contractor in writing of its determination.
D. Effect of City’s Determination: Neither approval nor denial of an “or-equal” request will result in any change in Contract Price. The City’s denial of an “or-equal” request will be final and
binding, and may not be reversed through an appeal under any provision of the Contract.
E. Treatment as a Substitution Request: If City determines that an item of equipment or material proposed by Contractor does not qualify as an “or-equal” item, Contractor may request that
City consider the item a proposed substitution pursuant to Paragraph 7.07.
7.07 Substitutions
A. Contractor’s Request; Governing Criteria: Unless the specification or description of an item of equipment or material required to be furnished under the Contract Documents contains or
is followed by words reading that no substitution is permitted, Contractor may request that City permit the use of other items of equipment or material under the circumstances described below. To the extent possible such requests must be made before commencement of related
Work at the Site.
1. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is functionally equivalent to that named and an acceptable substitution therefor. City will not accept requests for review of proposed substitute items of equipment or material from anyone other than Contractor.
2. The requirements for review by City will be as set forth in Paragraph 7.07.B, as supplemented by the Specifications, and as City may decide is appropriate under the
circumstances.
3. Contractor shall make written application to City for review of a proposed substitute item of equipment or material that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and:
a. will certify that the proposed substitute item will:
1) perform adequately the functions and achieve the results called for by the general design;
2) be substantially similar in substance to the item specified; and
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3) be well-suited to the same use as the item specified.
b. will state:
1) the extent, if any, to which the use of the proposed substitute item will adversely impact Contractor’s achievement of Final Acceptance on or before the Contract Time;
2) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; and
3) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty.
c. will identify:
1) all variations of the proposed substitute item from the item specified; and
2) available engineering, sales, maintenance, repair, and replacement services.
d. will contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including but not limited to changes in
Contract Price, shared savings, costs of redesign, and Damage Claims of other contractors affected by any resulting change.
B. City’s Evaluation and Determination: City will be allowed a reasonable time to evaluate each substitution request. City may require Contractor to furnish additional data about the proposed
substitute item. City will be the sole judge of acceptability. No substitute will be ordered, furnished, installed, or utilized until City’s review is complete and City determines that the proposed item is an acceptable substitution. City’s approval determination will be evidenced
by a Change Order accounting for the substitution itself and all related impacts, including changes in Contract Price or Contract Time. City will advise Contractor in writing of any denial determination.
C. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitution. Contractor shall
indemnify and hold harmless City and its officers, elected and appointed officials,
employees, agents, consultants and subcontractors and anyone directly or indirectly
employed by them from and against any and all claims, damages, losses and expenses
(including attorney’s fees) arising out of or relateds to the use of substituted materials or
equipment.
D. Reimbursement of City’s Cost: City will record City’s costs in evaluating a substitution proposed or submitted by Contractor. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse City for evaluating each such proposed substitute. Contractor shall also reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from
the acceptance of each proposed substitute.
E. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute at Contractor’s expense.
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F. City Substitution Reimbursement: Cost savings attributable to acceptance of a substitution shall be paid to City by Contractor by an appropriate Change Order decreasing the Contract Price.
G. Effect of City’s Determination: If City approves the substitution request, Contractor shall
execute the proposed Change Order and proceed with the substitution. The City’s denial of a substitution request will be final and binding, and may not be reversed through an appeal under any provision of the Contract. Contractor may challenge the scope of reimbursement costs imposed under Paragraph 7.07.D, by timely submittal of a Change Order.
7.08 Concerning Subcontractors and Suppliers
A. Contractor shall perform with its own organization, and with the assistance of workmen under its immediate superintendence, work of DPLQLPXP value DVRXOLQHGLQ6HFWLRQ
3URSRVHG6XEFRQWUDFWRUV)RUPXQOHVVotherwise approved by the City.
B. Contractor may retain Subcontractors and Suppliers for the performance of parts of the Work. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection, except as provided in Paragraph 7.08.C. The Contractor’s retention of a Subcontractor or Supplier for the performance of parts of the Work will not relieve Contractor’s obligation to City to perform and complete the Work in accordance with the Contract.
C. The City may require the use of specific Subcontractors, Suppliers, or other individuals or entities for the performance of designated parts of the Work , and will provide such requirements in the Supplementary Conditions.
D. Contractor shall provide to City as part of the Bid, the identity of all proposed Subcontractors
and Suppliers. Such proposed Subcontractor or Supplier shall be deemed acceptable to City unless City raises a substantive, reasonable objection prior to execution of the Agreement.
E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or
entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor
2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.
F. No acceptance by City of any such Subcontractor or Supplier, whether initially or as a replacement, will constitute a waiver of the right of City to the completion of the Work in accordance with the Contract Documents, Contract Price and Contract Time.
G. Contractor shall be solely responsible for scheduling and coordinating the tasks of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of
the Work under a direct or indirect contract with Contractor.
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H. All Work performed for Contractor by a Subcontractor or Supplier must be pursuant to an appropriate contractual agreement that specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract for the benefit of City. Contractor must comply
with all applicable federal, state, and local laws, statutes, ordinances or regulations, including but not limited to immigration laws, workers compensation laws and wage laws, in the hiring of any Subcontractor or Supplier and shall ensure that each Subcontractor or Supplier has the
same obligations.
I. Contractor shall restrict all Subcontractors and Suppliers from communicating with City, except through Contractor or in case of an emergency, or as otherwise expressly allowed in
this Contract.
7.09 Wage Rates
A. Duty to pay Prevailing Wage Rates: The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Denton to be the prevailing wage rates in accordance with Chapter 2258. The then current prevailing wage rates at the time of execution of the Agreement are included in these Contract Documents.
B. Penalty for Violation: A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code Section 2258.023.
C. Complaints of Violations and City Determination of Good Cause: On receipt of information, including a complaint by a worker, concerning an alleged violation of Section 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in
writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the
claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being retained from successive progress payments pending a final determination of the violation.
D. Arbitration Required if Violation Not Resolved: An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph 7.09.C. If the
persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and
award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction.
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E. Records to be Maintained: The Contractor and each Subcontractor shall, for a period of three (3) years following the date of Final Acceptance, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work
provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be available in Denton County, Texas at all reasonable hours for inspection by the City. The provisions of Paragraph 7.23, Right to Audit, shall pertain to this inspection.
F. Progress Payments: With each progress payment request or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates: The Contractor shall post prevailing wage rates in a conspicuous place
at the Site at all times.
H. Subcontractor Compliance: The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs 7.09.A through 7.09.G.
7.10 Patent Fees and Royalties
A. Contractor shall pay all patent or license fees and royalties and pay all costs incident to the use
in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others.
If an invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any patent or license fee or royalty to others, the existence of such rights will be disclosed in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay said fees or, royalties or costs to others.
B. TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS,
CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS CITY, AND ITS
OFFICERS, ELECTED AND APPOINTED OFFICIALS, DIRECTORS, MEMBERS,
PARTNERS, EMPLOYEES, AGENTS, CONSULTANTS AND SUBCONTRACTORS OF
EACH AND ANY OF THEM, FROM AND AGAINST ALL CLAIMS, COSTS, LOSSES,
AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND CHARGES
OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS AND
ALL COURT OR ARBITRATION OR OTHER DISPUTE RESOLUTION COSTS)
ARISING OUT OF OR RELATING TO ANY INFRINGEMENT OF PATENT RIGHTS
OR COPYRIGHTS INCIDENT TO THE USE IN THE PERFORMANCE OF THE WORK
OR RESULTING FROM THE INCORPORATION IN THE WORK OF ANY
INVENTION, DESIGN, PROCESS, PRODUCT, OR DEVICE.
7.11 Permits and Utilities
A. Contractor obtained permits and licenses. Unless otherwise expressly provided in the Contract Documents, Contractor shall obtain and pay for all construction permits and licenses. City shall provide reasonable assistance to Contractor, if necessary, in obtaining such permits and
licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work applicable at the time the Notice of Award is issued, except for permits provided by the City as specified in Paragraph 7.11.B. City shall pay the charges of utility service providers for connections for providing permanent service to the Work.
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B. City obtained permits and licenses. City will obtain and pay for those permits and licenses identified as City’s responsibility in the Supplementary Conditions or Contract Documents. It will be the Contractor’s responsibility to comply with and carry out the provisions of the
permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. relating to the changes. The City will not reimburse the Contractor for any
cost associated with the requirements of any City acquired permit. The following are permits the City will obtain if required:
1. Texas Department of Transportation Permits
2. U.S. Army Corps of Engineers Permits
3. Texas Commission on Environmental Quality Permits
4. Railroad Company Permits
5. Texas Department of Licensing and Regulation (TDLR) Permits
C. Outstanding permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses.
7.12 Taxes
A. On issuance of a Notice of Award by the City, an organization which qualifying for exemption
pursuant to Texas Tax Code, Subchapter H (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to hisits Supplier an exemption certificate in lieu of the tax, said exemption
certificate to comply with State Comptroller’s Rulings applicable to Texas Tax Code, Subchapter H. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with all applicable rulings pertaining to the Texas Tax Code,
Subchapter H.
B. Texas tax permits and information may be obtained from:
1. Comptroller of Public Accounts Sales Tax Division
Capitol Station Austin, TX 78711; or
2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html
7.13 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, City shall not be responsible for monitoring Contractor’s compliance with any Laws and Regulations.
B. If Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws and Regulations, Contractor shall be liable for all resulting claims, costs losses, and damages, and shall indemnify and hold harmless City, and its officers, elected
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and appointed officials, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work or other action.
C. Changes in Laws and Regulations not known at the time of the City’s issuance of a Notice of
Award having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time.
7.14 Record Documents
A. Contractor shall maintain in a safe place at the Site one printed record copy of all Drawings,
Specifications, Addenda, Change Orders, Field Orders, written interpretations and clarifications, and approved Shop Drawings. Contractor shall keep such record documents in good order and annotate them to show changes made during construction. Contractor shall
include accurate locations for buried and imbedded items. These record documents, together with all approved Samples, will be available to City for reference. Upon completion of the Work, Contractor shall deliver these record documents to City prior to Final Inspection.
7.15 Safety and Protection
A. As between City and Contractor, Contractor shall be responsible for the safety of persons and property in the performance of the Work, for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work and for compliance with applicable
safety Laws and Regulations.
B. Contractor shall designate a qualified and experienced safety representative whose duties and responsibilities are the prevention of Work-related accidents and the maintenance and supervision of safety precautions and programs. Contractor shall inform the City in writing of Contractor’s designated safety representative at the Site.
C. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.
D. All damage, injury, or loss to any property referred to in Paragraph 7.1515.C.2 or 7.1515.C.3
caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be the responsibility of and remedied by Contractor at its expense.
E. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss;
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and shall implement, erect and maintain all necessary safeguards for such safety and protection.
F. Contractor shall notify City; the owners of adjacent property; the owners of Underground
Facilities and other utilities (if the identity of such owners is known to Contractor); and other contractors and utility owners performing work at or adjacent to the Site, in writing, when Contractor knows that prosecution of the Work may affect them, and shall cooperate with
them in the protection, removal, relocation, and replacement of their property or work in progress.
G. Contractor shall comply with the applicable requirements of City’s safety programs, if any.
H. Contractor shall inform City in advance in writing of the specific requirements of Contractor’s
safety program with which City’s and Engineer’s employees and representatives must comply while at the Site.
I. Contractor’s duties and responsibilities for safety and protection will continue until all the Work is completed and City has issued a Letter of Final Acceptance.
J. Contractor’s duties and responsibilities for safety and protection will resume whenever Contractor or any Subcontractor or Supplier returns to the Site to fulfill warranty or correction obligations, or to conduct other tasks arising from the Contract Documents.
7.16 Hazard Communication Programs
A. Contractor shall be responsible for coordinating any exchange of safety data sheets (formerly known as material safety data sheets) or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with
Laws and Regulations.
7.17 Emergencies and/or Rectification
A. In the event of threatened or actual emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to immediately act to prevent damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused by an emergency or are required as a result of Contractor’s response to an emergency. If City determines that a change in the Contract Documents is required because of an emergency or Contractor’s response, a Change Order may be issued.
B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take proper action within 24 hours to fulfill this written request or fails
to show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City resources or by contract. The City shall deduct an amount equal to the entire cost for such remedial action, plus 25% from any funds due or to become due the
Contractor on the Project.
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7.18 Submittals
A. Submittal Procedures for Shop Drawings and Samples: Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.03).
1. Contractor shall submit the Submittals in accordance with Section 01 33 00 of the General Requirements.
2. Data shown on the Submittals must be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to demonstrate to City the services, materials, and equipment Contractor proposes to provide, and to enable City to review the information for the limited purposes required by Paragraph 7.18.C.
3. Submittals reviewed and accepted by City for conformance with the design concept shall
be executed in conformity with the Contract Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings
and Specifications.
5. For-Information-Only submittals upon which the City is not expected to conduct a review or take responsive action may be so identified in the Contract Documents.
6. Contractor shall submit the required number of Samples specified in the Specifications.
7. Contractor shall clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which it is intended and other data as City may require to enable City to review the Submittal for the limited purposes set forth in Paragraph 7.18.C.
B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole risk, expense and responsibility of Contractor.
C. City’s Review
1. City will provide timely review of Submittals in accordance with the accepted Schedule of Submittals. City’s review and acceptance will be to determine if the items covered by the Submittals will, after installation or incorporation in the Work, comply with the requirements of the Contract Documents, and be compatible with the design concept of
the completed Project as a functioning whole as indicated by the Contract Documents.
2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence or procedure of construction is specifically and expressly called for by the Contract Documents), or to safety precautions or programs incident thereto.
3. City’s review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions.
4. City’s review and acceptance of a Submittal will not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 of the General
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Requirements, and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal.
5. City’s review and acceptance of a Submittal will not relieve Contractor from
responsibility for complying with the requirements of the Contract Documents.
6. City’s review and acceptance of a Submittal, or of a variation from the requirements of the Contract Documents, will not, under any circumstances, change the Contract Time or Contract Price, unless such changes are included in a Change Order.
7. Neither City’s receipt, review, or acceptance of a Submittal will result in such item becoming a Contract Document.
8. Contractor shall perform the Work in compliance with the requirements and commitments set forth in accepted Submittals, subject to the provisions of Section 01 33
00 of the General Requirements.
7.19 Continuing the Work
A. Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or
postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing.
7.20 Contractor’s General Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, elected and appointed officials, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee.
B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, or improper modification, maintenance, or operation, by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or
2. normal wear and tear under normal usage.
C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents, a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents, or a release of Contractor’s warranty and guarantee under this Paragraph 7.20:
1. Observations by Engineer or City;
2. Recommendation by Engineer or payment by City of any progress or final payment;
3. The issuance of a letter or certificate of Final Acceptance by City or any payment related thereto by City;
4. Use or occupancy of the Work or any part thereof by City;
5. Any review and acceptance of a Submittal by City;
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6. Any inspection, test, or acceptance by others; or
7. Any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified. Contractor shall furnish a good and sufficient maintenance bond, complying with the requirements of Paragraph 6.02.B. The City will give notice of observed defects with reasonable promptness.
7.21 Indemnification
A. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD
HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS,
ELECTED AND APPOINTED OFFICIALS, EMPLOYEES, AGENTS,
CONSULTANTS AND SUBCONTRACTORS AND ANYONE DIRECTLY OR
INDIRECTLY EMPLOYED BY THEM , FROM AND AGAINST ANY AND ALL
CLAIMS FOR PERSONAL OR BODILY INJURY OR DEATH, ARISING OUT OF
OR RELATED TO, OR ALLEGED TO ARISE OUT OF OR BE RELATED TO, THE
WORK AND SERVICES TO BE PERFORMED BY THE CONTRACTOR, ITS
OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR
INVITEES UNDER THESE CONTRACT DOCUMENTS. THIS INDEMNIFICATION
PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE
EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES
BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT,
OMISSION OR NEGLIGENCE OF THE CITY. OR ITS OFFICERS, ELECTED OR
APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS OR
SUBCONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY
THEM. THIS INDEMNITY PROVISION IS INTENDED TO INCLUDE, WITHOUT
LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES
INCURRED IN DEFENDING AGAINST SUCH CLAIMS AND CAUSES OF
ACTIONS.
B. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY AND HOLD
HARMLESS, AT ITS OWN EXPENSE, THE CITY, ITS OFFICERS, ELECTED AND
APPOINTED OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS AND
SUBCONTRACTORS AND ANYONE DIRECTLY OR INDIRECTLY EMPLOYED
BY THEM FROM AND AGAINST ANY AND ALL LOSS, DAMAGE OR
DESTRUCTION OF PROPERTY OF THE CITY, ARISING OUT OF OR RELATED
TO, OR ALLEGED TO ARISE OUT OF OR BE RELATED TO, THE WORK AND
SERVICES TO BE PERFORMED BY THE CONTRACTOR, ITS OFFICERS,
AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES
UNDER THIS CONTRACT. THIS INDEMNIFICATION PROVISION IS
SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS
ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING
SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR
NEGLIGENCE OF THE CITY OR ITS OFFICERS, ELECTED OR APPOINTED
OFFICIALS, EMPLOYEES, AGENTS, CONSULTANTS OR SUBCONTRACTORS
OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM.
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7.22 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means,
methods, techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents,
City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided pursuant to the professional standard of care by a properly licensed design professional, whose signature and seal must appear on
all drawings, calculations, specifications, certifications, and Submittals prepared by such design professional. Such design professional must issue all certifications of design required by Laws and Regulations.
C. If a Submittal related to the requirements indicated in Paragraph 7.22.B is prepared by Contractor, a Subcontractor, or others for submittal to City, then such Submittal must bear the written approval of Contractor’s design professional when submitted by Contractor to City.
D. City shall be entitled to rely upon the adequacy, accuracy, and completeness of the services, certifications, and approvals performed or provided by the design professionals retained or employed by Contractor under the conditions indicated in Paragraph 7.22.B, subject to the professional standard of care and the performance and design criteria stated in the Contract
Documents.
E. Pursuant to this Paragraph 7.22, City’s review, acceptance, and other determinations regarding design drawings, calculations, specifications, certifications, and other Submittals furnished by Contractor pursuant to the conditions indicated in Paragraph 7.22.B, will be only for the following limited purposes:
1. Checking for conformance with the requirements of this Paragraph 7.22;
2. Confirming that Contractor (through its design professionals) has used the performance
and design criteria specified in the Contract Documents; and
3. Establishing that the design furnished by Contractor is consistent with the design concept expressed in the Contract Documents.
7.23 Right to Audit
A. The City shall have the right to audit and make copies of the books, records and computations
pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract during the term of the Contract and for five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case
records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be made available, in Denton County, Texas within ten (10) Business Days of City’s written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within Denton County, Texas. Except as otherwise provided herein, the cost of the audit will be borne by the City
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unless the audit reveals an overpayment of 1% or greater. If the City is undertaking an audit or inspection pursuant to Paragraph 7.09 or if an overpayment of 1% or greater occurs, the City’s reasonable cost of the audit, including any travel costs, must be paid by the Contractor within five (5) Business Days of receipt of City’s invoice for such costs.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the
terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document.
7.24 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit-related projects, funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national origin.
B. Contractor shall comply with the requirements of Title VI, Civil Rights Act of 1964 as amended and the regulations promulgated thereunder, as may be further defined in the Supplementary Conditions, for any project receiving Federal assistance.
ARTICLE 8 – OTHER WORK AT THE SITE
8.01 Other Work
A. In addition to and apart from the Work under the Contract Documents, the City may perform
other work at or adjacent to the Site. Such other work may be performed by City’s employees, or through contracts between the City and third parties. City may also arrange to have third-party utility owners perform work on their utilities and facilities at or adjacent to the Site.
B. If City performs other work at or adjacent to the Site with City’s employees, or through contracts for such other work, then City shall give Contractor written notice thereof prior to starting any such other work, if such other work is not noted in the Contract Documents.
C. Contractor shall afford proper and safe access to the Site to each contractor that performs such other work, each utility owner performing other work, and City, if City is performing other work with City’s employees, and provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work.
D. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected.
E. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with
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Contractor’s Work except for latent defects and deficiencies in such other work that could not have been discovered through a proper inspection.
F. The provisions of this Article 8 are not applicable to work that is performed by third-party
utilities or other third-party entities without a contract with City, or that is performed without having been arranged by City. If such work occurs, then any related delay, disruption, or interference incurred by Contractor is governed by the provisions of Paragraph 4.03.D.3.
8.02 Coordination
A. If City intends to contract with others for the performance of other work at or adjacent to the Site, to perform other work at or adjacent to the Site with City’s employees, or to arrange to have utility owners perform work at or adjacent to the Site, the following will be set forth in
the Supplementary Conditions or provided to Contractor prior to the start of any such other work:
1. The identity of the individual or entity that will have authority and responsibility for coordination of the activities among the various contractors;
2. An itemization of the specific matters to be covered by such authority and responsibility; and
3. The extent of such authority and responsibilities.
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
coordination.
8.03 Legal Relationships
A. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of City, any other contractor, or any utility owner
performing other work at or adjacent to the Site.
1. When City is performing other work at or adjacent to the Site with City’s employees, Contractor shall be liable to City for damage to such other work, and for the reasonable direct delay, disruption, and interference costs incurred by City as a result of Contractor’s failure to take reasonable and customary measures with respect to City’s other work.
B. If Contractor damages, delays, disrupts, or interferes with the work of any other contractor, or any utility owner performing other work at or adjacent to the Site, through Contractor’s failure
to take reasonable and customary measures to avoid such impacts, or if any Damage Claim arising out of Contractor’s actions, inactions, or negligence in performance of the Work at or adjacent to the Site is made by any such other contractor or utility owner against Contractor,
City, or Engineer, then Contractor shall (1) promptly attempt to settle the claim as to all parties through negotiations with such other contractor or utility owner, or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law, and (2) indemnify, defend and
hold harmless City and Engineer, and the officers, elected and appointed officials, directors, members, partners, employees, agents, consultants and subcontractors of each and any of them from and against any such claims, and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such damage, delay, disruption, or interference.
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ARTICLE 9 – CITY’S RESPONSIBILITIES
9.01 Communications to Contractor
A. Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor.
9.02 Furnish Data
A. City shall promptly furnish the data required of City under the Contract Documents.
9.03 Pay When Due
A. City shall make payments to Contractor when they are due in accordance with and subject to the provisions of Article 14.
9.04 Lands and Easements; Reports, Tests, and Drawings
A. City’s duties with respect to providing lands and easements are set forth in Paragraph 5.01.
B. Article 5 refers to City’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions at the Site, and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents.
9.05 Change Orders
A. City’s responsibilities with respect to Change Orders are set forth in Article 11.
9.06 Inspections, Tests, and Approvals
A. City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.02.DD.
9.07 Limitations on City’s Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract
Documents.
9.08 Undisclosed Hazardous Environmental Condition
A. City’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 5.06.
9.09 Compliance with Safety Program
A. While at the Site, City’s employees and representatives shall comply with the specific
applicable requirements of Contractor’s safety programs of which City has been informed in advance in writing pursuant to Paragraph 7.15.
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ARTICLE 10 – CITY’S OBSERVATION DURING CONSTRUCTION
10.01 City’s Project Manager or Duly Authorized Representative
A. City will provide a Project Manager or duly authorized representative during the construction period. The duties and responsibilities and the limitations of authority of City’s Project Manager or duly appointed representative during construction are set forth in the Contract Documents.
B. City’s Project Manager for these Contract Documents is as set forth in the Supplementary Conditions. City will establish a duly authorized representative at the Preconstruction Meeting in accordance with Section 01 31 19 of the General Requirements.
10.02 Visits to Site
A. City will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality
of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City will not be required to make exhaustive or
continuous inspections on the Site to check the quality or quantity of the Work. City’s efforts will be directed toward providing City a greater degree of confidence that the completed Work
will conform generally to the Contract Documents.
B. City’s visits and observations are subject to all the limitations on City’s responsibility set forth in Paragraph 9.07. Particularly, but without limitation, during or as a result of City’s visits or observations of Contractor’s Work, City will not supervise, direct, control, or have authority
over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.
10.03 Determinations for Work Performed
A. As applicable, Contractor will determine the actual quantities and classifications of Work performed.. City’s Project Manager or duly authorized representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data).
10.04 Decisions on Requirements of Contract Documents and Acceptability of Work
A. City will be the interpreter of the requirements of the Contract Documents and judge the
acceptability of the Work thereunder.
B. City will render a written decision on any issue referred.
C. City’s written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 11.07.
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ARTICLE 11 – CHANGES ININ THE WORK; CLAIMS; EXTRA WORK
11.01 Amending and Supplementing the Contract
A. The Contract may be amended toto provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof, including in the Contract Price or Contract Time, but such amendment will be made by Change Order only.
B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one of the following ways:
1. A Field Order; or
2. City’s review of a Submittal (subject to the provisions of Paragraph 7.18.C); or
3. City’s written interpretation or clarification.
11.02 Execution of Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:
1. Changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed..
2. Changes in the Work which are: (a) ordered by City pursuant to Paragraph 11.04, (b) required because of City’s acceptance of defective Work under Paragraph 13.05 or City’s correction of defective Work under Paragraph 13.08, or (c) as otherwise agreed to by the parties.
11.03 Field Orders
A. City may authorize minor variations and deviations in changes in the Work if the changes do not involve an adjustment in the Contract Price or the Contract Time and are compatible with
the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such changes will be accomplished by a Field Order and will be binding on both the City and Contractor, which shall perform the Work involved promptly.
11.04 Authorized Changes in the Work – Extra Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall proceed with the Work involved only upon receiving written notice from City. Extra Work will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra Work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by City.
11.05 Unauthorized Changes in the Work
A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the
Contract Time with respect to any work performed that is not required by the Contract
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Documents, as amended, modified, or supplemented as allowed herein, except in certain cases of an emergency as provided in Paragraph 7.17.A.
11.06 Dispute of Extra Work
A. Should a difference arise as to what does or does not constitute Extra Work, or as to the
payment for such Extra Work, and the City requires its performance, the Contractor shall proceed with the Extra Work after making written request for a Change Order and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 11.07.
B. The Contractor shall furnish the City such records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected
set of plans showing the actual work performed.
C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be the full, complete and final payment for all charges, fees and costs Contractor incurs as a result of or relating to the Extra Work, whether said charges, fees or costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any charges, fees or costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the Extra Work.
11.07 Contract Claims Process
A. City’s Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.08, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims.
B. Notice:
1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the
Contract Claim.
2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City no later than 45 days after the start of the event giving rise thereto (unless the City notifies Contractor in writing that City will allow additional time for
Contractor to submit additional or more accurate data in support of such Contract Claim).
3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 11.08.
4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance
with the provisions of Paragraph 11.09.
5. Each Contract Claim shall be accompanied by Contractor’s written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled
as a result of said event.
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6. The City shall submit any response to the Contractor within 30 days after receipt of the Contractor’s last submittal (unless in connection with the Contract Claim (unless Contractor allows the City additional time to submit a response).
C. City’s Action: City will review each Contract Claim and, within 30 days after receipt of the
last submittal of the Contractor unless action by City’s Council is required, take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
2. approve the Contract Claim; or
3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City’s sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial.
D. City’s written action under this Paragraph 11.07 will be final and binding, unless City or
Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial.
E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 11.07.
F. If the City fails to take any action pursuant to this Paragraph 11.07, the Contract Claim is considered to have been denied by the City.
11.08 Change of Contract Price
A. The Contract Price may only be changed by a Change Order.
B. TheThe value of any Work covered by a Change Order will be determined as follows:
1. Where the Work involved is covered by unit prices contained in the Contract Documents, then by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 12.03);
2. Where the Work involved is not covered by unit prices contained in the Contract Documents, then by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with
Paragraph 11.08.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or
3. Where the Work involved is not covered by unit prices contained in the Contract Documents and the parties do not reach mutual agreement to a lump sum or unit price,
then on the basis of the Cost of the Work (determined as provided in Paragraph 12.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 11.08.C).
C. Contractor’s Fee: The Contractor’s fee for overhead and profit will be determined as follows:
1. A mutually acceptable fixed fee; or
2. If a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:
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a. For costs incurred under Paragraphs 12.01.B.1, 12.01.B.2, and 12.01.B.3, the Contractor’s fee will be 15 percent except for:
1) rental fees for Contractor’s own equipment; and
2) bonds and insurance;
b. For costs incurred under Paragraph 12.01.B.4, the Contractor’s fee will be 5 percent;
1) Where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 11.08.C.2.a and 11.08.C.2.b is that the Contractor’s fee will be based on: (1) a fee of 15
percent of the costs incurred under Paragraphs 12.01.B.1, 12.01.B.2, and 12.01.B.3 by the Subcontractor that actually performs the Work, at whatever tier, and (2) with respect to Contractor itself and to any Subcontractors of a tier
higher than that of the Subcontractor that actually performs the Work, a fee of 5 percent of the amount (fee plus underlying costs incurred) attributable to the next lower tier Subcontractor; provided, however, in no case shall the
cumulative total of fees paid be in excess of 25% of the Cost of the Work;
c. No fee will be payable on the basis of costs itemized under Paragraphs 12.01.B.5, 12.01.B.6, and 12.01.C;
d. The amount of credit to be allowed by Contractor to City for any change which
results in a net decrease in Cost of the Work will be the amount of the actual net decrease in Cost of the Work and a deduction of an additional amount equal to 5 percent of such actual net decrease in Cost of the Work; and
11.09 Change of Contract Time
A. The Contract Time may only be changed by a Change Order.
B. No extension of the Contract Time will be allowed under a Change Order for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by critical path method analysis how the Extra Work or claimed delay adversely affects the critical path.
C. Delay, disruption, and interference in the Work, and any related changes in Contract Time, are addressed in and governed by Paragraph 4.03.
11.10 Notification to Surety
A. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change.
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ARTICLE 12 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY
MEASUREMENT
12.01 Cost of the Work
A. Purposes for Determination of Cost of the Work: The term “Cost of the Work” means the sum of all costs necessary for the proper performance of the Work at issue, as further defined below. The provisions of this Paragraph 12.01 are used for two distinct purposes:
1. To determine Cost of the Work when Cost of the Work is a component of the Contract Price, under cost-plus-fee, time-and-materials, or other cost-based terms; or
2. When needed to determine the value of a Change Order. When the value of any such adjustment is determined on the basis of Cost of the Work, Contractor is entitled only to those additional or incremental costs required because of the change in the Work or
because of the event giving rise to the adjustment.
B. Costs Included: The term, “Cost of the Work” means the sum of all costs, except those excluded in Paragraph 12.01.C, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work is covered by a Change Order, the
costs reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall be in amounts no higher than those
calculated based on the prevailing wage rates contained in the Contract Documents, shall not include any of the costs itemized in Paragraph 12.01.C, and may include as applicable, but not be limited to the following items:
1. Payroll costs for employees in the direct employ of Contractor in the performance of the
Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, safety managers, safety representatives, and other personnel employed full time on the Work. Payroll costs
for employees not employed full time on the Work will be apportioned on the basis of their time spent on the Work. Payroll costs shall include, salaries and wages plus the cost of fringe benefits, which include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours on Business Days, during Weekend Working Hours, or on a state or federal holiday observed by the City, shall be included in the above to the extent authorized by City.
2. Cost of all materials and equipment furnished and incorporated in the Work, including
costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith.
3. Rentals of all construction equipment and machinery and the parts thereof, whether rented from Contractor or others, in accordance with rental agreements approved in writing by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental
agreements. and the Contract Documents. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work.
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4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City . Contractor shall deliver such bids to City, which will then determine,
which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee will be determined in the same manner as Contractor’s Cost of the Work
and fee as provided in this Paragraph 12.01 and Paragraph 11.08.C.
5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed or retained for services
specifically related to the Work and specifically included in the agreed upon schedule of job classifications referred to in Paragraph 12.01.B.1 or otherwise specifically included in the Contract.
6. Supplemental costs consisting of the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor’s employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, and temporary office or facilities at the Site, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor.
c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, as imposed by Laws and Regulations, excluding those taxes for which an exemption is available as described in Paragraph 7.12.
d. Deposits lost for causes other than the negligence or willful misconduct of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.
e. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence or willful misconduct of Contractor, any
Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses include settlements made with the written consent and approval of CityCity. No such losses, damages, and expenses
will be included in the Cost of the Work for the purpose of determining Contractor’s fee.
f. The cost of utilities, fuel, and sanitary facilities at the Site.
g. Minor expenses such as communication service at the Site, express and courier
services, and similar petty cash items in connection with the Work.
h. The costs of premiums for all bonds and insurance that Contractor is required by the Contract Documents to purchase and maintain.
C. Costs Excluded: The term Cost of the Work does not include any of the following items:
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1. Payroll costs and other compensation of Contractor’s officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel
employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 12.01.B.1 or otherwise
specifically covered in the Contract. The payroll costs and other compensation excluded here are to be considered administrative costs covered by the Contractor’s fee.
2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at
the Site.
3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the acts, omissions, negligence or willful misconduct of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind.
D. Contractor’s Fee
1. When the Work as a whole is performed on the basis of cost-plus-a-fee, then:
a. Contractor’s fee for the Work set forth in the Contract Documents as of the Effective Date of the Agreement will be determined as set forth in the Contract.
b. for any Work covered by a Change Order for an adjustment in Contract Price on the basis of Cost of the Work, Contractor’s fee will be determined as set forth in Paragraph 11.08.C.
2. When the Work as a whole is performed on the basis of a stipulated sum, or any other basis other than cost-plus-a-fee, then Contractor’s fee for any Work covered by a Change Order for an adjustment in Contract Price on the basis of Cost of the Work will be determined in accordance with Paragraph 11.08.C.2.
E. Documentation and Audit: Whenever the Cost of the Work for any purpose is to be determined pursuant to this Article 12, Contractor and pertinent Subcontractors will establish and maintain records of the costs in accordance with generally accepted accounting practices, and submit in
a form acceptable to City an itemized cost breakdown together with supporting data. Subject to prior written notice, City will be afforded reasonable access, during normal business hours, to all Contractor’s accounts, records, books, correspondence, instructions, drawings, receipts,
vouchers, memoranda, and similar data relating to the Cost of the Work and Contractor’s fee. Contractor shall preserve all such documents for a period of three years after the final payment by City. Contractor will be responsible for ensuring that pertinent Subcontractors will afford such access to City, and preserve such documents, to the same extent as is required of Contractor.
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12.02 Allowances
A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City.
B. Cash Allowances: Contractor agrees that:
1. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and
2. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the cash allowances, have been included in the Contract Price and not in the allowances, and no demand for additional payment for
any of the foregoing will be valid.
C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City.
D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor for Work covered by allowances, and the Contract Price will be correspondingly adjusted.
12.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work multiplied by the estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 10.03.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete
installation, but not identified in the listing of unit price items shall be considered incidental to Unit Price Work listed and the cost of incidental work included as part of the unit price.
D. Adjustments in Contract Price
1. City may make an adjustment in the Contract Price in accordance with Paragraph 11.08 if:
a. the quantity of the item of Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and
b. there is no corresponding adjustment with respect to any other item of Work.
2. Adjusted unit prices will apply to all units of that item.
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E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 11.04.
1. If the changes in quantities or the alterations do not significantly change the character of the Work under the Contract Documents, the altered Work will be paid for at the Contract
unit price.
2. If the changes in quantities or alterations materially and significantly change the character of the Work, the Contract will be amended by a Change Order.
3. If no unit prices exist, thisany increase or decrease in quantities will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 11.
4. A significant change in the character of Work occurs when:
a. the character of work for any Item as altered differs materially or significantly in kind
or nature from that in the Contract; or
b. a Major Item of work varies by more than 25% from the original Contract quantity.
5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may
request an adjustment to the unit price.
12.04 Plans Quantity Measurement for Unclassified Excavation or Embankment
A. Plans quantities may or may not represent the exact quantity of Work performed or material moved, handled, or placed during the term of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised in accordance with the Contract.
B. If the total actual quantity measured for an individual item varies by more than 25% (or as stipulated under “Price and Payment Procedures” for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized Work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made
at the unit price bid for that Item, except as provided for in Article 11.
C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount identified in the approved change, and the 25% variance provisions of Paragraph 12.04.B will apply to the new plans quantity.
D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity.
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E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable.
ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Access to Work
A. City and its Engineer, consultants, representatives, employees, and independent testing laboratories, and authorities having jurisdiction shall have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply with such procedures and programs as applicable.
13.02 Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work (or specific parts thereof) for
all required inspections and tests and shall cooperate with inspection and testing personnel to facilitate required inspections and tests.
B. If the Contract Documents or any Laws and Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish City the required certificates of
inspection, testing or approval, except that those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall will be paid as described in the Supplementary Conditions.
C. Contractor shall be responsible for arranging, obtaining, and paying for all inspections, tests,
re-tests, and approvals required:
1. by the Contract Documents, unless the Contract Documents expressly allocate responsibility for a specific inspection or test to City;
2. to attain City’s acceptance of materials or equipment to be incorporated in the Work;
3. by manufacturers of equipment furnished under the Contract Documents;
4. for testing, adjusting, and balancing of mechanical, electrical, and other equipment to be incorporated into the Work; and
5. for acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work.
Such inspections and tests will be performed by independent inspectors, testing laboratories, or other qualified individuals or entities acceptable to City.
D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to
perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City.
1. City will coordinate such Testing to the extent possible, with Contractor;
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2. Should any Testing under this Section 13.03.D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed
a negative result and require a retest.
3. Any amounts owed for any retest under this Section 13.02.D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the
Testing Lab is paid.
E. If the Contract Documents require the Work (or part thereof) to be approved by City or another designated individual or entity, then Contractor shall assume full responsibility for seeking and obtaining such approvals.
F. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without the written approval of City, Contractor shall, if requested by City, uncover such Work for observation. Such uncovering and the recovering of such Work will be at
Contractor’s expense.
13.03 Defective Work
A. Contractor’s Obligation: It is Contractor’s obligation to assure that the Work is not defective.
B. City’s Authority: City has the authority to determine whether Work is defective, and to reject defective Work.
C. Notice of Defects: Written notice of all defective Work of which City has actual knowledge will be given to Contractor.
D. Correction, or Removal and Replacement: Promptly after receipt of written notice of defective Work, Contractor shall correct all such defective Work, whether or not fabricated, installed,
or completed, or, if City has rejected the defective Work, shall remove the defective Work from the Project and replace it with Work that is not defective. Failure to require the removal of any defective Work shall not constitute acceptance of such Work.
E. Preservation of Warranties: When correcting defective Work, Contractor shall take no action that would void or otherwise impair City’s warranty and guarantee, if any, on said Work.
F. Costs and Damages: In addition to its correction, removal, and replacement obligations with respect to defective Work, Contractor shall pay all claims, costs, losses, and damages arising out of or relating to defective Work, including but not limited to the cost of the inspection, testing, correction, removal, replacement, or reconstruction of such defective Work, fines levied against Contractor or City by governmental authorities because the Work is defective, and the costs of repair, replacement or reconstruction of work of others resulting from defective Work.
13.04 Rejecting Defective Work
A. City will have authority to reject Work which City believes to be defective or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing
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of the Work as provided in this Article 13, whether or not the Work is fabricated, installed, or completed.
13.05 Acceptance of Defective Work
A. If, instead of requiring correction or removal and replacement of defective Work, City prefers
to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such defective Work, and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior
to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of the Work so accepted.
13.06 Uncovering Work
A. City has the authority to require additional inspection or testing of the Work, whether or not
the Work is fabricated, installed, or completed.
B. If any Work is covered contrary to the Contract Documents or specific instructions of City and if requested by City, Contractor shall uncover such Work for City’s observation,
inspection or testing and then replace the covering, all at Contractor’s expense.
C. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, then Contractor, at City’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, and provide all necessary labor, material, and equipment.
1. If it is found that the uncovered Work is defective, Contractor shall be responsible for all claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others). City shall be entitled to accept defective Work in accordance with Paragraph 13.05 and in such case Contractor shall still be responsible for all costs associated with exposing, observing, and testing defective Work.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an extension of the Contract Time to the extent directly attributable to such uncovering,
exposure, observation, inspection, testing, replacement, and reconstruction.
13.07 City May Stop the Work
A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or Contractor fails to perform the Work in such a way that the
completed Work will conform to the Contract Documents, then City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been corrected or eliminated; however, this right of City to stop the Work will not give rise to any duty on the
part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or any employee or agent of, any of them.
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13.08 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace defective Work as required by City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply
with any other provision of the Contract Documents, then City may, after providing 7 days’ advance written notice to Contractor, correct or remedy any such deficiency.
B. In connection with such corrective or remedial action, City may exclude Contractor from all
or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow
CityCity, City’s representatives, agents and employees, and City’s other contractors access to the Site to enable City to exercise the rights and remedies under this Paragraph 13.08.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court, or arbitration or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.08 will be the responsibility of and will be charged against Contractor. A Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price. Such claims, costs, losses and damages will include, but not be limited to,
all costs of repair or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise by City of City’s rights and remedies
under this Paragraph 13.08.
ARTICLE 14 – PAYMENTS TO CONTRACTOR; COMPLETION; CORRECTION PERIOD
14.01 Progress Payments
A. Basis for Progress Payments: The Schedule of Values established as provided in Paragraph
2.03 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments for Unit Price Work will be based on the number of units completed during the pay period, as determined under the
provisions of Paragraph 12.03. Progress payments for cost-based Work will be based on Cost of the Work completed by Contractor during the pay period.
B. Applications for Payments
1. Contractor is responsible for providing all information as required to become a vendor of the City.
2. At least 20 days before the date established in the General Requirements for each progress payment (but not more often than once a month), Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents.
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3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment must also be accompanied by: (a) bill of sale,
invoice, or purchase order payments, copies of cancelled checks or other documentation establishing full payment by Contractor for the materials and equipment; (b) at City’s request, documentation warranting that City has received the materials and equipment
free and clear of all Liens; and (c) evidence that the materials and equipment are covered by appropriate property insurance, or other arrangements to protect City’s interest therein, all of which must be satisfactory to City.
4. Beginning with the second Application for Payment, each Application must include an affidavit of Contractor stating that all previous progress payments received on account of the Work by Contractor have been applied to discharge Contractor’s legitimate obligations associated with prior Applications for Payment.
5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents.
C. Review of Applications
1. City will, after receipt of each Application for Payment, either indicate in writing it will proceed to process the Application for Payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application.
2. City’s processing of any payment requested in an Application for Payment will be based on City’s observations of the executed Work, and on City’s review of the Application for Payment and the accompanying data and schedules, that based City’s actual knowledge:
a. the Work has progressed to the point indicated; and
b. the quality and/or quantity of the Work is generally in accordance with the Contract Documents (subject to any subsequent evaluations of the Work, an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any
subsequent tests or inspections called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraphs 10.05 and 12.03, and any other qualifications stated).
3. Processing any such payment will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work; or
b. there are no other matters or issues between the parties that might entitle Contractor
to be paid additionally by City or entitle City to withhold payment to Contractor; or
c. Contractor hashas complied with Laws and Regulations applicable to Contractor’s performance of the Work.
4. City may refuse to process or pay the whole or any part of any payment because of
subsequently discovered evidence or the results of subsequent inspections or tests, and
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may revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because:
a. the Work is defective, or the completed Work has been damaged by the Contractor
or his subcontractors, requiring correction or replacement;
b. there are discrepancies in quantities contained in previous applications for payment;
c. the Contract Price has been reduced by Change Orders;
d. City has been required to correct defective Work in accordance with Paragraph 1313.08, or has accepted defective Work pursuant to Paragraph 13.05;
e. City has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible; or
f. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A that would constitute a default by Contractor and therefore justify
termination for cause under the Contract Documents.
D. Retainage:
1. For all contracts, retainage shall be five percent (5%).
E. Liquidated Damages: For each calendar day that any work shall remain uncompleted after the
time specified in the Contract Documents, the sum per day specified in the Agreement will be paid by the Contractor to the City, not as a penalty, but as liquidated damages suffered by the City. If feasible, the parties may agree to have the liquidated damages deducted from any
amounts owned to Contractor by City instead of being paid directly to City by Contractor.
F. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents.
G. Reduction in Payment
1. City may refuse to make payment of the of the amount requested because:
a. Claims have been made against City based on Contractor’s performance or furnishing of the Work, or City has incurred costs, losses, or damages resulting from Contractor’s performance or furnishing of the Work, including but not limited to
claims, costs, losses, or damages from workplace injuries, adjacent property damage, non-compliance with Laws and Regulations, or patent infringement;
b. Contractor has failed to take reasonable and customary measures to avoid damage, delay, disruption, and interference with other work at or adjacent to the Site;
c. Contractor has failed to provide and maintain required bonds or insurance;
d. City has been required to remove or remediate a Hazardous Environmental Condition for which Contractor is responsible;
e. City has incurred extra charges or engineering costs related to submittal reviews,
evaluations of proposed substitutes, tests and inspections, or return visits to manufacturing or assembly facilities;
f. The Work is defective, requiring correction or replacement;
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g. City has been required to correct defective Work in accordance with Paragraph 13.08, or has accepted defective Work pursuant to Paragraph 13.05;
h. The Contract Price has been reduced by Change Orders;
i. An event has occurred that would constitute a default by Contractor and therefore justify a termination for cause;
j. Liquidated or other damages have accrued as a result of Contractor’s failure to achieve Milestones or Final Acceptance of the Work;
k. Liens have been filed in connection with the Work, except where Contractor has
delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens;
l. Other items entitle City to a set-off against the payment amount requested; or
m. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.
2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, within a reasonable time after Contractor remedies the reasons for such action to the satisfaction of City and City has confirmed such action.
14.02 Contractor’s Warranty of Title
A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens.
14.03 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to of any such part of the Work which City determines to be ready for its intended use. In addition, City may request in writing that Contractor permit City to use or occupy any such part of the Work that City believes to be substantially complete, subject to the following conditions:
1. At any time, Contractor may notify City that Contractor considers any such part of the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.03, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor.
3. Partial Utilization by City will not constitute Final Acceptance by City.
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14.04 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents:
1. City will promptly schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals
that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.
B. City reserves the right to deny request for Final Inspection if City determines that the entire
Work is not sufficiently complete to warrant a Final Inspection.
14.05 Final Acceptance
A. Upon completion by Contractor to City’s satisfaction, of any and all Work in accordance with the Contract Documents, including any corrections or additional Work identified in the Final Inspection and delivery of all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurances, certificates of inspection, annotated record documents and other required documents in accordance with the Contract Documents, City will issue to Contractor a letter of Final Acceptance.
14.06 Final Payment
A. Application for Payment
1. Upon receipt of a letter of Final Acceptance from City, Contractor may make application for Final Payment following the procedures for requesting payments in accordance with
the Contract Documents.
2. The final Application for Payment must be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to
the evidence of insurance required by Paragraph 6.03;
b. consent of the surety, if any, to final payment;
c. satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to City free and clear of any Liens or
other title defects or will so pass upon final payment.
d. a list of all Contract Claims or Damage Claims against City that Contractor believes are unsettled; and
e. affidavits of payments and complete and legally effective releases or waivers
(satisfactory to City) of all Lien rights arising out of the Work, and of Liens filed in connection with the Work.
B. Payment Becomes Due: The final payment requested by Contractor, less previous payments
made and less any sum to which City is entitled, including but not limited to liquidated damages, will become due and payable:
1. After City’s acceptance of the Application for Payment and accompanying documentation; and
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2. After all Damage Claims have been resolved:
a. directly by the Contractor; or
b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution.
The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract that continue thereafter.
14.07 Final Completion Delayed and Partial Retainage Release
A. If final completion of the Work is significantly delayed, and if City so confirms, City may,
upon receipt of Contractor’s final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected
is less than the retainage stipulated in Paragraph 14.01.D, and if bonds have been furnished as required in Paragraph 6.02, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to
City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims.
B. Partial Retainage Release. If the Contract provides for separate establishment and maintenance periods and/or test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained.
14.08 Waiver of Claims
A. The acceptance of final payment will constitute a waiver and release by Contractor of all claims, rights, causes of action, or liabilities, including Contract Claims, against City arising out of, related to or under the Contract or for any act, omission or neglect of City.
14.09 Correction Period
A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the Contract Documents) any Work has been found to be defective, or Contractor’s repair of any damages to the Site, adjacent areas, or areas made available for Contractor’s use by City has been found to be defective, then after receipt of City’s written notice of defect, Contractor shall promptly, without cost to City and in accordance with City’s written instructions:
1. correct the defective repairs to the Site or such adjacent areas, or areas made available for
Contractor’s use by City;
2. correct such defective Work;
3. remove the defective Work from the Project and replace it with Work that is not defective, if the defective Work has been rejected by City, and
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4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others, or to other land or areas resulting from the corrective measures.
B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the
defective Work corrected or repaired or may have the rejected Work removed and replaced. Contractor shall pay all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of
work of others).
C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected, repaired or removed and replaced under this Paragraph 14.09, the correction period hereunder with respect to such Work may be extended for an additional period of one year after the end of the initial correction period.
E. Contractor’s obligations under this paragraph are in addition to all other obligations and warranties. The provisions of this Paragraph 14.09 are not to be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose.
ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION
15.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor. City may fix the date on which Work will be resumed in such notice, and Contractor shall resume the Work on the date so fixed. During a temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in
Contract Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way; Contractor shall take every precaution to prevent damage or deterioration of the work performed; and Contractor shall provide suitable drainage about the work, and erect temporary structures where necessary.
D. Contractor may be reimbursed for the cost of moving its equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the
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equipment and no profit or overhead will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City.
15.02 City May Terminate for Cause
A. The occurrence of any one or more of the following events by way of example, but not of
limitation, may justify termination for cause:
1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment, or failure to adhere to the Project Schedule established under Paragraph 2.06 as adjusted from time to time pursuant to Paragraph 7.05);
2. Failure of Contractor to perform or otherwise to comply with a material term of the Contract; or
3. Contractor’s disregard of Laws and Regulations of any public body having jurisdiction; or
4. Contractor’s repeated disregard of the authority of City; or
5. Contractor’s failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or
6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or
7. Substantial indication that the Contractor has become insolvent or bankrupt, or otherwise financially unable to perform the Work satisfactorily; or
8. Contractor commences legal action in a court of competent jurisdiction against the City.
B. If one or more of the events identified in Paragraph 15.02.A occurs, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor’s failure to perform the Work. The conference shall be held not later than 15 days after receipt of notice. by both Contractor and surety.
1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of the conference to address Contractor's failure to perform the Work.
2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety’s performance of its obligations, then City, without process or action at law, may take over any portion
of the Work and complete it as described below.
a. If City completes the Work, City may exclude Contractor and Surety from the Site and take possession of the Work, and all materials and equipment stored at the Site
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or for which City has paid Contractor, but which are stored elsewhere, and the Work as City may deem expedient.
3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive
any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds the cost to complete the Work, including all related claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals) sustained by City, such excess will be paid to Contractor. If the cost to complete the Work including such related claims, costs, losses, and damages exceeds such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses, and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph 15.02, City shall not be required to obtain the lowest price for the Work performed.
4. Neither City, nor any of its respective consultants, agents, officers, elected or appointed officials, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor.
5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim, counterclaim or offset on account of the method used by City in completing the Contract.
6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special
guarantees provided for under the Contract Documents or any other obligations otherwise under the Contract or prescribed by law.
C. Notwithstanding Paragraph 15.02.B, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice.
D. Where Contractor’s services have been so terminated by City, the termination will not affect
any rights or remedies of City against Contractor then existing or which may thereafter accrue, or any rights or remedies of City against Contractor or Surety. Any retention or payment of money due Contractor by City will not release Contractor from liability.
E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 6.02, the termination procedures of that bond shall not supersede the provisions of this Article 15.
15.03 City May Terminate for Convenience
A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract, in whole or in part. Any termination shall be affected by giving notice of the termination to the Contractor specifying the extent to which performance of Work under the
contract is terminated, and the date upon which such termination becomes effective. Notice shall be deemed validly given if given in accordance with Paragraph 17.01.A.
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B. After a notice of termination, has been given, and except as otherwise directed by the City, the Contractor shall:
1. stop work under the Contract on the date and to the extent specified in the notice of termination;
2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated;
3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination;
4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City:
a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies
and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and
b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City.
5. complete performance of such Work as shall not have been terminated by the notice of termination; and
6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to the Contract that is in the possession of the Contractor and in which the City has or may acquire the rest.
C. At a time not later than 30 days after the termination date specified in the notice of termination,
the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of in accordance with the Contract, exclusive of items the disposition of which has been directed or authorized by City.
D. Not later than 15 days after Contractor’s submission of the certified list to City pursuant to Paragraph 15.03.C, the City shall accept title to such items, subject to verification of the list by the City upon removal of the items or,. If the items are stored, then City shall have 45 days
after submission of the list, to verify the list submitted and accept title to such items. Any necessary adjustments to correct the list as submitted, shall be made prior to final settlement.
E. Not later than 60 days after the notice of termination has been given, the Contractor shall submit a termination claim to the City in the form and with the certification prescribed by the City. Unless an extension request is made in writing within such 60-day period by the Contractor, and granted by the City, any and all such claims of Contractor that are not submitted to City within such 60-day period shall be conclusively deemed waived.
F. Should a termination claim be timely submitted to the City, Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
00 72 00 GENERAL CONDITIONS Page 63 of 65
CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020
and profit on such Work calculated and determined in accordance with the Contract Documents;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses calculated and determined in accordance with the Contract
Documents; and
3. reasonable expenses directly attributable to reasonable and necessary wind-down and termination activities, without any overhead or profit.
G. In the event of the failure of the Contractor and City to agree upon the whole amount to be
paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information submitted and available to it, the amount, if any, due to the Contractor by reason of the termination and City shall pay to the Contractor the amounts so determined.
Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of, related to or resulting from such termination.
ARTICLE 16 – RESOLUTION OF DISPUTES
16.01 Methods and Procedures
A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 11.07 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 11.07.E.
B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 calendar days of filing of the request.
C. The parties shall agree on a mediator; however, if they cannot agree within 14 calendar days then the Denton County Alternative Dispute Resolution Program (“DCAP”) shall appoint a mediator. The mediation session shall be held within 45 days of the retention of the mediator, and last for at least one full mediation day, before any party has the option to withdraw from
the process. The parties may agree to continue the mediation process beyond one day, until there is a settlement agreement, or one party, or the mediator, states that there is no reason to continue because of an impasse that cannot be overcome and sends a “notice of termination of
mediation.” All reasonable efforts will be made to complete the mediation within 30 days of the first mediation session. All costs of mediation shall be borne equally by the parties.
D. All communications, both written and oral, during Phases A and B are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence; however,
documents generated in the ordinary course of business prior to the Dispute, that would otherwise be discoverable, do not become confidential simply because they are used in the Negotiation and/or Mediation process.
E. The process shall be confidential based on terms acceptable to the mediator and/or mediation service provider.
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
00 72 00 GENERAL CONDITIONS Page 64 of 65
CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020
F. If the Contract Claim is not resolved by mediation, City’s action under Paragraph 11.07.C or a denial pursuant to Paragraphs 11.07.C.3 or 11.07.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor:
1. elects in writing to invoke any other dispute resolution process provided for in the
Supplementary Conditions; or
2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction as set forth within the Contract Documents.
ARTICLE 17 – MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract requires the giving of written notice, it will be deemed to have been validly given if delivered:
1. in person, by a commercial courier service or otherwise, if to City, to the duly authorized representative of City identified in the Contract Documents or to City’s Project Manager or, if to Contractor, to a member of the firm or to an officer of the corporation for whom it is intended; or
2. by registered or certified mail, postage prepaid, to the recipient’s place of business; or
3. by e-mail to the recipient.
17.02 Computation of Time
A. When any period of time is referred to in the Contract by days, it will be computed to exclude
the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day that is a state or federal holiday observed by the City, the next Business Day shall become the last day of the period.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are
otherwise imposed or available by Laws and Regulations, in equity, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this Paragraph 17.03 will be as effective as if repeated specifically in the Contract Documents in connection with each
particular duty, obligation, right, and remedy to which they apply.
17.04 Limitation of Damages
A. With respect to any and all claims, disputes subject to final resolution, and other matters at issue, neither City, nor any of its officers, directors, elected or appointed officials, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project. Further, the Contractor may only claim and the City may only be liable for those damages that are set forth in Subchapter I, Chapter 271 of the Texas
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
00 72 00 GENERAL CONDITIONS Page 65 of 65
CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 20, 2020
Local Government Code and the City shall not be liable for any consequential damages, exemplary damages or damages for unabsorbed home office overhead.
17.05 No Waiver
A.A party’s non-enforcement of any provision will not constitute a waiver of that provision, nor
will it affect the enforceability of that provision or of the remainder of this Contract.
B.The City has not waived its sovereign immunity except as expressly set forth in Subchapter I,Chapter 271 of the Texas Local Government Code or as expressly waived by other statute.
17.06 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and Final Acceptance of the Work or
termination of the Contract or of the services of Contractor.
17.07 Assignment of Contract
A.Unless expressly agreed to elsewhere in the Contract, no assignment by a party to this Contractof any rights under or interests in the Contract will be binding on the other party without the
written consent of the party sought to be bound; and, specifically but without limitation, moneythat may become due and money that is due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by law), and unless specificallystated to the contrary in any written consent to an assignment, no assignment will release ordischarge the assignor from any duty or responsibility under the Contract.
17.08 Successors and Assigns
A.City and Contractor each binds itself, its successors, assigns, and legal representatives to theother party hereto, its successors, assigns, and legal representatives in respect to all covenants,agreements, and obligations contained in the Contract Documents.
17.09 Governing Law
A.The Contract shall be construed in accordance with the laws of the State of Texas withoutregard to conflicts of law principles.
17.10 Headings
A.Article and paragraph headings are inserted for convenience only and do not constitute partsof these General Conditions.
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
"General Decision Number: TX20250025 01/03/2025
Superseded General Decision Number: TX20240025
State: Texas
Construction Type: Highway
Counties: Archer, Callahan, Clay, Collin, Dallas, Delta,
Denton, Ellis, Grayson, Hunt, Johnson, Jones, Kaufman, Parker,
Rockwall, Tarrant and Wise Counties in Texas.
HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building
structures in rest area projects & railroad construction;
bascule, suspension & spandrel arch bridges designed for
commercial navigation, bridges involving marine construction;
and other major bridges).
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract.|
|renewed or extended (e.g., an |. The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.75 per hour (or |
|| the applicable wage rate |
|| listed on this wage |
|| determination, if it is |
|| higher) for all hours |
|| spent performing on the |
|| contract in 2025.|
|______________________________|_____________________________|
|If the contract was awarded on|. Executive Order 13658 |
|or between January 1, 2015 and| generally applies to the |
|January 29, 2022, and the | contract.|
|contract is not renewed or |. The contractor must pay all|
|extended on or after January | covered workers at least |
|30, 2022:| $13.30 per hour (or the |
|| applicable wage rate listed|
|| on this wage determination,|
|| if it is higher) for all |
|| hours spent performing on |
|| that contract in 2025. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
Exhibit GDocusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
SUTX2011-007 08/03/2011
Rates Fringes
CONCRETE FINISHER (Paving and
Structures)......................$ 14.12 **
ELECTRICIAN......................$ 19.80
FORM BUILDER/FORM SETTER
Paving & Curb...............$ 13.16 **
Structures..................$ 13.84 **
LABORER
Asphalt Raker...............$ 12.69 **
Flagger.....................$ 10.06 **
Laborer, Common.............$ 10.72 **
Laborer, Utility............$ 12.32 **
Pipelayer...................$ 13.24 **
Work Zone Barricade
Servicer....................$ 11.68 **
POWER EQUIPMENT OPERATOR:
Asphalt Distributor.........$ 15.32 **
Asphalt Paving Machine......$ 13.99 **
Broom or Sweeper............$ 11.74 **
Concrete Pavement
Finishing Machine...........$ 16.05 **
Concrete Saw................$ 14.48 **
Crane Operator, Lattice
Boom 80 Tons or Less........$ 17.27 **
Crane Operator, Lattice
Boom over 80 Tons...........$ 20.52
Crane, Hydraulic 80 Tons
or Less.....................$ 18.12
Crawler Tractor.............$ 14.07 **
Excavator, 50,000 pounds
or less.....................$ 17.19 **
Excavator, over 50,000
pounds......................$ 16.99 **
Foundation Drill , Truck
Mounted.....................$ 21.07
Foundation Drill, Crawler
Mounted.....................$ 17.99
Front End Loader 3 CY or
Less........................$ 13.69 **
Front End Loader, over 3 CY.$ 14.72 **
Loader/Backhoe..............$ 15.18 **
Mechanic....................$ 17.68 **
Milling Machine.............$ 14.32 **
Motor Grader, Fine Grade....$ 17.19 **
Motor Grader, Rough.........$ 16.02 **
Pavement Marking Machine....$ 13.63 **
Reclaimer/Pulverizer........$ 11.01 **
Roller, Asphalt.............$ 13.08 **
Roller, Other...............$ 11.51 **
Scraper.....................$ 12.96 **
Small Slipform Machine......$ 15.96 **
Spreader Box................$ 14.73 **
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Servicer.........................$ 14.58 **
Steel Worker (Reinforcing).......$ 16.18 **
TRUCK DRIVER
Lowboy-Float................$ 16.24 **
Off Road Hauler.............$ 12.25 **
Single Axle.................$ 12.31 **
Single or Tandem Axle Dump
Truck.......................$ 12.62 **
Tandem Axle Tractor with
Semi Trailer................$ 12.86 **
Transit-Mix.................$ 14.14 **
WELDER...........................$ 14.84 **
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.75) or 13658
($13.30). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
----------------------------------------------------------------
The body of each wage determination lists the classifications
and wage rates that have been found to be prevailing for the
type(s) of construction and geographic area covered by the wage
determination. The classifications are listed in alphabetical
order under rate identifiers indicating whether the particular
rate is a union rate (current union negotiated rate), a survey
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
rate, a weighted union average rate, a state adopted rate, or a
supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than
""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union
whose collectively bargained rate prevailed in the survey for
this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in
processing the wage determination. The date, 07/01/2024 in the
example, is the effective date of the most current negotiated
rate.
Union prevailing wage rates are updated to reflect all changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for
those classifications, but that 100% of the data reported for
the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date, 01/01/2024
in the example, indicates the date the wage determination was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union
rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a weighted
average rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SUFL2022-007
6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that
classification. FL indicates the State of Florida. 2022 is the
year of the survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal
number used in producing the wage determination. The date,
6/27/2024 in the example, indicates the survey completion date
for the classifications and rates under that identifier.
?SU? wage rates typically remain in effect until a new survey
is conducted. However, the Wage and Hour Division (WHD) has the
discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and
prevailing wage rates set by a state (or local) government were
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which
the classifications and rates under the ?SA? identifier took
effect under state law in the state from which the rates were
adopted.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can
be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests
for summaries of surveys, should be directed to the WHD Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be
directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov or
by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested
party (those affected by the action) that disagrees with the
decision can request review and reconsideration from the Wage
and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via
email to dba.reconsideration@dol.gov or by mail to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and any information (wage payment
data, project description, area practice material, etc.) that
the requestor considers relevant to the issue.
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
3) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
================================================================
END OF GENERAL DECISION"
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
"General Decision Number: TX20250018 01/03/2025
Superseded General Decision Number: TX20240018
State: Texas
Construction Type: Heavy
Counties: Collin, Dallas, Denton, Ellis, Kaufman and Rockwall
Counties in Texas.
Water and Sewer Lines/Utilities (Including Related Tunneling
Where the Tunnel is 48"" or Less in Diameter)
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
______________________________________________________________
|If the contract is entered |. Executive Order 14026 |
|into on or after January 30, | generally applies to the |
|2022, or the contract is | contract. |
|renewed or extended (e.g., an |. The contractor must pay |
|option is exercised) on or | all covered workers at |
|after January 30, 2022: | least $17.75 per hour (or |
| | the applicable wage rate |
| | listed on this wage |
| | determination, if it is |
| | higher) for all hours |
| | spent performing on the |
| | contract in 2025. |
|______________________________|_____________________________|
|If the contract was awarded on|. Executive Order 13658 |
|or between January 1, 2015 and| generally applies to the |
|January 29, 2022, and the | contract. |
|contract is not renewed or |. The contractor must pay all|
|extended on or after January | covered workers at least |
|30, 2022: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
0 01/03/2025
PLUM0100-002 11/01/2024
Rates Fringes
Plumbers and Pipefitters.........$ 39.76 14.04
----------------------------------------------------------------
SUTX1991-004 09/23/1991
Rates Fringes
Laborers:
Common......................$ 7.25 **
Utility.....................$ 7.467 **
Pipelayer........................$ 7.828 **
Power equipment operators:
Backhoe.....................$ 10.804 **
Crane.......................$ 10.942 **
Front End Loader............$ 9.163 **
Tunneling Machine (48"" or
less).......................$ 9.163 **
TRUCK DRIVER.....................$ 8.528 **
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.75) or 13658
($13.30). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
----------------------------------------------------------------
The body of each wage determination lists the classifications
and wage rates that have been found to be prevailing for the
type(s) of construction and geographic area covered by the wage
determination. The classifications are listed in alphabetical
order under rate identifiers indicating whether the particular
rate is a union rate (current union negotiated rate), a survey
rate, a weighted union average rate, a state adopted rate, or a
supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than
""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union
whose collectively bargained rate prevailed in the survey for
this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in
processing the wage determination. The date, 07/01/2024 in the
example, is the effective date of the most current negotiated
rate.
Union prevailing wage rates are updated to reflect all changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for
those classifications, but that 100% of the data reported for
the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date, 01/01/2024
in the example, indicates the date the wage determination was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union
rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a weighted
average rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SUFL2022-007
6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that
classification. FL indicates the State of Florida. 2022 is the
year of the survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal
number used in producing the wage determination. The date,
6/27/2024 in the example, indicates the survey completion date
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
for the classifications and rates under that identifier.
?SU? wage rates typically remain in effect until a new survey
is conducted. However, the Wage and Hour Division (WHD) has the
discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and
prevailing wage rates set by a state (or local) government were
adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which
the classifications and rates under the ?SA? identifier took
effect under state law in the state from which the rates were
adopted.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can
be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests
for summaries of surveys, should be directed to the WHD Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be
directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov or
by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested
party (those affected by the action) that disagrees with the
decision can request review and reconsideration from the Wage
and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via
email to dba.reconsideration@dol.gov or by mail to:
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and any information (wage payment
data, project description, area practice material, etc.) that
the requestor considers relevant to the issue.
3) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210.
================================================================
END OF GENERAL DECISION"
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
EXHIBIT X – COST of the WORK
X.1 Costs to Be Reimbursed
X.1.1 The term Cost of the Work shall mean costs necessarily incurred by the CM@Risk in the proper
performance of the Work. The Cost of the Work shall include only the items set forth in Sections X.1 through
X.7.
X.1.2 Where, pursuant to the Contract Documents, any cost is subject to the City’s prior approval, the
CM@Risk shall obtain such approval in writing prior to incurring the cost.
X.1.3 Costs shall be at rates not higher than the competitive prices paid at the place of the Project, except
with prior approval of the City.
X.2 Labor Costs
X.2.1 Wages for labor in the direct employ of the CM@Risk in the performance of the Work at the rates set
forth in the GMP.
X.2.1.1 Pursuant to Chapter 2258, Texas Government Code, all contractors and any Subcontractor involved
in the construction of a public work project 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. CM@Risk shall assure that these requirements are met for the Project and shall
insure that every contract or subcontract relating to the Work requires, on behalf of City, that the prevailing
wage rates be paid.
X2.1.2 The CM@Risk shall be provided an applicable Department of Labor Wage Rate Determination for
use on the Project required by Chapter 2258.022, Texas Government Code. In the event the City does not
provide this Labor Wage Rate Determination, the CM@Risk shall request it in writing in a timely manner,
so as not to delay the CM@Risk's initial subcontractor procurement process during preconstruction. The
CM@Risk shall, if requested by the City, assist the City in conducting a survey of the wages paid, by labor
class, on projects of a similar type in a similar location.
X.2.2 Wages or salaries of the CM@Risk’s supervisory and administrative personnel when stationed at the
site and performing Work, with the City’s prior approval.
X.2.2.1 Charges for CM@Risk’s personnel, when stationed at the field office and engaged exclusively in
the performance of the Work, or other personnel as CM@Risk and City may mutually agree, as provided
and set forth in the GMP.
X.2.3 Wages and salaries of the CM@Risk’s supervisory or administrative personnel engaged at factories,
workshops or while traveling, 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.
X.2.4 Costs paid or incurred by the CM@Risk, as required by law or collective bargaining agreements, for
taxes, insurance, contributions, assessments and benefits and, for personnel not covered by collective
bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays,
vacations and pensions, but not merit bonuses or profit-sharing provided such costs are based on wages
and salaries included in the Cost of the Work under Sections X.2.1 through X.2.3. Charges for such costs
shall not exceed the CM@Risk’s actual cost and, as a result, when computing amounts chargeable for such
costs CM@Risk shall give proper consideration to what portion of such charges are solely attributable to
the Work and the effect of any annual or other periodic limitations on any such charges.
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
X.2.5 The rates set forth in the GMP shall remain unchanged throughout the duration of this Agreement,
unless the parties execute a Change Order.
X.2.6 Notwithstanding the rates shown in the GMP to be used by the CM@Risk for progress billings, the
City shall have the right to audit the CM@Risk’s actual labor costs, burdens, and related expenditures
before final payment, and adjust the City’s payment to the CM@Risk for variations found accordingly.
X.3 Subcontract Costs
Payments made by the CM@Risk to Subcontractors in accordance with the requirements of the
subcontracts properly entered into under this Agreement.
X.4 Costs of Materials and Equipment Incorporated in the Completed Construction
X.4.1 Costs, including temporary storage and transportation of materials and equipment incorporated, or to
be incorporated, in the completed construction.
X.4.2 Costs of materials described in the preceding Section X.4.1 in excess of those actually installed but
required to provide allowance for waste and for spoilage. Unused excess materials, if any, shall be properly
stored at the site, or in accordance with the City’s instructions, provided to the City at the completion of the
Work or, at the City’s option, shall be sold by the CM@Risk. Any amounts realized from such sales shall
be credited to the City as a deduction from the Cost of the Work. CM@Risk shall use its best efforts and
judgment to avoid purchasing excess materials without the prior approval of the City.
X.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items
X.5.1 Costs, including transportation and maintenance, of all materials, supplies, equipment, temporary
facilities and hand tools (not owned by the workers) consumed in the performance of the Work. Any such
items used but not consumed, which were paid for by the City, shall become property of the City and shall
be delivered to the City upon completion of the Work in accordance with instructions furnished by the City.
If the City elects, however, the CM@Risk shall purchase any items from the City at a purchase price equal
to the original cost charged to the City, less the reduction in fair market value resulting directly from any use
of such item in connection with the Work or such other price which is mutually acceptable for the City and
the CM@Risk. Upon demand by the City, the CM@Risk shall furnish the City with any information and
documentation necessary to verify the period of time for which items were used in connection with the Work.
X.5.2 Rental charges of all necessary machinery and equipment, exclusive of hand tools, not used at the
site of the Work, whether rented from the CM@Risk or others, including installation, minor repairs and
replacements, dismantling, removal, transportation and delivery costs thereof. Such rental charges shall
not exceed the amount set forth in in the GMP, attached hereto and made part hereof. In the absence of
any appropriate rental amount set forth in the GMP, rental charges shall be consistent with those generally
prevailing in the location of the Project. The CM@Risk shall obtain bids for all machinery and equipment
to be rented from no less than three (3) responsible suppliers other than the CM@Risk itself, or an Affiliate
as defined herein. The City shall, with the advice of the CM@Risk and CM@Risk, determine which bid is
to be accepted. In no event shall the CM@Risk be entitled to reimbursement for any cumulative total of
rental charges in connection with any single piece of machinery or equipment in excess of sixty percent
(60%) of its fair market value as of the date that such machinery or equipment is first put into service in
connection with the Work. The CM@Risk shall pay any excess rental charges. CM@Risk shall disclose
to the City and CM@Risk if any rental arrangements include a lease to purchase component as a result of
which rental payments chargeable to City as costs are applied, in whole or in part, to CM@Risk’s acquisition
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
of such rented equipment, in which event the rental rate otherwise provided for shall be reduced by fifty
percent (50%).
X.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal.
X.5.4 Costs of the CM@Risk’s site office, including reproduction costs, electronic communications and data
connections at the site, postal and parcel express delivery charges, documented petty cash expenses of
the site office as well as general office equipment and supplies.
X.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, with
the City’s prior approval, when stored and maintained in compliance with the Contract Documents.
X.6 Miscellaneous Costs
X.6.1 That portion of insurance and bond premiums that can be directly attributed to and required by this
Agreement. Expenses shall be substantiated by documentation in form of substance satisfactory to City.
Such premiums shall be adjusted at the Final Acceptance of the Work to reflect the final Contract Price.
X.6.2 Sales, use, or similar taxes, imposed by a governmental authority, which are related to the Work and
for which the CM@Risk is liable.
X.6.3 Fees and assessments for the building permit, and for other permits, licenses, and inspections, for
which the CM@Risk is required by the Contract Documents to pay.
X.6.4 Fees of testing laboratories for tests required by the Contract Documents; except those related to
nonconforming Work other than that which payment is permitted under the Contract Documents.
X.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required by the
Contract Documents, and provided such royalties, fees, and other costs are not excluded by provisions of
the Contract Documents.
X.6.6 Costs of document reproductions and delivery charges.
X.6.7 That portion of the reasonable expenses of the CM@Risk’s personnel incurred while traveling in
discharge of duties connected with the Work, when in compliance with Exhibit Y – General Conditions
Costs.
X.6.8 The cost of travel more than 100 miles from the site by; and commercial lodging, rental housing and
meals for the CM@Risk’s supervisory personnel properly and reasonably incurred in the performance of
the Work is "Travel and Subsistence". Travel and Subsistence incurred in accordance with the CM@Risk’s
written personnel policy for actual and verifiable relocation and temporary living expenses of personnel
required for the Work, in case it is necessary to relocate such personnel from locations further than one
hundred (100) miles from the site, when approved by the City in advance and in writing, and not in excess
of the line item amount shown for this purpose in the GMP.
X.7 Other Costs and Emergencies
X.7.1 Other costs incurred in the performance of the Work, with the City’s prior written approval.
X.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an emergency
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
affecting the safety of persons and property, to the extent not (1) caused by the CM@Risk, a subcontractor,
or anyone for whom either is responsible, or (2) capable of being prevented through timely notice of an
unsafe condition to the City.
X.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the CM@Risk,
Subcontractors, or suppliers, provided that such damaged or nonconforming Work resulted from causes
other than the fault, negligence, or neglect of the CM@Risk or its subcontractors, vendors or suppliers in
whole or in part, or, failure of CM@Risk or its subcontractors, vendors or suppliers to comply with all of the
requirements of the Contract Documents or the failure of the CM@Risk’s personnel to adequately supervise
the Work of the Subcontractors or suppliers, and only to the extent that the cost of repair or correction is
not recoverable by the CM@Risk from insurance, Subcontractors or suppliers.
X.7.4 The losses included in Section X.7.3, may include settlements made with the prior written consent
and approval of City. No such losses and expenses shall be included in the Cost of the Work for the purpose
of determining CM@Risk’s Fee unless such loss requires substantial reconstruction and CM@Risk is
placed in charge thereof. In such event, CM@Risk shall be paid for profit and overhead in an amount
calculated by the percentage identified in the Contract Documents, for Changes to the Work of the cost of
any such reconstruction, provided such substantial reconstruction is not: (i) required due to the fault or
negligence of the CM@Risk or failure of CM@Risk to comply with all of the requirements of the Contract
Documents; or (ii) incidental reconstruction, which for purposes of this Section X.7.4 is hereby deemed to
mean any reconstruction involving a cost of less than One Thousand Dollars ($ 1,000).
X.9 Costs Not to Be Reimbursed
X.9.1 The Cost of the Work shall not include (unless otherwise specifically stated in the GMP) the items
listed below:
.1 Salaries and other compensation of the CM@Risk’s personnel stationed at the CM@Risk’s
principal office or offices other than the site office, except as specifically provided in Section
X.2, or as may be provided in the GMP;
.2 Bonuses, profit sharing, incentive compensation, and any other discretionary payments,
paid to anyone hired by the CM@Risk or paid to any Subcontractor or vendor, unless the
City has provided prior approval;
.3 Expenses of the CM@Risk’s principal office and offices other than the site office;
.4 Overhead and general expenses, except as may be expressly included in Sections X.1 to
X.7;
.5 Rental costs of machinery and equipment, except as specifically provided herein;
.6 The CM@Risk’s capital expenses, including interest on the CM@Risk’s capital employed
for the Work;
.7 Except as provided in Section X.7.3 of this Agreement, costs due to the negligence of, or
failure to fulfill a specific responsibility of the Contract by, the CM@Risk, Subcontractors,
and suppliers, or anyone directly or indirectly employed by any of them or for whose acts
any of them may be liable;
.8 Costs incurred in the performance of Preconstruction Phase Services (unless specifically
stated in the GMP);
.9 Any cost not specifically and expressly described in Sections X.1 to X.7;
.10 Costs, other than costs included in Change Orders approved by the City, that would cause
the Guaranteed Maximum Price to be exceeded;
.11 Services and expenses of the estimating, personnel, accounting, budget control, audit and
management information systems relating to accounting in CM@Risk 's office and even if
at the site, except as specifically identified herein;
.12 Interest on CM@Risk 's capital or on money borrowed by CM@Risk, including the capital
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
employed by CM@Risk in the performance of the Work;
.13 Amounts required to be paid by CM@Risk for Federal and/or State income, franchise taxes
or other business taxes, but not including any applicable sales taxes;
.14 Legal, accounting, or other similar professional services provided by or to CM@Risk, in
regard to disputes, arbitrations, litigations or other such proceedings with Subcontractors,
with municipal authorities, with City, the Design Professional or any other person or entity
relating to the Project or otherwise;
.15 Sales, entertainment, and meal expenses;
.16 Employee vehicle expenses, including fuel above the “Travel & Subsistence” not-to-exceed
amount;
.17 General Conditions, Weather Protection and Travel and Subsistence in excess of the line
items shown in the GMP;
.18 Costs related to CM@Risk’s indemnification obligations;
.19 The cost of Travel and Subsistence not in compliance with the requirements of Section
X.6.12; and
.20 Costs for insurance through a captive insurer owned or controlled by the CM@Risk.
.
X.10 Discounts
X.10.1 Cash discounts obtained on payments made by the CM@Risk shall accrue to the City if: (1) before
making the payment, the CM@Risk included the amount to be paid, less such discount, in an Application
for Payment and received payment from the City; or (2) the City has deposited funds with the CM@Risk
with which to make payments. Trade discounts, rebates, refunds, and amounts received from sales of
surplus materials and equipment shall accrue to the City, and the CM@Risk shall make provisions so that
they can be secured. The CM@Risk shall not obtain for its own benefit any discounts, rebates or refunds
in connection with the Work from any source including but not limited to its Subcontractors, vendors, or
other suppliers of goods, insurance or other services without providing the City with at least thirty (30) days
prior written notice of the potential discount, rebate or refund and an opportunity to furnish funds if and when
necessary to obtain such discount, rebate or refund on behalf of the City in accordance with the
requirements of this Section X.8.10.
X.10.2 Amounts that accrue to the City in accordance with the provisions of Section X.8.10 shall be credited
to the City as a deduction from the Cost of the Work.
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
EXHIBIT Y – GENERAL CONDITIONS COSTS (HORIZONTAL PROJECTS VERSION)
The General Conditions Costs are a firm fixed lump sum amount included as a Cost of the Work and that
will include bonds and insurance premiums based on the full contract price for construction.
These General Conditions Costs include, but are not limited to the following types of costs for the
CM@Risk during the construction phase: payroll costs for project manager or construction manager
for Work conducted at the site; payroll costs for the superintendent and full-time general foremen;
payroll costs for other management personnel resident and working on the site; workers not included
as direct labor costs engaged in support (e.g. loading/unloading, clean-up, etc.); administrative office
personnel; costs of offices and temporary facilities including office materials, office supplies, office
equipment, minor expenses; utilities, fuel, sanitary facilities and telephone services at the site; costs
of liability insurance premiums not included in labor burdens for direct labor costs; costs of bond
premiums; costs of consultants not in the direct employ of the CM@Risk or Subcontractors; and
fees for licenses
Docusign Envelope ID: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5
Certificate Of Completion
Envelope Id: 45A6D0B1-C4D4-4786-A10A-27D4A4440FB5 Status: Completed
Subject: Please DocuSign: City Council Contract 8225 CMAR for Neighborhood 1B GMP#1
Source Envelope:
Document Pages: 173 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
2/4/2025 5:52:57 PM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Purchasing Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 2/4/2025 6:04:28 PM
Viewed: 2/4/2025 6:05:08 PM
Signed: 2/4/2025 6:05:19 PM
Electronic Record and Signature Disclosure:
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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(None)
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Using IP Address: 198.49.140.10
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Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
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Joe Dooley
jedooley@sundt.com
Senior Vice President
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Electronic Record and Signature Disclosure:
Accepted: 2/9/2025 5:41:52 PM
ID: 151e566a-06b8-4ade-8bb0-1621615ad845
Signer Events Signature Timestamp
Trevor Crain
Trevor.Crain@cityofdenton.com
Director of Capital Projects
City of Denton
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(None)
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Using IP Address: 47.190.47.120
Signed using mobile
Sent: 2/10/2025 7:56:00 AM
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Signed: 2/10/2025 7:57:35 AM
Electronic Record and Signature Disclosure:
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ID: dee01b92-d19e-4b9f-a816-5acc8d20b011
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 2/10/2025 7:57:40 AM
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Signed: 3/5/2025 9:44:28 AM
Electronic Record and Signature Disclosure:
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 3/5/2025 9:47:35 AM
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Signed: 3/5/2025 9:48:32 AM
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Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
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(None)
Signature Adoption: Pre-selected Style
Using IP Address: 45.231.170.218
Signed using mobile
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Signed: 3/6/2025 9:13:47 AM
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Lauren Thoden
lauren.thoden@cityofdenton.com
City Secretary
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In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
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Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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(None)
Sent: 2/4/2025 6:05:23 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
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City Secretary Office
citysecretary@cityofdenton.com
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Scott Fettig
Scott.Fettig@cityofdenton.com
Sr.PM
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(None)
Sent: 3/6/2025 9:44:53 AM
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Electronic Record and Signature Disclosure:
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ID: 9d188bf4-87d3-4371-a199-9cdbe8a9cf7e
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Signing Complete Security Checked 3/6/2025 9:44:48 AM
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you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Joe Dooley, Trevor Crain, Scott Fettig
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.