7985 - Contract Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
CSP 7985 RFP
Villages of Carmel Park Construction
Erica Garcia
Not Applicable
JULY 15, 2025
N/A
25-1192
STIPULATED SUM VERTICAL CONSTRUCTION CONTRACT
BY AND BETWEEN
CITY OF DENTON
AND
NORTHSTAR CONSTRUCTION, LLC
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TABLE OF CONTENTS
1 THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACT SUM
5 PAYMENTS
6 DISPUTE RESOLUTION
7 TERMINATION OR SUSPENSION
8 MISCELLANEOUS PROVISIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
EXHIBIT A GENERAL CONDITIONS
EXHIBIT B DRAWINGS AND SPECIFICATIONS; ON FILE WITH THE PURCHASING
AGENT
EXHIBIT C KEY PERSONNEL
EXHIBIT D ALTERNATES – NONE
EXHIBIT E ALLOWANCE – NONE
EXHIBIT F UNIT PRICE PROPOSAL FORM
EXHIBIT G INITIAL SCHEDULE OF VALUES - NONE
EXHIBIT H CONTRACTOR’S CONSTRUCTION SCHEDULE
EXHIBIT I ESCROW AGREEMENT - NONE
EXHIBIT J CONFLICT OF INTEREST QUESTIONNAIRE
EXHIBIT K PROPOSAL FORM
EXHIBIT L PREVAILING WAGE RATES
EXHIBIT M INSURANCE AND BONDS (TO BE COMPLETED AFTER CONTRACT
AWARD)
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STIPULATED SUM VERTICAL CONSTRUCTION CONTRACT
This Stipulated Sum Vertical Construction Contract (this “Agreement”) made as of the
____ day of ____________ in the year 20____ (the “Effective Date”) between City of Denton, a
Texas home rule municipal corporation located at 215 East McKinney Street Denton, Texas
76201 (the “Owner” or “City”) and Northstar Construction, LLC at 2112 Solona Street, Haltom
City, TX 76117 (the “Contractor”) for the following Project:
Villages of Carmel CSP# 7985
The Owner and Contractor agree as follows:
Article 1. THE CONTRACT DOCUMENTS
Section 1.1 The Contract Documents consist of this Agreement, Conditions of the
Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda
issued prior to execution of this Agreement, other documents listed in the above table of
contents, documents issued as part of the solicitation for the Project, this Agreement, and
Modifications issued after execution of this Agreement, all of which form the Contract, and are
as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes prior
negotiations, representations, or agreements, either written or oral. An enumeration of the
Contract Documents, other than a Modification, appears in Article 9. In the event any provision
contained in this Agreement conflicts with any provision contained in the Contract Documents,
the more stringent provision for the Contractor, as interpreted by the Owner, shall govern.
Section 1.2 If, and to the extent of, any inconsistency, ambiguity, discrepancy or error
in the Contract Documents (referred to collectively in this Section 1.2 as discrepancy), the
Contractor shall immediately seek clarification from (Insert Name and Firm of Design
Professional) (the “Design Professional” or “Architect” or “Engineer” as reference may be made
in the Contract Documents) and notify the Owner and Contractor that clarification has been
requested. In the event that the Design Professional fails to clarify such discrepancy, within a
reasonable time under the circumstances, the Contractor shall proceed with the Work without the
clarification based on written permission from the Owner, and give precedence to the Contract
Documents in the following descending order of priority:
a. Modifications issued after execution of the Owner-Contractor Agreement, including
all exhibits not specifically referenced in this Section 1.2;
b. the Owner-Contractor Agreement;
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15TH JULY 25
c. Addenda issued prior to the execution of the Owner-Contractor Agreement, with the
Addenda bearing the latest date taking precedence;
d. the General Conditions of the Contract for Construction;
e. Exhibit “B” - Drawings and Specifications;
Article 2. THE WORK OF THIS CONTRACT
Section 2.1 The Contractor shall in a good workmanlike manner, fully execute the
Work described in, and reasonably inferable by the Contractor as necessary to provide the results
intended by fully execute the Work described in the Contract Documents, except as specifically
indicated in the Contract Documents to be the responsibility of others: and the Contractor at its
sole cost, risk, and expense shall construct, equip, provide purchase, pay for, and furnish all of
the Work in accordance with such Contract Documents. and governmental codes and regulations
as they apply to performance of the Work.
Section 2.2 An Index of Drawings and Specifications which have been furnished to
the Contractor as of the date of this Agreement is set forth in Exhibit “B” – Drawings and
Specifications.
Section 2.3 The Contractor shall not be entitled to any adjustments in the Contract
Sum or the Contract Time as a result of any action, or failure to act, in connection with any work
or other services performed by the Contractor, or any entity affiliated with the Contractor, for
portions of the Project other than the Work, such as, without limitation, other projects for this
Owner or nearby the Project site, whether such work or other services are performed under
contract with the Owner or an independent third party.
Section 2.4 The Contractor shall proceed with performance of the Work as required by
the Contract Documents and shall not modify such requirements unless such modifications are
accepted by the Owner in a Change Order or Construction Change Directive. The Contractor
shall not be entitled to receive any additional fees as a result of any modification requests or
recommendations submitted by the Contractor.
Section 2.5 The Contractor shall furnish only skilled and properly trained staff for the
performance of the Work. The key members of the Contractor's staff shall be persons agreed
upon with the Owner and Contractor and identified in Exhibit "C" – Key Personnel, which is
attached hereto and incorporated herein for all purposes.
a. Such key members of the Contractor's staff shall not be changed without the written
consent of the Owner and Contractor, unless such person becomes unable to perform
any required duties due to death, disability or termination of employment with the
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Contractor. If a key member is no longer capable of performing in the capacity
described in Exhibit "C" – Key Personnel, the Owner, Design Professional, and the
Contractor shall agree on a mutually acceptable substitute.
b. During the performance of the Work, the Contractor shall keep a competent
superintendent at the Project site, who is fully authorized to act on behalf of the
Contractor. Notice from the Owner, Contractor or the Design Professional to such
superintendent, in connection with defective Work, instructions for performance of
the Work or any and all other issues shall be considered notice of such issues to the
Contractor.
Article 3. DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
Section 3.1 The construction of the Work to be performed under this Contract shall be
commenced within three (3) calendar days after receipt of a building permit and Owner's Notice
to Proceed.
Issuance of a Notice to Proceed for construction of the Work is subject to Owners
acceptance of the Contractor’s proposed Construction Management Plan, and receipt of a
building permit.
The Contractor shall notify the Owner in writing, with confirmation of receipt, not less
than three (3) business days before commencing the Work on the Project site to permit timely
filing of mortgages, mechanics’ liens, and other security interests.
Section 3.2 The Contract Time shall be measured from the date of Notice to Proceed.
Section 3.3 Substantial Completion
a. Subject to adjustments of the Contract Time as provided in the Contract Documents, the
Contractor shall diligently prosecute the Work and shall achieve Substantial Completion
of the entire Work by 240 days.
b. If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3,
liquidated damages, shall be as specified in Section 8.6 of Exhibit A - General Conditions
for the Contract for Construction.
Section 3.4 Final Completion
a. Subject to adjustments of the Contract Time as provided in the Contract Documents, the
Contractor shall diligently prosecute the Work and shall achieve final completion of the
entire Work by 300 days.
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b. If the Contractor fails to achieve final completion as provided in this Section 3.3,
liquidated damages, shall be as specified in Section 8.6 of Exhibit A - General Conditions
for the Contract for Construction.
Article 4. CONTRACT SUM
Section 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the
Contractor’s performance of the Contract. The Contract Sum shall be Two Million Five Hundred
Thirty Four Thousand Eight Hundred Eight Seven Dollars ($2,534,877.00), subject to additions
and deductions as provided in the Contract Documents. At the sole option of the City, Ten (10)
percent contingency in the amount of Two Hundred Fifty Three Four Hundred Eighty Seven
Dollars and Seventy Cents ($253,487.70) may be used for a total not-to-exceed amount of Two
Million Seven Hundred Eighty Eight Thousand Three Hundred Sixty Four Dollars and Seventy
Cents ($2,788,364.70).
Section 4.2 Alternates
a. Alternates, if any, included in the Contract Sum:
See Exhibit “D” – Alternates
b. Subject to the conditions noted below, the following alternates may be accepted by
the Owner following execution of this Agreement. Provided, however, that the
Contractor shall furnish the Owner with no less than fourteen (14) days prior written
notice of the date upon which any of the alternatives set forth in Exhibit “D” –
Alternates, must be accepted by the Owner in order for the Contractor to perform the
Work covered by such alternates for the price(s) set forth therein; and without any
adjustment to a Contractual Milestone date, the Contractor’s Construction Schedule
or the Contract Time. Upon acceptance, the Owner shall issue a Modification to this
Agreement.
See Exhibit “D” – Alternates
Section 4.3 Allowances, if any, included in the Contract Sum:
See Exhibit “E” – Allowances
Section 4.4 Unit prices, if any are set forth in Exhibit “F” – Unit Costs, and such unit prices are
considered complete and include all materials, equipment, labor, delivery, installation, overhead,
and profit; and any other costs or expenses in connection with, or incidental to, the performance
of that portion of the Work to which such unit prices apply.
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See Exhibit “F” – Unit Costs
Section 4.5 Liquidated damages, if any:
See Exhibit A - General Conditions for the Contract for Construction
Section 4.6 Other: By executing this Agreement and furnishing the Owner with both Exhibit “E”
– Allowances and Exhibit “G” – Initial Schedule of Values, the Contractor represents and
warrants that the Contract Documents, materials, and information furnished by the Contractor as
of the date of this Agreement, and the ongoing discussions and meetings between the Contractor
and the Owner and Design Professional have described the scope, construction requirements and
design intent for the Work in detail sufficient to enable the Contractor to firmly establish the
Contract Sum and the Contract Time. The Contractor shall not be permitted to claim any
adjustment in either the Contract Sum or Contract Time prior to Notice to Proceed in
connections with the completion of the Work except as described in the Contract Documents.
Article 5. PAYMENTS
Section 5.1 Progress Payments
a. Based upon Applications for Payment including all supporting documentation required
by the Owner and submitted to the Design Professional and Owner by the Contractor; its
review by the Design Professional and Owner; and Certificates for Payment issued by the
Design Professional and Certificates for Payment issued by the Design Professional, the
Owner shall make progress payments on account of the Contract Sum to the Contractor
as provided below and elsewhere in the Contract Documents.
b. The period covered by each Application for Payment shall be one calendar month ending
on the last day of the month.
c. Provided that a certifiable Application for Payment is approved by the Design
Professional not later than the «twenty-fifth (25th) » day of a month, the Owner shall
make payment of the amount certified to the Contractor not later than the « thirtieth
(30th) » day of the « following » month. If a certifiable Application for Payment is
received by the Design Professional after the application date fixed above, payment of the
amount certified shall be made by the Owner not later than « thirty » (« 30 ») calendar
days after the Design Professional approves the Application for Payment.
d. Each Application for Payment shall be based on the most recent schedule of values
submitted by the Contractor and approved in advance by the Owner and Design
Professional in accordance with the Contract Documents and the Construction
Management Plan. The schedule of values shall allocate the entire Contract Sum among
the various portions of the Work and be prepared in such form, and supported by such
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data to substantiate its accuracy, as the Owner and Design Professional may require. This
schedule of values, unless objected to by the Owner or Design Professional, shall be used
as a basis for reviewing the Contractor’s Applications for Payment.
e. Applications for Payment shall show the percentage of completion of each portion of the
Work as of the end of the period covered by the Application for Payment.
f. In accordance with Exhibit A - General Conditions for the Contract for Construction, and
subject to other provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
i. The amount of each progress payment shall first include:
.1 That portion of the Contract Sum properly allocable to completed
Work;
.2 That portion of the Contract Sum properly allocable to materials
and equipment delivered and suitably stored at the site for subsequent
incorporation in the completed construction, or, if approved in advance by
the Owner, suitably stored off the site at a location agreed upon in writing;
and
.3 That portion of Construction Change Directives that the Design
Professional determines, in the Design Professional’s professional
judgment, to be reasonably justified.
ii. The amount of each progress payment shall then be reduced by:
.1 The aggregate of any amounts previously paid by the Owner;
.2 The amount, if any, for Work that remains uncorrected and for
which the Contractor or Design Professional has previously withheld or
nullified a Certificate for Payment as provided in Article 9 of Exhibit A -
General Conditions for the Contract for Construction;
.3 Any amount for which the Contractor does not intend to pay a
Subcontractor or material supplier, unless the Work has been performed
by others the Contractor intends to pay;
.4 For Work performed or defects discovered since the last payment
application, any amount for which the Design Professional may withhold
payment, or nullify a Certificate of Payment in whole or in part, as
provided in Article 9 of Exhibit A - General Conditions for the Contract
for Construction; and
.5 Retainage withheld pursuant to Section 5.1.g.
.6
g. Retainage
i. For each progress payment made prior to Final Completion of the Work, the
Owner may withhold the following amount, as retainage, from the payment
otherwise due:
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Five Percent (5.0%)
h. Omitted.
i. Except with the Owner’s prior approval, the Contractor shall not make advance payments
to suppliers for materials or equipment which have not been delivered and stored at the
site.
j. Each Application for Payment shall, without limitation, conform with the requirements of
Exhibit A - General Conditions for the Contract for Construction, as amended.
k. In taking action on the Contractor’s Applications for Payment, the Owner and Design
Professional shall be entitled to rely on the accuracy and completeness of the information
furnished by the Contractor and shall not be deemed to represent that the Owner or
Design Professional have made a detailed examination, audit or arithmetic verification of
the documentation submitted in accordance with this Section 5.1.k or other supporting
data; that the Owner or Design Professional have made exhaustive or continuous on-site
inspections; or that the Owner or Design Professional have made examinations to
ascertain how or for what purposes the Contractor has used amounts previously paid on
account of the Contract. Such examinations, audits and verifications, if required by the
Owner, will be performed by the Owner’s auditors acting in the sole interest of the
Owner.
l. Except with the Owner’s prior approval, the Contractor shall not make advance payments
to suppliers for materials or equipment which have not been delivered and stored at the
site, and even with such approval the Contractor shall follow the procedures in the
Contract Documents for such payments.
m. In addition to other required items, the final Application for Payment shall be
accompanied by the following, all in form and substance satisfactory to the Owner and in
compliance with applicable statutes of the State of Texas all in a form acceptable to the
Owner:
.1 A current sworn statement from the Contractor setting forth all
Subcontractors and any material suppliers with whom the Contract has entered
into subcontracts; the amount of each such subcontract; the amount requested for
any Subcontractor or material supplier in the Application for Payment; and the
amount to be paid to the Contractor from such final payment;
.2 A current, duly executed waiver of mechanics’ and material suppliers’
liens from the Contractor conditional upon establishing receipt of payment or
satisfaction of the payment requested by the Contractor in the current Application
for Payment;
.3 A current Subcontractor’s lien waiver for the current period, conditional
only on payment from the Contractor, and duly executed, acknowledged sworn
statement showing all Sub-subcontractors and material suppliers with whom the
Subcontractor has entered into sub-subcontracts, the amount of each such sub-
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subcontract, the amount requested for any Sub-subcontractor and material
supplier in the requested progress payment, and the amount to be paid to the Sub-
subcontractor from such final payment to the Subcontractor;
.4 A current, duly executed unconditional final waiver of mechanics’ and
material suppliers’ liens from the Contractor and all Subcontractors and, when
deemed appropriate by the Owner and Design Professional, from material
suppliers and Sub-subcontractors establishing payment or satisfaction of
payments of all amounts requested by the Contractor on behalf of such entities or
persons in any previous Applications for Payment;
.5 A final certificate of occupancy issued by the appropriate governmental
body in which the project is located;
.6 All maintenance and operating manuals;
.7 Digitally marked, fully accessible electronic files (not “plot files” or
“PDFs”) of both field record drawings and specifications reflecting “as-built”
conditions;
.8 Digitally marked, accurately dimensioned, and fully accessible electronic
files (not “plot files” or “PDFs”) of drawings reflecting the location of any
concealed utilities, mechanical or electrical systems, and components;
.9 any special guarantees or warranties required by the Contract Documents;
.10 assignments of all guarantees and warranties from subcontractors,
vendors, suppliers, or manufacturers;
.11 a list of the primary contact names, email addresses, physical addresses,
and telephone numbers of all Subcontractors and any other persons providing
guarantees and warranties;
.12 all information and materials required to comply with the requirements of
the Contract Documents or reasonably requested by the Owner, or the Design
Professional; and
.13 If required by the Owner’s title insurer, if any, the Contractor shall execute
a personal gap undertaking in form and substance satisfactory to such title insurer.
Section 5.2 Final Payment
a. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made
by the Owner to the Contractor when
.1 the Contractor has fully performed the Contract except for the
Contractor’s responsibility to correct Work as provided in Article 12 of Exhibit A
- General Conditions for the Contract for Construction, and to satisfy other
requirements, if any, which necessarily survive beyond final payment; and
.2 a final Certificate for Payment has been issued by the Design Professional;
and.
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.3 the Contractor has provided, and the Owner has accepted as correct, all the
information and documents required under Section 5.1.m above; and
.4 a complete release of all claims arising out of, related to or connected with
Contractor's performance of the respective Phase under this Agreement, and any
claims of Subcontractors, subject to any claims reserved in accordance with the
terms of the General Conditions and an affidavit that so far as Contractor has
knowledge or information, the release includes and covers all materials and
services over which Contractor has control for which a claim could be filed,
subject to any claims reserved in accordance with the terms of the General
Conditions.
b. The Owner’s final payment to the Contractor shall be made no later than 30 days after the
issuance of the Design Professional’s final Certificate for Payment and the Contractor has
provided Owner with all required documentation.
Section 5.3 Interest
Payments are due and payable within thirty (30) days of the date the Owner receives the
Construction Manager’s approvable invoice, unless a different date for payment is provided
under this Agreement. Amounts unpaid shall bear interest at the legal rate allowed by Texas
Government Code Ch. 2251.
Article 6. DISPUTE RESOLUTION
Section 6.1 Initial Decision Maker
The Owner will serve as the Initial Decision Maker pursuant to Article 15 of Exhibit A - General
Conditions for the Contract for Construction.
Section 6.2 Binding Dispute Resolution
For any Claim subject to, but not resolved by, mediation or other alternative dispute
resolution method as mutually agreed by the parties (“ADR”) pursuant to Article 15 of Exhibit A
- General Conditions for the Contract for Construction, the method of binding dispute resolution
shall be litigation in a court of competent jurisdiction.
Article 7. TERMINATION OR SUSPENSION
Section 7.1 The Contract may be terminated by the Owner or the Contractor as provided
in Article 14 of Exhibit A - General Conditions for the Contract for Construction, as amended.
If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of
Exhibit A - General Conditions for the Contract for Construction, then the Owner shall pay the
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Contractor a compensation calculated in the manner as specified in Section 14.4.c of Exhibit A -
General Conditions for the Contract for Construction, as amended.
Section 7.2 The Work may be suspended by the Owner as provided in Article 14 of
Exhibit A - General Conditions for the Contract for Construction, as amended.
Section 7.3 In the event of such termination by the Owner, the amount to be paid to the
Contractor shall not exceed the amount the Contractor would have been entitled to receive under
Article 5 above.
Section 7.4 In no event shall the Contractor be entitled to receive “Lost Opportunity
Costs”, defined as unabsorbed overhead costs or unrealized profit on this Work, future work for
this Owner, other owner(s), other work, foregone opportunities for the Contractor, or other costs
not directly and verifiably associated with services actually performed or Work successfully
completed under this Agreement.
Article 8. MISCELLANEOUS PROVISIONS
Section 8.1 All references in this Agreement to Exhibit A, shall mean the Exhibit A -
General Conditions for the Contract for Construction, as modified and amended by the parties
hereto. Where reference is made in this Agreement to a provision of another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions
of the Contract Documents.
Section 8.2 The Owner’s representative:
City of Denton
Ryan Brumfield
Project Manager
321 E. McKinney Street
Denton, Texas 76201
(940) 349-8471
Ryan.Brumfield@cityofdenton.com
Section 8.3 The Contractor’s representative:
Michael Heimlich
Northstar Construction, LLC
President
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2112 Solona Street
Fort Worth, TX 76117
Mike@northstar93.com
Section 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed
without ten days’ prior notice to the other party.
Section 8.5 Insurance and Bonds
a. The Owner and the Contractor shall purchase and maintain insurance as set forth in
Exhibit A - General Conditions for the Contract for Construction, Insurance and
Bonds, and elsewhere in the Contract Documents.
Section 8.6 « Not Used. »
Section 8.7 Other Conditions and Services:
a. The Contractor represents and warrants the following to the Owner (in addition to any
other representation and warranties contained in the Contract Documents) as a material
inducement to the Owner to execute this Agreement, which representations and
warranties shall survive the execution and delivery of this Agreement, any termination of
this Agreement, and final completion of the Work:
.1 The Contractor is financially solvent, capable of obtaining adequate
insurance, able to pay all debts as they mature and possessed of sufficient working
capital to complete the Work and perform all obligations hereunder;
.2 The Contractor is able to furnish the physical infrastructure, tools,
materials, supplies, equipment and supervision, and labor required to complete the
Work and perform its obligations hereunder and has sufficient experience and
competence to do so;
.3 The Contractor is authorized to do business in the City of Denton, and the
State of Texas and is properly licensed by all necessary governmental and public
and quasi-public authorities having jurisdiction over the Contractor and over the
Work and the Project;
.4 The Contractor’s execution of this Agreement and performance thereof is
within the Contractor’s duly-authorized powers;
.5 The Contractor’s duly-authorized representative has visited the site of the
Project and is familiar with the local conditions under which the Work is to be
performed and has correlated its observations with the requirements of the
Contract Documents;
.6 The Contractor possesses a high level of experience and expertise in the
business administration, construction, construction management and
superintendence of projects of this size, complexity and nature of this particular
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Project and will perform the Work with the care, skill and diligence of such a
contractor;
.7 The foregoing warranties are in addition to, and not in lieu of, any and all
other liability imposed upon the Contactor by law with respect to the Contractor’s
duties, obligations, and performance hereunder; and
.8 The Contractor acknowledges that the Owner is relying upon the
Contractor’s skill and experience in connection with the proper, timely and
diligent prosecution of the Work.
b. In the event any provision contained in this Agreement conflicts with any provision
contained in the Contract Documents, the more stringent provision for the Contractor, as
interpreted by the Owner, shall govern.
c. Some or all of the Owner’s duties, approvals and actions required under this Agreement
may be provided by third parties by mutual agreement of the Owner and such third
parties. When notified in writing of the specific duties and responsibilities of such third
party, the Contractor will recognize the actions and approvals of the third party as
sufficient to fulfill the Owner’s responsibilities under this Agreement.
d. The Contractor shall provide sufficient supporting documentation in form and with a
level of detail wholly acceptable to the Owner and Contractor to substantiate any
Application for Payment, request for Change to the Contract Sum or Contract Time, and
all contract Allowances provided within the Contractor’s Contract Sum for this scope of
work. Failure to timely provide all supporting documentation, in and of itself, may result
in rejection of the Application for Payment or requested change to the Contract Sum or
Contract Time, or payment for work charged to the Allowance(s).
e. Proof of purchase and warehouse insurance naming the Owner, Contractor and Design
Professional as additional insureds, together with inspection rights for the Owner,
Contractor and Design Professional is to be provided for any billed materials by the
Contractor for the work not physically stored at the Project site.
f. Time limits set out in or under this Agreement are solely for the protection and benefit of
the Owner and create no third-party beneficiary rights in any other party.
g. Notices. All legal notices, consents, approvals, demands, requests or other
communications provided for or permitted to be given under any of the provisions of this
Agreement shall be in writing and shall be deemed to have been duly given or served
when delivered by hand delivery or when deposited in the U.S. mail by registered or
certified mail, return receipt requested, postage prepaid, and addressed as follows:
If to Owner:
Ryan Brumfield
Project Manager
City of Denton
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321 E. McKinney Street
Denton, Texas 76201
Ryan.Brumfield@cityodenton.com
City of Denton
ATTN: Contract 7985; Purchasing Manager
901B Texas Street
Denton, Texas 76209
purchasing@cityofdenton.com
And with a copy to City Attorney’s point of contact:
City Attorney
City of Denton
215 East McKinney St.
Denton, TX 76201
legal@cityofdenton.com
If to Contractor:
Michael Heimlich
Northstar Construction, LLC
President
2112 Solona Street
Fort Worth, TX 76117
Mike@northstar93.com
If to Design Professional:
Jermey Blad, RLA (the “Design Professional”)
Valley Quest Design
222 South Elm Street, Ste 102
Denton, TX 76201
h. All Exhibits referred to in this Agreement are, by reference, incorporated herein for all
purposes.
i. The numbering and captions of the sections are set forth only for convenience and
reference and are not intended in any way to define, limit, or describe the scope or intent
of this Agreement.
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j. The parties agree that they will execute any further instrument or instruments, and that
they will perform any act or acts, which are or may become necessary to effectuate any of
the terms or provisions of this Agreement.
k. Nothing contained in this Agreement shall create a contractual relationship with a cause
of action in favor of a third party against either the Owner or Contractor.
l. This Agreement has been created jointly and ambiguity cannot be construed against
either party.
m. This Agreement is and shall be subject to those provisions required of political
subdivisions by the laws of the State of Texas. The Contractor understands that the
Owner is a Texas home rule municipality and that the project is subject to applicable
provisions of Texas law including bid requirements, bonding, and final settlement
provisions.
n. Contractor understands that certain information, including this Agreement, are public
records available for public inspection and copying under the Texas Open Records Act.,
Texas Government Code Ch. 552, as amended, and other applicable laws.
o. The Owner represents that there are sufficient funds available to undertake this Project.
p. No term or condition of the Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the governmental or sovereign immunities, rights, benefits,
or protections of the Owner.
q. Contractor warrants that the products, processes, techniques and methodologies provided
by Contractor shall not infringe upon the copyright, patent or other proprietary rights of
others.
r. Contractor certifies and warrants that no gratuities, kickbacks or contingency fees were
paid in connection with this Agreement, nor were any fees, commissions, gifts or other
considerations made contingent upon the award of this Agreement. Contractor warrants
that to the best of Contractor’s knowledge, there exists no actual or potential conflict of
interest, and no financial or substantial interest as may be prohibited by Texas law, the
Charter, or Code of Ethics of the City of Denton between Contractor and Owner.
s. Contractor shall comply with the disclosure and reporting requirements in Local
Government Code Chapters 171 and 176, and Texas Government Code Sec. 2252.908.
Under Sec. 2252.908, if City Council approval is required to award this Agreement or if
this Agreement has a value of at least $1,000,000, the City may not enter into the
Agreement unless the Contractor submits a disclosure of interested parties to the City at
the time the executed Agreement is presented to the City. The disclosure must be made
on the form prescribed by the Texas Ethics Commission and the City is required to
submit a copy of the disclosure statement to the Texas Ethics Commission not later than
the 30th day after the disclosure is received by the City.
t. In case any provision hereof shall, for any reason, be held invalid or unenforceable in any
respect, such invalidity or unenforceability shall not affect any other provision hereof,
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and this Contract shall be construed as if such invalid or unenforceable provision had not
been included herein.
u. Contractor understands and agrees that TIME IS OF THE ESSENCE.
v. This Agreement may be executed by the parties hereto in separate counterparts, each of
which when so executed and delivered shall be an original, but all such counterparts shall
together constitute one and the same instrument. Each counterpart may consist of any
number of copies hereof each signed by less than all, but together signed by all of the
parties hereto. Any documents submitted to the City in electronic format shall be
considered equivalent to an original of such document.
w. Any of the representations, warranties, covenants, and obligations of the Parties, as well
as any rights and benefits of the Parties, pertaining to a period of time following the
termination of this Agreement shall survive termination.
x. COMPLIANCE WITH CERTAIN STATE LAW
.1 Prohibition on Contracts with Companies Boycotting Israel. Contractor
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, Contractor certifies that Contractor’s signature
provides written verification to the City that Contractor: (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.
.2 Prohibition on Contracts with Companies Boycotting Certain Energy
Companies. Contractor 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 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,
Contractor certifies that Contractor’s signature provides written verification to the
City that Contractor: (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.
.3 Prohibition on Contracts with Companies Boycotting Certain Firearm
Entities and Firearm Trade Associations. Contractor acknowledges that in
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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, Contractor certifies that Contractor’s signature provides written
verification to the City that Contractor: (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.
.4 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, Contractor certifies that Contractor’s signature provides written
verification to the City that Contractor, 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.
.5 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.
.6 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. Contractor shall assure that these requirements are met
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for the Project and shall insure that every contract or subcontract relating to the
Work requires, on behalf of Owner, that the prevailing wage rates be paid.
.7 The Contractor 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 Owner does not provide this Labor
Wage Rate Determination, the Contractor shall request it in writing in a timely
manner, so as not to delay the Construction Manager’s initial subcontractor
procurement process during preconstruction. The Construction Manager shall, if
requested by the Owner, assist the Owner in conducting a survey of the wages
paid, by labor class, on projects of a similar type in a similar location.
Article 9. ENUMERATION OF CONTRACT DOCUMENTS
Section 9.1 This Agreement is comprised of the following documents:
.1 Stipulated Sum Vertical Construction Contract
.2 Exhibit “A” – General Conditions of the Contract for Construction
.3 Exhibit “B” – Drawings and Specifications (On File with Purchasing
Manager)
.4 Addenda, if any:
See Exhibit “B” – Drawings and Specifications (On File with Purchasing
Manager)
Portions of Addenda relating to bidding or proposal requirements are not
part of the Contract Documents unless the bidding or proposal
requirements are also enumerated in this Article 9.
.5 Other Exhibits:
Exhibit “C” – Key Personnel
Exhibit “D” – Alternates
Exhibit “E” – Allowances
Exhibit “F” – Unit Costs
Exhibit “G” – Initial Schedule of Values
Exhibit “H” – Contractor’s Construction Schedule
Exhibit “I” – Escrow Agreement
Exhibit “J” – Conflict of Interest Questionnaire
Exhibit “K” – Proposal Form
Exhibit “L” – Prevailing Wage Rates
Exhibit “Y” – Contractor’s Insurance Certificate(s) and Bonds (To be
Completed after Contract Award)
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.6 Other documents, if any, listed below:
(List here any additional documents that are intended to form part of the
Contract Documents. Exhibit A provides that the advertisement or
invitation to bid, Instructions to Bidders, sample forms, the Contractor’s
bid or proposal, portions of Addenda relating to bidding or proposal
requirements, and other information furnished by the Owner in
anticipation of receiving bids or proposals, are not part of the Contract
Documents unless enumerated in this Agreement. Any such documents
should be listed here only if intended to be part of the Contract
Documents.)
« »
This Agreement entered into as of the day and year first written above.
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and
business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
CITY:
CITY OF DENTON, TEXAS
BY: _____________________________
SARA HENSLEY
CITY MANAGER
ATTEST:
LAUREN THODEN, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
CONTRACTOR:
NORTHSTAR CONSTRUCTION, LLC
BY: _____________________________
Michael Heimlich
President
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Gary Packan
Parks and Recreation
Director of Parks and Recreation
Section 00 72 00
Exhibit A – General Conditions
for the following PROJECT:
7985 Villages of Carmel Park Construction
THE OWNER:
City of Denton
215 East McKinney Street
Denton, Texas 76201
THE DESIGN PROFESSIONAL:
Valley Quest Design
Valley Quest Design
222 South Elm Street, Ste. 102
Denton, TX 76201
EXHIBIT A
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TABLE OF CONTENTS
1 GENERAL PROVISIONS
2 OWNER
3 CONTRACTOR
4 DESIGN PROFESSIONAL
5 SUBCONTRACTORS
6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
7 CHANGES IN THE WORK
8 TIME
9 PAYMENTS AND COMPLETION
10 PROTECTION OF PERSONS AND PROPERTY
11 INSURANCE AND BONDS
12 UNCOVERING AND CORRECTION OF WORK
13 MISCELLANEOUS PROVISIONS
14 TERMINATION OR SUSPENSION OF THE CONTRACT
15 CLAIMS AND DISPUTES
EXHIBIT A
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Article 1. GENERAL PROVISIONS
Section 1.1 Basic Definitions
a. The Contract Documents
The Contract Documents are enumerated in the Agreement between the Owner and Contractor
(hereinafter the Agreement) and consist of the Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Proposal Documents, Drawings, Specifications, Addenda
issued prior to execution of the Contract, other documents listed in the Agreement, and
Modifications issued after execution of the Contract. A Modification is (1) a written amendment
to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive,
or (4) a written order for a minor change in the Work issued by the Design Professional. Unless
specifically enumerated in the Agreement, the Contract Documents do not include the
advertisement or invitation to bid, Instructions to Bidders, sample forms, other information
furnished by the Owner in anticipation of receiving bids or proposals, the Contractor’s bid or
proposal, or portions of Addenda relating to bidding or proposal requirements.
b. The Contract
The Contract Documents form the Contract for Construction. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes prior negotiations,
representations, or agreements, either written or oral. The Contract may be amended or modified
only by a Modification. The Contract Documents shall not be construed to create a contractual
relationship of any kind (1) between the Contractor and the Design Professional or the Design
Professional’s consultants, (2) between the Owner and a Subcontractor or a Sub-subcontractor,
(3) between the Owner and the Design Professional or the Design Professional’s consultants, or
(4) between any persons or entities other than the Owner and the Contractor. The Design
Professional shall, however, be entitled to performance and enforcement of obligations under the
Contract intended to facilitate performance of the Design Professional’s duties. This Agreement
was the result of negotiations between the Owner and Contractor, and has been reviewed by the
Owner, Contractor and their respective counsel. Accordingly, this Agreement shall be deemed to
be the product of both parties and no ambiguity shall be construed in favor of or against either
party. The terms “Agreement” and “Contract” shall be used interchangeably to have the same
meaning as defined in this Section 1.1.b.
c. The Work
The term “Work” means the construction and services required by the Contract Documents,
whether completed or partially completed, and includes all other labor, materials, equipment,
supplies, skill, supervision, transportation, support services, facilities and other resources
necessary or proper or incidental to the carrying out and completion of the terms of the contract
and all other items of cost or value needed to produce, construct and fully complete the Work
identified by the Contract Documents. The Work may constitute the whole or a part of the
Project.
d. The Project
The Project is the total construction of which the Work performed under the Contract Documents
may be the whole or a part and which may include construction by the Owner and by Separate
Contractors.
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e. The Drawings
The Drawings are the graphic and pictorial portions of the Contract Documents showing the
design, location and dimensions of the Work, generally including plans, elevations, sections,
details, schedules, and diagrams.
f. The Specifications
The Specifications are that portion of the Contract Documents consisting of the written
requirements for materials, equipment, systems, standards and workmanship for the Work, and
performance of related services.
g. Design Documents
Design Documents are representations, in any medium of expression now known or later
developed, of the tangible and intangible creative work performed by the Design Professional and
the Design Professional’s consultants under their respective professional services agreements.
Design Documents may include, without limitation, studies, surveys, models, sketches, drawings,
specifications, the Project Manual and other similar materials.
h. Initial Decision Maker
The Initial Decision Maker is the person identified in the Agreement to render initial decisions.
i. The Indemnitees
The Owner, which includes the Mayor, members of the City Council, employees, agents, assigns,
and other city officers, the Owner’s consultants, the Design Professional, Design Professional’s
consultants, and the agents and employees of any of them shall hereafter be known as the
“Indemnitees”.
j. Construction Management Plan
The Construction Management Plan is prepared by the Contractor for its use in managing the
Work and is not a Contract Document. The Construction Management Plan must include, at a
minimum and without limitation, the following separate deliverables, which are subject to review
and approval by the Design Professional and Owner:
i. Safety and Logistics Plan;
ii. Contractor’s Construction Schedule;
iii. Cost Management Plan, Control Estimate and Schedule of Values;
iv. Quality Management, Commissioning and Turnover Plan; and
v. Information Management System.
k. As-Built Documents
The As-Built Documents are the Drawings, Specifications, and addenda thereto that may be
updated by the Contractor to accurately reflect the actual Work in place, including without
limitation, the incorporation of Change Orders, responses to the Contractor’s requests for
information, Design Professional’s supplemental instructions, field modifications, and other
similar changes made to the Work during construction. The As-Built documents shall conform to
the format and compatibility requirements of Section 3.10.1.i.
l. Work Breakdown Structure
The project’s Work Breakdown Structure (“WBS”) is a deliverable-oriented, hierarchical
organization of the Project components to be executed by the Owner, and its accompanying
numbering system. The WBS will be mutually agreed upon by the Owner and Design
Professional and used by the Contractor.
m. Equal to (or Approved Equal)
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Products by manufacturers and information about those products other than those products
specified in the Contract Documents which the Contractor may submit for substitution as equal to
those products specified in the Contract Documents; which may be incorporated in the Work after
using the process specified in the Contract Documents for review and acceptance by the Design
Professional and acceptance of same by the Owner.
n. 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 petroleum products, water, steam, waste, wastewater, storm water,
other liquids or chemicals, or traffic or other control systems.
o. Force Majeure
An act of God, fire, tornado, hurricane, flood, earthquake, explosion, war on American soil, civil
disturbance, labor strikes, and similar unavoidable circumstances beyond Contractor’s control,
not caused by the negligent act or omission of Contractor or breach of this Agreement, its
Subcontractors, or anyone else for whom Contractor is responsible, and not caused by
Contractor’s breach of a project labor or a "no strike" agreement.
p. Knowledge
The terms "knowledge," "recognize" and "discover," their respective derivatives and similar
terms in the Contract Documents, as used in reference to the Contractor, shall be interpreted to
mean that which the Contractor knows or should know, recognizes or should recognize and
discovers or should discover in exercising the care, skill, and diligence of a diligent and prudent
contractor familiar with the Work. Analogously, the expression "reasonably inferable" and
similar terms in the Contract Documents shall be interpreted to mean reasonably inferable by a
diligent and prudent contractor familiar with the Work and in accordance with the highest
standards in the construction profession.
q. Proposal
The offer or proposal of an Offeror submitted on the prescribed form setting forth the prices for
the Work to be performed.
r. Offeror
The individual or entity that submits a Proposal directly to City.
s. Proposal Documents
The Proposal Requirements and the proposed Contract Documents including all addenda.
t. Proposal Requirements
The Advertisement or Request for Proposal, Invitation to Offerors, Instructions to Offerors,
Offeror’s Bond or other Proposal security, the Proposal Form, and the Proposal with any
attachments.
u. Notice of Award
A written notice given by City to the Successful Offeror stating that upon timely compliance by
the Successful Offeror with the conditions precedent listed in such notice, City will sign and
deliver the Agreement.
v. Calendar Day
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A day consisting of 24 hours measures from midnight to the next midnight. A “day” or “Day”
unless otherwise defined shall mean a Calendar Day.
w. Business Day
A day that the City conducts normal business, generally Monday through Friday, except for
federal or state holidays observed by the City.
x. Notice to Proceed
A written instrument from the Owner to the Contractor requiring the Contractor to proceed with
performance of activities, including, but not limited to development of submittals, ordering of
materials, and any other services (the “Preconstruction Services”) required to prepare for and
expedite the construction of the Work as required by the Contract Documents; and complete the
Work (the “Construction Services”).
Section 1.2 Correlation and Intent of the Contract Documents
a. The intent of the Contract Documents is to include all items necessary for the proper execution
and completion of the Work by the Contractor. The Contract Documents are complementary, and
what is required by one shall be as binding as if required by all; performance by the Contractor
shall be required only to the extent consistent with the Contract Documents and reasonably
inferable from them as being necessary to produce the indicated results. Where a conflict occurs
between or within standards, specifications, and drawings, the more stringent or higher quality
requirements shall apply. The precedence and coordination of the Contract Documents are as
follows:
.1 Any addenda and modifications to the Drawings and Specifications take
precedence over any earlier Contract Documents.
.2 Should there be a conflict within the Specifications, or within the
Drawings, or between the Drawings and Specification, the Design Professional
shall decide which stipulation will provide the best installation and its decision
shall be final.
.3 The Drawing and Specifications are intended to coordinate with each
other. Anything shown on the Drawings but not mentioned in the Specification 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.
.4 The Drawings, for purposes of clearness and legibility, are essentially
diagrammatic, and although the sizes and locations of equipment are shown to
scale wherever possible, the Contractor, Subcontractors, and Sub-subcontractors
are required to familiarize themselves with all the Work required by the Contract
Documents. Each Contractor, Subcontractor, and Sub-subcontractor shall
properly coordinate its work with that of the Owner and all Separate Contractors.
It is not within the scope of the Drawings to show all necessary offsets,
obstructions or structural conditions. It shall be the responsibility of each
Contractor to plan, coordinate, and install its work in such a manner so as to
conform to the structure. Any conflict within the Drawings shall be referred to
the Design Professional for disposition prior to the installation of any affected
work.
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.5 Figured dimensions contained in the Contract Documents shall be
accurately followed, even though they differ from scaled measurements. 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. Larger scale Drawings shall have preference over smaller
scale drawings, but discrepancies shall be referred to the Design Professional for
interpretation.
.6 Underground Facilities
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:
City and Engineer shall not be responsible for the accuracy or
completeness of any such information or data provided by others; and
the cost of all of the following are included in the Contract Price, and
Contractor shall have full responsibility for:
reviewing and checking all information and data;
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;
coordination and adjustment of the Work with the owners
(including City) of such Underground Facilities, during
construction; and
the safety and protection of all existing Underground Facilities at
the Site, and repairing any damage thereto resulting from the
Work.
Not Shown or Indicated: 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, 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.
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 7.
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.
.7 Reliance by Contractor on Technical Data:
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Contractor is provided certain technical data 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:
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
other data, interpretations, opinions, and information contained in such
reports or shown or indicated in such drawings; or
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
any Contractor interpretation of or conclusion drawn from any “technical
data” or any such other data, interpretations, opinions, or information.
i. The invalidity of any provision of the Contract Documents shall not invalidate the
Contract or its remaining provisions. If it is determined that any provision of the Contract
Documents violates any law, or is otherwise invalid or unenforceable, then that provision
shall be revised to the extent necessary to make that provision legal and enforceable. In
such case the Contract Documents shall be construed, to the fullest extent permitted by
law, to give effect to the parties’ intentions and purposes in executing the Contract.
b. Organization of the Specifications into divisions, sections and articles, and arrangement of
Drawings shall not control the Contractor in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
c. Unless otherwise stated in the Contract Documents, words that have well-known technical or
construction industry meanings are used in the Contract Documents in accordance with such
recognized meanings.
Section 1.3 Capitalization
Terms capitalized in these General Conditions include those that are (1) specifically defined, (2)
the titles of numbered articles, or (3) the titles of other documents that are a part of this Contract.
Section 1.4 Interpretation
In the interest of brevity the Contract Documents frequently omit modifying words such as “all”
and “any” and articles such as “the” and “an,” but the fact that a modifier or an article is absent from one
statement and appears in another is not intended to affect the interpretation of either statement.
Section 1.5 Ownership and Use of Design Documents
a. Submittal or distribution of the Design Documents or any portion thereof to meet official laws,
statutes, ordinances and regulatory requirements or for other purposes in connection with this
Project is not to be construed as publication in derogation of the Owner’s reserved rights.
EXHIBIT A
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b. The Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers are
authorized to use and reproduce the Design Documents provided to them solely and exclusively
for execution of the Work. All copies made under this authorization shall bear the copyright
notice, if any, shown on the Design Documents. The Contractor, Subcontractors, Sub-
subcontractors, and material or equipment suppliers may not use the Design Documents on other
projects or for additions to this Project outside the scope of the Work without the specific written
consent of the Owner.
Section 1.6 Notice
a. Except as otherwise provided in Section 1.6.b, where the Contract Documents require one party
to notify or give notice to the other party, such notice shall be provided in writing to the
designated representative of the party to whom the notice is addressed and shall be deemed to
have been duly served if delivered in person, by mail, by courier, or by electronic transmission if
a method for electronic transmission is set forth in the Agreement. In the event notice is provided
by mail, it shall be sent certified return receipt requested.
b. Notice of Claims as provided in Section 15.1.c shall be provided in writing and shall be deemed
to have been duly served only if delivered to the designated representative of the party to whom
the notice is addressed by certified or registered mail, or by courier providing proof of delivery.
Section 1.7 Digital Data Use and Transmission
a. The parties shall agree upon protocols governing the transmission and use of Design Documents
or any other information or documentation in digital form. The parties will establish the protocols
for the development, use, transmission, and exchange of digital data in writing, as mutually
agreed.
b. The Contractor, at any time upon the request of the Owner, shall immediately return and
surrender to the Owner, without limitation, all electronic and hard copies of any Project-related
materials, records, notices, memoranda, recordings, drawings, specifications, mock-ups and any
other documents furnished by the Owner or the Design Professional to the Contractor.
Section 1.8 Building Information Models Use and Reliance
Any use of, or reliance on, all or a portion of a building information model without written
agreement to protocols governing the use of, and reliance on, the information contained in the model,
shall be at the using or relying party’s sole risk and without liability to the other party and its contractors
or consultants, the authors of, or contributors to, the building information model, and each of their agents
and employees.
Section 1.9 The representations and warranties contained in the Contract Documents shall survive
the complete performance of the Work or earlier termination of this Agreement.
Article 2. OWNER
Section 2.1 General
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a. The Owner is the person or entity identified as such in the Agreement and is referred to
throughout the Contract Documents as if singular in number. The Owner shall designate in
writing a representative who shall have express authority to bind the Owner with respect to all
matters requiring the Owner’s approval or authorization. Except as otherwise provided in Section
4.2.a, the Design Professional does not have such authority. The term “Owner” means the Owner
or the Owner’s authorized representative.
b. The Owner shall furnish the following information to a person, including the Design Professional
or Contractor, who makes a request for information under Texas Government Code Chapter
2253, related to a payment or performance bond: (1) a certified copy of a payment bond and any
attachment to the bond; (2) the public work contract for which the bond was given; and (3) the
toll-free telephone number maintained by the Texas Department of Insurance under Subchapter
B, Chapter 521, Insurance Code, for obtaining information concerning licensed insurance
companies.
c. The Owner may obtain independent review(s) of the Design Professional’s Design
Documents, or of any document or other materials submitted by the Contractor, by a
separate architect, engineer, contractor, cost estimator or any other consultant they deem
necessary and put under contract to or cause to be employed by the Owner. Such
independent review shall be undertaken at the Owner’s expense in a timely manner and
shall not delay the orderly progress of the Work. The Design Professional and Contractor
shall cooperate with such Owner’s other consultants fully and respond to their reviews and
comments in writing in a timely and comprehensive manner. This provision shall not be
interpreted to require the Owner to obtain an independent review or imply that the Owner
is in any way assuming responsibility for the work of the Design Professional and
Contractor.
Section 2.2 Evidence of the Owner’s Financial Arrangements
a. Prior to commencement of the Work and upon written request by the Contractor, the Owner shall
furnish to the Contractor reasonable evidence that the Owner has made financial arrangements to
fulfill the Owner’s obligations under the Contract.
b. Following commencement of the Work and within ten (10) business days of written request by
the Contractor, the Owner shall furnish to the Contractor reasonable evidence that the Owner has
made financial arrangements to fulfill the Owner’s obligations under the Contract only if (1) the
Owner fails to make payments to the Contractor as the Contract Documents require; (2) the
Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make
payment when due; or (3) a change in the Work materially changes the Contract Sum. If the
Owner fails to provide such evidence, as required, within fourteen days of the Contractor’s
request, the Contractor may immediately stop the Work and, in that event, shall notify the Owner
that the Work has stopped. However, if the request is made because a change in the Work
materially changes the Contract Sum under (3) above, the Contractor may immediately stop only
that portion of the Work affected by the change until reasonable evidence is provided. If the
Work is stopped under this Section 2.2.b, the Contract Time shall be extended appropriately, and
the Contract Sum shall be increased by the amount of the Contractor’s reasonable costs of
shutdown, delay and start-up, plus interest as provided in the Contract Documents.
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c. After the Owner furnishes evidence of financial arrangements under this Section 2.2, the Owner
shall not materially vary such financial arrangements without prior notice to the Contractor.
d. Where the Owner has designated information furnished under this Section 2.2 as “confidential,”
the Contractor shall keep the information confidential and shall not disclose it to any other
person. However, the Contractor may disclose “confidential” information, after seven (7) days’
notice to the Owner, where disclosure is required by law, including a subpoena or other form of
compulsory legal process issued by a court or governmental entity, or by court or arbitrator(s)
order. The Contractor may also disclose “confidential” information to its employees, consultants,
sureties, Subcontractors and their employees, Sub-subcontractors, and others who need to know
the content of such information solely and exclusively for the Project and who agree to maintain
the confidentiality of such information. Notwithstanding the above, all Agreements with the
Owner shall have all references to compensation redacted before disclosing to Subcontractors,
sub-Subcontractors, or any other tier of vendor.
Section 2.3 Information and Services Required of the Owner
a. Except for permits and fees that are the responsibility of the Contractor under the Contract
Documents, including those required under Section 3.7.a, the Owner shall secure and pay for
necessary approvals, easements, assessments and charges required for construction, use or
occupancy of permanent structures or for permanent changes in existing facilities.
b. The Owner shall retain a Design Professional lawfully licensed to practice architecture or
engineering as applicable, or an entity lawfully practicing architecture or engineering, as
applicable, in the jurisdiction where the Project is located. That person or entity is identified as
the Design Professional in the Agreement and is referred to throughout the Contract Documents
as if singular in number.
c. If the employment of the Design Professional terminates, the Owner shall employ a successor
whose status under the Contract Documents shall be that of the Design Professional.
d. The Owner shall furnish surveys describing physical characteristics, legal limitations and utility
locations for the site of the Project, and a legal description of the site. The Contractor shall be
entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper
precautions relating to the safe performance of the Work.
e. The Owner shall furnish information or services required of the Owner by the Contract
Documents with reasonable promptness. The Owner shall also furnish any other information or
services under the Owner’s control and relevant to the Contractor’s performance of the Work
with reasonable promptness after receiving the Contractor’s written request for such information
or services.
f. Unless otherwise provided in the Contract Documents, the Owner shall furnish to the Contractor
one copy of the Contract Documents for purposes of making reproductions pursuant to Section
1.5.b.
g. The foregoing are, without limitation and in addition to, the other duties and responsibilities of
the Owner specified in Article 6; Article 9; and Article 11.
Section 2.4 Owner’s Right to Stop the Work
If the Contractor fails to correct Work that is not in accordance with the requirements of the
Contract Documents as required by Section 12.2 or fails to carry out Work in accordance with the
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Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any
portion thereof, until the cause for such order has been eliminated; however, the right of the Owner to
stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of
the Contractor or any other person or entity, except to the extent required by Section 6.1.c nor shall the
exercise of the Owner’s right hereunder give rise to any claim by Contractor for additions to the Contract
Sum or Contract Time.
Section 2.5 Owner’s Right to Carry Out the Work
If the Contractor defaults or neglects to carry out the Work in accordance with the Contract
Documents and fails within forty-eight (48) hours from receipt of written notice from the Owner or
Design Professional to commence and continue correction of such default or neglect with diligence and
promptness, the Owner may, without prejudice to other remedies the Owner may have, correct such
default or neglect. The Design Professional may, at the direction of the Owner, pursuant to Section 9.5.a,
withhold or nullify a Certificate for Payment in whole or in part, to the extent reasonably necessary to
reimburse the Owner for the reasonable cost of correcting such deficiencies, including Owner’s expenses
and compensation for the Design Professional’s additional services made necessary by such default,
neglect, or failure. If current and future payments are not sufficient to cover such amounts, the Contractor
shall pay the difference to the Owner. If the Contractor disagrees with the actions of the Owner or the
Design Professional, or the amounts claimed as costs to the Owner, the Contractor may file a Claim
pursuant to Article 15.
Section 2.6 Extent of Owner Rights
a. The rights stated in this Article 2 and elsewhere in the Contract Documents are cumulative and
not in limitation of any rights of the Owner granted in the Contract Documents; at law; or in
equity.
b. In no event shall the Owner or Design Professional have control over, charge of, or any
responsibility for construction means, methods, techniques, sequences, or procedures or for safety
precautions and programs in connection with the Work. Notwithstanding anything else herein,
and without limitation, any review(s), independent or otherwise, or approval(s) by the Owner or
Design Professional of the Design Documents, the Contract Documents, the Contractor’s
Construction Management Plan(s), the Contractor’s Construction Schedule, shop drawings,
submittals, meeting minutes or other Contractor’s services, deliverables or activities; nor the
exercising of any of the rights and authority granted the Owner or Design Professional in the
Contract Documents shall in any way reduce, diminish, or otherwise affect the Contractor's
responsibilities, duties and accountability to the Owner for, without limitation, the construction
means, methods, techniques, sequences, procedures or for safety precautions, and the provision of
the Work per the requirements of the Contract Documents.
c. The Owner reserves the right to have the Contractor and/or subcontractors remove person(s)
and/or personnel from any and all work on the Project for cause but without cost to the Owner.
Such requests from the Owner will be made in writing and may be done directly or indirectly
through the Design Professional/Engineer or on-site representative. “Cause” may include, but is
not limited to, any of the following: incompetence, poor workmanship, poor scheduling abilities,
poor coordination, disruptive to the project, the facility or others, poor management, cause delay
or delays, will not strictly adhere to facility procedures and project requirements either willfully
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or unknowingly, insubordination, drug/alcohol use, possession of contraband, belligerent acts or
actions, etc. The Contractor shall provide replacement person(s) and/or personnel acceptable to
the Owner at no cost to the Owner.
Article 3. CONTRACTOR
Section 3.1 General
a. The Contractor is the person or entity identified as such in the Contract or Agreement and is
referred to throughout the Contract Documents as if singular in number. The Contractor shall be
lawfully licensed, if required in the jurisdiction where the Project is located, Denton County,
Texas. The Contractor shall designate in writing a representative who shall have express authority
to bind the Contractor with respect to all matters under this Contract. The term “Contractor”
means the Contractor or the Contractor’s authorized representative.
b. The Contractor shall perform the Work in accordance with the Contract Documents.
c. The Contractor shall not be relieved of its obligations to perform the Work in accordance with the
Contract Documents either by activities or duties of the Design Professional in the Design
Professional’s administration of the Contract, or by tests, inspections or approvals required or
performed by persons or entities other than the Contractor.
Section 3.2 Review of Contract Documents and Field Conditions by Contractor
a. Execution of the Contract by the Contractor is a representation that the Contractor has visited the
site, become generally familiar with local conditions under which the Work is to be performed,
and correlated personal observations with requirements of the Contract Documents. Prior to
execution of the Agreement, the Contractor and each Subcontractor have evaluated and satisfied
themselves as to the conditions and limitations under which the Work is to be performed,
including, without limitation, (i) the location, condition, layout, and nature of the Project site and
surrounding areas and generally prevailing climatic conditions; (ii) anticipated labor supply and
costs; (iii) availability and cost of materials, tools, and equipment; and (iv) other similar issues.
The Owner and Design Professional assume no responsibility or liability for the physical
condition or safety of the Project site, or any improvements located on the Project site. Except as
set forth in Section 10.3, the Contractor shall be solely responsible for providing a safe place for
the performance of the Work. The Owner and Design Professional shall not be required to make
any adjustment in either the Contract Sum or the Contract Time in connection with any failure by
the Contractor or any Subcontractor to have complied with the requirements of this Section 3.2.a.
b. Because the Contract Documents are complementary, the Contractor shall, before starting each
portion of the Work, carefully study and compare the various Contract Documents relative to that
portion of the Work, as well as the information furnished by the Owner pursuant to Section 2.3.d,
shall take field measurements of and verify any existing conditions related to that portion of the
Work, and shall observe and verify the impact of any conditions at the site affecting it. These
obligations are for the purpose of facilitating coordination and construction by the Contractor and
are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract
Documents; however, the Contractor shall promptly report to the Design Professional any errors,
inconsistencies or omissions discovered by or made known to the Contractor as a request for
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information in such form as the Design Professional may require. If the Contractor performs any
construction activity knowing it involves a recognized error, inconsistency or omission in the
Contract Documents without such notice to the Design Professional, the Contractor shall assume
appropriate responsibility for such performance and shall bear an appropriate amount of the
attributable costs for correction per Section 12.2. It is recognized that the Contractor’s review is
made in the Contractor’s capacity as a contractor and not as a licensed design professional, unless
otherwise specifically provided in the Contract Documents.
c. The Contractor is not required to ascertain that the Contract Documents are in accordance with
applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public
authorities, but the Contractor shall promptly report to the Design Professional any
nonconformity discovered by or made known to the Contractor as a request for information in
such form as the Design Professional may require.
d. If the Contractor believes that additional cost or time is involved because of clarifications or
instructions the Design Professional issues in response to the Contractor’s notices or requests for
information pursuant to Sections 3.2.b or 3.2.c, the Contractor shall submit Claims as provided in
Article 15. If the Contractor fails to perform the obligations of Sections 3.2.b or 3.2.c, the
Contractor shall pay such costs and damages to the Owner, subject to Section 15.1.g, as would
have been avoided if the Contractor had performed such obligations. If the Contractor performs
those obligations, the Contractor shall not be liable to the Owner or Design Professional for
damages resulting from errors, inconsistencies or omissions in the Contract Documents, for
differences between field measurements or conditions and the Contract Documents, or for
nonconformities of the Contract Documents to applicable laws, statutes, ordinances, codes, rules
and regulations, and lawful orders of public authorities unless such error, inconsistency or
omission could be ascertained from a careful study of the Contract Documents in its capacity as a
contractor and not as a design professional.
Section 3.3 Supervision and Construction Procedures
a. The Contractor shall supervise and direct the Work, using the Contractor’s best skill and
attention. The Contractor shall be solely responsible for, and have control over, construction
means, methods, techniques, sequences, and procedures, and for coordinating all portions of the
Work in accordance with the Contract Documents.
b. The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s
employees, Subcontractors and their agents and employees, and other persons or entities
performing portions of the Work for, or on behalf of, the Contractor or any of its Subcontractors.
c. The Contractor shall be responsible for inspection of portions of Work already performed to
determine that such portions are in proper condition to receive subsequent Work.
d. The Contractor shall carefully check its own work and that of Subcontractors as the Work is
being performed.
e. During the finishing stages of the project, the Contractor shall make frequent inspections of the
Work, with the applicable Subcontractor(s) involved, if any, with seven (7) days advance notice
to the Design Professional, and the Contractor shall identify incorrect and faulty Work.
f. The Contractor shall ensure that incorrect or faulty Work is corrected immediately.
g. The Contractor shall not be relieved of obligations to perform the Work in accordance with the
Contract Documents either by activities or duties of the Design Professional in their
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administration of the Contract, or by tests, inspections or approvals required or performed by
persons other than the Contractor.
Section 3.4 Labor and Materials
a. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for
labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation, and other facilities and services necessary for proper execution and completion of
the Work, whether temporary or permanent and whether or not incorporated or to be incorporated
in the Work.
b. The Contractor is encouraged to consider products and systems that improve the project and
retain the character of the products specified, but do not alter the intent of the project. However,
except in the case of minor changes in the Work authorized by the Design Professional in
accordance with Sections 3.12.h or 7.4, the Contractor may make substitutions only by a formal
request for substitution of products in place of those specified with the consent of the Owner,
after evaluation by the Design Professional in accordance with the conditions set forth below and
elsewhere in the Contract Documents, and a Change Order or Construction Change Directive.
The Contractor must submit to the Design Professional and the Owner, for each proposed
substitution:
.1 A full explanation of the proposed substitution and submittal of all
supporting data, including technical information, catalog “cut sheets”, warranties,
test results, installation instructions, operating procedures, and other like
information necessary for a complete evaluation of the substitution;
.2 A written explanation of the reasons the substitution is advantageous and
necessary, including the benefits to the Owner and the Work in the event the
substitution is acceptable;
.3 The adjustment, if any, in the Contract Sum, in the event the substitution
is acceptable;
.4 The adjustment, if any, in the time of completion of the Contract and the
Contractor’s Construction Schedule in the event the substitution is acceptable;
.5 An affidavit stating that (1) the proposed substitution conforms to and
meets all the requirements of the pertinent Specifications and the requirements
shown on the Drawings, and (2) the Contractor accepts the warranty and
correction obligations in connection with the proposed substitution as if
originally specified by the Design Professional;
.6 Proposals for substitutions shall be submitted electronically to the Design
Professional and the Owner’s other consultants, if any, in sufficient time to allow
no less than ten (10) business days for their respective reviews;
.7 No substitutions will be considered or allowed without the Contractor's
submittal of complete substantiating data and information as stated herein; and
.8 Substitutions and alternates may be rejected without explanation and will
be considered only under one or more of the following conditions: (1) the
proposal is required for compliance with interpretation of code requirements or
insurance regulations then existing; (2) specified products are unavailable
through no fault of the Contractor; (3) subsequent information discloses the
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inability of specified products to perform properly or to fit in the designated
space; (4) the manufacturer/fabricator refuses to certify or guarantee the
performance of the specified product as required; and (5) when, in the judgment
of the Owner or the Design Professional, a substitution would be substantially in
the Owner's best interests, in terms of cost, time, or other considerations; and
.9 Whether or not any proposed substitution is accepted by the Owner, the
Owner’s other consultants, if any (if any), or the Design Professional, the
Contractor shall reimburse the Owner for any fees charged by the Design
Professional, and the Owner’s other consultants for evaluating each proposed
substitute.
c. The Contractor shall enforce strict discipline and good order among the Contractor’s employees
and other persons carrying out the Work. The Contractor shall not permit employment of unfit
persons or persons not properly skilled in tasks assigned to them. Smoking and chewing of
tobacco products is prohibited in enclosed new construction. No glass bottles shall be brought on
the construction site or Owner’s property by any construction personnel.
d. All work under this Agreement shall be performed in a skillful and workmanlike manner in
accordance with the highest industry standards.
e. The Contractor shall only employ or use labor in connection with the Work capable of working
harmoniously with all trades, crafts, and any other individuals associated with the Project. The
Contractor shall also use best efforts to minimize the likelihood of any strike, work stoppage, or
other labor disturbance.
.1 If the Work is to be performed by trade unions, the Contractor shall make
all necessary arrangements to reconcile, without delay, damage, or cost to the
Owner and without recourse to the Design Professional or the Owner, any
conflict between the Contract Documents and any agreements or regulations of
any kind at any time in force among members or councils that regulate or
distinguish the activities that shall not be included in the work of any particular
trade; and
.2 In case the progress of the Work is affected by any undue delay in
furnishing or installing any items or materials or equipment required under the
Contract Documents because of such conflict involving any such labor agreement
or regulation, the Owner may require that other material or equipment of equal
kind and quality be provided pursuant to a Change Order or Construction Change
Directive.
Section 3.5 Warranty
a. The Contractor warrants to the Owner and Design Professional that materials and equipment
furnished under the Contract will be of good quality and new unless the Contract Documents
require or permit otherwise. The Contractor further warrants that the Work will conform with the
requirements of the Contract Documents and will be free from defects, except for those inherent
in the quality of the Work the Contract Documents require or permit. Work, materials, or
equipment not conforming to these requirements may be considered defective. The Contractor’s
warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not
executed by the Contractor, improper or insufficient maintenance, improper operation, or normal
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wear and tear and normal usage. If required by the Design Professional, the Contractor shall
furnish satisfactory evidence as to the kind and quality of materials and equipment. THE
CONTRACTOR SHALL DEFEND AND HOLD THE OWNER HARMLESS AGAINST
ANY CLAIM, DEMAND, LOSS, OR DAMAGE BY ANY BREACH OF THIS
WARRANTY, AND CONTRACTOR ACKNOWLEDGES IT SHALL NOT LIMIT SUCH
WARRANTY BY THE PROVISIONS OF SECTION 12.2.
b. All material, equipment, or other special warranties required by the Contract Documents shall be
issued in the name of the Owner and shall commence in accordance with Section 9.8.d.
c. When written warranties are specified, the document shall include the following information:
Name and address of Project and Owner;
Article, materials, or systems covered;
Name and address of Installer;
Name and address of Contractor; and
Signature of individual authorized to sign contracts for the company issuing the warranty.
d. The following minimum warranty terms shall be incorporated:
.1 Duration shall be one year or as otherwise specified, dated from the Date
of Substantial Completion;
.2 The article, material or system is free from defective materials and
workmanship;
.3 Costs of repair or replacement shall not accrue to the Owner, including,
without limitation, repair or replacement of other work disturbed by, or because
of, repair or replacement; and
.4 The warranty period of two years, or as otherwise specified, shall
recommence upon the identification and completion by Contractor and
acceptance by Owner of any warranty claim during the initial two-year (2)
warranty period.
e. Warranties which are provided by a manufacturer for its product shall be received by the
Contractor, filled out and filed with the manufacturer or other appropriate entity in coordination
with the Owner. Certificates or registration stubs shall be included with the record documents
submitted for the Owner upon completion of the Work. The Owner shall administrate
manufacturer’s warranties/guarantees after expiration of the Contractor’s warranty.
f. Temporary or trial usage by the Owner of any mechanical device, machinery, apparatus,
equipment, or any work or material supplied under the Contract Documents before final
completion and written acceptance by the Design Professional and Owner shall not be construed
as evidence of the Design Professional’s or the Owner’s acceptance of same, or the
commencement of any warranty periods.
g. The Owner has the privilege of such temporary or trial usage, for such reasonable time as the
Owner, or the Design Professional deem proper. The Contractor shall make no claims for damage
or injury to, or breaking of, any parts of such work which may be caused by weakness or
insufficiency of structural parts, or by defective materials or workmanship.
h. The Contractor may, without cost to the Owner, make such trial usage. However, trials shall only
be conducted with the Design Professional's prior approval and under its observation as may be
required by either of them. Equipment and/or materials shall be replaced or returned to “as new”
condition prior to acceptance by the Owner.
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i. The Contractor agrees to assign to the Owner at the time of final completion of the Work any and
all manufacturer’s warranties relating to materials and labor used in the Work and further agrees
to perform the Work in such manner so as to preserve any and all such manufacturer’s warranties.
j. If necessary as a matter of law, the Contractor may retain the right to enforce directly any such
manufacturers’ warranties during the one (1) year period following the date of Substantial
Completion described in Section 12.2.b.
Section 3.6 Taxes
The Contractor shall, to the extent not exempted under Section 13.11.i herein, pay sales,
consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted when
bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into
effect. In no event shall the Owner pay the Contractor for taxes that were not properly due or for which
the Owner is exempt from paying under Texas law.
Section 3.7 Permits, Fees, Notices and Compliance with Laws
a. Unless otherwise provided in the Contract Documents, the Owner shall secure and pay for the
building permit. The Owner shall also pay for any applicable gas, water, sewer and electrical
service application fees; 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. The Contractor shall 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.
b. The Contractor shall comply with and give notices required by applicable laws, statutes,
ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to
performance of the Work.
c. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes,
ordinances, codes, rules and regulations, or lawful orders of public authorities, regardless of
whether such work is in accordance with Contract Documents, and without notice to the Design
Professional that the Contract Documents are at variance with applicable laws, ordinances, rules,
or regulations, the Contractor shall assume appropriate responsibility for such Work and shall
bear the costs attributable to correction. Codes and ordinances shall take full and complete
precedence over anything contained in the Drawings, Specifications, or other Contract
Documents, except where the Contract Documents call for Work or materials of higher standards
than those required by codes or ordinances, in which case, the Contract Documents shall govern.
Nothing contained in the Contract Documents shall be construed as authority for the Contractor to
violate any applicable codes or ordinances in effect at the site.
d. Concealed or Unknown Conditions
If the Contractor encounters conditions at the site that are (1) subsurface or otherwise concealed
physical conditions that differ materially from those indicated in the Contract Documents or (2)
unknown physical conditions of an unusual nature that differ materially from those ordinarily
found to exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, the Contractor shall promptly provide notice to the
Owner and the Design Professional before conditions are disturbed and in no event later than
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seven (7) days after first observance of the conditions. The Design Professional will promptly
investigate such conditions and, if, in the Design Professional’s opinion, they differ materially
and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of
any part of the Work, will recommend that an equitable adjustment be made in the Contract Sum
or Contract Time, or both. If, in the Design Professional’s opinion, the conditions at the site are
not materially different from those indicated in the Contract Documents and that no change in the
terms of the Contract is justified, the Design Professional shall promptly notify the Owner and
Contractor, stating the reasons. If either party disputes the Design Professional’s
recommendation, that party may submit a Claim as provided in Article 15.
i. In no event shall any adjustment in the Contract Sum or Contract Time be made for
conditions which should have been known to the Contractor or would have been noticed
by a Contractor of similar size and experience pursuant to its on-site inspection; by way
of or conditions referenced in any other inspections or tests concerning the site which
have been made available to the Contractor or have been performed by the Contractor or
its Subcontractors; are part of the Contract Documents; or are part of the materials
provided by the Contractor to be used in constructing the improvements.
e. If, in the course of the Work, the Contractor encounters human remains or recognizes the
existence of burial markers, archaeological sites or wetlands not indicated in the Contract
Documents, the Contractor shall immediately suspend any operations that would affect them and
shall notify the Owner and Design Professional. Upon receipt of such notice, the Owner shall
promptly take any action necessary to obtain governmental authorization required to resume the
operations. The Contractor shall continue to suspend such operations until otherwise instructed by
the Owner but shall continue with all other operations that do not affect those remains or features.
Requests for adjustments in the Contract Sum and Contract Time arising from the existence of
such remains or features may be made as provided in Article 15.
f. The Contractor shall comply with all applicable laws, statutes, rules, codes, orders, regulations,
and ordinances, including, but not limited to, all immigration, environmental and safety laws,
statutes, rules, codes, orders and regulations.
.1 The Contractor shall also maintain at all times during the term of the this
Agreement (and for the time otherwise required by law) all records required by
the United States Citizenship and Immigration Services (“USCIS”), including,
without limitation, the completion and maintenance of the Form I-9 for each of
Contractor’s employees and shall respond at all times during the term of this
Agreement in a timely fashion to any inspection request related to such I-9 forms
by the Contractor, Owner or governmental agency or authority;
.2 Furthermore, during the term of this Agreement, and for the time
otherwise required by law, Contractor shall cause its officers, directors,
managers, agents, and employees to cooperate fully in all respects with any audit,
inquiry, inspection, or investigation that may be conducted by the USCIS of the
Contractor or any of its employees or subcontractors;
.3 The Contractor shall immediately, and in any event within two (2) hours
of Contractor’s first notice of an event described in this Section 3.7.f notify the
Owner in writing and by in-person voice communications (not voicemail) of any
unscheduled inspections, raids, investigations, inquiries, visits, or audits
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conducted by the USCIS, OSHA, or any other governmental agency or authority
related to environmental, immigration, or employee safety issues of the
Contractor, its agents, employees, its Design Professional, Subcontractors, or
Sub-subcontractors;
.4 The Contractor shall, on a monthly basis during the term of this
Agreement, conduct an audit of the I-9 forms for its employees and shall
promptly correct any defects or deficiencies that are identified as a result of such
audit;
.5 The Owner may, at its sole discretion, terminate this Agreement
immediately if, at any time during the term of this Agreement, the Contractor
violates or is in breach of any provision of this Section 3.7.f or the USCIS
determines that Contractor has not complied with any of the immigration laws,
statutes, rules, codes, or regulations of the United States or any applicable state
laws or regulations, or any applicable local ordinances, including, without
limitation, the Immigration Reform and Control Act of 1986, as amended, and
the Illegal Immigration Reform and Immigration Responsibility Act of 1996, as
amended, and any successor statutes thereto;
.6 If an employee of the Contractor or if the Contractor is later determined
to not have valid I-9 information then that employee shall be removed and barred
from the Project site at the Contractor’s expense; and
.7 The Contractor shall require the Subcontractors, Sub-subcontractors and
material suppliers to make the representations and warranties set forth in this
Section 3.7.f and to be bound by the same requirements set forth herein.
Section 3.8 Allowances
a. The Contractor shall include in the Contract Sum all allowances stated in the Contract
Documents. Items covered by allowances shall be supplied for such amounts and by such persons
or entities as the Owner may direct, but the Contractor shall not be required to employ persons or
entities to whom the Contractor has reasonable objection.
b. Unless otherwise provided in the Contract Documents,
.1 allowances shall cover the cost to the Contractor of materials and
equipment delivered at the site and all required taxes, less applicable trade
discounts;
.2 Contractor’s costs for unloading and handling at the site, labor,
installation costs, overhead, profit, and other expenses contemplated for stated
allowance amounts shall be included in the Contract Sum but not in the
allowances; and
.3 whenever costs are more than or less than allowances, the Contract Sum
shall be adjusted accordingly by Change Order. The amount of the Change Order
shall reflect (1) the difference between actual costs and the allowances under
Section 3.8.b.1 and (2) changes in Contractor’s costs under Section 3.8.b.2.
c. Materials and equipment under an allowance shall be selected by the Owner with reasonable
promptness.
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Section 3.9 Superintendent
a. The Contractor shall employ a competent superintendent and necessary assistants who shall be in
attendance at the Project site during performance of the Work including, but not limited to,
weekends, evenings and nights, or as otherwise reasonably and mutually agreed in writing with
the Owner, until all punch list items have been completed to the satisfaction of the Design
Professional. No subcontractor shall perform work on the site without the presence of the
Superintendent or Assistant Superintendent. The superintendent shall represent the Contractor,
and communications given to the superintendent shall be as binding as if given to the Contractor.
b. The Contractor, as soon as practicable after award of the Contract, shall notify the Owner and
Design Professional of the name and qualifications of a proposed superintendent. Within 14 days
of receipt of the information, the Owner or the Design Professional may notify the Contractor,
stating whether the Owner or the Design Professional (1) has reasonable objection to the
proposed superintendent or (2) requires additional time for review. Failure of the Design
Professional to provide notice within the 14-day period shall constitute notice of no reasonable
objection.
c. All of the Contractor’s proposed on-site personnel must be approved by the Design Professional
and Owner. The Contractor shall not employ a proposed superintendent to whom the Owner or
Design Professional has made reasonable and timely objection. The Contractor shall not change
the superintendent without the Owner’s consent, which shall not unreasonably be withheld or
delayed. Substitution or other significant personnel changes which may affect the Contractor’s
on-site personnel must be preceded by written notification of the Design Professional and Owner
no less than seven (7) business days before the anticipated event. Such proposed changes must be
approved by the Design Professional and Owner. The Contractor shall designate a second person
in charge in writing in the event the Superintendent is temporarily absent due to illness, vacation,
or any other cause(s).
Section 3.10 Contractor’s Construction and Submittal Schedules
i. Where the Contract is based on a Stipulated Sum, the Contractor, immediately after being
awarded the Work, and before execution of the Agreement, shall meet at a
Preconstruction Conference with the Owner for the purpose of reviewing the Contractor’s
proposed Construction Management Plan; assisting the Owner with further developing
the Master Project Schedule; and integrating the Work of the Contractor into that of the
Owner and all Separate Contractors, if any.
ii. The Contractor’s Project Schedule must include all the following:
.1 Use precedence format, critical path method scheduling without the use
of artificial activity constraints or “negative float”;
.2 Use software, techniques and methods satisfactory to the Owner;
.3 Provide an electronic and graphic representation of all activities and
events that will occur during performance of the Work;
.4 Identify each subproject, to include, without limitation preconstruction,
construction, commissioning, turnover of the Work, and Owner’s occupancy;
.5 Set forth dates that are critical in ensuring the timely and orderly
completion of the Work in accordance with the requirements of the Contract
Documents (hereinafter referred to as “Contractual Milestone Dates”);
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.6 Upon review by the Design Professional and written review and
acceptance by the Owner of the Contractual Milestone Dates, the Contractor’s
Project Schedule shall be deemed part of the Contract Documents and provided
to the Owner as a submittal;
.7 If not accepted, the Contractor’s Project Schedule shall be promptly
revised by the Contractor in accordance with the recommendations of the Owner
and resubmitted for acceptance;
.8 Submission of an updated Contractor’s Project Schedule with each
Application for Payment shall be a mandatory condition precedent to the
payment by the Owner to the Contractor pursuant to an Application for Payment,
and the Owner shall not be obligated to make payment if the Contractor fails to
include an updated Contractor’s Project Schedule reflecting the then-current
conditions on the Project and the anticipated progress of Work based on those
conditions; and
.9 All requests for change orders, modifications or additional compensation
from the Contractor affecting the Contract Time or Contract Sum shall include a
detailed schedule with both data and graphics showing the specific effect of the
changed, modified or differing condition(s) on the critical path of the
Contractor’s Project Schedule.
iii. The Contractor, prior to preparing the Construction Management Plan and attending the
Preconstruction Conference, will have reviewed the sequences, durations, sequencing and
dependencies of activities, material deliveries, and sequenced man-hour staffing to
complete the Work. Work activities which have an installed value of twenty thousand
dollars ($20,000) or more will be broken down into major products or operations except
where mutually agreed otherwise by Contractor and Owner, and these values cost-loaded
into the Contractor’s Project Schedule as deemed necessary by the Owner. Upon request
by the Owner, the Contractor shall support values given for each work activity with data
that will substantiate its correctness. The Owner may require the Contractor to show
separate work activities and Contractual Milestones for, as examples only and without
limitation: Substructure Completion; Superstructure Completion; Building Exterior Skin
Completion; Interior Finishes Completion; Owner’s Beneficial Occupancy, and other
similar dates the Owner, at its sole discretion deems important to the Project.
iv. In the event the Contractor does not timely provide the Contractor’s Construction
Management Plan with an acceptable Contractor’s Project Schedule containing such
elements, information, and processes in a form and with a level of detail acceptable to the
Design Professional and the Owner, the Owner may, at the Owner’s discretion,
unilaterally generate the target Contractor’s Project Schedule at the Contractor's expense,
and impose such schedule, sequences, logic, and/or durations on the Contractor as it
deems necessary to complete the Work, or the Owner may declare the Contractor in
breach of contract. Whether or not the Owner decides to implement this option, all other
contractual provisions relating to breach of contract will continue to be in full force and
apply without modification. The Owner may deduct from the Contractor’s Application(s)
for Payment the amount paid by the Owner for generating the Contractor’s Project
Schedule.
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v. Upon completion of the Master Project Schedule, and acceptance by the Owner and all
Separate Contractors, the Master Project Schedule shall supersede previously submitted
schedules. Each updated Master Project Schedule shall supersede previous updates.
b. The Contractor shall, at the Preconstruction Conference, and as a sub-system of its Contractor’s
Project Schedule, prepare an easily isolated, sorted and separately viewed submittal schedule, and
thereafter update it as necessary to maintain a current submittal schedule, and shall submit such
schedule(s) for the Design Professional’s approval. The Design Professional’s approval shall not
be unreasonably delayed or withheld. The submittal schedule shall (1) be coordinated with the
Contractor’s Construction Schedule, and (2) allow the Design Professional reasonable time to
review submittals. If the Contractor fails to submit an approvable submittal schedule thirty (30)
days prior to the date established for commencement of the Work, the Contractor shall not
mobilize on site, or be entitled to any increase in Contract Sum or extension of Contract Time
based on the delay of the Work or time required for review of submittals during the prosecution
of the Work.
c. The Contractor shall perform the Work in general accordance with the most recent Contractor’s
Project Schedules submitted to the Owner and Design Professional and incorporated into the
approved Master Project Schedule.
d. The Owner together with the Contractor, will monitor the Master Project Schedule, and
incorporate the Contractor’s updates to its portions of this overall schedule. As all Separate
Contractors are also obligated to follow the Master Project Schedule and their respective
schedules therein, they will be required to actively cooperate and participate in the preparation
and updating of their portion of this schedule, as well as updating the overall Master Project
Schedule by the Owner. The Contractor will be kept updated on all significant Master Project
Schedule changes materially affecting the Contractor’s Project Schedule.
e. The Contractor will produce a Short Interval Schedule containing activities for not less than one
(1) previous week and the next three (3) weeks, and which focuses on the major weekly work
activities of each subsystem. At each weekly meeting this Short Interval Schedule will be
reviewed by the Contractor with all affected Subcontractors and the Owner.
f. In the event of substantial delay, if excusable under the Contract, for which extension of the
Contract Time has or will be granted, the Owner will review and may require revision by the
appropriate contractor(s) of affected component of the Master Project Schedule as required by the
specific applicable situation(s), and with the cooperation of the Separate Contractors on the
Project.
g. The Contractor shall, at mutually agreed intervals, submit to the Owner and Design Professional a
progress report stating, without limitation, labor forces mobilized and working on site; areas
worked in or on; percent complete of current work activities; any potential schedule or
coordination problems; material deliveries received; site visitors; and other information as
required by the Owner.
h. The Contractor shall monitor the progress of the Work for conformance with the requirements of
the Contractor’s Project Schedule and shall promptly advise the Owner of any delays or potential
delays. The accepted Contractor’s Project Schedule shall be updated to reflect actual conditions
as frequently as mutually agreed by the Contractor and Owner; but in no event less frequently
than with each Application for Payment; and at other times as may be reasonably requested by the
Owner or Design Professional. In the event any progress report or schedule update indicates any
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actual or potential delays, the Contractor shall, using both the most currently approved
Contractor’s Project Schedule as a baseline for comparison, and a written narrative, propose an
affirmative plan to correct the delay (hereinafter referred to as the “Proposed Recovery
Schedule”) which must include the following:
.1 The Proposed Recovery Schedule will show the results of working
additional shift or days, adding additional labor, and any of the other actions
specified in Section 8.4, if necessary, all as described in the accompanying
narrative;
.2 The Proposed Recovery Schedule will be reviewed by the Owner, and
the Contractor will promptly and diligently make all adjustments to the Proposed
Recovery Schedule reasonably requested as a result of such review.
.3 The Proposed Recovery Schedule shall become the most current,
approved Contractor’s Project Schedule upon its approval by the Owner,
issuance of a Change Order for the purpose by the Design Professional; and
signing of such Change Order by the Contractor, Design Professional, and
Owner, in that order; and
.4 In no event shall any progress report, schedule update or Proposed
Recovery Schedule constitute an adjustment in the Contract Time, any
Contractual Milestone Date, or the Contract Sum unless any such adjustment is
agreed to by the Owner and authorized pursuant to Change Order.
i. In the event either the Owner or Design Professional determine that the performance of the Work,
as of a Contractual Milestone Date, has not progressed or reached the level of completion
required by the Contract Documents, the Owner shall have the right to order the Contractor to
take corrective measures necessary to expedite the progress of construction, including, without
limitation those further specified in Section 8.4.
j. The Owner may exercise the rights furnished the Owner under or pursuant to this Section 3.10
and Section 8.4 as frequently as the Owner deems necessary to ensure that the Contractor’s
performance of the Work will comply with any Contractual Milestone Date or completion date
set forth in the Contract Documents.
k. The Owner shall have the right to direct a postponement or rescheduling of any date or time for
the performance of any part of the Work that may interfere with the operation of any part of the
Owner’s organization or any stakeholders or invitees thereof. The Contractor shall, upon the
Owner’s or Design Professional’s request, reschedule such portion of the Work during hours
when the interference to the Owner’s organization, or any stakeholders or invitees thereof, will be
minimized or eliminated. Any postponement, rescheduling, or performance of the Work under
this Section 3.10.k may be grounds for an extension of the Contract Time, if permitted under
Section 8.3.a; and an equitable adjustment in the Contract Sum if the performance of the Work
was properly scheduled by the Contractor in compliance with the requirements of the Contract
Documents; and to the extent such rescheduling or postponement is required for the convenience
of the Owner.
l. Documents and Samples at the Site
The Contractor shall make available, to the Owner, Design Professional or their designees, at the
Project site, the Contract Documents, including Change Orders, Construction Change Directives,
and other Modifications, in good order and marked currently to indicate field changes and
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selections made during construction, and the approved Shop Drawings, Product Data, Samples,
and similar required submittals. These shall be in electronic form or paper copy and delivered to
the Design Professional for submittal to the Owner upon completion of the Work as a record of
the Work as constructed. The Contractor shall make available to the Owner or Design
Professional for inspection and copying the record copy of the drawings, specifications, addenda,
Change Orders and other Modifications, including all such documents maintained by the
Contractor in electronic format, upon reasonable request of the Owner or Design Professional
and, in any event, within twenty-four (24) hours of receipt by Contractor of a request from Owner
or Design Professional for such review and/or copying. The Owner or Design Professional may
request the record copy of the As-Built Documents, specifications, addenda, Change Orders and
other modifications of the Work to be updated before Substantial Completion to reflect the most
current condition of the Project, as additional Cost of the Work paid as a Change Order at the
Owner’s expense. The Owner or Design Professional may require the Contractor to furnish the
As-Built Documents in electronic format and may make copies of them prior to completion of the
Work at the Owner's expense.
i. The Contractor shall provide final electronic files and one “hard” copy of the Drawings
and Specifications to the Owner updated to reflect the final condition of the Project with the
final Application for Payment as a condition precedent to final payment.
Section 3.12 Shop Drawings, Product Data and Samples
a. Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work
by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier, or distributor to
illustrate some portion of the Work.
b. Product Data are illustrations, standard schedules, performance charts, instructions, brochures,
diagrams, and other information furnished by the Contractor to illustrate materials or equipment
for some portion of the Work.
c. Samples are physical examples that illustrate materials, equipment, or workmanship, and
establish standards by which the Work will be judged.
d. Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents.
Their purpose is to demonstrate how the Contractor proposes to conform to the information given
and the design concept expressed in the Contract Documents for those portions of the Work for
which the Contract Documents require submittals. Review by the Design Professional is subject
to the limitations of Section 4.2.g. Informational submittals upon which the Design Professional
is not expected to take responsive action may be so identified in the Contract Documents.
Submittals that are not required by the Contract Documents may be returned by the Design
Professional without action.
e. The Contractor shall review for compliance with the Contract Documents, approve, and submit to
the Design Professional, Shop Drawings, Product Data, Samples, and similar submittals required
by the Contract Documents, after Contractor has verified the information contained within said
submittals is in accordance with representations required by Section 3.12.f and in accordance
with the submittal schedule approved by the Design Professional or, in the absence of an
approved submittal schedule, with reasonable promptness and in such sequence as to cause no
delay in the Work or in the activities of the Owner or of Separate Contractors.
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f. By submitting Shop Drawings, Product Data, Samples, and similar submittals, the Contractor
represents to the Owner and Design Professional that the Contractor has (1) reviewed and
approved them, (2) determined and verified materials, field measurements and field construction
criteria related thereto, or will do so, and (3) checked and coordinated the information contained
within such submittals with the requirements of the Work and of the Contract Documents and (4)
verified the information contained within said submittals is in accordance with all applicable
Federal, state and local codes or ordinances in effect at the site.
g. The Contractor shall perform no portion of the Work for which the Contract Documents require
submittal and review of Shop Drawings, Product Data, Samples, or similar submittals, until the
respective submittal has been approved by the Design Professional. Should the Contractor,
Subcontractors, or Sub-subcontractors install, construct, erect or perform any portion of the Work
without approval of any requisite submittal, the Contractor shall bear the costs, responsibility, and
delay for removal, replacement, and/or correction of any and all items, material, and /or labor.
h. The Work shall be in accordance with approved submittals except that the Contractor shall not be
relieved of responsibility for deviations from the requirements of the Contract Documents by the
Design Professional’s approval of Shop Drawings, Product Data, Samples, or similar submittals,
unless the Contractor has specifically notified the Design Professional of such deviation at the
time of submittal and (1) the Design Professional has given written approval to the specific
deviation as a minor change in the Work, or (2) a Change Order or Construction Change
Directive has been issued authorizing the deviation. The Contractor shall not be relieved of
responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar
submittals, by the Design Professional’s approval thereof.
i. The Contractor 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
Design Professional on previous submittals. In the absence of such notice, the Design
Professional’s approval of a resubmission shall not apply to such revisions.
i. Copies of all approved Shop Drawings, Product Data, Samples and similar submittals
shall be preserved in an orderly manner and delivered by the Contractor to the Owner
upon Final Completion.
j. The Contractor shall not be required to provide professional services that constitute the practice
of architecture or engineering unless such services are specifically required by the Contract
Documents for a portion of the Work or unless the Contractor needs to provide such services in
order to carry out the Contractor’s responsibilities for construction means, methods, techniques,
sequences, and procedures. The Contractor shall not be required to provide professional services
in violation of applicable law.
i. If professional design services or certifications by a design professional related to
systems, materials, or equipment are specifically required of the Contractor, the Owner
and the Design Professional will specify all performance and design criteria that such
services must satisfy in the Contract Documents. The Contractor shall be entitled to rely
upon the adequacy and accuracy of the performance and design criteria provided in the
Contract Documents. The Contractor shall cause such services or certifications to be
provided by an appropriately licensed design professional, whose signature and seal shall
appear on all drawings, calculations, specifications, certifications, Shop Drawings, and
other submittals prepared by such professional who shall comply with reasonable
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requirements of the Owner regarding qualifications and insurance. Shop Drawings, and
other submittals related to the Work, designed or certified by such professional, if
prepared by others, shall bear such professional’s written approval when submitted to the
Design Professional. The Owner and the Design Professional shall be entitled to rely
upon the adequacy and accuracy of the services, certifications, and approvals performed
or provided by such design professionals, provided the Owner and Design Professional
have specified to the Contractor the performance and design criteria that such services
must satisfy. Pursuant to this Section 3.12.j, the Design Professional will review and
approve or take other appropriate action on submittals only for the limited purpose of
checking for conformance with information given and the design concept expressed in
the Contract Documents.
ii. If the Contract Documents require the Contractor’s design professional to certify that the
Work has been performed in accordance with the design criteria, the Contractor shall
furnish such certifications to the Owner and the Design Professional at the time and in the
form specified by the Design Professional.
Section 3.13 Use of Site, Delivery and Storage
a. The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes,
ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract
Documents and shall not unreasonably encumber the site with materials or equipment.
b. The Contractor shall coordinate the Contractor’s operations with, and secure the approval of, the
Owner before using any portion of the site.
c. The Contractor shall take reasonable precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to, all persons at the Project site; all
property at the Project site; and all persons or property adjacent thereto, which includes, but is not
limited to, the all the following duties and acknowledgments:
.1 The Contractor acknowledges the Project site comprises and/or may be
adjacent to existing structures and that these site areas may be occupied during
the performance of some portions of this Contract;
.2 The Work shall be performed, to the fullest extent reasonably possible, in
such a manner that public areas adjacent to the site of the Work shall be free from
all debris, building materials, and equipment likely to cause interference with
adjacent stakeholders or create hazardous conditions;
.3 The Contractor shall be responsible for the mitigation and/or abatement
of all noise, dust, fumes, traffic or other by-product of construction activity that,
in the opinion of the Owner or the Design Professional, have an adverse affect on
the quality of life or productivity for Project stakeholders, the Owner’s current
operations, or the Owner's employees. Such mitigation and/or abatement shall be
performed in manner and with a result completely and wholly acceptable to the
Owner and Design Professional;
.4 The Contractor shall control its personnel and the Subcontractors on site,
especially regarding the use of alcohol or profanity, dressing in an inappropriate
manner, parking in an inappropriate place, or other activities deemed to be
inappropriate, to the satisfaction of the Owner and Design Professional. Repeat
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offenses will cause the Owner or Design Professional to require, through the
Contractor, the temporary or permanent removal of the offending individuals,
Subcontractor(s) or Sub-subcontractor(s) from the site;
.5 The Contractor shall, at a minimum, secure the site by erecting and
maintaining a 6'-0" chain link fence around the perimeter of the construction site.
This fence shall remain intact until such time the site becomes secure in the
opinion of the Contractor, as a result of construction progress (by way of
example, and without limitation, completion of site grading and backfill,
installation of doors and windows, etc.);
.6 The Contractor shall furnish and maintain sufficient sanitary facilities for
its own forces and those of any Subcontractor or Sub-subcontractor. The facilities
of any existing, nearby buildings will not be available for construction use; and
.7 The Contractor is advised that the project site area is subject to, among
other inclement weather, unpredictable and high winds. When all or a portion of
the Work is suspended for any reason, the Contractor shall securely fasten down
all coverings and stored materials on site and fully protect the Work, as
necessary, from injury or damage by any cause and to prevent possible damage
caused by flying materials and debris.
d. The Contractor shall ensure that the Work, at all times, is performed in a manner that affords
reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas,
which includes, but is not limited to, all of the following duties:
.1 The access to the site shall be maintained in compliance with all local,
state, and Federal code and life safety requirements for ingress by first
responders and other similar emergency requirements;
.2 The Contractor shall inform the Owner, Design Professional and any
officials referenced in Section 3.13.f in writing a minimum of thirty (30) calendar
days prior to any disruption of access, specifically and graphically showing the
nature of the disruption, as well as the hours it will be disrupted. Such disruption
will be subject to Owner’s and Design Professional’s approval, such approval not
to be unreasonably withheld;
.3 The Owner shall be responsible for snow removal to the limits of the
construction site only so far that the Contractor will have access to the entrance
to the construction area; and
.4 Snow removal within the limits of work and/or for the purpose of
performing and protecting work by individual contractors is the duty of the
Contractor.
e. During the performance of the Work, the Contractor, its Subcontractors, Sub-subcontractors,
suppliers and their employees agree they shall:
.1 Use such entrances to the construction site that may be designated by the
Owner;
.2 Perform the Work at such times of the day and days of the week as may be
designated by the Owner; and
.3 Accept that these entrances and times may be reviewed and changed from time
to time by the Owner.
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f. The Contractor shall notify all public utility companies a minimum of two (2) business days prior
to the commencement of any work by it or its Subcontractors in the vicinity of the utilities. No
work shall commence until the utilities have been located and staked by the utility company or
written consent from the Owner to proceed has been given to the Contractor. If the utility service
must be interrupted, the Contractor shall, at Contractor’s sole cost and expense, notify the head of
the local administrative services (by way of example only, and without limitation, the city
manager, the mayor, the city or county clerk, etc. as applicable) and the utility users affected by
the interruption. Such notice shall consist of direct written communication, publication in a local
newspaper, and/or announcement on local radio or television stations, whichever is most
reasonably calculated to give the most effective notice to such utility users.
g. The Contractor shall exercise due diligence in seeing that all equipment, material, and supplies
are delivered in advance of the time they are needed on the job and shall properly store and
protect same at the Contractor’s expense.
h. Notwithstanding any other provision herein, the Contractor shall take all necessary measures to
store materials on site for which payment has been requested by the Contractor or been made by
the Owner so that they shall not deteriorate, be damaged or be stolen, which includes, but is not
limited to, all the following:
.1 Only materials and equipment that are to be used directly in the Work
shall be brought to and stored on the Project site by the Contractor;
.2 Protection of construction materials and equipment stored at the Project
site from fire, weather, burglary, pilferage, vandalism and mischief, damage, and
all other adversity; and the care and protection of materials and Work installed in
the building is solely the responsibility of the Contractor;
.3 The Contractor shall bear sole responsibility for the restoration of
damaged Work and replacement of damaged or stolen materials at no additional
cost to the Owner; and
.4 After equipment is no longer required for the Work, it shall be promptly
removed from the Project site.
i. The Contractor shall not deliver any materials to the site which are not to be installed by same
Contractor without fifteen (15) day’s advance notice in writing to the Owner of the location, date,
and time of such delivery to allow proper coordination. Such materials shall be received jointly
by a representative of the Contractor and a representative of the Owner, who shall agree, and the
Contractor shall document such agreement in writing:
.1 The materials delivered are undamaged, or if damaged, such damage is
documented by digital photo(s);
.2 They are in the quantities shown on the purchase order, invoice or bill of
lading accompanying the shipment or delivery or otherwise provided;
.3 The storage conditions are adequate for the purposes; and
.4 The Contractor has accepted responsibility for insurance and ongoing
protection per Section 10.2 for such material until it is released to a third party
authorized in writing by the Owner to receive it.
Section 3.14 Cutting and Patching
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a. The Contractor shall be responsible for cutting, fitting, or patching required to complete the Work
or to make its parts fit together properly. All areas requiring cutting, fitting, or patching shall be
restored to the condition existing prior to the cutting, fitting, or patching, unless otherwise
required by the Contract Documents.
b. The Contractor shall not damage or endanger a portion of the Work or fully or partially
completed construction of the Owner or Separate Contractors by cutting, patching, or otherwise
altering such construction, or by excavation. The Contractor shall not cut or otherwise alter
construction by the Owner or a Separate Contractor except with written consent of the Owner and
of the Separate Contractor. Consent shall not be unreasonably withheld. The Contractor shall not
unreasonably withhold, from the Owner or a Separate Contractor, its consent to cutting or
otherwise altering the Work.
Section 3.15 Cleaning Up
a. The Contractor shall keep the premises and surrounding area free from accumulation of waste
materials and rubbish caused by operations under the Contract and shall be responsible for daily
clean-up of construction materials and dust control. At completion of the Work, the Contractor
shall remove waste materials, rubbish, the Contractor’s tools, construction equipment, machinery,
and surplus materials from and about the Project and shall clean all glass surfaces and leave the
Work "broom clean", or its equivalent, except as otherwise specified.
b. If the Contractor fails to clean up as provided in the Contract Documents, the Owner may do so
and the Owner shall be entitled to reimbursement from the Contractor.
Section 3.16 Access to Work
The Contractor shall provide the Owner and Design Professional and their representatives with
access to the Work in preparation and progress at all times wherever located, and shall provide proper and
safe facilities for such access.
Section 3.17 Royalties, Patents and Copyrights
The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims
for infringement of copyrights and patent rights and shall defend and hold the Owner and Design
Professional harmless from loss on account thereof, but shall not be responsible for such defense or loss
when a particular design, process, or product of a particular manufacturer or manufacturers is required by
the Contract Documents, or where the copyright violations are contained in Drawings, Specifications, or
other documents prepared by the Owner or Design Professional. However, if an infringement of a
copyright or patent is discovered by, or made known to, the Contractor, the Contractor shall be
responsible for the loss unless the information is promptly furnished to the Design Professional.
Section 3.18 Indemnification
a. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS INDEMNITEES FROM AND
AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS,
EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR
CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF
LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES
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WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR
FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED
BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS
SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF
CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD
PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY
RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING
FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT,
AND CONTRACTOR WILL AT ITS OWN COST AND EXPENSE DEFEND AND
PROTECT OWNER FROM ANY AND ALL SUCH CLAIMS AND DEMANDS.
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,
INDEMNIFY, DEFEND AND HOLD HARMLESS INDEMNITEES FROM AND
AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS,
EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR
CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF
LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES FOR
INJURY, SICKNESS, DISEASE OR DEATH OF ANY EMPLOYEE, AGENT OR
REPRESENATIVE OF CONTRACTOR OR ANY OF ITS SUBCONTRACTORS,
REGARDLESS OF WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES,
DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES,
SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE
NEGLIGENCE OF INDEMNITEES. IT IS THE EXPRESS INTENTION OF THE
PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH
IS AN INDEMNITY BY CONTRACTOR FOR THE BENEFIT OF THE OWNER FROM
THE CONSEQUENCES OF OWNER’S NEGLIGENCE, WHETHER THAT
NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, SICKNESS,
DISEASE OR DEATH OF CONTRACTOR’S EMPLOYEE OR EMPLOYEE OF ANY OF
ITS SUBCONTRACTORS.
IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY
ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE
DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR
WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION
OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY
LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR
BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-
CONTRACTOR UNDER WORKMEN’S COMPENSATION OR OTHER EMPLOYEE
BENEFIT ACTS.
INDEMNIFIED ITEMS SHALL INCLUDE, BUT NOT BE LIMITED TO, ATTORNEYS’
FEES AND COSTS, COURT COSTS AND SETTLEMENT COSTS, INCURRED BY AN
INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS
INDEMNITY.
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THE CONTRACTOR IS NOT REQUIRED TO INDEMNIFY OR DEFEND THE DESIGN
PROFESSIONAL, ANY LICENSED ENGINEER, OR AN AGENT, SERVANT, OR
EMPLOYEE OF THE DESIGN PROFESSIONAL OR LICENSED ENGINEER FROM
LIABILITY THAT MAY ARISE FROM DEFECTS IN THE PLANS, DESIGNS OR
SPECIFICATIONS OR NEGLIGENCE ON THE PART OF THE DESIGN
PROFESSIONAL OR LICENSED ENGINEER IN THE RENDITION OR CONDUCT OF
PROFESSIONAL DUTIES ARISING FROM THE CONTRACT AND THE PLANS
DESIGNS OR SPECIFICATIONS THAT ARE PART OF THE CONSTRUCTION
CONTRACT AS SET FORTH IN CHAPTER 130 OF THE TEXAS CIVIL PRACTICE
AND REMEDIES CODE.
b. THE CONTRACTOR’S INDEMNITY OBLIGATIONS UNDER THIS SECTION 3.18
SHALL ALSO SPECIFICALLY INCLUDE, WITHOUT LIMITATION, ALL FINES,
PENALTIES, DAMAGES, LIABILITY, SAFETY VIOLATIONS, COSTS, EXPENSES
(INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES), AND
PUNITIVE DAMAGES, IF ANY, ARISING OUT OF, OR IN CONNECTION WITH
ANY:
.1 VIOLATION OF OR FAILURE COMPLY WITH ANY LAW,
STATUTE, ORDINANCE, RULE, REGULATION, CODE OR
REQUIREMENT OF A PUBLIC AUTHORITY THAT BEARS UPON
THE PERFORMANCE OF THE WORK BY THE CONTRACTOR, A
SUBCONTRACTOR OR ANY PERSON OR ENTITY FOR WHOM
EITHER IS RESPONSIBLE;
.2 MEANS, PROCEDURES, TECHNIQUES, SAFETY
PRECAUTIONS, OR SEQUENCES OF EXECUTION OR
PERFORMANCE OF THE WORK; AND
.3 FAILURE TO SECURE AND PAY FOR PERMITS, FEES,
APPROVALS, LICENSES, AND INSPECTION AS REQUIRED UNDER
THE CONTRACT DOCUMENTS, OR ANY VIOLATION OF ANY
PERMIT OR OTHER APPROVAL OF A PUBLIC AUTHORITY
APPLICABLE TO THE WORK, BY THE CONTRACTOR, A
SUBCONTRACTOR, OR ANY PERSON OR ENTITY FOR WHOM
EITHER IS RESPONSIBLE.
c. THE CONTRACTOR SHALL INDEMNIFY AND HOLD HARMLESS ALL OF THE
INDEMNITEES SET OUT IN SECTION 3.18.a FROM AND AGAINST ANY COSTS
AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY
ANY OF THE INDEMNITEES IN ENFORCING ANY OF THE CONTRACTOR’S
DEFENSE, INDEMNITY, AND HOLD-HARMLESS OBLIGATIONS UNDER THIS
CONTRACT.
Article 4. DESIGN PROFESSIONAL
Section 4.1 General
a. The Design Professional is the person or entity retained by the Owner pursuant to Section 2.3.b
and identified as such in the Agreement.
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b. Duties, responsibilities, and limitations of authority of the Design Professional as set forth in the
Contract Documents shall not be restricted, modified, or extended without written consent of the
Owner, Contractor, and Design Professional. Consent shall not be unreasonably withheld.
Section 4.2 Administration of the Contract
a. The Design Professional will provide administration of the Contract as described in the Contract
Documents and will be an Owner’s representative during construction until the date the Design
Professional issues the final Certificate for Payment. The Design Professional will have authority
to act on behalf of the Owner only to the extent provided in the Contract Documents.
b. The Design Professional will visit the site at intervals appropriate to the stage of construction, or
as otherwise agreed with the Owner, to become generally familiar with the progress and quality
of the portion of the Work completed, and to determine in general if the Work observed is being
performed in a manner indicating that the Work, as the Work progresses and when fully
completed, will be in accordance with the Contract Documents. However, the Design
Professional will not be required to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. The Design Professional will not have control over, charge
of, or responsibility for the construction means, methods, techniques, sequences or procedures, or
for the safety precautions and programs in connection with the Work, since these are solely the
Contractor’s rights and responsibilities under the Contract Documents, except as provided in
Section 3.3.a.
c. On the basis of the site visits, the Design Professional will keep the Owner reasonably informed
about the progress and quality of the portion of the Work completed, and promptly report to the
Owner (1) known deviations from the Contract Documents, (2) known deviations from the most
recent construction schedule submitted by the Contractor, and (3) defects and deficiencies
observed in the Work. The Design Professional will not be responsible for the Contractor’s
failure to perform the Work in accordance with the requirements of the Contract Documents. The
Design Professional will not have control over or charge of and will not be responsible for acts or
omissions of, the Contractor, Subcontractors, or their agents or employees, or any other persons
or entities performing portions of the Work.
i. NEITHER THE OWNER NOR THE DESIGN PROFESSIONAL NOR THE
OWNER’S OTHER CONSULTANTS SHALL BE RESPONSIBLE OR LIABLE
FOR THE SAFETY PROGRAM(S) DEVELOPED BY THE CONTRACTOR OR
ITS SUBCONTRACTORS FOR THE SAFETY OF PERSONS AND PROPERTY,
OR FOR COMPLIANCE WITH STATUTES, RULES, REGULATIONS, AND
ORDERS APPLICABLE TO CONDUCT THE WORK. SHOULD ANY
CONTRACTOR OR THEIR SUBCONTRACTOR(S), OR THE SUB-
SUBCONTRACTOR(S) MAKE A CLAIM AGAINST THE INDEMNITEES, OR
SHOULD THEY OR ANY GOVERNMENTAL ENTITY BRING ANY ACTION
OR LEVY ORAND FINE OR PENALTY AGAINST THE INDEMNITEES ON
ACCOUNT OF ANY SAFETY-RELATED DAMAGE OR VIOLATION OF LAW
ALLEGED TO HAVE BEEN SUSTAINED, THE CONTRACTOR AGREES
THAT IT WILL HOLD THE INDEMNITEES HARMLESS AGAINST ANY
SUCH VIOLATION, FINE, CLAIM OR SUIT, AND THAT IT WILL
REIMBURSE THE INDEMNITEES THE COST OF DEFENDING SUCH SUIT,
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AND IF ANY JUDGMENT AGAINST THE INDEMNITEES ARISES
THEREFROM, THE CONTRACTOR SHALL PAY OR SATISFY IT AND
SHALL PAY ALL COSTS INCURRED BY THE INDEMNITEES.
d. Communications
The Owner and Contractor shall include the Design Professional in all communications about the
Design Professional’s services or professional responsibilities. The Owner shall promptly notify
the Design Professional of the substance of any direct communications between the Owner and
the Contractor otherwise relating to the Project. Communications by and with the Design
Professional’s consultants shall be through the Design Professional. Communications by and with
Subcontractors and suppliers shall be through the Contractor. Communications by and with
Separate Contractors shall be through the Owner. The Contract Documents may specify other
communication protocols.
i. Failure of Contractor to give the Owner or Design Professional written notice of
Contractor’s objections, within three (3) business days, to directives, instructions,
interpretations, or minutes from the Owner or Design Professional, shall constitute final
and conclusive consent on the part of the Contractor to such directives, instructions,
interpretations, or minutes of the Owner or Design Professional.
ii. Any written notice from the Owner or Design Professional to the Contractor shall be
sufficiently given when delivered to the last known business address of the Contractor, or
to its registered or authorized agent, representative, or officer. Any written notice from
the Contractor to the Owner shall be sufficiently given when personally delivered to the
Owner’s Office, Attn: Project Manager, or at such other address and to the attention of
such person as the Owner may from time to time designate in writing.
e. Based on the Design Professional’s evaluations of the Contractor’s Applications for Payment, the
Design Professional will review and certify the amounts due the Contractor and will issue
Certificates for Payment in such amounts.
f. The Design Professional has authority to reject Work that does not conform to the Contract
Documents. Whenever the Design Professional considers it necessary or advisable, the Design
Professional will have the authority to require inspection or testing of the Work in accordance
with Sections 13.4.b and 13.4.c, whether or not the Work is fabricated, installed or completed.
However, neither this authority of the Design Professional nor a decision made in good faith
either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the
Design Professional to the Contractor, Subcontractors, material and equipment suppliers, their
agents or employees, or other persons or entities performing portions of the Work.
g. The Design Professional will review and approve, or take other appropriate action upon, the
Contractor’s submittals such as Shop Drawings, Product Data, and Samples, but only for the
limited purpose of checking for conformance with information given and the design concept
expressed in the Contract Documents. The Design Professional’s action will be taken in
accordance with the submittal schedule approved by the Design Professional or, in the absence of
an approved submittal schedule, with reasonable promptness while allowing sufficient time in the
Design Professional’s professional judgment to permit adequate review. Review of such
submittals is not conducted for the purpose of determining the accuracy and completeness of
other details such as dimensions and quantities, or for substantiating instructions for installation
or performance of equipment or systems, all of which remain the responsibility of the Contractor
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as required by the Contract Documents. The Design Professional’s review of the Contractor’s
submittals shall not relieve the Contractor of the obligations under Sections 1.2, 3.2.a, 3.3, 3.5,
3.12, and 13.9. The Design Professional’s review shall not constitute approval of safety
precautions or of any construction means, methods, techniques, sequences, or procedures. The
Design Professional’s approval of a specific item shall not indicate approval of an assembly of
which the item is a component.
h. The Design Professional will prepare Change Orders and Construction Change Directives and
may order minor changes in the Work as provided in Section 7.4. The Design Professional will
investigate and make recommendations regarding concealed and unknown conditions as provided
in Section 3.7.d.
i. The Design Professional will conduct inspections to determine the date or dates of Substantial
Completion and the date of final completion; issue Certificates of Substantial Completion
pursuant to Section 9.8; receive and forward to the Owner, for the Owner’s review and records,
written warranties and related documents required by the Contract and assembled by the
Contractor pursuant to Section 9.10; and issue a final Certificate for Payment pursuant to Section
9.10.
j. If the Owner and Design Professional agree, the Design Professional will provide one or more
Project representatives to assist in carrying out the Design Professional’s responsibilities at the
site. The duties, responsibilities and limitations of authority of such project representatives shall
be as set forth in an exhibit to be incorporated in the Contract Documents. The Owner shall notify
the Contractor of any change in the duties, responsibilities and limitations of authority of the
Project representatives.
k. The Design Professional will interpret matters concerning performance under, and requirements
of, the Contract Documents on written request of either the Owner or Contractor. The Design
Professional’s response to such requests will be made in writing within any time limits agreed
upon or otherwise with reasonable promptness.
l. Interpretations of the Design Professional will be consistent with the intent of, and reasonably
inferable from, the Contract Documents and will be in writing or in the form of drawings. When
making such interpretations, the Design Professional will endeavor to secure faithful performance
by both Owner and Contractor, will not show partiality to either, and will not be liable for results
of interpretations or decisions rendered in good faith.
m. The Design Professional’s opinions on matters relating to aesthetic effect will be considered by
the Owner when making the Owner’s determination on these issues and the Owner’s decision will
be final if consistent with the intent expressed in the Contract Documents. Such Owner’s
determination shall be communicated through the Design Professional.
n. The Design Professional will review and respond to requests for information about the Contract
Documents. The Design Professional’s response to such requests will be made in writing within
any time limits agreed upon or otherwise with reasonable promptness. If appropriate, the Design
Professional will prepare and issue supplemental Drawings and Specifications in response to the
requests for information.
Article 5. SUBCONTRACTORS
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Section 5.1 Definitions
a. A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a
portion of the Work at the site. The term “Subcontractor” is referred to throughout the Contract
Documents as if singular in number and means a Subcontractor or an authorized representative of
the Subcontractor. The term “Subcontractor” does not include a Separate Contractor or the
subcontractors of a Separate Contractor.
b. A Sub-subcontractor is a person or entity who has a direct or indirect contract with a
Subcontractor to perform a portion of the Work at the site. The term “Sub-subcontractor” is
referred to throughout the Contract Documents as if singular in number and means a Sub-
subcontractor or an authorized representative of the Sub-subcontractor.
Section 5.2 Award of Subcontracts and Other Contracts for Portions of the Work
a. Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after
award of the Contract, shall notify the Owner and Design Professional of the persons or entities
proposed for each principal portion of the Work, including those who are to furnish materials or
equipment fabricated to a special design. Within 14 days of receipt of the information, the Design
Professional may notify the Contractor whether the Owner or the Design Professional (1) has
reasonable objection to any such proposed person or entity or (2) requires additional time for
review. Failure of the Design Professional to provide notice within the 14-day period shall
constitute notice of no reasonable objection.
b. The Contractor shall not contract with a proposed person or entity to whom the Owner or Design
Professional has made reasonable and timely objection. The Contractor shall not be required to
contract with anyone to whom the Contractor has made reasonable objection.
c. If the Owner or Design Professional has reasonable objection to a person or entity proposed by
the Contractor, the Contractor shall propose another to whom the Owner or Design Professional
has no reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of
performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the
difference, if any, occasioned by such change, and an appropriate Change Order shall be issued
before commencement of the substitute Subcontractor’s Work. However, no increase in the
Contract Sum or Contract Time shall be allowed for such change unless the Contractor has acted
promptly and responsively in submitting names as required.
d. The Contractor shall not substitute a Subcontractor, person, or entity for one previously selected
if the Owner or Design Professional makes reasonable objection to such substitution.
e. Upon request, the Contractor shall provide to the Owner an executed copy of all subcontracts,
purchase orders, and other agreements relating to the Work.
f. The Contractor shall not sublet the Work as a whole. The approval of subcontractors in no way
relieves the Contractor from full responsibility.
Section 5.3 Subcontractual Relations
a. By appropriate written agreement, the Contractor shall require each Subcontractor, to the extent
of the Work to be performed by the Subcontractor, to be bound to the Contractor by terms of the
Contract Documents, and to assume toward the Contractor all the obligations and responsibilities,
including responsibility for safety of the Subcontractor’s Work, which the Contractor, by the
Contract Documents, assumes toward the Owner , the Owner’s other consultants and Design
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Professional. Each subcontract agreement shall preserve and protect the rights of the Owner , the
Owner’s other consultants, and Design Professional under the Contract Documents with respect
to the Work to be performed by the Subcontractor. Where appropriate, the Contractor shall
require each Subcontractor to enter into similar agreements with Sub-subcontractors. The
Contractor shall make available for review for each proposed Subcontractor, prior to the
execution of the subcontract agreement, copies of the Contract Documents to which the
Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the
Subcontractor terms and conditions of the proposed subcontract agreement that may be at
variance with the Contract Documents. Subcontractors will similarly make copies of applicable
portions of such documents available to their respective proposed Sub-subcontractors.
Notwithstanding the above, all Agreements with the Owner shall have all references to
compensation redacted before disclosing to Subcontractors, sub-Subcontractors, or any other tier
of vendor.
b. All subcontracts shall be in writing in form and substance substantially similar to the Contractor’s
standard form subcontract, attached to the Agreement and made a part thereof as an Exhibit, and
shall specifically provide that the Owner is an intended third-party beneficiary of such
subcontract. The Contractor’s subcontractors, however, are not intended third-party beneficiaries
of this Agreement by pass through, assignment, or otherwise, except as provided in the Contract
Documents, and the Owner shall not be bound to Contractor’s subcontract agreements.
c. Whenever the Contractor receives payment pursuant to the Contract Documents, the Contractor
shall make payments to each of its Subcontractors of any amounts actually received which were
included in the Contractor’s Application for Payment to the Owner for such subcontracts unless
otherwise allowed to withhold payment by the terms and conditions of the subcontract or as
allowed by law. The Contractor shall make such payments within ten (10) days of receipt of
payment from the Owner in the same manner as the Owner is required to pay the Contractor
under the Contract Documents if the Subcontractor is satisfactorily performing under its contract
with the Contractor. Such payments from Owner to Contractor shall be imposed with an express
trust to assure that payment is made to all Project Subcontractors, Sub-subcontractors, and
suppliers. In addition to the express trust imposed upon such funds and the fiduciary duties
incumbent upon the Contractor, Texas Property Code Chapter 162 shall apply.
d. The Contractor shall monitor the Subcontractors, who shall pay all suppliers, Sub-subcontractors,
laborers, and any other persons who provide goods, materials, labor, or equipment to the
Subcontractor any amounts actually received which were included in the Subcontractor’s request
for payment to the Contractor for such persons, within ten (10) days of receipt of payment from
the Contractor. The construction payments made by the Contractor to the Subcontractor shall be
trust funds as set forth in Chapter 162 of the Texas Property Code. If the Subcontractor fails to
make such payments in the required manner, the Subcontractor shall pay said suppliers, Sub-
subcontractors, and laborers interest as set forth in Chapter 162 of the Texas Property Code.
e. At the time the Subcontractor submits a request for payment to the Contractor, the Subcontractor
shall also submit to the Contractor a list of the Subcontractor’s suppliers, Sub-subcontractors, and
laborers. The Contractor shall be relieved of the requirements of this Section regarding payment
in ten (10) days and interest payments until the Subcontractor submits such list. If the Contractor
fails to make timely payments to the Subcontractor as required by this Section, the Contractor
shall pay the Subcontractor interest as calculated under the provisions of Chapter 2251 of the
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Texas Government Code. Nothing in this Section 5.3 shall be construed to affect the retention
provisions of any contract.
f. The provisions of this Section 5.3 shall be made a part of each contract between the Contractor
and each Subcontractor, either expressly or by incorporation by reference to this Section of the
Contract Documents.
Section 5.4 Contingent Assignment of Subcontracts
a. Each subcontract agreement for a portion of the Work may be assigned by the Contractor to the
Owner, provided that
.1 assignment is effective only after termination of the Contract by the
Owner for cause pursuant to Section 14.2 and only for those subcontract
agreements that the Owner accepts by notifying the Subcontractor and
Contractor; and
.2 assignment is subject to the prior rights of the surety, if any, obligated
under bond relating to the Contract.
When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the
Contractor’s rights and obligations under the subcontract.
b. If the Work in connection with a subcontract has been suspended for more than thirty ( 30 ) days,
after termination of the Contract by the Owner pursuant to Section 14.2 and the Owner accepts
assignment of such subcontract, the Subcontractor’s compensation shall be equitably adjusted for
any increase in direct verifiable costs incurred by such Subcontractor as a result of the
suspension.
c. Upon assignment to the Owner under this Section 5.4, the Owner may further assign the
subcontract to a successor contractor or other entity, including the performance bond Surety’s
takeover or completion contractor, which shall relieve the Owner of any legal responsibility under
the subcontract.
d. Each subcontract shall specifically provide that the Owner shall only be responsible to the
Subcontractor for those obligations that accrue subsequent to the assignment of the Subcontractor
to the Owner after suspension and termination of the Contract, as provided in this Section 5.4.
This Section 5.4 shall be construed to prohibit a pass through or assignment of rights, unless
authorized by the Owner in writing
Section 5.5 Owner Payments to Subcontractors
a. In the event of any default hereunder by the Contractor, or in the event the Owner or Design
Professional fails to approve any Application for Payment that is not the fault of a Subcontractor,
the Owner may make direct payment to the Subcontractor, less appropriate retainage. In that
event, the amount paid the Subcontractor shall be deducted from the payment to the Contractor.
b. Nothing contained herein shall create any obligation on the part of the Owner to make any
payments to any Subcontractor, and no payment by the Owner to any Subcontractor shall create
any obligation to make any further payments to any Subcontractor.
Article 6. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS
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Section 6.1 Owner’s Right to Perform Construction and to Award Separate Contracts
a. The term “Separate Contractor(s)” shall mean other contractors retained by the Owner under
separate agreements. The Owner reserves the right to perform construction or operations related
to the Project with the Owner’s own forces, and with Separate Contractors in connection with
other portions of the Project or other construction or operations on the site under Conditions of
the Contract identical or substantially similar to these including those portions related to
insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is
involved because of such action by the Owner, the Contractor shall make such Claim as provided
in Article 15.
b. When separate contracts are awarded for different portions of the Project or other construction or
operations on the site, the term “Contractor” in the Contract Documents in each case shall mean
the Contractor who executes each separate Owner-Contractor Agreement.
c. The Owner shall provide for coordination of the activities of the Owner’s own forces and of each
Separate Contractor with the Work of the Contractor, who shall cooperate with them. The
Contractor shall participate with any Separate Contractors and the Owner in reviewing their
construction schedules. The Contractor shall make any revisions to its construction schedule
deemed necessary after a joint review and mutual agreement. The construction schedules shall
then constitute the schedules to be used by the Contractor, Separate Contractors, and the Owner
until subsequently revised.
d. Unless otherwise provided in the Contract Documents, when the Owner performs construction or
operations related to the Project with the Owner’s own forces or with Separate Contractors, the
Owner or its Separate Contractors shall have the same obligations and rights that the Contractor
has under the Conditions of the Contract, including, without excluding others, those stated in
Article 3, this Article 6, and Articles 10, 11, and 12.
e. The Contractor accepts assignment of, and liability for, all purchase orders and other agreements
for procurement of materials and equipment that are listed in and identified as part of the Contract
Documents. The Contractor shall be responsible for such pre-purchased items, if any, as if the
Contractor were the original purchaser. The Contract Sum includes, without limitation, all costs
and expenses in connection with delivery, storage, insurance, installation, and testing of items
covered in any assigned purchase orders or agreements. All warranty and correction of the Work
obligations under the Contract Documents shall also apply to any pre-purchased items, unless the
Contract Documents specifically provide otherwise.
Section 6.2 Mutual Responsibility
a. The Contractor shall afford the Owner and Separate Contractors reasonable opportunity for
introduction and storage of their materials and equipment and performance of their activities and
shall connect and coordinate the Contractor’s construction and operations with theirs as required
by the Contract Documents.
b. If part of the Contractor’s Work depends on proper execution or results upon construction or
operations by the Owner or a Separate Contractor, the Contractor shall, prior to proceeding with
that portion of the Work, promptly notify the Design Professional of any apparent discrepancies
or defects in the construction or operations by the Owner or Separate Contractor that would
render it unsuitable for proper execution and results of the Contractor’s Work. Failure of the
Contractor to notify the Design Professional of these apparent discrepancies or defects prior to
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proceeding with the Work shall constitute an acknowledgment that the Owner’s or Separate
Contractor’s completed or partially completed construction is fit and proper to receive the
Contractor’s Work.
c. The Contractor shall reimburse the Owner for costs the Owner incurs that are payable to a
Separate Contractor because of the Contractor’s delays, improperly timed activities or defective
construction. The Owner shall be responsible to the Contractor for costs the Contractor incurs
because of a Separate Contractor’s delays, improperly timed activities, damage to the Work or
defective construction.
d. The Contractor shall promptly remedy damage that the Contractor wrongfully causes to
completed or partially completed construction or to property of the Owner or Separate Contractor
as provided in Section 10.2.e.
e. The Owner and each Separate Contractor shall have the same responsibilities for cutting and
patching as are described for the Contractor in Section 3.14.
f. Should the Contractor wrongfully delay or cause damage to the work or property of any Separate
Contractor, the Contractor shall, upon due notice, promptly attempt to settle with such other
contractor by agreement or otherwise to resolve the dispute. If such Separate Contractor sues or
initiates a judicial proceeding against the Owner on account of any delay or damage alleged to
have been caused by the Contractor, the Owner shall notify the Contractor who shall defend such
proceedings at the Contractor’s expense. The Owner may fund the defense of such proceedings
contemplated by this Section but, in any event, if any judgment or award against the Owner arises
therefrom, the Contractor shall pay to satisfy it to the extent of Contractor’s responsibility.
g. SHOULD ANY SUCH SEPARATE CONTRACTOR WRONGFULLY DELAYED OR
DAMAGED BY THE CONTRACTOR OR PERSONS FOR WHOM THE
CONTRACTOR IS RESPONSIBLE PER SECTION 6.2.f MAKE A CLAIM AGAINST
THE INDEMNITEES, OR BRING ANY ACTION AGAINST THE INDEMNITEES, ON
ACCOUNT OF THE DAMAGE ALLEGED TO HAVE BEEN SO SUSTAINED, THE
CONTRACTOR SHALL HOLD THE INDEMNITEES HARMLESS AND DEFEND
THEM AGAINST ANY SUCH CLAIM OR SUIT, AND SHALL REIMBURSE TO THE
INDEMNITEES THE COST INCLUDING, WITHOUT LIMITATION, REASONABLE,
ADDITIONAL ATTORNEY’S FEES INCURRED DEFENDING SUCH SUIT, AND IF
ANY JUDGMENT AGAINST THE INDEMNITEES ARISES THERE FROM, THE
CONTRACTOR SHALL PAY OR SATISFY IT AND SHALL PAY ALL COSTS
INCURRED BY THE INDEMNITEES.
h. Should the Contractor be caused damage by any Owner’s Separate Contractor(s)’s work, by
reason of such Owner’s Separate Contractor’s failure to perform properly under its contract with
the Owner, no action will lie against the Owner, and the Owner shall have no liability therefor,
but the Contractor may assert its claims for damages directly against such Owner’s Separate
Contractor and the Owner shall reasonably assist the Contractor. by assign such rights to
Contractor, unless otherwise prohibited under Texas law.
i. Inasmuch as the completion of the building within the prescribed time is dependent very largely
upon the close and active cooperation of all those engaged therein, it is, therefore expressly
understood and agreed that each contractor shall lay out and install its work at such time(s) and in
such manner as to not delay or interfere with the carrying forward of the work of the other
contractors.
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j. Where the work of one contractor directly affects the conditions of the work of another contractor
including, as examples only, and not limited to, providing shoring for backfilling, providing
protective covering for painting, providing adequate bracing of door jambs, etc., the contractor
performing the work which will adversely affect another contractor’s work shall be responsible
for providing adequate protection based upon methods used to perform its work.
Section 6.3 Owner’s Right to Clean Up
If a dispute arises among the Contractor, Separate Contractors, or the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding area free
from waste materials and rubbish, the Owner may clean up and the Design Professional will allocate the
cost among those responsible, which allocation shall be final.
Article 7. CHANGES IN THE WORK
Section 7.1 General
a. Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a minor
change in the Work, subject to the limitations stated in this Article 7 and elsewhere in the
Contract Documents.
b. A Change Order shall be based upon agreement among the Owner, Contractor, and Design
Professional. A Construction Change Directive requires agreement by the Owner and Design
Professional and may or may not be agreed to by the Contractor. An order for a minor change in
the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time
and reasonably inferable from the intent of the Contract Documents may be issued by the Design
Professional alone.
c. Changes in the Work shall be performed under applicable provisions of the Contract Documents.
The Contractor shall proceed promptly with changes in the Work, unless otherwise provided in
the Change Order, Construction Change Directive, or order for a minor change in the Work.
Except as permitted in Section 7.3 or as otherwise provided herein, a change in the Contract Sum
or the Contract Time shall be accomplished only by Change Order. Accordingly, no course of
conduct or dealings between the parties, nor express or implied acceptance of alterations or
additions to the Work, and no claim that Owner has been unjustly enriched by any alteration of or
addition to the Work, whether or not there is, in fact, any unjust enrichment to the Work, shall be
the basis of any claim to an increase in any amounts due under the Contract Documents or a
change in any time period provided for in the Contract Documents.
Section 7.2 Change Orders
a. A Change Order is a written instrument prepared by the Design Professional and signed by the
Owner, Contractor, and Design Professional stating their agreement upon all of the following:
.1 The change in the Work;
.2 The amount of the adjustment, if any, in the Contract Sum; and
.3 The extent of the adjustment, if any, in the Contract Time.
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b. Methods used in determining adjustments to the Contract Sum may include those listed in
Sections 7.3.c, 7.3.g and 7.3.j.
c. Agreement on any Change Order constitutes a final settlement of all past and future claims, at law
or in equity, concerning all matters relating to the change in the Work that is the subject of the
Change Order, including, but not limited to, delays, all direct and indirect costs, any claim for
damages associated with such change, and any and all adjustments to the Contract Sum and the
construction schedule.
d. Change Orders Requiring City Council Approval
The Contract Sum may not be increased because of a Change Order unless additional money for
increased costs is appropriated for that purpose from available funds or is provided for by the
authorization of the issuance of time warrants. The approval of the Denton City Council is
required if a Change Order involves a decrease or an increase of $50,000.01 or more. The original
Contract Sum also may not be increased under this Section 7.2 by more than twenty-five percent
(25.0%) over the entire duration of the Project. The original Contract Sum may not be increased
by more than twenty-five percent (25%) over the entire duration of the Project for any reason; nor
may it be decreased by more than twenty-five percent (25%) without the consent of the
Contractor, as provided in Texas Local Government Code Sec. 252.048. After the Change Order
is submitted by the Contractor under this Section 7.2, the additional time required to obtain City
Council approval shall not be factored into any past or future claim for delays or calculated as a
part of the Change Order request.
Section 7.3 Construction Change Directives
a. A Construction Change Directive is a written order prepared by the Design Professional and
signed by the Owner and Design Professional, directing a change in the Work prior to agreement
on adjustment, if any, in the Contract Sum or Contract Time, or both. The Owner may by
Construction Change Directive, without invalidating the Contract, order changes in the Work
within the general scope of the Contract consisting of additions, deletions, or other revisions, the
Contract Sum and Contract Time being adjusted accordingly.
b. A Construction Change Directive shall be used in the absence of total agreement on the terms of a
Change Order.
c. If the Construction Change Directive provides for an adjustment to the Contract Sum, the
adjustment shall be based on one of the following methods:
.1 Mutual acceptance of a lump sum properly itemized and supported by
sufficient substantiating data to permit evaluation;
.2 Unit prices stated in the Contract Documents or subsequently agreed
upon;
.3 Cost to be determined in a manner agreed upon by the parties and a
mutually acceptable fixed fee; or
.4 As provided in Section 7.3.d.
d. If the Contractor does not respond promptly or disagrees with the method for adjustment in the
Contract Sum, the Design Professional shall determine the adjustment on the basis of reasonable
expenditures and savings of those performing the Work attributable to the change, including, in
case of an increase in the Contract Sum, an amount for overhead and profit calculated using the
sum of the actual costs allowed in Sections 7.3.d.1 through 7.3.d.5, and using the percentages as
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set forth in Section 7.3.l below. In such case, and also under Section 7.3.c, the Contractor shall
keep and present, in such form as the Design Professional may prescribe, an itemized accounting
together with appropriate supporting data. Unless otherwise provided in the Contract Documents,
costs for the purposes of this Section 7.3.d shall be limited to the following:
.1 Costs of labor, including applicable payroll taxes, fringe benefits
required by agreement or custom, workers’ compensation insurance, and other
employee costs approved by the Design Professional;
.2 Costs of materials, supplies, and equipment, including cost of
transportation, whether incorporated or consumed;
.3 Rental costs of machinery and equipment, exclusive of hand tools,
whether rented from the Contractor or others;
.4 Costs of premiums for all bonds and insurance, permit fees, and sales,
use, or similar taxes, directly related to the change; and
.5 Additional, verifiable payroll and subsistence costs incurred by the
Contractor, Subcontractor, and Sub-subcontractor of field personnel directly
attributable to the change.
e. If the Contractor disagrees with the adjustment in the Contract Time, the Contractor may make a
Claim in accordance with applicable provisions of Article 15.
f. Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the
change in the Work involved and advise the Design Professional of the Contractor’s agreement or
disagreement with the method, if any, provided in the Construction Change Directive for
determining the proposed adjustment in the Contract Sum or Contract Time.
g. A Construction Change Directive signed by the Contractor indicates the Contractor’s agreement
therewith, including adjustment in Contract Sum and Contract Time or the method for
determining them. Such agreement shall be effective immediately and shall be recorded as a
Change Order.
h. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change that
results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Design
Professional. When both additions and credits covering related Work or substitutions are involved
in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if
any, with respect to that change.
i. Pending final determination of the total cost of a Construction Change Directive to the Owner, the
Contractor may request payment for Work completed under the Construction Change Directive in
Applications for Payment. The Design Professional will make an interim recommendation for
purposes of monthly certification for payment for those costs and certify for payment the amount
that the Design Professional recommends, in the Design Professional’s professional judgment, to
be reasonably justified. The Design Professional’s interim recommendation of cost shall adjust
the Contract Sum on the same basis as a Change Order, subject to the right of either party to
disagree and assert a Claim in accordance with Article 15.
j. When the Owner and Contractor agree with a recommendation made by the Design Professional
concerning the adjustments in the Contract Sum and Contract Time, or otherwise reach agreement
upon the adjustments, such agreement shall be effective immediately and the Design Professional
will prepare a Change Order. Change Orders may be issued for all or any part of a Construction
Change Directive.
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k. If the Owner and Contractor do not agree with the adjustment in Contract Time or the method for
determining it, the adjustment or the method shall be referred to the Design Professional for
determination. The Design Professional may consult with the Owner in connection with such
determination either at the direction of the Owner or at the Design Professional’s discretion. If the
Contractor does not ultimately agree with the Design Professional’s determination, the Contractor
may assert a Claim in accordance with Article 15.
l. In Subparagraph 7.3.d, the allowance for the combined total of onsite and offsite overhead and
profit included in the total cost to the Owner shall be based on the following schedule:
.1 For the Contractor, for Work performed by the Contractor’s own forces,
fee percentage of the Cost of Work stated in Section 5.1.a of the Stipulated Sum
Agreement plus actual direct jobsite costs associated with the additional work, if
any;
.2 For the Contractor, for Work performed by the Contractor’s
Subcontractor, fee percentage of the Cost of Work stated in the Stipulated Sum
Agreement, if any, plus actual direct jobsite costs associated with the additional
work, if any;
.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;
.4 For each Subcontractor, for Work performed by the Subcontractor’s Sub-
subcontractors, five percent (5%) of the amount due the Sub-subcontractor;
.5 Cost to which overhead and profit is to be applied shall be determined in
accordance with Section 7.3.d;
.6 Under no circumstance shall costs of the Contractor’s supervisory,
management, administrative or other office personnel, regardless of where
stationed, be paid as cost of the Work under 7.3.d Conversely, the Contractor
shall be compensated for their labor within the overhead and profit percentage
specified in this Section 7.3.l;
.7 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 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;
.8 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
.9 Overtime, when specifically authorized by the Owner and not as a
requirement for the Contractor to fulfill its obligations under this Agreement,
shall be paid for by the Owner 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 Owner for overtime.
Section 7.4 Minor Changes in the Work
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The Design Professional may order minor changes in the Work that are consistent with the intent
of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the
Contract Time. The Design Professional’s order for minor changes shall be in writing. If the Contractor
believes that the proposed minor change in the Work will affect the Contract Sum or Contract Time, the
Contractor shall notify the Design Professional and shall not proceed to implement the change in the
Work. If the Contractor performs the Work set forth in the Design Professional’s order for a minor change
without prior notice to the Design Professional that such change will affect the Contract Sum or Contract
Time, the Contractor waives any adjustment to the Contract Sum or extension of the Contract Time.
Section 7.5 Supporting Information
Notwithstanding the above, requests for an adjustment in the Contract Sum or adjustment in the
Contract Time shall be in a form and accompanied by supporting information with a level of detail wholly
acceptable to the Owner and Design Professional. The Contractor shall also comply with all provisions of
Articles 8 and 15 with respect to claims. The required information shall be provided by the Contractor in
less than twenty-one (21) days from the Contractor’s request for an adjustment in the Contract Sum or
Contract Time. Failure to timely provide this information in the proper form may be, in and of itself,
grounds for rejection of the request, at the sole discretion of the Owner or Design Professional.
Article 8. TIME
Section 8.1 Definitions
a. Unless otherwise provided, Contract Time is the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Work.
b. The date of commencement of the Work is the date established in the Agreement. The date shall
not be postponed by the failure to act of the Contractor or of persons or entities for whom the
Contractor is responsible.
c. The date of Substantial Completion is the date certified by the Design Professional in accordance
with Section 9.8.
d. The term “day” as used in the Contract Documents shall mean calendar day unless otherwise
specifically defined.
Section 8.2 Progress and Completion
a. Time limits stated in the Contract Documents are of the essence. By executing the Agreement, the
Contractor confirms that the Contract Time is a reasonable period for performing the Work.
b. The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing,
prematurely commence operations on the site or elsewhere prior to the effective date of insurance
required by Article 11 to be furnished by the Contractor and Owner. The date of commencement
of the Work shall not be changed by the effective date of such insurance. Unless the date of
commencement is established by a Notice to Proceed given by the Owner, the Contractor shall
notify the Owner in writing not less than five (5) days or other agreed period before commencing
the Work to permit the timely filing of any additional necessary documents.
c. Attention is directed to the fact that the Work is urgently needed by the Owner; for this reason it
shall be agreed that the Contractor will substantially complete all Work under the Contract within
the time established in the Contract Documents and the most recently approved Contractor’s
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Project Schedule. The Contractor shall begin the Work on the date of commencement as defined
in the Contract Documents; carry the Work forward with adequate resources; furnish, without
limitation such labor, supervision, materials, facilities, and equipment; and work such hours,
including night shifts, overtime operations, and Sundays and/or holidays, as may be necessary to
ensure the progress and completion of both the Work and the Project as reflected by the most
recently approved Contractor’s Project Schedule.
d. The Contractor shall achieve specific Contractual Milestone dates (if any), Substantial
Completion, and Final Completion within the times stated in the Contract Documents, and such
dates shall be adhered to and shall be the last acceptable dates for completion of Work required
for those milestones and completions, unless and until modified by the Owner in writing.
e. The Contractor understands and agrees that all Work must be performed in an orderly and closely
coordinated sequence so that the dates for Contractual Milestones (if any), Substantial
Completion, and Final Completion, may be met by the both the Contractor as well as the
respective Separate Contractors.
f. The Contractor shall also complete the Work in all of its details for final acceptance as
expeditiously as possible after Substantial Completion.
g. The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial
Completion within the Contract Time.
Section 8.3 Delays and Extensions of Time
a. If the Contractor is delayed at any time in the commencement or progress of the Work by (1) an
act or neglect of the Owner or Design Professional, of an employee of either, or of a Separate
Contractor; (2) by changes ordered in the Work; (3) by labor disputes, fire, implementation of
Federal law or policies, unusual delay in transportation, unavoidable casualties, adverse weather
conditions documented in accordance with Section 15.1.f.ii, or other causes beyond the
Contractor’s control; (4) by delay authorized by the Owner pending mediation; or (5) by other
causes that the Design Professional recommends may, justify delay, then the Contract Time may
be extended for such reasonable time as the Owner may determine.
b. Claims relating to time shall be made in accordance with applicable provisions of Article 15.
c. This Section 8.3 does not preclude recovery of damages for delay by either party under other
provisions of the Contract Documents.
d. Any claims for extension of time shall be made in writing to the Owner and Design Professional
not more than ten (10) days after commencement of the delay; otherwise it shall be waived. In the
case of a continuing delay only one claim is necessary. The Contractor shall provide an estimate
of the probable effect of such delay on the progress of work within five (5) days of the first date
the Contractor should reasonably be expected to have calculated the impact of such delay, but in
no event more than fifteen (15) days after the commencement of the delay, with weekly updates
to the impact if the delay is of an ongoing nature.
e. Extensions of the Contract Time will be made for delays due to weather conditions only when
such conditions are more severe and extended than those reflected by the ten (10) year average
for the month as evidenced by the National Climatic Data Center’s (NCDC’s) Surface Data US at
http://gis.ncdc.noaa.gov/ website/ims-cdo/sod/viewer.htm or other data as mutually agreed by the
Owner and Contractor for the Project area.
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f. In allowing delays for weather, the Owner will be entitled to consider weather conditions
prevailing throughout the entire Contract period. The Owner and Contractor will together
reconcile actual working days lost and gained over the entire Contract period every ninety (90)
days. The Contractor shall then adjust the schedule activities accordingly for both the
Contractor’s weather float reserves and Owner’s float reserves where those activities are carried
in the Contractor’s Project Schedule (if any).Extensions of time due to weather or other allowable
reasons will be granted on the basis of one-and-four-tenths (1.4) calendar days credit for every
working day lost, with each separate extension figured to the nearest whole calendar day.
g. The extension of the contract completion time for weather conditions will occur only in the event
that the weather in question affected critical activities on the most current Contractor’s
Construction Schedule, and at least one half of the work force allocated to that item of work was
also adversely affected by the same weather conditions.
Section 8.4 Contractor’s Obligations After Delay
a. If either the Work actually in place falls behind as reflected by the currently updated Master
Project Schedule or Contractor’s Construction Schedule, or it becomes apparent or likely in the
reasonable opinion of the Owner after consultation with the Design Professional that the Work
will not be completed within the Contract Time or in accordance with the Contractor’s
Construction Schedule, due to delays caused by the Contractor or its subcontractors, the
Contractor 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 Owner or Design
Professional, as required to substantially eliminate, in the judgment of the Owner, the backlog of
Contractor’s Work on the Project:
.1 Increase quantities of, without limitation, labor, supervision, material
deliveries, equipment on site, and crafts as necessary;
.2 Increase the number of working hours per shift, shifts per working day,
working days per week, or any combination of the foregoing;
.3 Reschedule activities to achieve maximum practical concurrence of
accomplishment; and
.4 Do whatever else is reasonably required by the Owner or Design
Professional.
b. These Extraordinary Measures shall continue until the progress of the Work complies with the
stage of completion required by the Contract Documents. The Owner’s right to require
Extraordinary Measures is solely for the purpose of ensuring the Contractor’s compliance with
the Contractor’s Construction Schedule.
c. In the event of a delay, the Owner Design Professional may also require the Contractor to
immediately submit a Proposed Recovery Schedule as specified in Section 3.10.h above. If the
Proposed Recovery Schedule is not satisfactory, the Design Professional may unilaterally
establish a new Proposed Recovery Schedule acceptable to the Owner; issue it as a Construction
Change Directive; and the Contractor shall comply therewith. The Owner may also require the
Contractor to take any of the Extraordinary Measures to make up the lag in scheduled progress,
all without additional cost to the Owner, or Design Professional.
d. Failure of the Contractor to substantially comply with the requirements of this Section 8.4 shall
be considered grounds for a determination by the Owner, after consultation with the Design
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Professional, that the Contactor is in breach of this Agreement by failing to prosecute the Work
and that of the Project so as to ensure its completion within both the Contract Time and the
updated Contractor’s Construction Schedule.
e. Likewise, in the event the progress of the Project falls behind the predictions of the Master
Project Schedule through no fault of the Contractor, the Owner or Design Professional may
request, and the Contractor may agree to take one or more of the Extraordinary Measures, with
the Owner bearing the cost for such measures by Change Order.
f. The Contractor shall not be entitled to an adjustment in the Contract Sum in connection with
Extraordinary Measures required by the Owner under or pursuant to this Section 8.4, except as
specifically noted otherwise in Section 8.4.e.
Section 8.5 Owner’s Rights After Delay
a. In the event that any Contractor fails, or appears likely to fail, to complete a critical portion of
Work on time or to complete a Contractual Milestone Date or completion date as evidenced by
the most recently approved Contractor's Project Schedule, the Owner or the Design Professional
shall have the right to impose any or all of the following options:
.1 Require the Contractor to substantiate the capability to get back on
schedule within ten (10) business days;
.2 Require the Contractor to take some or all of the Extraordinary
Measures, and do whatever else is required by the Owner or Design Professional
until Contractor confirms, to the satisfaction of the Owner and Design
Professional, the progress of the Work is in compliance and congruence with the
most recently approved Contractor’s Construction Schedule, such measures
being at no extra cost to Owner and Design Professional;
.3 Withhold progress payment, or portions thereof, until such time as the
Contractor is in compliance with the most recently approved Contractor's Project
Schedule; and
.4 Contact or visit the factory, plant or distribution center whose production
or delivery schedule may be critical to the scheduled completion of a portion of
the contract work, and expedite same, at Contractor's expense.
Section 8.6 Liquidated Damages
a. Should the Contractor fail to substantially complete the Work on, or before, the original date set
forth in the Contract, or on or before the revised date as granted by extensions to Contract Time,
the Owner may at its sole discretion permit the Contractor to proceed, and in such case, there
shall be deducted from any monies due or which may become due the Contractor, 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 Owner. Liquidated damages are intended to compensate the Owner for the
Contractor’s failure to meet the deadlines set forth herein, and shall not excuse the Contractor
from liability from any other breach of requirements of the Contract Documents, including any
failure of the Work to conform to applicable requirements. The Contractor agrees that the sums in
Section 8.6.b are reasonable in light of the anticipated or actual harm caused by the breach, the
difficulties of the proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an
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adequate remedy. Contractor further acknowledges and agrees that Liquidated Damages may be
owing even though no termination has occurred.
b. Contractor shall pay as liquidated damages to the Owner: the sums shown in the table below for
each calendar day that expires after the date set forth in the Contract for Final Completion of the
Work.
First Week Late Second Week Late Third & Fourth Weeks Late Every Day After the Fourth Week Late
$500/day $500/day $500/day $500/day
c. 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 Contractor 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 Owner and the
public.
d. Permitting the Contractor 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 Owner of any of its
rights under the Contract. The Contractor acknowledges the Owner receives no benefits from
early completion of the Project or the Work, therefore all rights, if any, to an early completion
bonus or other increases in the Contract Sum for such early completion are hereby waived by the
Contractor.
Article 9. PAYMENTS AND COMPLETION
Section 9.1 Contract Sum
a. The Contract Sum is stated in the Agreement and, is the maximum amount payable by the Owner
to the Contractor for performance of the Work under the Contract Documents. The Contract Sum
may only be increased pursuant to a Change Order signed by the Owner. Completion of the Work
is a condition precedent to Owner’s obligation to pay the full Contract Sum.
b. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities
originally contemplated are materially changed so that application of such unit prices to the actual
quantities causes substantial inequity to the Owner or Contractor, the applicable unit prices shall
be equitably adjusted.
Section 9.2 Schedule of Values
Where the Contract is based on a Stipulated Sum or the Cost of the Work, the Contractor shall
meet with the Design Professional, at the Preconstruction Conference with a proposed Schedule of Values
as specified in Section 3.10. The Contractor’s Schedule of Values will be reviewed by the Owner and
Design Professional in the context of the Contractor’s proposed Construction Management Plan,
including, but not limited to, the Contractor’s Construction Schedule therein. The values assigned to each
work activity in the Schedule of Values should be generated by the projected earned value of the activities
in the Contractor’s Construction Schedule, rounded to the nearest five dollars, and equal in aggregate to
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the Contractor’s and Subcontractor’s contract amount(s). The Schedule of Values shall allocate the entire
Contract Sum to the various portions of the Work and be prepared in such form and supported by such
additional data to substantiate its accuracy as the Owner and Design Professional may require. This
Schedule, of Values, unless objected to by the Owner or Design Professional, shall be used as a basis for
reviewing the Contractor’s Applications for Payment.
Section 9.3 Applications for Payment
a. At least ten days before the date established for each progress payment, the Contractor shall
submit to the Design Professional an itemized Application for Payment prepared in accordance
with the Schedule of Values, if required under Section 9.2, for completed portions of the Work.
The application shall be notarized, if required, and supported by all data substantiating the
Contractor’s right to payment that the Owner or Design Professional require, such as copies of
requisitions, and releases and waivers of liens from Subcontractors and suppliers and shall reflect
retainage if provided for in the Contract Documents. The Application for Payment shall be
notarized and include other documentation as reasonably required by the Owner; submitted
electronically.
i. As provided in Section 7.3.i, such applications may include requests for payment on
account of changes in the Work that have been properly authorized by Construction
Change Directives, or by interim recommendations of the Design Professional, but not
yet included in Change Orders.
ii. Applications for Payment shall not include requests for payment for portions of the Work
for which the Contractor does not intend to pay a Subcontractor or supplier, unless such
Work has been performed by others whom the Contractor intends to pay.
iii. Each Application for Payment shall be accompanied by the following, all in form and
substance satisfactory to the Owner and Design Professional and in compliance with all
applicable statutes:
.1 A duly executed and acknowledged sworn statement showing all
Subcontractors and material suppliers with whom the Contractor has entered into
subcontracts, the amount of each such subcontract, the invoice from and the
amount requested for any Subcontractor and material supplier in the requested
Application for Payment, and the amount to be paid to the Contractor from such
progress payment, together with similar sworn statements from all such
Subcontractors and material suppliers;
.2 Duly executed statutory conditional waivers of mechanics’ and material
suppliers’ lien for progress payments with teach payment application; and
appropriate statutory unconditional waivers of mechanics’ and material suppliers’
liens for progress payments; and appropriate statutory unconditional waivers for
final payments from all Subcontractors and, when appropriate, from material
suppliers and lower tier Sub-subcontractors establishing payment or satisfaction
of payment of all amounts requested by the Contractor on behalf of such entities
or persons in any previous Application for Payment;
.3 An updated Contractor’s Construction Schedule per Section 3.10 clearly
showing the actual progress of the Work for each activity against the Work
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previously scheduled to be completed during the period, and against targeted
activities’ previously approved completion dates; and
.4 With every Payment Request for the Work, contractor will submit an
affidavit stating that the contractor 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;
.4 If required by the Owner’s title insurer, if any, the Contractor shall
execute a personal gap undertaking in form and substance satisfactory to such
title insurer; and.
.5 Notwithstanding the above, Applications for Payment shall be in a form
and accompanied by supporting information with a level of detail wholly
acceptable to the Design Professional, and shall include, at a minimum, an
updated monthly Contractor’s Construction Schedule clearly and graphically
comparing the actual “work-in-place” completed to the Work previously
projected to be complete for the period. Failure to provide this information in the
proper form may be, in and of itself, grounds for rejection of the Application for
Payment, at the discretion of the Design Professional.
b. Unless otherwise provided in the Contract Documents, payments shall be made on account of
materials and equipment delivered and suitably stored at the site for subsequent incorporation in
the Work. If approved in advance by the Owner, payment may similarly be made for materials
and equipment suitably stored off the site at a location agreed upon in writing. Payment for
materials and equipment stored on or off the site shall be conditioned upon compliance by the
Contractor with procedures satisfactory to the Owner to establish the stored materials and
equipment which must be properly tagged as to material and job identification; must be available
for inspection by the Design Professional; and such requests for payment must be accompanied
by documentary evidence as specified, without limitation, in Sections 3.13 and 11.3, which
supports the request’s validity; quantity and value of materials; proper material acceptance and
storage; and including insurance on the materials as evidenced by a Certificate of Insurance or
otherwise protects the Owner’s interests. Such request shall include the costs of applicable
insurance, storage, and transportation to the site, for such materials and equipment stored off the
site. Such materials shall be:
.1 Protected from diversion, destruction, theft, and damage to the
satisfaction of the Owner, and the Lender;
.2 Specifically marked for use on the Project; and
.3 Segregated from other materials at the storage facility.
c. The Contractor warrants that title to all Work covered by an Application for Payment will pass to
the Owner either by incorporation in the construction or upon the receipt of payment by the
Contractor, whichever occurs. The Contractor further warrants that upon submittal of an
Application for Payment all Work for which Certificates for Payment have been previously
issued and payments received from the Owner shall be free and clear of liens, claims, security
interests, or encumbrances, in favor of the Contractor, Subcontractors, suppliers, or other persons
or entities that provided labor, materials, and equipment relating to the Work.
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d. THE CONTRACTOR FURTHER EXPRESSLY UNDERTAKES TO DEFEND THE
INDEMNITEES, AT THE CONTRACTOR’S SOLE EXPENSE, AGAINST ANY
ACTIONS, LAWSUITS, OR PROCEEDINGS BROUGHT AGAINST THE
INDEMNITEES AS A RESULT OF LIENS OR VERIFIED CLAIMS FILED AGAINST
THE WORK, THE SITE OF ANY OF THE WORK, THE PROJECT SITE AND ANY
IMPROVEMENTS THEREON, PAYMENTS DUE THE CONTRACTOR, THE
PROJECT BOND OR ANY PORTION OF THE PROPERTY OF ANY OF THE
INDEMNITEES (REFERRED TO COLLECTIVELY AS “LIENS OR VERIFIED
CLAIMS” IN THIS SECTION 9.3.d). THE CONTRACTOR HEREBY AGREES TO
INDEMNIFY AND HOLD THE INDEMNITEES HARMLESS AGAINST ANY SUCH
LIENS OR VERIFIED CLAIMS AND AGREES TO PAY ANY JUDGMENT OR LIENS
OR VERIFIED CLAIMS RESULTING FROM ANY SUCH ACTIONS, LAWSUITS, OR
PROCEEDINGS.
Section 9.4 Certificates for Payment
a. The Design Professional will, within seven (7) days after receipt of the Contractor’s Application
for Payment, either (1) issue to the Owner a Certificate for Payment in the full amount of the
Application for Payment, with a copy to the Contractor; or (2) issue to the Owner a Certificate for
Payment for such amount as the Design Professional recommends is properly due, and notify the
Contractor and Owner of the Design Professional’s reasons for withholding certification in part as
provided in Section 9.5.a; or (3) withhold certification of the entire Application for Payment, and
notify the Contractor and Owner of the Design Professional’s reason for withholding certification
in whole as provided in Section 9.5.a.
b. The issuance of a Certificate for Payment will constitute a representation by the Design
Professional to the Owner, based on the Design Professional’s evaluation of the Work and the
data in the Application for Payment, that, to the best of the Design Professional’s knowledge,
information, and belief, the Work has progressed to the point indicated, the quality of the Work is
in accordance with the Contract Documents, and that the Contractor is entitled to payment in the
amount certified. The foregoing representations are subject to an evaluation of the Work for
conformance with the Contract Documents upon Substantial Completion, to results of subsequent
tests and inspections, to correction of minor deviations from the Contract Documents prior to
completion, and to specific qualifications expressed by the Design Professional. However, the
issuance of a Certificate for Payment will not be a representation that the Design Professional has
(1) made exhaustive or continuous on-site inspections to check the quality or quantity of the
Work; (2) reviewed construction means, methods, techniques, sequences, or procedures; (3)
reviewed copies of requisitions received from Subcontractors and suppliers and other data
requested by the Owner to substantiate the Contractor’s right to payment; or (4) made
examination to ascertain how or for what purpose the Contractor has used money previously paid
on account of the Contract Sum.
c. Certification will be issued for ninety-five percent (95%) of the amount requested by the
Contractor and approved by the Design Professional to be properly due until the Contractor is
ninety-five percent (95%) completed with the Work. Thereafter, the accumulated retainage may
be held without additional retainage, except that, should the Contractor at any time fail to keep
current with the approved progress schedule, fail to assure payment to Subcontractors, Sub-
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subcontractors and suppliers as required hereunder; or fail to promptly and diligently correct
Work that does not comply with the Contract Documents, certification of ninety-five percent
(95%) shall automatically again become effective and shall apply as long as the Contractor lags
behind such progress or fails to assure such payment.
Section 9.5 Decisions to Withhold Certification
a. The Design Professional may withhold a Certificate for Payment in whole or in part, to the extent
reasonably necessary to protect the Owner, if in the Design Professional’s opinion the
representations to the Owner required by Section 9.4.b cannot be made. If the Design
Professional is unable to certify payment in the amount of the Application, the Design
Professional will notify the Contractor and Owner as provided in Section 9.4.a. If the Contractor
and Design Professional cannot agree on a revised amount, the Design Professional will promptly
issue a Certificate for Payment for the amount for which the Design Professional is able to make
such representations to the Owner. The Design Professional may also withhold a Certificate for
Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a
Certificate for Payment previously issued, to such extent as may be necessary in the Design
Professional’s opinion to protect the Owner from loss for which the Contractor is responsible,
including loss resulting from acts and omissions described in Section 3.3.b, because of any of the
following:
.1 defective Work not remedied;
.2 third party claims filed or reasonable evidence indicating probable filing
of such claims, unless security acceptable to the Owner is provided by the
Contractor;
.3 failure of the Contractor to make payments properly to Subcontractors,
Sub-subcontractors and suppliers or for labor, materials or equipment;
.4 reasonable evidence that the Work cannot be completed for the unpaid
balance of the Contract Sum;
.5 damage to the Owner or a Separate Contractor;
.6 reasonable evidence that the Work will not be completed within the
Contract Time, and that the unpaid balance would not be adequate to cover actual
or liquidated damages for the anticipated delay;
.7 repeated failure to carry out the Work in accordance with the Contract
Documents;
.8 Contractor’s failure to obtain necessary permits or licenses or to comply
with applicable codes, regulations, or other laws;
.9 failure to fully execute the Contract with all associated documents as
required;
.10 bond claims, or liens, filed for any portion of the Work; or
.11 failure of the Contractor to comply with any provisions of the Contract
Documents, including without limitation Section 8.4.
b. Omitted
c. When the reasons for withholding certification are removed, certification will be made for
amounts previously withheld less all associated damages, costs and expenses, suffered or accrued
by the Owner or Design Professional. In the event the Design Professional nullifies a previously
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issued Project Certificate for Payment, and the Owner has, prior to such nullification, paid
thereon, the Contractor shall promptly reimburse to the Owner amounts the latter had previously
paid pursuant to the nullified project Certificate for Payment. Alternately, the Owner may
withhold payment in any subsequent Application for Payment, until and unless the reasons for
nullification of the previously issued project Certificate for Payment have been remedied and all
associated damages, costs, and expenses of Owner and Design Professional have been paid by the
Contractor.
d. If the Design Professional withholds certification for payment under Section 9.5.a.3, the Owner
may, at its sole option, issue joint checks to the Contractor and to any Subcontractor or supplier to
whom the Contractor failed to make payment for Work properly performed or material or
equipment suitably delivered. If the Owner makes payments by joint check, the Owner shall
notify the Design Professional and the Contractor shall reflect such payment on its next
Application for Payment.
e. The Contractor shall not stop work or terminate the Contract if the Design Professional should
refuse to issue any certificate because the Application for Payment does not conform with the
requirements of Sections 9.3, 9.4, 9.5 or any other portion of these General Conditions, as
supplemented herein.
Section 9.6 Progress Payments
a. After the Design Professional has issued a Certificate for Payment, the Owner shall make
payment in the manner and within the time provided in the Contract Documents, and shall so
notify the Design Professional.
b. The Contractor shall pay each Subcontractor, Sub-subcontractor and supplier, no later than ten
(10) days after receipt of payment from the Owner the amount to which the Subcontractor, Sub-
subcontractor and supplier is entitled, reflecting percentages actually retained from payments to
the Contractor on account of the Subcontractor’s, Sub-subcontractor’s and supplier’s portion of
the Work, unless otherwise allowed by the provisions of the subcontract or by law. The
Contractor shall notify Owner in advance and in writing of any payment(s) to be withheld from
any Subcontractor. The Contractor shall, by appropriate agreement with each Subcontractor, Sub-
subcontractor and supplier, require each to make payments to their Sub-subcontractors and
suppliers in a similar manner.
c. The Design Professional will, on request, furnish to a Subcontractor, if practicable, information
regarding percentages of completion or amounts applied for by the Contractor and action taken
thereon by the Design Professional and Owner on account of portions of the Work done by such
Subcontractor.
d. The Owner has the right to request written evidence from the Contractor that the Contractor has
properly paid Subcontractors and suppliers amounts paid by the Owner to the Contractor for
subcontracted Work. If the Contractor fails to furnish such evidence within seven (7) days, the
Owner shall have the right to contact Subcontractors and suppliers to ascertain whether they have
been properly paid. Neither the Owner nor Design Professional shall have an obligation to pay, or
to see to the payment of money to, a Subcontractor or supplier, except as may otherwise be
required by law.
e. The Contractor’s payments to suppliers shall be treated in a manner similar to that provided in
Sections 9.6.b, 9.6.c and 9.6.d.
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f. A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project
by the Owner shall not constitute acceptance of any Work.
g. The Contractor shall not withhold from any Subcontractor sums due the Subcontractor for
completed Work which has been paid for by the Owner unless allowed by the terms and
conditions of the subcontract as stated in Section 5.3.C of the Agreement or by law. The
Contractor shall notify Owner in advance and in writing of any payment(s) to be withheld from
any Subcontractor. Sums withheld by the Owner from the Contractor for deficiencies solely
attributable to the Contractor shall not be grounds for the Contractor to withhold sums due to any
Subcontractor. All sums paid to the Contractor for labor, materials, or equipment for the Work or
Project shall be considered trust funds to be used by the Contractor for payment to those persons
to the extent providing labor, materials and/or equipment incorporated into the Work or Project.
Payments received by the Contractor for Work properly performed by Subcontractors and
suppliers shall be held by the Contractor for those Subcontractors or suppliers who performed
Work or furnished materials, or both, under contract with the Contractor for which payment was
made by the Owner. However, notwithstanding the above, nothing contained herein shall require
money to be placed in a separate account and not commingled with money of the Contractor,
shall create any fiduciary liability or tort liability on the part of the Contractor for breach of trust
or shall entitle any person or entity to an award of punitive damages against the Contractor for
breach of the requirements of this provision.
h. PROVIDED THE OWNER HAS FULFILLED ITS PAYMENT OBLIGATIONS UNDER
THE CONTRACT DOCUMENTS, THE CONTRACTOR SHALL DEFEND AND
INDEMNIFY THE OWNER FROM ALL LOSS, LIABILITY, DAMAGE OR EXPENSE,
INCLUDING REASONABLE ATTORNEY’S FEES AND LITIGATION EXPENSES,
ARISING OUT OF ANY LIEN CLAIM OR OTHER CLAIM FOR PAYMENT BY ANY
SUBCONTRACTOR OR SUPPLIER OF ANY TIER. UPON RECEIPT OF NOTICE OF
A LIEN CLAIM OR OTHER CLAIM FOR PAYMENT, THE OWNER SHALL NOTIFY
THE CONTRACTOR. IF APPROVED BY THE APPLICABLE COURT, WHEN
REQUIRED, THE CONTRACTOR MAY SUBSTITUTE A SURETY BOND FOR THE
PROPERTY AGAINST WHICH THE LIEN OR OTHER CLAIM FOR PAYMENT HAS
BEEN ASSERTED.
i. To the extent Contractor has received payment in accordance with the terms of this Agreement,
the Contractor agrees to keep the Work and the site of the Project and all project bonds free and
clear of all bond claim and verified claims related to labor and materials furnished in connection
with the Work.
j. If the Owner is entitled to reimbursement or payment from the Contractor under or pursuant to
the Contract Documents, such payment shall be made promptly upon demand by the Owner.
Notwithstanding anything contained in the Contract Documents to the contrary, if the Contractor
fails to promptly make any payment due the Owner, or if the Owner incurs any costs and
expenses to cure any default of the Contractor or to correct defective Work, the Owner shall have
an absolute right to offset such amount against the Contract Sum and may, at the Owner’s sole
discretion, elect either to (i) deduct an amount equal to that which the Owner is entitled from any
payment then or thereafter due the Contractor from the Owner, or (ii) issue a written notice to the
Contractor reducing the Contract Sum by an amount equal to that which the Owner is entitled.
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Section 9.7 Failure of Payment
If the Design Professional does not issue a Certificate for Payment, through no fault of the
Contractor, within seven (7) days after receipt of the Contractor’s Application for Payment, or if the
Owner does not pay the Contractor within the date established in the Contract Documents, the amount
certified by the Design Professional, then the Contractor may, upon seven (7) additional days’ written
notice to the Owner and Design Professional, stop the Work until payment of the amount owing has been
received. The Contract Time shall be extended appropriately and the Contract Sum shall be increased by
the amount of the Contractor’s reasonable costs of shutdown, delay and start-up, plus interest as provided
for in the Contract Documents.
Section 9.8 Substantial Completion
a. “Substantial Completion” is the stage in the progress of the Work when the Work or designated
portion thereof is sufficiently complete in accordance with the Contract Documents so that the
Owner can occupy or utilize the Work for its intended use, all major systems are operational, and
all safety features are completed and Owner’s receipt of written confirmation after final
inspections by the applicable electrical, plumbing, fire department, health department, and other
local and state officials having jurisdiction, stating the project is ready for occupancy by the
Owner. In addition to the other requirements of the Contract Documents, and without limitation,
the Contractor 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 Contractor
shall be deemed to have achieved Substantial Completion.
b. When the Contractor considers that the Work, or a portion thereof which the Owner agrees to
accept separately, is substantially complete, the Contractor shall prepare and submit to the Design
Professional a comprehensive list of items to be completed or corrected prior to final payment.
The Contractor 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 Contractor to complete all
Work in accordance with the Contract Documents. The Contractor will also provide the Design
Professional a comprehensive list of all claims previously and properly made in writing and
identified by the Contractor as unsettled at the time of Substantial Completion.
c. Upon receipt of the Contractor’s list, the Design Professional will make an inspection to
determine whether the Work or designated portion thereof is substantially complete. If the Design
Professional’s inspection discloses any item, whether or not included on the Contractor’s list,
which is not sufficiently complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the Work or designated portion thereof for its intended use, the Contractor
shall, before issuance of the Certificate of Substantial Completion, complete or correct such item
upon notification by the Design Professional. In such case, the Contractor shall then submit a
request for another inspection by the Design Professional to determine Substantial Completion.
d. When the Work or designated portion thereof is substantially complete, the Design Professional
will prepare a Certificate of Substantial Completion that shall establish the date of Substantial
Completion; establish responsibilities of the Owner and Contractor for security, maintenance,
heat, utilities, damage to the Work and insurance; and fix the time within which the Contractor
shall finish all items on the list accompanying the Certificate. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work or designated
portion thereof unless otherwise provided in the Certificate of Substantial Completion.
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e. The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for
their written acceptance of responsibilities assigned to them in the Certificate. Upon such
acceptance, the Owner shall make payment of retainage applying to the Work or designated
portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance
with the requirements of the Contract Documents.
f. The Contractor’s acceptance of payment per Section 9.8.e shall constitute a waiver for all
purposes of all claims or causes of action by the Contractor against the Owner and the Design
Professional, except those previously and properly made in writing and identified in the list
provided by the Contractor as unsettled at the time of Substantial Completion per Sections 9.8.b.
Section 9.9 Partial Occupancy or Use
a. The Owner may occupy or use any completed or partially completed portion of the Work at any
stage when such portion is designated by separate agreement with the Contractor, as such
occupancy or use is consented to by the insurer and required under Section 11.3 provided it is
authorized by public authorities having jurisdiction over the Project. Such partial occupancy or
use may commence whether or not the portion is substantially complete, provided the Owner and
Contractor have accepted in writing the responsibilities assigned to each of them for payments,
retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and
have agreed in writing concerning the period for correction of the Work and commencement of
warranties required by the Contract Documents. When the Contractor considers a portion
substantially complete, the Contractor shall prepare and submit a list to the Design Professional
as provided under Section 9.8.b. Consent of the Contractor to partial occupancy or use shall not
be unreasonably withheld. The stage of the progress of the Work shall be determined by written
agreement between the Owner and Contractor or, if no agreement is reached, by decision of the
Owner.
b. Immediately prior to such partial occupancy or use, the Owner, Contractor, and Design
Professional shall jointly inspect the area to be occupied or portion of the Work to be used in
order to determine and record the condition of the Work.
c. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall
not constitute acceptance of Work not complying with the requirements of the Contract
Documents.
Section 9.10 Final Completion and Final Payment
a. Upon receipt of the Contractor’s written notice that the Work is ready for final inspection and
acceptance and upon receipt of a final Application for Payment, the Design Professional will
promptly make such inspection. When the Design Professional finds the Work acceptable under
the Contract Documents and the Contract fully performed, the Design Professional will promptly
issue a final Certificate for Payment stating that the Work has been completed in accordance with
the Contract Documents and that the entire balance found to be due the Contractor and noted in
the final Certificate is due and payable. The Design Professional’s final Certificate for Payment
will constitute a further representation that conditions listed in Section 9.10.b as precedent to the
Contractor’s being entitled to final payment have been fulfilled. All warranties and guarantees
required under Section 3.5 or otherwise required pursuant to the Contract Documents shall be
assembled and delivered by the Contractor to the Design Professional as part of the final
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Application for Payment. The final Certificate for Payment will not be issued by the Design
Professional until all warranties and guarantees have been received and accepted by the Owner.
“Final Completion” occurs when all the conditions of this Section and the Contract Documents
are met as set forth herein.
b. Neither final payment nor any remaining retained percentage shall become due until the
Contractor submits to the Design Professional and Owner; (1) an affidavit that payrolls, bills for
materials and equipment, and other indebtedness connected with the Work for which the Owner
or Owner’s property might be responsible or encumbered (less amounts withheld by the Owner)
have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the
Contract Documents to remain in full force after final payment is currently in effect; (3) a written
statement satisfactory to the Owner that the insurance will cover the period required by the
Contract Documents; (4) consent of surety to final payment; (5) if required by the Owner, other
data establishing payment or satisfaction of obligations, such as receipts and releases and waivers
of liens, claims, security interests, or encumbrances arising out of the Contract for Construction,
to the extent and in such form as may be designated by the Owner and Owner’s lender; (6)
certification by the Contractor that (i) all Work has been completed in accordance with the
Contract Documents, (ii) the final Application for Payment includes all claims of the Contractor
against the Owner arising in connection with the Project and constitutes a waiver and release of
any and all claims not presented in that application except for claims arising out of third party
actions, cross-claims and counterclaims, and (iii) the Record Drawings maintained by the
Contractor pursuant to the Contract Documents and delivered to the Owner or Design
Professional are complete and accurate in all respects; and (7)evidence of compliance with all
requirements of the Contract Documents, such as notices, certificates, affidavits, or other
requirements to complete obligations under the Contract Documents, including, but not limited
to, (i) instruction of the Owner’s representatives in the operation of mechanical, electrical,
plumbing, and other systems; (ii) delivery of keys to the Owner with keying schedule (master,
submaster, and special keys); (iii) delivery to the Owner of the Contractor’s warranties as set
forth in the Contract Documents and each written warranty and assignment thereof prepared in
duplicate, certificates of inspections, and bonds for the Design Professional’s review and delivery
to the Owner; (iv) delivery to the Owner of printed operating, servicing, maintenance and
cleaning instructions for all Work (parts lists and special tools for mechanical and electrical work)
in approved form; (v) delivery to the Owner of the Record Drawings; (vi) delivery to the Owner
of a Final Waiver and Release of Liens covering all Work for itself and for each Subcontractor,
vendor, and material supplier who furnished labor, materials, and services to the Work, executed
by an authorized officer and duly notarized; (vii) delivery to the Owner of final waivers of lien
from each subcontractor and material supplier who furnished labor, materials, and services to the
Work, executed by their respective officers and duly notarized; and (viii) delivery of sales and use
tax certificate number of the Contractor. In addition to the foregoing, all other submissions
required by other Articles and Paragraphs of the Specifications and other Contract Documents
shall be submitted to the Owner before approval of final payment. If a Subcontractor refuses to
furnish a release or waiver required by the Owner and Owner’s lender (if any), the Contractor
may furnish a bond satisfactory to the Owner and Owner’s lender (if any) to indemnify the Owner
against such lien, claim, security interest, or encumbrance. If a lien, claim, security interest, or
encumbrance remains unsatisfied after payments are made, the Contractor shall refund to the
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Owner all money that the Owner may be compelled to pay in discharging the lien, claim, security
interest, or encumbrance, including all costs and attorneys’ fees.
i. In addition to items listed in 9.10.b to be submitted before Final Payment will be made or
remaining retainage released, Contractor shall deliver a permanent certificate of
occupancy from local authorities having jurisdiction.
c. If, after Substantial Completion of the Work, final completion thereof is materially delayed
through no fault of the Contractor or by issuance of Change Orders affecting final completion,
and the Design Professional so confirms, the Owner shall, upon application by the Contractor and
certification by the Design Professional, and without terminating the Contract, make payment of
the balance due for that portion of the Work fully completed, corrected, and accepted. If the
remaining balance for Work not fully completed or corrected is less than retainage stipulated in
the Contract Documents, and if bonds have been furnished, the written consent of the surety to
payment of the balance due for that portion of the Work fully completed and accepted shall be
submitted by the Contractor to the Design Professional prior to certification of such payment.
Such payment shall be made under terms and conditions governing final payment, except that it
shall not constitute a waiver of Claims.
d. The making of final payment shall constitute a waiver of Claims by the Owner except those
arising from
.1 bond claims, Claims, liquidated damages, security interests, or
encumbrances arising out of the Contract and unsettled;
.2 failure of the Work to comply with the requirements of the Contract
Documents;
.3 terms of special warranties required by the Contract Documents;
.4 audits performed by the Owner, if permitted by the Contract Documents,
after final payment; or
.5 gross negligence, willful misconduct, or fraudulent concealment in
connection with the performance of the Contract.
e. Application for and acceptance of final payment by the Contractor, a Subcontractor, or a supplier,
shall constitute a waiver of claims by that payee against the Owner or Design Professional except
those previously made in writing and identified by that payee arising after the waiver given at
Substantial Completion payment described in Sections 9.8.b and 9.8.f.
f. In addition to any other damages, failure of the Contractor to achieve final completion within
sixty (60) days after the specified date of Substantial Completion, subject to authorized
extensions, will result in the Contractor being responsible for excess Design Professional’s and
other Owner’s consultant(s)’ fees beyond their original scope of services required to achieve final
completion (“Excess Fees”). Excess Fees will be deducted from the amount due the Contractor.
Article 10. PROTECTION OF PERSONS AND PROPERTY
Section 10.1 Safety Precautions and Programs
The Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the performance of the Contract. Contractor’s and all
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Subcontractors' Safety Programs shall comply with all applicable requirements of the Occupational Safety
and Health Act of 1970, and all other applicable state, local, or federal laws or regulations.
Section 10.2 Safety of Persons and Property
a. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable
protection to prevent damage, injury, or loss to all of the following:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein,
whether in storage on or off the site, under care, custody, or control of the
Contractor, a Subcontractor, or a Sub-subcontractor; and
.3 other property at the site or adjacent thereto, such as trees, shrubs, lawns,
walks, pavements, roadways, structures, and utilities not designated for removal,
relocation, or replacement in the course of construction.
b. The Contractor shall comply with, and give notices required by applicable laws, statutes,
ordinances, codes, rules and regulations, and lawful orders of public authorities, bearing on safety
of persons or property or their protection from damage, injury, or loss.
c. The Contractor shall implement, erect, and maintain, as required by existing conditions and
performance of the Contract, reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards; promulgating safety regulations; and notifying
the owners and users of adjacent sites and utilities of the safeguards. The Contractor shall also be
responsible, at the Contractor’s sole cost and expense, for all measures necessary to protect any
property adjacent to the Project and improvements therein. Any damage to such property or
improvements shall be promptly repaired by the Contractor.
d. When use or storage of explosives or other hazardous materials or equipment, or unusual methods
are necessary for execution of the Work, the Contractor shall exercise utmost care and carry on
such activities under supervision of properly qualified personnel, and the Contractor shall give the
Owner and the Design Professional reasonable advance written notice of such planned activities.
e. The Contractor shall promptly remedy damage and loss (other than damage or loss insured under
property insurance required by the Contract Documents) to property referred to in Sections
10.2.a.2 and 10.2.a.3 caused in whole or in part by the Contractor, a Subcontractor, a Sub-
subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose
acts they may be liable and for which the Contractor is responsible under Sections 10.2.a.2 and
10.2.a.3. The Contractor may make a Claim for the cost to remedy the damage or loss to the
extent such damage or loss is attributable to acts or omissions of the Owner or Design
Professional or anyone directly or indirectly employed by either of them, or by anyone for whose
acts either of them may be liable, and not attributable to the fault or negligence of the Contractor.
The foregoing obligations of the Contractor are in addition to the Contractor’s obligations under
Section 3.18.
f. The Contractor shall designate a responsible member of the Contractor’s organization at the site
whose duty shall be the prevention of accidents. This person shall be the Contractor’s
superintendent unless otherwise designated by the Contractor in writing to the Owner and Design
Professional.
g. The Contractor shall not permit any part of the construction or site to be loaded so as to cause
damage or create an unsafe condition.
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h. Injury or Damage to Person or Property
If either party suffers injury or damage to person or property because of an act or omission of the
other party, or of others for whose acts such party is legally responsible, written notice of the
injury or damage, whether or not insured, shall be given to the other party within a reasonable
time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the
other party to investigate the matter.
i. The Contractor shall immediately report in writing to the Owner and Design Professional all
accidents arising out of or in connection with the Work that cause death, personal injury, or
property damage, giving full details and statements of any witnesses. In addition, if death, serious
personal injuries, or serious damages are caused, the accident shall be reported immediately
electronically, as well as by telephone or messenger to the Owner and the Design Professional.
Section 10.3 Hazardous Materials and Substances
a. Hazardous materials include 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. The Contractor is responsible for compliance with any
requirements included in the Contract Documents regarding hazardous materials or substances. If
the Contractor 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 or
polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall,
upon recognizing the condition, immediately stop Work in the affected area and notify the Owner
and Design Professional of the condition in writing.
.1 For the purposes of this section, the following terms have the below meanings
(however, each definition should be read as broadly as possible to incorporate similar
hazardous materials or substances:
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.
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.
Hazardous Waste: any solid waste listed as hazardous or which possesses one or
more hazardous characteristics.
b. Upon receipt of the Contractor’s written notice, the Owner shall obtain the services of a licensed
laboratory to verify the presence or absence of the material or substance reported by the
Contractor and, in the event such material or substance is found to be present, to cause it to be
rendered harmless. Unless otherwise required by the Contract Documents, the Owner shall
furnish in writing to the Contractor and Design Professional the names and qualifications of
persons or entities who are to perform tests verifying the presence or absence of the material or
substance or who are to perform the task of removal or safe containment of the material or
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substance. The Contractor and the Design Professional will promptly reply to the Owner in
writing stating whether or not either has reasonable objection to the persons or entities proposed
by the Owner. If either the Contractor or Design Professional has an objection to a person or
entity proposed by the Owner, the Owner shall propose another to whom the Contractor and the
Design Professional have no reasonable objection. When the material or substance has been
rendered harmless, Work in the affected area shall resume upon written agreement of the Owner
and Contractor. By Change Order duly processed and approved, the Contract Time shall be
extended appropriately, and the Contract Sum shall be increased by the amount of the
Contractor’s reasonable additional costs of shutdown, delay, and start-up, both as specified in
Article 7. The term “rendered harmless” shall be interpreted to mean, without limitation that
levels of hazardous materials, including, but not limited to, asbestos and polychlorinated
biphenyls, are less than any applicable exposure standards set forth in OSHA regulations. In no
event, however, shall the Owner have any responsibility for any substance or material that is
brought to the Project site by the Contractor, any Subcontractor, any material supplier, or any
entity for whom any of them is responsible. The Contractor agrees not to use any fill or other
materials to be incorporated into the Work that are hazardous, toxic, or made up of any items that
are hazardous or toxic.
c. Omitted.
d. The Owner shall not be responsible under this Section 10.3 for hazardous materials or substances
the Contractor brings to the site unless such materials or substances are required by the Contract
Documents. The Owner shall be responsible for hazardous materials or substances required by the
Contract Documents, except to the extent of the Contractor’s fault or negligence in the use and
handling of such materials or substances.
e. Omitted.
f. THE CONTRACTOR SHALL INDEMNIFY THE OWNER FOR THE COST AND
EXPENSE THE OWNER INCURS (1) FOR REMEDIATION OF A MATERIAL OR
SUBSTANCE THE CONTRACTOR BRINGS TO THE SITE AND NEGLIGENTLY
HANDLES, OR (2) WHERE THE CONTRACTOR FAILS TO PERFORM ITS
OBLIGATIONS UNDER SECTION 10.3.a, EXCEPT TO THE EXTENT THAT THE
COST AND EXPENSE ARE DUE TO THE OWNER’S FAULT OR NEGLIGENCE.
Section 10.4 Emergencies
In an emergency affecting safety of persons or property, the Contractor shall act, at the
Contractor’s discretion, to prevent threatened damage, injury, or loss. Additional compensation or
extension of time claimed by the Contractor on account of an emergency shall be determined as provided
in Article 15 and Article 7.
Section 10.5 Site Visits
Anyone other than the Owner’s designated representatives, the Design Professional, the Design
Professional’s consultants, and the Owner’s other consultants visiting the job site who is not employed by
a Contractor shall be required to register with the Contractor’s site office before proceeding onto the job
site.
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Article 11. INSURANCE AND BONDS
Section 11.1 Contractor’s Liability Insurance
a. The Contractor shall purchase and maintain in a company or companies lawfully authorized to do
business in Texas and as further qualified in Paragraph 11.6, such insurance as will protect the
Contractor and the Indemnitees from claims set forth below which may arise out of or result from
the Contractor’s operations and completed operations under the Contract and for which the
Contractor may be legally liable, whether such operations be by the Contractor or by a
Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable:
.1 Claims under workers’ compensation, disability benefit and other similar
employee benefit acts which are applicable to the Work to be performed;
including private entities performing Work at the site and exempt from the
coverage on account of number of employees or occupation, which entities shall
maintain voluntary compensation coverage at the same limits specified for
mandatory coverage for the duration of the Project;
.2 Claims for damages because of bodily injury, occupational sickness or
disease, or death of the Contractor’s employees; or persons or entities exempt by
statute from the requirements of Section 11.1.a.1, but required by the Contract
Documents to provide the insurance required by that Section;
.3 Claims for damages because of bodily injury, sickness or disease, or
death of any person other than the Contractor’s employees;
.4 Claims for damages insured by usual personal injury liability coverage;
.5 Claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting therefrom;
.6 Claims for damages because of bodily injury, death of a person or
property damage arising out of ownership, maintenance or use of a motor
vehicle, including pollution clean-up if hauling hazardous materials; and
.7 Claims for bodily injury or property damage arising out of completed
operations, which coverage shall be maintained for no less than ten (10) years
following final payment.
.8 Claims for damages to the Work, and/or materials and equipment
used/stored at the Work, as may be covered under any Builder’s Risk insurance
policy.
b. The Contractor’s Commercial General Liability Insurance should be written on ISO Form CG 00
01 10 01 or its equivalent and provide the following:
.1 Premises/operations (Including X-C-U coverages);
.2 Independent contractors;
.3 Products and completed operations with a per project aggregate limit,
which coverage shall be maintained for a period of ten (10) years from the date
of the Final Payment;
.4 Personal injury (libel, slander, false arrest) liability with employment
exclusion deleted;
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.5 Blanket Contractual, including, but not limited to, a specified provision
for the Contractor’s obligations under Section 3.18 of the Contract Documents;
.6 Broad form property damage including, but not limited to, completed
operations;
.7 Primary and Non-Contributory endorsement in favor of Indemnitees; and
.8 Contain a Waiver of Subrogation in favor of Indemnitees.
c. Professional Errors and Omissions Liability Insurance is required for all licensed and certified
professionals, including, but not limited to, contractors, engineers, Design Professionals, design-
build and design professionals as follows:
.1 The retroactive date preceding the date of the contract; and
.2 An extended reporting period of three (3) years past substantial
completion.
d. Notice of Cancellation or Expiration of Contractor’s Required Insurance. Within three (3)
business days of the date the Contractor becomes aware of an impending or actual cancellation or
expiration of any insurance required by the Contract Documents, the Contractor shall provide
notice to the Owner of such impending or actual cancellation or expiration. Upon receipt of notice
from the Contractor, the Owner shall, unless the lapse in coverage arises from an act or omission
of the Owner, have the right to stop the Work until the lapse in coverage has been cured by the
procurement of replacement coverage by the Contractor. The furnishing of notice by the
Contractor shall not relieve the Contractor of any contractual obligation to provide any required
coverage.
e. The Contractor shall, for the protection and benefit of the Indemnitees and the Contractor and as
part of the Contractor’s efforts to satisfy the obligations set forth in this Article 11, procure, pay
for, and maintain in full force and effect, at all times during the performance of the Work until
final acceptance of the Work; and for such duration as required in the Contract Documents;
policies of insurance issued by a responsible carriers acceptable to the Owner, and in form and
substance satisfactory to the Owner, that afford the coverages set forth in the Schedule of
Insurance, attached to the Contract and made a part of it as Exhibit “YX” – Contractor’s
Insurance Certificate(s). All such insurance shall be written on an occurrence basis, with the sole
exception of Professional Errors and Omissions Liability Insurance. In the event professional
liability coverage is not available on “an occurrence” basis, a “claims made” basis policy with
effective and retroactive dates prior to the effective date of the Contract Documents and an
extended reporting period of at least three (3) years beyond Substantial Completion or as
otherwise required by the Contract Documents, whichever is greater, may be substituted with the
written consent and approval of the Owner and Design Professional. The Contractor’s completed
operations coverage shall be maintained until the expiration of the period for correction of Work
or for such other period for maintenance of completed operations coverage as specified in the
Contract Documents.
f. The Contractor agrees to deliver to the Design Professional, for transmittal to the Owner with a
copy to the Design Professional within ten (10) days of the date of the Owner-Contractor
Agreement and prior to bringing any equipment or personnel onto the site of the Work or the
Project site, and thereafter upon renewal or replacement of each required policy of insurance,
certified copies of all required insurance policies procured by the Contractor under or pursuant to
this Article 11 or, with the written consent of the Owner and Design Professional, Certificates of
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Insurance in form and substance satisfactory to the Owner and Design Professional evidencing
the required coverages with limits not less than those specified in Section 11.1.k below and all
endorsements as required in Article 11 herein. The coverage afforded under any insurance policy
obtained under or pursuant to this Section 11.1 shall be primary to any valid and collectible
insurance carried separately by any of the Indemnitees. Furthermore, all policies and Certificates
of Insurance shall expressly provide that no less than thirty (30) days prior written notice (ten (10)
days for non-payment of premium) shall be given the Design Professional and Owner in the event
of material alteration, cancellation, nonrenewal or expiration of the coverage contained in such
policy or evidenced by such certified copy or Certificate of Insurance. An additional certificate
evidencing continuation of liability coverage, including coverage for completed operations, shall
be submitted with the final Application for Payment as required by Section 9.10.b and thereafter
upon renewal or replacement of such coverage until the expiration of the time required by Section
11.1.e. Information concerning reduction of coverage shall be furnished by the Contractor with
reasonable promptness.
g. Certificates of Insurance with the following or similar wording are not acceptable: “Failure to
notify the certificate holder shall impose no obligation or liability of any kind upon the insurer, its
agents or representatives.”
h. In no event shall any failure of the Design Professional to receive certified copies or certificates
of policies required under Paragraph 11.1.f or to demand receipt of such certified copies or
certificates prior to the Contractor’s commencing the Work be construed as a waiver by the
Owner of the Contractor’s obligations to obtain insurance pursuant to this Article 11.
i. When any required insurance, due to the attainment of normal expiration date or renewal date,
shall expire, the Contractor shall furnish to the Design Professional Certificates of Insurance and
amendatory riders or endorsements that clearly evidence the continuation of all coverage in the
same manner, limits of protection, and scope of coverage as was provided by the previous policy
forty-five (45) days prior to renewal date. In the event any renewal or replacement policy, for
whatever reason obtained or required, is written by a carrier other than that with whom the
coverage was previously placed, or the subsequent policy differ in any way from the previous
policy, the Contractor shall also furnish the Design Professional with a certified copy of the
renewal or replacement policy unless the Owner provide the Contractor with prior written consent
to submit only a Certificate of Insurance for any such policy. All renewal and replacement
policies shall be in form and substance satisfactory to the Owner and Design Professional and
written by carriers acceptable to the Owner and Design Professional.
j. Any Aggregate limit under the Contractor’s liability insurance, shall by endorsement, apply to
this Project separately.
k. The Contractor shall notify the Owner and Design Professional in writing of any reduction in
collectible limits (aggregate limits) by an amount in excess of Fifty Thousand Dollars ($50,000),
and the Contractor shall promptly procure, at no expense to the Owner, such additional coverage
as necessary to restore the valid and collectible limits of such insurance to that required under the
Contract Documents.
l. The Contractor shall cause each Subcontractor to procure insurance congruent with the
Contractor’s insurance requirements as specified in the Contract Documents and satisfactory to
the Owner and Design Professional and name each of the Indemnitees as additional insureds
under the Subcontractor’s commercial general liability, automobile and umbrella excess liability
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policies. The additional insured endorsement included on the Subcontractor’s commercial general
liability policy shall state that coverage is afforded the additional insureds with respect to claims
arising out of all on-going and completed operations performed by or on behalf of the Contractor.
Each policy shall contain a Waiver of Subrogation in favor of the Indemnities, provide for forty-
five (45) day notice of cancellation or non-renewal, and be primary without contribution if the
additional insureds have other insurance that is applicable to the loss. If the additional insureds
have other insurance that is applicable to the loss, such other insurance shall be on an excess or
contingent basis. The amount of the insurer’s liability under this insurance policy shall not be
reduced by the existence of such other insurance.
m. The Indemnitees shall also be shown as “Additional Insureds” on the property, commercial
general liability, automobile liability and umbrella (excess) liability policies and evidence of
same must be included in Certificates of Insurance. Copies of policy endorsements must be
provided listing the Indemnities as Additional Insureds, using ISO forms CG2010, CG2037,
CA0070, CA0032 or their equivalents, and approved as to form by Owner.
n. A “waiver of subrogation” clause in favor of the Owner will be attached to the workers
compensation, commercial general liability, umbrella (excess) liability, automobile and the any
applicable property insurance policies and evidence of same must be included in Certificates of
Insurance. Copies of policy endorsements must be provided showing waivers of subrogation in
favor of the Indemnities using ISO forms CG2404, CA0070, CA0032, WC0003 or their
equivalents, and approved as to form by Owner.
o. The Owner reserves the right to review the insurance requirements during the effective period of
its Agreement with the Contractor, and provide a written request for the Contractor to make any
reasonable and commercially available adjustments to insurance coverages and\or limits when
deemed reasonably prudent by the Owner based upon its unilateral interpretation of changes in
statutory law, court decisions or the Owner’s potential increase in exposure to loss.
p. Neither Contractor, Subcontractor, Sub-subcontractor, nor any of their insurance carrier’s liability
obligations shall be limited to the minimum limits of coverage of insurance maintained or
required to be maintained by the Contract Documents.
Section 11.2 Owner’s Liability Insurance
a. The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability
insurance.
Section 11.3 Property Insurance
a. The Contractor shall purchase and maintain “builder’s risk” property insurance, or comparable
coverage, for the full replacement cost value thereof, for (i) the Work that is to be done, (ii) all
insurable items of Work, title to which has been acquired by Owner in accordance with the
Contract Documents and (iii) all materials to be incorporated in the Work, if such materials are in
or upon the Premises, or in transit to Premises, whether or not title has been acquired by Owner.
Such insurance shall not cover any property owned, leased, or otherwise used in connection with
the Work by Contractor, Contractor’s subcontractors or the agents or employees of them, that is
not forming a permanent part of the Project. This insurance shall include the interests of Owner,
Contractor, and Subcontractors and shall provide coverage against loss for “direct physical
damage” (previously known as “all risk” coverage) including, but not limited to, without
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duplication of coverage, fire, extended coverage, vandalism and malicious mischief, theft,
collapse, earthquake, flood, sprinkler leakage, windstorm, testing and startup, temporary
buildings and debris removal including demolition and increased cost of construction occasioned
by enforcement of any applicable legal requirements.
b. Any coverage related to the builder’s risk property insurance maintained by Contractor for time
including delay in opening and/or extra expenses shall inure to the benefit of Owner only. Owner
shall be the only party insured under such policy, with the sole exception that the Contractor may
be entitled to payment of its fee and general conditions associated with the reconstruction, less
any deductible.
c. The Contractor’s insurance shall cover against loss for “direct physical damage” (previously
known as “all risk” coverage) with sufficient limits to protect the full replacement cost value of
the Work.
d. If by the terms of the property insurance there is a deductible amount, in the event of a loss
covered by such insurance, Contractor shall be responsible for all deductibles per occurrence
which shall be considered a Cost of the Work for all insurable items of Work and materials to be
incorporated in the Work, title to which has not been acquired by Owner in accordance with the
Contract Documents. Except for Contractor’s deductible risk, Owner is bearing all risk of loss to
the Property for which Owner, Contractor, and others have an insurable or financial interest
during construction, and, in the event of a loss to the property during construction, Owner agrees
to rely solely to the proceeds of the Builder’s Risk Insurance which Owner Contractor has agreed
to furnish.
e. To the extent permitted by law, Owner and Contractor waive all rights against (1) each other and
any of their subcontractors, sub-subcontractors, agents, and employees, each of the other, and (2)
Owner’s Separate Contractors, if any, and any of their subcontractors, sub-subcontractors, agents,
and employees, for damages caused by fire or other causes of loss to the extent covered by
property insurance obtained pursuant to this Section or other property insurance applicable to the
Work. Owner or Contractor, as appropriate, shall require of Owner’s Separate Contractors, if
any, and the subcontractors, sub-subcontractors, agents, and employees of any of them, by written
appropriate agreement, similar waivers each in favor of other parties enumerated herein.
f. To the degree allowed by the insurer, Owner and Contractor shall each have its policies endorsed
to provide for a waiver of the right of subrogation against the other respective party.
g. Any loss insured pursuant to this Section 11.3 Property Insurance is to be adjusted by Owner and
made payable to Owner as trustee for the insureds, as their interests may appear, subject to the
requirements of any applicable mortgagee clause. Contractor shall pay each Subcontractor a just
share of any insurance monies received by Contractor, and by appropriate written agreement,
shall require each Subcontractor to make payments to its Sub-subcontractors in similar manner.
h. Upon request, Owner shall make available for inspection by Contractor a copy of all policies to
be furnished by Owner.
Section 11.4 Performance, Maintenance, and Payment Bond
a. The Contractor must furnish bonds covering faithful performance of the Contract and payment of
obligations arising thereunder as stipulated in bidding requirements or specifically required in the
Contract Documents on the date of execution of the Contract. Such bonds shall be issued in an
amount equal to the total Contract Sum by a surety company licensed in the state where the
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Project is located, with a current A.M. Best rating of at least A- X, included on the U.S. Treasury
Department’s listing of approved sureties, and acceptable to the Owner and Design Professional,
or as expressly agreed otherwise by the Owner and Design Professional in writing.
.1 Except as otherwise required by statute, the form and substance of such
bonds shall be satisfactory to the Owner in the Owner's sole judgment and shall
satisfy the requirements Texas Government Code Chapters 2253 and 2269.
.2 The Performance Bond, Maintenance Bond, and the Labor and Material
Payment Bond shall each be in an amount equal to the Contract Sum and all
subsequent increases.
.3 Every Bond under this Section 11.4.a must display the Surety's Bond
Number and a rider including the following provisions, which shall be attached
to each Bond:
a) The Surety hereby agrees that it consents to and waives notice of any
addition, alteration, omission, change, or other modification of the
Contract Documents;
b) Any addition, alteration, change, extension of time, or other modification
of the Contract Documents, or a forbearance on the part of either the
Owner or the Contractor to the other, shall not release the Surety of its
obligations hereunder, and notice to the Surety of such matters is hereby
waived; and
c) The Surety agrees that it is obligated under the bonds to any successor,
grantee, or assignee of the Owner.
b. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering
payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of
the bonds or shall authorize a copy to be furnished.
c. The Bond Form shall be in a form provided by the Owner.
d. Additional Performance, Maintenance, and Payment Bonds may be recommended by the Design
Professional and required by the Owner, at the Owner’s sole discretion, from any Subcontractor.
The Owner will pay such actual, additional expenditures as Cost of the Work using the process
specified in Article 7 for Changes in the Work. All such bonds shall be in form and substance
satisfactory to the Owner and Design Professional.
e. The Contractor shall deliver the required bonds to the Owner no later than three (3) business days
following the date of the Agreement is entered into, or if the Work is to be commenced prior to
the date the Agreement is entered into, in response to a notification of award. The Contractor
shall, prior to the commencement of the Work, submit evidence satisfactory to the Owner that
such bonds will be furnished.
f. The Contractor shall require the attorney-in-fact who executes the required bond on behalf of the
surety to affix thereto a certified and current copy of the power of attorney.
Section11.5 Adjustment and Settlement of Insured Loss
a. 11.5.1 Omitted.
b. Prior to settlement of an insured loss, the Owner shall notify the Contractor of the terms of the
proposed settlement as well as the proposed allocation of the insurance proceeds. The Contractor
shall have fourteen (14) days from receipt of notice to object to the proposed settlement or
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allocation of the proceeds. If the Contractor does not object, the Owner shall settle the loss and
the Contractor shall be bound by the settlement and allocation. Upon receipt, the Owner shall
deposit the insurance proceeds in a separate account and make the appropriate distributions.
Thereafter, if no other agreement is made or the Owner does not terminate the Contract for
convenience, the Owner and Contractor shall execute a Change Order for reconstruction of the
damaged or destroyed Work in the amount allocated for that purpose. If the Contractor timely
objects to either the terms of the proposed settlement or the allocation of the proceeds, the Owner
may proceed to settle the insured loss, and any dispute between the Owner and Contractor arising
out of the settlement or allocation of the proceeds shall be resolved pursuant to Article 15.
Pending resolution of any dispute, the Owner may issue a Construction Change Directive for the
reconstruction of the damaged or destroyed Work.
Section 11.6 Insurance Companies
All insurance coverage procured by the Contractor shall be provided by insurance companies
having current policyholder ratings no lower than “A- X” by A.M. Best and acceptable by the Owner and
Design Professional, or as expressly agreed otherwise by the Owner, Contractor and Owner in writing.
Such companies must be licensed to do business in the State of Texas.
Section 11.7 Failure to Purchase Insurance
If one or more of the Indemnitees, or the Contractor is damaged by the failure of either the Owner
or the Contractor to purchase or maintain the insurance required under this Article 11, then the party who
failed to purchase or maintain the insurance shall bear all reasonable costs (including attorneys’ fees and
court and settlement expenses) properly attributable to the failure.
Section 11.8 Insurance Limits Required
The following insurance limits are the minimums to be carried by the Design Professional, the
Design Professional’s consultants, the Owner’s other consultants, the Contractor, and the Subcontractors,
Sub-subcontractors, and suppliers, unless higher limits are required by their respective Agreements or
Texas law (in which case those limits shall control):
.1 Automobile Liability
$1,000,000 Combined Single Limit
.2 Commercial General Liability
$1,000,000 Aggregate, Per Occurrence and Personal Injury
$2,000,000 General Aggregate
$2,000,000 Products/Completed Operations Aggregate
$1,000,000 Personal and Advertising Injury
$500,000 Fire Damage
$5,000 Medical Payments
.3 Worker’s Compensation
Statutory Limits
$1,000,000 Employers Liability
.4 Umbrella or Excess Liability
$10,000,000 Per Occurrence
.5 Contractor’s Environmental Impairment/Pollution coverage
$1,000,000 Occurrence or Claim
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$2,000,000 Policy Aggregate
.6 Builder’s Risk (where applicable)
100% of the total value of the work
a. Limits for primary policies may differ from those shown when Umbrella or Excess
Liability insurance is provided, as long as all coverage is equal to or greater than the
minimum limits required herein.
Article 12. UNCOVERING AND CORRECTION OF WORK
Section 12.1 Uncovering of Work
a. If a portion of the Work is covered contrary to the Design Professional’s request or to
requirements specifically expressed in the Contract Documents, it must, if requested in writing by
the Design Professional, be uncovered for the Design Professional’s examination and be replaced
at the Contractor’s expense without change in the Contract Time.
b. If a portion of the Work has been covered that the Design Professional has not specifically
requested to examine prior to its being covered, the Design Professional may request to see such
Work and it shall be uncovered by the Contractor. If such Work is in accordance with the
Contract Documents, the Contractor shall be entitled to an equitable adjustment to the Contract
Sum and Contract Time as may be appropriate. If such Work is not in accordance with the
Contract Documents, the costs of uncovering the Work, and the cost of correction, shall be at the
Contractor’s expense.
Section 12.2 Correction of Work
a. Before Substantial Completion
The Contractor shall promptly correct Work rejected by the Design Professional or failing to
conform to the requirements of the Contract Documents, discovered before Substantial
Completion and whether or not fabricated, installed or completed. Costs of correcting such
rejected Work, specifically including but not limited to additional testing and inspections, the cost
of uncovering and replacement; the cost of any additional supervision, material, labor, equipment,
rental charges, home office overhead, and other expenditures necessitated to both rectify the non-
complying conditions, protect adjacent Work of both the Contractor and the Project, and restore
Work by the Contractor and others necessarily damaged in the course of rectifying the non-
complying conditions; as well as compensation for the Design Professional’s services and
expenses made necessary thereby, shall be at the Contractor’s expense.
i. If prior to the date of Substantial Completion the Contractor, a Subcontractor, or anyone
for whom either is responsible uses or damages any portion of the Work, including,
without limitation, mechanical, electrical, plumbing, and other building systems,
machinery, equipment, or other mechanical device, the Contractor shall cause such item
to be restored to “like new” condition at no expense to the Owner. In addition, the
Contractor shall promptly remedy damage and loss arising in conjunction with the Project
caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor,
supplier, or anyone directly or indirectly employed by any of them, or anyone for whose
acts they may be liable or for which the Contractor is otherwise responsible.
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b. After Substantial Completion
i. In addition to the Contractor’s obligations under Section 3.5, if, within two years after the
date of Substantial Completion of the Work or designated portion thereof or after the date
for commencement of warranties established under Section 9.9.a, or by terms of any
applicable special warranty required by the Contract Documents, or within such longer
period of time as may be prescribed by law, any of the Work is found to be not in
accordance with the requirements of the Contract Documents, the Contractor shall correct
it promptly after receipt of notice from the Owner to do so, unless the Owner has
previously given the Contractor a written acceptance of such condition. The Owner shall
give such notice promptly after discovery of the condition. If the condition is reasonably
discoverable, during the two-year period for correction of Work, and the Owner fails to
notify the Contractor and give the Contractor an opportunity to make the correction, the
Owner waives the rights to require correction by the Contractor and to make a claim for
breach of warranty. If the Contractor fails to correct nonconforming Work within a
reasonable time during that period after receipt of notice from the Owner or Design
Professional, the Owner may correct it in accordance with Section 2.5, and charge the
reasonable costs to the Contractor.
ii. The two-year period for correction of Work shall also be extended by the period of time
between Substantial Completion and the actual completion of the corrective Work
performed by the Contractor pursuant to this Section 12.2, but only with respect to the
corrected portions of the Work.
iii. Omitted.
c. Omitted.
d. The Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner
or Separate Contractors, whether completed or partially completed, caused by the Contractor’s
correction or removal of Work that is not in accordance with the requirements of the Contract
Documents. These costs specifically include, but are not limited to such additional supervision,
material, labor, equipment rental charges, home office overhead, and other expenditures
necessitated to rectify the non-complying conditions, protect adjacent Work, and restore Work by
the Contractor and others necessarily damaged in the course of rectifying the non-complying
conditions.
e. Nothing contained in this Section 12.2 shall be construed to establish a period of limitation with
respect to other obligations the Contractor has under the Contract Documents. Establishment of
the one-year period for correction of Work as described in Section 12.2.b relates only to the
specific obligation of the Contractor to correct the Work, and has no relationship to the time
within which the obligation to comply with the Contract Documents may be sought to be
enforced, nor to the time within which proceedings may be commenced to establish the
Contractor’s liability with respect to the Contractor’s obligations other than specifically to correct
the Work.
f. The Contractor’s obligations under this Section 12.2 shall, without limitation, survive acceptance
of the Work under the Contract and termination of the Contract.
Section 12.3 Acceptance of Nonconforming Work
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If the Owner prefers to accept Work that is not in accordance with the requirements of the
Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case
the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether
or not final payment has been made. In the event final payment has been made by the Owner subsequent
to accepting such non-conforming Work, the Contractor shall pay the Owner for the reduction in the
Contact Sum occasioned by such acceptance.
Article 13. MISCELLANEOUS PROVISIONS
Section 13.1 Governing Law
The Contract shall be governed by the laws of the state of Texas. Venue on any dispute arising
out of this Contract shall be in Denton County, Texas, which is the place where the Project is located and
where performance is primarily to occur.
Section 13.2 Successors and Assigns
a. The Owner and Contractor respectively bind themselves, their partners, successors, assigns, and
legal representatives to the covenants, agreements, and obligations contained in the Contract
Documents. Except as provided in Section 13.2.b, neither party to the Contract shall assign the
Contract, or any rights under the contract, in whole or in part without the written consent of the
other. If either party attempts to make an assignment without such consent, that party shall
nevertheless remain legally responsible for all obligations under the Contract.
b. The Owner may, without consent of the Contractor, assign the Contract to a lender providing
construction financing for the Project, if the lender assumes the Owner’s rights and obligations
under the Contract Documents. The Contractor shall execute all consents reasonably required to
facilitate the assignment.
c. Written Notice
Written notice shall be deemed to have been duly served if delivered in person to the individual,
to a member of the firm or entity, or to an officer of the corporation for which it was intended; or
if delivered at or sent by registered or certified mail or by courier service providing proof of
delivery to, the last business address known to the party giving notice.
Section 13.3 Rights and Remedies
a. Duties and obligations imposed by the Contract Documents and rights and remedies available
thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies
otherwise imposed or available by law.
b. No action or failure to act by the Owner, Design Professional, or Contractor shall constitute a
waiver of a right or duty afforded them under the Contract, nor shall such action or failure to act
constitute approval of or acquiescence in a breach thereunder, except as may be specifically
agreed upon in writing.
Section 13.4 Quality Management Tests and Inspections
a. Tests, inspections, and approvals of portions of the Work shall be made as required by the
Contract Documents and by applicable laws, statutes, ordinances, codes, rules, and regulations or
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lawful orders of public authorities. Unless otherwise provided, the Contractor shall make
arrangements for such tests, inspections, and approvals with an independent testing laboratory or
entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related
costs of tests, inspections, and approvals. The Contractor shall give the Design Professional
timely notice of when and where tests and inspections are to be made so that the Design
Professional may be present for such procedures. The Owner shall bear costs of tests, inspections,
or approvals that do not become requirements until after bids are received or negotiations
concluded. The Owner shall directly arrange and pay for tests, inspections, or approvals where
building codes or applicable laws or regulations so require. As required by the provisions of
Texas Government Code, Section 2269.058(a), the Owner shall provide or contract for the
construction materials engineering, testing, and inspection services and the verification testing
services necessary for acceptance of the facility by the Owner. To the extent that any of the
provisions of this Section 13.4 or other provisions of this Agreement conflict with any of the
provisions of Section 2269.058(a) such conflict is unintentional, and the provisions of the Texas
Government Code shall control.
b. If the Design Professional, Owner, or public authorities having jurisdiction determine that
portions of the Work require additional testing, inspection, or approval not included under
Section 13.4.a, the Design Professional will, upon written authorization from the Owner, instruct
the Contractor to make arrangements for such additional testing, inspection, or approval, by an
entity acceptable to the Owner, and the Contractor shall give timely notice to the Design
Professional of when and where tests and inspections are to be made so that the Design
Professional may be present for such procedures. Such costs, except as provided in Section
13.4.c, shall be at the Owner’s expense.
c. If such procedures for testing, inspection, or approval under Sections 13.4.a and 13.4.b reveal
failure of the portions of the Work to comply with requirements established by the Contract
Documents (“Failed Work”), all costs made necessary by the Failed Work, including those of
repeated procedures and compensation for the Design Professional’s services and expenses and
all costs specified in Section 12.2 shall be at the Contractor’s expense. The Contractor also agrees
all costs of testing, inspection, and approval services required for the correction of the Failed
Work and the cost of such similar services related to remedial operations performed to the Failed
Work shall be borne by the Contractor.
d. Required certificates of testing, inspection, or approval shall, unless otherwise required by the
Contract Documents, be secured by the Contractor and promptly delivered to the Design
Professional.
e. If the Design Professional is to observe tests, inspections, or approvals required by the Contract
Documents, the Design Professional will do so promptly and, where practicable, at the normal
place of testing.
f. It is the intent of the Construction Documents to require the Contractor to control the quality of
the Work using the processes specified in the Contractor’s Quality Management, Commissioning,
and Turnover Plan contained within the most recent Construction Management Plan approved by
the Owner and Design Professional. Tests or inspections conducted pursuant to the Contract
Documents shall be made promptly to avoid unreasonable delay in the Work and shall conform to
the most recently approved Contractor’s Construction Schedule.
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g. The responsibility for implementing the Quality Management, Commissioning and Turnover Plan
is the Contractor’s, as is the obligation to provide the Work and a complete and functional project
per the Contract Documents. Notwithstanding anything herein, or in subsequently approved
Quality Management, Commissioning and Turnover Plans, the Owner’s review and Design
Professional’s approval of such plan(s) does not relieve the Contractor in any way of this
responsibility.
h. The Contractor shall be in charge of scheduling; re-scheduling (when required); and confirming
adequate distribution of reports and other findings from all testing and inspections of the Work.
This responsibility includes, but is not limited to, scheduling the testing services of a certified
testing laboratory which, by statute shall be contracted to and paid for by the Owner. The certified
testing laboratory shall be acceptable to the Design Professional; and shall perform the tests as
called for in the Contract Documents. The conditions that apply to materials testing and
inspections include, but are not limited to the following:
.1 The frequency and type of Quality Control testing shall be established by
the Contractor and shall be sufficient to insure the delivery of the Work and a
complete and functional project per the Contract Documents. The type and
amount of testing required by the Contract Documents shall be seen as the
minimums required, and shall be increased, if in the opinion of the Contractor,
more testing is needed to meet the requirements of the Contractor.
.2 The Contractor shall concurrently provide the Design Professional copies
of all test results it receives within three (3) business days of receipt of same.
.3 The Owner shall provide such Quality Assurance testing as it and the
Design Professional mutually agree to be adequate for their own needs. The
Owner shall distribute the results of its own Quality Assurance tests as it, at its
sole discretion, deems appropriate. The provision of Quality Assurance testing by
the Owner, or lack thereof shall in no manner affect the responsibilities of the
Contractor or Design Professional under this Agreement.
i. The Contractor shall facilitate and conduct weekly (or more frequent if necessary) meetings on
site for the coordination of all mechanical, electrical and special systems installation activities and
possible interference(s) above ceilings, in mechanical rooms, etc. The mechanical trades shall
typically have preference in the event of conflicts, and therefore the mechanical contractor’s
coordinator will usually lead each meeting, unless the Contractor decides another trade or the
Contractor should take the lead. The Design Professional shall be informed of the meetings at
least seven (7) days in advance, and the appropriate Design Professional’s consultants should be
invited to attend by the Contractor, as supplemented and coordinated by the Design Professional.
j. The Contractor’s Quality Management, Commissioning and Turnover Plan shall specify that prior
to completion and acceptance of any building system or phase, consistent with the Contract and
applicable codes and Contractor will review, in detail, the steps for completing testing of all
building systems with the Owner and Design Professional. This plan shall be coordinated with
and shall be made part of the Contractor’s Construction Schedule. All testing shall be of each
complete system, before covering, or of individually separable larger portions of each system and
shall be performed in the presence of the appropriate Owner’s and Design Professional’s
consultant(s), representatives of the Owner, and at its option, either or both the Design
Professional.
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k. When heating, air conditioning, ventilating, exhaust, or other items of mechanical, electrical or
other similar equipment are installed, or other systems or equipment requiring testing as may be
specified in the Contractor’s Quality Management, Commissioning and Turnover Plan, it shall be
the responsibility of the Contractor, Subcontractor or Sub-subcontractor installing such
equipment to operate it for a period of time satisfactory to the Owner prior to acceptance and
before the start of Warranty. The duration of such operation shall be as the Owner, Owner’s
consultant(s), Design Professional’s consultant(s), Owner’ employees and other Owner’s
representatives (the Turnover Team) shall reasonably require for proper testing of the respective
system and thorough instruction of the Owner's operating personnel.
l. All equipment, testing instruments, instruction materials and incidentals required for proper
testing of such systems and thorough instruction of the Owner’s operating personnel on each
system’s operations and maintenance shall be provided by the Contractor, Subcontractor or Sub-
subcontractor responsible for providing and installing the equipment. Such tests and instruction
shall be in meetings held solely for this purpose (the Turnover Meetings), which shall be
coordinated and managed by the Contractor, who shall show their dates in the Contractor’s
Construction Schedule at least sixty (60) days prior to occurrence. The Contractor shall schedule
the Turnover Meetings at times reasonably convenient for the Owner’s consultant(s), Design
Professional’s consultant(s), Owner’s employees and other Owner’s representatives that the
Owner and Design Professional agree are necessary to attend for each system. The Design
Professional may attend such Turnover Meetings at its discretion.
m. The Contractor shall provide a digital video record to the Owner, with copies to the Design
Professional of all meetings for the purpose of Owner operational staff instruction or training; as
well as commissioning of equipment. These videos will become a permanent part of all
Operations and Maintenance manuals as applicable.
n. The Contractor shall prepare a digital video record of the project for the Owner with copies to the
Design Professional at such stages as shall be indicated by the Design Professional for the
purpose of documenting the location of piping, conduit, equipment, or other construction to be
concealed at a later date; recording key inspections and tests; providing evidence of unforeseeable
conditions encountered by the Contractor on site; and other construction issues as the Design
Professional may reasonably require from time to time.
o. The Contractor shall layout and mark any plantings, shrubs and trees which will require removal
a minimum of five (5) business days prior to their removal. The Contractor shall notify the
Design Professional in writing immediately upon completion of this marking, and the Design
Professional will have the location of these marked plantings, shrubs and trees reviewed and
approved (if correct) by the Owner. The Design Professional will then give permission for
removal in writing to the Contractor. Plantings, shrubs, and trees shall not be removed or
damaged without such permission.
Section 13.5 Interest
Payments due and unpaid under the Contract Documents shall bear interest as set forth in the
provisions of Texas Government Code, Chapter 2251 or its successor statute.
Section 13.6 Time Limits on Claims
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The Owner and Contractor shall commence all claims and causes of action, whether in contract,
tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in
accordance with the requirements of the final dispute resolution method selected in the Agreement within
the time period specified by applicable law, but in any case not more than ten (10) years after the date of
Substantial Completion of the Work.
Section 13.8 Measurement
Before ordering any material or doing any Work, the Contractor shall verify all measurements for
Work completed at the Project and shall be responsible for their accuracy. Any differences found shall be
submitted to the Design Professional for consideration before proceeding with the Work. The Contractor
shall use its utmost efforts to identify discrepancies in dimensions in a timely fashion and notify the
Owner and Design Professional of these prior to commencing any Work affected by the ambiguous
dimensions. No extra charge or compensation shall be allowed because of differences between actual
measurements and the dimensions indicated on the drawings.
Section 13.9 Expediting Materials
The Contractor shall immediately, after receipt of Notice to Proceed and approval of the list of
subcontractors and material suppliers, place orders for all equipment, materials, and supplies required for
the Work, and shall submit to the Design Professional evidence that such orders have been placed in
accordance with the Contractor’s Construction Schedule.
Section 13.10 Addressing the Owner’s Additional Needs and Concerns
a. Notwithstanding the above, the Owner has a unique set of stakeholders and organizational
structure that creates special challenges the Contractor must completely and successfully address
to the satisfaction of the Owner and Design Professional in the performance of the Work under
this Agreement. The actions that shall be taken to address these special challenges include, but
are not limited to, the following:
.1 The Contractor shall provide the Superintendent once per month for a
scheduled meeting with the Owner for a progress update on the project if
requested by the Owner. A walk-through of the site may be held as a part of this
meeting, which shall be scheduled by mutual agreement during regular business
hours.
.2 The Contractor may be required to provide the Superintendent for one
meeting per month with the Design Professional for the purpose of assisting the
Owner in preparing City Council agenda items and assisting City staff in
preparing presentations to the City Council for the benefit of the public. The
actual preparation and submission of the City Council of any agenda or work
session item shall be performed by the Owner.
.3 In addition to the meetings required to complete the Project, it is
anticipated the Owner may request tours from time to time of the project and the
site. The Contractor shall indicate in writing when such activity will be permitted
and when the site is off limits. These requirements shall be coordinated through
the Owner.
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Section 13.11 Additional Provisions
a. In the event that any provision herein is held to be unlawful, against public policy, or a violation
of the Charter or Ordinances of the Denton City, Texas, such provision shall be modified to make
it valid, or if modification is not possible, such provision shall be deleted and the remainder of
this Agreement shall remain in full force and effect.
b. Each party hereto agrees to, without limitation, perform all acts; provide all services, material,
equipment, labor and supervision; and to make, execute, and deliver such written instruments, as
shall from time to time be reasonably required to carry out the terms and provisions of the
Contract Documents.
c. All exhibits referred to in the Contract Documents are, by reference, incorporated herein for all
purposes.
d. The captions of the paragraphs are set forth only for convenience and reference, and are not
intended in any way to define, limit, or describe the scope or intent of the Contract Documents.
e. Any specific requirement in this Contract that require responsibilities or obligations of the
Contractor also apply to a Subcontractor is added for emphasis and is also hereby deemed to
include a Subcontractor, Sub-subcontractor or supplier of any tier. The omission of a reference to
a Subcontractor in connection with any of the Contractor’s responsibilities or obligations shall not
be construed to diminish, abrogate, or limit any responsibilities or obligations of a Subcontractor,
Sub-subcontractor or supplier of any tier under the Contract Documents or the applicable
subcontract.
f. The provisions of the Contract Documents shall not be changed, amended, waived, or otherwise
modified in any respect except by a written document signed by Owner. No person is authorized
on behalf of Owner to orally change, amend, waive, or otherwise modify the terms of the
Contract Documents or any of the Contractor’s duties or obligations under or arising out of the
Contract Documents. Any change, waiver, approval, or consent granted to the Contractor shall be
limited to the specific material restated in the written document signed by Owner and shall not
relieve Contractor of any other of the duties and obligations under the Contract Documents.
g. The Contractor shall provide and file, as required by law, all notices required or permitted by the
laws of the state in which the Project is located for protection of Owner from liens and claims of
lien if permitted or required by applicable law. Contractor shall be responsible for filing in the
appropriate court or other governmental office records all such notices as required or permitted by
the laws of the state in which the Project is located.
h. The Contractor shall provide Owner with copies of all notices received by Contractor from
Subcontractors, Sub-subcontractors, and/or suppliers to Contractor.
i. The Owner is a Texas home-rule municipality and as such is generally exempt from taxation
under Texas law, which may include the purchase of items, materials, or supplies purchased on
behalf of the Owner for this public works project. Contractor shall confirm that the Owner is
exempt before paying taxes for items, materials, or supplies that may not be lawfully charged to
the Owner.
j. Owner affirmatively represents that its governing body has duly appropriated such sums which
are equal to or in excess of the contract amount, and that such contract amount may be lawfully
paid by Owner to Contractor subject to the terms and conditions of the Contract Documents. In
the event that Owner approves a Change Order, Construction Change Directive or other
additional compensable Work to be performed by Contractor, (other than that contemplated by
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the Contract Documents under any remedy-granting provision), Owner will issue a written
assurance at the time of such approval that such additional compensation to be paid has also been
duly appropriated by the Owner’s governing body.
k. In the event the Owner is required to further advertise the completion of the Work or the Project
under any local, state or Federal law, the Contractor shall notify the Owner and Design
Professional of such requirement(s) in writing not less than thirty (30) days in advance and attach
a copy of the specific advertising and noticing required.
l. The Contractor shall, in addition to compliance with the requirements of Section 3.7.f and
without limitation, not knowingly employ or contract with an illegal alien to perform any of the
Work under this Agreement. The Contractor shall not knowingly contract with a Subcontractor
that (i) knowingly employs or contracts with an illegal alien to perform work under this
Agreement or (ii) fails to certify to the Contractor that the Subcontractor will not knowingly
employ or contract with an illegal alien to perform work under this Agreement.
i. The Contractor shall comply with any reasonable request of the Texas Workforce
Commission made in the course of an investigation pursuant to state law.
ii. In addition to any other legal or equitable remedy, and notwithstanding anything to the
contrary in the Contract Document the Owner may be entitled to for a breach of the
Agreement, if the Owner terminates this Agreement, in whole or in part, due to
Contractor’s breach of the obligations set forth above in this Section 13.11.l Contractor
shall be liable for actual and consequential damages to the Owner.
m. It is the express intention of the parties that this Agreement is not to be construed as a waiver of
any immunities or defenses of the Owner under Texas law.
n. Notwithstanding any other provision in the Contract Documents to the contrary, public property
is protected from forced sale and therefore may not be made the subject of a mechanic’s lien.
Nothing in the Contract Documents shall be construed to allow a mechanic’s lien on public
property owned by the Owner. The Owner does not waive its immunities or right to object to or
contest such a lien.
Article 14. TERMINATION OR SUSPENSION OF THE CONTRACT
Section 14.1 Termination by the Contractor
a. The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive
days through no act or fault of the Contractor, a Subcontractor, a Sub-subcontractor, their agents
or employees, or any other persons or entities performing portions of the Work, for any of the
following reasons:
.1 Issuance of an order of a court or other public authority having
jurisdiction that requires all Work to be stopped; or
.2 An act of government, such as a declaration of national emergency, that
requires all Work to be stopped.
b. The Contractor may terminate the Contract if, through no act or fault of the Contractor, a
Subcontractor, a Sub-subcontractor, their agents or employees, or any other persons or entities
performing portions of the Work, repeated suspensions, delays, or interruptions of the entire
Work by the Owner as described in Section 14.3, constitute in the aggregate more than 100
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percent of the total number of days scheduled for completion, or 120 days in any 365-day period,
whichever is less.
c. If one of the reasons described in Section 14.1.a or 14.1.b exists, the Contractor may, upon seven
(7) days’ notice to the Owner and Design Professional, terminate the Contract and recover from
the Owner payment for Work executed, including other costs allowed by the law.
d. If the Work is stopped for a period of sixty (60) consecutive days through no act or fault of the
Contractor, a Subcontractor, a Sub-subcontractor, or their agents or employees or any other
persons or entities performing portions of the Work because the Owner has repeatedly failed to
fulfill the Owner’s obligations under the Contract Documents with respect to matters important to
the progress of the Work, the Contractor may, upon seven additional days’ written notice to the
Owner and the Design Professional, terminate the Contract and recover from the Owner as
provided in Section 14.1.c.
Section 14.2 Termination by the Owner for Cause
a. The Owner may terminate the Contract if the Contractor:
.1 refuses or fails to supply enough properly skilled workers or proper
materials;
.2 fails to make payment to Subcontractors or suppliers in accordance with
the respective agreements between the Contractor and the Subcontractors or
suppliers;
.3 disregards applicable laws, statutes, ordinances, codes, rules and
regulations, or lawful orders of a public authority;
.4 otherwise is guilty of substantial breach of a provision of the Contract
Documents; or
.5 contractor becomes insolvent or makes a general assignment for the
benefit of its creditors.
b. When any of the reasons described in Section 14.2.a exist, and upon certification by the Design
Professional that sufficient cause exists to justify such action, the Owner may, without prejudice
to any other rights or remedies of the Owner and after giving the Contractor and the Contractor’s
surety, if any, seven days’ written notice, terminate employment of the Contractor and may,
subject to any prior rights of the surety:
.1 Exclude the Contractor from the site and take possession of all materials,
equipment, tools, and construction equipment and machinery thereon owned by
the Contractor;
.2 Accept assignment of subcontracts pursuant to Section 5.4; and
.3 Finish the Work by whatever reasonable method the Owner may deem
expedient. Upon written request of the Contractor, the Owner shall furnish to the
Contractor a detailed accounting of the costs incurred by the Owner in finishing
the Work.
c. When the Owner terminates the Contract for one of the reasons stated in Section 14.2.a, the
Contractor shall not be entitled to receive further payment.
d. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including
compensation for the Design Professional’s, Design Professional’s consultants’, and Owner’s
other consultants’ services and expenses made necessary thereby, and other damages incurred by
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the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs
and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner.
The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the
Initial Decision Maker, upon application, and this obligation for payment shall survive
termination of the Contract.
i. The costs of finishing the Work include, without limitation, all reasonable attorneys’ fees,
additional title costs, insurance, additional interest because of any delay in completing the
Work, and all other direct and indirect costs incurred by the Owner by reason of the
termination of the Contractor as stated herein.
Section 14.3 Suspension by the Owner for Convenience
a. The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the
Work, in whole or in part for such period of time as the Owner may determine.
b. The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused
by suspension, delay, or interruption under Section 14.3.a. Adjustment of the Contract Sum shall
be as specified in Article 7. No adjustment shall be made to the extent:
.1 that performance is, was, or would have been, so suspended, delayed, or
interrupted, by another cause for which the Contractor is responsible; or
.2 that an equitable adjustment is made or denied under another provision
of the Contract.
Section 14.4 Termination by the Owner for Convenience
a. The Owner may, at any time, terminate the Contract for the Owner’s convenience and without
cause.
b. Upon receipt of written notice from the Owner of such termination for the Owner’s convenience,
the Contractor shall:
.1 cease operations as directed by the Owner in the notice;
.2 take actions necessary, or that the Owner may direct, for the protection
and preservation of the Work; and
.3 except for Work directed to be performed prior to the effective date of
termination stated in the notice, terminate all existing subcontracts and purchase
orders and enter into no further subcontracts and purchase orders.
c. Upon such termination for the Owner’s convenience, the Contractor shall recover as its sole
remedy payment for Work properly performed in connection with the terminated portion of the
Work prior to the effective date of termination and for items properly and timely fabricated off
the Project site, delivered and stored in accordance with the Contract Documents and Owner’s
further instructions. The Contractor waives and forfeits all other claims for payment and
damages, including, without limitation, anticipated profits, lost opportunity costs, and
potential and actual unabsorbed overhead costs. The Owner shall be credited for (1) payments
previously made to the Contractor for the terminated portion of the Work; (2) claims that the
Owner has against the Contractor under the Contract; and (3) the value of the materials, supplies,
equipment, or other items that are to be disposed of by the Contractor that are part of the
Contract.
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Article 15. CLAIMS AND DISPUTES
Section 15.1 Claims
a. Definition
A Claim is a demand or assertion by one of the parties seeking, as a matter of right, payment of
money, a change in the Contract Time, or other relief with respect to the terms of the Contract.
The term “Claim” also includes other disputes and matters in question between the Owner and
Contractor arising out of or relating to the Contract. The responsibility to substantiate Claims
shall rest with the party making the Claim. This Section 15.1.a does not require the Owner to file
a Claim in order to impose liquidated damages in accordance with the Contract Documents.
b. Time Limits on Claims
The Owner and Contractor shall commence all Claims and causes of action against the other and
arising out of or related to the Contract, whether in contract, tort, breach of warranty or otherwise,
in accordance with the requirements of the dispute resolution method selected in the Agreement
and within the period specified by applicable law.
c. Notice of Claims
Claims by either the Owner or Contractor must be initiated by written notice to the other party
and to the Initial Decision Maker with a copy sent to the Design Professional, if the Design
Professional is not serving as the Initial Decision Maker.; provided, however, that the claimant
shall use its best efforts to furnish the Initial Decision Maker and the other party, as expeditiously
as possible, with notice of any Claim including, without limitation, those in connection with
concealed or unknown conditions, once such claim is recognized, and shall cooperate with the
Design Professional and the party against whom the claim is made in any effort to mitigate the
alleged or potential damages, delay, or other adverse consequences arising out of the condition
that is the cause of such a Claim. Claims by either party must be initiated within twenty-one (21)
days after occurrence of the event giving rise to such Claim or within twenty-one ( 21 ) days after
the claimant first recognizes the condition giving rise to the Claim, whichever is later.
i. Claims Made After Final Payment
After Final Payment, Claims made by the Contractor that have not otherwise been waived
pursuant to this Contract, must be initiated within one hundred and eighty (180) days
from the date of Final Payment by written notice to the Owner as a condition precedent to
the Contractor’s right to sue on the Contract.
ii. Claims by either the Owner or Contractor, where the condition giving rise to the Claim is
first discovered after expiration of the period for correction of the Work set forth in
Section 12.2.b, shall be initiated by notice to the other party. In such event, no
recommendation by the Initial Decision Maker is required.
d. Continuing Contract Performance
i. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided
in Section 9.7 and Article 14, the Contractor shall proceed diligently with performance of
the Contract and the Owner shall continue to make payments in accordance with the
Contract Documents.
ii. The Contract Sum and Contract Time shall be adjusted in accordance with the Initial
Decision Maker’s decision, subject to the right of either party to proceed in accordance
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
with this Article 15. The Design Professional will prepare Change Orders and issue
Certificates for Payment in accordance with the decision of the Initial Decision Maker.
e. Claims for Additional Cost
If the Contractor wishes to make a Claim for an increase in the Contract Sum, notice as provided
in Section 15.1.c shall be given before proceeding to execute the portion of the Work that is the
subject of the Claim. Prior notice is not required for Claims relating to an emergency endangering
life or property arising under Section 10.4. Damages available to the Contractor are limited to
those set forth in the Texas Local Government Code, Subchapter I, Section 271.153 or its
successor statute(s).
f. Claims for Additional Time
i. If the Contractor wishes to make a Claim for an increase in the Contract Time, the
Contractor shall provide written notice as required by Sections 8.3.d. and 8.3.e.
ii. If adverse weather conditions are the basis for a Claim for additional time, such Claim
shall be documented in accordance with Section 8.3.e.
g. Waiver of Claims for Consequential Damages
The Contractor and Owner waive Claims against each other for consequential damages arising
out of or relating to this Contract. This mutual waiver includes
.1 damages incurred by the Owner for rental expenses, for losses of use,
income, profit, financing, business and reputation, and for loss of management or
employee productivity or of the services of such persons; and
.2 damages incurred by the Contractor for principal office expenses
including the compensation of personnel stationed there, for losses of financing,
business and reputation, and for loss of profit, except anticipated profit arising
directly from the Work.
This mutual waiver is applicable, without limitation, to all consequential damages due to either
party’s termination in accordance with Article 14. Nothing contained in this Section 15.1.g shall
be deemed to preclude assessment of liquidated damages, when applicable, in accordance with
the requirements of the Contract Documents.
Section 15.2 Initial Decision
Omitted.
Section 15.3 Mediation
a. Claims, disputes, or other matters in controversy arising out of or related to the Contract shall be
subject to mediation as a condition precedent to precedent to filing suit in a state district court
having competent jurisdiction per the Contract Documents. If a statute of limitations is at issue,
then suit may be filed by either party to toll the statute, but the suit shall then be stayed pending
completion of the agreed mediation. If the parties cannot agree on a mediator, then the court may
appoint one upon application of either party.
b. The parties shall endeavor to resolve their Claims by mediation. A request for mediation, shall be
made in writing, delivered to the other party to the Contract.
c. Either party may, within 30 days from the date that mediation has been concluded without
resolution of the dispute or 60 days after mediation has been demanded without resolution of the
dispute, demand in writing that the other party file for binding dispute resolution. If such a
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
demand is made and the party receiving the demand fails to file for binding dispute resolution
within 60 days after receipt thereof, then both parties waive their rights to binding dispute
resolution proceedings.
d. The parties shall share the mediator’s fee equally. The mediation shall be held in the place where
the Project is located, unless another location is mutually agreed upon. Written agreement(s)
reached in mediation shall be enforceable as settlement agreements in any court having
jurisdiction thereof.
EXHIBIT A
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00 73 01
SUPPLEMENTARY CONDITIONS - CSP
Page 1 of 5
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised February 12, 2024
Effective February 12, 2024
SECTION 00 73 01 1
SUPPLEMENTARY CONDITIONS - CSP 2
TO 3
GENERAL CONDITIONS 4
5
Supplementary Conditions 6
7
These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other 8
provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 9
modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 10
of the General Conditions which are not so modified or supplemented remain in full force and effect. 11
12
Defined Terms 13
14
The terms used in these Supplementary Conditions which are defined in the General Conditions have the 15
meaning assigned to them in the General Conditions, unless specifically noted herein. 16
17
Modifications and Supplements 18
19
The following are instructions that modify or supplement specific paragraphs in the General Conditions and 20
other Contract Documents. 21
22
SC-1.01 “Defined Terms” 23
24
The following Terms are added to the General Conditions as follows: 25
26
Competitive Sealed Proposals – A procurement method by which a governmental entity requests 27
proposals, evaluates and ranks the Offerors, and negotiates a contract with a general contractor for 28
the construction, rehabilitation, alteration, or repair of a facility. 29
30
Daily Value – The City-determined value in dollars as indicated in the Proposal Form as the value 31
of one Day for the purposes of determining the Incentive (if applicable) for Substantial 32
Completion relative to the Contract Time and achievement of Substantial Completion. 33
34
SC-2.01 35
Easement limits shown on the Drawings are approximate and were provided to establish a basis for 36
proposals. Upon receiving the final easements descriptions, Contractor shall compare them to the lines 37
shown on the Contract Drawings. 38
39
SC-2.01A., “Availability of Lands” 40
41
The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 42
October 22,2024: 43
44
Outstanding Right-Of-Way, and/or Easements to Be Acquired 45
PARCEL
NUMBER
OWNER TARGET DATE
OF POSSESSION
None None None
EXHIBIT A
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00 73 01
SUPPLEMENTARY CONDITIONS - CSP
Page 2 of 5
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised February 12, 2024
Effective February 12, 2024
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 1
and do not bind the City. 2
3
If Contractor considers the final easements provided to differ materially from the representations on the 4
Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 5
notify City in writing associated with the differing easement line locations. 6
7
SC-2.01B., “Availability of Lands” 8
Utilities or obstructions to be removed, adjusted, and/or relocated 9
10
The following is the list of utilities and/or obstructions that have not been removed, adjusted, and/or 11
relocated as of October 22,2024 12
13
EXPECTED
OWNER
UTILITY AND LOCATION TARGET DATE OF
ADJUSTMENT
None None none
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 14
and do not bind the City. 15
16
SC-3.01, “Subsurface and Physical Conditions” 17
18
None 19
20
The following are drawings of physical conditions in or relating to existing surface and subsurface 21
structures (except Underground Facilities) which are at or contiguous to the site of the Work: 22
ALTA/NSPS Land Title Survey, January 2018, prepared by Teague Nall & Perkins 23
24
SC-4.01, “Underground Facilities 25
26
The following are additional resources for identification of Underground Facilities which are at or 27
contiguous to the site of the Work, and which are not necessarily shown in the Drawings: 28
None 29
30
SC-5.01, “Hazardous Environmental Conditions at Site” 31
32
The following are reports and drawings of existing hazardous environmental conditions known to the City: 33
Phase 1 Environmental Site Assessments, January 17, 2017, prepared by W&M Environmental Group, 34
LLC 35
36
SC-6.01, “Certificates of Insurance” 37
38
The entities listed below are "additional insureds as their interest may appear" including their respective 39
officers, directors, agents and employees. 40
41
(1) City 42
(2) Consultant: CLASP Companies LLC dba Valley Quest Design 43
(3) Other: None 44
45
SC-7.01, “Concerning Subcontractors and Suppliers” 46
47
EXHIBIT A
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00 73 01
SUPPLEMENTARY CONDITIONS - CSP
Page 3 of 5
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised February 12, 2024
Effective February 12, 2024
The following subcontractors shall be required to be utilized by the Contractor for specific portions of the 1
Work as indicated below: 2
3
Required Subcontractors 4
SUBCONTRACTOR COMPANY NAME DESCRIPTION OF WORK TO BE PERFORMED
None None
5
SC-8.01., “Permits and Utilities” 6
7
SC-8.01A., “Contractor obtained permits and licenses” 8
The following are known permits and/or licenses required by the Agreement to be acquired by the 9
Contractor: 10
None 11
12
SC-8.01B. “City obtained permits and licenses” 13
The following are known permits and/or licenses required by the Agreement to be acquired by the City: 14
None 15
16
SC-8.01C. “Outstanding permits and licenses” 17
18
The following is a list of known outstanding permits and/or licenses to be acquired, if any as of October 22, 19
2024 20
21
Outstanding Permits and/or Licenses to Be Acquired 22
OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE
OF POSSESSION
None None None
23
24
SC-9.01, “Title VI, Civil Rights Act of 1964 as amended” 25
26
Capitalized terms not defined in the Contract Documents have the meaning set forth in the relevant federal 27
regulation. During the performance of this Agreement, the Contractor, for itself, its assignees and 28
successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 29
30
1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to 31
nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, 32
“DOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, 33
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part 34
of this Agreement. 35
36
2. Nondiscrimination: The Contractor, with regard to the work performed by it during the Agreement, 37
shall not discriminate on the grounds of race, color, or national origin, in the selection and retention of 38
subcontractors, including procurements of materials and leases of equipment. The Contractor shall not 39
participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the 40
Regulations, including employment practices when the contract covers a program set forth in 41
Appendix B of the Regulations. 42
43
3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all 44
solicitations either by competitive proposals or negotiation made by the contractor for work to be 45
EXHIBIT A
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00 73 01
SUPPLEMENTARY CONDITIONS - CSP
Page 4 of 5
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised February 12, 2024
Effective February 12, 2024
performed under a subcontract, including procurements of materials or leases of equipment, each 1
potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations 2
under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or 3
national origin. 4
5
4. Information and Reports: The Contractor shall provide all information and reports required by the6
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, 7
accounts, other sources of information and its facilities as may be determined by City or the Texas 8
Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders 9
and instructions. Where any information required of a contractor is in the exclusive possession of 10
another who fails or refuses to furnish this information the contractor shall so certify to the City, or the 11
Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made to 12
obtain the information. 13
14
5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the15
nondiscrimination provisions of this Agreement, City shall impose such contract sanctions as it or the 16
Texas Department of Transportation may determine to be appropriate, including, but not limited to: 17
18
a.withholding of payments to the Contractor under the Agreement until the Contractor19
complies, and/or20
b.cancellation, termination or suspension of the Agreement, in whole or in part.21
22
6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through23
(6) in every subcontract, including procurements of materials and leases of equipment, unless exempt24
by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with25
respect to any subcontract or procurement as City or the Texas Department of Transportation may26
direct as a means of enforcing such provisions including sanctions for non-compliance: Provided,27
however, that, in the event a Contractor becomes involved in, or is threatened with, litigation with a28
subcontractor or supplier as a result of such direction, the contractor may request City to enter into29
such litigation to protect the interests of City, and, in addition, the Contractor may request the United30
States to enter into such litigation to protect the interests of the United States.31
32
Additional Title VI requirements can be found in the Appendix. 33
34
SC-10.01, “Coordination” 35
36
The individuals or entities listed below have contracts with the City for the performance of other work at 37
the Site: 38
39
Vendor Scope of Work Coordination Authority
None None None
40
SC-11.01, “Communications to Contractor” 41
42
None 43
44
SC-12.01, “City’s Project Manager” 45
46
The City’s Project Manager for this Contract is Ryan Brumfield or his/her successor pursuant to written 47
notification from the City Engineer. 48
49
SC-13.01, “Tests and Inspections” 50
51
EXHIBIT A
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00 73 01
SUPPLEMENTARY CONDITIONS - CSP
Page 5 of 5
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised February 12, 2024
Effective February 12, 2024
None 1
2
SC-14.01, “Methods and Procedures” 3
4
None 5
6
SC – 15.01, “Documents” 7
8
Any documents submitted to the City in electronic format shall be considered equivalent to an original of 9
such document. 10
11
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
EXHIBIT A
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00 73 74
FORM 1295 - CERTIFICATE OF INTERESTED PARTIES - CSP
Page 1 of 1
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
SECTION 00 73 74 1
FORM 1295 - CERTIFICATE OF INTERESTED PARTIES - CSP 2
3
4
5
[Contractor: Replace this page with Form 1295 for this Contract, which can be obtained at 6
www.ethics.state.tx.us] 7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
END OF SECTION 24
EXHIBIT A
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01 11 00
SUMMARY OF WORK
Page 1 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
SECTION 01 11 00 1
SUMMARY OF WORK 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Summary of Work to be performed in accordance with the Contract Documents 6
B. Deviations from this City of Denton Standard Specification 7
1. None. 8
C. Related Specification Sections include, but are not necessarily limited to: 9
1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10
2. Division 1 - General Requirements 11
1.2 PRICE AND PAYMENT PROCEDURES 12
A. Measurement and Payment 13
1. Work associated with this Item is considered incidental to the various items bid. 14
No separate payment will be allowed for this Item. 15
1.3 REFERENCES [NOT USED] 16
1.4 ADMINISTRATIVE REQUIREMENTS 17
A. Work Covered by Contract Documents 18
1. Work is to include furnishing all labor, materials, and equipment, and performing 19
all Work necessary for this construction project as detailed in the Drawings and 20
Specifications. 21
B. Incidental Work 22
1. Any and all Work specifically governed by documentary requirements for the 23
project, such as conditions imposed by the Contract Documents in which no 24
specific item for bid has been provided for in the Proposal, then the item shall be 25
considered as an incidental item of Work, the cost of which shall be included in the 26
price bid in the Proposal for various bid items. 27
C. Use of Premises 28
1. Coordinate uses of premises under direction of the City. 29
2. Assume full responsibility for protection and safekeeping of materials and 30
equipment stored on the Site. 31
3. Use and occupy only portions of the public streets and alleys, or other public places 32
or other rights-of-way as provided for in the ordinances of the City, as shown in the 33
Contract Documents, or as may be specifically authorized in writing by the City. 34
a. A reasonable amount of tools, materials, and equipment for construction 35
purposes may be stored in such space, but no more than is necessary to avoid 36
delay in the construction operations. 37
EXHIBIT A
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01 11 00
SUMMARY OF WORK
Page 2 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
b. Excavated and waste materials shall be stored in such a way as not to interfere 1
with the use of spaces that may be designated to be left free and unobstructed 2
and so as not to inconvenience occupants of adjacent property. 3
c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4
manner as not to interfere with the operation of the railroad. 5
1) All Work shall be in accordance with railroad requirements set forth in 6
Division 0 as well as the railroad permit. 7
D. Work within Easements 8
1. Do not enter upon private property for any purpose without having previously 9
obtained permission from the owner of such property. 10
2. Do not store equipment or material on private property unless and until the 11
specified approval of the property owner has been secured in writing by the 12
Contractor and a copy furnished to the City. 13
3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14
obstructions which must be removed to make possible proper prosecution of the 15
Work as a part of the project construction operations. 16
4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17
lawns, fences, culverts, curbing, and all other types of structures or improvements, 18
to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19
appurtenances thereof, including the construction of temporary fences and to all 20
other public or private property adjacent to the Work. 21
5. Notify the proper representatives of the owners or occupants of the public or private 22
lands of interest in lands which might be affected by the Work. 23
a. Such notice shall be made at least 48 hours in advance of the beginning of the 24
Work. 25
b. Notices shall be applicable to both public and private utility companies and any 26
corporation, company, individual, or other, either as owners or occupants, 27
whose land or interest in land might be affected by the Work. 28
c. Be responsible for all damage or injury to property of any character resulting 29
from any act, omission, neglect, or misconduct in the manner or method or 30
execution of the Work, or at any time due to defective work, material, or 31
equipment. 32
6. Fence 33
a. Restore all fences encountered and removed during construction of the Work to 34
the original or a better than original condition. 35
b. Erect temporary fencing in place of the fencing removed whenever the Work is 36
not in progress and when the site is vacated overnight, and/or at all times to 37
provide site security. 38
c. The cost for all fence work within easements, including removal, temporary 39
closures and replacement, shall be incidental to the various items bid in the 40
project proposal, unless a bid item is specifically provided in the proposal. 41
EXHIBIT A
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01 11 00
SUMMARY OF WORK
Page 3 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
1.5 SUBMITTALS [NOT USED] 1
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2
1.7 CLOSEOUT SUBMITTALS [NOT USED] 3
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4
1.9 QUALITY ASSURANCE [NOT USED] 5
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6
1.11 FIELD [SITE] CONDITIONS [NOT USED] 7
1.12 WARRANTY [NOT USED] 8
PART 2 - PRODUCTS [NOT USED] 9
PART 3 - EXECUTION [NOT USED] 10
END OF SECTION 11
12
Revision Log
DATE NAME SUMMARY OF CHANGE
13
EXHIBIT A
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01 25 00
SUBSTITUTION PROCEDURES
Page 1 of 4
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
SECTION 01 25 00 1
SUBSTITUTION PROCEDURES 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. The procedure for requesting the approval of substitution of a product that is not 6
equivalent to a product which is specified by descriptive or performance criteria or 7
defined by reference to 1 or more of the following: 8
a. Name of manufacturer 9
b. Name of vendor 10
c. Trade name 11
d. Catalog number 12
2. Substitutions are not "or-equals". 13
B. Deviations from this City of Denton Standard Specification 14
1. None. 15
C. Related Specification Sections include, but are not necessarily limited to: 16
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 17
2. Division 1 – General Requirements 18
1.2 PRICE AND PAYMENT PROCEDURES 19
A. Measurement and Payment 20
1. Work associated with this Item is considered incidental to the various items bid. 21
No separate payment will be allowed for this Item. 22
1.3 REFERENCES [NOT USED] 23
1.4 ADMINISTRATIVE REQUIREMENTS 24
A. Request for Substitution - General 25
1. Within 30 days after award of Agreement (unless noted otherwise), the City will 26
consider formal requests from Contractor for substitution of products in place of 27
those specified. 28
2. Certain types of equipment and kinds of material are described in Specifications by 29
means of references to names of manufacturers and vendors, trade names, or 30
catalog numbers. 31
a. When this method of specifying is used, it is not intended to exclude from 32
consideration other products bearing other manufacturer's or vendor's names, 33
trade names, or catalog numbers, provided said products are "or-equals," as 34
determined by City. 35
3. Other types of equipment and kinds of material may be acceptable substitutions 36
under the following conditions: 37
a. Or-equals are unavailable due to strike, discontinued production of products 38
meeting specified requirements, or other factors beyond control of Contractor; 39
or, 40
EXHIBIT A
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SUBSTITUTION PROCEDURES
Page 2 of 4
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
b. Contractor proposes a cost and/or time reduction incentive to the City. 1
1.5 SUBMITTALS 2
A. See Request for Substitution Form (attached) 3
B. Procedure for Requesting Substitution 4
1. Substitution shall be considered only: 5
a. After award of Agreement 6
b. Under the conditions stated herein 7
2. Submit one PDF copy via email to the Project Manager and their duly appointed 8
representative, including: 9
a. Documentation 10
1) Complete data substantiating compliance of proposed substitution with 11
Contract Documents 12
2) Data relating to changes in construction schedule, when a reduction is 13
proposed 14
3) Data relating to changes in cost 15
b. For products 16
1) Product identification 17
a) Manufacturer's name 18
b) Telephone number and representative contact name 19
c) Specification Section or Drawing reference of originally specified 20
product, including discrete name or tag number assigned to original 21
product in the Contract Documents 22
2) Manufacturer's literature clearly marked to show compliance of proposed 23
product with Contract Documents 24
3) Itemized comparison of original and proposed product addressing product 25
characteristics including, but not necessarily limited to: 26
a) Size 27
b) Composition or materials of construction 28
c) Weight 29
d) Electrical or mechanical requirements 30
4) Product experience 31
a) Location of past projects utilizing product 32
b) Name and telephone number of persons associated with referenced 33
projects knowledgeable concerning proposed product 34
c) Available field data and reports associated with proposed product 35
5) Samples 36
a) Provide at request of City. 37
b) Samples become the property of the City. 38
c. For construction methods: 39
1) Detailed description of proposed method 40
2) Illustration drawings 41
C. Approval or Rejection 42
1. Written approval or rejection of substitution given by the City 43
2. City reserves the right to require proposed product to comply with color and pattern 44
of specified product if necessary to secure design intent. 45
3. In the event the substitution is approved, the resulting cost and/or time reduction 46
will be documented by Change Order in accordance with the General Conditions. 47
EXHIBIT A
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SUBSTITUTION PROCEDURES
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
4. No additional contract time will be given for substitution. 1
5. Substitution will be rejected if: 2
a. Submittal is not through the Contractor with his stamp of approval 3
b. Request is not made in accordance with this Specification Section 4
c. In the City’s opinion, acceptance will require substantial revision of the original 5
design 6
d. In the City’s opinion, substitution will not perform adequately the function 7
consistent with the design intent 8
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 9
1.7 CLOSEOUT SUBMITTALS [NOT USED] 10
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11
1.9 QUALITY ASSURANCE 12
A. In making request for substitution or in using an approved product, the Contractor 13
represents that the Contractor: 14
1. Has investigated proposed product, and has determined that it is adequate or 15
superior in all respects to that specified, and that it will perform function for which 16
it is intended 17
2. Will provide same guarantee for substitute item as for product specified 18
3. Will coordinate installation of accepted substitution into Work, to include building 19
modifications if necessary, making such changes as may be required for Work to be 20
complete in all respects 21
4. Waives all claims for additional costs related to substitution which subsequently 22
arise 23
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24
1.11 FIELD [SITE] CONDITIONS [NOT USED] 25
1.12 WARRANTY [NOT USED] 26
PART 2 - PRODUCTS [NOT USED] 27
PART 3 - EXECUTION [NOT USED] 28
END OF SECTION 29
30
Revision Log
DATE NAME SUMMARY OF CHANGE
31
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 25 00
SUBSTITUTION PROCEDURES
Page 4 of 4
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
EXHIBIT A 1
REQUEST FOR SUBSTITUTION FORM: 2
3
TO: 4
PROJECT: DATE: 5
We hereby submit for your consideration the following product instead of the specified item for 6
the above project: 7
SECTION PARAGRAPH SPECIFIED ITEM 8
9
10
Proposed Substitution: 11
Reason for Substitution: 12
Include complete information on changes to Drawings and/or Specifications which proposed 13
substitution will require for its proper installation. 14
15
Fill in Blanks Below: 16 A. Will the undersigned contractor pay for changes to the building design, including engineering 17 and detailing costs caused by the requested substitution? 18 19 20 B. What effect does substitution have on other trades? 21 22 23 C. Differences between proposed substitution and specified item? 24 25 26 D. Differences in product cost or product delivery time? 27 28 29 E. Manufacturer's guarantees of the proposed and specified items are: 30
31
Equal Better (explain on attachment) 32
The undersigned states that the function, appearance and quality are equivalent or superior to the 33
specified item. 34
Submitted By: For Use by City 35
36
Signature Recommended Recommended 37
as noted 38
39
Firm Not recommended Received late 40
Address By 41
Date 42
Date Remarks 43
Telephone 44
45
For Use by City: 46
47
Approved Rejected 48
City Date 49
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 29 76
STORED MATERIALS (MATERIALS ON HAND)
Page 1 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
SECTION 01 29 76 1
STORED MATERIALS AND EQUIPMENT (MATERIALS ON HAND) 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. The procedure for requesting payment for stored materials and equipment 6
(materials on hand). 7
B. Deviations from this City of Denton Standard Specification: 8
1. None. 9
C. Related Specification Sections include but are not limited to: 10
1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the 11
Contract. 12
2. Division 1 - General Requirements. 13
1.2 PRICE AND PAYMENT PROCEDURES 14
A. Measurement and Payment 15
1. Work associated with this item is considered incidental to the various items bid. No 16
separate payment will be allowed for this item. 17
1.3 REFERENCES [NOT USED] 18
1.4 ADMINISTRATIVE REQUIREMENTS 19
A. Request for Payment of Stored Materials and Equipment 20
1. Provide written request to City, if payment is requested on the basis of approved 21
materials and equipment delivered and stored at the Site, or other agreed upon 22
location, in accordance with the Contract Documents, and which will not be 23
incorporated into the Work for a minimum of thirty (30) days from delivery. 24
B. Payment for Materials and Equipment 25
1. Payment will be made in accordance with Article 9 of the General Conditions, less 26
retainage. 27
2. Payment will not exceed the total estimated quantity required to complete the 28
Work. 29
3. The amounts advanced for stored materials and equipment will be deducted from 30
payments to the Contractor as the materials or equipment are incorporated into the 31
Work. 32
4. Payment for stored materials and equipment will not constitute acceptance of the 33
relevant portion of the Work which the materials will be incorporated into. 34
C. Allowed Materials and Equipment 35
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 29 76
STORED MATERIALS (MATERIALS ON HAND)
Page 2 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
1. Payment for stored materials and equipment will be limited to major items 1
associated with the Work. Perishable articles and small warehouse items will not 2
be considered for payment for this item. Examples of major items associated with 3
the Work include the following items: 4
a. Playground Equipment 5
b. On Site Boulders 6
c. Site Furnishings 7
2. All items submitted for payment will be subject to approval for payment by relevant 8
City departments and the City Project Manager. 9
D. Returned Materials/Equipment 10
1. Should stored materials/equipment that have been paid for under this Section need 11
to be returned for any reason, the Contractor shall bear any fees associated with the 12
return. 13
E. Contractor shall save the City harmless in the event of loss or damage of 14
materials/equipment for which advance payments have been made in accordance with 15
this Section. 16
1.5 SUBMITTALS 17
A. Provide a certified inventory of the quantity of each stored item and accompanying 18
invoice. 19
B. Within thirty (30) days after the Contractor receives payment for stored materials or 20
equipment, provide a copy of a certified paid invoice statement for each item for which 21
payment has been made by Contractor. 22
1. If certification of payment is not presented within the thirty (30) day period, the 23
advanced payment will be deducted from the next progress payment. 24
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 25
1.7 CLOSEOUT SUBMITTALS [NOT USED] 26
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 27
1.9 QUALITY ASSURANCE [NOT USED] 28
1.10 DELIVERY, STORAGE, AND HANDLING 29
A. Delivery and Acceptance Requirements 30
B. Storage and Handling Requirements 31
1. Secure and maintain a location to store the materials and equipment in accordance 32
with Section 01 66 00. 33
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 29 76
STORED MATERIALS (MATERIALS ON HAND)
Page 3 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
1.11 FIELD CONDITIONS [NOT USED] 1
1.12 WARRANTY [NOT USED] 2
PART 2 - PRODUCTS [NOT USED] 3
PART 3 - EXECUTION [NOT USED] 4
5
END OF SECTION 6
7
Revision Log
DATE NAME SUMMARY OF CHANGE
8
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 31 19
PRECONSTRUCTION MEETING
Page 1 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
SECTION 01 31 19 1
PRECONSTRUCTION MEETING 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Provisions for the preconstruction meeting to be held prior to the start of Work to 6
clarify construction contract administration procedures 7
B. Deviations from this City of Denton Standard Specification 8
1. None. 9
C. Related Specification Sections include, but are not necessarily limited to: 10
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11
2. Division 1 – General Requirements 12
1.2 PRICE AND PAYMENT PROCEDURES 13
A. Measurement and Payment 14
1. Work associated with this Item is considered incidental to the various items bid. 15
No separate payment will be allowed for this Item. 16
1.3 REFERENCES [NOT USED] 17
1.4 ADMINISTRATIVE REQUIREMENTS 18
A. Coordination 19
1. Attend preconstruction meeting. 20
2. Representatives of Contractor, subcontractors and suppliers attending meetings 21
shall be qualified and authorized to act on behalf of the entity each represents. 22
3. Meeting administered by City may be tape recorded. 23
a. If recorded, tapes will be used to prepare minutes and retained by City for 24
future reference. 25
4. Project Manager will establish their duly authorized representative(s) authorized to 26
make decisions as identified in the Contract Documents. 27
B. Preconstruction Meeting 28
1. A preconstruction meeting will be held within 14 days after the execution of the 29
Agreement and before Work is started. 30
a. The meeting will be scheduled and administered by the City. 31
2. The Project Manager will preside at the meeting, prepare the notes of the meeting 32
and distribute copies of same to all participants who so request by fully completing 33
the attendance form to be circulated at the beginning of the meeting. 34
3. Attendance shall include: 35
a. Project Manager 36
b. Project Manager’s duly authorized representative (if any) 37
c. Contractor's project manager 38
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 31 19
PRECONSTRUCTION MEETING
Page 2 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
d. Contractor's superintendent 1
e. Any subcontractor or supplier representatives whom the Contractor may desire 2
to invite or the City may request 3
f. Other City representatives 4
g. Others as appropriate 5
4. Construction Schedule 6
a. Prepare baseline construction schedule in accordance with Section 01 32 16 and 7
provide at Preconstruction Meeting. 8
b. City will notify Contractor of any schedule changes upon Notice of 9
Preconstruction Meeting. 10
5. Preliminary Agenda may include: 11
a. Introduction of Project Personnel 12
b. General Description of Project 13
c. Status of right-of-way, utility clearances, easements or other pertinent permits 14
d. Contractor’s work plan and schedule 15
e. Contract Time 16
f. Notice to Proceed 17
g. Construction Staking 18
h. Progress Payments 19
i. Change Order Procedures 20
j. Construction Change Directive 21
k. Disposal Site Letter for Waste Material 22
l. Insurance Renewals 23
m. Payroll Certification 24
n. Material Certifications and Quality Control Testing 25
o. Public Safety and Convenience 26
p. Documentation of Pre-Construction Conditions 27
q. Weekend Work Notification 28
r. Legal Holidays 29
s. Trench Safety Plans 30
t. Confined Space Entry Standards 31
u. Coordination with the City’s representative for operations of existing water 32
systems 33
v. Storm Water Pollution Prevention Plan 34
w. Coordination with other contractors 35
x. Early Warning System 36
y. Contractor Evaluation 37
z. Special Conditions applicable to the project 38
aa. Damages Claims 39
bb. Submittal Procedures 40
cc. Substitution Procedures 41
dd. Correspondence Routing 42
ee. Record Drawings 43
ff. Temporary construction facilities 44
gg. Final Acceptance 45
hh. Final Payment 46
ii. Communications Plan 47
jj. Questions or Comments 48
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 31 19
PRECONSTRUCTION MEETING
Page 3 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
1.5 SUBMITTALS [NOT USED] 1
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2
1.7 CLOSEOUT SUBMITTALS [NOT USED] 3
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4
1.9 QUALITY ASSURANCE [NOT USED] 5
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6
1.11 FIELD [SITE] CONDITIONS [NOT USED] 7
1.12 WARRANTY [NOT USED] 8
PART 2 - PRODUCTS [NOT USED] 9
PART 3 - EXECUTION [NOT USED] 10
END OF SECTION 11
12
Revision Log
DATE NAME SUMMARY OF CHANGE
13
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 31 20
PROJECT MEETINGS
Page 1 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
SECTION 01 31 20 1
PROJECT MEETINGS 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Provisions for project meetings throughout the construction period to enable orderly 6
review of the progress of the Work and to provide for systematic discussion of 7
potential problems 8
B. Deviations this City of Denton Standard Specification 9
1. None. 10
C. Related Specification Sections include, but are not necessarily limited to: 11
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 12
2. Division 1 – General Requirements 13
1.2 PRICE AND PAYMENT PROCEDURES 14
A. Measurement and Payment 15
1. Work associated with this Item is considered incidental to the various items bid. 16
No separate payment will be allowed for this Item. 17
1.3 REFERENCES [NOT USED] 18
1.4 ADMINISTRATIVE REQUIREMENTS 19
A. Coordination 20
1. Schedule, attend and administer as specified, periodic progress meetings, and 21
specially called meetings throughout progress of the Work. 22
2. Representatives of Contractor, subcontractors and suppliers attending meetings 23
shall be qualified and authorized to act on behalf of the entity each represents. 24
3. Meetings administered by City may be recorded. 25
4. Meetings, in addition to those specified in this Section, may be held when requested 26
by the City, Design Professional or Contractor. 27
B. Pre-Construction Neighborhood Meeting 28
1. After the execution of the Agreement, but before construction is allowed to begin, 29
attend 1 Public Meeting with affected residents to: 30
a. Present projected schedule, including construction start date 31
b. Answer any construction related questions 32
2. Meeting Location 33
a. Location of meeting to be determined by the City. 34
3. Attendees 35
a. Contractor 36
b. Project Manager 37
c. Other City representatives 38
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 31 20
PROJECT MEETINGS
Page 2 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
4. Meeting Schedule 1
a. In general, the neighborhood meeting will occur within the 2 weeks following 2
the pre-construction conference. 3
b. In no case will construction be allowed to begin until this meeting is held. 4
C. Progress Meetings 5
1. Formal project coordination meetings will be held weekly. Meetings will be 6
scheduled and administered by Project Manager. 7
a. Additional meetings may be held at the request of the : 8
1) City 9
2) Design Professional 10
3) Contractor 11
2. Additional progress meetings to discuss specific topics will be conducted on an as-12
needed basis. Such additional meetings shall include, but not be limited to: 13
a. Coordinating shutdowns 14
b. Installation of piping and equipment 15
c. Coordination between other construction projects 16
d. Resolution of construction issues 17
e. Equipment approval 18
3. The Project Manager will preside at progress meetings, prepare the notes of the 19
meeting and distribute copies of the same to all participants who so request by fully 20
completing the attendance form to be circulated at the beginning of each meeting. 21
4. Attendance shall include: 22
a. Contractor's project manager 23
b. Contractor's superintendent 24
c. Any subcontractor or supplier representatives whom the Contractor may desire 25
to invite or the City may request 26
d. Design Professional's representatives 27
e. City’s representatives 28
f. Others, as requested by the Project Manager 29
5. Preliminary Agenda may include: 30
a. Review of Work progress since previous meeting 31
b. Field observations, problems, conflicts 32
c. Items which impede construction schedule 33
d. Review of off-site fabrication, delivery schedules 34
e. Review of construction interfacing and sequencing requirements with other 35
construction contracts 36
f. Corrective measures and procedures to regain projected schedule 37
g. Revisions to construction schedule 38
h. Progress, schedule, during succeeding Work period 39
i. Coordination of schedules 40
j. Review submittal schedules 41
k. Maintenance of quality standards 42
l. Pending changes and substitutions 43
m. Review proposed changes for: 44
1) Effect on construction schedule and on completion date 45
2) Effect on other contracts of the Project 46
n. Review Record Documents 47
o. Review monthly pay request 48
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 31 20
PROJECT MEETINGS
Page 3 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
p. Review status of Requests for Information 1
6. Meeting Location 2
a. The City will establish a meeting location. 3
1) To the extent practicable, meetings will be held at the Site. 4
1.5 SUBMITTALS [NOT USED] 5
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 6
1.7 CLOSEOUT SUBMITTALS [NOT USED] 7
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 8
1.9 QUALITY ASSURANCE [NOT USED] 9
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 10
1.11 FIELD [SITE] CONDITIONS [NOT USED] 11
1.12 WARRANTY [NOT USED] 12
PART 2 - PRODUCTS [NOT USED] 13
PART 3 - EXECUTION [NOT USED] 14
END OF SECTION 15
16
Revision Log
DATE NAME SUMMARY OF CHANGE
17
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 32 16
CONSTRUCTION PROGRESS SCHEDULE
Page 1 of 5
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
SECTION 01 32 16 1
CONSTRUCTION PROGRESS SCHEDULE 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. General requirements for the preparation, submittal, updating, status reporting and 6
management of the Construction Progress Schedule 7
B. Deviations from this City of Denton Standard Specification 8
1. None. 9
C. Related Specification Sections include, but are not necessarily limited to: 10
1. Division 0 – Bidding Requirements, Agreement Forms and Conditions of the 11
Contract 12
2. Division 1 – General Requirements 13
1.2 PRICE AND PAYMENT PROCEDURES 14
A. Measurement and Payment 15
1. Work associated with this Item is considered incidental to the various items bid. 16
No separate payment will be allowed for this Item. 17
1.3 REFERENCES 18
A. Definitions 19
1. Baseline Schedule - Initial schedule submitted before work begins that will serve 20
as the baseline for measuring progress and departures from the schedule. 21
2. Progress Schedule - Monthly submittal of a progress schedule documenting 22
progress on the project and any changes anticipated. 23
3. Schedule Narrative - Concise narrative of the schedule including schedule 24
changes, expected delays, key schedule issues, critical path items, etc 25
B. Reference Standards 26
1. None 27
1.4 ADMINISTRATIVE REQUIREMENTS 28
A. Baseline Schedule 29
1. General 30
a. Prepare a baseline Schedule using approved software and the Critical Path 31
Method (CPM). 32
b. Review the draft baseline Schedule with the City to demonstrate understanding 33
of the work to be performed and known issues and constraints related to the 34
schedule. 35
c. Designate an authorized representative (Project Scheduler) responsible for 36
developing and updating the schedule and preparing reports. 37
B. Progress Schedule 38
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 32 16
CONSTRUCTION PROGRESS SCHEDULE
Page 2 of 5
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
1. Update the progress Schedule monthly. 1
2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 2
3. Change Orders 3
a. Incorporate approved change orders, resulting in a change of Contract Time, in 4
the baseline Schedule. 5
C. Responsibility for Schedule Compliance 6
1. Whenever it becomes apparent from the current progress Schedule and CPM Status 7
Report that delays to the critical path have resulted and the Agreement completion 8
date will not be met, or when so directed by the City, make some or all of the 9
following actions at no additional cost to the City 10
a. Submit a Recovery Plan to the City for approval revised baseline Schedule 11
outlining: 12
1) A written statement of the steps intended to take to remove or arrest the 13
delay to the critical path in the approved schedule 14
2) Increase construction manpower in such quantities and crafts as will 15
substantially eliminate the backlog of work and return current Schedule to 16
meet projected baseline completion dates 17
3) Increase the number of working hours per shift, shifts per day, working 18
days per week, the amount of construction equipment, or any combination 19
of the foregoing, sufficiently to substantially eliminate the backlog of work 20
4) Reschedule activities to achieve maximum practical concurrency of 21
accomplishment of activities, and comply with the revised schedule 22
2. If no written statement of the steps intended to take is submitted when so requested 23
by the City, the City may direct the Contractor to increase the level of effort in 24
manpower (trades), equipment and work schedule (overtime, weekend and holiday 25
work, etc.) to be employed by the Contractor in order to remove or arrest the delay 26
to the critical path in the approved schedule. 27
a. No additional cost for such work will be considered. 28
D. The Contract Time will be adjusted only for causes specified in this Contract. 29
a. Requests for an extension of any Agreement completion date must be 30
supplemented with the following: 31
1) Furnish justification and supporting evidence as the City may deem 32
necessary to determine whether the requested extension of time is entitled 33
under the provisions of this Contract. 34
a) The City will, after receipt of such justification and supporting 35
evidence, make findings of fact and will advise the Contractor, in 36
writing thereof. 37
2) If the City finds that the requested extension of time is entitled, the City's 38
determination as to the total number of days allowed for the extensions 39
shall be based upon the approved total baseline schedule and on all data 40
relevant to the extension. 41
a) Such data shall be included in the next updating of the Progress 42
schedule. 43
b) Actual delays in activities which, according to the Baseline schedule, 44
do not affect any Agreement completion date shown by the critical path 45
in the network will not be the basis for a change therein. 46
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
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CONSTRUCTION PROGRESS SCHEDULE
Page 3 of 5
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
2. Submit each request for change in Agreement completion date to the City within 30 1
days after the beginning of the delay for which a time extension is requested but 2
before the date of final payment under this Contract. 3
a. No time extension will be granted for requests which are not submitted within 4
the foregoing time limit. 5
b. From time to time, it may be necessary for the Agreement schedule or 6
completion time to be adjusted by the City to reflect the effects of job 7
conditions, weather, technical difficulties, strikes, unavoidable delays on the 8
part of the City or its representatives, and other unforeseeable conditions which 9
may indicate schedule adjustments or completion time extensions. 10
1) Under such conditions, the City will direct the Contractor to reschedule the 11
work or Agreement completion time to reflect the changed conditions and 12
the Contractor shall revise his schedule accordingly. 13
a) No additional compensation will be made to the Contractor for such 14
schedule changes except for unavoidable overall Agreement time 15
extensions beyond the actual completion of unaffected work, in which 16
case the Contractor shall take all possible action to minimize any time 17
extension and any additional cost to the City. 18
b) Available float time in the Baseline schedule may be used by the City 19
as well as by the Contractor. 20
3. Float or slack time is defined as the amount of time between the earliest start date 21
and the latest start date or between the earliest finish date and the latest finish date 22
of a chain of activities on the Baseline Schedule. 23
a. Float or slack time is not for the exclusive use or benefit of either the 24
Contractor or the City. 25
b. Proceed with work according to early start dates, and the City shall have the 26
right to reserve and apportion float time according to the needs of the project. 27
c. Acknowledge and agree that actual delays, affecting paths of activities 28
containing float time, will not have any effect upon Agreement completion 29
times, providing that the actual delay does not exceed the float time associated 30
with those activities. 31
E. Coordinating Schedule with Other Agreement Schedules 32
1. Where work is to be performed under this Agreement concurrently with or 33
contingent upon work performed on the same facilities or area under other 34
contracts, the Baseline Schedule shall be coordinated with the schedules of the 35
other contracts. 36
a. Obtain the schedules of the other appropriate contracts from the City for the 37
preparation and updating of Baseline schedule and make the required changes 38
in his schedule when indicated by changes in corresponding schedules. 39
2. In case of interference between the operations of different contractors, the City will 40
determine the work priority of each contractor and the sequence of work necessary 41
to expedite the completion of the entire Project. 42
a. In such cases, the decision of the City shall be accepted as final. 43
b. The temporary delay of any work due to such circumstances shall not be 44
considered as justification for claims for additional compensation. 45
1.5 SUBMITTALS 46
A. Baseline Schedule 47
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
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CONSTRUCTION PROGRESS SCHEDULE
Page 4 of 5
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
1. Submit Schedule in native file format and pdf format. 1
a. Native file format shall be: 2
1) Microsoft Project 3
2. Submit draft baseline Schedule to City prior to the pre-construction meeting and 4
bring in hard copy to the meeting for review and discussion. 5
B. Progress Schedule 6
1. Submit progress Schedule in native file format and pdf format. 7
2. Submit progress Schedule monthly no later than the 25th day of the month. 8
C. Schedule Narrative 9
1. Submit the schedule narrative in pdf format. 10
2. Submit schedule narrative monthly no later than the 25th day of the month. 11
D. Submittal Process 12
1. Contractor shall submit one (1) hard copy of documents to the Project Manager’s 13
duly appointed representative. 14
2. Contractor shall submit documents via email to the Project Manager and their duly 15
appointed representative. 16
3. Once the project has been completed and Final Acceptance has been issued by the 17
City, no further progress schedules are required. 18
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 19
1.7 CLOSEOUT SUBMITTALS [NOT USED] 20
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 21
1.9 QUALITY ASSURANCE 22
A. The person preparing and revising the construction Progress Schedule shall be 23
experienced in the preparation of schedules of similar complexity. 24
B. Schedule and supporting documents addressed in this Specification shall be prepared, 25
updated and revised to accurately reflect the performance of the construction. 26
C. Contractor is responsible for the quality of all submittals in this section meeting the 27
standard of care for the construction industry for similar projects. 28
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 29
1.11 FIELD [SITE] CONDITIONS [NOT USED] 30
1.12 WARRANTY [NOT USED] 31
PART 2 - PRODUCTS [NOT USED] 32
PART 3 - EXECUTION [NOT USED] 33
END OF SECTION 34
Revision Log
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 32 16
CONSTRUCTION PROGRESS SCHEDULE
Page 5 of 5
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
DATE NAME SUMMARY OF CHANGE
1
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 33 00
SUBMITTALS
Page 1 of 8
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
SECTION 01 33 00 1
SUBMITTALS 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. General methods and requirements of submissions applicable to the following 6
Work-related submittals: 7
a. Shop Drawings 8
b. Product Data (including Project Material Submittal Checklist submittals) 9
c. Samples 10
d. Mock Ups 11
B. Deviations from this City of Denton Standard Specification 12
1. None. 13
C. Related Specification Sections include, but are not necessarily limited to: 14
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15
2. Division 1 – General Requirements 16
1.2 PRICE AND PAYMENT PROCEDURES 17
A. Measurement and Payment 18
1. Work associated with this Item is considered incidental to the various items bid. 19
No separate payment will be allowed for this Item. 20
1.3 REFERENCES [NOT USED] 21
1.4 ADMINISTRATIVE REQUIREMENTS 22
A. Coordination 23
1. Notify the City in writing, at the time of submittal, of any deviations in the 24
submittals from the requirements of the Contract Documents. 25
2. Coordination of Submittal Times 26
a. Prepare, prioritize and transmit each submittal sufficiently in advance of 27
performing the related Work or other applicable activities of the Specifications. 28
b. Contractor is responsible such that the installation will not be delayed by 29
processing times including, but not limited to: 30
a) Disapproval and resubmittal (if required) 31
b) Coordination with other submittals 32
c) Testing 33
d) Purchasing 34
e) Fabrication 35
f) Delivery 36
g) Similar sequenced activities 37
c. No extension of time will be authorized because of the Contractor's failure to 38
transmit submittals sufficiently in advance of the Work. 39
40
EXHIBIT A
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
d. Make submittals promptly in accordance with approved schedule, and in such 1
sequence as to cause no delay in the Work or in the work of any other 2
contractor. 3
B. Submittal Numbering 4
1. When submitting shop drawings or samples, utilize a submittal cross-reference 5
identification numbering system in the following manner: 6
a. Use the applicable Specification Section Number. 7
b. For the next 2 digits number use numbers 01-99 to sequentially number each 8
initial separate item or drawing submitted under each specific Section number. 9
c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 10
A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 11
submittal number would be as follows: 12 13
303-02-B 14 15
1) 303 is the Specification Section for Portland Cement Concrete Pavement 16
2) 02 is the second initial submittal under this Specification Section 17
3) B is the third submission (second resubmission) of that particular shop 18
drawing 19
C. Contractor Certification 20
1. Review shop drawings, product data and samples, including those by 21
subcontractors, prior to submission to determine and verify the following: 22
a. Field measurements 23
b. Field construction criteria 24
c. Catalog numbers and similar data 25
d. Conformance with the Contract Documents 26
2. Provide each shop drawing, sample and product data submitted by the Contractor 27
with a Certification Statement affixed including: 28
a. The Contractor's Company name 29
b. Signature of submittal reviewer 30
c. Certification Statement 31
1) “By this submittal, I hereby represent that I have determined and verified 32
field measurements, field construction criteria, materials, dimensions, 33
catalog numbers and similar data and I have checked and coordinated each 34
item with other applicable approved shop drawings." 35
D. Submittal Format 36
1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 37
2. Bind shop drawings and product data sheets together. 38
3. Order 39
a. Cover Sheet 40
1) Description of Packet 41
2) Contractor Certification 42
b. List of items / Table of Contents 43
c. Product Data /Shop Drawings/Samples /Calculations 44
E. Submittal Content 45
1. The date of submission and the dates of any previous submissions 46
EXHIBIT A
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
2. The Project title and number 1
3. Contractor identification 2
4. The names of: 3
a. Contractor 4
b. Supplier 5
c. Manufacturer 6
5. Identification of the product, with the Specification Section number, page and 7
paragraph(s) 8
6. Field dimensions, clearly identified as such 9
7. Relation to adjacent or critical features of the Work or materials 10
8. Applicable standards, such as ASTM or Federal Specification numbers 11
9. Identification by highlighting of deviations from Contract Documents 12
10. Identification by highlighting of revisions on resubmittals 13
11. An 8-inch x 3-inch blank space for Contractor and City stamps 14
F. Shop Drawings 15
1. As specified in individual Sections includes, but is not necessarily limited to: 16
a. Custom-prepared data such as fabrication and erection/installation (working) 17
drawings 18
b. Scheduled information 19
c. Setting diagrams 20
d. Actual shopwork manufacturing instructions 21
e. Custom templates 22
f. Special wiring diagrams 23
g. Coordination drawings 24
h. Individual system or equipment inspection and test reports including: 25
1) Performance curves and certifications 26
i. As applicable to the Work 27
2. Details 28
a. Relation of the various parts to the main members and lines of the structure 29
b. Where correct fabrication of the Work depends upon field measurements 30
1) Provide such measurements and note on the drawings prior to submitting 31
for approval. 32
G. Product Data 33
1. For submittals of product data for products included on the City’s Product Material 34
Submittal Checklist, highlight each item selected for use on the Project. 35
2. For submittals of product data for products not included on the City’s Product 36
Material Submittal Checklist, submittal data may include, but is not necessarily 37
limited to: 38
a. Standard prepared data for manufactured products (sometimes referred to as 39
catalog data) 40
1) Such as the manufacturer's product specification and installation 41
instructions 42
2) Availability of colors and patterns 43
3) Manufacturer's printed statements of compliances and applicability 44
4) Roughing-in diagrams and templates 45
5) Catalog cuts 46
EXHIBIT A
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
6) Product photographs 1
7) Standard wiring diagrams 2
8) Printed performance curves and operational-range diagrams 3
9) Production or quality control inspection and test reports and certifications 4
10) Mill reports 5
11) Product operating and maintenance instructions and recommended 6
spare-parts listing and printed product warranties 7
12) As applicable to the Work 8
3. Submittals of product data for products not included on the City’s Product Material 9
Submittal Checklist may be considered a Substitution in accordance with Section 10
01 25 00. 11
4. All deviations from City’s Product Material Submittal Checklist shall require 12
approval by the Design Professional for the Project. 13
H. Samples 14
1. As specified in individual Sections, include, but are not necessarily limited to: 15
a. Physical examples of the Work such as: 16
1) Sections of manufactured or fabricated Work 17
2) Small cuts or containers of materials 18
3) Complete units of repetitively used products color/texture/pattern swatches 19
and range sets 20
4) Specimens for coordination of visual effect 21
5) Graphic symbols and units of Work to be used by the City for independent 22
inspection and testing, as applicable to the Work 23
I. Do not start Work requiring a shop drawing, sample or product data nor any material to 24
be fabricated or installed prior to the approval or qualified approval of such item. 25
1. Fabrication performed, materials purchased or on-site construction accomplished 26
which does not conform to approved shop drawings and data is at the Contractor's 27
risk. 28
2. The City will not be liable for any expense or delay due to corrections or remedies 29
required to accomplish conformity. 30
3. Complete project Work, materials, fabrication, and installations in conformance 31
with approved shop drawings, applicable samples, and product data. 32
J. Submittal Distribution 33
1. Electronic Distribution 34
a. Provide all submittals in electronic form via email to Project Manager and their 35
duly appointed representative. 36
b. Shop Drawings 37
1) Email submittal to Project Manager and their duly appointed representative. 38
2) Hard Copies 39
a) Not required 40
c. Product Data 41
1) Email submittal to Project Manager and their duly appointed representative. 42
2) Hard Copies 43
a) Not required 44
d. Samples 45
1) Distributed to the Project Manager 46
EXHIBIT A
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
K. Submittal Review 1
1. The review of shop drawings, data and samples will be for general conformance 2
with the design concept and Contract Documents. This is not to be construed as: 3
a. Permitting any departure from the Agreement requirements 4
b. Relieving the Contractor of responsibility for any errors, including details, 5
dimensions, and materials 6
c. Approving departures from details furnished by the City, except as otherwise 7
provided herein 8
2. The review and approval of shop drawings, samples or product data by the City 9
does not relieve the Contractor from his/her responsibility with regard to the 10
fulfillment of the terms of the Agreement. 11
a. All risks of error and omission are assumed by the Contractor, and the City will 12
have no responsibility therefore. 13
3. The Contractor remains responsible for details and accuracy, for coordinating the 14
Work with all other associated work and trades, for selecting fabrication processes, 15
for techniques of assembly and for performing Work in a safe manner. 16
4. If the shop drawings, data or samples as submitted describe variations and show a 17
departure from the Agreement requirements which City finds to be in the interest of 18
the City and to be so minor as not to involve a change in Contract Price or time for 19
performance, the City may return the reviewed drawings without noting an 20
exception. 21
5. Submittals will be returned to the Contractor under 1 of the following codes: 22
a. Code 1 23
1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 24
comments on the submittal. 25
a) When returned under this code the Contractor may release the 26
equipment and/or material for manufacture. 27
b. Code 2 28
1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 29
the notations and comments IS NOT required by the Contractor. 30
a) The Contractor may release the equipment or material for manufacture; 31
however, all notations and comments must be incorporated into the 32
final product. 33
c. Code 3 34
1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 35
assigned when notations and comments are extensive enough to require a 36
resubmittal of the package. 37
a) This resubmittal is to address all comments, omissions and 38
non-conforming items that were noted. 39
b) Resubmittal is to be received by the City within 15 Calendar Days of 40
the date of the City's transmittal requiring the resubmittal. 41
d. Code 4 42
1) "NOT APPROVED" is assigned when the submittal does not meet the 43
intent of the Contract Documents. 44
a) The Contractor must resubmit the entire package revised to bring the 45
submittal into conformance. 46
b) It may be necessary to resubmit using a different manufacturer/vendor 47
to meet the Contract Documents. 48
EXHIBIT A
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
6. Resubmittals 1
a. Handled in the same manner as first submittals 2
1) Corrections other than requested by the City 3
2) Marked with revision triangle or other similar method 4
a) At Contractor’s risk if not marked 5
b. Submittals for each item will be reviewed no more than twice at the City’s 6
expense. 7
1) All subsequent reviews will be performed at times convenient to the City 8
and at the Contractor's expense, based on the City's or City 9
Representative’s then prevailing rates. 10
2) Provide Contractor reimbursement to the City within 30 Calendar Days for 11
all such fees invoiced by the City. 12
c. The need for more than 1 resubmission or any other delay in obtaining City's 13
review of submittals, will not entitle the Contractor to an extension of Contract 14
Time. 15
7. Partial Submittals 16
a. City reserves the right to not review submittals deemed partial, at the City’s 17
discretion. 18
b. Submittals deemed by the City to be not complete will be returned to the 19
Contractor, and will be considered "Not Approved" until resubmitted. 20
c. The City may at its option provide a list or mark the submittal directing the 21
Contractor to the areas that are incomplete. 22
8. If the Contractor considers any correction indicated on the shop drawings to 23
constitute a change to the Contract Documents, then written notice must be 24
provided thereof to the City at least 7 Calendar Days prior to release for 25
manufacture. 26
9. When the shop drawings have been completed to the satisfaction of the City, the 27
Contractor may carry out the construction in accordance therewith and no further 28
changes therein except upon written instructions from the City. 29
10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 30
following receipt of submittal by the City. 31
L. Mock ups 32
1. Mock Up units as specified in these Specifications, include, but are not necessarily 33
limited to, complete units of the standard of acceptance for that type of Work to be 34
used on the Project. Remove at the completion of the Work or when directed. 35
M. Qualifications 36
1. If specifically required in other Sections of these Specifications, submit a P.E. 37
Certification for each item required. 38
N. Request for Information (RFI) 39
1. Contractor Request for additional information 40
a. Clarification or interpretation of the Contract Documents 41
b. When the Contractor believes there is a conflict between Contract Documents 42
c. When the Contractor believes there is a conflict between the Drawings and 43
Specifications 44
1) Identify the conflict and request clarification 45
d. When the Contractor encounters an unknown condition in the field 46
2. Use the Request for Information (RFI) form provided by the City (attached). 47
EXHIBIT A
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STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
3. Numbering of RFI 1
a. Prefix with “RFI” followed by series number, “-xxx”, beginning with “01” and 2
increasing sequentially with each additional transmittal. 3
4. Sufficient information shall be attached to permit a written response without further 4
information. 5
5. The City will log each request and will review the request. 6
a. If review of the project information request indicates that a change to the 7
Contract Documents is required, the City will issue a Construction Change 8
Directive or Change Order, as appropriate. 9
1.5 SUBMITTALS [NOT USED] 10
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 11
1.7 CLOSEOUT SUBMITTALS [NOT USED] 12
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 13
1.9 QUALITY ASSURANCE [NOT USED] 14
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 15
1.11 FIELD [SITE] CONDITIONS [NOT USED] 16
1.12 WARRANTY [NOT USED] 17
PART 2 - PRODUCTS [NOT USED] 18
PART 3 - EXECUTION [NOT USED] 19
END OF SECTION 20
21
Revision Log
DATE NAME SUMMARY OF CHANGE
22
23
EXHIBIT A
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
REQUEST FOR INFORMATION 1
2
Project:
RFI #:
Engineering Project No.: Date Sent:
Sender: Receiver:
Copies To:
3
Subject:
Request:
Sender’s Proposed Answer/Solution:
4
THE PROPOSED ANSWER/SOLUTION IS, IS NOT, INCLUDED IN THE CONTRACT. 5
6
Receiver’s Response:
7
Response By:
Company:
Date:
8
DISTRIBUTION:
9
EXHIBIT A
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SPECIAL PROJECT PROCEDURES
Page 1 of 10
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
SECTION 01 35 13 1
SPECIAL PROJECT PROCEDURES 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. The procedures for special project circumstances that includes, but is not limited to: 6
a. Coordination with the Texas Department of Transportation 7
b. Work near High Voltage Lines 8
c. Confined Space Entry Program 9
d. Excavation Protection 10
e. Air Pollution Watch Days 11
f. Use of Explosives, Drop Weight, Etc. 12
g. Water Utilities Notification 13
h. Public Notification Prior to Beginning Construction 14
i. Coordination with United States Army Corps of Engineers 15
j. Coordination within Railroad permits areas 16
k. Dust Control 17
l. Employee Parking 18
m. Coordination with North Central Texas Council of Governments Clean 19
Construction Specification 20
n. Tree Protection 21
B. Deviations from this City of Denton Standard Specification 22
1. None. 23
C. Related Specification Sections include, but are not necessarily limited to: 24
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 25
2. Division 1 – General Requirements 26
1.2 PRICE AND PAYMENT PROCEDURES 27
A. Measurement and Payment 28
1. Coordination within Railroad permit areas 29
a. Measurement 30
1) Measurement for this Item will be by lump sum. 31
b. Payment 32
1) The work performed and materials furnished in accordance with this Item 33
will be paid for at the lump sum price bid for Railroad Coordination. 34
c. The price bid shall include: 35
1) Mobilization 36
2) Inspection 37
3) Safety training 38
4) Additional Insurance 39
5) Insurance Certificates 40
EXHIBIT A
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SPECIAL PROJECT PROCEDURES
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
6) Other requirements associated with general coordination with Railroad, 1
including additional employees required to protect the right-of-way and 2
property of the Railroad from damage arising out of and/or from the 3
construction of the Project. 4
2. Railroad Flagmen 5
a. Measurement 6
1) Measurement for this Item will be per working day. 7
b. Payment 8
1) The work performed and materials furnished in accordance with this Item 9
will be paid for each working day that Railroad Flagmen are present at the 10
Site. 11
c. The price bid shall include: 12
1) Coordination for scheduling flagmen 13
2) Flagmen 14
3) Other requirements associated with Railroad 15
3. All other items 16
a. Work associated with these Items is considered incidental to the various Items 17
bid. No separate payment will be allowed for this Item. 18
1.3 REFERENCES 19
A. Reference Standards 20
1. Reference standards cited in this Specification refer to the current reference 21
standard published at the time of the latest revision date logged at the end of this 22
Specification, unless a date is specifically cited. 23
2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 24
High Voltage Overhead Lines. 25
3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 26
Specification 27
4. Occupational Health and Safety Administration (OSHA) Standards – 29 CFR Part 28
1910.146 – Permit-Required Confined Spaces 29
1.4 ADMINISTRATIVE REQUIREMENTS 30
A. Coordination with the Texas Department of Transportation 31
1. When work in the right-of-way which is under the jurisdiction of the Texas 32
Department of Transportation (TxDOT): 33
a. Notify the Texas Department of Transportation prior to commencing any work 34
therein in accordance with the provisions of the permit 35
b. All work performed in the TxDOT right-of-way shall be performed in 36
compliance with and subject to approval from the Texas Department of 37
Transportation 38
B. Work near High Voltage Lines 39
1. Regulatory Requirements 40
a. All Work near High Voltage Lines (more than 600 volts measured between 41
conductors or between a conductor and the ground) shall be in accordance with 42
Health and Safety Code, Title 9, Subtitle A, Chapter 752. 43
2. Warning sign 44
a. Provide sign of sufficient size meeting all OSHA requirements. 45
EXHIBIT A
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
3. Equipment operating within 10 feet of high voltage lines will require the following 1
safety features 2
a. Insulating cage-type of guard about the boom or arm 3
b. Insulator links on the lift hook connections for back hoes or dippers 4
c. Equipment must meet the safety requirements as set forth by OSHA and the 5
safety requirements of the owner of the high voltage lines 6
4. Work within 6 feet of high voltage electric lines 7
a. Notification shall be given to: 8
1) The power company (example: Denton Municipal Electric) 9
a) Maintain an accurate log of all such calls to power company and record 10
action taken in each case. 11
b. Coordination with power company 12
1) After notification coordinate with the power company to: 13
a) Erect temporary mechanical barriers, de-energize the lines, or raise or 14
lower the lines 15
c. No personnel may work within 6 feet of a high voltage line before the above 16
requirements have been met. 17
C. Confined Space Entry Program 18
1. Provide and follow approved Confined Space Entry Program in accordance with 19
OSHA 29 CFR Part 1910.146 requirements. 20
2. Confined Spaces include: 21
a. Manholes 22
b. All other confined spaces in accordance with OSHA’s Permit Required for 23
Confined Spaces 24
D. Air Pollution Watch Days 25
1. General 26
a. Observe the following guidelines relating to working on City construction sites 27
on days designated as “AIR POLLUTION WATCH DAYS”. 28
b. Typical Ozone Season 29
1) May 1 through October 31. 30
c. Critical Emission Time 31
1) 6:00 a.m. to 10:00 a.m. 32
2. Watch Days 33
a. The Texas Commission on Environmental Quality (TCEQ), in coordination 34
with the National Weather Service, will issue the Air Pollution Watch by 3:00 35
p.m. on the afternoon prior to the WATCH day. 36
b. Requirements 37
1) Begin work after 10:00 a.m. whenever construction phasing requires the 38
use of motorized equipment for periods in excess of 1 hour. 39
2) However, the Contractor may begin work prior to 10:00 a.m. if: 40
a) Use of motorized equipment is less than 1 hour, or 41
b) If equipment is new and certified by EPA as “Low Emitting“, or 42
equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or 43
alternative fuels such as CNG. 44
E. TCEQ Air Permit 45
1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 46
F. Use of Explosives, Drop Weight, Etc. 47
EXHIBIT A
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
1. When Contract Documents permit on the Project the following will apply: 1
a. Public Notification 2
1) Submit notice to City and proof of adequate insurance coverage, 24 hours 3
prior to commencing. 4
2) Minimum 24-hour public notification in accordance with paragraph 1.4.H 5
of this Section. 6
G. Water Utilities Coordination 7
1. During the construction of this Project, it may be necessary to deactivate, for a 8
period of time, existing lines. The Contractor shall be required to coordinate with 9
Water Utilities to determine the best times for deactivating and activating those 10
lines. 11
2. Coordinate any event that will require connecting to or the operation of an existing 12
City water line system with the City’s representative. 13
a. If needed, obtain a hydrant water meter from Water Utilities for use during the 14
life of named Project. 15
b. In the event that a water valve on an existing live system is required to be 16
turned off or on to accommodate the construction of the Project is required, 17
coordinate this activity through the appropriate City representative. 18
1) Do not operate water line valves of existing water system. 19
a) Failure to comply will render the Contractor in violation of Texas Penal 20
Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 21
will be prosecuted to the full extent of the law. 22
b) In addition, the Contractor will assume all liabilities and 23
responsibilities as a result of these actions. 24
H. Public Notification Prior to Beginning Construction 25
1. Prior to beginning construction on any block in the Project, on a block-by-block 26
basis, prepare and deliver a notice or flyer of the pending construction to the front 27
door of each residence or business that will be impacted by construction. The notice 28
shall be prepared as follows: 29
a. Post notice or flyer 7 days prior to beginning any construction activity on each 30
block in the Project area. 31
1) Prepare flyer on the Contractor’s letterhead and include the following 32
information: 33
a) Name of Project 34
b) Engineering Project Number (EPN) 35
c) Scope of Project (i.e. type of construction activity) 36
d) Actual construction duration within the block 37
e) Name of the contractor’s foreman and phone number 38
f) Name of the City’s inspector and phone number 39
g) City’s after-hours phone number 40
2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 41
A. 42
3) Submit schedule showing the construction start and finish time for each 43
block of the Project to the inspector. 44
4) Deliver flyer to the City Inspector for review prior to distribution. 45
b. No construction will be allowed to begin on any block until the flyer is 46
delivered to all residents of the block. 47
I. Public Notification of Temporary Water Service Interruption during Construction 48
EXHIBIT A
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
1. In the event it becomes necessary to temporarily shut down water service to 1
residents or businesses during construction, prepare and deliver a notice or flyer of 2
the pending interruption to the front door of each affected resident. 3
2. Prepared notice as follows: 4
a. The notification or flyer shall be posted 24 hours prior to the temporary 5
interruption. 6
b. Prepare flyer on the contractor’s letterhead and include the following 7
information: 8
1) Name of the Project 9
2) Date of the interruption of service 10
3) Period the interruption will take place 11
4) Name of the contractor’s foreman and phone number 12
5) Name of the City’s inspector and phone number 13
c. A sample of the temporary water service interruption notification is attached as 14
Exhibit B. 15
d. Deliver a copy of the temporary interruption notification to the City inspector 16
for review prior to being distributed. 17
e. No interruption of water service can occur until the flyer has been delivered to 18
all affected residents and businesses. 19
f. Electronic versions of the sample flyers can be obtained from the Project 20
Construction Inspector. 21
J. Coordination with United States Army Corps of Engineers (USACE) 22
1. At locations in the Project where construction activities occur in areas where 23
USACE permits are required, meet all requirements set forth in each designated 24
permit. 25
K. Coordination within Railroad Permit Areas 26
1. At locations in the Project where construction activities occur in areas where 27
railroad permits are required, meet all requirements set forth in each designated 28
railroad permit. This includes, but is not limited to, provisions for: 29
a. Flagmen 30
b. Inspectors 31
c. Safety training 32
d. Additional insurance 33
e. Insurance certificates 34
f. Other employees required to protect the right-of-way and property of the 35
Railroad Company from damage arising out of and/or from the construction of 36
the Project. Proper utility clearance procedures shall be used in accordance 37
with the permit guidelines. 38
2. Obtain any supplemental information needed to comply with the railroad’s 39
requirements. 40
3. Railroad Flagmen 41
a. Submit receipts to City for verification of working days that railroad flagmen 42
were present on Site. 43
L. Dust Control 44
1. Use acceptable measures to control dust at the Site. 45
a. If water is used to control dust, capture and properly dispose of waste water. 46
b. If wet saw cutting is performed, capture and properly dispose of slurry. 47
EXHIBIT A
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
M. Employee Parking 1
1. Provide parking for employees at locations approved by the City. 2
N. Coordination with North Central Texas Council of Governments (NCTCOG) Clean 3
Construction Specification 4
1. Equipment Requirements 5
a. All construction equipment being used to perform work on the Agreement shall 6
meet EPA emissions standards of Tier 3 or equivalent, or cleaner. Model Form 7
A.14. Schedule for Phase-In of Tier 1-Tier 4 Non-Road Engines is included in 8
Appendix A. Compliance may be achieved through the use of equipment 9
powered by an EPA-certified engine, through engine repowers, or through the 10
use of retrofits which have been verified by the EPA and/or California Air 11
Resources Board. A list of available retrofits is available online at EPA’s 12
website “Verified Technologies List for Clean Diesel.” 13
b. Equipment that meets one or more of the following conditions may be exempt 14
from these requirements: 15
1) Equipment powered by an engine that is less than or equal to ten (10) years 16
old. 17
2) Equipment that must be used to fulfill use or reporting requirements for a 18
grant program or other clean air initiative. Documentation of such 19
obligations must be submitted to City for verification. 20
3) Equipment that is designated as low-use equipment, which is defined as 21
any piece of construction equipment which is used for less than ten (10) 22
hours per week on a single public works contract. A Low-Use Exemption 23
Weekly Reporting Form will be required for all equipment for which this 24
exemption is claimed. 25
4) Equipment that is being used to address a critical or emergency public 26
works need, including, but not limited to, broken water mains or sanitary 27
sewer lines. This exemption is limited to work performed in a situation in 28
which the procurement of construction services is performed on an 29
emergency basis, as provided for by State law. 30
2. Operational Requirements 31
a. All diesel fuel used to perform work on the public works contract shall be 32
Ultra-Low Sulfur Diesel (ULSD) fuel which also complies with Texas Low 33
Emission Diesel (TxLED) program requirements. This may include TxLED- 34
compliant Biodiesel blends. 35
b. The Contractor shall limit idling of equipment to no more than five (5) 36
minutes, unless the idling is applicable to one or more of the following 37
exceptions: 38
1) is being used for emergency response purposes; 39
2) is idling as a necessary component of mechanical operation, maintenance, 40
or diagnostic purposes; or 41
3) is idling for the health or safety of the equipment operator. 42
c. To the greatest extent possible, Contractor shall stage equipment away from, 43
and minimize operation near, sensitive receptors including, but not limited to, 44
fresh air intakes, hospitals, schools, licensed day care facilities, and residences. 45
3. Reporting Requirements 46
EXHIBIT A
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
a. On or before the day construction activity commences, the Contractor shall 1
submit to the City an inventory report containing identifying data for each piece 2
of equipment to be used on the worksite. A form for submitting such 3
information will be provided by the City. This inventory may be used by the 4
City to conduct site inspections and/or verify compliance with specification 5
elements. 6
b. If additional equipment is brought on-site after construction begins, the 7
Contractor shall provide this same inventory information to the City for the new 8
equipment on or before the day it begins work on-site. 9
c. Reports shall be provided for all equipment used on-site. 10
4. Enforcement Requirements 11
a. All construction equipment used at the Site is subject to inspection by the City 12
at random. Contractor is responsible for ensuring that all subcontractors meet 13
the requirements of this specification. 14
O. Tree Protection 15
1. Install tree protection in accordance with the Drawings, if applicable. 16
2. Coordinate with City Building Inspections prior to commencing and earthwork 17
activities to perform an initial tree protection inspection. 18
1.5 SUBMITTALS 19
A. Submittals shall be in accordance with Section 01 33 00. 20
B. All submittals shall be approved by the City prior to delivery. 21
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 22
A. Construction Notice Flyer 23
B. Notice of Temporary Water Service Interruption 24
1.7 CLOSEOUT SUBMITTALS [NOT USED] 25
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26
1.9 QUALITY ASSURANCE [NOT USED] 27
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 28
1.11 FIELD [SITE] CONDITIONS [NOT USED] 29
1.12 WARRANTY [NOT USED] 30
PART 2 - PRODUCTS [NOT USED] 31
PART 3 - EXECUTION [NOT USED] 32
33
EXHIBIT A
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
END OF SECTION 1
2
Revision Log
DATE NAME SUMMARY OF CHANGE
3
EXHIBIT A
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
EXHIBIT A 1
(To be printed on Contractor’s Letterhead) 2
3
4
5
Date: 6
7
EPN No.: 8
Project Name: 9
Limits of Construction: 10
11
12
13 14
15
THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF 16
DENTON, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 17
PROPERTY. 18
19
CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 20
OF THIS NOTICE. 21
22
IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 23
ISSUE, PLEASE CALL: 24
25
26
<CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 27
28
OR 29
30
<CITY INSPECTOR> AT < TELEPHONE NO.> 31
32
33
PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 34
35
EXHIBIT A
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
EXHIBIT B 1
2
Date: 3
4
EPN No.: 5
6
Project Name:_____________________ 7
8
9
NOTICE OF 10
TEMPORARY WATER SERVICE 11
INTERRUPTION 12
13
14
Due to utility improvements in your neighborhood, your water service will be 15
interrupted on ___________________________________________________ 16
between the hours of __________________ and _______________________. 17
18
19
IF YOU HAVE QUESTIONS ABOUT THIS DISRUPTION, PLEASE CALL: 20
21
22
<CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 23
24
OR 25
26
<CITY INSPECTOR> AT < TELEPHONE NO.> 27
28
THIS SERVICE INTERRUPTION WILL BE AS SHORT AS POSSIBLE 29
30
Thank you, 31
_________________________, Contractor 32
EXHIBIT A
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TESTING AND INSPECTION SERVICES
Page 1 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
SECTION 01 45 23 1
TESTING AND INSPECTION SERVICES 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Testing and inspection services procedures and coordination 6
B. Deviations from this City of Denton Standard Specification 7
1. None 8
C. Related Specification Sections include, but are not necessarily limited to: 9
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10
2. Division 1 – General Requirements 11
1.2 PRICE AND PAYMENT PROCEDURES 12
A. Measurement and Payment 13
1. Work associated with this Item is considered incidental to the various Items bid. 14
No separate payment will be allowed for this Item. 15
a. In accordance with Section 13.4 of the General Conditions, Contractor is 16
responsible for performing, coordinating, and payment of all inspections, tests, 17
re-tests, or approvals. 18
b. In accordance with Section 13.4 of the General Conditions, City is responsible 19
for performing and payment for first set additional independent testing chosen 20
by the City to be performed. 21
1) If the first independent test performed by the City fails, the Contractor is 22
responsible for payment of subsequent testing until a passing test occurs. 23
a) Final acceptance will not be issued by City until all required payments 24
for testing by Contractor have been paid in full. 25
1.3 REFERENCES [NOT USED] 26
1.4 ADMINISTRATIVE REQUIREMENTS 27
A. Testing 28
1. Complete testing in accordance with the Contract Documents. 29
2. Coordination 30
a. When testing is required to be performed by the City, notify City, sufficiently 31
in advance, when testing is needed. 32
b. When testing is required to be completed by the Contractor, notify City, 33
sufficiently in advance, that testing will be performed. 34
3. Distribution of Testing Reports 35
a. Electronic Distribution 36
1) Provide all reports to Project Manager and their duly appointed 37
representative electronically via email. 38
4. Provide Project Manager’s duly appointed representative with trip tickets for each 39
delivered load of Concrete or Lime material including the following information: 40
EXHIBIT A
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
a. Name of pit 1
b. Date of delivery 2
c. Material delivered 3
B. Inspection 4
1. Inspection or lack of inspection does not relieve the Contractor from obligation to 5
perform work in accordance with the Contract Documents. 6
1.5 SUBMITTALS 7
A. Submittals shall be in accordance with Section 01 33 00. 8
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 9
A. Materials Testing Reports sealed by a Professional Engineer or Professional 10
Geoscientist licensed in the State of Texas. 11
1.7 CLOSEOUT SUBMITTALS [NOT USED] 12
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 13
1.9 QUALITY ASSURANCE [NOT USED] 14
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 15
1.11 FIELD [SITE] CONDITIONS [NOT USED] 16
1.12 WARRANTY [NOT USED] 17
PART 2 - PRODUCTS [NOT USED] 18
PART 3 - EXECUTION [NOT USED] 19
20
EXHIBIT A
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TESTING AND INSPECTION SERVICES
Page 3 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised September 20, 2018
Effective January 15, 2021
END OF SECTION 1
2
Revision Log
DATE NAME SUMMARY OF CHANGE
3
EXHIBIT A
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TEMPORARY FACILITIES AND CONTROLS
Page 1 of 4
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
SECTION 01 50 00 1
TEMPORARY FACILITIES AND CONTROLS 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Provide temporary facilities and controls needed for the Work including, but not 6
necessarily limited to: 7
a. Temporary utilities 8
b. Sanitary facilities 9
c. Storage Sheds and Buildings 10
d. Dust control 11
e. Temporary fencing of the construction site 12
B. Deviations from this City of Denton Standard Specification 13
1. None. 14
C. Related Specification Sections include, but are not necessarily limited to: 15
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 16
2. Division 1 – General Requirements 17
1.2 PRICE AND PAYMENT PROCEDURES 18
A. Measurement and Payment 19
1. Work associated with this Item is considered incidental to the various Items bid. 20
No separate payment will be allowed for this Item. 21
1.3 REFERENCES [NOT USED] 22
1.4 ADMINISTRATIVE REQUIREMENTS 23
A. Temporary Utilities 24
1. Obtaining Temporary Service 25
a. Make arrangements with utility service companies for temporary services. 26
b. Abide by rules and regulations of utility service companies or authorities 27
having jurisdiction. 28
c. Be responsible for utility service costs until Work is approved for Final 29
Acceptance. 30
1) Included are fuel, power, light, heat and other utility services necessary for 31
execution, completion, testing and initial operation of Work. 32
2. Construction Water 33
a. Contractor to provide water required for and in connection with Work to be 34
performed and for specified tests of piping, equipment, devices or other use as 35
required for the completion of the Work. 36
b. Provide and maintain adequate supply of potable water for domestic 37
consumption by Contractor, if required. 38
c. Coordination 39
1) Contact City 1 week before water for construction is desired 40
EXHIBIT A
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
d. Metering and Payment for Construction Water 1
1) For water system improvements: 2
a) Obtain construction water meter from City to track water usage. Water 3
will be provided at no cost to Contractor. 4
2) For all other projects: 5
a) Obtain construction water meter from City for payment as billed by 6
City’s established rates. 7
3. Electricity and Lighting 8
a. Provide and pay for electric powered service as required for Work, including 9
testing of Work. 10
1) Provide power for lighting, operation of equipment, or other use. 11
b. Electric power service includes temporary power service or generator to 12
maintain operations during scheduled shutdown. 13
4. Telephone 14
a. Provide emergency telephone service at Site for use by Contractor personnel 15
and others performing work or furnishing services at Site. 16
5. Temporary Heat and Ventilation 17
a. Provide temporary heat as necessary for protection or completion of Work. 18
b. Provide temporary heat and ventilation to assure safe working conditions. 19
B. Sanitary Facilities 20
1. Provide and maintain sanitary facilities for persons on Site. 21
a. Comply with regulations of State and local departments of health. 22
2. Enforce use of sanitary facilities by construction personnel at job site. 23
a. Enclose and anchor sanitary facilities. 24
b. No discharge will be allowed from these facilities. 25
c. Collect and store sewage and waste so as not to cause nuisance or health 26
problem. 27
d. Haul sewage and waste off-site at no less than weekly intervals and properly 28
dispose in accordance with applicable regulation. 29
3. Locate facilities near Site and keep clean and maintained throughout Project. 30
4. Remove facilities at completion of Project 31
C. Storage Sheds and Buildings 32
1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 33
above ground level for materials and equipment susceptible to weather damage. 34
2. Storage of materials not susceptible to weather damage may be on blocks off 35
ground. 36
3. Store materials in a neat and orderly manner. 37
a. Place materials and equipment to permit easy access for identification, 38
inspection and inventory. 39
4. Equip building with lockable doors and lighting, and provide electrical service for 40
equipment space heaters and heating or ventilation as necessary to provide storage 41
environments acceptable to specified manufacturers. 42
5. Fill and grade site for temporary structures to provide drainage away from 43
temporary and existing buildings. 44
6. Remove building from site prior to Final Acceptance. 45
D. Temporary Fencing 46
EXHIBIT A
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CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
1. Provide and maintain for the duration or construction when required in Contract 1
Documents 2
E. Dust Control 3
1. Contractor is responsible for maintaining dust control through the duration of the 4
project. 5
a. Contractor remains on-call at all times 6
b. Must respond in a timely manner 7
F. Temporary Protection of Construction 8
1. Contractor or subcontractors are responsible for protecting Work from damage due 9
to weather. 10
1.5 SUBMITTALS [NOT USED] 11
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 12
1.7 CLOSEOUT SUBMITTALS [NOT USED] 13
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 14
1.9 QUALITY ASSURANCE [NOT USED] 15
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 16
1.11 FIELD [SITE] CONDITIONS [NOT USED] 17
1.12 WARRANTY [NOT USED] 18
PART 2 - PRODUCTS [NOT USED] 19
PART 3 - EXECUTION [NOT USED] 20
3.1 INSTALLERS [NOT USED] 21
3.2 EXAMINATION [NOT USED] 22
3.3 PREPARATION [NOT USED] 23
3.4 INSTALLATION 24
A. Temporary Facilities 25
1. Maintain all temporary facilities for duration of construction activities as needed. 26
EXHIBIT A
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TEMPORARY FACILITIES AND CONTROLS
Page 4 of 4
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
3.5 [REPAIR] / [RESTORATION] 1
3.6 RE-INSTALLATION 2
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3
3.8 SYSTEM STARTUP [NOT USED] 4
3.9 ADJUSTING [NOT USED] 5
3.10 CLEANING [NOT USED] 6
3.11 CLOSEOUT ACTIVITIES 7
A. Temporary Facilities 8
1. Remove all temporary facilities and restore area after completion of the Work, to a 9
condition equal to or better than prior to start of Work. 10
3.12 PROTECTION [NOT USED] 11
3.13 MAINTENANCE [NOT USED] 12
3.14 ATTACHMENTS [NOT USED] 13
END OF SECTION 14
15
Revision Log
DATE NAME SUMMARY OF CHANGE
16
EXHIBIT A
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TEMPORARY TREE AND PLANT PROTECTION
Page 1 of 7
CITY OF DENTON Project No: 7985
CONSTRUCTION SPECIFICATIONS - VILLAGES OF CARMEL PARK
February 2023
SECTION 01 56 39
TEMPORARY TREE AND PLANT PROTECTION
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Protection of existing trees and plants that are affected by execution of the Work, including:
1. General protection requirements.
2. Root pruning.
3. Crown pruning.
4. Excavation and regrading.
5. Tree and plant repair and replacement, if required.
1.2 DEFINITIONS
A. Caliper: Diameter of a trunk measured by a diameter tape or the average of the smallest and largest
diameters at a height 6 inches (150 mm) above the ground for trees up to and including 4-inch
(100-mm) size at this height and as measured at a height of 12 inches (300 mm) above the ground for
trees larger than 4-inch (100-mm) size.
B. Caliper (DBH): Diameter breast height; diameter of a trunk as measured by a diameter tape or the
average of the smallest and largest diameters at a height 54 inches (1372 mm) above the ground line for
trees with caliper of 8 inches (200 mm) or greater as measured at a height of 12 inches (300 mm) above
the ground.
C. Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other vegetation
to be protected during construction and indicated on Drawings.
D. Tree-Protection Zone: Area surrounding individual trees or groups of trees to be protected during
construction and defined by a circle concentric with each tree with a radius equal to the diameter of the
drip line unless otherwise indicated.
E. Vegetation: Trees, shrubs, groundcovers, grass, and other plants.
1.3 ADMINISTRATIVE REQUIREMENTS
A. Preinstallation Conference: Conduct conference at Project site.
1. Review methods and procedures related to temporary tree and plant protection including, but not
limited to, the following:
a. Tree-service firm's personnel, and equipment needed to make progress and avoid delays.
b. Arborist's responsibilities.
c. Quality-control program.
d. Coordination of Work and equipment movement with the locations of protection zones.
e. Trenching by hand or with air spade within protection zones.
f. Field quality control.
EXHIBIT A
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CITY OF DENTON Project No: 7985
CONSTRUCTION SPECIFICATIONS - VILLAGES OF CARMEL PARK
February 2023
1.4 SUBMITTALS
A. Submittals shall be in accordance with Section 01 33 00.
B. Product Data: For each type of product.
C. Shop Drawings:
1. Include plans, elevations, sections, and locations of protection-zone fencing and signage, showing
relation of equipment-movement routes and material storage locations with protection zones.
2. Detail fabrication and assembly of protection-zone fencing and signage.
3. Indicate extent of trenching by hand or with air spade within protection zones.
D. Samples: For each type of the following:
1. Organic Mulch: 1-quart (1-L) volume of organic mulch; in sealed plastic bags labeled with
composition of materials by percentage of weight and source of mulch.
2. Protection-Zone Fencing: Assembled Samples of manufacturer's standard size made from full-size
components.
3. Protection-Zone Signage: Full-size Samples of each size and text, ready for installation.
E. Tree Pruning Schedule: Written schedule detailing scope and extent of pruning of trees to remain that
interfere with or are affected by construction.
1. Species and size of tree.
2. Location on site plan. Include unique identifier for each.
3. Reason for pruning.
4. Description of pruning to be performed.
5. Description of maintenance following pruning.
F. Qualification Data: For arborist and tree service firm.
G. Certification: From arborist, certifying that trees indicated to remain have been protected during
construction according to recognized standards and that trees were promptly and properly treated and
repaired when damaged.
H. Maintenance Recommendations: From arborist, for care and protection of trees affected by
construction during and after completing the Work.
I. Existing Conditions: Documentation of existing trees and plantings indicated to remain, which
establishes preconstruction conditions that might be misconstrued as damage caused by construction
activities.
1. Use sufficiently detailed photographs or video recordings.
2. Include plans and notations to indicate specific wounds and damage conditions of each tree or
other plants designated to remain.
J. Quality-control program.
1.5 QUALITY ASSURANCE
A. Arborist Qualifications: Comply with one or more of the following:
1. Certified Arborist as certified by ISA.
2. Certified Arborist-Municipal Specialist as certified by ISA.
EXHIBIT A
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TEMPORARY TREE AND PLANT PROTECTION
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CITY OF DENTON Project No: 7985
CONSTRUCTION SPECIFICATIONS - VILLAGES OF CARMEL PARK
February 2023
3. Licensed arborist in jurisdiction where Project is located.
4. Current member of ASCA.
5. Registered Consulting Arborist as designated by ASCA.
B. Tree Service Firm Qualifications: An experienced tree service firm that has successfully completed
temporary tree and plant protection work similar to that required for this Project and that will assign an
experienced, qualified arborist to Project site during execution of the Work.
C. Quality-Control Program: Prepare a written program to systematically demonstrate the ability of
personnel to properly follow procedures and handle materials and equipment during the Work without
damaging trees and plantings. Include dimensioned diagrams for placement of protection zone fencing
and signage, the arborist's and tree-service firm's responsibilities, instructions given to workers on the
use and care of protection zones, and enforcement of requirements for protection zones.
1.6 FIELD CONDITIONS
A. The following practices are prohibited within protection zones:
1. Storage of construction materials, debris, or excavated material.
2. Moving or parking vehicles or equipment.
3. Foot traffic.
4. Erection of sheds or structures.
5. Impoundment of water.
6. Excavation or other digging unless otherwise indicated.
7. Attachment of signs to or wrapping materials around trees or plants unless otherwise indicated.
B. Do not direct vehicle or equipment exhaust toward protection zones.
C. Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones and
organic mulch.
PART 2 PRODUCTS
2.1 MATERIALS
A. Backfill Soil: Stockpiled soil mixed with planting soil of suitable moisture content and granular texture
for placing around tree; free of stones, roots, plants, sod, clods, clay lumps, pockets of coarse sand,
concrete slurry, concrete layers or chunks, cement, plaster, building debris, and other extraneous
materials harmful to plant growth.
1. Mixture: Well-blended mix of two parts stockpiled soil to one part planting soil.
B. Organic Mulch: Free from deleterious materials and suitable as a top dressing for trees and shrubs,
consisting of one of the following:
1. Type: Ground or shredded bark or wood and bark chips.
2. Size Range: 3 inches (76 mm) maximum, 1/2 inch (13 mm) minimum.
3. Color: Natural.
EXHIBIT A
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CONSTRUCTION SPECIFICATIONS - VILLAGES OF CARMEL PARK
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C. Protection-Zone Fencing: Fencing fixed in position and meeting one of the following requirements:
1. Chain-Link Protection-Zone Fencing: Galvanized-steel fencing fabricated from minimum 2-inch
(50-mm) opening, 0.148-inch- (3.76-mm-) diameter wire chain-link fabric; with pipe posts,
minimum 2-3/8-inch- (60-mm-) OD line posts, and 2-7/8-inch- (73-mm-) OD corner and pull
posts; with 0.177-inch- (4.5-mm-) diameter top tension wire and 0.177-inch- (4.5-mm-) diameter
bottom tension wire; with tie wires, hog ring ties, and other accessories for a complete fence
system.
a. Height: 72 inches (1800 mm), minimum.
2. Wood Protection-Zone Fencing: Constructed of two 2-by-4-inch (50-by-100-mm) horizontal rails,
with 4-by-4-inch (100-by-100-mm) preservative-treated wood posts spaced not more than 96
inches (2400 mm) apart, and lower rail set halfway between top rail and ground.
a. Height: 48 inches (1200 mm),minimum.
3. Plastic Protection-Zone Fencing: Plastic construction fencing constructed of high-density extruded
and stretched polyethylene fabric with 2-inch (50-mm) maximum opening in pattern and weighing
a minimum of 0.4 lb/ft. (0.6 kg/m); remaining flexible from minus 60 to plus 200 deg F (minus 16
to plus 93 deg C); inert to most chemicals and acids; minimum tensile yield strength of 2000 psi
(13.8 MPa) and ultimate tensile strength of 2680 psi (18.5 MPa); secured with plastic bands or
galvanized-steel or stainless-steel wire ties; and supported by tubular or T-shape galvanized-steel
posts spaced not more than 96 inches (2400 mm) apart.
a. Height: 48 inches (1200 mm), minimum.
b. Color: High-visibility orange, nonfading.
4. Gates: Single-swing access gates matching material and appearance of fencing, to allow for
maintenance activities within protection zones; leaf width 24 inches (610 mm), minimum.
D. Protection-Zone Signage: Shop-fabricated, rigid plastic or metal sheet with attachment holes
prepunched and reinforced; legibly printed with nonfading lettering and as follows:
1. Lettering: 3-inch- (75-mm-) high minimum, white ot black characters on red background.
PART 3 EXECUTION
3.1 EXAMINATION
A. Examine the site to verify that temporary erosion- and sedimentation-control measures are in place.
Verify that flows of water redirected from construction areas or generated by construction activity do
not enter or cross protection zones.
B. Prepare written report, endorsed by arborist, listing conditions detrimental to tree and plant protection.
3.2 PREPARATION
A. Locate and clearly identify trees, shrubs, and other vegetation to remain or to be relocated. Flag ot tie a
1-inch (25-mm) blue vinyl tape around each tree trunk at 54 inches (1372 mm) above the ground.
B. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing,
placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive
wetting caused by dewatering operations.
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 56 39
TEMPORARY TREE AND PLANT PROTECTION
Page 5 of 7
CITY OF DENTON Project No: 7985
CONSTRUCTION SPECIFICATIONS - VILLAGES OF CARMEL PARK
February 2023
C. Tree-Protection Zones: Mulch areas inside tree-protection zones and other areas indicated. Do not
exceed indicated thickness of mulch.
1. Apply 2-inch (50-mm) uniform thickness of organic mulch unless otherwise indicated. Do not
place mulch within 6 inches (150 mm) of tree trunks.
3.3 PROTECTION ZONES
A. Protection-Zone Fencing: Install protection-zone fencing along edges of protection zones before
materials or equipment are brought on the site and construction operations begin in a manner that will
prevent people and animals from easily entering protected areas except by entrance gates. Construct
fencing so as not to obstruct safe passage or visibility at vehicle intersections where fencing is located
adjacent to pedestrian walkways or in close proximity to street intersections, drives, or other vehicular
circulation.
1. Chain-Link Fencing: Install to comply with ASTM F 567 and with manufacturer's written
instructions.
2. Posts: Set or drive posts into ground one-third the total height of the fence without concrete
footings. Where a post is located on existing paving or concrete to remain, provide appropriate
means of post support acceptable to Architect.
3. Access Gates: Adjust to operate smoothly, easily, and quietly; free of binding, warp, excessive
deflection, distortion, nonalignment, misplacement, disruption, or malfunction throughout entire
operational range. Confirm that latches and locks engage accurately and securely without forcing
or binding.
B. Protection-Zone Signage: Install protection-zone signage in visibly prominent locations in a manner
approved by Architect. Install one sign spaced approximately every 20 feet (6 m) on protection-zone
fencing, but no fewer than four signs with each facing a different direction.
C. Maintain protection zones free of weeds and trash.
D. Maintain protection-zone fencing and signage in good condition as acceptable to Architect and remove
when construction operations are complete and equipment has been removed from the site.
1. Do not remove protection-zone fencing, even temporarily, to allow deliveries or equipment access
through the protection zone.
2. Temporary access is permitted subject to preapproval in writing by arborist if a root buffer
effective against soil compaction is constructed as directed by arborist. Maintain root buffer so
long as access is permitted.
3.4 EXCAVATION
A. General: Excavate at edge of protection zones and for trenches indicated within protection zones
according to requirements in Section 312000 "Earth Moving" unless otherwise indicated.
B. Trenching within Protection Zones: Where utility trenches are required within protection zones,
excavate under or around tree roots by hand or with air spade, or tunnel under the roots by drilling,
auger boring, or pipe jacking. Do not cut main lateral tree roots or taproots; cut only smaller roots that
interfere with installation of utilities. Cut roots as required for root pruning. If excavating by hand, use
narrow-tine spading forks to comb soil and expose roots.
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 56 39
TEMPORARY TREE AND PLANT PROTECTION
Page 6 of 7
CITY OF DENTON Project No: 7985
CONSTRUCTION SPECIFICATIONS - VILLAGES OF CARMEL PARK
February 2023
C. Redirect roots in backfill areas where possible. If encountering large, main lateral roots, expose roots
beyond excavation limits as required to bend and redirect them without breaking. If encountered
immediately adjacent to location of new construction and redirection is not practical, cut roots
approximately 3 inches (75 mm) back from new construction and as required for root pruning.
D. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth
cover or pack with peat moss and wrap with burlap. Water and maintain in a moist condition.
Temporarily support and protect roots from damage until they are permanently relocated and covered
with soil.
3.5 CROWN PRUNING
A. Prune branches that are affected by temporary and permanent construction. Prune branches as shown
on Drawings, under direction of arborist.
1. Prune to remove only injured, broken, dying, or dead branches unless otherwise indicated. Do not
prune for shape unless otherwise indicated.
2. Do not remove or reduce living branches to compensate for root loss caused by damaging or
cutting root system.
3. Prune trees according to ANSI A300 (Part 1) and as indicated on Drawings.
B. Unless otherwise directed by arborist and acceptable to Architect, do not cut tree leaders.
C. Cut branches with sharp pruning instruments; do not break or chop.
D. Do not paint or apply sealants to wounds.
E. Provide subsequent maintenance pruning during Contract period as recommended by arborist.
F. Chip removed branches and dispose of off-site.
3.6 REGRADING
A. Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope grade
beyond the protection zone. Maintain existing grades within the protection zone.
B. Lowering Grade within Protection Zone: Where new finish grade is indicated below existing grade
around trees, slope grade away from trees as recommended by arborist unless otherwise indicated.
1. Root Pruning: Prune tree roots exposed by lowering the grade. Do not cut main lateral roots or
taproots; cut only smaller roots. Cut roots as required for root pruning.
C. Raising Grade: Where new finish grade is indicated above existing grade around trees, slope grade
beyond the protection zone. Maintain existing grades within the protection zone.
D. Minor Fill within Protection Zone: Where existing grade is 2 inches (50 mm) or less below elevation
of finish grade, fill with backfill soil. Place backfill soil in a single uncompacted layer and hand grade
to required finish elevations.
3.7 FIELD QUALITY CONTROL
A. Inspections: Engage a qualified arborist to direct plant-protection measures in the vicinity of trees,
shrubs, and other vegetation indicated to remain and to prepare inspection reports.
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 56 39
TEMPORARY TREE AND PLANT PROTECTION
Page 7 of 7
CITY OF DENTON Project No: 7985
CONSTRUCTION SPECIFICATIONS - VILLAGES OF CARMEL PARK
February 2023
3.8 REPAIR AND REPLACEMENT
A. General: Repair or replace trees, shrubs, and other vegetation indicated to remain or to be relocated
that are damaged by construction operations, in a manner approved by Architect.
1. Submit details of proposed pruning and repairs.
2. Perform repairs of damaged trunks, branches, and roots within 24 hours according to arborist's
written instructions.
3. Replace trees and other plants that cannot be repaired and restored to full-growth status, as
determined by Architect.
B. Trees: Remove and replace trees indicated to remain that are more than 25 percent dead or in an
unhealthy condition before the end of the corrections period or are damaged during construction
operations that Architect determines are incapable of restoring to normal growth pattern.
1. Small Trees: Provide new trees of same size and species as those being replaced for each tree that
measures 6 inches (150 mm) or smaller in caliper size.
2. Large Trees: Provide one new tree of 6-inch (150-mm) caliper size for each tree being replaced
that measures more than 6 inches (150 mm) in caliper size.
a. Species: As selected by Architect.
C. Excess Mulch: Rake mulched area within protection zones, being careful not to injure roots. Rake to
loosen and remove mulch that exceeds a 2-inch (50-mm) uniform thickness to remain.
D. Soil Aeration: Where directed by Architect, aerate surface soil compacted during construction. Aerate
10 feet (3 m) beyond drip line and no closer than 36 inches (900 mm) to tree trunk. Drill 2-inch-
(50-mm-) diameter holes a minimum of 12 inches (300 mm) deep at 24 inches (600 mm) o.c. Backfill
holes with an equal mix of augered soil and sand.
3.9 DISPOSAL OF WASTE MATERIALS
A. Remove excess excavated material, displaced trees, trash, and debris and legally dispose of off Owner's
property.
END OF SECTION
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 57 13
STORM WATER POLLUTION PREVENTION
Page 1 of 4
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
SECTION 01 57 13 1
STORM WATER POLLUTION PREVENTION 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Procedures for Storm Water Pollution Prevention Plans 6
B. Deviations from this City of Denton Standard Specification 7
1. None. 8
C. Related Specification Sections include, but are not necessarily limited to: 9
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the 10
Contract 11
2. Division 1 – General Requirements 12
1.2 PRICE AND PAYMENT PROCEDURES 13
A. Measurement and Payment 14
1. Construction Activities resulting in less than 1 acre of disturbance 15
a. Work associated with this Item is considered subsidiary to the various Items 16
bid. No separate payment will be allowed for this Item. 17
2. Construction Activities resulting in greater than 1 acre of disturbance 18
a. Measurement for this Item shall be by lump sum. 19
b. Payment 20
1) The work performed and the materials furnished in accordance with this 21
item shall be paid for at the lump sum price bid for “Storm Water Pollution 22
Prevention Plan”, and made in partial payments as follows: 23
a) When 1% of the Contract Sum is earned, 15% of the SWPPP lump sum 24
bid will be paid. 25
b) When 10% of the Contract Sum is earned, 25% of the SWPPP lump 26
sum bid will be paid. Previous payments under the item will be 27
deducted from this amount. 28
c) When 25% of the Contract Sum is earned, 30% of the SWPPP lump 29
sum bid will be paid. Previous payments under the item will be 30
deducted from this amount. 31
d) When 50% of the Contract Sum is earned, 50% of the SWPPP lump 32
sum bid will be paid. Previous payments under the item will be 33
deducted from this amount. 34
e) When 75% of the Contract Sum is earned, 75% of the SWPPP lump 35
sum bid will be paid. Previous payments under the item will be 36
deducted from this amount. 37
f) When 100% of the Contract Sum is earned and final stabilization has 38
been achieved, 100% of the SWPPP lump sum bid will be paid. 39
Previous payments under the item will be deducted from this amount. 40
c. The price bid shall include: 41
1) Preparation of Storm Water Pollution Prevention Plan 42
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 57 13
STORM WATER POLLUTION PREVENTION
Page 2 of 4
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
2) Implementation 1
3) Permitting fees 2
4) Final Stabilization 3
1.3 REFERENCES 4
A. Abbreviations and Acronyms 5
1. Notice of Intent: NOI 6
2. Notice of Termination: NOT 7
3. Storm Water Pollution Prevention Plan: SWPPP 8
4. Texas Commission on Environmental Quality: TCEQ 9
5. Notice of Change: NOC 10
A. Reference Standards 11
1. Reference standards cited in this Specification refer to the current reference 12
standard published at the time of the latest revision date logged at the end of this 13
Specification, unless a date is specifically cited. 14
2. Integrated Storm Management (iSWM) Technical Manual for Construction 15
Controls 16
1.4 ADMINISTRATIVE REQUIREMENTS 17
A. General 18
1. Contractor is responsible for resolution and payment of any fines issued associated 19
with compliance to Stormwater Pollution Prevention Plan. 20
2. As a condition of approval, applicants conducting land disturbing activities will 21
complete the online construction site survey. This survey can be found at 22
https://www.surveymonkey.com/r/dentonconstruction. 23
3. Refer to TCEQ website for further information about stormwater permits at 24
https://www.tceq.texas.gov/permitting/stormwater/construction/TXR15_AIR.html. 25
B. Construction Activities resulting in: 26
1. Less than 1 acre of disturbance 27
a. Provide erosion and sediment control in accordance with Section 31 25 14. 28
2. 1 to less than 5 acres of disturbance 29
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 30
Permit is required 31
b. Complete SWPPP in accordance with TCEQ requirements 32
1) Indicate City is a Secondary Operator 33
2) TCEQ Small Construction Site Notice Required under general permit 34
TXR150000 35
a) Post at job site 36
b) Prior to Preconstruction Meeting, send 1 copy to City Watershed 37
Protection Division, Watershed@cityofdenton.com, Joetta Dailey 38
(940) 349-7153 or Zach Peterson.(940) 349-7141. 39
3) Provide erosion and sediment control in accordance with Section 31 25 14. 40
4) Once the project has been completed and all the closeout requirements of 41
TCEQ have been met, send copy of signed Small Construction Site Notice 42
to Watershed Protection division, Watershed@cityofdenton.com, Joetta 43
Dailey (940) 349-7153 or Zach Peterson (940) 349-7141. 44
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 57 13
STORM WATER POLLUTION PREVENTION
Page 3 of 4
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
3. 5 acres or more of Disturbance 1
a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 2
Permit is required 3
b. Complete SWPPP in accordance with TCEQ requirements 4
1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 5
a) Send copy to City Watershed Protection Division, 6
Watershed@cityofdenton.com, Joetta Dailey (940) 349-7153 or Zach 7
Peterson (940) 349-7141. 8
2) TCEQ Notice of Change required if making changes or updates to NOI 9
3) Provide erosion and sediment control in accordance with Section 31 25 14. 10
4) Once the project has been completed and all the closeout requirements of 11
TCEQ have been met a TCEQ Notice of Termination can be submitted. 12
a) Send copy to City Watershed Protection Division, 13
Watershed@cityofdenton.com, Joetta Dailey (940) 349-7153 or Zach 14
Peterson (940) 349-7141. 15
C. Sites adjacent to or encroaching into Environmentally Sensitive Areas (ESAs): 16
1. Provide tree protective fencing at the boundary of any identified onsite ESAs and 17
approved construction activities that would result in land disturbances. 18
2. Provide signs identifying the area as an ESA and prohibiting construction activity. 19
1.5 SUBMITTALS 20
A. SWPPP 21
1. Submit in accordance with Section 01 33 00, except as stated herein. 22
a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 23
as follows: 24
1) 1 copy to the Project Manager 25
a) Project Manager will forward to the City Watershed Protection 26
Department, Watershed@cityofdenton.com, Joetta Dailey (940) 349-27
7153 or Zach Peterson (940) 349-7141. 28
B. Modified SWPPP 29
1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 30
in accordance with Section 01 33 00. 31
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 57 13
STORM WATER POLLUTION PREVENTION
Page 4 of 4
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1
1.7 CLOSEOUT SUBMITTALS [NOT USED] 2
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 3
1.9 QUALITY ASSURANCE [NOT USED] 4
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 5
1.11 FIELD [SITE] CONDITIONS [NOT USED] 6
1.12 WARRANTY [NOT USED] 7
PART 2 - PRODUCTS [NOT USED] 8
PART 3 - EXECUTION [NOT USED] 9
END OF SECTION 10
Revision Log
DATE NAME SUMMARY OF CHANGE
11
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 58 13
TEMPORARY PROJECT SIGNAGE
Page 1 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
SECTION 01 58 13 1
TEMPORARY PROJECT SIGNAGE 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Temporary Project Signage Requirements 6
B. Deviations from this City of Denton Standard Specification 7
1. None. 8
C. Related Specification Sections include, but are not necessarily limited to: 9
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10
2. Division 1 – General Requirements 11
1.2 PRICE AND PAYMENT PROCEDURES 12
A. Measurement and Payment 13
1. Temporary Project Sign 14
a. Measurement 15
1) Measurement for this Item will be per each project sign installed. 16
b. Payment 17
1) The work performed and materials furnished in accordance with this Item 18
and measured as provided under “Measurement” shall be paid for at the 19
unit price bid per each “Temporary Project Sign.” 20
c. The price bid shall include: 21
1) Installation of Temporary Project Sign 22
2) Excavation 23
3) Hauling 24
4) Disposal of excess Materials 25
5) Maintenance and Repair of Signs During Construction 26
6) Removal and Disposal of Temporary Project Sign 27
1.3 REFERENCES [NOT USED] 28
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 29
1.5 SUBMITTALS [NOT USED] 30
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 31
1.7 CLOSEOUT SUBMITTALS [NOT USED] 32
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 33
1.9 QUALITY ASSURANCE [NOT USED] 34
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 35
1.11 FIELD [SITE] CONDITIONS [NOT USED] 36
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 58 13
TEMPORARY PROJECT SIGNAGE
Page 2 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
1.12 WARRANTY [NOT USED] 1
PART 2 - PRODUCTS 2
2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 3
2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS 4
A. Design Criteria 5
1. Provide free standing Project Designation Sign as indicated below: 6
7
The flag shall resemble the Texas Flag. The background of 8
the stars and the “City of Denton” lettering shall be blue. 9
The lower bar of the flag shall be red, and the upper bar 10
shall be white. The dimensions, from the farthest ends, shall 11
be 12-inches vertically and 23.5-inches horizontally. The 12
flag shall appear in the dimensions shown. The contractor 13
may request a digital copy in either .jpg or .tif format. 14
15
2. The Project Designation Sign shall be placed at strategic points with lettering as 16
needed to adequately describe the Work. 17
3. Signs shall be painted white with blue letters and symbols. Letter size shall conform 18
to dimensions shown on sign drawing. Exceptions or variations from the sign 19
shown above shall not be allowed. 20
B. Materials 21
1. Sign 22
a. Constructed of ¾-inch fir plywood, grade A-C (exterior) or better 23
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 58 13
TEMPORARY PROJECT SIGNAGE
Page 3 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
2.3 ACCESSORIES [NOT USED] 1
2.4 SOURCE QUALITY CONTROL [NOT USED] 2
PART 3 - EXECUTION 3
3.1 INSTALLERS [NOT USED] 4
3.2 EXAMINATION [NOT USED] 5
3.3 PREPARATION [NOT USED] 6
3.4 INSTALLATION 7
A. General 8
1. Provide vertical installation at extents of Project. 9
2. Signs shall be placed prior to beginning the Work and maintained until the end of 10
the Project. 11
3. Relocate sign as needed, upon request of the City. 12
B. Mounting options 13
a. Skids 14
b. Posts 15
c. Barricade 16
3.5 -- 3.12 [NOT USED] 17
3.6 MAINTENANCE 18
A. General 19
1. Maintenance will include painting and repairs as needed or directed by the City. 20
3.7 ATTACHMENTS [NOT USED] 21
END OF SECTION 22
23
Revision Log
DATE NAME SUMMARY OF CHANGE
24
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 66 00
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 1 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
SECTION 01 66 00 1
PRODUCT STORAGE AND HANDLING REQUIREMENTS 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Scheduling of product delivery 6
2. Packaging of products for delivery 7
3. Protection of products against damage from: 8
a. Handling 9
b. Exposure to elements or harsh environments 10
B. Deviations from this City of Denton Standard Specification 11
1. None. 12
C. Related Specification Sections include, but are not necessarily limited to: 13
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 14
2. Division 1 – General Requirements 15
1.2 PRICE AND PAYMENT PROCEDURES 16
A. Measurement and Payment 17
1. Work associated with this Item is considered incidental to the various Items bid. 18
No separate payment will be allowed for this Item. 19
1.3 REFERENCES [NOT USED] 20
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 21
1.5 SUBMITTALS [NOT USED] 22
1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 23
1.7 CLOSEOUT SUBMITTALS [NOT USED] 24
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25
1.9 QUALITY ASSURANCE [NOT USED] 26
1.10 DELIVERY AND HANDLING 27
A. Delivery Requirements 28
1. Schedule delivery of products or equipment as required to allow timely installation 29
and to avoid prolonged storage. 30
2. Provide appropriate personnel and equipment to receive deliveries. 31
3. Delivery trucks will not be permitted to wait extended periods of time on the Site 32
for personnel or equipment to receive the delivery. 33
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 66 00
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 2 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
4. Deliver products or equipment in manufacturer's original unbroken cartons or other 1
containers designed and constructed to protect the contents from physical or 2
environmental damage. 3
5. Clearly and fully mark and identify as to manufacturer, item and installation 4
location. 5
6. Provide manufacturer's instructions for storage and handling. 6
B. Handling Requirements 7
1. Handle products or equipment in accordance with these Contract Documents and 8
manufacturer’s recommendations and instructions. 9
C. Storage Requirements 10
1. Store materials in accordance with manufacturer’s recommendations and 11
requirements of these Specifications. 12
2. Make necessary provisions for safe storage of materials and equipment. 13
a. Place loose soil materials and materials to be incorporated into Work in a 14
manner that prevents damage to any part of Work or existing facilities and that 15
maintains free access at all times to all parts of Work and to utility service 16
company installations in vicinity of Work. 17
3. Keep materials and equipment neatly and compactly stored in locations that will 18
cause minimum inconvenience to other contractors, public travel, adjoining owners, 19
tenants and occupants. 20
a. Arrange storage to provide easy access for inspection. 21
4. Restrict storage to areas available on construction site for storage of material and 22
equipment as shown on Drawings, or approved by Project Manager or their duly 23
authorized representative. 24
5. Provide off-site storage and protection when on-site storage is not adequate. 25
a. Provide addresses of and access to off-site storage locations for inspection by 26
Project Manager or their duly authorized representative. 27
6. Do not use lawns, grass plots or other private property for storage purposes without 28
written permission of owner or other person in possession or control of premises. 29
7. Store in manufacturers’ unopened containers. 30
8. Neatly, safely and compactly stack materials delivered and stored along line of 31
Work to avoid inconvenience and damage to property owners and general public 32
and maintain at least 3 feet from fire hydrant. 33
9. Keep public and private driveways and street crossings open. 34
10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35
satisfaction of Project Manager or their duly authorized representative. 36
a. Total length which materials may be distributed along route of construction at 37
one time is 1,000 linear feet, unless otherwise approved in writing by Project 38
Manager. 39
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 66 00
PRODUCT STORAGE AND HANDLING REQUIREMENTS
Page 3 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
1.11 FIELD [SITE] CONDITIONS [NOT USED] 1
1.12 WARRANTY [NOT USED] 2
PART 2 - PRODUCTS [NOT USED] 3
PART 3 - EXECUTION 4
3.1 -3.6 [NOT USED] 5
3.2 FIELD [OR] SITE QUALITY CONTROL 6
A. Tests and Inspections 7
1. Inspect all products or equipment delivered to the site prior to unloading. 8
B. Non-Conforming Work 9
1. Reject all products or equipment that are damaged, used or in any other way 10
unsatisfactory for use on the Project. 11
3.3 SYSTEM STARTUP [NOT USED] 12
3.4 ADJUSTING [NOT USED] 13
3.5 CLEANING [NOT USED] 14
3.6 CLOSEOUT ACTIVITIES [NOT USED] 15
3.7 PROTECTION 16
A. Protect all products or equipment in accordance with manufacturer's written directions. 17
B. Store products or equipment in location to avoid physical damage to items while in 18
storage. 19
C. Protect equipment from exposure to elements and keep thoroughly dry if required by 20
the manufacturer. 21
3.8 MAINTENANCE [NOT USED] 22
3.9 ATTACHMENTS [NOT USED] 23
END OF SECTION 24
Revision Log
DATE NAME SUMMARY OF CHANGE
25
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 70 00
MOBILIZATION AND REMOBILIZATION
Page 1 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
SECTION 01 70 00 1
MOBILIZATION AND REMOBILIZATION 2
PART 1 - GENERAL 3
1.1 SUMMARY 4
A. Section Includes: 5
1. Mobilization and Demobilization 6
a. Mobilization 7
1) Transportation of Contractor’s personnel, equipment, and operating supplies 8
to the Site 9
2) Establishment of necessary general facilities for the Contractor’s operation 10
at the Site 11
3) Premiums paid for performance and payment bonds 12
4) Transportation of Contractor’s personnel, equipment, and operating supplies 13
to another location within the designated Site 14
5) Relocation of necessary general facilities for the Contractor’s operation 15
from 1 location to another location on the Site. 16
b. Demobilization 17
1) Transportation of Contractor’s personnel, equipment, and operating supplies 18
away from the Site including disassembly 19
2) Site Clean-up 20
3) Removal of all buildings and/or other facilities assembled at the Site for this 21
Contract 22
c. Mobilization and Demobilization do not include activities for specific Items of 23
Work for which payment is provided elsewhere in the contract. 24
2. Remobilization 25
a. Remobilization for suspension of Work specifically required in the Contract 26
Documents or as required by City includes: 27
1) Demobilization 28
a) Transportation of Contractor’s personnel, equipment, and operating 29
supplies from the Site including disassembly or temporarily securing 30
equipment, supplies, and other facilities as designated by the Contract 31
Documents necessary to suspend the Work. 32
b) Site Clean-up as designated in the Contract Documents 33
2) Remobilization 34
a) Transportation of Contractor’s personnel, equipment, and operating 35
supplies to the Site necessary to resume the Work. 36
b) Establishment of necessary general facilities for the Contractor’s 37
operation at the Site necessary to resume the Work. 38
3) No Payments will be made for: 39
a) Mobilization and Demobilization from one location to another on the 40
Site in the normal progress of performing the Work. 41
b) Stand-by or idle time 42
c) Lost profits 43
44
45
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 70 00
MOBILIZATION AND REMOBILIZATION
Page 2 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
B. Deviations from this City of Denton Standard Specification 1
1. None. 2
C. Related Specification Sections include, but are not necessarily limited to: 3
1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 4
2. Division 1 – General Requirements 5
1.2 PRICE AND PAYMENT PROCEDURES 6
A. Measurement and Payment 7
1. Mobilization and Demobilization 8
a. Measurement 9
1) This Item will be measured by the lump sum as the work progresses. 10
b. Payment 11
1) For this Item, the adjusted Contract Sum will be calculated as the total 12
Contract Sum less the lump sum for mobilization. Mobilization shall be 13
made in partial payments as follows: 14
a) When 1% of the adjusted Contract Sum for construction Items is 15
earned, 25% of the mobilization lump sum bid will be paid. 16
b) When 25% of the adjusted Contract Sum for construction Items is 17
earned, 50% of the mobilization lump sum bid will be paid. Previous 18
payments under the Item will be deducted from this amount. 19
c) When 50% of the adjusted Contract Sum for construction Items is 20
earned, 75% of the mobilization lump sum bid will be paid. Previous 21
payments under the Item will be deducted from this amount. 22
d) When 75% of the adjusted Contract Sum for construction Items is 23
earned, 100% of the mobilization lump sum bid will be paid. Previous 24
payments under the Item will be deducted from this amount. 25
e) A bid containing a total for “Mobilization” in excess of 10% of 26
total contract shall be considered unbalanced and a cause for 27
consideration of rejection. 28
c. The price bid shall include: 29
1) Mobilization of equipment to Site 30
2) Performance Bond 31
3) Payment Bond 32
4) Maintenance Bond 33
5) Remobilization as identified in the Contract Documents 34
6) Demobilization 35
d. No payments will be made for standby, idle time, or lost profits associated this 36
Item. 37
2. Remobilization for suspension of Work not identified in the Contract Documents, 38
as required by City 39
a. Measurement and Payment 40
1) This shall be submitted as a Contract Claim in accordance with Article 15 41
of Section 00 72 00. 42
2) No payments will be made for standby, idle time, or lost profits associated 43
with this Item. 44
1.3 REFERENCES [NOT USED] 45
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 46
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
01 70 00
MOBILIZATION AND REMOBILIZATION
Page 3 of 3
CITY OF DENTON CSP# 7985
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 23, 2020
Effective January 15, 2021
1.5 SUBMITTALS [NOT USED] 1
1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2
1.7 CLOSEOUT SUBMITTALS [NOT USED] 3
1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4
1.9 QUALITY ASSURANCE [NOT USED] 5
1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6
1.11 FIELD [SITE] CONDITIONS [NOT USED] 7
1.12 WARRANTY [NOT USED] 8
PART 2 - PRODUCTS [NOT USED] 9
PART 3 - EXECUTION [NOT USED] 10
END OF SECTION 11
12
Revision Log
DATE NAME SUMMARY OF CHANGE
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
EXHIBIT A
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
KEY PERSONNEL RESUME FORM
Offerors may attach an organizational chart (maximum of 1 page) as supporting documentation. Please list the key
team members that will be assigned to the Project. The Offeror should, at a minimum, provide personnel experience
for the Project Manager, Superintendent, and the Foreman/Foremen. Past experience projects should demonstrate
experience in the categories listed in 12.2.2.7 of Section 00 21 16 – Instructions to Offerors.
NAME:
JOB TITLE:
LICENSES AND CERTIFICATIONS: _______________________________________________________________
TOTAL YEARS OF EXPERINCE: ________________________________________________________________
TOTAL YEARS WITH CURRENT FIRM:
RELEVANT EXPERIENCE WITHIN LAST 5YRS., INCLUDE PROJECT ROLES AND RESPONSIBILITIES.
IDENTIFY IF PROJECTS WERE COMPLETED WITH CURRENT OR PREVIOUS FIRM:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
LIST OTHER ACTIVE PROJECTS FOR THE DURATION OF THIS PROJECT AND INCLUDE PERCENTAGE
OF TIME ALLOCATED FOR EACH: _____________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
EXHIBIT C
Ensurie excellence in construction management for pre-construction to close-out
Apply value engineering principles to optimize performance and cost
Coordinating with Owner and Engineers
Manage budget with focus on efficiency and accountability
Overseeing cost estimating, scheduling and job planning
Leading and coordinating complex civil projects
OSHA 10-Hour Certification
Storm Water Pollution Prevention (SW3P) Certified
Registered Profession Engineer - State of Texas - Certificate #71319
End April, 2025
End July, 2025
Dallas County - Harry Hines Multimodal - 15%
City of Fort Worth - Three (3) Parks - 25%
32
39
P.E. License - Texas
President /Senior Project Manager
Michael A. Heimlich
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
NAME:
JOB TITLE:
LICENSES AND CERTIFICATIONS: _______________________________________________________________
TOTAL YEARS OF EXPERINCE: ________________________________________________________________
TOTAL YEARS WITH CURRENT FIRM:
RELEVANT EXPERIENCE WITHIN LAST 5YRS., INCLUDE PROJECT ROLES AND RESPONSIBILITIES.
IDENTIFY IF PROJECTS WERE COMPLETED WITH CURRENT OR PREVIOUS FIRM:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
LIST OTHER ACTIVE PROJECTS FOR THE DURATION OF THIS PROJECT AND INCLUDE PERCENTAGE
OF TIME ALLOCATED FOR EACH: _____________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
NAME:
JOB TITLE:
LICENSES AND CERTIFICATIONS: _______________________________________________________________
TOTAL YEARS OF EXPERINCE: ________________________________________________________________
TOTAL YEARS WITH CURRENT FIRM:
RELEVANT EXPERIENCE WITHIN LAST 5YRS., INCLUDE PROJECT ROLES AND RESPONSIBILITIES.
IDENTIFY IF PROJECTS WERE COMPLETED WITH CURRENT OR PREVIOUS FIRM:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
EXHIBIT C
Overseeing on-site teams and ensuring compliance with quality and safety standars
Coordinate with Owners and Engineers to maintain clear communication
Managing project planning, scheduling and budget control
Develop accurate cost estimates and value engineering solutions
Directing and coordinating all phases of construction
Maintain effective communication with Project Manager, Engineer and field teams
Monitor project quality to meet all specified requirements and expectations.
Enforce strict safety standards, ensuring all personnel follow approved safety practices
Supervise daily construction activities and coordinate subcontractor and crew
11 Years
15 Years
OSHA 30 Hour, OSHA 10 Hour, SW3P Certified
General Superintendent
Joshua S. Downing
Dallas County - Harry Hines Multimodal - 20% End April, 2025
City of Fort Worth - Three (3) Parks - 40% End July, 2025
15 Years
16 Years
SW3P Certifed, OSHA 10 Hour, Traffic Control
Project Manager
Lucas S. Heimlich
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
LIST OTHER ACTIVE PROJECTS FOR THE DURATION OF THIS PROJECT AND INCLUDE PERCENTAGE
OF TIME ALLOCATED FOR EACH: _____________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
NAME:
JOB TITLE:
LICENSES AND CERTIFICATIONS: _______________________________________________________________
TOTAL YEARS OF EXPERINCE: ________________________________________________________________
TOTAL YEARS WITH CURRENT FIRM:
RELEVANT EXPERIENCE WITHIN LAST 5YRS., INCLUDE PROJECT ROLES AND RESPONSIBILITIES.
IDENTIFY IF PROJECTS WERE COMPLETED WITH CURRENT OR PREVIOUS FIRM:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
LIST OTHER ACTIVE PROJECTS FOR THE DURATION OF THIS PROJECT AND INCLUDE PERCENTAGE
OF TIME ALLOCATED FOR EACH: _____________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
EXHIBIT C
Dallas County - Harry Hines Multimodal - 100% End April, 2025
Knowledgeable in safety protocols and environmental regulations
Effective management reporting and field documentation
SW3P (Storm Water Pollution Prevention Plan) compliance
Utility installation: water, sanitary sewer, storm drain
Concrete construction expertise
Skilled in interpreting and implementing engineering and architectural blueprints
Strong background in supervising construction crews and subcontractors
Proficient in organizing overall construction operations and logistics
12 Years
14 Years
OSHA 10 Hour, SW3P Certified
Project Superintendent
Eduardo Adame
Site management
Identify and resolve field issues to avoid delays or compromises quality.
Dallas County - Harry Hines Multimodal - 25% End April, 2025
City of Fort Worth - Eight (8) Parks - 50% End July, 2025
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
NAME:
JOB TITLE:
LICENSES AND CERTIFICATIONS: _______________________________________________________________
TOTAL YEARS OF EXPERINCE: ________________________________________________________________
TOTAL YEARS WITH CURRENT FIRM:
RELEVANT EXPERIENCE WITHIN LAST 5YRS., INCLUDE PROJECT ROLES AND RESPONSIBILITIES.
IDENTIFY IF PROJECTS WERE COMPLETED WITH CURRENT OR PREVIOUS FIRM:
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
LIST OTHER ACTIVE PROJECTS FOR THE DURATION OF THIS PROJECT AND INCLUDE PERCENTAGE
OF TIME ALLOCATED FOR EACH: _____________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
EXHIBIT C
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
EXHIBIT D
ALTERNATES
NONE
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
EXHIBIT E
ALLOWANES
NONE
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
EXHIBIT F
To:From:
PROJ.:
RFP:7985
ENG
PMO:
Item
No.Spec. Section No.Description UOM BID QTY Unit Price Extended Price
1 Demolition - (Includes existing barn cleanup, walk, utilities, etc.) per sheets G2.0 LS 1 36,000.00$ $ 36,000.00
2 Mobilization LS 1 136,000.00$ $ 136,000.00
3
Temporary Construction Fencing - per Specification, around the entire site perimeter
and also includes maintenance of and the removal of this fencing after substantial
completion, to be coordinated and approved by owner.
LF 2,160 4.50$ $ 9,720.00
4 Tree Bark Protection - Per Sheets TP101, TP401, TP402, TP602 EA 170 300.00$ $ 51,000.00
5 Tree Protection Fencing - Per Sheets TP101, TP401, TP402, TP602 LF 6,784 2.50$ $ 16,960.00
6
Tree Removal, Clearing, & Site Prep - to include grubbing and stumb grinding as
necessary, and removal of site trash piles and debris; materials to be removed cleanly
and disposed of off-site at contractor's expense, per sheets G2.0, TP101, TP401, TP402
LS 1 84,000.00$ $ 84,000.00
7
Tree Pruning and Underbrush Clearing - to include removal of site trash piles and
debris, materials to be cleanly removed and disposed of off site at contractors expense
per sheets G2.0 and TP101, TP401, TP402
LS 1 26,000.00$ $ 26,000.00
8 Erosion Control - to include 12" Filter Tube, concrete washout, construction exit per
sheet C1.1 & C1.10 LS 1 35,000.00$ $ 35,000.00
9
Earthwork - to include all rough grading for walks, pavilion, playground areas, open
spaces, backfill, etc.; includes all importing or offsite removal of excess fill as
necessary, per sheets LG3.1 & LG3.2
LS 1 118,000.00$ $ 118,000.00
10 Grade Maintenance for Site - to include fine grading, backfilling, and topsoil as
indicated on drawings, etc. to perform site work LS 1 20,000.00$ $ 20,000.00
11
Permeable Concrete Paving - 6" depth, to include all necessary jointing and thickended
edges, US Concrete Pervious Concrete per sheets LS102, LS401, LS502 (Ref. detail 4 on
sheet LS502)
SF 25,581 10.00$ $ 255,810.00
12 Standard Park Monument Sign preparation, pad and footings (sign provided by
Owner)LS 1 1,000.00$ $ 1,000.00
13 12" Concrete Mow Curb (P7) - 12" width and 6" thickness per sheets LS102, LS401,
LS502 (Ref. Detail 9 on sheet LS502)LF 1,162 25.00$ $ 29,050.00
14 Playground Containment Curb (P8) - 12" Width and 10" thickness per sheets LS401,
LS502 (Ref. Detail 5 on sheet LS502)LF 66 43.00$ $ 2,838.00
15 Accessible Barrier Free Ramp - Per sheets LS102, LS401, LS503 (Ref. Detail 3 on Sheet
LS503)EA 4 8,600.00$ $ 34,400.00
16 Decomposed Granite - delivered and installed, includes weed barrier per sheets
LP101, LP401, & LS502 (Ref. Detail 8 on Sheet LS502)SF 390 6.00$ $ 2,340.00
17 Soft Surface Trail (P3) - delivered and installed, includes geogrid, geotextile, etc. per
sheets LS102 & LS503 (Ref. Detail 1 & 2 on Sheet LS503)SF 7,550 5.60$ $ 42,280.00
18 Stone Blocks - 72"L 24"W 24" HT, delivered and installed per sheets LS102 & LS503 EA 37 1,500.00$ $ 55,500.00
19 Playground Surface Prep, Base & Drainage System - Includes installation, drainage
system, base materials, and misc. items per sheet LS401 & LS502 LS 1 8,000.00$ $ 8,000.00
20 Playground Safety Surfacing (Pour in Place) - include installation, base materials, and
misc. items per sheet LS401 & LS502 SF 5,310 41.00$ $ 217,710.00
21 Playground Equipment - includes delivery, installation, footing and misc. items per
sheet LS401 LS 1 275,000.00$ $ 275,000.00
22
Pavilion - includes renovation work consiting of demolition, structural reinforcement,
architectural façade, roofing refurbishment, new guttering, Bar countertop, and other
architectural details per sheets AD1.0, A1.0, A3.1, S1.0, S4.0, S5.0,LS504
LS 1 45,000.00$ $ 45,000.00
23 Bed Prep - per sheet LP101, LP401, LP501 SF 2,231 7.00$ $ 15,617.00
24 1 Gal. Ornamental Grass - (Includes 39 Little Bluestem, Schizachyrium Scoparium)
delivered, planted, and guaranteed per sheets LP101, LP401, LP501 EA 39 22.00$ $ 858.00
25
3 Gal. Ornamental Grass - (Includes 18 Indiangrass, Sorghastrum Nutans & 7 Inland
Sea Oats, Chasmanthium Latifolium) delivered, planted, and guaranteed per sheets
LP101, LP401, LP501
EA 25 43.00$ $ 1,075.00
OFFEROR'S APPLICATION - UNIT PRICE PROPOSAL
UNIT PRICE BAFO PROPOSAL FORM - CSP
City of Denton - Capital Projects Northstar Construction LLC
901-B Texas Street 2112 Solona Street
Denton, TX 76209 Haltom City, TX 76117
Erica Garcia/Purchasing Dept.MICHAEL A. HEIMLICH
Villages of Carmel Park Construction (817) 244-8885
mike@northstar93.com
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
26
1 Gal. Shrubs - (Includes 341 SF Wood Fern, Thelypteris Kunthii, 77 SF Lance Leaf
Coreopsis, Coreopsis Lancelata, 512 SF Scarlet Sage, Salvia coccinea)delivered,
planted, and guaranteed per sheets LP101, LP401, LP501
SF 930 14.50$ $ 13,485.00
27 3 Gal. Shrubs - ( Includes 21 Dwarf Palmetto, Sabal Minor, 10 Beautyberry, Callicarpa
Americana)delivered, planted, and guaranteed per sheets LP101, LP401, LP501 EA 31 55.00$ $ 1,705.00
28
5 Gal. Shrubs - (Includes 4 Dwarf Wax Myrtle, Myrica Cerifera, 6 Turks Cap,
Malvaviscus Arboreus var. Drummondii, & 10 Red Yucca, Hesperaloe Parviflora)
delivered, planted, and guaranteed per sheets LP101, LP401, LP501
EA 20 68.00$ $ 1,360.00
29 Buffalo Sod - Per Sheet LP101, LP401, and Specifications SF 31,972 1.25$ $ 39,965.00
30 2" Mulch - Per Sheet LP101 and Specifications CY 15 105.00$ $ 1,575.00
31 Native American Seed Shade- Friendly Wildflower Mix - Hydroseed Applicataion, Per
Sheet LP101,LP401,LP501 and Specifications SF 36,938 0.30$ $ 11,081.40
32 Landscape Boulder - Salvaged and installed per Sheet LP101,LP401, LS502, and
Specifications LS 1 26,000.00$ $ 26,000.00
33 Colorado' River Rock - Delievered and installed, per Sheets LP101,LP401,LP501,
and Specifications SF 309 16.00$ $ 4,944.00
34 Irrigation System - Includes valves, main lines, drip, etc., per sheets LI101, LI102, LI103,
and Specifications LS 1 20,000.00$ $ 20,000.00
35 Irrigation Controler - Includes Motorola 12 Station AC Irrinet-M Pedestal Mount
model per sheets LI101,LI103, and Specifications LS 1 20,000.00$ $ 20,000.00
36 Cistern Havesting System - Delivered and installed per sheet LI102 and Specifications LS 1 72,000.00$ $ 72,000.00
37
New Electric Service and Site Lighting System - includes concrete pad, mounting,
weatherproof enclosure, panel boards, contractors, site lighting poles, pole
foundations, pavilion light fixtures, mounting, and all conduit/wiring, etc., per sheet E-
1 & E-2,S1.0 and Specifications
LS 1 278,000.00$ $ 278,000.00
38 Well Pump Refurbishment - Per Specifications LS 1 20,000.00$ $ 20,000.00
39 Geogrid / geocells for Tree Root Protection - Per Sheet LS502 (Ref. Detail 4 on Sheet
LS502) and Specifications SF 33,131 4.00$ $ 132,524.00
40 Square Table - Per sheet LS102, LS401, LS501(Ref. Detail 1 on Sheet LS501),and
Specifications EA 4 4,480.00$ $ 17,920.00
41 Accessible Square Table - Per sheet LS102, LS401, LS501 (Ref. Detail 2 on Sheet LS501),
and Specifications EA 2 3,880.00$ $ 7,760.00
42 Picnic Table - Per Sheet LS102, LS401, LS501(Ref. Detail 3 on Sheet LS501), and
Specifications EA 2 7,600.00$ $ 15,200.00
43 Accessible Picnic Table - Per Sheet LS102, LS401, LS501, (Ref. Detail 4 on Sheet
LS501)and Specifications EA 1 7,900.00$ $ 7,900.00
44 Bar Stool Chair - Per Sheet LS102, LS401, LS501(Ref. Detail 5 on Sheet LS501) and
Specifications EA 6 1,130.00$ $ 6,780.00
45 6' Bench - Per Sheet LS102, LS401, LS501(Ref. Detail 6 on Sheet LS501), and
Specifications EA 3 2,480.00$ $ 7,440.00
46 Grill - Per Sheet LS102, LS401, LS502 (Ref. Detail 1 on Sheet LS502) and Specifications EA 1 697.00$ $ 697.00
47 Dog Waste Station - Per Sheet LS102, LS401, LS502(Ref. Detail 2 on Sheet LS502) and
Specifications EA 2 750.00$ $ 1,500.00
48 Trash Receptacle - Per Sheets LS102, LS401, and Specifications EA 6 1,400.00$ $ 8,400.00
49 Bike Rack - Per Sheets LS102, LS401, LS504 (Ref. Detail 1 on Sheet LS504) and
Specifications EA 8 500.00$ $ 4,000.00
50 Cast In Place Concrete Steps - Per Sheets LS102, LS401, LS504 (Ref. Detail 2 on Sheet
LS501), and Specifications SF 172 75.00$ $ 12,900.00
51
Color Conditioned Concrete Pedestrian Paving - 6" depth, to include all necessary
jointing and thickened edges, and colored conditioned per sheets LS401, LS506, and
Specifications
SF 2,759 17.00$ $ 46,903.00
52 Retaining Wall - Per Sheet LS401, LS502 (Ref. Detail 7 on Sheet LS502) LG3.1,LG3.2,
and Specifications. Area is square footage of wall face.SF 590 169.00$ $ 99,710.00
53 Concrete Drive And Parking Lot - Per Sheet LS102, LS401, City of Denton Standard
Details and Specifications SF 5,414 11.40$ $ 61,719.60
54 Handrails (at ramps and stairs)- Per sheets LS401, LS503, LS504, and Specifications LF 380 95.00$ $ 36,100.00
55 ADA Parking Signage - Per sheets LS102 and Specifications EA 1 450.00$ $ 450.00
56 Parking Lot Striping - Per Sheets LS102 and Specifications LS 1 2,200.00$ $ 2,200.00
57 Storm Water Polution Prevention Plan and Implementation - Per Section 015713 LS 1 1,500.00$ $ 1,500.00
58 Drainage Grate - Neenah Foundry- 20” x 24” Type A Grate, Product ID:R-4990-FX A
(H20 load rating), or approved equal LS 1 34,000.00$ $ 34,000.00
$2,534,877.00
$2,534,877.00
TOTAL BASE PROPOSAL:
7985 Villages of Carmel Park Construction TOTAL PROPOSAL:
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
EXHIBIT G
INITIAL SCHEDULE OF VALUES
NONE
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
City of Denton
90 1-8 Texas Street
Denton, Texas 76209
~A~ NORTHSTAR ,~, CONSTRUCTION, LLC
RE: CSP 7985 Villages of Carmel Park Construction
Written Plan to Achieve Substantial Completion
To whom it may concern,
February 19, 2025
Thank you for the opportunity for us to provide a proposal. Northstar is excited about the
prospect of being involved with such an innovative project. We do see opportunities to
value engineering some of the design to assist with completing this project within
budget and on time. We have completed every single project in our history within the
contract allotted time and we believe this project will be no different.
The project will rely on extensive coordination. We take pride in our experience and
quality of work that can be verified with many of the cities and park departments across
North Texas.
Our sequencing would begin with submittals, followed up by a site visit with the
engineer and all parties involved. Tree preservation is of the upmost importance and
evaluating the site prior to construction will be critical to accomplishing this.
Once construction begins (Phase 1), we will focus on tree protection, selective tree
removal and underbrush pruning and clearing. Secondly, site demolition of debris would
follow. The access to this core of this project is limited and will need to be focused on as
early as possible to maintain the critical path to completion. Once the interior of the
project has been completed, (barn, well repairs, playgrounds, walls decorative concrete
and ramps) we would move onto Phase 2. Phase 2 would consist of constructing the
amphitheater and permeable walking trails . Phase 3 would follow with irrigation,
planting, and parking lot construction . Lastly, Phase 4 would be fine grading, grass
establishment, and amenity installations.
I have also attached a baseline schedule which includes more details and key dates.
Thank you again for the opportunity to bid on such an exciting and innovating project.
Sincerely,
NORTHSTAR CONSTRUCTION, LLC
fl1L1a \J4~
Michael A. Heimlich
President
817-244-8885 PHONE -2112 SOLONA STREET -FORT WORTH, TX 76117 -817-244-8886 FAX
EXHIBIT H
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
ID Task Name Duration Start Finish
1 Villages of Carmel Property 300 days Mon 4/14/25 Sat 2/7/26
2 Moblization, Demolition, Site Prep 36 days Mon 4/14/25 Mon 5/19/25
3 Mobilization 2 days Mon 4/14/25 Tue 4/15/25
4 Erosion Control 2 days Wed 4/16/25 Thu 4/17/25
5 Tree Protection/Prunning 12 days Fri 4/18/25 Tue 4/29/25
6 Demolition/Tree Removal 20 days Wed 4/30/25 Mon 5/19/25
7 Grading & Drainage 31 days Tue 5/20/25 Thu 6/19/25
8 Earthwork 25 days Tue 5/20/25 Fri 6/13/25
9 Drainage 6 days Sat 6/14/25 Thu 6/19/25
10 Pavilion Construction 23 days Fri 6/20/25 Sat 7/12/25
11 Removals/Salavage 8 days Fri 6/20/25 Fri 6/27/25
12 Pavilion Construction 15 days Sat 6/28/25 Sat 7/12/25
13 Well Repair and Commisioning 5 days Sun 7/13/25 Thu 7/17/25
14 Well Construction 5 days Sun 7/13/25 Thu 7/17/25
15 Cistern/Pumps 9 days Fri 7/18/25 Sat 7/26/25
16 Cistern Pad 4 days Fri 7/18/25 Mon 7/21/25
17 Cistern and Pumps Installation 5 days Tue 7/22/25 Sat 7/26/25
18 Electrical Underground 12 days Fri 6/20/25 Tue 7/1/25
19 Electrical Conduit (Underground)12 days Fri 6/20/25 Tue 7/1/25
20 Playground Installation/Boulder
Retaining Wall
37 days Fri 6/20/25 Sat 7/26/25
21 Boulder Retaining wall 12 days Fri 6/20/25 Tue 7/1/25
22 Concrete Border 5 days Wed 7/2/25 Sun 7/6/25
23 Playground Installation 20 days Mon 7/7/25 Sat 7/26/25
24 Amphitheater Construction 15 days Sun 7/27/25 Sun 8/10/25
25 Limestone Seating Wall 10 days Sun 7/27/25 Tue 8/5/25
26 Decomposed Granite 5 days Wed 8/6/25 Sun 8/10/25
27 Concrete Retaining Walls, Stairs,
Ramps, & Railings
23 days Sun 7/27/25 Mon 8/18/25
28 Concrete Retaining Wall 18 days Sun 7/27/25 Wed 8/13/25
29 Stairs & ramps 5 days Thu 8/14/25 Mon 8/18/25
30 Flatwork & Decorative Surfaces 107 days Tue 8/19/25 Wed 12/3/25
31 Barn Slab 20 days Tue 8/19/25 Sun 9/7/25
32 Permeable Concrete Trail 83 days Mon 9/8/25 Sat 11/29/25
33 Concrete Parking Lot 15 days Wed 11/19/25 Wed 12/3/25
34 Site Furnishing 6 days Sun 11/30/25 Fri 12/5/25
35 Install Amenities 6 days Sun 11/30/25 Fri 12/5/25
36 Irrigation & Landscaping 10 days Sun 11/30/25 Tue 12/9/25
37 Irrigation & Landscaping 10 days Sun 11/30/25 Tue 12/9/25
38 Substaintial Completion 0 days Tue 12/9/25 Tue 12/9/25
39 Punchlist/Final Acceptance 60 days Wed 12/10/25 Sat 2/7/26
40 Punchlist/Final Acceptance 60 days Wed 12/10/25 Sat 2/7/26
41 Final Acceptance Deadline 0 days Sat 2/7/26 Sat 2/7/26
12/9
2/7
3/30 4/6 4/13 4/20 4/27 5/4 5/11 5/18 5/25 6/1 6/8 6/15 6/22 6/29 7/6 7/13 7/20 7/27 8/3 8/10 8/17 8/24 8/31 9/7 9/14 9/21 9/28 10/5 10/1210/1910/26 11/2 11/911/1611/2311/3012/7 12/1412/2112/28 1/4 1/11 1/18 1/25 2/1 2/8 2/15 2/22
Apr '25 May '25 Jun '25 Jul '25 Aug '25 Sep '25 Oct '25 Nov '25 Dec '25 Jan '26 Feb '26
Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Deadline
Critical
Critical Split
Progress
CITY OF DENTON
CSP 7985 VILLAGES OF CARMEL PARK
Proposed Schedule- Carmel Park
Wed 1/29/25
EXHIBIT HDocusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
EXHIBIT I
ESCROW AGREEMENT
NONE
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
00 35 14 CONFLICT OF INTEREST AFFIDAVIT -CSP
Page I of I
SECTION 00 35 14
2 CONFLICT OF INTEREST AFFIDAVIT -CSP
CONFLICT OF INTEREST QUESTIONNAIRE -FORMCIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section l 76.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-l), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1._ Name of vendor who has a business relationship with local governmental entity. None
2 □ Check this box if you are filing an update to a previously filed questionnaire. -
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) llJ Name of local government officer about whom the information in this section is being disclosed.
NIA
Name of Officer
This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary.
A.
B.
C.
D.
4 ,-
5
Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? D Yes □No
Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? D Yes □No
Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more?
D Yes □No
Describe each employment or business and family relationship with the local government officer named in this section. �I have no Conflict of Interest to disclose.
Northstar Construction, LLC
Signature of vendor doing business with the governmental entity
3 END OF SECTION
CITY OF DENTON STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 23, 2020
Effective January I 5, 2021
01/29/2025
Date
CSP# 7985
EXHIBIT J
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
X
X
X
004101
PROPOSAL FORM -CSP
Page 1 of3
2
3
4
5
6
7
TO: City of Denton
c/o: Purchasing Division
901-B Texas Street
Denton, Texas 76209
SECTION 00 41 01
PROPOSAL FORM -CSP
8 FOR: 7985 Villages of Camel Park Construction
9
10 1 Enter into Agreement
11
12 The undersigned Offeror proposes and agrees, if this Proposal is accepted, to enter into an
13 Agreement with City in the form included in the Proposal Documents to perform and furnish all
14 Work as specified or indicated in the Contract Documents for the Unit Price Proposal and within
15 the Contract Time indicated in this Proposal and in accordance with the other terms and
16 conditions of the Contract Documents.
17
18 2 OFFEROR Acknowledgements and Certification
19
20 2.1 In submitting this Proposal, Offeror accepts all of the terms and conditions of the
21 INVITATION TO OFFORERS and INSTRUCTIONS TO OFFORERS, including without
22 limitation those dealing with the disposition of Offeror's Bond.
23 2.2 Offeror is aware of all costs to provide the required insurance, will do so pending contract
24 award, and will provide a valid insurance certificate meeting all requirements within 14
25 days of notification of award.
26 2.3 Offeror certifies that this Proposal is genuine and not made in the interest of or on behalf of
27 any undisclosed individual or entity and is not submitted in conformity with any collusive
28 agreement or rules of any group, association, organization, or corporation.
29 2.4 Offeror has not directly or indirectly induced or solicited any other Offeror to submit a
30 false or sham Proposal.
31 2.5 Offeror has not solicited or induced any individual or entity to refrain from proposing.
32 2.6 Offeror has not engaged in corrupt, fraudulent, collusive, or coercive practices in
33 competing for the Agreement. For the purposes of this Paragraph:
34 a. "corrupt practice" means the offering, giving, receiving, or soliciting of anything
35 of value likely to influence the action of a public official in the proposal process.
36
37
38
39
40
41
42
43
44
45
46
47
48
49
b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the proposal process to the detriment of City (b) to establish proposal
prices at artificial non-competitive levels, or (c) to deprive City of the benefits of
free and open competition.
c. "collusive practice" means a scheme or arrangement between two or more
Offerors, with or without the knowledge of City, a purpose of which is to
establish proposal prices at artificial, non-competitive levels.
d. "coercive practice" means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the proposal process
or affect the execution of the Contract.
CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised January 5. 2022
Effective JanllQ/y 5. 2022
CSP# 7985
\
EXHIBIT K
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
004101
PROPOSAL FORM -CSP
Page 2 of3
2.7 The Offeror acknowledges and agrees to comply with the requirements of City Ethics
2 Ordinance No. 23-1165.
3
4 3 Time of Completion
5
6 3.1 The Work will be Substantially Complete as defined in the General Conditions within 240
7 Days after the date when the Contract Time commences to run, which is the day indicated
8 in the Notice to Proceed, plus any extension thereof allowed in accordance with Article 11
9 of the General Conditions.
10 3.2 The Work will be complete for Final Acceptance within 300 Days after the date when the
11 Contract Time commences to run, which is the day indicated in the Notice to Proceed, plus
12 any extension thereof allowed in accordance with Article 8 of the General Conditions.
13 3.3 Offeror accepts the provisions of the Agreement as to Incentives as defined in the
14 Supplementary Conditions, in the event of obtaining Substantial Completion prior to the
15 Contract Time for Substantial Completion
16 3.4 Offeror accepts the provisions of the Agreement as to Liquidated Damages in the event of
17 failure to obtain Milestones (if applicable), Substantial Completion, and Final Acceptance
18 within the times specified in the Agreement.
19
20 4 Attached to this Proposal
21
22 4.1 The following documents are attached to and made a part of this Proposal:
23 a. Section 00 35 14 -Conflict of Interest Affidavit -CSP
24 b. Section 00 4101 -This Proposal Form -CSP
25 c. Section 0042 44 -Unit Price Proposal Form -CSP -Excel Electronic Copy
26
27
28
29
30
31
32
33
34
35
36
(either included in the hard copy Proposal, or submitted via Ionwave)
d. Section 0043 14 -Required Offeror's Bond -CSP, issued by a surety meeting the
requirements of Paragraph 11.4 of the General Conditions.
e. Section 00 43 38 -Proposed Subcontractors Form -CSP
f. Section 00 43 39 -Vendor Compliance to State Law Non-Resident Offeror -CSP
g. Section 00 45 14 -Safety Record Questionnaire -CSP
h. Section 00 45 27 -Contractor Compliance with Workers Compensation Law -CSP
i. Section 004544 -Corporate Resolution of Authorized Signatories -CSP
j. Any additional documents required by Paragraph 12 of Section 00 21 16-
Instructions to Offerors
37 5 Total Proposal Amount
38
39 5.1 Offeror will complete the Work in accordance with the Contract Documents for the
40 following proposal amount. In the space provided below, please enter the total proposed
41 amount for this project. This figure will be read publicly by the City at the proposal
42 opening.
43 5.2 It is understood and agreed by the Offeror in signing this proposal that the total proposed
44 amount entered below is subject to verification and/or modification by mUltiplying the unit
45 prices for each pay item by the respective estimated quantities shown in this proposal and
46 then totaling all of the extended amounts.
47
48 5.3 Evaluation of Alternate Proposal Items
49
50 Base Proposal Amount: $ 2,547,877.00
CITY OF DENTON
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised January 5 2022
Effective Jam/my 5. 2022
CSP# 7985
EXHIBIT K
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
004101 PROPOSAL FORM -CSP
Page 3 of3
Alternate I Proposal Amount (if any): $ 250 693.80Alternate 2 Proposal Amount (if any): $ 175 230.00Alternate 3 Proposal Amount (if any): $ 25 606.00Alternate 4 Proposal Amount (if any): $ 97 760.00
2345678
Total Proposal Amount including AL Tl -AL T4:$_3_,0_9_7,_16_6 _.8_0 _____
9 6 Proposal Submittal
11 6.1 It is understood by Offeror that submission of the total proposal amount is only one of the12 factors for the City's evaluation process, and that any award of contract will be based on 13 the complete evaluation of the Proposal and Offeror by City under the terms provided in 14 the Instructions to Offerors or any validly issued amendments or addenda. 151617181920212223242526272829
6.2 This Proposal is submitted on_F_e_b_r_u_ar�y�19 ______ _,, 2025 by the entitynamed below.
Respectfully submitted,
�By: 1t1JJa,t4�(Signature)
Mich ael A Heimlich
(Printed Name)
Title: President
30 Company: Northstar Construction, LLC
3132 Address: 2112 Solan a Street33Haltom City, TX 7611734 35 State of Incorporation: ______ _36 37 Email: mike@n orthstar93.co m
38 39 Phone: (817) 244-8885
40
CITY OF DENTON
END OF SECTION
ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 5. 2022
Effective Janua,y 5, 2022
Receipt is acknowledged of thefollowing Addenda:
Addenda No. I:
Addenda No. 2:
Addenda No. 3:
Addenda No. 4:
Addenda No. 5:
Initial
CSP# 7985
EXHIBIT K
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
1
2
BAFO PROPOSAL FORM ATTACHMENT
3
4
5
6
7
To: Erica Garcia
c/o: Purchasing Division
90I-B Texas Street
Denton, Texas 76209
8 FOR: CSP 7985 -Villages of Carmel Park Construction
9
10 The undersigned Offeror hereby submits this Proposal Form Revision and Best and Final Offer (this
11 "BAFO") for CSP 7985 -Villages of Carmel Park Construction and confirms that this BAFO Proposal is
12 based on the project requirements per the CSP documents and any subsequent addenda.
13
14
15 1 Total BAFO Proposal Amount
16
17 1.1 Offeror will complete the Work in accordance with the Contract Documents for the following
18 BAFO proposal amount. In the space provided below, please enter the total proposed BAFO
19 amount for this project.
20
21 1.2 It is understood and agreed by the Offeror in signing this proposal that the total proposed BAFO
22 amount entered below is subject to verification and/or modification by multiplying the unit prices
23 for each pay item by the respective estimated quantities shown in this proposal and then totaling all
24 of the extended amounts.
25
26
27
28
Total BAFO Proposal Amount:
29 2 BAFO Proposal Submittal
30
$ __ -=2,=53~4~,8~7~7=.0~0 __________________ __
31 2.1 It is understood by Offeror that submission ofthe total BAFO proposal amount is only one of the
32 factors for the City's evaluation process, and that any award of contract will be based on the
33 complete evaluation of the Proposal and Offeror by City under the terms provided in the
34 Instructions to Offerors or any validly issued amendments or addenda.
35
36
37
38
39
2.2 This BAFO Proposal is submitted on _-=M=aY.I----=-I=.2 ____________ , 20 25 by the
entity named below.
40
41
42
43
44
Respectfull~ ~ubitted,
By: ff1~ a ,J4~
(Signature)
45 Michael A. Heimlich
46 (Printed Name)
47
48 Title: President ~~==~~--------49
50 Company: Northstar Construction, LLC
51
CSP 7985
EXHIBIT K
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
52 Address: 2112 Solona Street
53 Haltom City, TX 76117
54 State of Incorporation: _T"-,e=x=a,,,-s __ _
55 Email: mike@nOlihstar93.com
56 Phone: (817) 244-8885
57 END OF SECTION
CSP 7985
EXHIBIT K
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
"General Decision Number: TX20250016 03/07/2025
Superseded General Decision Number: TX20240016
State: Texas
Construction Type: Heavy
County: Denton County in Texas.
Heavy Construction, Including Treatment Plants (Does not
include water/sewer lines)
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: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 03/07/2025
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
ASBE0021-003 06/01/2023
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR (Includes
application of all insulating
materials, protective
coverings, coatings, and
finishings to all types of
mechanical systems)..............$ 31.32 7.52
----------------------------------------------------------------
* ELEC0020-004 12/01/2024
Rates Fringes
Electricians:
Cable Splicer...............$ 29.81 8.84
Electrician.................$ 38.95 11.56
----------------------------------------------------------------
* ELEC0220-001 06/02/2024
Rates Fringes
Line Construction:
CABLE SPLICERS..............$ 17.12 ** 14.5%+3.75
EQUIPMENT OPERATORS.........$ 25.83 20.50%+7.75
GROUNDMAN...................$ 19.28 4.5%+7.80
LINEMAN.....................$ 41.31 20.5%+7.25
TRUCK DRIVER................$ 23.14 9.5%+7.25
----------------------------------------------------------------
ENGI0178-001 06/01/2020
Rates Fringes
Cranes:
Hydraulic Crane (35 ton &
under)......................$ 32.35 13.10
Hydraulic over 35
tons,Derricks, Overhead
Gentry,Stiffleg,Tower,etc.,
and Cranes with
Piledriving or Caisson
attachements................$ 32.60 13.10
----------------------------------------------------------------
IRON0263-010 06/01/2024
Rates Fringes
Ironworkers:
Reinforcing & Structural....$ 28.64 7.93
----------------------------------------------------------------
PLUM0100-002 11/01/2024
Rates Fringes
Plumbers and Pipefitters.........$ 39.76 14.04
----------------------------------------------------------------
SHEE0068-002 11/01/2012
Rates Fringes
Sheet metal worker...............$ 27.64 8.84
----------------------------------------------------------------
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
* SUTX1990-039 08/01/1990
Rates Fringes
CARPENTER........................$ 10.536 **
Concrete Finisher................$ 9.603 **
Form Builder.....................$ 8.036 **
Form Setter......................$ 9.578 **
Laborers:
Common......................$ 7.25 **
Utility.....................$ 7.25 **
Pipelayer........................$ 7.961 **
Power equipment operators:
Backhoe.....................$ 10.971 **
Bulldozer...................$ 9.942 **
Front end loader............$ 10.771 **
Mechanic....................$ 9.88 **
Motor Grader................$ 11.633 **
Oiler.......................$ 9.183 **
Scraper.....................$ 8.00 **
TRUCK DRIVER.....................$ 7.465 **
----------------------------------------------------------------
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
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
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
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
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
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
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
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
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.
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: D61E662E-F645-4551-BAC5-F4E0B594C80A
"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: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
Docusign Envelope ID: D61E662E-F645-4551-BAC5-F4E0B594C80A
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
SUTX2011-007 08/03/2011
Rates Fringes
CONCRETE FINISHER (Paving and
Structures)......................$ 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: D61E662E-F645-4551-BAC5-F4E0B594C80A
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: D61E662E-F645-4551-BAC5-F4E0B594C80A
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: D61E662E-F645-4551-BAC5-F4E0B594C80A
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: D61E662E-F645-4551-BAC5-F4E0B594C80A
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: D61E662E-F645-4551-BAC5-F4E0B594C80A
Certificate Of Completion
Envelope Id: D61E662E-F645-4551-BAC5-F4E0B594C80A Status: Completed
Subject: Please DocuSign: City Council Contract 7985 Villages of Carmel Park Construction
Source Envelope:
Document Pages: 206 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
5/30/2025 2:10:02 PM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Senior Buyer
City of Denton
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(None)
Completed
Using IP Address: 198.49.140.10
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Marcella Lunn
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Senior Deputy City Attorney
City of Denton
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MIKE HEIMLICH
mike@northstar93.com
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Signer Events Signature Timestamp
Gary Packan
Gary.Packan@cityofdenton.com
Director of Parks and Recreation
Parks and Recreation
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Sara Hensley
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City Manager
City of Denton
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Lauren Thoden
lauren.thoden@cityofdenton.com
City Secretary
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
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Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: MIKE HEIMLICH, Gary Packan
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