8559 Construction Phase Executed Contract
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
CMAR Construction Phase Services for Fire
Station 5&6 GMP1
Not Applicable
FILE
Cori Power
8559
NA
07/22/2025
25-1257
CITY OF DENTON, TEXAS
CONSTRUCTION MANAGER AT RISK FOR FIRE STATION 5 & 6
CONSTRUCTION MANAGER AT RISK
CONSTRUCTION PHASE SERVICES
CONTRACT NO. 8559
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
TABLE OF CONTENTS
Article PAGE
_Toc101963426
Article 1 - Definitions ............................................................................................................... 2
Article 2 - CM@Risk’s Services and Responsibilities .............................................................. 6
Article 3 - City’s Services and Responsibilities ...................................................................... 14
Article 4 - Contract Time ........................................................................................................ 16
Article 5- Contract Price ........................................................................................................ 20
Article 6 - Changes to the Contract Price and Time .............................................................. 21
Article 7- Procedure for Payment .......................................................................................... 26
Article 8- Claims and Disputes .............................................................................................. 29
Article 9 – Suspension and Termination ................................................................................ 31
Article 10 - Insurance and Bonds .......................................................................................... 33
Article 11 - Indemnification .................................................................................................... 37
Article 12 – General Provisions ............................................................................................. 38
EXHIBIT A – PROJECT DESCRIPTION
EXHIBIT B – APPROVED GMP PROPOSAL
EXHIBIT C – TECHNICAL SPECIFICATIONS
EXHIBIT D – CONSTRUCTION DRAWINGS
EXHIBIT F – GENERAL CONDITIONS
EXHIBIT G – PREVAILING WAGE RATES
EXHIBIT V – WARRANTY
EXHIBIT W – USE OF THE SITE, DELIVERY & STORAGE (for vertical projects)
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CITY OF DENTON
FIRE STATION 5 & 6
CONSTRUCTION MANAGER AT RISK CONSTRUCTION SERVICES
GMP No. 1
Project No. 240006-1 & 240007-1 CONTRACT NO. 8559
THIS AGREEMENT, made and entered as of _______________ by and between City of Denton,
hereinafter designated the “City” and CORE Construction Services of Texas, Inc., hereinafter designated
the “Construction Manager at Risk” or “CM@Risk” or “Contractor”
RECITALS
A.The City Manager of the City of Denton, Texas, or their designee, is authorized and empowered by
provisions of the City Charter to execute contracts for construction services.
B.The City intends to construct Fire Station 5 & 6 as more fully described in Exhibit A attached.
C.To undertake the Project the City has entered into a contract with Martinez Architects, LP, hereinafter
referred to as the “Design Professional.”
D.The CM@Risk has represented to the City the ability to provide the construction phase
services described herein and to construct the Project and based on this representation the
City engages the CM@Risk to provide these services and construct the Project.
E.Contract No. 8559 has been executed previously between City and CM@Risk to perform
Preconstruction Phase services. Those services may continue during the duration of this
Construction Phase Agreement.
NOW THEREFORE, for and in consideration of the mutual covenants and considerations hereinafter
contained, it is agreed by and between the City and the CM@Risk as follows:
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Article 1 - Definitions
“Agreement” (“Contract”) means this written document signed by the City and CM@Risk covering the
construction phase of the Project, and including other documents itemized and referenced in or attached to
and made part of this Contract. The terms Agreement and Contract shall be used interchangeably
throughout unless specifically stated otherwise.
“Approved GMP” means any GMP or GMP amendment agreed to by the parties in accordance with this
Agreement.
“Application for Payment” – See definition for Payment Request.
“Architect” means the qualified, licensed person, firm or corporation who furnishes architectural services
required for the Project.
“Asbestos” means asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite
(cummingtonite-grunerite), anthophyllite, tremolite, or actinolite or any material that contains one percent or
more of any asbestiform variety. Refer to the Texas Administrative Code, Title 25, Chapter 296.
“Change Directive” means a written order prepared and signed by City, directing a change in the Work prior
to agreement on an adjustment in the Contract Price and the Contract Time.
“Certificate of Substantial Completion” has the meaning given such term in Subsection 4.1.5.
“Change Order” means a type of contract amendment issued after execution of this Agreement or future
GMP Amendments signed by City and CM@Risk, agreeing to changes to an agreement. The Change Order
will state the following: the addition, deletion, or revision in the scope of Work; the amount of the adjustment
to the Contract Price; and the extent of the adjustment to the Contract Times or other modifications to
Contract terms.
“City (“Owner” or “OWNER”) means the City of Denton, a municipal corporation, with whom CM@Risk has
entered into this Contract and for whom the services are to be provided pursuant to said Contact. Regulatory
activities handled by the City of Denton Developmental Services, Fire, Engineering, Facilities, Municipal
Electric, and Planning Departments or any other City Department are not subject to the responsibilities of
the City under this Agreement.
“City’s Representative” means the person designated in Subsection 8.3.1.2.
“City’s Senior Representative” means the person designated in Subsection 8.3.1.1.
“CM@Risk” or “Contractor” means the firm selected by the City to provide construction services as detailed in this
Agreement.
“CM@Risk’s Representative” means the person designated in Subsection 8.3.2.2.
“CM@Risk’s Senior Representative” means the person designated in Subsection 8.3.2.1.
“Contingency, Owner’s” – A fund to cover cost growth during the Project used at the discretion of the City
usually for costs that result from City directed changes or unforeseen site conditions. Use and management
of the Owner’s Contingency is described in Section 5.1.
“Contract Documents” means the following items and documents in descending order of precedence
executed by the City and the CM@Risk: (i) all written modifications, amendments and Change Orders; (ii)
this Agreement, including all exhibits and attachments (provided however, that in the event there is any
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inconsistency, ambiguity, or discrepancy between this Agreement and Exhibit ‘B’ then precedence shall be
given to Exhibit ‘B’ and for any other inconsistency, ambiguity, discrepancy between this Agreement and
any other Exhibit or Attachment, then precedence shall be given to the terms of this Agreement); (iii)
Construction Documents; (iv) GMP Plans and Specifications.
“Construction Documents” The plans, specifications, and drawings prepared by the Design Professional
and issued as approved for construction meaning the documents are sealed by the Design Professional,
signed and acceptable for permitting.
“Construction Fee” means the lump sum amount for CM@Risk’s administrative costs for branch or home
office overhead, and profit at the time of GMP.
“Contract Price” means the amount or amounts set forth in Article 5.
“Contract Time” means the Days as set forth in Article 4 the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Project.
“Cost of the Work” The direct costs or stipulated rates necessarily incurred by the CM@Risk in the proper
performance of the Work. The Cost of the Work shall include direct labor costs, subcontract costs, costs of
materials and equipment incorporated in the completed construction, costs of other materials and
equipment, temporary facilities, building permit fees (if not paid for by City), materials testing, General
Conditions Costs, and related items. The Cost of the Work shall not include the CM@Risk’s Construction
Fee.
“Critical Path” means the sequence of activities from the start of the Work to the Substantial Completion of
the Project. Any delay in the completion of these activities will extend the Substantial Completion date.
“Day(s)” mean calendar days unless otherwise specifically noted in the Contract Documents.
“Preconstruction Phase Contract” means the agreement between the City and CM@Risk for services
provided by the CM@Risk during the design phase which may include the following: design
recommendations, project scheduling, constructability reviews, alternate systems evaluation, cost
estimates, MBE/WBE/SBE utilization, subcontractor bid phase services, and GMP preparation.
“Design Professional” means a qualified, licensed design professional, including an Engineer or Architect,
who furnishes design and/or construction administration services required for the Project. A Design
Professional is referenced in Recital C, above.
“Differing Site Conditions” means concealed or latent physical conditions or subsurface conditions at the
Site that, (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual
nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent
in the Work.
“Engineer” The qualified, licensed person, firm or corporation who furnishes engineering services required
for the Project.
“Final Acceptance” means the completion of the Work as prescribed in Section 4.2.
“Float” means the number of Days by which an activity can be delayed without lengthening the Critical Path
and extending the Substantial Completion date.
“Guaranteed Maximum Price” or “GMP” means the lump sum provided within GMP submission.
“GMP Amendment” means an amendment, executed in writing and signed by both parties, to the GMP.
“GMP Plans and Specifications” means the plans and specifications upon which the Guaranteed Maximum
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Price proposal is based as listed in the GMP proposal.
“Hazardous Environmental Condition” means the presence at the site of Asbestos, PCB’s, Petroleum,
Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may
present a substantial danger to persons or property exposed thereto.
“Hazardous Material or Substance” includes any material in such quantity, concentration, and physical or
chemical characteristics including, but not limited to, ignitability or toxicity, so as to be capable of posing an
unreasonable risk to health, safety and/or property if released into the atmosphere, transported, stored, or
disposed of.
“Hazardous Waste” means any solid waste listed as hazardous or possesses one or more hazardous
characteristics as defined in the federal waste regulations, as amended from time to time.
“Legal Requirements” means all applicable federal, state, and local laws, codes, ordinances, rules,
regulations, orders, and decrees of any government or quasi-government entity having jurisdiction over the
Project or Site, the practices involved in the Project or Site, or any Work.
“Milestones” - A principal event in the performance of the Work that the Contract requires CM@Risk to achieve
by an intermediate completion date, or by a time prior to Substantial Completion of all the Work.
“Notice to Proceed” or “NTP” means the directive issued by the City, authorizing the CM@Risk to start
Work. Such notice shall be provided to the CM@Risk at least seven days prior to the commencement date
stipulated herein and shall be provided no later than 30 days after the GMP proposal is approved by the
City and all the required documentation is received by the City.
“Payment Request” means the City form used by the CM@Risk to request progress payments for Work in
accordance with Article 7.
“PCB’s” means polychlorinated biphenyls.
“Performance Period” means the period of time allotted in the Contract Documents to substantially
complete the Work comprised within a GMP. The Performance Period shall be stated with each GMP
proposal and shown on the Project Schedule.
“Petroleum” means petroleum including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch
absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other
non-Hazardous Waste and crude oils.
“Product Data” means illustrations, standard schedules, performance charts, instructions, brochures,
diagrams and other information furnished by the CM@Risk to illustrate materials or equipment for some
portion of the Work.
“Project” means the Work to be completed in the execution of this Agreement as amended and as described
in the Recitals above and in each Approved GMP.
“Project Schedule” means a schedule, prepared and maintained by CM@Risk, describing the sequence
and duration of the activities comprising the CM@Risk’s plan to accomplish the Work within the Contract
Times.
“Project Record Documents” means the documents created pursuant to Section 2.10.
“Radioactive Material” Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of
1954 (42 USC Section 2011 et seq.) as amended from time to time.
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“Samples” means physical examples which illustrate materials, equipment, or workmanship and establish
standards by which the Work will be evaluated.
“Shop Drawings” mean drawings, diagrams, schedules, submittals and other data specially prepared for
the Work by the CM@Risk or a Subcontractor, manufacturer, supplier, or distributor to illustrate some
portion of the Work.
“Site” means the land or premises on which the Project is located generally described in in Exhibit A.
“Specifications” means the part(s) of the Contract Documents for the construction phase consisting of
written technical descriptions of materials, equipment, construction systems, standards, and workmanship
as applied to the Work and certain administrative details applicable thereto as listed in the GMP proposal.
“Subcontractor” means an individual or firm having a direct contract with the CM@Risk or any other
individual or firm having a contract with the aforesaid individual or firm at any tier, who undertakes to perform
a part of the construction phase Work for which the CM@Risk is responsible.
“Subconsultant” - A person, firm or corporation having a contract with the CM@Risk to furnish services required
as its independent professional associate or consultant with respect to the Project.
“Substantial Completion” means when the Work, or an agreed upon portion of the Work, is sufficiently
complete so that City can occupy and use the Project or a portion thereof for its intended purposes. This
may include, but is not limited to: (i) receipt of written confirmation after final inspections by the applicable
electrical, plumbing, City Fire Marshall, health department, and other local and state officials having
jurisdiction, stating the project is ready for occupancy by the City; (ii) all systems in place, and confirmed
to be fully functional to satisfaction of the City and its representatives; (iii) all materials and equipment
installed; (iv) all systems reviewed and accepted by the City; (v) draft O&M manuals and record documents
reviewed and accepted by the City; (vi) City operation and maintenance training complete; (vii) landscaping
and site work; and (viii) final cleaning. In addition to the other requirements of the Contract Documents, and
without limitation, the CM@Risk must also have obtained the written approval and issuance of any
occupancy permits required by the laws of local government(s) and the State of Texas before the CM@Risk
shall be deemed to have achieved Substantial Completion. The conditions of Substantial Completion that
do not apply to a specific GMP will be listed in the Notice to Proceed letter pursuant to Subsection 2.4.3.
“Supplier” means a manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct
contract with CM@Risk or any Subcontractor to furnish materials or equipment to be incorporated in the
construction phase Work by CM@Risk or any Subcontractor.
“Work” means the entire completed construction or the various separately identifiable parts thereof, required
by the Agreement to be furnished and installed during the construction phase. “Work” includes and is the
result of performing or furnishing supervision and labor; and furnishing and incorporating materials,
resources, and equipment into the construction, and performing or furnishing services and documents as
required by the Contract Documents for the construction phase.
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Article 2 – CM@Risk’s Services and Responsibilities
2.0 The CM@Risk shall furnish any and all supervision, labor, materials, equipment, transportation,
utilities, services, and facilities required to perform all Work required by the Contract Documents,
and to completely and totally construct the same and install the material therein for the City. All
Work will be performed in a good and workmanlike and substantial manner and within the care
and skill of a qualified CM@Risk in Denton, Texas. The Work shall be to the satisfaction of the
City and strictly pursuant to and in conformity with the Project’s Contract Documents as
modified. It is not required that the services be performed in the sequence in which they are
described.
2.1. General Services
2.1.1. CM@Risk’s Representative shall be reasonably available to City and shall have the necessary
expertise and experience required to supervise the Work. CM@Risk’s Representative shall
communicate regularly with City but not less than once a week and shall be vested with the
authority to act on behalf of CM@Risk. CM@Risk’s Representative may be replaced only with
the written consent of City.
2.1.2 City’s Project Management Information System (Procore)
2.1.2.1 The CM@Risk will be required to maintain all project records in electronic format. The City
provides a web-based project management database which the CM@Risk will be required to
utilize in the fulfillment of the contract requirements. Although this electronic platform does not
fulfill this requirement in its entirety, the CM@Risk will be required to utilize this platform as the
basis for this Work. Any documents submitted to the City in electronic format shall be considered
equivalent to an original of such document.
2.1.2.2 The CM@Risk can expect to use Procore to process all primary level tri-partite contract
documents related to the construction phase of the Project including but not limited to: requests
for interpretation/information, potential Change Orders, Change Orders, construction meeting
minutes, Submittals, Design Professional’s supplemental instructions and Payment Requests.
2.1.2.3 The CM@Risk will be required to process information into electronic digital form. In order to fulfill
this requirement, the CM@Risk shall provide all necessary equipment to perform the functions
necessary to generate, convert, store, maintain, connect to Procore, and transfer electronic
data.
2.1.2.4 CM@Risk shall provide a computerized networked office platform with broadband internet
connectivity. Wired or wireless is acceptable. This platform shall function well in a web-based
environment utilizing an internet browser compatible with the City Procore system.
2.2 Government Approvals and Permits
2.3.1 Unless otherwise provided, CM@Risk shall obtain or assist the City to obtain all necessary
permits, approvals, and licenses required for the prosecution of the Work from any government
or quasi-government entity having jurisdiction over the Project. The CM@Risk is specifically
reminded of the need to obtain the necessary environmental permits or file the necessary
environmental notices.
2.3.2 Copies of these permits and notices must be provided to the City’s Representative prior to
starting the permitted activity. In the case of Fire Department permits, a copy of the application
for permit shall also be provided to the City’s Representative. This provision does not constitute
an assumption by the City of an obligation of any kind for violation of said permit or notice
requirements.
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2.3.3 City shall be responsible for all City of Denton review and permit(s) fees for building and
demolition permits. City will also pay review and permit fees for grading and drainage, water,
sewer, right-of-way, gas service, electrical service, and landscaping; assessments against the
property, including property tax, developmental excise and similar taxes; sewer, water, and
related utility tap fees; and sewer plant improvement fees, unless exempted under Texas law.
City shall also pay for utility design fees for permanent services.
2.3.4 CM@Risk shall be secure and pay for all other permits, fees, licenses, and inspections by
government agencies necessary for proper execution and completion of the Work that are
customarily secured after execution of the Contract and legally required at the time bids are
received or negotiations concluded not specifically listed in Subsection 2.3.3 above. Specifically,
and without limitation, the CM@Risk is responsible for the cost of meter(s), and all utility bills on
the project meters until Substantial Completion of the Project. Arrangements for construction
water are the CM@Risk’s responsibility.
2.4 Pre-construction Conference
2.4.1 Prior to the commencement of any Work, the City’s Representative will schedule a pre-
construction conference.
2.4.2 The purpose of this conference is to establish a working relationship between the CM@Risk,
utility firms, and various City agencies. The agenda will include critical elements of the work
schedule, submittal schedule, cost breakdown of major lump sum items, Payment Requests and
processing, coordination with the involved utility firms, the level of Record Project Documents
required, and emergency telephone numbers for all representatives involved in the course of
construction.
2.4.3 The Notice to Proceed date will be agreed to. After the meeting, and once permits have been
released, a Notice to Proceed letter will be issued confirming the construction start date,
Performance Period, and, if applicable, the Substantial Completion date. If a Substantial
Completion date is established the conditions of the Substantial Completion will be listed.
2.4.4 The CM@Risk shall provide a schedule of values based on the categories of the Work but not
greater than the approved GMP. The schedule of values will subdivide the Work into all items
comprising the Work.
2.4.5 Minimum attendance by the CM@Risk shall be the CM@Risk’s Representative, who is
authorized to execute and sign documents on behalf of the firm, the job superintendent, and the
CM@Risk’s safety officer.
2.5 Control of the Work
2.5.1 Unless otherwise provided in the Contract Documents to be the responsibility of City or a
separate contractor, CM@Risk shall provide through itself, its Vendors or Subcontractors the
necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery,
temporary utilities, and other temporary facilities to permit CM@Risk to complete the Work
consistent with the Contract Documents.
2.5.2 CM@Risk shall perform all construction activities efficiently and with the requisite expertise,
skill, and competence to satisfy the requirements of the Contract Documents. CM@Risk shall
at all times exercise complete and exclusive control over the means, methods, sequences, and
techniques of construction.
2.5.3 CM@Risk, the CM@Risk’s Representative or other authorized representative shall be present
at the Site at all times that construction activities are taking place.
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2.5.3.1 All elements of the Work shall be under the supervision of a superintendent employed by the
CM@Risk for the purpose; or their designated representative on the Site who shall have the
authority to take actions required to properly carry out that particular element of the Work.
2.5.3.2 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 Architect and Owner no less than seven (7) business days before the anticipated event.
Such proposed changes must be approved by the Architect and Owner in writing. 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).
2.5.4 In the event of noncompliance with this Section, the City may require the CM@Risk to stop or
suspend the Work in whole or in part. Where the Contract Documents require that a particular
product be installed and/or applied, or the installation and/or application be observed by an entity
approved by the manufacturer, it is the CM@Risk’s responsibility to ensure the Subcontractor
employed for such Work is approved by the manufacturer; or their installation and/or application
is so observed.
2.5.5 Before ordering materials or doing work, the CM@Risk and each Subcontractor shall verify
measurements at the Site and shall be responsible for the correctness of such measurements.
No increase to the approved GMP will be allowed because of differences between actual
dimensions and the dimensions indicated in the Contract Documents; differences, which may
be found, shall be submitted to the City for resolution before proceeding with the Work.
2.5.6 The CM@Risk shall take field measurements and verify field conditions and shall carefully
compare such field measurements and conditions and other information known to the CM@Risk
with the Contract Documents before commencing activities. Errors, inconsistencies, or
omissions discovered shall be reported to the City at once.
2.5.7 The CM@Risk shall establish and maintain all primary building and construction grades, lines,
levels, and benchmarks, and shall be responsible for accuracy and protection of same. This
Work shall be performed or supervised by a licensed civil engineer or surveyor in the State of
Texas.
2.5.8 Any person employed by the CM@Risk or any Subcontractor who, in the opinion of the City,
does not perform his work in a proper, skillful, and safe manner or is intemperate or disorderly
shall, at the written request of the City, be removed from the Work by CM@Risk or Subcontractor
employing such person, and shall not be employed again in any portion of Work without the
written approval of the City. THE CM@RISK OR SUBCONTRACTOR SHALL HOLD THE CITY HARMLESS
FROM DAMAGES OR CLAIMS WHICH MAY OCCUR IN THE ENFORCEMENT OF THIS SECTION.
2.5.9 CM@Risk assumes responsibility to City for the proper performance of the work of
Subcontractors and any acts and omissions in connection with such performance. Nothing in
the Contract Documents is intended or deemed to create any legal or contractual relationship
between City and any Subcontractor, including but not limited to any third-party beneficiary
rights.
2.5.10 CM@Risk shall coordinate the activities of all Subcontractors. If City performs other work on the
Project or at the Site with separate contractors under City’s control, CM@Risk agrees to
reasonably cooperate and coordinate its activities with those of such separate contractors so
that the Project can be completed in an orderly and coordinated manner without unreasonable
disruption.
2.6 Control of the Site
2.6.1 Throughout all phases of construction, including suspension of Work, CM@Risk shall keep the
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Site reasonably free from debris, trash, and construction wastes to permit CM@Risk to perform
its construction services efficiently, safely and without interfering with the use of adjacent land
areas. Upon Substantial Completion of the Work, or a portion of the Work, CM@Risk shall
remove all debris, trash, construction wastes, materials, equipment, machinery, and tools arising
from the Work or applicable portions thereof to permit City to occupy the Project or a portion of
the Project for its intended use.
2.6.2 CM@Risk shall take all reasonable steps, procedures, or means to prevent any dust nuisance
due to construction operations. The dust control measures shall be maintained at all times to
the satisfaction of the City and in accordance with the local requirements.
2.6.3 CM@Risk shall maintain ADA and ANSI accessibility requirements during construction activities
in an occupied building or facility. ADA and ANSI accessibility requirements shall include, but
not be limited to, parking, building access, entrances, exits, restrooms, areas of refuge, and
emergency exit paths of travel. CM@Risk shall be responsible for the coordination of all work to
minimize disruption to building occupants and facilities.
2.6.4 Only materials and equipment which are to be used directly in the Work shall be brought to and
stored on the Site by the CM@Risk. When equipment is no longer required for the Work, it shall
be removed promptly from the Site. Protection of construction materials and equipment stored
at the Site from weather, theft, damage, and all other adversity is solely the responsibility of the
CM@Risk.
2.6.5 See Exhibit W – Use of Site, Delivery & Storage for more detailed information on the CM@Risk’s
responsibilities for maintaining and using the site.
2.7 Shop Drawings, Product Data and Samples
2.7.1 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents.
The purpose of their submittal is to demonstrate for those portions of the Work for which
submittals are required the way the CM@Risk proposes to conform to the information given and
the design concept expressed in the Contract Documents.
2.7.2 The CM@Risk shall review, approve, verify, and submit to the City each Shop Drawing, Product
Data, Sample, and similar submittal required by the Contract Documents in accordance with the
approved GMP schedule as shown in Exhibit B as to cause no delay in the Work or in the
activities of the City or of separate contractors. Submittals made by the CM@Risk, which are
not required by the Contract Documents, may be returned without action.
2.7.3 The CM@Risk shall perform no portion of the Work requiring submittal and review of Shop
Drawings, Product Data, Samples, or similar submittals until the respective submittal has been
approved by the City. Such Work shall be in accordance with approved submittals.
2.7.4 By approving, verifying, and submitting Shop Drawings, Product Data, Samples, and similar
submittals, the CM@Risk represents that the CM@Risk has determined and verified materials,
field measurements and field construction criteria related thereto, or will do so, and has checked
and coordinated the information contained within such submittals with the requirements of the
Work and of the Contract Documents.
2.7.5 The CM@Risk shall not be relieved of responsibility for deviations from requirements of the
Contract Documents by the City’s approval of Shop Drawings, Product Data, Samples or similar
submittals unless the CM@Risk has specifically informed the City in writing of such deviation at
the time of submittal and the City has given written approval to the specific deviation. The
CM@Risk shall not be relieved of responsibility for errors or omissions in Shop Drawings,
Product Data, Samples, or similar submittals by the City’s approval thereof.
2.7.6 The CM@Risk shall direct specific attention, in writing or on resubmitted Shop Drawings,
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Product Data, Samples, or similar submittals, to revisions other than those requested by the City
on previous submittals.
2.7.7 Informational submittals upon which the City is not expected to take responsive action may be
so identified in the Contract Documents.
2.7.8 When professional certification of performance criteria of materials, systems, or equipment is
required by the Contract Documents, the City shall be entitled to rely upon the accuracy and
completeness of such calculations and certifications.
2.8 Quality Control, Testing and Inspection
2.8.1 The CM@Risk shall follow the project-specific construction quality control requirements defined
in the Construction Management Plan created, reviewed, and approved under the
Preconstruction Phase Agreement. The following requirements are in addition to those found
in the Construction Management Plan, and shall be incorporated into the Construction
Management Plan for the construction phase.
2.8.2 All materials used in the Work shall be new and unused, unless otherwise noted, and shall meet
all quality requirements of the Contract Documents.
2.8.3 All construction materials to be used on the Work or incorporated into the Work, equipment,
plant, tools, appliances, or methods to be used in the Work may be subject to the inspection and
approval or rejection by the City. Any material rejected by the City shall be removed immediately
and replaced in an acceptable manner.
2.8.4 The procedures and methods used to sample, and test material will be determined by the City,
in consultation with the Design Professional.
2.8.5 The City may select a pre-qualified City or independent testing laboratory and may perform
additional acceptance testing at the City’s cost.
2.8.5.1 When the first and subsequent tests indicate noncompliance with the Contract Documents, the
cost associated with that noncompliance will be paid for by the CM@Risk.
2.8.5.2 When the first and subsequent tests indicate noncompliance with the Contract Documents, all
retesting shall be performed by the same testing agency.
2.8.6 The CM@Risk will cooperate with the selected testing laboratory and all others responsible for
testing and inspecting the work and shall provide them access to the Work at all times.
2.8.7 At the option of the City, materials may be approved at the source of supply before delivery is
started.
2.8.8 Code compliance testing and inspections required by codes or ordinances, or by a plan approval
authority, and which are made by a legally constituted authority, shall be the responsibility of
and shall be paid by the CM@Risk as a Cost of the Work, unless otherwise provided in the
Contract Documents or unless required by Chapter 2269 of the Texas Government Code.
2.8.9 CM@Risk’s convenience and quality control testing and inspections shall be the sole
responsibility of the CM@Risk and paid by the CM@Risk as a Cost of the Work.
2.9 Trade Names and Substitutions.
2.9.1 Contract Document references to equipment, materials, or patented processes by
manufacturer, trade name, make or catalog number, unless indicated that no substitutions are
permitted, substitute, or alternate items may be permitted, subject to the following:
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2.9.2 The substitution shall be submitted by CM@Risk in writing to the City.
2.9.3 The CM@Risk shall certify that the substitution will perform the functions and achieve the results
called for by the general design, be similar and of equal substance, and be suited to the same
use as that specified.
2.9.4 The submittal shall state any required changes in the Contract Documents to adapt the design
to the proposed substitution.
2.9.5 The submittal shall contain an itemized estimate of all costs and credits that will result directly
and indirectly from the acceptance of such substitution, including cost of design, license fees,
royalties, and testing. Also, the submittal shall include any adjustment in the Contract Time
created by the substitution.
2.9.6 The CM@Risk if requested by the City shall submit Samples or any additional information that
may be necessary to evaluate the acceptability of the substitution.
2.9.7 The City will make the final decision and will notify the CM@Risk in writing as to whether
the substitution has been accepted or rejected. If the City does not respond in a timely
manner, the CM@Risk shall continue to perform the Work in accordance with the Contract
Documents and the substitution will be considered rejected.
2.10 Project Record Documents
2.10.1 During the construction period, the CM@Risk shall maintain at the jobsite a set of the
Construction Document drawings, specifications and Shop Drawings for Project Record
Document purposes.
2.10.1.1 The CM@Risk shall update these documents to indicate the actual installation where the
installation varies appreciably from the original Construction Documents. Give particular
attention to information on concealed elements, which would be difficult to identify or measure
and record later. Items required to be marked include but are not limited to:
• Dimensional changes to the drawings.
• Revisions to details shown on drawings.
• Depths of foundations.
• Locations and depths of underground utilities.
• Revisions to routing of piping and conduits.
• Revisions to electrical circuitry & device locations.
• Revisions to low voltage systems & controllers/sensors/device locations.
• Actual equipment locations.
• Locations of concealed internal utilities.
• Changes made by Change Order.
• Details not on original Contract Drawings.
2.10.1.2 Mark completely and accurately Project Record Construction Documents or Shop Drawings,
when Shop Drawings are the most capable of indicating the actual physical condition. Where
Shop Drawings are marked, show cross-reference to the Shop Drawings on the appropriate
Construction Documents location.
2.10.1.3 Note RFI Numbers, ASI Numbers and Change Order numbers, etc., as required to identify the
source of the change to the Construction Documents.
2.10.1.4 The CM@Risk shall as a condition of Substantial Completion, submit Project Record Drawing
and Shop Drawings prints to the City or its representative for review and comment.
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2.10.2. Upon receipt of the reviewed Project Record Drawings from the City, the CM@Risk shall
correct any deficiencies and/or omissions to the drawings and prepare for submission to
the City within 14 Days.
2.11 Project Safety
2.11.2. CM@Risk recognizes the importance of performing the Work in a safe manner so as to prevent
damage, injury, or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work,
including materials and equipment incorporated into the Work or stored on-Site or off-Site, and
(iii) all other property at the Site or adjacent thereto.
2.11.3. CM@Risk assumes responsibility for implementing and monitoring all safety precautions and
programs related to the performance of the Work.
2.11.4. CM@Risk shall, prior to commencing construction, designate a safety representative with the
necessary qualifications and experience to supervise the implementation and monitoring of all
safety precautions and programs related to the Work. Unless otherwise required by the Contract
Documents, CM@Risk’s safety representative shall be an individual stationed at the Site who
may have other responsibilities on the Project in addition to safety.
2.11.5. The safety representative shall make routine daily inspections of the Site and shall hold weekly
safety meetings with CM@Risk’s personnel, Subcontractors, and others as applicable.
2.11.6. CM@Risk and Subcontractors shall comply with all Legal Requirements relating to safety, as
well as any City-specific safety requirements set forth in the Contract Documents, provided that
such City-specific requirements do not violate any applicable Legal Requirement.
2.11.7. CM@Risk will report in writing any safety-related injury, loss, damage, or accident arising from
the Work to City’s Representative in not less than four (4) hours (via email); follow up with a full,
written report on details, causes and results of the incident within two (2) business days; and
submit an incident prevention and “lessons learned” within one (1) week of the occurrence. To
the extent mandated by Legal Requirements, report the incident as required to all government
or quasi-government authorities having jurisdiction over safety- related matters involving the
Project or the Work.
2.11.8. CM@Risk’s responsibility for safety under this Section is not intended in any way to relieve
Subcontractors of their own contractual and legal obligations and responsibility for (i) complying
with all Legal Requirements, including those related to health and safety matters, and (ii) taking
all necessary measures to implement and monitor all safety precautions and programs to guard
against injury, losses, damages or accidents resulting from their performance of the Work.
2.12 Warranty
2.12.1 CM@Risk warrants to City that the construction, including all materials and equipment
furnished as part of the construction, shall be new unless otherwise specified in the Contract
Documents, of good quality, in conformance with the Contract Documents and free of defects
in materials and workmanship.
2.12.2. CM@Risk’s warranty obligation excludes defects caused by abuse, alterations, or failure to
maintain the Work by persons other than CM@Risk or anyone for whose acts CM@Risk may
be liable.
2.12.3. CM@Risk’s warranty obligation shall be for two years. One (1) year warranty included for all labor,
material, and equipment. 2nd year warranty included to account for any repairs of the Work requiring
labor and/or miscellaneous materials only. Equipment and installed manufactured goods shall provide
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a one (1) year warranty or manufacturer standard warranty of no less than one (1) year, whichever is
greater.
2.12.4. Nothing in this warranty is intended to limit any manufacturer’s warranty which provides City with
greater warranty rights than set forth in this Section or the Contract Documents. CM@Risk will provide
City with all manufacturers’ warranties upon Substantial Completion.
2.12.5. See Exhibit V – Warranty Requirements for more detailed information on the CM@Risk’s warranty
responsibilities.
2.13 Correction of Defective Work
2.13.2. CM@Risk agrees to correct any Work that is found to not be in conformance with the Contract
Documents, including that part of the Work subject to Section 2.12 above, within a period of two
years from the date of Substantial Completion of the Work or any portion of the Work, or within such
longer period to the extent required by the Contract Documents. City agrees that CM@Risk shall
provide a one (1) year warranty included for all labor, material, and equipment. 2nd year warranty
included to account for any repairs of the Work requiring labor and/or miscellaneous materials only.
Equipment and installed manufactured goods shall provide a one (1) year warranty or manufacturer
standard warranty of no less than one (1) year, whichever is greater. A progress payment, or partial
or entire use or occupancy of the Project by the City, shall not constitute acceptance of Work not in
accordance with the Contract Documents.
2.13.3. During the Work, CM@Risk shall take meaningful steps to commence correction of such
nonconforming Work as notified by the City. This includes the correction, removal or replacement of
the nonconforming Work and any damage caused to other parts of the Work affected by the
nonconforming Work. If CM@Risk fails to commence the necessary steps during the Work, City, in
addition to any other remedies provided under the Contract Documents, may provide CM@Risk, and
its surety, with written notice that City will commence correction of such nonconforming Work with its
own forces.
2.13.4. CM@Risk shall, take meaningful steps to commence correction of nonconforming Work subject to
Section 2.12 above, within seven (7) Days of receipt of written notice from City. This includes the
correction, removal or replacement of the nonconforming Work and any damage caused to other
parts of the Work affected by the nonconforming Work. If CM@Risk fails to commence the
necessary steps within such seven (7) Day period, City, in addition to any other remedies provided
under the Contract Documents, may provide CM@Risk, and its surety, with written notice that City
will commence correction of such nonconforming Work with its own forces.
2.13.5. If City does perform such corrective Work, CM@Risk and/or its surety shall be responsible for all
reasonable costs incurred by City in performing such correction.
2.13.6. If the nonconforming Work creates an emergency requiring an immediate response, the CM@Risk
will respond and initiate corrections within twenty-four hours.
2.13.7. The warranty period referenced in Subsection 2.12.1 above applies only to CM@Risk’s obligation to
correct nonconforming Work and is not intended to constitute a period of limitations for any other
rights or remedies City may have regarding CM@Risk’s other obligations under the Contract
Documents.
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Article 3 - City’s Services and Responsibilities
3.1 Duty to Cooperate.
3.1.1 City shall, throughout the performance of the Work, cooperate with CM@Risk and perform its
responsibilities, obligations, and services in a timely manner to facilitate CM@Risk’s timely and
efficient performance of the Work and so as not to delay or interfere with CM@Risk’s
performance of its obligations under the Contract Documents.
3.1.2 City shall furnish at the CM@Risk’s request, at no cost to the CM@Risk, a CADD file of the
Construction Documents in AutoCAD format compatible with City of Denton Engineering and
Architectural Services Department CADD technology.
3.1.3 The City will, if needed, provide training in the use and operation of the Procore system.
3.2 City’s Representative
3.2.1 City’s Representative shall be responsible for providing City-supplied information and approvals
in a timely manner to permit CM@Risk to fulfill its obligations under the Contract Documents.
3.2.2 City’s Representative shall also provide CM@Risk with prompt notice if it observes any failure
on the part of CM@Risk to fulfill its contractual obligations, including any default or defect in the
Project or non-conformance with the Contract Documents.
3.2.3 The City may utilize its own or a third party’s field staff to assist the City’s Representative during
construction in observing performance of the CM@Risk and performing other City functions.
This field staff is for the purpose of assisting the City’s Representative and should not be
confused with an inspector with a City regulatory agency or with an inspector from a City
laboratory or materials testing and special inspections firm contracted to the City pursuant to
Subsection 2.8.5.
3.2.3.1 Through onsite observation of the Work in progress and field checks of materials and equipment,
the field staff shall endeavor to provide protection against defects and deficiencies in the Work.
3.2.3.2 The field staff will be authorized to review all Work and materials furnished. Such review may
extend to all or part of the Work and to the preparation, fabrication or manufacture of the
materials to be used.
3.2.3.3 The field staff will not be authorized to issue instructions contrary to the Construction Documents
or to act as a supervisor for the CM@Risk.
3.2.3.4 The field staff shall have the authority to reject work or materials until any questions at issue can
be decided by the City’s Representative.
3.2.3.5 The furnishing of such services for the City shall not make the City responsible for or give the
City control over construction means, methods, techniques, sequence or procedures, or for
safety precautions or programs or responsibility for the CM@Risk’s failure to perform the work
in accordance with Contract Documents.
3.3 Design Professional Services
3.3.1 The City may contract separately with one or more Design Professionals to provide services for
the project. The Design Professional’s contract(s) as well as other firms hired by the City to
provide services on the project shall be furnished to the CM@Risk. The CM@Risk shall not
have any right however, to limit or restrict any contract modifications that are mutually acceptable
to the City and Design Professional.
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3.3.2 The City may contract with the Design Professional or a designated third party to provide some
or all of the following services during the performance of the Work.
3.3.2.1 Provide oversight of the Work. The City and CM@Risk shall endeavor to communicate through
the Design Professional or designated third party. Communications by and with the Design
Professional’s consultants shall be through the Design Professional.
3.3.2.2 Make visits to the Site at intervals appropriate to the stage of construction to become generally
familiar with the progress and quality of the completed Work and work in progress and to
determine in general if the Work is being performed in accordance with the Contract Documents.
The Design Professional will keep the City informed of progress of the Work and will endeavor
to guard the City against defects and deficiencies in the Work. The Design Professional may
have authority, but not the responsibility to reject construction which does not conform to the
Construction Documents; and may require additional inspection or testing of the construction in
accordance with Section 2.8.
3.3.2.3 Review and approve or take other appropriate action upon the CM@Risk’s submittals such as
Shop Drawings, Product Data and Samples in accordance with Section 2.7.
3.3.2.4 Interpret and decide matters concerning performance under and requirements of the Contract
Documents on written request of either the City or CM@Risk. The Design Professional’s or
designated third party’s response to such requests will be made with reasonable promptness
and within any time limits agreed upon.
3.3.2.5 Prepare Change Orders and may authorize minor changes in the Work as provided in
Subsection 6.6.1.
3.3.2.6 Conduct reviews to determine Substantial Completion and Final Acceptance.
3.3.2.7 Receive and forward to the City for the City’s review and records written warranties and related
documents required by the Contract Documents and assembled by the CM@Risk.
3.4 City’s Separate Contractors. City is responsible for all work performed on the Project or at the
Site by separate contractors under City’s control. City shall contractually require its separate
contractors to cooperate with and coordinate their activities so as not to interfere with, CM@Risk
in order to enable CM@Risk to timely complete the Work consistent with the Contract
Documents. Any City separate contractors will be subject to City insurance and subrogation
requirements.
3.5 Permit Review and Inspections.
3.5.1 If requested by the CM@Risk, the City’s Representative will provide assistance and guidance
in obtaining necessary reviews, permits and inspections.
3.5.2 Regulating agencies of the City, such as Developmental Services, Fire and Planning
Departments, enforce Legal Requirements. These enforcement activities are not subject to the
responsibilities of the City under this Agreement.
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Article 4 - Contract Time
4.0. Contract Time.
4.0.1. Contract Time shall start with the commencement date established in the Notice to Proceed for
the first Approved GMP and end with Substantial Completion.
4.0.2. Each GMP will establish a separate commencement date and a date of Substantial Completion
and a Performance Period. The Performance Periods may not be sequential and may run
concurrently. The Period to achieve Substantial Completion for each GMP shall be set forth in
each GMP submission.
4.0.3. CM@Risk agrees that it will commence performance of the Work and achieve the Performance
Periods and Contract Time.
4.0.4. All of the times set forth in this Article 4 shall be subject to adjustment in accordance Article 6.
4.1. Substantial Completion
4.1.1. Substantial Completion shall be for the entire Project unless a partial Substantial Completion is
identified in the approved GMP schedule and stated in the Notice to Proceed letter. Substantial
Completion shall be in accordance with its definition in Article 1. and with the criteria set forth in
the Notice to Proceed.
4.1.2. Prior to notifying the City in accordance with Subsection 4.1.3 below, the CM@Risk shall inspect
the Work and prepare and submit to the City a comprehensive list of items to be completed or
corrected. The CM@Risk shall proceed promptly to complete and correct items on the list.
Failure to include an item on such list does not alter the responsibility of the CM@Risk to
complete all Work in accordance with the Contract Documents.
4.1.3. CM@Risk shall notify City when it believes the Work, or to the extent permitted in the Contract
Documents, a portion of the Work, is substantially complete.
4.1.4. Within five (5) days of City’s receipt of CM@Risk’s notice, City and CM@Risk will jointly inspect
such Work to verify that it is substantially complete in accordance with the requirements of the
Contract Documents.
4.1.5. If such Work is substantially complete, City shall prepare and issue a Certificate of Substantial
Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof,
(ii) the remaining items of Work that have to be completed within forty-five (45) calendar days
before Final Acceptance, (iii) provisions (to the extent not already provided in the Contract
Documents) establishing City’s and CM@Risk’s responsibility for the Project’s security,
maintenance, utilities, and insurance pending Final Acceptance, and (iv) an acknowledgment
that warranties commence to run on the date of Substantial Completion, except as may
otherwise be noted in the Certificate of Substantial Completion.
4.1.6. City, at its option, may use a portion of the Work which has been determined to be substantially
complete, provided, however, that (i) a Certificate of Substantial Completion has been issued
for the portion of Work addressing the items set forth in Subsection 4.1.5 above, (ii) CM@Risk
and City have obtained the consent of their sureties and insurers, and to the extent applicable,
the appropriate government authorities having jurisdiction over the Project, and (iii) City and
CM@Risk agree that City’s use or occupancy will not interfere with CM@Risk’s completion of
the remaining Work.
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4.2. Final Acceptance. Upon receipt of written notice that the Work or identified portions of the Work
is ready for final acceptance, City, Design Professional and CM@Risk will jointly verify that the
remaining items of Work have been completed as set forth in Subsection 4.1.5. The City will
issue a Final Acceptance Letter and payment pursuant to Section 7.5.
4.3. Liquidated Damages.
4.3.1. CM@Risk recognizes that TIME IS OF THE ESSENCE for the CM@Risk to achieve Substantial
Completion and City will suffer financial loss if the Work is not completed within the Contract
Time. The Contractor also recognizes the delays, expense and difficulties involved in proving in
a legal proceeding, the actual loss suffered by the City if the Work is not completed on time.
Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages
for delay (but not as a penalty), Contractor shall pay City Two Thousand Dollars ($2,000.00) for
each day that expires after the Contract Time, as adjusted in accordance with this Contract, until
the Day that Substantial Completion occurs. Contractor shall achieve Final Completion within
forty-five (45) calendar days of Substantial Completion. Contractor shall pay City One Thousand
Dollars ($1000.00) for each day that expires after the contract time, as adjusted in accordance
with this Contract, until the day that Final Acceptance occurs.
4.3.2. The City may at its sole discretion deduct from any monies due or which may become due the
CM@Risk, a sum as specified herein, for each and every calendar day that the Work shall
remain uncompleted. This sum shall be considered, not as penalty, but as the cost(s) for
substantial losses suffered by the public and the City. Liquidated damages are intended to
compensate the City for the CM@Risk’s failure to meet the deadlines set forth herein, and shall
not excuse the CM@Risk from liability from any other breach of requirements of the Contract
Documents, including any failure of the Work to conform to applicable requirements. The
CM@Risk agrees that the sums in Section 4.3.1 are reasonable in light of the anticipated or
actual harm caused by the delay and breach, the difficulties of the proof of loss, and the
inconvenience or nonfeasibility of otherwise obtaining an adequate remedy.
4.3.3. The parties acknowledge, covenant, and agree that the daily basis and the amount set forth
above for liquidated damages are reasonable because of the unique nature of the Project as a
benefit to the public; the fact that inconvenience to the public will be one of the significant impacts
of any failure by the CM@Risk to timely complete the Work; and that it is impracticable and
extremely difficult to ascertain and determine the actual losses which would accrue to the City
and the public. Permitting the CM@Risk to continue and finish the Work, or any portion thereof,
after the time fixed for its completion, shall in no way operate as a waiver on the part of the City
of any of its rights under the Contract.
4.4. Project Schedule
4.4.1. The Project Schedule approved as part of a GMP shall be updated and maintained throughout
the Work.
4.4.2. The Project Schedule shall be revised as required by conditions and progress of the Work, but
such revisions shall not relieve CM@Risk of its obligations to complete the Work within the
Contract Time, as such dates may be adjusted in accordance with the Contract Documents.
4.4.3. Updated Project Schedules shall be submitted monthly in electronic forms to the City as part of
the Payment Request. This submittal will include the overall project schedule, critical path
schedule and native file.
4.4.4. CM@Risk shall provide City with a monthly status report with each Project Schedule detailing
the progress of the Work, including: (i) if the Work is proceeding according to Project Schedule,
(ii) any discrepancies, conflicts, or ambiguities found to exist in the Contract Documents that
require resolution, and (iii) other items that require resolution so as not to jeopardize ability to
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complete the Work as presented in the GMP proposal and within the Contract Time. Each status
report shall also include the following:
• Description of problem tasks (referenced to field instructions, requests for information
(RFI’s), as appropriate.
• Current and anticipated delays including:
o Cause of the delay;
o Corrective action and schedule adjustments to correct the delay;
o Known or potential impact of the delay on other activities, Milestones, and the date of
Substantial Completion.
• Changes in construction sequence
• Pending items and status thereof including but not limited to:
o Time Extension requests;
o Other items.
• Substantial Completion date status:
o If ahead of schedule, the number of calendar Days ahead;
o If behind schedule, the number of calendar Days behind.
• Other project or scheduling concerns
4.4.5. City’s review of and response to the Project Schedule is only for general conformance with the
scheduling requirements of the Contract Documents. The review shall not relieve the CM@Risk
from compliance with the requirements of the Contract Documents or be construed as relieving
the CM@Risk of its complete and exclusive control over the means, methods, sequences, and
techniques for executing the Work.
4.4.6. The Project Schedule shall include a Critical Path Method (CPM) diagram schedule that shall
show the sequence of activities, the interdependence of each activity and indicate the Critical
Path.
4.4.6.1. The CPM diagram schedule shall be in Days and indicate duration, earliest and latest start and
finish dates for all activities, and total Float times for all activities except critical activities. The
CPM diagram shall be presented in a time scaled graphical format for the Project as a whole.
4.4.6.2. The CPM diagram schedule shall indicate all relationships between activities.
4.4.6.3. The activities making up the schedule shall be sufficient detail to assure that adequate planning
has been done for proper execution of the Work and such that it provides an appropriate basis
for monitoring and evaluating the progress of the Work. Further, activities shall be included for,
without limitation, any and all City franchised or private utilities required to be temporarily or
permanently demolished, relocated or installed; design, procurement, furnishing and installing of
equipment, information technology systems, security systems, furnishings, and other City
improvements (whether installed by the CM@Risk or the City) required for the Work to be
completely functional as intended. These Owner Activities will be shown in the schedule with
the appropriate precursor and successor activities necessary for monitoring and evaluating the
progress of the Owner Activities.
4.4.6.4. The CPM diagram schedule shall be based upon activities, which would coincide with the
schedule of values, but the Project Schedule is not required to be cost-loaded.
4.4.6.5. The CPM diagram schedule shall show all critical submittals associated with each work activity
and the review time for each submittal.
4.4.6.6. The Project Schedule shall show Milestones, including Milestones for Owner-furnished
information, utilities and improvements when those Milestones are interrelated with the
CM@Risk activities.
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4.4.6.7. The Project Schedule shall include a Critical Path activity that reflects anticipated rain delay
during the performance of the Contract. The duration shall reflect the average climatic range and
usual industrial conditions prevailing in the locality of the site. Weather data shall be based on
information provided by the National Weather Services or other approved source.
4.4.7. The Project Schedule shall consider the City’s and the other stakeholder occupancy
requirements showing portions of the Project having occupancy priority, and Contract Time.
4.4.8. Float time shall be as prescribed below.
4.4.8.1. The total Float within the overall Project Schedule, is for the exclusive use for the CM@Risk.
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Article 5- Contract Price
5.0. The CM@Risk agrees at his own proper cost and expense, to do all Work as aforesaid for the
construction of said improvements and to completely construct the same and install the material
therein, as called for by this Agreement free and clear of all claims, liens, and charges
whatsoever, in the manner and under the conditions specified within the time, or times, stated
in the approved GMP proposal.
5.1. Contract Price.
5.1.1. The Contract Price will be as approved in the Guaranteed Maximum Price proposal attached as
Exhibit B including an amount, if any, for Owner’s Contingency
5.1.2. Guaranteed Maximum Price is a lump sum amount defined in the GMP exhibit. The CM@Risk
is at risk to cover any additional Project costs. Any allowance, or portion of, that is not used and
approved through the pay application process shall revert to the City. Owner agrees that the
allocation of the Guaranteed Maximum Price, as set forth in the Schedule of Values, shall not
constitute a separate guaranteed maximum price for each individual line item in the schedule of
values.
5.1.3 Owner’s Contingency are funds to be used at the discretion of the Owner to cover any increases
in Project costs that result from Owner directed changes or unforeseen site conditions. Owner’s
Contingency, if any, will be added to the GMP amount provided by the CM@Risk, the sum of
which will be the total contract price for construction. Markups for Construction Fee will be
applied by the CM@Risk at the time that Owner’s Contingency is used.
5.1.4 As a City public procurement project this Project is tax exempt. Appropriate tax exemption forms
shall be provided to the CM@Risk.
5.1.5 The GMP is subject to adjustments made in accordance with Article 6 and by GMP amendments
to this Agreement.
5.1.6 GMP amendments are cumulative.
5.1.6.1 If the GMP requires an adjustment due to changes in the Work or other causes as allowed in
the Contract Documents, the cost of such changes is determined subject to Article 6. The
markups that shall be allowed on such changes shall be no greater than the markups delineated
in Article 6.
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Article 6 - Changes to the Contract Price and Time
6.1. Delays to the Work
6.1.1. If CM@Risk is delayed in the performance of the Work that will cause a change in the date of
Substantial Completion due to acts, omissions, conditions, events, or circumstances beyond its
control and due to no fault of its own or those for whom CM@Risk is responsible, the Contract
Times for performance shall be reasonably extended by Change Order.
6.1.2. The CM@Risk shall request an increase in the Contract Time by written notice including an
estimate of probable effect of delay on progress of the Work. In the case of a continuing delay
only one request is necessary. Such notice shall not be later than fourteen (14) Days after such
condition or event has been encountered.
6.1.3. By way of example, events that will entitle CM@Risk to an extension of the Contract Time
include acts or omissions of City or anyone under City’s control (including separate contractors),
changes in the Work, Differing Site Conditions, delays by regulating agencies, wars, floods,
labor disputes, unusual delay in transportation, epidemics, earthquakes, adverse weather
conditions not reasonably anticipated, and other acts of God.
6.1.4. If adverse weather conditions are the basis for a request for additional Contract Time, such
requests shall be documented by data substantiating that weather conditions were abnormal for
the period of time and that weather conditions had an adverse effect on the scheduled
Substantial Completion.
6.1.4.1. In allowing delays for weather, the City will be entitled to consider weather conditions prevailing
throughout the entire Contract period. The City and CM@Risk will together reconcile actual
working days lost and gained over the entire Contract period every ninety (90) days. The
CM@Risk shall then adjust the activities for the schedule’s Float reserves where those activities
are carried in the CM@Risk’s Project Schedule (if any).
6.1.5. It is understood, however, that permitting the CM@Risk to proceed to complete any Work, or
any part of the Work, after the date to which the time of completion may have been extended,
shall in no way act as a waiver on the part of the City of any of its legal rights herein.
6.1.6. In addition to CM@Risk’s right to a time extension for those events set forth in this Section,
CM@Risk shall also be entitled to an appropriate adjustment of the Contract Price provided,
however, that the Contract Price shall not be adjusted for those events set forth in this Section
that are beyond the control of both CM@Risk and City, including the events of war, floods, labor
disputes, earthquakes, epidemics, adverse weather conditions not reasonably anticipated, and
other acts of God. In the event of an occurrence under this Section, the CM@Risk and any
Subcontractors will be excused from any further performance or observance of the requirements
so affected for as long as such circumstances prevail, and the CM@Risk and any
Subcontractors continues to use commercially reasonable efforts to recommence performance
or observance whenever and to whatever extent possible without delay. Any Subcontractors of
the CM@Risk shall immediately notify the CM@Risk, who shall then immediately notify the City
Project Manager by telephone of any such circumstances or event (to be confirmed in writing
within five (5) calendar days of the inception of such occurrence) and describe at a sufficient
level of detail the circumstances causing the non-performance or delay in performance.
6.1.7. If either the Work actually in place falls behind as reflected by the currently updated Project
Schedule, or it becomes apparent or likely in the reasonable opinion of the City that the Work
will not be completed within the Contract Time or in accordance with the CM@Risk’s Project
Schedule, due to delays caused by the CM@Risk or its subcontractors, the CM@Risk agrees it
shall, as necessary, take some or all of the following actions (hereinafter referred to collectively
as “Extraordinary Measures”) at no additional cost to the City or their consultants, as required
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to substantially eliminate, in the judgment of the City, the backlog of CM@Risk’s Work on the
Project:
6.1.7.1. Increase quantities of, without limitation, labor, supervision, material deliveries, equipment on
site, and crafts as necessary;
6.1.7.2. Increase the number of working hours per shift, shifts per working day, working days per week,
or any combination of the foregoing;
6.1.7.3. Reschedule activities to achieve maximum practical concurrence of accomplishment; and
6.1.7.4. Do whatever else is reasonably required by the City.
6.1.8. These Extraordinary Measures shall continue until the progress of the Work complies with the
stage of completion required by the Contract Documents. The City’s right to require
Extraordinary Measures is solely for the purpose of ensuring the CM@Risk’s compliance with
the CM@Risk’s Schedule.
6.1.9. In the event of such a delay, the City may also require the CM@Risk to immediately submit a
Proposed Recovery Schedule for its review and approval, demonstrating to the City’s
satisfaction the effect of applying the necessary and continuing Extraordinary Measures required
to recover the Substantial Completion date shown in the most currently approved Project
Schedule.
6.2 Differing Site Conditions
6.2.1 If CM@Risk encounters a Differing Site Condition, CM@Risk will be entitled to an adjustment
in the Contract Price and/or Contract Times to the extent CM@Risk’s cost and/or time of
performance are adversely impacted by the Differing Site Condition.
6.2.2 Upon encountering a Differing Site Condition, CM@Risk shall provide prompt written notice to
City of such condition, which notice shall not be later than seven (7) days after such condition
has been encountered. CM@Risk shall, to the extent reasonably possible, provide such notice
before the Differing Site Condition has been further or substantially disturbed or altered.
6.3 Errors, Ambiguities, Discrepancies and Omissions.
6.3.1 If the CM@Risk observes errors, ambiguities, discrepancies, or omissions in the Contract
Documents, they shall promptly notify the Design Professional and request clarification.
6.3.2 If the CM@Risk proceeds with the Work affected by such known errors, ambiguities,
discrepancies, or omissions, without receiving such clarifications, they do so at their own risk.
Adjustments involving such circumstances made by the CM@Risk prior to clarification by the
Design Professional shall be at the CM@Risk’s risk.
6.4 City Requested Change in Work.
6.4.1 The City reserves the right to make, at any time during the progress of the Work, such
alterations as may be found necessary or in the City’s best interest.
6.4.2 Such alterations and changes shall not invalidate this Agreement nor release the surety and
the CM@Risk agrees to perform the Work as altered, the same as if it has been a part of the
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original Contract Documents.
6.4.3 The City will request a proposal for a change in Work from CM@Risk, and an equitable
adjustment in the Contract Price and/or Contract Times shall be made based on a mutual
agreed upon cost and time.
6.5. Legal Requirements.
6.5.1. The Contract Price and/or Contract Times shall be adjusted to compensate CM@Risk for the
effects of any changes in the Legal Requirements enacted after the date of the Agreement or
the date of the GMP proposal, affecting the performance of the Work.
6.6. Change Directives and Change Orders.
6.6.1. City and CM@Risk shall negotiate in good faith and as expeditiously as possible the appropriate
adjustments for a Change Directive. Upon reaching an agreement, the parties shall prepare and
execute an appropriate Change Order reflecting the terms of the adjustment.
6.6.2. All changes in Work authorized by Change Orders shall be performed under the conditions of
the Contract Documents
6.7. Minor Changes in the Work
6.7.1. The City has authority to order minor changes in Work that do not materially and adversely affect
the Work, including the design, quality, performance, and workmanship required by the Contract
Documents. Such changes shall be affected by written order and shall be binding on the City
and CM@Risk. The CM@Risk shall carry out such written orders promptly.
6.7.2. CM@Risk may make minor changes in Work, provided, however that CM@Risk shall promptly
inform City, in writing, of any such changes and record such changes, if appropriate, on the
Project Record Documents maintained by CM@Risk.
6.7.3. Minor changes in Work will not involve an adjustment in the Contract Price and/or Contract Times.
6.8. Contract Price Adjustments
6.8.1. The increase or decrease in Contract Price resulting from a change in the Work shall be handled
in accordance with the provisions of Section 2251.0521 of the Texas Government Code and
determined by one or more of the following methods:
6.8.1.1. Unit prices set forth in the Agreement or as subsequently agreed to between the parties;
6.8.1.2. A mutually accepted, lump sum, properly itemized and supported by sufficient substantiating
data to permit evaluation by City; or
6.8.1.3. Estimated cost of the Work, General Conditions Costs, if applicable, Construction Fee and tax.
6.8.2. The markups for overhead and profit that shall be allowed on the Cost of the Work driven by
each change shall be no greater than that specified in Section 6.8.5 below.
6.8.3. If an increase or decrease cannot be agreed to as set forth in Subsections 6.8.1.1 through
6.8.1.3 above and City issues a Change Directive, the cost of the change of the Work shall be
determined by the verifiable, actual expenses and savings in the performance of the Work
resulting from the change, including a reasonable overhead and profit as shown in Section 6.8.5
below. CM@Risk shall maintain a documented, itemized accounting evidencing the expenses
and savings associated with such changes.
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6.8.4. Cost of the Work for the purposes of this Section 6.8, and in calculating overhead and profit
shall be limited to the following:
6.8.4.1. Costs of labor, including applicable and verifiable payroll taxes, fringe benefits required by
agreement, workers’ compensation insurance, and other employee costs approved by the City;
6.8.4.2. Costs of materials, supplies, and equipment, including cost of transportation, whether
incorporated or consumed;
6.8.4.3. Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the
CM@Risk or others;
6.8.4.4. Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes,
directly related to the change; and
6.8.4.5. Additional, verifiable payroll and subsistence costs incurred by the CM@Risk, Subcontractor,
and Sub-subcontractor of field personnel directly attributable to the change.
6.8.5. The allowance for the combined total of onsite and offsite overhead and profit included in the
total cost to the City for proposed Change Orders shall be based on the following schedule
6.8.5.1. For the CM@Risk, for Work performed by the CM@Risk’s own forces, CM@Risk’s fee
percentage (5%) plus actual direct jobsite costs associated with the additional work, if any;
6.8.5.2. For the CM@Risk, for Work performed by the CM@Risk’s Subcontractor, CM@Risk’s fee
percentage (5%) plus actual direct jobsite costs associated with the additional work, if any;
6.8.5.3. For each Subcontractor or sub-Subcontractor involved, for Work performed by that
Subcontractor or Sub-subcontractor’s own forces, ten percent (10%) of the cost; this percentage
is inclusive of all direct and indirect markups.
6.8.5.4. For each Subcontractor, for Work performed by the Subcontractor’s sub-Subcontractors, five
percent (5%) of the amount due the sub-Subcontractor; this percentage is inclusive of all direct
and indirect markups.
6.8.5.5. Under no circumstance shall costs of the CM@Risk’s supervisory, management, administrative
or other office personnel, regardless of where stationed, be paid as cost of the Work for such a
change. Conversely, the CM@Risk shall be compensated for such personnel within the
overhead and profit percentage specified in this Section 6.8.4.
6.8.5.6. In order to facilitate checking of quotations for extras or credits, all proposals, except those so
minor that their propriety can immediately be seen by inspection, shall be accomplished by a
complete itemization of quantities and costs including labor, materials, and subcontracts. Labor
and materials shall be itemized in the manner prescribed above. Where major cost items are
subcontracts, they shall be itemized also;
6.8.5.7. When both additions and credits are involved in any change, the allowance for overhead and
profit shall be figured on the basis of the net increase or decrease, if any; and
6.8.5.8. Overtime, when specifically authorized by the City and not as a requirement for the CM@Risk
to fulfill its obligations under this Agreement, shall be paid for by the City on the basis of premium
payment only, plus the cost of insurance and taxes based on the premium payment period.
Overhead and profit will not be paid by the City for overtime.
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6.8.6. If unit prices are set forth in the Contract Documents or are subsequently agreed to by the
parties, but application of such unit prices will cause substantial inequity to City or CM@Risk
because of differences in the character or quantity of such unit items as originally contemplated,
such unit prices shall be equitably adjusted.
6.8.7. If City and CM@Risk disagree upon whether CM@Risk is entitled to be paid for any services
required by City, or if there are any other disagreements over the scope of Work or proposed
changes to the Work, City and CM@Risk shall resolve the disagreement pursuant to Article 8
hereof.
6.8.7.1. As part of the negotiation process, CM@Risk shall furnish City with a good faith estimate of the
costs to perform the disputed services in accordance with City’s interpretations.
6.8.7.2. If the parties are unable to agree and City expects the CM@Risk to perform the services in
accordance with City’s interpretations, CM@Risk shall proceed to perform the disputed
services, conditioned upon City issuing a written order to CM@Risk (i) directing CM@Risk to
proceed and (ii) specifying City’s interpretation of the services that are to be performed unless
otherwise prohibited under Section 2251.0521 of the Texas Government Code.
6.8.8. Emergencies. In any emergency affecting the safety of persons and/or property, CM@Risk
shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the
Contract Price and/or Contract Time resulting from emergency work under this Section shall be
determined as provided in this Article.
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Article 7- Procedure for Payment
7.0. For and in consideration of the faithful performance of the Work herein embraced as set forth in
the Contract Documents, which are a part hereof and in accordance with the directions of the
City and to its satisfaction, the City agrees to pay the said CM@Risk the actual Cost of the Work
and any applicable General Conditions Costs including, insurance and bonding, taxes, if any,
and the CM@Risk’s Construction Fee, but no more than the GMP as adjusted by any Change
Orders. Payment for the specific work under this Agreement will be made in accordance with
payment provisions detailed below.
7.1. GMP Payment Request
7.1.1. At the pre-construction conference prescribed in Section 2.4, CM@Risk shall submit for City’s
review and approval a schedule of values. The schedule of values will serve as the basis for
monthly progress payments made to CM@Risk throughout the Work.
7.1.2. At least five (5) working days prior to the date established for a Payment Request, the CM@Risk
shall submit an updated Project Schedule and meet with the City’s Representative to review the
progress of the Work as it will be reflected on the Payment Request.
7.1.3. The Payment Request shall constitute CM@Risk’s representation that the Work has been
performed consistent with the Contract Documents, has progressed to the point indicated in the
Payment Request, and that all Work will pass to City free and clear of all claims, liens,
encumbrances, and security interests upon the incorporation of the Work into the Project and
payment, therefore.
7.1.4. The Payment Request may request payment for stored equipment and materials if construction
progress is in reasonable conformance with the approved Project Schedule.
7.1.4.1. For equipment and materials suitably stored at the Site, the equipment and materials shall be
protected by suitable insurance and City shall receive the equipment and materials free and
clear of all liens and encumbrances upon payment, therefore.
7.1.4.2. For materials and equipment stored off the Site and included in Payment Request, the City must
approve the storage. The material and equipment must be stored in a suitable location, and
CM@Risk shall provide supporting documentation regarding the location of the storage of the
materials and equipment stored off the Site along with proper insurance documents. To the
extent reasonably available, CM@Risk will provide City with access for inspection. The
CM@Risk must protect the City’s interest and shall include applicable insurance, bonding,
storage, and transportation to the Site.
7.1.4.3. All bonds and insurance required for stored materials shall name the City as the loss payee to
the extent of its interest in the stored materials.
7.1.5. CM@Risk shall submit payment requests to the City at the beginning of each month beginning
with the first month after the construction Notice to Proceed.
7.1.6. With every Payment Request for the Work, CM@Risk will submit an affidavit stating that the
CM@Risk has complied with the requirements of Chapter 2258, Texas Government Code. The
parties hereto agree that any electronic copy of such affidavit shall be treated as an original for
all intents and purposes.
7.2. Payment of GMP
7.2.1. City shall make payment in accordance with the provisions of this Contract and Chapter 2251
of the Texas Government Code. Payment will be made no later than thirty (30) Days after the
Payment Request is approved by the City, but in each case less the total of payments previously
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made, and less amounts properly retained under Section 7.3 below.
7.2.2. City shall pay CM@Risk all amounts properly due. If City determines that there is an error in the
Payment Request and the CM@Risk is not entitled to all or part of a Payment Request, it will
notify CM@Risk in writing within twenty-one (21) Days after the date Payment Request is
received by the City. The notice shall indicate the specific amounts City intends to withhold, the
reasons and contractual basis for the withholding, and the specific measures CM@Risk must
take to rectify City’s concerns. CM@Risk and City will attempt to resolve City’s concerns. If the
parties cannot resolve such concerns, CM@Risk may pursue its rights under the Contract
Documents, including those under Article 8 hereof.
7.3. Retention on GMP
7.3.1. City will retain five percent (5%) of each Payment Request amount provided.
7.4. Substantial Completion. Upon Substantial Completion of the entire Work or, if applicable, any
portion of the Work, City shall release to CM@Risk all retained amounts relating, as applicable,
to the entire Work or substantially completed portion of the Work, less an amount of the
reasonable value of all remaining or incomplete items of Work as noted in the Certificate of
Substantial Completion.
7.5. Final Payment
7.5.1. After receipt of a final Payment Request, City shall make final payment 30 days after the receipt
by the City, provided that CM@Risk has completed all of the Work in conformance with the
Contract Documents and a Final Acceptance Letter has been issued by the City.
7.5.2. At the time of submission of its final Payment Request, CM@Risk shall provide the following
information:
7.5.2.1. An affidavit that there are no claims, obligations, or liens outstanding or unsatisfied for labor,
services, material, equipment, taxes, or other items performed, furnished or incurred for or in
connection with the Work which will in any way affect City’s interests;
7.5.2.2. A general release executed by CM@Risk waiving, upon receipt of final payment by CM@Risk,
all claims, except those claims previously made in writing to City and remaining unsettled at the
time of final payment;
7.5.2.3. Conditional waivers and releases executed by all Subcontractors; and
7.5.2.4. Consent of CM@Risk’s surety, if any, to final payment (original with raised seal).
7.5.2.5. A completed subcontractor form identifying the subcontractor/supplier(s) and the description of Work
and/or materials provided, if any.
7.6. Payments to Subcontractors or Suppliers
7.6.1. CM@Risk shall pay its Subcontractors or suppliers within ten (10) Days of receipt of each
progress payment from the City. The CM@Risk shall pay for the amount of Work performed or
materials supplied by each Subcontractor or supplier as accepted and approved by the City with
each progress payment. In addition, any reduction of retention by the City to the CM@Risk shall
result in a corresponding reduction to Subcontractors or suppliers who have performed
satisfactory work. CM@Risk shall pay Subcontractors or suppliers the reduced retention within
ten (10) Days of the payment of the reduction of the retention to the CM@Risk. No contract
between CM@Risk and its Subcontractors and suppliers may materially alter the rights of any
Subcontractor or supplier to receive prompt payment and retention reduction as provided herein.
7.6.2. If the CM@Risk fails to make payments in accordance with these provisions, the City may take
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any one or more of the following actions and CM@Risk agrees that the City may take such
actions:
7.6.2.1. To hold the CM@Risk in default under this Agreement;
7.6.2.2. Withhold future payments including retention until proper payment has been made to
Subcontractors or suppliers in accordance with these provisions;
7.6.2.3. Reject all future offers to perform work for the City from the CM@Risk for a period not to exceed
one year from Substantial Completion date of this Project; or
7.6.2.4. Terminate this Agreement.
7.6.3. All funds paid to the CM@Risk are paid in trust and shall be used for payment of the
Subcontractors and Suppliers who have performed work on the Project before the CM@Risk
may use any of the funds for any other purpose. Nothing in this provision shall prohibit the
CM@Risk from withholding any funds in dispute or back charges or offsets under the provisions
of the Subcontract. The CM@Risk shall include a trust fund provision in each subcontract
requiring the subcontractor to hold any payment its receives in trust and to use them for payment
of its subcontractors and suppliers who have performed work on the Project before
Subcontractor may use the funds for any other purpose.
7.6.4. Should the City fail or delay in exercising or enforcing any right, power, privilege, or remedy
under this Section, such failure or delay shall not be deemed a waiver, release, or modification
of the requirements of this Section or of any of the terms or provisions thereof.
7.6.5. CM@Risk shall include these prompt payment provisions in every subcontract, including
procurement of materials and leases of equipment for this Agreement.
7.7. Record Keeping, Audits and Finance Controls
7.7.1. Notwithstanding anything in this Agreement or any other Contract Document to the contrary,
because the Guaranteed Maximum Price is a lump sum amount set forth in the GMP Exhibit,
City and CM@Risk agree and acknowledge that City shall have no audit rights as to CM@Risk’s
records and data relating to the Cost of the Work or Guaranteed Maximum Price except for the
use of any allowances, including Owner’s Contingency, if any, and Change Orders outside of
the lump sum amount set forth in the GMP Exhibit. The unit cost rates for personnel, Builders
Risk insurance, General Liability insurance, and Payment & Performance bonds will be at the
rates as indicated in the GMP Exhibit.
7.7.2. The City, its authorized representative, and/or the appropriate federal agency (if any), reserve
the right to audit the CM@Risk’s records to verify the accuracy and appropriateness of all pricing
data, including data used to negotiate any Change Orders provided such audit occurs prior to
the execution of the respective Change Order. The City shall review and respond to proposed
Change Orders within a reasonable time, upon receipt of all necessary backup information to
properly verify costs, so as not to delay approval. Once a Change Order has been approved
and executed, it shall be deemed as part of the lump sum agreement and shall no longer be
subject to audit.
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Article 8- Claims and Disputes
8.0. Requests for Contract Adjustments and Relief.
8.0.1. If either CM@Risk or City believes that it is entitled to relief against the other for any event
arising out of or related to the Contract, such party shall provide written notice to the other party
of the basis for its claim for relief.
8.0.2. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance
with any specific notice requirements contained in applicable sections of the Agreement.
8.0.3. In the absence of any specific notice requirement, written notice shall be given within a
reasonable time, not to exceed twenty-one (21) Days, after the occurrence giving rise to the
claim for relief or after the claiming party reasonably should have recognized the event or
condition giving rise to the request, whichever is later.
8.0.4. Such notice shall include sufficient information to advise the other party of the circumstances
giving rise to the claim for relief, the specific contractual adjustment or relief requested and the
basis of such request.
8.1. Dispute Avoidance and Resolution
8.1.1. The parties are fully committed to working with each other throughout the Project and agree to
always communicate regularly with each other so as to avoid or minimize disputes or
disagreements. If disputes or disagreements do arise, CM@Risk and City each commit to
resolving such disputes or disagreements in an amicable, professional, and expeditious manner
so as to avoid unnecessary losses, delays, and disruptions to the Work.
8.1.2. CM@Risk and City will first attempt to resolve disputes or disagreements at the field level
through discussions between CM@Risk’s Representative and City’s Representative.
8.1.3. If a dispute or disagreement cannot be resolved through CM@Risk’s Representative and City’s
Representative, CM@Risk’s Senior Representative and City’s Senior Representative, upon the
request of either party, shall meet as soon as conveniently possible, but in no case later than
thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement.
Prior to any meetings between the Senior Representatives, the parties will exchange relevant
information that will assist the parties in resolving their dispute or disagreement. Should this
effort be unsuccessful then the parties may proceed to take appropriate action to enforce any
rights or obligations pursuant to the provisions of the Contract.
8.2. Duty to Continue Performance Unless provided to the contrary in the Contract Documents or
as provided by statute, CM@Risk shall continue to perform the Work and City shall continue to
satisfy its payment obligations to CM@Risk, pending the final resolution of any dispute or
disagreement between CM@Risk and City.
8.3. Representatives of the Parties
8.3.1. City’s Representatives
8.3.1.1. City designates the Director of Capital Projects or their designee as its Senior Representative
(“City’s Senior Representative”), which individual has the authority and responsibility for
avoiding and resolving disputes under Subsection 8.1.3.
8.3.1.2. City designates the City’s project manager as its City’s Representative, which individual has
the authority and responsibility set forth in Subsection 8.1.2.
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8.3.2. CM@Risk’s Representatives
8.3.2.1. CM@Risk designates the individual listed below as its Senior Representative (“CM@Risk’s
Senior Representative”), which individual has the authority and responsibility for avoiding and
resolving disputes under Subsection 8.1.3:
Nate Kowallis, Project Director
6320 Research Road
Frisco, TX 75033
(469) 748-2626
8.3.2.2. CM@Risk designates the individual listed below as its CM@Risk’s Representative, which
individual has the authority and responsibility set forth in Subsection 8.1.2:
Brent Peterson, Project Manager
6320 Research Road
Frisco, TX 75033
(469) 748-2626
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Article 9 – Suspension and Termination
9.0. City’s Right to Stop Work
9.0.1. City may, at its discretion and without cause, order CM@Risk in writing to stop and suspend the
Work. Such suspension shall not exceed one hundred and eighty (180) consecutive Days.
9.0.2. CM@Risk may seek an adjustment of the Contract Price and/or Contract Time if its cost or time
to perform the Work has been adversely impacted by any suspension or stoppage of Work by
City.
9.1. Termination for Convenience
9.1.1. Upon receipt of written notice to CM@Risk, City may, at its discretion and without cause, elect
to terminate this Agreement. In such event, City shall pay CM@Risk only the direct value of its
completed Work and materials supplied as of the date of termination and the reasonable costs
and expenses attributable to such termination. CM@Risk shall be entitled to profit and overhead
on completed Work only but shall not be entitled to anticipated profit or anticipated overhead.
9.1.2. If the City suspends the Work for 181 consecutive Days or more, such suspension shall be
deemed a termination for convenience.
9.1.3 Upon such termination, the CM@Risk shall proceed with the following obligations:
9.1.3.1 Stop Work as specified in the notice.
9.1.3.2 Place no further subcontracts or orders.
9.1.3.3 Terminate all subcontracts to the extent they relate to the Work terminated and finalize all settlement
proposals.
9.1.3.4 Take any action that may be necessary for the protection and preservation of the property
related to the Contract that is in the possession of the CM@Risk and which the City has or may
acquire an interest.
9.1.4 The CM@Risk shall submit complete termination inventory schedules no later than 120 Days
from the date of the notice of termination.
9.1.5 The City shall pay CM@Risk the following.
9.1.5.1 The direct, verifiable value of its completed Work and materials supplied as of the date of termination.
9.1.5.2 The reasonable, verifiable costs and expenses attributable to such termination.
9.1.5.3 CM@Risk shall be entitled to profit and overhead on completed Work only but shall not be
entitled to anticipated profit or anticipated overhead. Neither shall the CM@Risk be entitled to
any costs for lost opportunity, or any other similar, consequential damages. If it appears the
CM@Risk would have sustained a loss on the entire Work had it been completed, the CM@Risk
shall not be allowed profit and the City shall reduce the settlement to reflect the indicated rate
of loss.
9.1.6 The CM@Risk shall maintain all records and documents for five years after final settlement.
These shall be maintained and subject to auditing as prescribed in Section 7.7.
9.2. City’s Right to Perform and Terminate for Cause
9.2.1. If the City provides the CM@Risk with a written order to provide adequate maintenance of traffic,
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adequate cleanup, adequate dust control or to correct deficiencies or damage resulting from
abnormal weather conditions, and the CM@Risk fails to comply in a time frame specified, the
City may have a portion of the Work included in the written order accomplished by other sources.
9.2.2. If CM@Risk persistently fails to: (i) provide a sufficient number of skilled workers; (ii) supply the
materials required by the Contract Documents; (iii) comply with applicable Legal Requirements;
(iv) timely pay, without cause, Subconsultants and/or Subcontractors; (v) prosecute the Work
with promptness and diligence to ensure that the Work is completed within the Contract Times,
as such times may be adjusted; or (vi) perform material obligations under the Contract
Documents, then City, in addition to any other rights and remedies provided in the Contract
Documents or by law, shall have the rights set forth in Subsections 9.2.3 and 9.2.4 below.
9.2.3. Upon the occurrence of an event set forth in Subsection 9.2.2 above, City may provide written
notice to CM@Risk, with a copy to the surety, if any, that it intends to terminate the Agreement
unless the problem cited is cured, or commenced to be cured, within seven (7) Days of
CM@Risk’s receipt of such notice.
9.2.3.1. If CM@Risk fails to cure, or reasonably commence to cure, such problem, then City may give a
second written notice to CM@Risk, with a copy to the surety, if any, of its intent to terminate
within an additional seven (7) Day period.
9.2.3.2. If CM@Risk, within such second seven (7) Day period, fails to cure, or reasonably commence
to cure, such problem, then City may declare the Agreement terminated for default by providing
written notice to CM@Risk of such declaration, with a copy to the surety, if any.
9.2.4. Upon declaring the Agreement terminated pursuant to Subsection 9.2.3.2 above, City may enter
upon the premises and take possession, for the purpose of completing the Work, of all materials
which have been purchased for the performance of the Work, all of which CM@Risk hereby
transfers, assigns and sets over to City for such purpose, and to employ any person or persons
to complete the Work and provide all of the required labor, services, materials, equipment and
other items.
9.2.5. In the event of such termination, CM@Risk shall not be entitled to receive any further payments
under the Contract Documents until the Work shall be finally completed in accordance with the
Contract Documents. At such time, the CM@Risk will only be entitled to be paid for Work
performed and accepted by the City prior to its default.
9.2.6. If City’s cost and expense of completing the Work exceeds the unpaid balance of the Contract
Price, then CM@Risk shall be obligated to pay the difference to City. Such costs and expense
shall include not only the cost of completing the Work, but also losses, damages, costs and
expense, including attorneys’ fees and expenses, incurred by City in connection with the
reprocurement and defense of claims arising from CM@Risk’s default.
9.2.7. If City improperly terminates the Agreement for cause, the termination for cause shall be
converted to a termination for convenience in accordance with the provisions of Section 9.1.
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Article 10 - Insurance and Bonds
10.0. Insurance Requirements
10.0.1 CM@Risk and Subcontractors shall procure and maintain until all of their obligations under this
agreement have been discharged, including until any warranty periods under this Agreement
are satisfied, insurance against claims for injury to persons or damage to property that may arise
from or in connection with the performance of the Work hereunder by the CM@Risk, their
agents, representatives, employees, or Subcontractors.
10.0.2 The insurance requirements herein are minimum requirements for this Agreement and in no way
limit the indemnity covenants contained in this Agreement.
10.0.3 The City in no way warrants that the minimum limits contained herein are sufficient to protect
the CM@Risk from liabilities that might arise out of the performance of the Work under this
Agreement by the CM@Risk, their agents, representatives, employees, or subcontractors.
CM@Risk is free to purchase such additional insurance as may be determined necessary.
10.1 Minimum Scope and Limits of Insurance. CM@Risk shall provide coverage with limits of
liability not less than those stated below:
10.1.1 Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, broad form contractual liability and XCU
coverage.
• General Aggregate/for this Project $2,000,000/$1,000,000
• Products – Completed Operations Aggregate $1,000,000
• Personal and Advertising Injury $1,000,000
• Each Occurrence $1,000,000
The policy shall include endorsement CG2503 Amendment of limits (designated project or premises)
in order to extend the policy’s limits specifically to the project in question.
The policy shall be endorsed to include the following additional insured language: “The City of
Denton, its Officials, and Employees shall be named as an additional insured with respect
to liability arising out of the activities performed by, or on behalf of the CM@Risk. This
policy shall provide a blanket waiver of subrogation in favor of the City of Denton. A copy
of the endorsement or other policy provisions naming the City as an additional insured
to the insurance policy and providing a blanket waiver of subrogation in favor of the City
of Denton, its Officials, and Employees shall be attached to the certificate of insurance.”
10.1.2 Automobile Liability - Bodily injury and property damage for any owned, hired, and non-owned
vehicles used in the performance of this Agreement.
Combined Single Limit (CSL) $1,000,000
The policy shall be endorsed to include the following additional insured language: “The City of
Denton, its Officials, Employees, and Volunteers shall be named as an additional insured
with respect to liability arising out of the activities performed by, or on behalf of the
CM@Risk, including automobiles owned, leased, hired or borrowed by the CM@Risk This
policy shall provide a blanket waiver of subrogation in favor of the City of Denton. A copy
of the endorsement or other policy provisions naming the City as an additional insured
to the insurance policy and providing a blanket waiver of subrogation in favor of the City
of Denton, its Officials, and Employees shall be attached to the certificate of insurance.”
10.1.3 Workers’ Compensation and Employers’ Liability
Workers’ Compensation Statutory
Employers’ Liability
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Each Accident $100,000
Disease - Each Employee $100,000
Disease – Policy Limit $500,000
This policy shall provide a blanket waiver of subrogation in favor of the City of Denton. A copy
of the endorsement or other policy provisions providing a blanket waiver of subrogation in favor
of the City of Denton, its Officials, and Employees shall be attached to the certificate of
insurance.”
10.1.4 Builders’ Risk Insurance or Installation Floater
In an amount equal to the initial Contract Price plus additional coverage equal to Contract Price
for all subsequent Amendments and/or Change Orders.
10.1.4.1 The City of Denton, its Officials, and Employees, the CM@Risk, and Subcontractors, shall be named
as Additional Insureds on the policy.
10.1.4.2 Coverage shall be written on an all risk, replacement cost basis and shall include coverage
for flood and earth movement.
10.1.4.3 Policy shall be maintained until Substantial Completion.
10.1.4.4 Policy shall be endorsed such that the insurance shall not be canceled or lapse because of any
partial use or occupancy by the City.
10.1.4.5 Policy must provide coverage from the time any covered property becomes the responsibility of
the CM@Risk, and continue without interruption during construction, renovation, or installation,
including any time during which the covered property is being transported to the construction
installation site, or awaiting installation, whether on or off site.
10.1.4.6 Loss, if any, shall be adjusted with CM@Risk and made payable to the City of Denton as Trustee for
the insureds as their interests may appear.
10.1.4.7 This policy shall provide a blanket waiver of subrogation in favor of the City of Denton.
A copy of the endorsement or other policy provisions naming the City as an additional
insured to the insurance policy and providing a blanket waiver of subrogation in favor of
the City of Denton, its Officials, and Employees shall be attached to the certificate of
insurance.”
10.1.4.8 CM@Risk is responsible for the payment of deductibles, for claims caused by the negligent acts or
omissions of the CM@Risk, its Subcontractors or anyone directly or indirectly employed by them or
anyone for whose acts they may be liable.
10.2 Additional Insurance Requirements. The policies shall include, or be endorsed to include the
following provisions:
10.2.1 On insurance policies where the City of Denton is named as an additional insured, the City of
Denton shall be an additional insured to the full limits of liability purchased by the CM@Risk
even if those limits of liability are in excess of those required by this Agreement.
10.2.2 The CM@Risk’s insurance coverage shall be primary insurance and non-contributory with
respect to all other available sources.
10.2.3 Coverage provided by the CM@Risk shall not be limited to the liability assumed under the
indemnification provisions of this Agreement.
10.2.4 PROFESSIONAL LIABILITY INSURANCE
If CONTRACTOR, SUBCONTRACTOR, or SUBCONSULTANT is a licensed or certified person
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who renders professional services, then Professional Liability Insurance to provide coverage
against any claim which the CONTRACTOR, SUBCONTRACTOR, or SUBCONSULTANT
becomes legally obligated to pay as damages arising out of the performance of professional
services caused by any negligent error, omission or act with minimum limits of $1,000,000.00
per claim, $2,000,000.00 annual aggregate.
10.3 Notice of Cancellation. Each insurance policy required by the insurance provisions of this
Agreement shall provide the required coverage and shall not be suspended, voided, canceled,
reduced in coverage, materially changed, or endorsed to lower limits except after thirty (30)
Days prior written notice has been given to the City. Such notice shall be sent directly to the City
Senior Representative and shall be sent by certified mail, return receipt requested.
10.4 Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or approved
unlicensed companies in the state of Texas and with an “A.M. Best” rating of at least A or better.
The City in no way warrants that the above-required minimum insurer rating is sufficient to
protect the CM@Risk from potential insurer insolvency.
10.5 Verification of Coverage
10.5.1 CM@Risk shall furnish the City with certificates of insurance (ACORD form or equivalent
approved by the City) as required by this Agreement. The certificates for each insurance policy
are to be signed by a person authorized by that insurer to bind coverage on its behalf.
10.5.2 All certificates and endorsements are to be received and approved by the City before Work
commences. Each insurance policy required by this Agreement must be in effect at or prior to
commencement of Work under this Agreement and remain in effect for the duration of the
Project and for one (1) year following Final Acceptance. Failure to maintain the insurance
policies as required by this Agreement or to provide evidence of renewal is a material breach of
the contract.
10.5.3 All certificates required by this Agreement shall be sent directly to City’s Senior Representative.
The City project/contract number and project description shall be noted on the certificate of
insurance. The City reserves the right to require complete, certified copies of all insurance
policies required by this Agreement at any time. DO NOT SEND CERTIFICATES OF
INSURANCE TO THE CITY’S RISK MANAGEMENT DIVISION.
10.5.4 If the Certificate of Insurance reflecting policy coverage and cancellation notice does not
conform to the City’s requirements, the CM@Risk must:
• Submit a current insurance certificate (dated within 15 Days of the Payment Request
submittal) with each Payment Request form. The Payment Request will be rejected if
the insurance certificate is not submitted with the Payment Request.
10.6 Subcontractors. CM@Risk’s certificate(s) shall include all Subcontractors as additional
insureds under its policies or CM@Risk shall furnish to the City separate certificates and
endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to the
minimum requirements identified above.
10.7 Approval. Any modification or variation from the insurance requirements in this Contract shall
be made by the Law Department, whose decision shall be final. Such action will not require a
formal Contract amendment but may be made by administrative action.
10.8 Bonds and Other Performance Security.
10.8.1 Prior to execution of this Agreement, the CM@Risk must provide a performance bond,
maintenance bond, at the City’s discretion, and a payment bond, each in an amount equal to
the total contract price of the GMP set forth in this Agreement. In addition to any criteria set forth
in this provision, the performance and payment bonds must comply with all requirements of
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Chapter 2253 of the Texas Government Code.
10.8.2 Each such bond shall be executed by a surety company or companies holding a Certificate of
Authority to transact surety business in the state of Texas, issued by the Director of the Texas
Department of Insurance. A copy of the Certificate of Authority shall accompany the bonds. The
Certificate shall have been issued, updated, or certified within two years prior to the execution
of this Agreement.
10.8.3 The bonds shall be made payable and acceptable to the City of Denton.
10.8.4 The bonds shall be written or countersigned by an authorized representative of the surety who
is either a resident of the state of Texas or whose principal office is maintained in this state, as
by law required, and the bonds shall have attached thereto a certified copy of Power of Attorney
of the signing official.
10.8.5 Upon the request of any person or entity appearing to be a potential beneficiary of bonds
covering payment of obligations arising under the Contract Documents, the CM@Risk shall
promptly furnish a copy of the bonds or shall permit a copy to be made.
10.8.6 All bonds submitted for this project shall be provided by a company which has been rated AM
Best rating of “A- or better for the prior four quarters” by the A.M. Best Company.
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Article 11 – Indemnification
11.1 CM@Risk’s General Indemnification.
11.1.1 CM@RISK AGREES TO INDEMNIFY AND HOLD HARMLESS THE CITY OF DENTON, ITS
OFFICERS, AGENTS AND EMPLOYEES, AND ANY JURISDICTION OR AGENCY ISSUING
PERMITS FOR ANY WORK INCLUDED IN THE PROJECT, THEIR OFFICIALS, OFFICERS,
AGENTS AND EMPLOYEES, (HEREINAFTER REFERRED TO AS “INDEMNITEES”, FROM
ALL SUITS AND CLAIMS, INCLUDING ATTORNEY’S FEES AND COST OF LITIGATION,
ACTIONS, LOSS, DAMAGE, EXPENSE, COST OR CLAIMS OF ANY CHARACTER OR ANY
NATURE ARISING OUT OF THE WORK DONE IN FULFILLMENT OF THE TERMS OF THE
CONTRACT DOCUMENTS OR ON ACCOUNT OF ANY ACT, CLAIM OR AMOUNT ARISING
OR RECOVERED UNDER WORKER’S COMPENSATION LAW OR ARISING OUT OF THE
FAILURE OF THE CM@RISK, ITS OFFICERS, EMPLOYEES, AGENTS, OR ITS
SUBCONTRACTORS OR THE SUBCONTRACTORS’ OFFICERS, EMPLOYEES OR
AGENTS, TO CONFORM TO ANY STATUTES, ORDINANCES, REGULATION, LAW OR
COURT DECREE. IT IS AGREED THAT THE CM@RISK WILL BE RESPONSIBLE FOR
PRIMARY LOSS INVESTIGATION, DEFENSE, AND JUDGMENT COSTS WHERE THIS
INDEMNIFICATION PROVISION APPLIES. IN CONSIDERATION OF THE AWARD OF THIS
CONTRACT, THE CM@RISK AGREES TO WAIVE ALL RIGHTS OF SUBROGATION
AGAINST THE CITY, ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES FOR
LOSSES ARISING FROM THE WORK PERFORMED BY THE CM@RISK, ITS OFFICERS,
EMPLOYEES, AGENTS, OR ITS SUBCONTRACTORS OR THE SUBCONTRACTORS’
OFFICERS, EMPLOYEES OR AGENTS, OR ITS SUBCONTRACTORS FOR THE CITY. THIS
INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE
EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE
DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT,
OMISSION OR NEGLIGENCE OF THE CITY. THIS INDEMNIFICATION PROVISION IS
SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED
OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED,
IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY.
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Article 12 – General Provisions
12.1 Contract Documents
12.1.1 Contract Documents are as defined in Article 1. This Agreement, Plans, Standard Specifications
and Details, Special Provisions, Addenda (if any) and used as the basis for the Guaranteed
Maximum Price Proposal; GMP, Performance Bond, Payment Bond, Maintenance Bond, if
applicable, Certificates of Insurance, Construction Documents and Change Orders (if any) are
by this reference made a part of this Agreement to the same extent as if set forth herein in full.
12.1.2 The Contract Documents are intended to permit the parties to complete the Work and all
obligations required by the Contract Documents within the Contract Times for the Contract Price.
The Contract Documents are intended to be complementary and interpreted in harmony so as
to avoid conflict, with words and phrases interpreted in a manner consistent with construction
and design industry standards. Anything shown on the Plans but not mentioned in the
Specifications or vice-versa, or anything not expressly set forth in either, but which is reasonably
implied, shall be furnished as though specifically shown and mentioned in both without any extra
charge.
12.1.3 In the event of any inconsistency, conflict, or ambiguity between or among the Contract
Documents, the Contract Documents shall take precedence in the order in which they are listed
in the definition of Contract Documents in Article 1.
12.1.3.1 On the drawings, given dimensions shall take precedence over scaled measurements, and
large-scale drawings over small-scale drawings. No work shown on the plans, the dimensions
of which are not figured, shall be executed until instructions have been obtained from the Design
Professional as to the dimensions to be used.
12.1.3.2 Specifications generally take precedence over Plans. Should there be a conflict within the
Specifications; or within the Plans; or between the Plans and Specifications; however, the
Design Professional be made aware of such conflict in writing, and shall decide, after
consultation with the City, which stipulation will provide the best installation and its decision shall
be final; provided however, any conflict not presented in writing shall be the sole discretion of
the City
12.1.3.3 The Plans, for purposes of clearness and legibility, are essentially diagrammatic, and although
the sizes and locations of equipment are shown to scale wherever possible, the CM@Risk,
Subcontractors, and Sub-subcontractors are required to familiarize themselves with all the Work
required by the Contract Documents. The CM@Risk, other Contractors, Subcontractors, and
Sub-subcontractors shall properly coordinate its work with that of the City and all other
Contractors. It is not within the scope of the Plans to show all necessary offsets, obstructions or
structural conditions. It shall be the responsibility of the CM@Risk and each Contractor to plan,
coordinate, and install its work in such a manner so as to conform to the structure. Any conflict
within the Plans shall be referred to the Design Professional for disposition prior to the
installation of any affected work.
12.1.3.4 In the event of any inconsistency, conflict, or ambiguity between the Contract Documents and
the Preconstruction Phase Contract, the Contract Documents take precedence over the
Preconstruction Phase Contract.
12.1.4 The headings used in this Agreement, or any other Contract Documents, are for ease of
reference only and shall not in any way be construed to limit or alter the meaning of any
provision.
12.1.5 The Contract Documents form the entire agreement between City and CM@Risk and by
incorporation herein are as fully binding on the parties as if repeated herein. No oral
representations or other agreements have been made by the parties except as specifically
stated in the Contract Documents.
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12.2 Amendments. The Contract Documents may not be changed, altered, or amended in any way
except in writing signed by a duly authorized representative of each party.
12.3 Time is of the Essence. City and CM@Risk mutually agree that time is of the essence with
respect to the dates and times set forth in the Contract Documents.
12.4 Mutual Obligations. City and CM@Risk commit at all times to cooperate fully with each other
and proceed on the basis of trust and good faith, to permit each party to realize the benefits
afforded under the Contract Documents.
12.5 Cooperation and Further Documentation. The CM@Risk agrees to provide the City such
other duly executed documents as shall be reasonably requested by the City to implement the
intent of the Contract Documents.
12.6 Assignment. Neither CM@Risk nor City shall, without the written consent of the other assign,
transfer or sublet any portion of this Agreement or part of the Work or the obligations required
by the Contract Documents.
12.7 Successorship. CM@Risk and City intend that the provisions of the Contract Documents are
binding upon the parties, their employees, agents, heirs, successors and assigns.
12.8 Third Party Beneficiary. Nothing under the Contract Documents shall be construed to give any
rights or benefits in the Contract Documents to anyone other than the City and the CM@Risk,
and all duties and responsibilities undertaken pursuant to the Contract Documents will be for the
sole and exclusive benefit of City and the CM@Risk and not for the benefit of any other party.
12.9 Governing Law. The Agreement and all Contract Documents shall be deemed to be made
under and shall be construed in accordance with and governed by the laws of the State of Texas
without regard to the conflicts or choice of law provisions thereof. Any action to enforce any
provision of this Contract or to obtain any remedy with respect hereto shall be brought and tried
in the district courts of Denton County, Texas, and for this purpose, each party hereby expressly
and irrevocably consents to the sole and exclusive jurisdiction and venue of such Court with the
City consenting only to the extent allowed by statute and otherwise reserving all rights and
defenses.
12.10 Severability. If any provision of the Contract Documents or the application thereof to any person
or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of the
Contract Documents and the application thereof shall not be affected and shall be enforceable
to the fullest extent permitted by law.
12.11 Compliance with Federal Laws. CM@Risk understands and acknowledges the applicability of
the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug
Free Workplace Act of 1989 to it. The CM@Risk agrees to comply with these laws, as well as
any other federal laws that may apply, in performing the Contract Documents and to permit the
City to verify such compliance.
12.12 Legal Requirements. CM@Risk shall perform all Work in accordance with all Legal
Requirements and shall provide all notices applicable to the Work as required by the Legal
Requirements. It is not the CM@Risk’s responsibility to ascertain that the Construction
Documents are in accordance with applicable laws, statutes, ordinances, building codes, rules
and regulations. However, if the CM@Risk recognizes that portions of the Construction
Documents are at variance therewith, the CM@Risk shall promptly notify the Design
Professional and City in writing, describing the apparent variance or deficiency.
12.13 Fair Treatment of Workers. The CM@Risk shall keep fully informed of all Federal and State
laws, County and City ordinances, regulations, codes and all orders and decrees of bodies or
tribunals having any jurisdiction or authority, which in any way affect the conduct of the work.
They shall at all times observe and comply with all such laws, ordinances, regulations, codes,
orders, and decrees; this includes, but is not limited to laws and regulations ensuring fair and
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equal treatment for all employees and against unfair employment practices, including OSHA
and the Fair Labor Standards Act (FLSA). The CM@Risk shall protect and indemnify the City
and its representatives against any claim or liability arising from or based on the violation of
such, whether by himself or his employees.
12.14 Independent Contractor. The CM@Risk is and shall be an independent contractor. Any
provisions in the Contract Documents that may appear to give the City the right to direct the
CM@Risk as to the details of accomplishing the Work or to exercise a measure of control over
the Work means that the CM@Risk shall follow the wishes of the City as to the results of the
Work only. These results shall comply with all applicable laws and ordinances.
12.15 Survival. All warranties, representations, and indemnifications by the CM@Risk shall survive
the completion or termination of this Agreement.
12.16 Covenant Against Contingent Fees. The CM@Risk warrants that no person has been
employed or retained to solicit or secure this Agreement upon an agreement or understanding
for a commission, percentage, brokerage, or contingent fee, and that no member of the City
Council, or any employee of the City of Denton has any interest, financially, or otherwise, in the
firm. For breach or violation of this warrant, the City of Denton shall have the right to annul this
Agreement without liability, or at its discretion to deduct from the Contract Price or consideration,
the full amount of such commission, percentage, brokerage, or contingent fee.
12.17 No Waiver. The failure of either party to enforce any of the provisions of the Contract Documents
or to require performance of the other party of any of the provisions hereof shall not be construed
to be a waiver of such provisions, nor shall it affect the validity of the Contract Documents or
any part thereof, or the right of either party to thereafter enforce each and every provision.
12.18 Notice.
12.18.1 Unless otherwise provided, any notice, request, instruction, or other document to be given under
this Agreement by any party to any other party shall be in writing and shall be delivered in person
or by courier or mailed by certified mail, postage prepaid, return receipt requested or by e-mail;
provided however, that e-mail shall not be a permissible method of delivery for any notice,
request, instruction or other document that requires execution by both parties, and shall be
deemed given upon (a) confirmation of receipt of an e-mail transmission,(b) confirmed delivery
by hand or standard overnight mail, or (c) upon the expiration of three (3) business days after
the day mailed by certified mail, as follows:
to CM@Risk:
CORE Construction Services of Texas, Inc.
Gary Aanenson, Executive Vice President
6320 Research Road
Frisco, TX 75033
GaryAanenson@COREConstruction.com
to City:
Materials Management
ATTN: Contract 8559; Purchasing Manager
901B Texas Street
Denton, Texas 76209
purchasing@cityofdenton.com
With a Copies to:
City Attorney
215 E. McKinney Street
Denton, Texas 76201
legal@cityofdenton.com
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Capital Projects
Giovanni Pineiro-Villalba
401 N Elm St.
Denton, Texas 76201
giovanni.pineiro-villalba@cityofdenton.com
or to such other place and with such other copies as either Party may designate as to itself by
written notice to the other Party. Rejection, any refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to be receipt of the
notice as of the date of such rejection, refusal, or inability to deliver.
12.18.2 Notices Related to Payment, Securities-in-lieu, Bonds. Any notice, request, instruction, or
other document to be given under this Agreement by any party to any other party related to
payment, securities-in-lieu, bonds, or other instrument securing the performance of this
Agreement, including
but not limited to, bid bonds, performance bonds, payment bonds or letters of credit, shall be in
writing and shall be delivered in person or by courier or facsimile transmission or mailed by
certified mail, postage prepaid, return receipt requested and shall be deemed given upon (a)
confirmation of receipt of a facsimile transmission, (b) confirmed delivery by hand or standard
overnight mail or (c) upon the expiration of three (3) business days after the day mailed by
certified mail, as follows:
to Contractor:
CORE Construction Services of Texas, Inc.
Gary Aanenson, Executive Vice President
6320 Research Road
Frisco, TX 75033
GaryAanenson@COREConstruction.com
to City:
City of Denton
ATTN: Contract 8559; Purchasing Manager
901B Texas Street
Denton, Texas 76209
purchasing@cityofdenton.com
With a Copies to:
City Attorney
215 E. McKinney Street
Denton, Texas 76201
legal@cityofdenton.com
Capital Projects
Giovanni Pineiro-Villalba
401 N Elm St.
Denton, Texas 76201
giovanni.pineiro-villalba@cityofdenton.com
or to such other place and with such other copies as either Party may designate as to itself by
written notice to the other Party. Rejection, any refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to be receipt of the
notice as of the date of such rejection, refusal, or inability to deliver.
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12.19 Equal Opportunity/Affirmative Action
12.19.1 The CM@Risk shall comply with the provisions of this Agreement, and the requirements of state,
federal, and local law and regulation, pertaining to discrimination and accepting applications or
hiring employees. The CM@Risk shall not discriminate against any worker, employee or
applicant, or any member of the public, because of race, color, religion, gender, national origin,
age, or disability nor otherwise commit an unfair employment practice. The CM@Risk will take
affirmative action to ensure that applicants are employed, and employees are dealt with during
employment, without regard to their race, color, religion, gender or national origin, age, or
disability. Such action shall include but not be limited to the following: employment, promotion,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
or other forms of compensation; and selection for training, including apprenticeship as well as
all other labor organizations furnishing skilled, unskilled, and union labor, or who may perform
any such labor or
services in connection with this Agreement. The CM@Risk further agrees that this clause will
be incorporated in all subcontracts, job-consultant contracts of this Contract entered into by the
CM@Risk.
12.19.2 The City extends to each individual, firm, vendor, supplier, contractor, and Subcontractor an
equal economic opportunity to compete for City business and strongly encourages voluntary
utilization of Disadvantaged and/or Minority-owned or Woman-owned business to reflect both
the industry and community ethnic composition.
12.19.3 The following two paragraphs apply to the CM@Risk named herein and shall appear in all
contracts between the CM@Risk and any and all Subcontractors who are employed on this
Project. The CM@Risk further agrees that the two paragraphs will be incorporated in all
subcontracts with all labor organizations furnishing skilled, unskilled, and union labor, or who
may perform any such labor or services in connection with this contract.
“Any Party (Subcontractor), in performing under this contract, shall not discriminate against any
worker, employee or applicant, or any member of the public, because of race, color, religion,
gender, national origin, age or disability nor otherwise commit an unfair employment practice.
The Party (Subcontractor) will take affirmative action to ensure that applicants are employed,
and employees are dealt with during employment without regard to their race, color, religion,
gender or national origin, age or disability. Such action shall include, but not be limited to the
following: employment, promotion, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rate of pay or other forms of compensation; and selection for training;
including apprenticeship.”
The CM@Risk further agrees that the above two paragraphs will be incorporated in all
subcontracts with all labor organizations furnishing skilled, unskilled, and union labor, or who
may perform any such labor or services in connection with this contract.
12.20 Confidentiality of Plans & Specifications
12.20.1 Any plans or specifications you receive regarding this Project are for official use only. You may
not share them with others except as required to fulfill the obligations of your Contract with the
City.
12.20.2 All Record Documents, Shop Drawings and other plans or drawings prepared or submitted by
the CM@Risk shall include the following language: “These plans are for official use only and
may not be shared with others except as required to fulfill the obligations of your contract with
the City of Denton”.
12.21 Hazardous Materials
12.21.1 The CM@Risk is responsible for compliance with any requirements included in the Contract
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Documents regarding Hazardous Materials or Substances.
12.21.2 If the CM@Risk encounters a Hazardous Material or Substance not addressed in the Contract
Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury
or death to persons resulting from a material or substance, including but not limited to asbestos
or polychlorinated biphenyl (PCB), encountered on the site by the CM@Risk, the CM@Risk
shall, upon recognizing the condition, immediately stop Work in the affected area and notify the
City of the condition in writing.
12.21.3 If the suspected Hazardous Material is found to contain asbestos, PCB or other recognized
hazardous substances or materials the CM@Risk shall not resume work in the affected area
until the material has been abated or rendered harmless. The CM@Risk and the City may agree,
in writing, to continue work in non-affected areas onsite.
12.21.4 An extension of Contract Time may be granted in accordance with Article 6.
12.21.5 The CM@Risk will comply with all applicable laws/ordinances and regulations and take all
appropriate health and safety precautions upon discovery.
12.21.6 The CM@Risk shall certify, in a form acceptable to City that no Hazardous Materials have been
incorporated into the Work.
12.21.7 TO THE FULLEST EXTENT PERMITTED BY LAWS AND REGULATIONS, CM@RISK
SHALL INDEMNIFY AND HOLD HARMLESS CITY, FROM AND AGAINST ALL CLAIMS,
COSTS, LOSSES, AND DAMAGES (INCLUDING BUT NOT LIMITED TO ALL FEES AND
CHARGES OF ENGINEERS, ARCHITECTS, ATTORNEYS, AND OTHER PROFESSIONALS
AND ALL COURT OR OTHER DISPUTE RESOLUTION COSTS) ARISING OUT OF OR
RELATING TO A HAZARDOUS ENVIRONMENTAL CONDITION CREATED BY THE
CM@RISK OR BY ANYONE FROM WHOM CM@RISK IS RESPONSIBLE. NOTHING IN THIS
PARAGRAPH SHALL OBLIGATE CM@RISK TO INDEMNIFY ANY INDIVIDUAL OR ENTITY
FROM AND AGAINST THE CONSEQUENCES OF THAT INDIVIDUAL’S OR ENTITY’S OWN
NEGLIGENCE.
12.22 Traffic Control. CM@Risk will comply with all provisions of the then current Manual on Uniform
Traffic Control Devices and any other traffic control provisions as may be provided in the
technical specifications.
12.23 Immigration Nationality Act. CM@Risk shall verify the identity and employment eligibility of
its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, CM@Risk shall provide City with copies
of all I-9 forms and supporting eligibility documentation for each CM@Risk employee who
performs work under this Agreement. CM@Risk shall adhere to all federal and state laws as
well as establish appropriate procedures and controls so that no services will be performed by
any CM@Risk employee who is not legally eligible to perform such services. CM@RISK SHALL
INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR
LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CM@Risk’s EMPLOYEES. City,
upon written notice to CM@Risk, shall have the right to immediately terminate this Agreement
for violations of this provision by CM@Risk.
12.24 Prohibition on Contracts with Companies Boycotting Israel. CM@Risk acknowledges that
in accordance with Chapter 2271 of the Texas Government Code, City is prohibited from
entering into a contract with a company for goods or services unless the contract contains a
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the Contract. The terms “boycott Israel” and “company” shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By
signing this agreement, CM@Risk certifies that CM@Risk’s signature provides written
verification to the City that CM@Risk: (1) does not boycott Israel; and (2) will not boycott Israel
during the term of the agreement. Failure to meet or maintain the requirements under this
provision will be considered a material breach.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
12.25 Prohibition on Contracts with Companies Boycotting Certain Energy Companies.
CM@Risk acknowledges that in accordance with Chapter 2274 of the Texas Government Code,
City is prohibited from entering into a contract with a company for goods or services unless the
contract contains written verification from the company that it: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of the contract. The terms
“boycott energy company” and “company” shall have the meanings ascribed to those terms in
Section 809.001 of the Texas Government Code. By signing this agreement, CM@Risk certifies
that CM@Risk’s signature provides written verification to the City that CM@Risk: (1) does not
boycott energy companies; and (2) will not boycott energy companies during the term of the
agreement. Failure to meet or maintain the requirements under this provision will be considered
a material breach.
12.26 Prohibition on Contracts with Companies Boycotting Certain Firearm Entities and
Firearm Trade Associations. CM@Risk acknowledges that in accordance with Chapter 2274
of the Texas Government Code, City is prohibited from entering into a contract with a company
for goods or services unless the contract contains written verification from the company that it:
(1) does not have a practice, policy, guidance, or directive that discriminates against a firearm
entity or firearm trade association; and (2) will not discriminate during the term of the contract
against a firearm entity or firearm trade association. The terms “discriminate against a firearm
entity or firearm trade association,” “firearm entity” and “firearm trade association” shall have the
meanings ascribed to those terms in Chapter 2274 of the Texas Government Code. By signing
this agreement, CM@Risk certifies that CM@Risk’s signature provides written verification to the
City that CM@Risk: (1) does not have a practice, policy, guidance, or directive that discriminates
against a firearm entity or firearm trade association; and (2) will not discriminate during the term
of the contract against a firearm entity or firearm trade association. Failure to meet or maintain
the requirements under this provision will be considered a material breach.
12.27 Prohibition on Contracts with Companies Doing Business with Iran, Sudan, or a Foreign
Terrorist Organization. Sections 2252 and 2270 of the Texas Government Code restricts CITY
from contracting with companies that do business with Iran, Sudan, or a foreign terrorist
organization. By signing this agreement, CM@Risk certifies that CM@Risk’s signature provides
written verification to the City that CM@Risk, pursuant to Chapters 2252 and 2270, is not
ineligible to enter into this agreement and will not become ineligible to receive payments under
this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to
meet or maintain the requirements under this provision will be considered a material breach.
12.28 Termination Right for Contracts with Companies Doing Business with Certain Foreign-
Owned Companies. The City of Denton may terminate this Contract immediately without any
further liability if the City of Denton determines, in its sole judgment, that this Contract meets the
requirements under Chapter 2274, and Contractor is, or will be in the future: (i) owned by or the
majority of stock or other ownership interest of the company is held or controlled by individuals
who are citizens of China, Iran, North Korea, Russia, or other designated country; (ii) directly
controlled by the Government of China, Iran, North Korea, Russia, or other designated country;
or (iii) is headquartered in China, Iran, North Korea, Russia, or other designated country.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
CITY OF DENTON, TEXAS CM@Risk
CORE Construction Services of Texas, Inc.
BY: BY:
_____________________ _______________________
_____________________ _______________________
Printed Name Printed Name
_____________________ ________________________
Title Title
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and
business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
ATTEST:
LAUREN THODEN, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
Gary Aanenson
Executive Vice President
Capital Projects
Seth Garcia
Director of Capital Projects
Sara Hensley
City Manager
EXHIBIT A - PROJECT DESCRIPTION
Denton Fire Station #5 is an emergency response facility designed to replace the previous fire station through a
comprehensive demolition and reconstruction effort. The new facility includes a four-bay, drive-thru apparatus bay
equipped with bi-fold quick response doors to ensure rapid deployment. The structural system incorporates a
combination of structural steel, cold form steel, and CMU, while the exterior is finished with a durable and modern
mix of brick and metal panels. The foundation utilizes a pier-supported slab-on-void design with a super void
plumbing system, engineered to address the site’s expansive soils. Interior spaces are thoughtfully planned to
meet the operational needs of fire and emergency personnel. The facility includes nine individual bunk rooms to
enhance privacy and rest, dedicated gear room and boat storage rooms, and a fitness gym with a dry sauna.
Zoning is organized into hot, neutral, and cold zones to manage and streamline workflow. A storm shelter is
integrated into the building for enhanced safety, and the HVAC system uses a high efficiency VAV and Ductless
split system configuration. The system also comprises dedicated outside air units and several roof top units that
allow for variable and constant fresh air volume supply. The facility also includes a private office designated for
police use. Additional features include a comprehensive FF&E package, an exterior diesel generator for
emergency power, and onsite parking spaces.
Denton Fire Station #6 is a new single-story facility designed to enhance emergency response services for the City
of Denton. The new facility includes a three-bay, drive-thru apparatus bay equipped with bi-fold quick response
doors to ensure rapid deployment. The structural system incorporates a combination of structural steel and CMU
while the exterior is finished with a durable and modern mix of brick, cast stone, and metal panels. The foundation
utilizes a pier-supported slab-on-grade design. Interior spaces are thoughtfully planned to meet the operational
needs of fire and emergency personnel. The facility includes nine individual bunk rooms to enhance privacy and
rest and a fitness gym with a dry sauna. Zoning is organized into hot, neutral, and cold zones to manage and
streamline workflow. A storm shelter is integrated into the building for enhanced safety, and the HVAC system
uses a high efficiency VAV and Ductless split system configuration. The system also comprises dedicated outside
air units and several roof top units that allow for variable and constant fresh air volume supply. The facility also
includes a private office designated for police use. Additional features include a comprehensive FF&E package, an
exterior diesel generator for emergency power, and onsite parking spaces.
Temporary housing and Sprung structure will be provided during the construction of Fire Station #5 on the City
owned adjacent lot. The temp station will include the setup of a modular trailer home to accommodate fire
personnel. This unit will be equipped with a new HVAC system and communication networking to support
continuous operations. To meet fire protection requirements, the temp facility will feature fire suppression with a
dedicated fire sprinkler room located between the modular trailer and the temp apparatus bay. The existing G2
alerting system will be relocated from Fire Station #5 to the temp site prior to the start of demolition to ensure
uninterrupted emergency response capabilities. A temporary apparatus bay sourced from Instant Sprung
Structures will be installed, providing two drive thru bays. The entire site will be enclosed with flex base drives to
support fire truck access and circulation through the bays. Supporting infrastructure will include the installation of
wet utilities connected to city service lines, a temp generator with transfer switch for backup power, and the
addition of a new electrical transformer to meet operational demands. This project will provide a fully functional
interim fire station while maintaining emergency service continuity for the community.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
EXHIBIT B – APPROVED GMP PROPOSAL
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
July 2, 2025
VIA ELECTRONIC MAIL
Mr. Giovanni Villalba
Project Manager
City of Denton
215 East Mckinney Street
Denton, Texas, 76201
RE: LUMP SUM PROPOSAL | City of Denton Fire Station #5, Fire Station #6, Temporary Structure
Dear Giovanni,
On behalf of CORE Construction, I am pleased to submit our Lump Sum proposal for the City of Denton Fire
Station #5, Fire Station #6, and Temporary Structure project.
Lump Sum Package Summary:
Fire Station #5 $10,846,436
Fire Station #6 $10,320,692
Temporary Structure $1,432,872
Total Lump Sum Package $22,600,000
Enclosed you will find the Basis of Estimate Clarifications, Cost Summary and Schedule of Values, an Enumeration
of Documents, and a Construction Schedule.
We look forward to a successful and enjoyable project together. Thank you for this opportunity, please do not
hesitate to contact me directly with any questions or comments.
Respectfully submitted,
Steven Taylor
Steven Taylor
PreConstruction Manager
CORE Construction
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
BASIS OF ESTIMATE
City of Denton Fire Station #5, Fire Station #6, Temporary Sprung Structure | Denton, TX
July 2, 2025
Page 2 of 10
ASSUMPTIONS, CLARIFICATIONS, & EXCLUSIONS
Schedule
Project Construction Duration and Substantial Completion shall remain dependent upon the Site Development
Approval and the following criteria:
· The following milestones are to be met. The dates listed below are the latest possible dates to meet these
milestones and any delays will impact the Substantial Completion Date and potentially additional costs to
General Conditions.
o For all three projects, lump sum package approval is to be received no later than July 22, 2025.
o For all three projects, NTP is to be received by August 1, 2025.
o Fire Station #5 mobilization to start by December 15, 2025.
o Fire Station #6 mobilization to start by August 4, 2025.
o Temporary Structure mobilization to start by August 4, 2025.
o Fire Station #5 site and building permit to be received no later than October 15, 2025.
o Fire Station #6 site and building permit to be received no later than August 1, 2025.
o Temporary Structure site and building permit to be received no later than August 1, 2025.
o If NTP is received prior to the date listed above, the Substantial Completion date will not adjust to
an earlier date, due to material lead times.
o If the above criteria are unachievable Substantial Completion will need to be adjusted or
acceleration costs further discussed.
· Fire Station #5 Substantial Completion: February 15, 2027.
· Fire Station #5 Final Completion: April 1, 2027.
· Fire Station #6 Substantial Completion: October 5, 2026.
· Fire Station #6 Final Completion: November 19, 2026.
· Temporary Structure Substantial Completion: December 5, 2025.
· Temporary Structure Final Completion: January 20, 2026.
Projected Project Staffing – Temporary Structure
· Project Director – Nate Kowallis – 5%
· Project Manager – Brent Peterson – 50%
· General Superintendent – Ron Roman – 5%
· Superintendent – Josh Huneycutt – 50%
Projected Project Staffing – Fire Station #5
· Project Director – Nate Kowallis – 10%
· Project Manager – Brent Peterson – 50%
· Assistant Project Manager – Madison Ampoe – 50%
· General Superintendent – Ron Roman – 10%
· Superintendent – Josh Huneycutt – 100%
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
BASIS OF ESTIMATE
City of Denton Fire Station #5, Fire Station #6, Temporary Sprung Structure | Denton, TX
July 2, 2025
Page 3 of 10
Projected Project Staffing – Fire Station #6
· Project Director – Nate Kowallis – 10%
· Project Manager – Brent Peterson – 50%
· Assistant Project Manager – Madison Ampoe – 50%
· General Superintendent – Ron Roman – 10%
· Superintendent – Johnny Reed – 100%
Labor Rates
· Labor rates are included below. The Actual Costs for each of the rates includes all normal and customary
payroll paid by the Contractor plus all fringe benefits, taxes, and insurances.
Standard Rate Overtime
Rate
Project Management:
Project Director $132.00 -
Sr. Project Manager $128.00 -
Project Manager $120.00 -
Scheduler $103.00 -
Asst. Project Manager $94.00 -
Construction Coordinator $89.00 -
Project Accountant $79.00 -
Project Engineer $74.00 -
Contracts Administrator $77.00 -
Information Systems Technician $75.00 -
Project Engineer Intern $24.00 $44.00
Field Operations:
Director of Field Operations $145.00 -
General Superintendent $136.00 -
Sr. Superintendent $128.00 -
Safety Director $102.00 -
Quality Control Director $115.00 -
Superintendent $111.00 -
Asst. Superintendent $94.00 -
Quality Control Manager $94.00 -
Warranty Manager $85.00 -
Safety Manager $94.00 -
Field Engineer $77.00 -
Carpenter $70.00 $95.00
Skilled Laborer $70.00 $95.00
Laborers $60.00 $80.00
Specific Exclusions to Lump Sum Package
a. Asbestos Abatement (assumed by owner if any)
b. FF&E - Furniture, Fixtures, and Equipment – besides items covered by allowances.
c. 2-Year maintenance bond on subcontractors.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
BASIS OF ESTIMATE
City of Denton Fire Station #5, Fire Station #6, Temporary Sprung Structure | Denton, TX
July 2, 2025
Page 4 of 10
d. Normal shrinkage cracking of the slab is expected and shall not be cause for removal or replacement of
structurally sound slabs per ACI standards.
e. Owner contingency.
f. The following are excluded and assumed to be by owner or owner’s vendor:
o Trenching for the gas lines from off-site source to the property line (CORE has included the
trenching from the property line to the meter).
o Salvage and Relocation of any existing equipment or furnishings
o Delivery and Installation of all above
Allowances – Fire Station #5
· Allowance #1 – City Comments / TAS Comments $5,000
- This allowance covers any city comments that result in scope changes from permitting.
· Allowance #2 – Station Alerting System $150,000
- This allowance covers furnishing and installation of G2 station alerting system devices, infrastructure, and
wiring.
· Allowance #3 – ERRS $29,270
- This allowance covers furnishing and installation of a radio booster system pending an initial test when the
building is enclosed.
· Allowance #4 – Cell Booster $14,635
- This allowance covers furnishing and installation of a cell booster system pending an initial test when the
building is enclosed.
· Allowance #5 – Graphics $12,500
- This allowance covers furnishing and installation of wall coverings associated with specification 09 72 00.
· Allowance #6 – Infrared Sauna $12,000
- This allowance covers furnishing and installation of Rocky Mountain sauna: Durango 60.25” x 50.1”
· Allowance #7 – Pier Casing $87,500
- This allowance covers casing for 50% of the piers, including the initial rig mobilization.
· Allowance #8 – SCBA Fill, Wash Stations, and Air Compressor $150,000
- This allowance covers furnishing and installation of SCBA fill station, wash station, and the air compressor.
Allowances – Fire Station #6
· Allowance #1 – City Comments / TAS Comments $5,000
- This allowance covers any city comments that result in scope changes from permitting.
· Allowance #2 – Station Alerting System $150,000
- This allowance covers furnishing and installation of G2 station alerting system devices, infrastructure, and
wiring.
· Allowance #3 – ERRS $26,462
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
BASIS OF ESTIMATE
City of Denton Fire Station #5, Fire Station #6, Temporary Sprung Structure | Denton, TX
July 2, 2025
Page 5 of 10
- This allowance covers furnishing and installation of a radio booster system pending an initial test when the
building is enclosed.
· Allowance #4 – Cell Booster $13,231
- This allowance covers furnishing and installation of a cell booster system pending an initial test when the
building is enclosed.
· Allowance #5 – Graphics $12,500
- This allowance covers furnishing and installation of wall coverings associated with specification 09 72 00.
· Allowance #6 – Infrared Sauna $12,000
- This allowance covers furnishing and installation of Rocky Mountain sauna: Durango 60.25” x 50.1”
· Allowance #7 – Pier Casing $102,500
- This allowance covers casing for 50% of the piers, including the initial rig mobilization.
· Allowance #8 – Temporary Generator Rental (2 MO) $50,000
- This allowance covers temporary generator rental and fuel for two months in the instance there are delays
associated with procurement of the permanent generator.
· Allowance #9 – SCBA Fill, Wash Stations, and Air Compressor $150,000
- This allowance covers furnishing and installation of SCBA fill station, wash station, and the air compressor.
Allowances – Temporary Sprung Structure
· Allowance #1 – City Comments / TAS Comments $5,000
- This allowance covers any city comments that result in scope changes from permitting.
· Allowance #2 – Station Alerting System Infrastructure $15,000
- This allowance covers furnishing and installation of infrastructure and wiring for the salvaged devices (by
others) in the living quarters.
· Allowance #3 – Shed for Fire Riser & Foundation $3,500
- This allowance covers furnishing and installation of the shed for the fire riser and a concrete pad to sit on.
· Allowance #4 – New Sprinkler Piping and Heads for Trailer $15,000
- This allowance covers furnishing and installation of a new sprinkler system for the living quarters.
· Allowance #5 – Trailer Plumbing Connections $10,000
- This allowance covers final plumbing connections to the trailer and the sprung structure.
· Allowance #6 – HVAC for Trailer and Heater for Shed $20,000
- This allowance covers furnishing and installation of a wall unit for the trailer and a heater for the fire riser
shed.
· Allowance #7 – Temporary Services During Operation $60,000
- This allowance covers electric, utility, and sanitary services while the trailer is occupied during construction
of Fire Station #5.
· Allowance #8 – Set Up Charges for Living Quarters $20,000
- This allowance covers initial setting of the living quarters trailer, skirting, and any required ramps or railings.
· Allowance #9 – Electrical Salvaging (Sheet EDS-100) $30,000
- This allowance covers salvaging of the ATS and generator from existing station 5.
· Allowance #10 – Generator Relocation Misc Items $25,000
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
BASIS OF ESTIMATE
City of Denton Fire Station #5, Fire Station #6, Temporary Sprung Structure | Denton, TX
July 2, 2025
Page 6 of 10
- This allowance covers furnishing and installation of manual transfer switches, raceways, and feeders required
for install of the generator.
Unit Prices – Fire Station #5, Fire Station #6, and Temporary Sprung Structure
· Additional Select Fill: $39.10/CY
· Additional Lime Stabilization: $10.55/SY
· Import topsoil for Landscaping: $60/CY
· Concrete Piers
Add 18” pier: $53/LF
Add 18” casing: $49/LF
Add 24” pier: $65/LF
Add 24” casing: $59/LF
Add 30” pier: $81/LF
Add 30” casing: $73/LF
· Additional Concrete Sidewalks: $7.65/SF
· Additional Light-Duty Pavement: $6.10/SF
· Additional Heavy-Duty Pavement: $7.60/SF
· Additional Driveway Approach Pavement: $11/SF
· Moisture Mitigation for Flooring: $6.50/SF
Other Scope Specific Assumptions and Clarifications – Fire Stations #5 and #6
LINE ITEM 7 | Earthwork
1. We have included:
a. Moisture conditioning for a slab on grade at station #6 only.
LINE ITEM 8 | Site Utilities
1. We have included:
a. Gravel embedment material for all utilities.
b. Backfill of trenches with native soils where required.
2. We have NOT included:
a. Any cement stabilized embedment materials.
LINE ITEM 15 | Landscaping and Irrigation
1. We have included:
a. Respread of onsite spoils stockpiled by earthwork or concrete trade. Assuming on site spoils are acceptable.
2. We have NOT included:
a. Import of any topsoil.
b. Twelve (12) month maintenance for plantings or irrigation.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
BASIS OF ESTIMATE
City of Denton Fire Station #5, Fire Station #6, Temporary Sprung Structure | Denton, TX
July 2, 2025
Page 7 of 10
c. Any decomposed granite for walking paths.
d. Any irrigation controllers, to be owner furnished and installed.
LINE ITEM 18 | Fencing and Gates
1. We have NOT included:
a. Any graphics applied to the privacy panels, to be furnished and installed by others.
LINE ITEM 55 | Finished Carpentry and Millwork
1. We have NOT included:
a. Any Architectural Woodwork Institute (AWI) certifications.
LINE ITEM 65 | Flooring package
1. We have NOT included:
a. Any moisture mitigation, see unit prices.
LINE ITEM 97 | Fire Sprinkler Systems
1. We have NOT included:
a. Any fire pumps.
LINE ITEM 99 | HVAC Systems
1. We have NOT included:
a. Plymovent, magnegrip or similar vehicle exhaust systems.
LINE ITEM 102 | Electrical Systems
1. We have NOT included:
a. Lightning protection.
Other Scope Specific Assumptions and Clarifications – Temporary Sprung Structure
LINE ITEM 7 | Earthwork
1. We have included:
a. Pad prep includes grading and compaction only.
b. Spreading of owner furnished millings for the temporary drive.
2. We have NOT included:
a. Any sump pump dewatering.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
BASIS OF ESTIMATE
City of Denton Fire Station #5, Fire Station #6, Temporary Sprung Structure | Denton, TX
July 2, 2025
Page 8 of 10
b. Any well point or similar dewatering systems.
c. Any moisture conditioning, select fill, or alternative pad prep underneath any structures.
d. Any traffic control or barriers outside of flagging.
e. Any temporary culverts.
f. “Rhino Snot” or similar dust control applications.
g. Maintenance of the flex base / asphalt milling drives throughout occupancy.
h. Any demolition after the new Fire Station is occupied.
LINE ITEM 8 | Site Utilities
1. We have included:
a. Standard sand or gravel embedment.
b. Backfill of trenches with native soils where required.
2. We have NOT included:
a. Cement stabilized backfill.
b. Importing of soils for backfill of trenches.
c. Any fire hydrants.
LINE ITEM 11 | Soil Treatment
1. We have NOT included:
a. Any termite treatment.
LINE ITEM 14 | Site Signage and Striping
1. We have NOT included:
a. Any fire lane striping.
b. Any parking spot striping.
c. Any wheel stops.
d. Any traffic signage.
e. Any signage shown on A-sheets.
LINE ITEM 15 | Landscaping & Irrigation
1. We have NOT included:
a. Any landscape or screening requirements.
b. Any soil stabilization for erosion control.
c. Any resodding of disturbed areas after construction.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
BASIS OF ESTIMATE
City of Denton Fire Station #5, Fire Station #6, Temporary Sprung Structure | Denton, TX
July 2, 2025
Page 9 of 10
LINE ITEM 32 | Sprung Structure
1. We have NOT included:
a. Disassembly or relocation of the sprung structure after completion of Station #5.
LINE ITEM 33 | Living Quarters
1. We have included:
a. The trailer in the condition it is at time of arrival on site.
2. We have NOT included:
a. ADA requirements or upgrades stated throughout sheet G-201.
b. Electrical work not shown.
c. Appliances for the trailer.
d. Architectural finishes, patching, or painting.
e. Ramps or stairs, see allowance #8.
f. Any cabinetry work.
g. Excludes cable tray within the living quarters, assumes we can surface mount conduits.
h. Any railings.
i. Initial delivery of the trailer to the location shown on the site plan, a direct cost to the city.
j. Relocation of the trailer after completion of Station #5.
k. Warranties on the trailer since it was purchased as is.
LINE ITEM 73 | Signage Package
1. We have NOT included:
a. Identification signage for any of the structures.
LINE ITEM 78 | Fire Extinguishers & Cabinets
1. We have NOT included:
a. Any fire extinguisher cabinets.
LINE ITEM 79 | Lockers
1. We have NOT included:
a. Furnish or installation of any gear grid lockers, salvage of existing is by owner.
LINE ITEM 97 | Fire Sprinkler Systems
1. We have NOT included:
a. Any sprinklers for the sprung structure.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
BASIS OF ESTIMATE
City of Denton Fire Station #5, Fire Station #6, Temporary Sprung Structure | Denton, TX
July 2, 2025
Page 10 of 10
LINE ITEM 102 | Electrical Systems
1. We have included:
a. Hook up to the salvaged Generator.
b. Hook up to the salvaged Automatic Transfer Switch.
2. We have NOT included:
a. Furnishing of any generators, miscellaneous items needed for complete install to be handled by allowance
#10.
LINE ITEM 103 | Fire Alarm Systems
1. We have NOT included:
a. Any fire alarm devices, CO detection, life safety equipment for the sprung structure or living quarters.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
Fire Station #5 – Enumeration of DocumentsDocusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #5April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color Division 00Procurement and Contracting Requirements00 01 10 - FS 5TABLE OF CONTENTS2/25/20252/25/20252/25/2025000 31 32 - FS 5GEOTECHNICAL DATA2/25/20252/25/20252/25/2025000 73 43 - FS 5PREVAILING WAGE RATES2/25/20252/25/20252/25/20250Division 01 General Requirements01 11 00 - FS 5SUMMARY OF WORK2/25/20252/25/20252/25/2025001 16 00 - FS 5PRODUCT REQUIREMENTS2/25/20252/25/20252/25/2025001 21 00 - FS 5ALLOWANCES2/25/20252/25/20252/25/2025001 23 00 - FS 5ALTERNATES2/25/20252/25/20252/25/2025001 25 00 - FS 5SUBSTITUTION PROCEDURES2/25/20252/25/20252/25/2025001 29 00 - FS 5PAYMENT PROCEDURES2/25/20252/25/20252/25/2025001 29 76 - FS 5STORED MATERIALS AND EQUIPMENT (MATERIALS ON HAND) 2/25/2025 2/25/2025 2/25/2025 001 31 00 - FS 5PROJECT MANAGEMENT AND COORDINATION 2/25/2025 2/25/2025 2/25/2025 001 31 06 - FS 5COORDINATION DRAWINGS2/25/20252/25/20252/25/2025001 31 19 - FS 5PRECONSTRUCTION MEETING2/25/20252/25/20252/25/2025001 31 20 - FS 5PROJECT MEETINGS2/25/20252/25/20252/25/2025001 32 16 - FS 5CONSTRUCTION PROGRESS SCHEDULE2/25/20252/25/20252/25/2025001 32 33 - FS 5PRECONSTRUCTION VIDEO2/25/20252/25/20252/25/2025001 33 00 - FS 5SUBMITTALS2/25/20252/25/20252/25/2025001 35 13 - FS 5SPECIAL PROJECT PROCEDURES2/25/20252/25/20252/25/2025001 45 23 - FS 5TESTING AND INSPECTION SERVICES2/25/20252/25/20252/25/2025001 50 00 - FS 5TEMPORARY FACILITIES AND CONTROLS2/25/20252/25/20252/25/2025001 55 13 - FS 5STABILIZED CONSTRUCTION EXIT2/25/20252/25/20252/25/2025001 55 26 - FS 5TRAFFIC CONTROL2/25/20252/25/20252/25/2025001 57 00 - FS 5SOURCE CONTROL2/25/20252/25/20252/25/2025001 57 10 - FS 5TPDES REQUIREMENTS2/25/20252/25/20252/25/2025001 57 13 - FS 5STORM WATER POLLUTION PREVENTION2/25/20252/25/20252/25/2025001 57 16 - FS 5FILTER FABRIC FENCE2/25/20252/25/20252/25/2025001 57 19 - FS 5 CONTROL OF GROUND & SURFACE WATER 2/25/2025 2/25/2025 2/25/2025 001 57 23 - FS 5TEMPORARY STORM WATER POLLUTION CONTROL2/25/2025 2/25/2025 2/25/2025 001 58 13 - FS 5TEMPORARY PROJECT SIGNAGE2/25/20252/25/20252/25/2025001 60 00 - FS 5MATERIALS AND EQUIPMENT2/25/20252/25/20252/25/2025001 66 00 - FS 5PRODUCT STORAGE AND HANDLING REQUIREMENTS 2/25/2025 2/25/2025 2/25/2025 001 70 00 - FS 5MOBILIZATION AND REMOBILIZATION2/25/20252/25/20252/25/2025001 71 23 - FS 5CONSTRUCITON STAKING AND SURVEY2/25/20252/25/20252/25/2025001 73 29 - FS 5CUTTING AND PATCHING2/25/20252/25/20252/25/2025001 74 19 - FS 5CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 2/25/2025 2/25/2025 2/25/2025 001 74 23 - FS 5CLEANING2/25/20252/25/20252/25/2025001 77 19 - FS 5CLOSEOUT REQUIREMENTS2/25/20252/25/20252/25/2025001 78 39 - FS 5PROJECT RECORD DOCUMENTS2/25/20252/25/20252/25/2025001 91 13 - FS 5 GENERAL COMMISSIONING REQUIREMENTS 2/25/2025 2/25/2025 2/25/2025 0Division 02Existing Conditions/Site02 41 13.10 - FS 5REMOVING EXISTING PAVEMENTS, UTILITIES, AND STRUCTURES 2/25/2025 2/25/2025 2/25/2025 002 41 16 - FS 5BUILDING DEMOLITION2/25/20252/25/20252/25/2025002 41 19 - FS 5SELECTIVE DEMOLITION2/25/20252/25/20252/25/20250Division 03Concrete03 30 00 - FS 5CAST-IN-PLACE CONCRETE2/25/20252/25/20252/25/20250 PROJECT MANUALPage 1 of 9Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #5April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color 03 35 00 - FS 5CONCRETE FLOOR FINISHING2/25/20252/25/20252/25/2025003 66 00 - FS 5POLISHED CONCRETE2/25/20252/25/20252/25/20250Division 04Masonry04 20 00 - FS 5 STRUCTURAL CONCRETE UNIT MASONRY 2/25/2025 2/25/2025 2/25/2025 004 21 00 - FS 5UNIT MASONRY2/25/20252/25/20252/25/2025004 72 00 - FS 5CAST STONE MASONRY2/25/20252/25/20252/25/20250Division 05Metals05 12 00 - FS 5STRUCTURAL STEEL2/25/20252/25/20252/25/2025005 12 13 - FS 5ARCHITECTURALLY EXPOSED STRUCTURAL STEEL2/25/2025 2/25/2025 2/25/2025 005 21 00 - FS 5STEEL JOISTS & JOIST GIRDERS2/25/20252/25/20252/25/2025005 31 00 - FS 5STEEL DECK2/25/20252/25/20252/25/2025005 40 00 - FS 5COLD-FORMED METAL FRAMING2/25/20252/25/20252/25/2025005 51 33 - FS 5METAL WALL LADDER3/11/20253/11/20253/11/20251Division 06Wood, Plastics, and Composites06 10 00 - FS 5ROUGH CARPENTRY2/25/20252/25/20252/25/2025006 16 00 - FS 5SHEATHING2/25/20252/25/20252/25/2025006 41 16 - FS 5PLASTIC-LAMINATE-CLAD ARCHITECTURAL CABINETS2/25/2025 2/25/2025 2/25/2025 0Division 07Thermal and Moisture Protection07 11 13 - FS 5BITUMINOUS DAMPPROOFING2/25/20252/25/20252/25/2025007 18 20 - FS 5PENETRATION FLOOR SEALER2/25/20252/25/20252/25/2025007 21 00 - FS 5THERMAL INSULATION2/25/20252/25/20252/25/2025007 25 00 - FS 5WEATHER BARRIER2/25/20252/25/20252/25/2025007 26 00 - FS 5UNDER-SLAB VAPOR BARRIER2/25/20252/25/20252/25/2025007 27 27 - FS 5FLUID-APPLIED MEMBRANE AIR & MOISTURE BARRIER 2/25/2025 2/25/2025 2/25/2025 007 41 13 - FS 5METAL ROOF PANELS2/25/20252/25/20252/25/2025007 42 13 - FS 5PREFORMED METAL WALL PANELS2/25/20252/25/20252/25/2025007 42 93 - FS 5SOFFIT PANELS2/25/20252/25/20252/25/2025007 51 00 - FS 5BUILT-UP ASPHALT ROOFING2/25/20252/25/20252/25/2025007 52 16 - FS 5MODIFIED BITUMINOUS MEMBRANE ROOFING2/25/2025 2/25/2025 2/25/2025 007 62 00 - FS 5SHEET METAL FLASHING AND TRIM2/25/20252/25/20252/25/2025007 71 23 - FS 5MANUFACTURED GUTTERS AND DOWNSPOUTS 2/25/2025 2/25/2025 2/25/2025 007 84 13 - FS 5FIRESTOPPING2/25/20252/25/20252/25/2025007 92 00 - FS 5JOINT SEALERS2/25/20252/25/20252/25/20250Division 08Openings08 11 13 - FS 5HOLLOW METAL DOORS AND FRAMES2/25/20252/25/20252/25/2025008 12 10 - FS 5INTERIOR ALUMINUM DOORS, DOOR FRAMES, AND STOREFRONT FRAMING 2/25/2025 2/25/2025 2/25/2025 008 14 23 - FS 5 PLASTIC-LAMINATE-FACED WOOD DOORS 2/25/2025 2/25/2025 2/25/2025 008 30 00 - FS 5SPECIALTY STEEL DOORS AND FRAMES2/25/20252/25/20252/25/2025008 31 13 - FS 5ACCESS DOORS2/25/20252/25/20252/25/2025008 33 00 - FS 5ROLLING GRILLES2/25/20252/25/20252/25/2025008 33 23 - FS 5OVERHEAD COILING DOORS2/25/20252/25/20252/25/2025008 35 13 - FS 5FOUR FOLD DOORS2/25/20252/25/20252/25/2025008 36 00 - FS 5SECTIONAL OVERHEAD DOORS2/25/20252/25/20252/25/2025008 41 13 - FS 5ALUMINUM FRAMED ENTRANCES AND STOREFRONTS 2/25/2025 2/25/2025 2/25/2025 008 51 13 - FS 5VERTICAL HUNG ALUMINUM WINDOWS3/20/20253/20/20253/20/2025008 71 00 - FS 5DOOR HARDWARE2/25/20252/25/20252/25/2025008 71 01 - FS 5SLIDING BARN DOORS2/25/20252/25/20252/25/2025008 80 00 - FS 5GLAZED SYSTEMS2/25/20252/25/20252/25/20250Page 2 of 9Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #5April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color 08 91 00 - FS 5METAL LOUVERS2/25/20252/25/20252/25/20250Division 09Finishes09 22 16 - FS 5NON-STRUCTURAL METAL FRAMING2/25/20252/25/20252/25/2025009 29 00 - FS 5GYPSUM BOARD2/25/20252/25/20252/25/2025009 30 13 - FS 5CERAMIC TILING2/25/20252/25/20252/25/2025009 51 23 - FS 5ACOUSTICAL TILE CEILINGS2/25/20252/25/20252/25/2025009 65 13 - FS 5RESILIENT BASE AND ACCESSORIES2/25/20252/25/20252/25/2025009 65 66 - FS 5RESILIENT ATHLETIC FLOORING2/25/20252/25/20252/25/2025009 68 13 - FS 5TILE CARPETING2/25/20252/25/20252/25/2025009 72 00 - FS 5WALL COVERINGS2/25/20252/25/20252/25/2025009 91 00 - FS 5EXTERIOR PAINTING2/25/20252/25/20252/25/2025009 91 23 - FS 5INTERIOR PAINTING2/25/20252/25/20252/25/2025009 96 00 - FS 5HIGH-PERFORMANCE COATINGS2/25/20252/25/20252/25/20250Division 10Specialties10 11 00 - FS 5MARKERBOARDS2/25/20252/25/20252/25/2025010 14 00 - FS 5SIGNAGE AND GRAPHICS2/25/20252/25/20252/25/2025010 14 19 - FS 5DIMENSIONAL LETTER SIGNAGE2/25/20252/25/20252/25/2025010 26 00 - FS 5WALL AND DOOR PROTECTION2/25/20252/25/20252/25/2025010 28 13 - FS 5TOILET ACCESSORIES3/20/20253/20/20253/20/2025110 44 00 - FS 5FIRE EXTINGUISHERS AND CABINETS2/25/20252/25/20252/25/2025010 50 30 - FS 5 TURNOUT GEAR LOCKERS WALL MOUNTED 2/25/2025 2/25/2025 2/25/2025 010 73 16 - FS 5ALUMINUM CANOPIES2/25/20252/25/20252/25/2025010 75 00 - FS 5FLAGPOLES2/25/20252/25/20252/25/20250Division 11Equipment11 23 00 - FS 5COMMERCIAL LAUNDRY EQUIPMENT2/25/20252/25/20252/25/2025011 30 00 - FS 5RESIDENTIAL APPLIANCES2/25/20252/25/20252/25/20250Division 12Furnishings12 36 16 - FS 5METAL COUNTERTOPS2/25/20252/25/20252/25/2025012 36 19 - FS 5WOOD COUNTERTOPS2/25/20252/25/20252/25/2025012 36 61.16 - FS 5SOLID SURFACING COUNTERTOPS2/25/20252/25/20252/25/2025012 49 20 - FS 5MANUAL OPERATED ROLLER SHADE2/25/20252/25/20252/25/20250Division 21Fire Suppression21 05 00 - FS 5COMMON WORK RESULTS FOR FIRE SUPPRESSION 2/25/2025 2/25/2025 2/25/2025 021 13 13 - FS 5WET-PIPE SPRINKLER SYSTEMS2/25/20252/25/20252/25/2025021 13 16 - FS 5DRY-PIPE SPRINKLER SYSTEMS2/25/20252/25/20252/25/20250Division 22Plumbing22 05 29 - FS 5HANGERS AND SUPPORTS FOR PLUMBING PIPING AND EQUIPMENT 2/25/2025 2/25/2025 2/25/2025 022 07 00 - FS 5PLUMBING INSULATION2/25/20252/25/20252/25/2025022 11 00 - FS 5FACILITY WATER DISTRIBUTION2/25/20252/25/20252/25/2025022 13 00 - FS 5FACILITY SANITARY SEWERAGE2/25/20252/25/20252/25/2025022 15 13 - FS 5 GENERAL SERVICE COMPRESSED-AIR PIPING 2/25/2025 2/25/2025 2/25/2025 022 34 00 - FS 5FUEL-FIRED DOMESTIC WATER HEATERS2/25/20252/25/20252/25/2025022 40 00 - FS 5PLUMBING FIXTURES2/25/20252/25/20252/25/20250Division 23Heating, Ventilating, and Air Conditioning23 05 00 - FS 5GENERAL MECHANICAL REQUIREMENTS2/25/20252/25/20252/25/2025023 05 29 - FS 5HANGERS AND SUPPORTS FOR HVAC PIPING AND EQUIPMENT 2/25/2025 2/25/2025 2/25/2025 023 05 53 - FS 5IDENTIFICATION FOR HVAC PIPING AND EQUIPMENT 2/25/2025 2/25/2025 2/25/2025 023 05 93 - FS 5TESTING, ADJUSTING, AND BALANCING FOR HVAC2/25/2025 2/25/2025 2/25/2025 023 07 00 - FS 5HVAC INSULATION2/25/20252/25/20252/25/20250Page 3 of 9Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #5April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color 23 09 23 - FS 5DIRECT DIGITAL CONTROL FOR HVAC2/25/20252/25/20252/25/2025023 11 23 - FS 5FACILITY NATURAL-GAS PIPING2/25/20252/25/20252/25/2025023 23 00 - FS 5REFRIGERANT PIPING2/25/20252/25/20252/25/2025023 31 00 - FS 5HVAC DUCTS AND CASINGS2/25/20252/25/20252/25/2025023 33 00 - FS 5AIR DUCT ACCESSORIES2/25/20252/25/20252/25/2025023 34 00 - FS 5HVAC FANS2/25/20252/25/20252/25/2025023 36 00 - FS 5AIR TERMINAL UNITS2/25/20252/25/20252/25/2025023 37 00 - FS 5AIR OUTLETS AND INLETS2/25/20252/25/20252/25/2025023 55 00 - FS 5FUEL-FIRED HEATERS2/25/20252/25/20252/25/2025023 81 26.10 - FS 5DUCTLESS-SPLIT SYSTEM AIR CONDITIONERS 2/25/2025 2/25/2025 2/25/2025 023 82 00 - FS 5CONVECTION HEATING AND COOLING UNITS2/25/2025 2/25/2025 2/25/2025 0Division 26Electrical26 05 00 - FS 5 BASIC ELECTRICAL METHODS2/25/20252/25/20252/25/2025026 05 13 - FS 5BUILDING WIRE AND CABLE2/25/20252/25/20252/25/2025026 05 19 - FS 5EQUIPMENT WIRING SYSTEMS2/25/20252/25/20252/25/2025026 05 26 - FS 5GROUNDING AND BONDING2/25/20252/25/20252/25/2025026 05 29 - FS 5SUPPORTING DEVICES2/25/20252/25/20252/25/2025026 05 33 - FS 5CONDUIT2/25/20252/25/20252/25/2025026 05 33.16 - FS 5BOXES2/25/20252/25/20252/25/2025026 05 53 - FS 5ELECTRICAL IDENTIFICATION2/25/20252/25/20252/25/2025026 05 73 - FS 5POWER SYSTEM STUDIES2/25/20252/25/20252/25/2025026 09 24 - FS 5LIGHTING CONTROLS2/25/20252/25/20252/25/2025026 18 39 - FS 5ENCLOSED MOTOR CONTROLLERS2/25/20252/25/20252/25/2025026 24 16 - FS 5PANELBOARDS2/25/20252/25/20252/25/2025026 27 26 - FS 5WIRING DEVICES2/25/20252/25/20252/25/2025026 28 16.16 - FS 5ENCLOSED SWITCHES2/25/20252/25/20252/25/2025026 32 13 - FS 5ENGINE GENERATORS2/25/20252/25/20252/25/2025026 36 13 - FS 5ENCLOSED TRANSFER SWITCHES2/25/20252/25/20252/25/2025026 51 00 - FS 5INTERIOR LIGHTING2/25/20252/25/20252/25/20250Division 27Communications27 00 00 - FS 5COMMUNICATIONS2/25/20252/25/20252/25/2025027 05 26 - FS 5GROUNDING AND BONDING FOR COMMUNICATIONS SYSTEMS 2/25/2025 2/25/2025 2/25/2025 027 05 28 - FS 5PATHWAYS FOR COMMUNICATIONS SYSTEMS2/25/2025 2/25/2025 2/25/2025 027 05 43 - FS 5UNDERGROUND DUCTS AND RACEWAYS FOR COMMUNICATIONS SYSTEMS 2/25/2025 2/25/2025 2/25/2025 027 11 00 - FS 5COMMUNICATIONS ROOM FITTINGS2/25/20252/25/20252/25/2025027 15 00 - FS 5 COMMUNICATIONS HORIZONTAL CABLING 2/25/2025 2/25/2025 2/25/2025 027 41 13 - FS 5AUDIOVISUAL INFRASTRUCTURE2/25/20252/25/20252/25/2025027 41 16 - FS 5AUDIOVISUAL SYSTEMS2/25/20252/25/20252/25/20250Division 28Electronic Safety and Security28 05 00 - FS 5COMMON WORK FOR ELECTRONIC SECURITY2/25/2025 2/25/2025 2/25/2025 028 08 00 - FS 5COMMISSIONING OF ELECTRONIC SECURITY2/25/2025 2/25/2025 2/25/2025 028 10 00 - FS 5ACCESS CONTROL SYSTEM2/25/20252/25/20252/25/2025028 20 00 - FS 5VIDEO SURVEILLANCE SYSTEM2/25/20252/25/20252/25/2025028 26 00 - FS 5INTERCOMMUNICATIONS2/25/20252/25/20252/25/2025028 31 00 - FS 5FIRE ALARM SYSTEMS2/25/20252/25/20252/25/20250Division 31Earthwork31 23 00 - FS 5EXCAVATION AND EMBANKMENT2/25/20252/25/20252/25/2025031 23 23.53 - FS 5CEMENT STABILIZED SAND BACKFILL2/25/20252/25/20252/25/20250Page 4 of 9Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #5April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color 31 23 33 - FS 5EXCAVATION, TRENCHING, AND BACKFILLING 2/25/2025 2/25/2025 2/25/2025 031 31 16 - FS 5TERMITE CONTROL2/25/20252/25/20252/25/2025031 63 29 - FS 5DRILLED PIERS2/25/20252/25/20252/25/20250Division 32Exterior Improvements32 11 16 - FS 5SUBGRADE PREPARATION AND COMPACTION 2/25/2025 2/25/2025 2/25/2025 032 11 29 - FS 5LIME STABILIZATION2/25/20252/25/20252/25/2025032 11 29.02 - FS 5ROLLING2/25/20252/25/20252/25/2025032 13 00 - FS 5SITE CONCRETE2/25/20252/25/20252/25/2025032 13 13 - FS 5CONCRETE PAVEMENT2/25/20252/25/20252/25/2025032 16 13 - FS 5CONCRETE CURB AND GUTTER2/25/20252/25/20252/25/2025032 16 13.01 - FS 5CONCRETE SIDEWALK2/25/20252/25/20252/25/2025032 17 23 - FS 5PAVEMENT MARKINGS2/25/20252/25/20252/25/2025032 31 11 - FS 5GATE OPERATORS2/25/20252/25/20252/25/2025032 31 19 - FS 5ORNAMENTAL FENCES AND GATES2/25/20252/25/20252/25/2025032 31 21 - FS 5ALUMINUM LOUVER FENCES AND GATES2/25/20252/25/20252/25/2025032 84 00 - FS 5PLANTING IRRIGATION2/25/20252/25/20252/25/2025032 91 15 - FS 5SOIL PREPARATION2/25/20252/25/20252/25/2025032 92 00 - FS 5TURF AND GRASSES2/25/20252/25/20252/25/2025032 93 00 - FS 5PLANTS2/25/20252/25/20252/25/20250Division 33Utilities33 11 00 - FS 5WATER UTILITY DISTRUBUTION2/25/20252/25/20252/25/2025033 31 00 - FS 5SANITARY UTILITY SEWERAGE2/25/20252/25/20252/25/2025033 41 00 - FS 5STORM UTILITY DRAINAGE PIPING2/25/20252/25/20252/25/20250Specification/ Drawing Description Drawing Date Stamp Date CORE Received Date Revision Color ArchitecturalA-101OVERALL FLOOR PLAN - LEVEL 12/25/20252/25/20252/25/20250A-111OVERALL EQUIPMENT FLOOR PLAN - LEVEL 1 2/25/2025 2/25/2025 2/25/2025 0A-131OVERALL DIMENSION FLOOR PLAN - LEVEL 1 2/25/2025 2/25/2025 2/25/2025 0A-141OVERALL PARTITION TYPE FLOOR PLAN - LEVEL 1 2/25/2025 2/25/2025 2/25/2025 0A-201EXTERIOR ELEVATIONS2/25/20252/25/20252/25/20250A-211ENLARGED EXTERIOR ELEVATIONS2/25/20252/25/20252/25/20250A-301BUILDING SECTIONS2/25/20252/25/20252/25/20250A-302BUILDING SECTIONS2/25/20252/25/20252/25/20250A-303BUILDING SECTIONS2/25/20252/25/20252/25/20250A-311WALL SECTIONS2/25/20252/25/20252/25/20250A-312WALL SECTIONS2/25/20252/25/20252/25/20250A-313WALL SECTIONS2/25/20252/25/20252/25/20250A-314WALL SECTIONS2/25/20252/25/20252/25/20250A-315WALL SECTIONS2/25/20252/25/20252/25/20250A-316WALL SECTIONS2/25/20252/25/20252/25/20250A-501EXTERIOR DETAILS - PLAN DETAILS2/25/20252/25/20252/25/20250A-511EXTERIOR DETAILS - SECTION DETAILS2/25/20252/25/20252/25/20250A-512EXTERIOR DETAILS - SECTION DETAILS2/25/20252/25/20252/25/20250A-519EXTERIOR DETAILS - DOOR, WINDOW & LOUVER DETAILS 2/25/2025 2/25/2025 2/25/2025 0A-520EXTERIOR DETAILS - DOOR, WINDOW & LOUVER DETAILS 2/25/2025 2/25/2025 2/25/2025 0A-521EXTERIOR DETAILS - DOOR, WINDOW & LOUVER DETAILS 2/25/2025 2/25/2025 2/25/2025 0A-9033D REPRESENTATIONS AND ISOMETRICS2/25/20252/25/20252/25/20250DRAWINGSPage 5 of 9Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #5April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color A-910CLEAN FLOOR PLAN LEVEL 12/25/20252/25/20252/25/20250AD-100DEMOLITION SITE PLAN2/25/20252/25/20252/25/20250AS-100OVERALL SITE PLAN2/25/20252/25/20252/25/20250AS-201SITE DETAILS2/25/20252/25/20252/25/20250CivilC1.01CIVIL COVER SHEET2/25/20252/25/20252/25/20250C11.60STORM CALCULATIONS2/25/20252/25/20252/25/20250C13.50SEWER PROFILE2/25/20252/25/20252/25/20250C16.01TRAFFIC CONTROL PLAN2/25/20252/25/20252/25/20250C17.02EROSION CONTROL DETAILS2/25/20252/25/20252/25/20250C18.01STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.02STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.03STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.04STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.05STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.06STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.07STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.08STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.09STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.10STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.11STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.12STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.13STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.14STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.15STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.16STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.17STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.18STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C19.01STANDARD DETAILS (TXDOT)2/25/20252/25/20252/25/20250C2.01GENERAL NOTES2/25/20252/25/20252/25/20250C3.01SUMMARY OF QUANTITIES2/25/20252/25/20252/25/20250C4.01FINAL PLAT2/25/20252/25/20252/25/20250C6.01ZONING COMPLIANCE PLAN2/25/20252/25/20252/25/20250C8.01EXISTING DRAINAGE AREA MAP2/25/20252/25/20252/25/20250C8.02PROPOSED DRAINAGE AREA MAP2/25/20252/25/20252/25/20250ElectricalE-001ELECTRICAL SYMBOLS, LEGENDS & ABBREVIATIONS 2/25/2025 2/25/2025 2/25/2025 0E-121ELECTRICAL POWER PLAN2/25/20252/25/20252/25/20250E-131FIRE ALARM PLAN2/25/20252/25/20252/25/20250E-141ELECTRICAL MECHANICAL POWER PLAN2/25/20252/25/20252/25/20250E-501ELECTRICAL RISER DIAGRAM2/25/20252/25/20252/25/20250E-502ELECTRICAL DETAILS2/25/20252/25/20252/25/20250E-503ELECTRICAL UTILITY DETAILS2/25/20252/25/20252/25/20250E-602ELECTRICAL SCHEDULES2/25/20252/25/20252/25/20250EDS-100ELECTRICAL DEMO SITE PLAN2/25/20252/25/20252/25/20250Fire ProtectionF-111FIRE PROTECTION PLAN2/25/20252/25/20252/25/20250General-COVER SHEET2/25/20252/25/20252/25/20250G-002LOCATION AND AREA MAPS2/25/20252/25/20252/25/20250G-104STORM SHELTER CODE ANALYSIS2/25/20252/25/20252/25/20250G-301SITE CODE ANALYSIS2/25/20252/25/20252/25/20250G-401OVERALL SITE - PHASE 1 & 22/25/20252/25/20252/25/20250G-402OVERALL SITE - PHASE 32/25/20252/25/20252/25/20250G-501UL ASSEMBLIES2/25/20252/25/20252/25/20250LandscapePage 6 of 9Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #5April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color L001LANDSCAPE / IRRIGATION GENERAL NOTES & SCHEDULES 2/25/2025 2/25/2025 2/25/2025 0L100LANDSCAPE SITE PLAN2/25/20252/25/20252/25/20250L500LANDSCAPE DETAILS2/25/20252/25/20252/25/20250L-X100TREE PRESERVATION PLAN2/25/20252/25/20252/25/20250MechanicalM-001MECHANICAL SYMBOLS, LEGENDS & ABBREVIATIONS 2/25/2025 2/25/2025 2/25/2025 0M-111MECHANICAL PLAN2/25/20252/25/20252/25/20250M-121MECHANICAL PLAN - ROOF2/25/20252/25/20252/25/20250M-501MECHANICAL DETAILS2/25/20252/25/20252/25/20250M-601MECHANICAL SCHEDULES2/25/20252/25/20252/25/20250M-602MECHANICAL SCHEDULES CONTINUED2/25/20252/25/20252/25/20250M-701MECHANICAL CONTROLS SCHEMATICS AND POINTS LIST 2/25/2025 2/25/2025 2/25/2025 0M-702MECHANICAL CONTROLS SEQUENCE OF OPERATIONS 2/25/2025 2/25/2025 2/25/2025 0MEP-101MEP SITE PLAN2/25/20252/25/20252/25/20250PlumbingP-001PLUMBING SYMBOLS, LEGENDS & ABBREVIATIONS 2/25/2025 2/25/2025 2/25/2025 0P-111PLUMBING PLAN OVERALL2/25/20252/25/20252/25/20250P-113PLUMBING PLAN SEWER & CONDENSATE2/25/20252/25/20252/25/20250P-121PLUMBING PLAN - ROOF2/25/20252/25/20252/25/20250P-501PLUMBING DETAILS2/25/20252/25/20252/25/20250P-901PLUMBING RISER DIAGRAMS2/25/20252/25/20252/25/20250StructuralS-101STRUCTURAL NOTES2/25/20252/25/20252/25/20250S-102STRUCTURAL NOTES2/25/20252/25/20252/25/20250S-103SYMBOLS & ABBREVIATIONS2/25/20252/25/20252/25/20250S-104SPECIAL INSPECTIONS2/25/20252/25/20252/25/20250S-105SPECIAL INSPECTIONS2/25/20252/25/20252/25/20250S-106 STORM SHELTER NOTES AND INSPECTIONS 2/25/2025 2/25/2025 2/25/2025 0S-107ROOF WIND LOADING PLAN2/25/20252/25/20252/25/20250S-111SITE PLAN2/25/20252/25/20252/25/20250S-201FOUNDATION PLAN2/25/20252/25/20252/25/20250S-203HIGH ROOF FRAMING PLAN2/25/20252/25/20252/25/20250S-210STORM SHELTER FOUNDATION & ROOF FRAMING PLANS 2/25/2025 2/25/2025 2/25/2025 0S-301TYPICAL CONCRETE DETAILS2/25/20252/25/20252/25/20250S-302TYPICAL CONCRETE DETAILS2/25/20252/25/20252/25/20250S-303TYPICAL CONCRETE DETAILS2/25/20252/25/20252/25/20250S-311CONCRETE SECTIONS & DETAILS2/25/20252/25/20252/25/20250S-312CONCRETE DETAILS AND SECTIONS2/25/20252/25/20252/25/20250S-401TYPICAL MASONRY SECTIONS & DETAILS2/25/20252/25/20252/25/20250S-402TYPICAL MASONRY SECTIONS & DETAILS2/25/20252/25/20252/25/20250S-410STORM SHELTER TYPICAL DETAILS2/25/20252/25/20252/25/20250S-411STORM SHELTER TYPICAL DETAILS2/25/20252/25/20252/25/20250S-413STORM SHELTER WALL ELEVATIONS2/25/20252/25/20252/25/20250S-421MASONRY WALL ELEVATIONS2/25/20252/25/20252/25/20250S-422MASONRY WALL ELEVATIONS2/25/20252/25/20252/25/20250S-501TYPICAL STEEL DETAILS2/25/20252/25/20252/25/20250S-502TYPICAL STEEL DETAILS2/25/20252/25/20252/25/20250S-503TYPICAL STEEL DETAILS2/25/20252/25/20252/25/20250S-511STEEL DETAILS & SECTIONS2/25/20252/25/20252/25/20250S-512STEEL DETAILS & SECTIONS2/25/20252/25/20252/25/20250Page 7 of 9Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #5April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color S-513STEEL DETAILS & SECTIONS2/25/20252/25/20252/25/20250S-555TRUSS PROFILES2/25/20252/25/20252/25/20250S-601BRACE DETAILS2/25/20252/25/20252/25/20250S-602BRACE ELEVATIONS2/25/20252/25/20252/25/20250SW.01SOLID WASTE PLAN2/25/20252/25/20252/25/20250TechnologyAV-001LEGEND AND NOTES - AUDIOVISUAL2/25/20252/25/20252/25/20250AV-002RISER DIAGRAM - AUDIOVISUAL2/25/20252/25/20252/25/20250AV-101OVERALL FLOOR PLAN - LEVEL 1 - AUDIOVISUAL 2/25/2025 2/25/2025 2/25/2025 0AV-151OVERALL REFLECTED CEILING PLAN - LEVEL 1 - AUDIOVISUAL 2/25/2025 2/25/2025 2/25/2025 0AV-301ONE-LINE DETAILS - AUDIOVISUAL2/25/20252/25/20252/25/20250AV-401GENERAL DETAILS - AUDIOVISUAL2/25/20252/25/20252/25/20250AV-402GENERAL DETAILS - AUDIOVISUAL2/25/20252/25/20252/25/20250SC-001LEGEND AND NOTES - SECURITY2/25/20252/25/20252/25/20250SC-101 OVERALL FLOOR PLAN - LEVEL 1 - SECURITY 2/25/2025 2/25/2025 2/25/2025 0SC-301DOOR DETAILS - SECURITY2/25/20252/25/20252/25/20250SC-401GENERAL DETAILS - SECURITY2/25/20252/25/20252/25/20250SC-402GENERAL DETAILS - SECURITY2/25/20252/25/20252/25/20250SCS-100SITE PLAN - SECURITY2/25/20252/25/20252/25/20250T-001 LEGEND AND NOTES - COMMUNICATIONS 2/25/2025 2/25/2025 2/25/2025 0T-101OVERALL FLOOR PLAN - LEVEL 1 - COMMUNICATIONS 2/25/2025 2/25/2025 2/25/2025 0T-102ROOF PLAN - COMMUNICATIONS2/25/20252/25/20252/25/20250T-301IT ROOM 108 - COMMUNICATIONS2/25/20252/25/20252/25/20250T-401GENERAL DETAILS - COMMUNICATIONS2/25/20252/25/20252/25/20250TS-100SITE PLAN - COMMUNICATIONS2/25/20252/25/20252/25/20250Addendums Description Drawing Date Stamp Date CORE Received Date Revision Color ArchitecturalA-151OVERALL REFLECTED CEILING PLAN - LEVEL 1 3/10/2025 3/10/2025 3/10/2025 1A-171ROOF PLAN3/10/20253/10/20253/10/20251A-801 OVERALL SIGNAGE FLOOR PLAN - LEVEL 1 3/10/2025 3/10/2025 3/10/2025 1ElectricalE-111ELECTRICAL LIGHTING PLAN3/10/20253/10/20253/10/20251E-601ELECTRICAL SCHEDULES3/10/20253/10/20253/10/20251GeneralG-001GENERAL REQUIREMENTS3/10/20253/10/20253/10/20251PlumbingP-112 PLUMBING PLAN DOMESTIC WATER & GAS 3/10/2025 3/10/2025 3/10/2025 1ArchitecutralA-221 ENLARGED PLANS & INTERIOR ELEVATIONS 3/20/2025 3/20/2025 3/20/2025 2A-222 ENLARGED PLANS & INTERIOR ELEVATIONS 3/20/2025 3/20/2025 3/20/2025 1A-223 ENLARGED PLANS & INTERIOR ELEVATIONS 3/20/2025 3/20/2025 3/20/2025 2A-513EXTERIOR DETAILS - SECTION DETAIL3/20/20253/20/20253/20/20251A-522EXTERIOR DETAILS - DOOR, WINDOW & LOUVER DETAILS 3/20/2025 3/20/2025 3/20/2025 2ADDENDUMSPage 8 of 9Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #5April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color A-551INTERIOR DETAILS - MILLWORK DETAILS3/20/20253/20/20253/20/20251A-561INTERIOR DETAILS - DOOR & WINDOW DETAILS 3/20/2025 3/20/2025 3/20/2025 1A-601DOOR, WINDOW & LOUVER SCHEDULES3/20/20253/20/20253/20/20251A-701INTERIOR LEGENDS & ABBREVIATIONS3/20/20253/20/20253/20/20251A-702FINISH PLAN3/20/20253/20/20253/20/20251AS-101ENLARGED SITE PLAN3/20/20253/20/20253/20/20251CivilC10.01OVERALL UTILITY PLAN3/20/20253/20/20253/20/20251C11.01OVERALL STORM SEWER PLAN3/20/20253/20/20253/20/20251C11.02STORM PROFILES3/20/20253/20/20253/20/20251C14.01PAVING PLAN3/20/20253/20/20253/20/20251C15.01SIGNING AND MARKING PLAN3/20/20253/20/20253/20/20251C17.01EROSION CONTROL PLAN3/20/20253/20/20253/20/20251C17.03EROSION CONTROL DETAILS3/20/20253/20/20253/20/20251C5.01EXISTING CONDITIONS AND DEMOLITION PLAN 3/20/2025 3/20/2025 3/20/2025 1C7.01OVERALL DIMENSION CONTROL PLAN3/20/20253/20/20253/20/20251C9.01GRADING PLAN3/20/20253/20/20253/20/20251GeneralG-101CODE SUMMARY FIRE EXITING AND SEPARATION 3/20/2025 3/20/2025 3/20/2025 1PlumbingP-601PLUMBING SCHEDULES3/20/20253/20/20253/20/20251StructuralS-112ENLARGED SITE FOUNDATION PLANS3/20/20253/20/20253/20/20251S-113SITE FOUNDATION DETAILS3/20/20253/20/20253/20/20251S-202LOW ROOF FRAMING PLAN3/20/20253/20/20253/20/20251S-504TYPICAL LIGHT GAUGE TRUSS DETAILS3/20/20253/20/20253/20/20251Page 9 of 9Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
Fire Station #6 – Enumeration of DocumentsDocusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #6April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color Division 00Procurement and Contracting 00 01 10 - FS 6TABLE OF CONTENTS2/25/20252/25/20252/25/2025000 31 32 - FS 6GEOTECHNICAL DATA2/25/20252/25/20252/25/2025000 73 43 - FS 6PREVAILING WAGE RATES2/25/20252/25/20252/25/20250Division 01General Requirements01 11 00 - FS 6SUMMARY OF WORK2/25/20252/25/20252/25/2025001 16 00 - FS 6PRODUCT REQUIREMENTS2/25/20252/25/20252/25/2025001 21 00 - FS 6ALLOWANCES2/25/20252/25/20252/25/2025001 23 00 - FS 6ALTERNATES2/25/20252/25/20252/25/2025001 25 00 - FS 6SUBSTITUTION PROCEDURES2/25/20252/25/20252/25/2025001 29 00 - FS 6PAYMENT PROCEDURES2/25/20252/25/20252/25/2025001 29 76 - FS 6STORED MATERIALS AND EQUIPMENT 2/25/20252/25/20252/25/2025001 31 00 - FS 6PROJECT MANAGEMENT AND 2/25/20252/25/20252/25/2025001 31 06 - FS 6COORDINATION DRAWINGS2/25/20252/25/20252/25/2025001 31 19 - FS 6PRECONSTRUCTION MEETING2/25/20252/25/20252/25/2025001 31 20 - FS 6PROJECT MEETINGS2/25/20252/25/20252/25/2025001 32 16 - FS 6CONSTRUCTION PROGRESS SCHEDULE2/25/20252/25/20252/25/2025001 32 33 - FS 6PRECONSTRUCTION VIDEO2/25/20252/25/20252/25/2025001 33 00 - FS 6SUBMITTALS2/25/20252/25/20252/25/2025001 35 13 - FS 6SPECIAL PROJECT PROCEDURES2/25/20252/25/20252/25/2025001 45 23 - FS 6TESTING AND INSPECTION SERVICES2/25/20252/25/20252/25/2025001 50 00 - FS 6TEMPORARY FACILITIES AND CONTROLS2/25/20252/25/20252/25/2025001 55 13 - FS 6STABILIZED CONSTRUCTION EXIT2/25/20252/25/20252/25/2025001 55 26 - FS 6TRAFFIC CONTROL2/25/20252/25/20252/25/2025001 57 00 - FS 6SOURCE CONTROL2/25/20252/25/20252/25/2025001 57 10 - FS 6TPDES REQUIREMENTS2/25/20252/25/20252/25/2025001 57 13 - FS 6STORM WATER POLLUTION PREVENTION2/25/20252/25/20252/25/2025001 57 16 - FS 6FILTER FABRIC FENCE2/25/20252/25/20252/25/2025001 57 19 - FS 6CONTROL OF GROUND & SURFACE WATER2/25/20252/25/20252/25/2025001 57 23 - FS 6TEMPORARY STORM WATER POLLUTION 2/25/20252/25/20252/25/2025001 58 13 - FS 6TEMPORARY PROJECT SIGNAGE2/25/20252/25/20252/25/2025001 60 00 - FS 6MATERIALS AND EQUIPMENT2/25/20252/25/20252/25/2025001 66 00 - FS 6PRODUCT STORAGE AND HANDLING 2/25/20252/25/20252/25/2025001 70 00 - FS 6MOBILIZATION AND REMOBILIZATION2/25/20252/25/20252/25/2025001 71 23 - FS 6CONSTRUCTION STAKING AND SURVEY2/25/20252/25/20252/25/2025001 73 29 - FS 6CUTTING AND PATCHING2/25/20252/25/20252/25/2025001 74 19 - FS 6CONSTRUCTION WASTE MANAGEMENT 2/25/20252/25/20252/25/2025001 74 23 - FS 6CLEANING2/25/20252/25/20252/25/2025001 77 19 - FS 6CLOSEOUT REQUIREMENTS2/25/20252/25/20252/25/2025001 78 23 - FS 5OPERATION AND MAINTENANCE DATA2/25/20252/25/20252/25/2025101 78 39 - FS 6PROJECT RECORDS DOCUMENTS2/25/20252/25/20252/25/2025001 91 13 - FS 6GENERAL COMMISSIONING REQUIREMENTS2/25/20252/25/20252/25/20250Division 02Existing Conditions/Site02 41 13.10 - FS 6REMOVING EXISTING PAVEMENTS, 2/25/20252/25/20252/25/2025002 41 16 - FS 6BUILDING DEMOLITION2/25/20252/25/20252/25/2025002 41 19 - FS 6SELECTIVE DEMOLITION2/25/20252/25/20252/25/20250Division 03Concrete03 30 00 - FS 6CAST-IN-PLACE CONCRETE2/25/20252/25/20252/25/2025003 35 00 - FS 6CONCRETE FLOOR FINISHING2/25/20252/25/20252/25/2025003 66 00 - FS 6POLISHED CONCRETE2/25/20252/25/20252/25/20250Division 04Masonry04 20 00 - FS 6STRUCTURAL CONCRETE UNIT MASONRY2/25/20252/25/20252/25/2025004 21 00 - FS 6UNIT MASONRY2/25/20252/25/20252/25/2025004 72 00 - FS 6CAST STONE MASONRY2/25/20252/25/20252/25/20250Division 05Metals05 12 00 - FS 6STRUCTURAL STEEL2/25/20252/25/20252/25/2025005 12 13 - FS 6ARCHITECTURALLY EXPOSED STRUCTURAL 2/25/20252/25/20252/25/2025005 21 00 - FS 6STEEL JOISTS & JOIST GIRDERS2/25/20252/25/20252/25/2025005 31 00 - FS 6STEEL DECK2/25/20252/25/20252/25/2025005 40 00 - FS 6COLD-FORMED METAL FRAMING2/25/20252/25/20252/25/2025005 50 00 - FS 6METAL FABRICATIONS2/25/20252/25/20252/25/2025005 51 33 - FS 6METAL WALL LADDER3/11/20253/11/20253/11/20251Division 06Wood, Plastics, and Composites PROJECT MANUALPage 1 of 8Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #6April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color 06 10 00 - FS 6ROUGH CARPENTRY2/25/20252/25/20252/25/2025006 16 00 - FS 6SHEATHING2/25/20252/25/20252/25/2025006 41 16 - FS 6PLASTIC-LAMINATE-CLAD ARCHITECTURAL 2/25/20252/25/20252/25/20250Division 07Thermal and Moisture Protection07 11 13 - FS 6BITUMINOUS DAMPPROOFING2/25/20252/25/20252/25/2025007 18 20 - FS 6PENETRATION FLOOR SEALER2/25/20252/25/20252/25/2025007 21 00 - FS 6THERMAL INSULATION2/25/20252/25/20252/25/2025007 25 00 - FS 6WEATHER BARRIER2/25/20252/25/20252/25/2025007 26 00 - FS 6UNDER-SLAB VAPOR BARRIER2/25/20252/25/20252/25/2025007 27 27 - FS 6FLUID-APPLIED MEMBRANE AIR & 2/25/20252/25/20252/25/2025007 41 13 - FS 6METAL ROOF PANELS2/25/20252/25/20252/25/2025007 42 13 - FS 6PREFORMED METAL WALL PANELS2/25/20252/25/20252/25/2025007 42 93 - FS 6SOFFIT PANELS2/25/20252/25/20252/25/2025007 51 00 - FS 6BUILT-UP ASPHALT ROOFING2/25/20252/25/20252/25/2025007 52 16 - FS 6MODIFIED BITUMINOUS MEMBRANE 2/25/20252/25/20252/25/2025007 62 00 - FS 6SHEET METAL FLASHING AND TRIM2/25/20252/25/20252/25/2025007 71 23 - FS 6MANUFACTURED GUTTERS AND 2/25/20252/25/20252/25/2025007 84 13 - FS 6FIRESTOPPING2/25/20252/25/20252/25/2025007 92 00 - FS 6JOINT SEALERS2/25/20252/25/20252/25/20250Division 08Openings08 11 13 - FS 6HOLLOW METAL DOORS AND FRAMES2/25/20252/25/20252/25/2025008 12 10 - FS 6INTERIOR ALUMINUM DOORS, DOOR 2/25/20252/25/20252/25/2025008 14 23 - FS 6PLASTIC-LAMINATE-FACED WOOD DOORS2/25/20252/25/20252/25/2025008 30 00 - FS 6SPECIALTY STEEL DOORS AND FRAMES2/25/20252/25/20252/25/2025008 31 13 - FS 6ACCESS DOORS2/25/20252/25/20252/25/2025008 33 00 - FS 6ROLLING GRILLES2/25/20252/25/20252/25/2025008 33 23 - FS 6OVERHEAD COILING DOORS2/25/20252/25/20252/25/2025008 35 13 - FS 6FOUR FOLD DOORS2/25/20252/25/20252/25/2025008 36 00 - FS 6SECTIONAL OVERHEAD DOORS2/25/20252/25/20252/25/2025008 41 13 - FS 6ALUMINUM-FRAMED ENTRANCES AND 2/25/20252/25/20252/25/2025008 51 13 - FS 6VERTICAL HUNG ALUMINUM WINDOWS3/20/20253/20/20253/20/2025008 71 00 - FS 6DOOR HARDWARE2/25/20252/25/20252/25/2025008 71 01 - FS 6SLIDING BARN DOORS2/25/20252/25/20252/25/2025008 80 00 - FS 6GLAZED SYSTEMS2/25/20252/25/20252/25/2025008 91 00 - FS 6METAL LOUVERS2/25/20252/25/20252/25/20250Division 09Finishes09 22 16 - FS 6NON-STRUCTURAL METAL FRAMING2/25/20252/25/20252/25/2025009 29 00 - FS 6GYPSUM BOARD2/25/20252/25/20252/25/2025009 30 13 - FS 6CERAMIC TILING2/25/20252/25/20252/25/2025009 51 23 - FS 6ACOUSTICAL TILE CEILINGS2/25/20252/25/20252/25/2025009 65 13 - FS 6RESILIENT BASE AND ACCESSORIES2/25/20252/25/20252/25/2025009 65 66 - FS 6RESILIENT ATHLETIC FLOORING2/25/20252/25/20252/25/2025009 68 13 - FS 6TILE CARPETING2/25/20252/25/20252/25/2025009 72 00 - FS 6WALL COVERINGS2/25/20252/25/20252/25/2025009 91 00 - FS 6EXTERIOR PAINTING2/25/20252/25/20252/25/2025009 91 23 - FS 6INTERIOR PAINTING2/25/20252/25/20252/25/2025009 96 00 - FS 6HIGH-PERFORMANCE COATINGS2/25/20252/25/20252/25/20250Division 10Specialties10 11 00 - FS 6MARKERBOARDS2/25/20252/25/20252/25/2025010 14 00 - FS 6SIGNAGE AND GRAPHICS2/25/20252/25/20252/25/2025010 14 19 - FS 6DIMENSIONAL LETTER SIGNAGE2/25/20252/25/20252/25/2025010 26 00 - FS 6WALL AND DOOR PROTECTION2/25/20252/25/20252/25/2025010 28 13 - FS 6TOILET ACCESSORIES3/20/20253/20/20253/20/2025110 44 00 - FS 6FIRE EXTINGUISHERS AND CABINETS2/25/20252/25/20252/25/2025010 50 30 - FS 6TURNOUT GEAR LOCKERS WALL MOUNTED2/25/20252/25/20252/25/2025010 73 16 - FS 6ALUMINUM CANOPIES2/25/20252/25/20252/25/2025010 75 00 - FS 6FLAGPOLES2/25/20252/25/20252/25/20250Division 11Equipment11 23 00 - FS 6COMMERCIAL LAUNDRY EQUIPMENT2/25/20252/25/20252/25/2025011 30 00 - FS 6RESIDENTIAL APPLIANCES2/25/20252/25/20252/25/20250Division 12Furnishings12 36 16 - FS 6METAL COUNTERTOPS2/25/20252/25/20252/25/2025012 36 19 - FS 6WOOD COUNTERTOPS2/25/20252/25/20252/25/2025012 36 61.16 - FS 6SOLID SURFACING COUNTERTOPS2/25/20252/25/20252/25/20250Page 2 of 8Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #6April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color 12 36 61.19 - FS 6QUARTZ AGGLOMERATE COUNTERTOPS2/25/20252/25/20252/25/2025012 49 20 - FS 6MANUAL OPERATED ROLLER SHADE2/25/20252/25/20252/25/20250Division 21Fire Suppression21 05 00 - FS 6COMMON WORK RESULTS FOR FIRE 2/25/20252/25/20252/25/2025021 13 13 - FS 6WET-PIPE SPRINKLER SYSTEMS2/25/20252/25/20252/25/2025021 13 16 - FS 6DRY-PIPE SPRINKLER SYSTEMS2/25/20252/25/20252/25/20250Division 22Plumbing22 05 29 - FS 6HANGERS AND SUPPORTS FOR PLUMBING 2/25/20252/25/20252/25/2025022 07 00 - FS 6PLUMBING INSULATION2/25/20252/25/20252/25/2025022 11 00 - FS 6FACILITY WATER DISTRIBUTION2/25/20252/25/20252/25/2025022 13 00 - FS 6FACILITY SANITARY SEWERAGE2/25/20252/25/20252/25/2025022 15 13 - FS 6GENERAL SERVICE COMPRESSED-AIR PIPING2/25/20252/25/20252/25/2025022 34 00 - FS 6FUEL-FIRED DOMESTIC WATER HEATERS2/25/20252/25/20252/25/2025022 40 00 - FS 6PLUMBING FIXTURES2/25/20252/25/20252/25/20250Division 23Heating, Ventilating, and Air 23 05 00 - FS 6GENERAL MECHANICAL REQUIREMENTS2/25/20252/25/20252/25/2025023 05 00.20 - FS 6BASIC MECHANICAL MATERIALS AND 2/25/20252/25/20252/25/2025023 05 29 - FS 6HANGERS AND SUPPORTS FOR HVAC 2/25/20252/25/20252/25/2025023 05 53 - FS 6IDENTIFICATION FOR HVAC PIPING AND 2/25/20252/25/20252/25/2025023 05 93 - FS 6TESTING, ADJUSTING, AND BALANCING 2/25/20252/25/20252/25/2025023 07 00 - FS 6HVAC INSULATION2/25/20252/25/20252/25/2025023 09 23 - FS 6DIRECT DIGITAL CONTROL FOR HVAC2/25/20252/25/20252/25/2025023 11 23 - FS 6FACILITY NATURAL-GAS PIPING2/25/20252/25/20252/25/2025023 23 00 - FS 6REFRIGERANT PIPING2/25/20252/25/20252/25/2025023 31 00 - FS 6HVAC DUCTS AND CASINGS2/25/20252/25/20252/25/2025023 33 00 - FS 6AIR DUCT ACCESSORIES2/25/20252/25/20252/25/2025023 34 00 - FS 6HVAC FANS2/25/20252/25/20252/25/2025023 36 00 - FS 6AIR TERMINAL UNITS2/25/20252/25/20252/25/2025023 37 00 - FS 6AIR OUTLETS AND INLETS2/25/20252/25/20252/25/2025023 55 00 - FS 6FUEL-FIRED HEATERS2/25/20252/25/20252/25/2025023 74 16.11 - FS 6PACKAGED, SMALL-CAPACITY, ROOFTOP 2/25/20252/25/20252/25/2025023 81 26.10 - FS 6DUCTLESS-SPLIT SYSTEM AIR 2/25/20252/25/20252/25/2025023 82 00 - FS 6CONVECTION HEATING AND COOLING 2/25/20252/25/20252/25/20250Division 26Electrical26 05 00 - FS 6BASIC ELECTRICAL METHODS2/25/20252/25/20252/25/2025026 05 13 - FS 6BUILDING WIRE AND CABLE2/25/20252/25/20252/25/2025026 05 19 - fs 6EQUIPMENT WIRING SYSTEMS2/25/20252/25/20252/25/2025026 05 26 - FS 6GROUNDING AND BONDING2/25/20252/25/20252/25/2025026 05 29 - FS 6SUPPORTING DEVICES2/25/20252/25/20252/25/2025026 05 33 - FS 6CONDUIT2/25/20252/25/20252/25/2025026 05 33.16 - FS 6BOXES2/25/20252/25/20252/25/2025026 05 53 - FS 6ELECTRICAL INDENTIFICATION2/25/20252/25/20252/25/2025026 05 73 - FS 6POWER SYSTEM STUDIES2/25/20252/25/20252/25/2025026 09 24 - FS 6LIGHTING CONTROLS2/25/20252/25/20252/25/2025026 18 39 - FS 6ENCLOSED MOTOR CONTROLLERS2/25/20252/25/20252/25/2025026 24 16 - FS 6PANELBOARDS2/25/20252/25/20252/25/2025026 27 26 - FS 6WIRING DEVICES2/25/20252/25/20252/25/2025026 28 16 - FS 6ENCLOSED SWITCHES2/25/20252/25/20252/25/2025026 32 13 - FS 6ENGINE GENERATORS2/25/20252/25/20252/25/2025026 36 13 - FS 6ENCLOSED TRANSFER SWITCHES2/25/20252/25/20252/25/2025026 51 00 - FS 6INTERIOR LIGHTING2/25/20252/25/20252/25/20250Division 27Communications27 00 00 - FS 6COMMUNICATIONS2/25/20252/25/20252/25/2025027 05 26 - FS 6GROUNDING AND BONDING FOR 2/25/20252/25/20252/25/2025027 05 28 - FS 6PATHWAYS FOR COMMUNICATIONS 2/25/20252/25/20252/25/2025027 05 43 - FS 6UNDERGROUNDERGROUND DUCTS AND 2/25/20252/25/20252/25/2025027 11 00 - FS 6COMMUNICATIONS ROOM FITTINGS2/25/20252/25/20252/25/2025027 15 00 - FS 6COMMUNICATIONS HORIZONTAL CABLING2/25/20252/25/20252/25/2025027 41 13 - FS 6AUDIOVIDUAL INFRASTRUCTURE2/25/20252/25/20252/25/2025027 41 16 - FS 6AUDIOVISUAL SYSTEMS2/25/20252/25/20252/25/20250Division 28Electronic Safety and Security28 05 00 - FS 6COMMON WORK FOR ELECTRONIC 2/25/20252/25/20252/25/2025028 08 00 - FS 6COMMISSIONING OF ELECTRONIC 2/25/20252/25/20252/25/2025028 10 00 - FS 6ACCESS CONTROL SYSTEM2/25/20252/25/20252/25/20250Page 3 of 8Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #6April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color 28 20 00 - FS 6VIDEO SURVEILLANCE SYSTEM2/25/20252/25/20252/25/2025028 26 00 - FS 6INTERCOMMUNICATIONS2/25/20252/25/20252/25/2025028 31 00 - FS 6FIRE ALARM SYSTEMS2/25/20252/25/20252/25/20250Division 31Earthwork31 23 00 - FS 6EXCAVATION AND EMBANKMENT2/25/20252/25/20252/25/2025031 23 23.53 - FS 6CEMENT STABILIZED SAND BACKFILL2/25/20252/25/20252/25/2025031 23 33 - FS 6EXCAVATING, TRENCHING, AND 2/25/20252/25/20252/25/2025031 31 16 - FS 6TERMITE CONTROL2/25/20252/25/20252/25/2025031 63 29 - FS 6DRILLED PIERS2/25/20252/25/20252/25/20250Division 32Exterior Improvements32 11 16 - FS 6SUBGRADE PREPARATION AND 2/25/20252/25/20252/25/2025032 11 29 - FS 6LIME STABILIZATION2/25/20252/25/20252/25/2025032 11 29.02 - FS 6ROLLING2/25/20252/25/20252/25/2025032 13 00 - FS 6SITE CONCRETE2/25/20252/25/20252/25/2025032 13 13 - FS 6CONCRETE PAVEMENT2/25/20252/25/20252/25/2025032 16 13 - FS 6CONCRETE CURB AND GUTTER2/25/20252/25/20252/25/2025032 16 13.01 - FS 6CONCRETE SIDEWALK2/25/20252/25/20252/25/2025032 17 23 - FS 6PAVEMENT MARKINGS2/25/20252/25/20252/25/2025032 31 11 - FS 6GATE OPERATORS2/25/20252/25/20252/25/2025032 31 19 - FS 6ORNAMENTAL FENCES AND GATES2/25/20252/25/20252/25/2025032 31 21 - FS 6ALUMINUM LOUVER FENCES AND GATES2/25/20252/25/20252/25/2025032 84 00 - FS 6PLANTING IRRIGATION2/25/20252/25/20252/25/2025032 91 15 - FS 6SOIL PREPARATION2/25/20252/25/20252/25/2025032 92 00 - FS 6TURF AND GRASSES2/25/20252/25/20252/25/2025032 93 00 - FS 6PLANTS2/25/20252/25/20252/25/20250Division 33Utilities33 11 00 - FS 6WATER UTILITY DISTRIBUTION2/25/20252/25/20252/25/2025033 31 00 - FS 6SANITARY UTILITY SEWERAGE2/25/20252/25/20252/25/2025033 41 00 - FS 6STORM UTILITY DRAINAGE PIPING2/25/20252/25/20252/25/20250Specification/ Drawing Description Drawing Date Stamp Date CORE Received Date Revision Color ArchitecturalA-111OVERALL EQUIPMENT FLOOR PLAN - LEVEL 1 2/25/2025 2/25/2025 2/25/2025 0A-141OVERALL PARTITION TYPE FLOOR PLAN - LEVEL 1 2/25/2025 2/25/2025 2/25/2025 0A-201EXTERIOR ELEVATIONS2/25/20252/25/20252/25/20250A-202EXTERIOR ELEVATIONS2/25/20252/25/20252/25/20250A-211ENLARGED EXTERIOR ELEVATIONS2/25/20252/25/20252/25/20250A-301BUILDING SECTIONS2/25/20252/25/20252/25/20250A-302BUILDING SECTIONS2/25/20252/25/20252/25/20250A-303BUILDING SECTIONS2/25/20252/25/20252/25/20250A-311WALL SECTIONS2/25/20252/25/20252/25/20250A-312WALL SECTIONS2/25/20252/25/20252/25/20250A-313WALL SECTIONS2/25/20252/25/20252/25/20250A-314WALL SECTIONS2/25/20252/25/20252/25/20250A-315WALL SECTIONS2/25/20252/25/20252/25/20250A-316WALL SECTIONS2/25/20252/25/20252/25/20250A-501EXTERIOR DETAILS - PLAN DETAILS2/25/20252/25/20252/25/20250A-512EXTERIOR DETAILS - SECTION DETAILS2/25/20252/25/20252/25/20250A-513EXTERIOR DETAILS - SECTION DETAILS2/25/20252/25/20252/25/20250A-522EXTERIOR DETAILS - DOOR, WINDOW & LOUVER DETAILS 2/25/2025 2/25/2025 2/25/2025 0A-701INTERIOR LEGENDS & ABBREVIATIONS2/25/20252/25/20252/25/20250A-9023D REPRESENTATIONS AND ISOMETRICS2/25/20252/25/20252/25/20250A-910CLEAN FLOOR PLAN LEVEL 12/25/20252/25/20252/25/20250AS-101ENLARGED SITE PLAN2/25/20252/25/20252/25/20250AS-201SITE DETAILS2/25/20252/25/20252/25/20250CivilDRAWINGSPage 4 of 8Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #6April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color C11.01OVERALL STORM SEWER PLAN2/25/20252/25/20252/25/20250C14.01OVERALL PAVING PLAN2/25/20252/25/20252/25/20250C16.01TRAFFIC CONTROL PLAN2/25/20252/25/20252/25/20250C17.02EROSION CONTROL DETAILS2/25/20252/25/20252/25/20250C18.01STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.02STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.03STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.04STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.05STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.06STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.07STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.08STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.09STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.10STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.11STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.13STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.14STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.15STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.16STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.17STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C18.18STANDARD DETAILS (CITY OF DENTON)2/25/20252/25/20252/25/20250C2.01GENERAL NOTES2/25/20252/25/20252/25/20250C3.01SUMMARY OF QUANTITIES2/25/20252/25/20252/25/20250C4.01FINAL PLAT2/25/20252/25/20252/25/20250C4.02FINAL PLAT2/25/20252/25/20252/25/20250C5.01EXISTING CONDITIONS AND DEMOLITION PLAN 2/25/2025 2/25/2025 2/25/2025 0C8.01EXISTING DRAINAGE AREA MAP2/25/20252/25/20252/25/20250C9.02GRADING PLAN2/25/20252/25/20252/25/20250SW.01SOLID WASTE PLAN2/25/20252/25/20252/25/20250ElectricalE-001ELECTRICAL SYMBOLS, LEGENDS & ABBREVIATIONS 2/25/2025 2/25/2025 2/25/2025 0E-121ELECTRICAL POWER PLAN2/25/20252/25/20252/25/20250E-131FIRE ALARM PLAN2/25/20252/25/20252/25/20250E-141MECHANICAL POWER PLAN2/25/20252/25/20252/25/20250E-502ELECTRICAL DETAILS2/25/20252/25/20252/25/20250E-503ELECTRICAL UTILITY DETAILS2/25/20252/25/20252/25/20250E-602ELECTRICAL SCHEDULES2/25/20252/25/20252/25/20250Fire ProtectionF-111FIRE PROTECTION PLAN2/25/20252/25/20252/25/20250General-COVER SHEET2/25/20252/25/20252/25/20250G-002LOCATION AND AREA MAPS2/25/20252/25/20252/25/20250G-104STORM SHELTER CODE ANALYSIS2/25/20252/25/20252/25/20250G-301SITE CODE ANALYSIS2/25/20252/25/20252/25/20250G-501UL ASSEMBLIES2/25/20252/25/20252/25/20250LandscapeL100LANDSCAPE SITE PLAN2/25/20252/25/20252/25/20250L500LANDSCAPE DETAILS2/25/20252/25/20252/25/20250LT 1.00TREE PRESERVATION PLAN2/25/20252/25/20252/25/20250LT 1.01TREE PRESERVATION TABLE2/25/20252/25/20252/25/20250MechanicalM-001MECHANICAL SYMBOLS, LEGENDS & ABBREVIATIONS 2/25/2025 2/25/2025 2/25/2025 0M-111MECHANICAL PLAN2/25/20252/25/20252/25/20250M-121MECHANICAL PLAN - ROOF2/25/20252/25/20252/25/20250Page 5 of 8Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #6April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color M-501MECHANICAL DETAILS2/25/20252/25/20252/25/20250M-601MECHANICAL SCHEDULES2/25/20252/25/20252/25/20250M-602MECHANICAL SCHEDULES CONTINUED2/25/20252/25/20252/25/20250M-701MECHANICAL CONTROLS SCHEMATICS AND POINTS LIST 2/25/2025 2/25/2025 2/25/2025 0M-702MECHANICAL CONTROLS SEQUENCE OF OPERATIONS 2/25/2025 2/25/2025 2/25/2025 0PlumbingP-001PLUMBING SYMBOLS, LEGENDS & ABBREVIATIONS 2/25/2025 2/25/2025 2/25/2025 0P-111PLUMBING PLAN OVERALL2/25/20252/25/20252/25/20250P-113PLUMBING PLAN SEWER & CONDENSATE2/25/20252/25/20252/25/20250P-121PLUMBING PLAN - ROOF2/25/20252/25/20252/25/20250P-501PLUMBING DETAILS2/25/20252/25/20252/25/20250P-901PLUMBING RISER DIAGRAMS2/25/20252/25/20252/25/20250StructuralS-101STRUCTURAL NOTES2/25/20252/25/20252/25/20250S-102STRUCTURAL NOTES2/25/20252/25/20252/25/20250S-103SYMBOLS & ABBREVIATIONS2/25/20252/25/20252/25/20250S-104SPECIAL INSPECTIONS2/25/20252/25/20252/25/20250S-105SPECIAL INSPECTIONS2/25/20252/25/20252/25/20250S-106 STORM SHELTER NOTES AND INPSECTIONS 2/25/2025 2/25/2025 2/25/2025 0S-111SITE PLAN2/25/20252/25/20252/25/20250S-201FOUNDATION PLAN2/25/20252/25/20252/25/20250S-211STORM SHELTER FOUNDATION & ROOF FRAMING 2/25/2025 2/25/2025 2/25/2025 0S-301TYPICAL CONCRETE DETAILS2/25/20252/25/20252/25/20250S-302TYPICAL CONCRETE DETAILS2/25/20252/25/20252/25/20250S-303TYPICAL CONCRETE DETAILS2/25/20252/25/20252/25/20250S-304TYPICAL CONCRETE DETAILS2/25/20252/25/20252/25/20250S-311CONCRETE SECTIONS & DETAILS2/25/20252/25/20252/25/20250S-312CONCRETE DETAILS AND SECTIONS2/25/20252/25/20252/25/20250S-401TYPICAL MASONRY SECTIONS & DETAILS2/25/20252/25/20252/25/20250S-402TYPICAL MASONRY SECTIONS & DETAILS2/25/20252/25/20252/25/20250S-411STORM SHELTER TYPICAL DETAILS2/25/20252/25/20252/25/20250S-412STORM SHELTER TYPICAL DETAILS2/25/20252/25/20252/25/20250S-413STORM SHELTER WALL ELEVATIONS2/25/20252/25/20252/25/20250S-421MASONRY WALL ELEVATIONS2/25/20252/25/20252/25/20250S-422MASONRY WALL ELEVATIONS2/25/20252/25/20252/25/20250S-501TYPICAL STEEL DETAILS2/25/20252/25/20252/25/20250S-502TYPICAL STEEL DETAILS2/25/20252/25/20252/25/20250S-503TYPICAL STEEL DETAILS2/25/20252/25/20252/25/20250S-504TYPICAL STEEL DETAILS2/25/20252/25/20252/25/20250S-511STEEL SECTIONS & DETAILS2/25/20252/25/20252/25/20250S-512STEEL SECTIONS & DETAILS2/25/20252/25/20252/25/20250S-601BRACE ELEVATIONS2/25/20252/25/20252/25/20250S-602BRACING SECTIONS & DETAILS2/25/20252/25/20252/25/20250TechnologyAV-001LEGEND AND NOTES - AUDIOVISUAL2/25/20252/25/20252/25/20250AV-002RISER DIAGRAM - AUDIOVISUAL2/25/20252/25/20252/25/20250AV-101OVERALL FLOOR PLAN - LEVEL 1 - AUDIOVISUAL 2/25/2025 2/25/2025 2/25/2025 0AV-151OVERALL REFLECTED CEILING PLAN - LEVEL 1 - AUDIOVISUAL 2/25/2025 2/25/2025 2/25/2025 0AV-301ONE-LINE DETAILS - AUDIOVISUAL2/25/20252/25/20252/25/20250AV-401GENERAL DETAILS - AUDIOVISUAL2/25/20252/25/20252/25/20250Page 6 of 8Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #6April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color AV-402GENERAL DETAILS - AUDIOVISUAL2/25/20252/25/20252/25/20250SC-001LEGEND AND NOTES - SECURITY2/25/20252/25/20252/25/20250SC-101 OVERALL FLOOR PLAN - LEVEL 1 - SECURITY 2/25/2025 2/25/2025 2/25/2025 0SC-301DOOR DETAILS - SECURITY2/25/20252/25/20252/25/20250SC-401GENERAL DETAILS - SECURITY2/25/20252/25/20252/25/20250SC-402GENERAL DETAILS - SECURITY2/25/20252/25/20252/25/20250SCS-100SITE PLAN - SECURITY2/25/20252/25/20252/25/20250T-001 LEGEND AND NOTES - COMMUNICATIONS 2/25/2025 2/25/2025 2/25/2025 0T-101OVERALL FLOOR PLAN - LEVEL 1 - COMMUNICATIONS 2/25/2025 2/25/2025 2/25/2025 0T-102ROOF PLAN - COMMUNICATIONS2/25/20252/25/20252/25/20250T-301IT ROOM 108 - COMMUNICATIONS2/25/20252/25/20252/25/20250T-401GENERAL DETAILS - COMMUNICATIONS2/25/20252/25/20252/25/20250TS-100SITE PLAN - COMMUNICATIONS2/25/20252/25/20252/25/20250Addendums Description Drawing Date Stamp Date CORE Received Date Revision Color ArchitecturalA-131OVERALL DIMENSION FLOOR PLAN - LEVEL 1 3/10/2025 3/10/2025 3/10/2025 1A-151OVERALL REFLECTED CEILING PLAN - LEVEL 1 3/10/2025 3/10/2025 3/10/2025 1A-521EXTERIOR DETAILS - WINDOW & LOUVER DETAILS 3/10/2025 3/10/2025 3/10/2025 1A-801 OVERALL SIGNAGE FLOOR PLAN - LEVEL 1 3/10/2025 3/10/2025 3/10/2025 1ElectricalE-111ELECTRICAL LIGHTING PLAN3/10/20253/10/20253/10/20251E-601ELECTRICAL SCHEDULES3/10/20253/10/20253/10/20251GeneralG-001GENERAL REQUIREMENTS3/10/20253/10/20253/10/20251ArchitecturalA-101OVERALL FLOOR PLAN - LEVEL 13/20/20253/20/20253/20/20251A-171ROOF PLAN3/20/20253/20/20253/20/20252A-221 ENLARGED PLANS & INTERIOR ELEVATIONS 3/20/2025 3/20/2025 3/20/2025 2A-222 ENLARGED PLANS & INTERIOR ELEVATIONS 3/20/2025 3/20/2025 3/20/2025 2A-223 ENLARGED PLANS & INTERIOR ELEVATIONS 3/20/2025 3/20/2025 3/20/2025 2A-511EXTERIOR DETAILS - SECTION DETAILS3/20/20253/20/20253/20/20251A-551INTERIOR DETAILS - MILLWORK DETAILS3/20/20253/20/20253/20/20251A-561INTERIOR DETAILS - DOOR & WINDOW DETAILS 3/20/2025 3/20/2025 3/20/2025 1A-601DOOR, WINDOW & LOUVER SCHEDULES3/20/20253/20/20253/20/20251A-702FINISH PLAN3/20/20253/20/20253/20/20251AS-100OVERALL SITE PLAN3/20/20253/20/20253/20/20251CivilC1.01CIVIL COVER SHEET3/20/20253/20/20253/20/20251C10.01OVERALL UTILITY PLAN3/20/20253/20/20253/20/20251C11.02STORM PROFILES3/20/20253/20/20253/20/20251C11.03STORM PROFILES3/20/20253/20/20253/20/20251C11.50STORM DETAILS3/20/20253/20/20253/20/20250C11.60STORM CALCULATIONS3/20/20253/20/20253/20/20251C15.01SIGNING AND MARKING PLAN3/20/20253/20/20253/20/20250ADDENDUMSPage 7 of 8Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton Fire Station #6April 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color C15.50SIGNING AND MARKING DETAILS3/20/20253/20/20253/20/20250C17.01EROSION CONTROL PLAN3/20/20253/20/20253/20/20251C17.03EROSION CONTROL DETAILS3/20/20253/20/20253/20/20251C18.12STANDARD DETAILS (CITY OF DENTON)3/20/20253/20/20253/20/20251C6.01ZONING COMPLIANCE PLAN3/20/20253/20/20253/20/20251C7.01OVERALL DIMENSION CONTROL PLAN3/20/20253/20/20253/20/20251C8.02PROPOSED DRAINAGE AREA MAP3/20/20253/20/20253/20/20251C9.01GRADING PLAN3/20/20253/20/20253/20/20251ElectricalE-501ELECTRICAL RISER DIAGRAM3/20/20253/20/20253/20/20251GeneralG-101CODE SUMMARY FIRE EXITING AND SEPARATION 3/20/2025 3/20/2025 3/20/2025 1MechanicalMEP-101MEP SITE PLAN3/20/20253/20/20253/20/20251PlumbingP-112 PLUMBING PLAN DOMESTIC WATER & GAS 3/20/2025 3/20/2025 3/20/2025 2P-601PLUMBING SCHEDULES3/20/20253/20/20253/20/20251StructuralS-112ENLARGED SITE FOUNDATION PLANS3/20/20253/20/20253/20/20251S-113SITE FOUNDATION DETAILS3/20/20253/20/20253/20/20251S-202LOW ROOF FRAMING PLAN3/20/20253/20/20253/20/20251S-203HIGH ROOF FRAMING PLAN3/20/20253/20/20253/20/20251S-513STEEL SECTIONS & DETAILS3/20/20253/20/20253/20/20251Page 8 of 8Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
Sprung Structure – Enumeration of DocumentsDocusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton - Temporary StructureApril 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color Division 00Procurement and Contracting2/25/20252/25/20253/20/2025000 01 10TABLE OF CONTENTS2/25/20252/25/20253/20/2025000 31 32GEOTECHNICAL DATA2/25/20252/25/20253/20/2025000 73 43PREVAILING WAGE RATES2/25/20252/25/20253/20/20250Division 01General Requirements01 11 00SUMMARY OF WORK2/25/20252/25/20253/20/2025001 16 00PRODUCT REQUIREMENTS2/25/20252/25/20253/20/2025001 25 00SUBSTITUTION PROCEDURES2/25/20252/25/20253/20/2025001 25 13.1PRODUCT SUBSTITUTION PROCEDURES FORM2/25/2025 2/25/2025 3/20/2025 001 29 00PAYMENT PROCEDURES2/25/20252/25/20253/20/2025001 29 76 STORED MATERIALS (MATERIALS ON HAND) 2/25/2025 2/25/2025 3/20/2025 001 31 00PROJECT MANAGEMENT AND COORDINATION 2/25/2025 2/25/2025 3/20/2025 001 31 06COORDINATION DRAWINGS2/25/20252/25/20253/20/2025001 31 06.1ELECTRONIC TRANSFER DOCUMENT2/25/20252/25/20253/20/2025001 31 19PROJECT MEETINGS2/25/20252/25/20253/20/2025001 31 20PROJECT MEETINGS2/25/20252/25/20253/20/2025001 32 16CONSTRUCTION PROGRESS SCHEDULE2/25/20252/25/20253/20/2025001 32 33PRECONSTRUCTION VIDEO2/25/20252/25/20253/20/2025001 33 00SUBMITTAL PROCEDURES2/25/20252/25/20253/20/2025001 35 13SPECIAL PROJECT PROCEDURES2/25/20252/25/20253/20/2025001 45 23TESTING AND INSPECTION SERVICES2/25/20252/25/20253/20/2025001 50 00TEMPORARY FACILITIES AND CONTROLS2/25/20252/25/20253/20/2025001 55 13STABILIZED CONSTRUCTION EXIT2/25/20252/25/20253/20/2025001 55 26TRAFFIC CONTROL2/25/20252/25/20253/20/2025001 57 00SOURCE CONTROLS2/25/20252/25/20253/20/2025001 57 10TPDES REQUIREMENTS2/25/20252/25/20253/20/2025001 57 13STORM WATER POLLUTION PREVENTION2/25/20252/25/20253/20/2025001 57 16FILTER FABRIC FENCE2/25/20252/25/20253/20/2025001 57 19 GROUND CONTROL AND SURFACE WATER 2/25/2025 2/25/2025 3/20/2025 001 58 13TEMPORARY PROJECT SIGNAGE2/25/20252/25/20253/20/2025001 60 00MATERIALS AND EQUIPMENT2/25/20252/25/20253/20/2025001 66 00PRODUCT STORAGE AND HANDLING REQUIREMENTS 2/25/2025 2/25/2025 3/20/2025 001 70 00MOBILIZATION AND REMOBILIZATION2/25/20252/25/20253/20/2025001 71 23CONSTRUCTION STAKING AND SURVEY2/25/20252/25/20253/20/2025001 72 00COMMON EXECUTION REQUIREMENTS2/25/20252/25/20253/20/2025001 73 29CUTTING AND PATCHING2/25/20252/25/20253/20/2025001 74 19CONSTRUCTION WASTE MANAGEMENT DISPOSAL2/25/2025 2/25/2025 3/20/2025 001 74 23CLEANING2/25/20252/25/20253/20/2025001 77 19CLOSEOUT REQUIREMENTS2/25/20252/25/20253/20/2025001 78 23OPERATION AND MAINTENANCE DATA2/25/20252/25/20253/20/2025001 78 39PROJECT RECORD DOCUMENTS2/25/20252/25/20253/20/2025001 79 00DEMONSTRATION AND TRAINING2/25/20252/25/20253/20/20250Division 02Existing Conditions/Site02 41 13REMOVAL OF EXISTING CONCRETE2/25/20252/25/20253/20/20250Division 10Specialties10 44 00FIRE EXTINGUISHERS AND CABINETS2/25/20252/25/20253/20/20250Division 26Electrical26 05 19LOW-VOLTAGE ELECTRICAL POWER CONDUCTORS AND CABLES 2/25/2025 2/25/2025 3/20/2025 026 05 26GROUNDING AND BONDING2/25/20252/25/20253/20/20250 PROJECT MANUALPage 1 of 4Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton - Temporary StructureApril 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color 26 05 29HANGER AND SUPPORTS2/25/20252/25/20253/20/2025026 05 33RACEWAYS AND BOXES2/25/20252/25/20253/20/2025026 05 43UNDERGROUND DUCTS AND RACEWAYS2/25/20252/25/20253/20/2025026 05 44SLEEVES AND SEALS FOR RACEWAYS AND CABLE2/25/2025 2/25/2025 3/20/2025 026 05 53 IDENTIFICATION FOR ELECTRICAL SYSTEMS 2/25/2025 2/25/2025 3/20/2025 026 24 16PANELBOARDS2/25/20252/25/20253/20/2025026 27 26WIRING DEVICES2/25/20252/25/20253/20/2025026 28 13FUSES2/25/20252/25/20253/20/2025026 28 16ENCLOSED SWITCHES AND BREAKERS2/25/20252/25/20253/20/2025026 43 13SURGE PROTECTION FOR LOW-VOLTAGE ELECTRICAL CIRCUITS 2/25/2025 2/25/2025 3/20/2025 026 52 19EMERGENCY AND EXIT LIGHTING2/25/20252/25/20253/20/20250Division 27Communications27 00 00COMMUNICATIONS2/25/20252/25/20253/20/2025027 05 26GROUNDING AND BONDING2/25/20252/25/20253/20/2025027 05 28PATHWAYS FOR COMMUNICATIONS SYSTEM2/25/2025 2/25/2025 3/20/2025 027 05 43UNDERGROUND DUCTS & RACEWAYS2/25/20252/25/20253/20/2025027 11 00COMMUNICATIONS ROOM FITTINGS2/25/20252/25/20253/20/2025027 15 00HORIZONTAL CABLING2/25/20252/25/20253/20/20250Division 31Earthwork31 23 00EXCAVATION AND EMBANKMENT2/25/20252/25/20253/20/2025031 23 23CEMENT STABILIZED SAND BACKFILL2/25/20252/25/20253/20/2025031 23 33EXCAVATING TRENCHING AND BACKFILLING 2/25/2025 2/25/2025 3/20/2025 0Division 32Exterior Improvements32 11 14FLEXIBLE BASE CRUSHED LIMESTONE2/25/20252/25/20253/20/2025032 11 16SUBGRADE PREPARATION AND COMPACTION 2/25/2025 2/25/2025 3/20/2025 032 11 29ROLLING2/25/20252/25/20253/20/2025032 13 00SITE CONCRETE2/25/20252/25/20253/20/2025032 13 13CONCRETE PAVEMENT2/25/20252/25/20253/20/20250Division 33Utilities33 11 00WATER UTILITY DISTRIBUTION2/25/20252/25/20253/20/2025033 31 00SANITARY UTILITY SEWERAGE2/25/20252/25/20253/20/2025033 41 00STORM UTILITY DRAINAGE PIPING2/25/20252/25/20253/20/20250Specification/ Drawing Description Drawing Date Stamp Date CORE Received Date Revision Color CivilC1.01CIVIL COVER SHEET2/25/20252/25/20252/25/20250C12.01WATER PLAN2/25/20252/25/20252/25/20250C13.01SEWER PLAN2/25/20252/25/20252/25/20250C16.01TRAFFIC CONTROL PLAN2/25/20252/25/20252/25/20250C17.01EROSION CONTROL PLAN2/25/20252/25/20252/25/20250C17.02EROSION CONTROL DETAILS2/25/20252/25/20252/25/20250C17.03EROSION CONTROL DETAILS2/25/20252/25/20252/25/20250C18.01 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.02 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.03 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.04 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0DRAWINGSPage 2 of 4Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton - Temporary StructureApril 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color C18.05 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.06 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.07 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.08 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.09 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.10 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.11 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.12 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.13 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.14 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.15 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.16 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.17 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C18.18 CITY OF DENTON CONSTRUCTION DETAILS 2/25/2025 2/25/2025 2/25/2025 0C19.01CONSTRUCTION DETAILS2/25/20252/25/20252/25/20250C19.02CONSTRUCTION DETAILS2/25/20252/25/20252/25/20250C2.01GENERAL NOTES2/25/20252/25/20252/25/20250C3.01SUMMARY OF QUANTITIES2/25/20252/25/20252/25/20250C5.01EXISTING CONDITIONS AND DEMOLITION PLAN 2/25/2025 2/25/2025 2/25/2025 0C7.01 PAVING AND DIMENSION CONTROL PLAN 2/25/2025 2/25/2025 2/25/2025 0C8.01EXISTING DRAINAGE AREA MAP2/25/20252/25/20252/25/20250C8.02PROPOSED DRAINAGE AREA MAP2/25/20252/25/20252/25/20250C9.01GRADING AND STORM PLAN2/25/20252/25/20252/25/20250GeneralG-201GENERAL REQUIREMENTS2/25/20252/25/20252/25/20250G-301SITE CODE ANALYSIS2/25/20252/25/20252/25/20250StructuralS-101STRUCTURAL NOTES2/25/20252/25/20252/25/20250S-102SYMBOLS & ABBREVIATIONS2/25/20252/25/20252/25/20250S-103SPECIAL INSPECTIONS2/25/20252/25/20252/25/20250S-201FOUNDATION PLAN - MOD BLDG2/25/20252/25/20252/25/20250S-301TYPICAL CONCRETE DETAILS2/25/20252/25/20252/25/20250Addendums Description Drawing Date Stamp Date CORE Received Date Revision Color ArchitecturalAS-100OVERALL SITE PLAN3/20/20253/20/20253/20/20251AS-101ENLARGED SITE PLAN3/20/20253/20/20253/20/20251CivilC6.01ZONING COMPLIANCE PLAN3/20/20253/20/20253/20/20251GeneralADDENDUMSPage 3 of 4Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ENUMERATION OF DOCUMENTSCity of Denton - Temporary StructureApril 29, 2025Specification/ Drawing Description Spec Date Stamp Date CORE Received Date Revision Color -COVER SHEET3/20/20253/20/20253/20/20251G-102CODE SUMMARY FIRE EXITING AND SEPARATION 3/20/2025 3/20/2025 3/20/2025 1MechanicalMEP100SITE PLAN3/20/20253/20/20253/20/20252MEP101OVERALL FLOOR PLAN3/20/20253/20/20253/20/20251TechnologyT-001 LEGEND AND NOTES - COMMUNICATIONS 3/20/2025 3/20/2025 3/20/2025 0T-101OVERALL FLOOR PLAN - EMB - COMMUNICATIONS 3/20/2025 3/20/2025 3/20/2025 0T-301IT ROOM 134 - COMMUNICATIONS3/20/20253/20/20253/20/20250T-401GENERAL DETAILS - COMMUNICATIONS3/20/20253/20/20253/20/20250TS-100SITE PLAN - COMMUNICATIONS3/20/20253/20/20253/20/20250Page 4 of 4Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
EXHIBIT C – TECHNICAL SPECIFICATIONS
Technical Specifications as specified in EXHIBIT B – APPROVED GMP PROPOSAL are set forth herein
in full OR made part of this Agreement by reference OR made part of this Agreement as a separate
attachment.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
EXHIBIT D – CONSTRUCTION DRAWINGS
Construction Drawings as specified in EXHIBIT B – APPROVED GMP PROPOSAL are made part
of this Agreement by reference and on file with the:
• Design Professional
• City of Denton Project Manager
• CM@Risk Contractor
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
Exhibit F – General Conditions
THE OWNER:
City of Denton
215 East McKinney Street
Denton, Texas 76201
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
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
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
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.
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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. 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.
c. 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
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
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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
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;
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.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.
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
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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-
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
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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
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.
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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.
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
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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.
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
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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.
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
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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
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
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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
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,
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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
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;
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.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.
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.
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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
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
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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.
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
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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;
.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.
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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
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)
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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
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
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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
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
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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
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.
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.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
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
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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.
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-
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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.
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
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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
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
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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
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.
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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.
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
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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.
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
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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
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.
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.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.
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.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
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
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
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
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
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:
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
.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
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
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
.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.
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
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
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
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.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
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
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.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
"General Decision Number: TX20250243 03/14/2025
Superseded General Decision Number: TX20240243
State: Texas
Construction Type: Building
County: Denton County in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
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:| $13.30 per hour (or the |
|| applicable wage rate listed|
|| on this wage determination,|
|| if it is higher) for all |
|| hours spent performing on |
|| that contract in 2025. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 03/14/2025
Exhibit G - Prevailing Wage RatesDocusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
ASBE0021-011 06/01/2023
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR (Duct, Pipe and
Mechanical System Insulation)....$ 31.32 7.52
----------------------------------------------------------------
* BOIL0074-003 01/01/2025
Rates Fringes
BOILERMAKER......................$ 33.17 24.92
----------------------------------------------------------------
CARP1421-002 10/01/2023
Rates Fringes
MILLWRIGHT.......................$ 32.02 11.27
----------------------------------------------------------------
* ELEV0021-006 01/01/2025
Rates Fringes
ELEVATOR MECHANIC................$ 51.93 38.435+a+b
FOOTNOTES:
A. 6% under 5 years based on regular hourly rate for all
hours worked. 8% over 5 years based on regular hourly rate
for all hours worked.
B. New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, the Friday after Thanksgiving Day,
Christmas Day, and Veterans Day.
----------------------------------------------------------------
ENGI0178-005 06/01/2020
Rates Fringes
POWER EQUIPMENT OPERATOR
(1) Tower Crane.............$ 32.85 13.10
(2) Cranes with Pile
Driving or Caisson
Attachment and Hydraulic
Crane 60 tons and above.....$ 28.75 10.60
(3) Hydraulic cranes 59
Tons and under..............$ 32.35 13.10
----------------------------------------------------------------
IRON0263-005 06/01/2024
Rates Fringes
IRONWORKER (ORNAMENTAL AND
STRUCTURAL)......................$ 28.64 7.93
----------------------------------------------------------------
PLUM0100-008 11/01/2024
Rates Fringes
HVAC MECHANIC (HVAC Unit
Installation Only)...............$ 39.76 14.04
----------------------------------------------------------------
* SUTX2014-019 07/21/2014
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
Rates Fringes
BRICKLAYER.......................$ 19.89 0.00
CARPENTER, Excludes Drywall
Hanging, Form Work, and Metal
Stud Installation................$ 19.25 0.00
CAULKER..........................$ 16.63 ** 0.00
CEMENT MASON/CONCRETE FINISHER...$ 12.93 ** 0.00
DRYWALL HANGER AND METAL STUD
INSTALLER........................$ 15.42 ** 0.00
ELECTRICIAN (Alarm
Installation Only)...............$ 18.83 3.32
ELECTRICIAN (Communication
Technician Only).................$ 19.98 3.64
ELECTRICIAN (Low Voltage
Wiring Only).....................$ 15.80 ** 2.18
ELECTRICIAN, Excludes Low
Voltage Wiring and
Installation of Alarms/Sound
and Communication Systems........$ 18.82 0.83
FORM WORKER......................$ 12.13 ** 0.00
GLAZIER..........................$ 16.55 ** 3.13
HIGHWAY/PARKING LOT STRIPING:
Operator (Striping Machine).....$ 10.04 ** 2.31
INSTALLER - SIDING
(METAL/ALUMINUM/VINYL)...........$ 14.74 ** 0.00
INSTALLER - SIGN.................$ 15.61 ** 0.00
INSULATOR - BATT.................$ 13.00 ** 0.00
IRONWORKER, REINFORCING..........$ 14.02 ** 0.00
LABORER: Common or General......$ 11.76 ** 0.00
LABORER: Mason Tender - Brick...$ 10.54 ** 0.00
LABORER: Mason Tender -
Cement/Concrete..................$ 10.75 ** 0.00
LABORER: Pipelayer..............$ 13.00 ** 0.35
LABORER: Plaster Tender.........$ 12.22 ** 0.00
LABORER: Roof Tearoff...........$ 11.28 ** 0.00
LABORER: Landscape and
Irrigation.......................$ 12.50 ** 0.48
LATHER...........................$ 16.00 ** 0.00
OPERATOR:
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
Backhoe/Excavator/Trackhoe.......$ 12.83 ** 0.00
OPERATOR: Bobcat/Skid
Steer/Skid Loader................$ 13.93 ** 0.00
OPERATOR: Bulldozer.............$ 18.29 1.31
OPERATOR: Drill.................$ 15.69 ** 0.50
OPERATOR: Forklift..............$ 13.21 ** 0.81
OPERATOR: Grader/Blade..........$ 12.48 ** 0.00
OPERATOR: Loader................$ 13.46 ** 0.85
OPERATOR: Mechanic..............$ 17.52 ** 3.33
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete).........$ 18.44 0.00
OPERATOR: Roller................$ 15.04 ** 0.00
PAINTER (Brush, Roller and
Spray), Excludes Drywall
Finishing/Taping.................$ 13.21 ** 2.33
PAINTER: Drywall
Finishing/Taping Only............$ 13.76 ** 2.84
PIPEFITTER, Excludes HVAC
Pipe Installation................$ 22.98 6.35
PLASTERER........................$ 15.75 ** 0.00
PLUMBER (HVAC Pipe
Installation Only)...............$ 22.16 5.46
PLUMBER, Excludes HVAC Pipe
Installation.....................$ 20.84 4.74
ROOFER...........................$ 17.19 ** 0.00
SHEET METAL WORKER (HVAC Duct
Installation Only)...............$ 20.88 5.19
SHEET METAL WORKER, Excludes
HVAC Duct Installation...........$ 24.88 5.97
SPRINKLER FITTER (Fire
Sprinklers)......................$ 22.94 0.00
TILE FINISHER....................$ 11.22 ** 0.00
TILE SETTER......................$ 14.25 ** 0.00
TRUCK DRIVER: 1/Single Axle
Truck............................$ 16.40 ** 0.81
TRUCK DRIVER: Dump Truck........$ 12.39 ** 1.18
TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57
TRUCK DRIVER: Semi-Trailer
Truck............................$ 12.50 ** 0.00
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
TRUCK DRIVER: Water Truck.......$ 12.00 ** 4.11
----------------------------------------------------------------
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
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
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
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
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
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
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.
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: DD189DE9-B5AE-47A0-87AF-848064D31D13
EXHIBIT V – WARRANTY (VERTICAL PROJECTS VERSION)
V.1 Warranty
V.1.1 The CM@Risk warrants to the City 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 CM@Risk 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 CM@Risk’s warranty excludes remedy for damage or
defect caused by abuse, alterations to the Work not executed by the CM@Risk, improper or insufficient
maintenance, improper operation, or normal wear and tear and normal usage. If required by the Design
Professional, the CM@Risk shall furnish satisfactory evidence as to the kind and quality of materials and
equipment. THE CM@RISK SHALL DEFEND AND HOLD THE CITY HARMLESS AGAINST ANY
CLAIM, DEMAND, LOSS, OR DAMAGE BY ANY BREACH OF THIS WARRANTY, AND CM@RISK
ACKNOWLEDGES IT SHALL NOT LIMIT SUCH WARRANTY BY ANY OTHER PROVISION OF THIS
AGREEMENT.
V.1.2 All material, equipment, or other special warranties required by the Contract Documents shall be
issued in the name of the City and shall commence in accordance with Section 9.8.4.
V.1.3 When written warranties are specified, the document shall include the following information:
Name and address of Project and City;
Article, materials, or systems covered;
Name and address of Installer;
Name and address of CM@Risk; and
Signature of individual authorized to sign contracts for the company issuing the warranty.
V.1.4 The following minimum warranty terms shall be incorporated:
.1 Duration shall be one (1) year which includes all labor, material, and equipment and a 2nd year
warranty included to account for any repairs of the Work requiring labor and/or miscellaneous
materials only. Equipment and installed manufactured goods shall provide a one (1) year warranty
or manufacturer standard warranty of no less than one (1) year, whichever is greater. 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 City, including, without limitation, repair or
replacement of other work disturbed by, or because of, repair or replacement; and
.4 The warranty period shall recommence upon the identification and completion by CM@Risk and
acceptance by City of any warranty claim during the initial warranty period. City agrees the
CM@Risk’s warranty period shall consist of a one (1) year warranty included for all labor, material,
and equipment. 2nd year warranty included to account for any repairs of the Work requiring labor
and/or miscellaneous materials only. Equipment and installed manufactured goods shall provide a
one (1) year warranty or manufacturer standard warranty of no less than one (1) year, whichever is
greater.
V.1.5 Warranties which are provided by a manufacturer for its product shall be received by the CM@Risk,
filled out and filed with the manufacturer or other appropriate entity in coordination with the City.
Certificates or registration stubs shall be included with the record documents submitted for the City upon
completion of the Work. The City shall administrate manufacturer’s warranties/guarantees after expiration
of the CM@Risk’s warranty.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
V.1.6 Temporary or trial usage by the City 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 City shall not be construed as evidence of the Design
Professional’s or the City’s acceptance of same, or the commencement of any warranty periods.
V.1.7 The City has the privilege of such temporary or trial usage, for such reasonable time as the City, or
the Design Professional deem proper. The CM@Risk 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.
V.1.8 The CM@Risk may, without cost to the City, 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 City.
V.1.9 The CM@Risk agrees to assign to the City 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.
V.1.10 If necessary as a matter of law, the CM@Risk may retain the right to enforce directly any such
manufacturers’ warranties during the one (1) year period or longer as noted within the Specification for
special warranties, following the date of Substantial Completion.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
EXHIBIT W – USE of the SITE, DELIVERY & STORAGE
The CM@Risk 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.
W.1 The CM@Risk shall coordinate the CM@Risk’s operations with, and secure the approval of, the City
before using any portion of the site.
W.2 The CM@Risk 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 acknowledgements:
.1 The CM@Risk 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 CM@Risk 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 City, have
an adverse effect on the quality of life or productivity for Project stakeholders, the City’s
current operations, or the City's employees. Such mitigation and/or abatement shall be
performed in manner and with a result completely and wholly acceptable to the City;
.4 The CM@Risk 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
City. Repeat offenses will cause the City or Design Professional to require, through the
CM@Risk, the temporary or permanent removal of the offending individuals, Subcontractor(s)
or Sub-subcontractor(s) from the site;
.5 The CM@Risk 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 CM@Risk, 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 CM@Risk 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 CM@Risk 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 CM@Risk 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.
W.3 The CM@Risk 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:
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
.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 CM@Risk shall inform the City, Design Professional, Program Manager and any officials
referenced in Section W.5 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 City’s and Design
Professional’s approval, such approval not to be unreasonably withheld;
.3 The City shall be responsible for storm related debris and snow removal to the limits of the
construction site only so far that the CM@Risk will have access to the entrance to the
construction area; and
.4 Storm related debris and 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 CM@Risk.
W.4 During the performance of the Work, the CM@Risk, 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 City;
.2 Perform the Work at such times of the day and days of the week as may be designated by
the City; and
.3 Accept that these entrances and times may be reviewed and changed from time to time by
the City.
W.5 The CM@Risk 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 City to proceed has been given to the CM@Risk. If the utility service must be interrupted, the
CM@Risk shall, at CM@Risk’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.
W.6 The CM@Risk 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 CM@Risk’s expense.
W.7 Notwithstanding any other provision herein, the CM@Risk shall take all necessary measures to store
materials on site for which payment has been requested by the CM@Risk or been made by the City 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 CM@Risk;
.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
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
responsibility of the CM@Risk;
.3 The CM@Risk shall bear sole responsibility for the restoration of damaged Work and
replacement of damaged or stolen materials at no additional cost to the City; and
.4 After equipment is no longer required for the Work, it shall be promptly removed from the
Project site.
W.8 The CM@Risk shall not deliver any materials to the site which are not to be installed by same
CM@Risk without fifteen (15) day’s advance notice in writing to the City of the location, date, and time of
such delivery to allow proper coordination. Such materials shall be received jointly by a representative of
the CM@Risk and a representative of the City, who shall agree, and the CM@Risk 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 CM@Risk has accepted responsibility for insurance and ongoing protection per the terms
of this Agreement for such material until it is released to a third party authorized in writing by the
City to receive it.
Docusign Envelope ID: DD189DE9-B5AE-47A0-87AF-848064D31D13
Certificate Of Completion
Envelope Id: DD189DE9-B5AE-47A0-87AF-848064D31D13 Status: Completed
Subject: Please DocuSign: City Council Contract 8559 CMAR Construction Phase Contract for FS 5&6
Source Envelope:
Document Pages: 180 Signatures: 5 Envelope Originator:
Certificate Pages: 7 Initials: 1 Cori Power
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
cori.power@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
7/3/2025 11:57:58 AM
Holder: Cori Power
cori.power@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Cori Power
cori.power@cityofdenton.com
Purchasing Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 7/3/2025 12:10:26 PM
Viewed: 7/3/2025 12:10:39 PM
Signed: 7/3/2025 12:10:55 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.224.30.222
Signed using mobile
Sent: 7/3/2025 12:11:00 PM
Viewed: 7/3/2025 12:27:41 PM
Signed: 7/3/2025 12:29:48 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 12.63.250.2
Signed using mobile
Sent: 7/3/2025 12:29:52 PM
Viewed: 7/3/2025 12:38:30 PM
Signed: 7/3/2025 1:04:54 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Gary Aanenson
GaryAanenson@COREConstruction.com
Executive Vice President
CORE Construction
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 187.216.82.34
Signed using mobile
Sent: 7/3/2025 1:04:59 PM
Viewed: 7/3/2025 1:15:39 PM
Signed: 7/3/2025 1:15:44 PM
Electronic Record and Signature Disclosure:
Accepted: 6/13/2022 4:01:32 PM
ID: 96bdaf13-b4a5-49f0-ae76-ac48511280c5
Signer Events Signature Timestamp
Seth Garcia
Seth.Garcia@cityofdenton.com
Director of Capital Projects
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 7/3/2025 1:15:48 PM
Viewed: 7/3/2025 1:27:50 PM
Signed: 7/3/2025 1:28:26 PM
Electronic Record and Signature Disclosure:
Accepted: 7/3/2025 1:27:50 PM
ID: b312d7c3-ffcd-40f8-882f-4d74bfcd58b4
Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 7/3/2025 1:28:31 PM
Resent: 7/23/2025 8:35:11 AM
Viewed: 7/23/2025 8:37:43 AM
Signed: 7/23/2025 8:38:05 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.37.67.34
Signed using mobile
Sent: 7/23/2025 8:38:08 AM
Viewed: 7/23/2025 8:54:54 AM
Signed: 7/23/2025 8:55:05 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Lauren Thoden
lauren.thoden@cityofdenton.com
City Secretary
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 7/23/2025 8:55:08 AM
Viewed: 7/23/2025 9:35:30 AM
Signed: 7/23/2025 9:35:45 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/3/2025 12:11:00 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Carbon Copy Events Status Timestamp
Jennifer Martin
jennifermartin@coreconstruction.com
Contracts Manager
CORE Construction
Security Level: Email, Account Authentication
(None)
Sent: 7/3/2025 1:04:58 PM
Viewed: 7/23/2025 9:37:53 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 7/3/2025 1:28:30 PM
Viewed: 7/7/2025 2:36:52 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 7/23/2025 9:35:49 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Giovanni.Pineiro-Villalba
Giovanni.Pineiro-Villalba@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 7/23/2025 9:35:50 AM
Electronic Record and Signature Disclosure:
Accepted: 6/6/2025 4:30:44 PM
ID: eff7cbaa-9048-49c0-b736-f0e72e019920
Aaron Skinner
Aaron.Skinner@cityofdenton.com
Project Manager
Security Level: Email, Account Authentication
(None)
Sent: 7/23/2025 9:35:52 AM
Electronic Record and Signature Disclosure:
Accepted: 7/15/2025 10:49:52 AM
ID: dbea61bb-0807-4584-bf45-aed00664e7ea
Jennifer Martin
jennifermartin@coreconstruction.com
Contracts Manager
CORE Construction
Security Level: Email, Account Authentication
(None)
Sent: 7/23/2025 9:35:53 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 7/3/2025 12:10:26 PM
Envelope Updated Security Checked 7/23/2025 8:35:11 AM
Envelope Updated Security Checked 7/23/2025 8:35:11 AM
Certified Delivered Security Checked 7/23/2025 9:35:30 AM
Envelope Summary Events Status Timestamps
Signing Complete Security Checked 7/23/2025 9:35:45 AM
Completed Security Checked 7/23/2025 9:35:53 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Denton (we, us or Company) may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through your DocuSign, Inc.
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and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
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Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
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request delivery of such paper copies from us by following the procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
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Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
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All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Gary Aanenson, Seth Garcia, Giovanni.Pineiro-Villalba, Aaron Skinner
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
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To request delivery from us of paper copies of the notices and disclosures previously provided
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page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
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To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.