8845 - Contract ExecutedDocusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
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STIPULATED SUM VERTICAL CONSTRUCTION CONTRACT
BY AND BETWEEN
CITY OF DENTON
AND
GAGE & CADE CONSTRUCTION, LLC
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TABLE OF CONTENTS
1 THE CONTRACT DOCUMENTS
2 THE WORK OF THIS CONTRACT
3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4 CONTRACT SUM
5 PAYMENTS
6 DISPUTE RESOLUTION
7 TERMINATION OR SUSPENSION
8 MISCELLANEOUS PROVISIONS
9 ENUMERATION OF CONTRACT DOCUMENTS
EXHIBIT A GENERAL CONDITIONS
EXHIBIT B DRAWINGS AND SPECIFICATIONS; ON FILE WITH THE PURCHASING
AGENT
EXHIBIT C KEY PERSONNEL
EXHIBIT D ALTERNATES – None
EXHIBIT E ALLOWANCE – None
EXHIBIT F UNIT PRICE PROPOSAL FORM
EXHIBIT G INITIAL SCHEDULE OF VALUES– None
EXHIBIT H CONTRACTOR’S CONSTRUCTION SCHEDULE
EXHIBIT I ESCROW AGREEMENT– None
EXHIBIT J CONFLICT OF INTEREST QUESTIONNAIRE
EXHIBIT K PROPOSAL FORM
EXHIBIT L PREVAILING WAGE RATES
EXHIBIT M INSURANCE AND BONDS (TO BE COMPLETED AFTER CONTRACT
AWARD)
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STIPULATED SUM VERTICAL CONSTRUCTION CONTRACT
This Stipulated Sum Vertical Construction Contract (this “Agreement”) made as of the
____ day of ____________ in the year 20____ (the “Effective Date”) between City of Denton, a
Texas home rule municipal corporation located at 215 East McKinney Street Denton, Texas
76201 (the “Owner” or “City”) and Gage & Cade Construction, LLC at 1107 County Road 264,
Bertram, TX 78605 (the “Contractor”) for the following Project:
CSP #8845 RECYCLING CENTER FACILITY IMPROVEMENTS
The Owner and Contractor agree as follows:
Article 1. THE CONTRACT DOCUMENTS
Section 1.1 The Contract Documents consist of this Agreement, Conditions of the
Contract (General, Supplementary, and other Conditions), Drawings, Specifications, Addenda
issued prior to execution of this Agreement, other documents listed in the above table of
contents, documents issued as part of the solicitation for the Project, this Agreement, and
Modifications issued after execution of this Agreement, all of which form the Contract, and are
as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes prior
negotiations, representations, or agreements, either written or oral. An enumeration of the
Contract Documents, other than a Modification, appears in Article 9. In the event any provision
contained in this Agreement conflicts with any provision contained in the Contract Documents,
the more stringent provision for the Contractor, as interpreted by the Owner, shall govern.
Section 1.2 If, and to the extent of, any inconsistency, ambiguity, discrepancy or error
in the Contract Documents (referred to collectively in this Section 1.2 as discrepancy), the
Contractor shall immediately seek clarification from Biggs & Mathews Environmental, Inc. (the
“Design Professional” or “Architect” or “Engineer” as reference may be made in the Contract
Documents) and notify the Owner and Contractor that clarification has been requested. In the
event that the Design Professional fails to clarify such discrepancy, within a reasonable time
under the circumstances, the Contractor shall proceed with the Work without the clarification
based on written permission from the Owner, and give precedence to the Contract Documents in
the following descending order of priority:
a. Modifications issued after execution of the Owner-Contractor Agreement, including
all exhibits not specifically referenced in this Section 1.2;
b. the Owner-Contractor Agreement;
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c. Addenda issued prior to the execution of the Owner-Contractor Agreement, with the
Addenda bearing the latest date taking precedence;
d. the General Conditions of the Contract for Construction;
e. Exhibit “B” - Drawings and Specifications;
Article 2. THE WORK OF THIS CONTRACT
Section 2.1 The Contractor shall in a good workmanlike manner, fully execute the
Work described in, and reasonably inferable by the Contractor as necessary to provide the results
intended by fully execute the Work described in the Contract Documents, except as specifically
indicated in the Contract Documents to be the responsibility of others: and the Contractor at its
sole cost, risk, and expense shall construct, equip, provide purchase, pay for, and furnish all of
the Work in accordance with such Contract Documents. and governmental codes and regulations
as they apply to performance of the Work.
Section 2.2 An Index of Drawings and Specifications which have been furnished to
the Contractor as of the date of this Agreement is set forth in Exhibit “B” – Drawings and
Specifications.
Section 2.3 The Contractor shall not be entitled to any adjustments in the Contract
Sum or the Contract Time as a result of any action, or failure to act, in connection with any work
or other services performed by the Contractor, or any entity affiliated with the Contractor, for
portions of the Project other than the Work, such as, without limitation, other projects for this
Owner or nearby the Project site, whether such work or other services are performed under
contract with the Owner or an independent third party.
Section 2.4 The Contractor shall proceed with performance of the Work as required by
the Contract Documents and shall not modify such requirements unless such modifications are
accepted by the Owner in a Change Order or Construction Change Directive. The Contractor
shall not be entitled to receive any additional fees as a result of any modification requests or
recommendations submitted by the Contractor.
Section 2.5 The Contractor shall furnish only skilled and properly trained staff for the
performance of the Work. The key members of the Contractor's staff shall be persons agreed
upon with the Owner and Contractor and identified in Exhibit "C" – Key Personnel, which is
attached hereto and incorporated herein for all purposes.
a. Such key members of the Contractor's staff shall not be changed without the written
consent of the Owner and Contractor, unless such person becomes unable to perform
any required duties due to death, disability or termination of employment with the
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Contractor. If a key member is no longer capable of performing in the capacity
described in Exhibit "C" – Key Personnel, the Owner, Design Professional, and the
Contractor shall agree on a mutually acceptable substitute.
b. During the performance of the Work, the Contractor shall keep a competent
superintendent at the Project site, who is fully authorized to act on behalf of the
Contractor. Notice from the Owner, Contractor or the Design Professional to such
superintendent, in connection with defective Work, instructions for performance of
the Work or any and all other issues shall be considered notice of such issues to the
Contractor.
Article 3. DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
Section 3.1 The construction of the Work to be performed under this Contract shall be
commenced within three (3) calendar days after receipt of a building permit and Owner's Notice
to Proceed.
Issuance of a Notice to Proceed for construction of the Work is subject to Owners
acceptance of the Contractor’s proposed Construction Management Plan, and receipt of a
building permit.
The Contractor shall notify the Owner in writing, with confirmation of receipt, not less
than three (3) business days before commencing the Work on the Project site to permit timely
filing of mortgages, mechanics’ liens, and other security interests.
Section 3.2 The Contract Time shall be measured from the date of Notice to Proceed.
Section 3.3 Substantial Completion
a. Subject to adjustments of the Contract Time as provided in the Contract Documents, the
Contractor shall diligently prosecute the Work and shall achieve Substantial Completion
of the entire Work by 270 days.
b. If the Contractor fails to achieve Substantial Completion as provided in this Section 3.3,
liquidated damages, shall be as specified in Section 8.6 of Exhibit A - General Conditions
for the Contract for Construction.
Section 3.4 Final Completion
a. Subject to adjustments of the Contract Time as provided in the Contract Documents, the
Contractor shall diligently prosecute the Work and shall achieve final completion of the
entire Work by 300 days.
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b. If the Contractor fails to achieve final completion as provided in this Section 3.3,
liquidated damages, shall be as specified in Section 8.6 of Exhibit A - General Conditions
for the Contract for Construction.
Article 4. CONTRACT SUM
Section 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the
Contractor’s performance of the Contract. The Contract Sum shall be five hundred eighty-five
thousand four hundred sixty-five Dollars ($585,465.00), subject to additions and deductions as
provided in the Contract Documents. At the sole option of the City, five (5) percent contingency
in the amount of twenty-nine thousand two hundred seventy-three Dollars ($29,273.00) may be
used for a total not-to-exceed amount of six hundred fourteen thousand seven hundred thirty-
eight Dollars ($614,738.00).
Section 4.2 Alternates
a. Alternates, if any, included in the Contract Sum:
See Exhibit “D” – Alternates-none
b. Subject to the conditions noted below, the following alternates may be accepted by
the Owner following execution of this Agreement. Provided, however, that the
Contractor shall furnish the Owner with no less than fourteen (14) days prior written
notice of the date upon which any of the alternatives set forth in Exhibit “D” –
Alternates, must be accepted by the Owner in order for the Contractor to perform the
Work covered by such alternates for the price(s) set forth therein; and without any
adjustment to a Contractual Milestone date, the Contractor’s Construction Schedule
or the Contract Time. Upon acceptance, the Owner shall issue a Modification to this
Agreement.
See Exhibit “D” – Alternates-none
Section 4.3 Allowances, if any, included in the Contract Sum:
See Exhibit “E” – Allowances-none
Section 4.4 Unit prices, if any are set forth in Exhibit “F” – Unit Costs, and such unit prices are
considered complete and include all materials, equipment, labor, delivery, installation, overhead,
and profit; and any other costs or expenses in connection with, or incidental to, the performance
of that portion of the Work to which such unit prices apply.
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See Exhibit “F” – Unit Costs
Section 4.5 Liquidated damages, if any:
See Exhibit A - General Conditions for the Contract for Construction
Section 4.6 Other:
Section 4.7 By executing this Agreement and furnishing the Owner with both Exhibit “E”
– Allowances and Exhibit “G” – Initial Schedule of Values, the Contractor represents and
warrants that the Contract Documents, materials, and information furnished by the Contractor as
of the date of this Agreement, and the ongoing discussions and meetings between the Contractor
and the Owner and Design Professional have described the scope, construction requirements and
design intent for the Work in detail sufficient to enable the Contractor to firmly establish the
Contract Sum and the Contract Time. The Contractor shall not be permitted to claim any
adjustment in either the Contract Sum or Contract Time prior to Notice to Proceed in
connections with the completion of the Work except as described in the Contract Documents.
Article 5. PAYMENTS
Section 5.1 Progress Payments
a. Based upon Applications for Payment including all supporting documentation required
by the Owner and submitted to the Design Professional and Owner by the Contractor; its
review by the Design Professional and Owner; and Certificates for Payment issued by the
Design Professional and Certificates for Payment issued by the Design Professional, the
Owner shall make progress payments on account of the Contract Sum to the Contractor
as provided below and elsewhere in the Contract Documents.
b. The period covered by each Application for Payment shall be one calendar month ending
on the last day of the month.
c. Provided that a certifiable Application for Payment is approved by the Design
Professional not later than the «twenty-fifth (25th) » day of a month, the Owner shall
make payment of the amount certified to the Contractor not later than the « thirtieth
(30th) » day of the « following » month. If a certifiable Application for Payment is
received by the Design Professional after the application date fixed above, payment of the
amount certified shall be made by the Owner not later than « thirty » (« 30 ») calendar
days after the Design Professional approves the Application for Payment.
d. Each Application for Payment shall be based on the most recent schedule of values
submitted by the Contractor and approved in advance by the Owner and Design
Professional in accordance with the Contract Documents and the Construction
Management Plan. The schedule of values shall allocate the entire Contract Sum among
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the various portions of the Work and be prepared in such form, and supported by such
data to substantiate its accuracy, as the Owner and Design Professional may require. This
schedule of values, unless objected to by the Owner or Design Professional, shall be used
as a basis for reviewing the Contractor’s Applications for Payment.
e. Applications for Payment shall show the percentage of completion of each portion of the
Work as of the end of the period covered by the Application for Payment.
f. In accordance with Exhibit A - General Conditions for the Contract for Construction, and
subject to other provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
i. The amount of each progress payment shall first include:
.1 That portion of the Contract Sum properly allocable to completed
Work;
.2 That portion of the Contract Sum properly allocable to materials
and equipment delivered and suitably stored at the site for subsequent
incorporation in the completed construction, or, if approved in advance by
the Owner, suitably stored off the site at a location agreed upon in writing;
and
.3 That portion of Construction Change Directives that the Design
Professional determines, in the Design Professional’s professional
judgment, to be reasonably justified.
ii. The amount of each progress payment shall then be reduced by:
.1 The aggregate of any amounts previously paid by the Owner;
.2 The amount, if any, for Work that remains uncorrected and for
which the Contractor or Design Professional has previously withheld or
nullified a Certificate for Payment as provided in Article 9 of Exhibit A -
General Conditions for the Contract for Construction;
.3 Any amount for which the Contractor does not intend to pay a
Subcontractor or material supplier, unless the Work has been performed
by others the Contractor intends to pay;
.4 For Work performed or defects discovered since the last payment
application, any amount for which the Design Professional may withhold
payment, or nullify a Certificate of Payment in whole or in part, as
provided in Article 9 of Exhibit A - General Conditions for the Contract
for Construction; and
.5 Retainage withheld pursuant to Section 5.1.g.
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g. Retainage
i. For each progress payment made prior to Final Completion of the Work, the
Owner may withhold the following amount, as retainage, from the payment
otherwise due:
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« Five Percent (5.0%) »
h. Omitted.
i. Except with the Owner’s prior approval, the Contractor shall not make advance payments
to suppliers for materials or equipment which have not been delivered and stored at the
site.
j. Each Application for Payment shall, without limitation, conform with the requirements of
Exhibit A - General Conditions for the Contract for Construction, as amended.
k. In taking action on the Contractor’s Applications for Payment, the Owner and Design
Professional shall be entitled to rely on the accuracy and completeness of the information
furnished by the Contractor and shall not be deemed to represent that the Owner or
Design Professional have made a detailed examination, audit or arithmetic verification of
the documentation submitted in accordance with this Section 5.1.k or other supporting
data; that the Owner or Design Professional have made exhaustive or continuous on-site
inspections; or that the Owner or Design Professional have made examinations to
ascertain how or for what purposes the Contractor has used amounts previously paid on
account of the Contract. Such examinations, audits and verifications, if required by the
Owner, will be performed by the Owner’s auditors acting in the sole interest of the
Owner.
l. Except with the Owner’s prior approval, the Contractor shall not make advance payments
to suppliers for materials or equipment which have not been delivered and stored at the
site, and even with such approval the Contractor shall follow the procedures in the
Contract Documents for such payments.
m. In addition to other required items, the final Application for Payment shall be
accompanied by the following, all in form and substance satisfactory to the Owner and in
compliance with applicable statutes of the State of Texas all in a form acceptable to the
Owner:
.1 A current sworn statement from the Contractor setting forth all
Subcontractors and any material suppliers with whom the Contract has entered
into subcontracts; the amount of each such subcontract; the amount requested for
any Subcontractor or material supplier in the Application for Payment; and the
amount to be paid to the Contractor from such final payment;
.2 A current, duly executed waiver of mechanics’ and material suppliers’
liens from the Contractor conditional upon establishing receipt of payment or
satisfaction of the payment requested by the Contractor in the current Application
for Payment;
.3 A current Subcontractor’s lien waiver for the current period, conditional
only on payment from the Contractor, and duly executed, acknowledged sworn
statement showing all Sub-subcontractors and material suppliers with whom the
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Subcontractor has entered into sub-subcontracts, the amount of each such sub-
subcontract, the amount requested for any Sub-subcontractor and material
supplier in the requested progress payment, and the amount to be paid to the Sub-
subcontractor from such final payment to the Subcontractor;
.4 A current, duly executed unconditional final waiver of mechanics’ and
material suppliers’ liens from the Contractor and all Subcontractors and, when
deemed appropriate by the Owner and Design Professional, from material
suppliers and Sub-subcontractors establishing payment or satisfaction of
payments of all amounts requested by the Contractor on behalf of such entities or
persons in any previous Applications for Payment;
.5 A final certificate of occupancy issued by the appropriate governmental
body in which the project is located;
.6 All maintenance and operating manuals;
.7 Digitally marked, fully accessible electronic files (not “plot files” or
“PDFs”) of both field record drawings and specifications reflecting “as-built”
conditions;
.8 Digitally marked, accurately dimensioned, and fully accessible electronic
files (not “plot files” or “PDFs”) of drawings reflecting the location of any
concealed utilities, mechanical or electrical systems, and components;
.9 any special guarantees or warranties required by the Contract Documents;
.10 assignments of all guarantees and warranties from subcontractors,
vendors, suppliers, or manufacturers;
.11 a list of the primary contact names, email addresses, physical addresses,
and telephone numbers of all Subcontractors and any other persons providing
guarantees and warranties;
.12 all information and materials required to comply with the requirements of
the Contract Documents or reasonably requested by the Owner, or the Design
Professional; and
.13 If required by the Owner’s title insurer, if any, the Contractor shall execute
a personal gap undertaking in form and substance satisfactory to such title insurer.
Section 5.2 Final Payment
a. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made
by the Owner to the Contractor when
.1 the Contractor has fully performed the Contract except for the
Contractor’s responsibility to correct Work as provided in Article 12 of Exhibit A
- General Conditions for the Contract for Construction, and to satisfy other
requirements, if any, which necessarily survive beyond final payment; and
.2 a final Certificate for Payment has been issued by the Design Professional;
and.
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.3 the Contractor has provided, and the Owner has accepted as correct, all the
information and documents required under Section 5.1.m above; and
.4 a complete release of all claims arising out of, related to or connected with
Contractor's performance of the respective Phase under this Agreement, and any
claims of Subcontractors, subject to any claims reserved in accordance with the
terms of the General Conditions and an affidavit that so far as Contractor has
knowledge or information, the release includes and covers all materials and
services over which Contractor has control for which a claim could be filed,
subject to any claims reserved in accordance with the terms of the General
Conditions.
b. The Owner’s final payment to the Contractor shall be made no later than 30 days after the
issuance of the Design Professional’s final Certificate for Payment and the Contractor has
provided Owner with all required documentation.
Section 5.3 Interest
Payments are due and payable within thirty (30) days of the date the Owner receives the
Construction Manager’s approvable invoice, unless a different date for payment is provided
under this Agreement. Amounts unpaid shall bear interest at the legal rate allowed by Texas
Government Code Ch. 2251.
Article 6. DISPUTE RESOLUTION
Section 6.1 Initial Decision Maker
The Owner will serve as the Initial Decision Maker pursuant to Article 15 of Exhibit A - General
Conditions for the Contract for Construction.
Section 6.2 Binding Dispute Resolution
For any Claim subject to, but not resolved by, mediation or other alternative dispute
resolution method as mutually agreed by the parties (“ADR”) pursuant to Article 15 of Exhibit A
- General Conditions for the Contract for Construction, the method of binding dispute resolution
shall be litigation in a court of competent jurisdiction.
Article 7. TERMINATION OR SUSPENSION
Section 7.1 The Contract may be terminated by the Owner or the Contractor as provided
in Article 14 of Exhibit A - General Conditions for the Contract for Construction, as amended.
If the Contract is terminated for the Owner’s convenience in accordance with Article 14 of
Exhibit A - General Conditions for the Contract for Construction, then the Owner shall pay the
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Contractor a compensation calculated in the manner as specified in Section 14.4.c of Exhibit A -
General Conditions for the Contract for Construction, as amended.
Section 7.2 The Work may be suspended by the Owner as provided in Article 14 of
Exhibit A - General Conditions for the Contract for Construction, as amended.
Section 7.3 In the event of such termination by the Owner, the amount to be paid to the
Contractor shall not exceed the amount the Contractor would have been entitled to receive under
Article 5 above.
Section 7.4 In no event shall the Contractor be entitled to receive “Lost Opportunity
Costs”, defined as unabsorbed overhead costs or unrealized profit on this Work, future work for
this Owner, other owner(s), other work, foregone opportunities for the Contractor, or other costs
not directly and verifiably associated with services actually performed or Work successfully
completed under this Agreement.
Article 8. MISCELLANEOUS PROVISIONS
Section 8.1 All references in this Agreement to Exhibit A, shall mean the Exhibit A -
General Conditions for the Contract for Construction, as modified and amended by the parties
hereto. Where reference is made in this Agreement to a provision of another Contract
Document, the reference refers to that provision as amended or supplemented by other provisions
of the Contract Documents.
Section 8.2 The Owner’s representative:
City of Denton
Arturo Garcia
Project Manager
901B Texas Street
Denton, Texas 76209
(940) 349-8021
arturo.garcia@cityofdenton.com
Section 8.3 The Contractor’s representative:
Gage & Cade Construction, LLC
Jason Reeves
1107 County Road 264
Bertram, TX 8605
(512)379-8176
jason@gageandcadeconstruction.com
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Section 8.4 Neither the Owner’s nor the Contractor’s representative shall be changed
without ten days’ prior notice to the other party.
Section 8.5 Insurance and Bonds
a. The Owner and the Contractor shall purchase and maintain insurance as set forth in
Exhibit A - General Conditions for the Contract for Construction, Insurance and
Bonds, and elsewhere in the Contract Documents.
Section 8.6 « Not Used. »
Section 8.7 Other Conditions and Services:
a. The Contractor represents and warrants the following to the Owner (in addition to any
other representation and warranties contained in the Contract Documents) as a material
inducement to the Owner to execute this Agreement, which representations and
warranties shall survive the execution and delivery of this Agreement, any termination of
this Agreement, and final completion of the Work:
.1 The Contractor is financially solvent, capable of obtaining adequate
insurance, able to pay all debts as they mature and possessed of sufficient working
capital to complete the Work and perform all obligations hereunder;
.2 The Contractor is able to furnish the physical infrastructure, tools,
materials, supplies, equipment and supervision, and labor required to complete the
Work and perform its obligations hereunder and has sufficient experience and
competence to do so;
.3 The Contractor is authorized to do business in the City of Denton, and the
State of Texas and is properly licensed by all necessary governmental and public
and quasi-public authorities having jurisdiction over the Contractor and over the
Work and the Project;
.4 The Contractor’s execution of this Agreement and performance thereof is
within the Contractor’s duly-authorized powers;
.5 The Contractor’s duly-authorized representative has visited the site of the
Project and is familiar with the local conditions under which the Work is to be
performed and has correlated its observations with the requirements of the
Contract Documents;
.6 The Contractor possesses a high level of experience and expertise in the
business administration, construction, construction management and
superintendence of projects of this size, complexity and nature of this particular
Project and will perform the Work with the care, skill and diligence of such a
contractor;
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.7 The foregoing warranties are in addition to, and not in lieu of, any and all
other liability imposed upon the Contactor by law with respect to the Contractor’s
duties, obligations, and performance hereunder; and
.8 The Contractor acknowledges that the Owner is relying upon the
Contractor’s skill and experience in connection with the proper, timely and
diligent prosecution of the Work.
b. In the event any provision contained in this Agreement conflicts with any provision
contained in the Contract Documents, the more stringent provision for the Contractor, as
interpreted by the Owner, shall govern.
c. Some or all of the Owner’s duties, approvals and actions required under this Agreement
may be provided by third parties by mutual agreement of the Owner and such third
parties. When notified in writing of the specific duties and responsibilities of such third
party, the Contractor will recognize the actions and approvals of the third party as
sufficient to fulfill the Owner’s responsibilities under this Agreement.
d. The Contractor shall provide sufficient supporting documentation in form and with a
level of detail wholly acceptable to the Owner and Contractor to substantiate any
Application for Payment, request for Change to the Contract Sum or Contract Time, and
all contract Allowances provided within the Contractor’s Contract Sum for this scope of
work. Failure to timely provide all supporting documentation, in and of itself, may result
in rejection of the Application for Payment or requested change to the Contract Sum or
Contract Time, or payment for work charged to the Allowance(s).
e. Proof of purchase and warehouse insurance naming the Owner, Contractor and Design
Professional as additional insureds, together with inspection rights for the Owner,
Contractor and Design Professional is to be provided for any billed materials by the
Contractor for the work not physically stored at the Project site.
f. Time limits set out in or under this Agreement are solely for the protection and benefit of
the Owner and create no third-party beneficiary rights in any other party.
g. Notices. All legal notices, consents, approvals, demands, requests or other
communications provided for or permitted to be given under any of the provisions of this
Agreement shall be in writing and shall be deemed to have been duly given or served
when delivered by hand delivery or when deposited in the U.S. mail by registered or
certified mail, return receipt requested, postage prepaid, and addressed as follows:
If to Owner:
Arturo Garcia
Project Manager
City of Denton
901B Texas Street
Denton, Texas 76201
arturo.garcia@cityofdenton.com
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City of Denton
ATTN: Contract 8845; Purchasing Manager
901B Texas Street
Denton, Texas 76209
purchasing@cityofdenton.com
And with a copy to City Attorney’s point of contact:
City Attorney
City of Denton
215 East McKinney St.
Denton, TX 76201
legal@cityofdenton.com
If to Contractor:
Gage & Cade Construction, LLC
Jason Reeves
1107 County Road 264
Bertram, TX 8605
(512)379-8176
jason@gageandcadeconstruction.com
If to Design Professional:
Biggs & Mathews Environmental, Inc.
Gregory Adams
1700 Robert Road, STE 100
Mansfield, TX 76063
(817)563-1144
gadams@biggsandmathews.com
h. All Exhibits referred to in this Agreement are, by reference, incorporated herein for all
purposes.
i. The numbering and captions of the sections are set forth only for convenience and
reference and are not intended in any way to define, limit, or describe the scope or intent
of this Agreement.
j. The parties agree that they will execute any further instrument or instruments, and that
they will perform any act or acts, which are or may become necessary to effectuate any of
the terms or provisions of this Agreement.
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k. Nothing contained in this Agreement shall create a contractual relationship with a cause
of action in favor of a third party against either the Owner or Contractor.
l. This Agreement has been created jointly and ambiguity cannot be construed against
either party.
m. This Agreement is and shall be subject to those provisions required of political
subdivisions by the laws of the State of Texas. The Contractor understands that the
Owner is a Texas home rule municipality and that the project is subject to applicable
provisions of Texas law including bid requirements, bonding, and final settlement
provisions.
n. Contractor understands that certain information, including this Agreement, are public
records available for public inspection and copying under the Texas Open Records Act.,
Texas Government Code Ch. 552, as amended, and other applicable laws.
o. The Owner represents that there are sufficient funds available to undertake this Project.
p. No term or condition of the Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the governmental or sovereign immunities, rights, benefits,
or protections of the Owner.
q. Contractor warrants that the products, processes, techniques and methodologies provided
by Contractor shall not infringe upon the copyright, patent or other proprietary rights of
others.
r. Contractor certifies and warrants that no gratuities, kickbacks or contingency fees were
paid in connection with this Agreement, nor were any fees, commissions, gifts or other
considerations made contingent upon the award of this Agreement. Contractor warrants
that to the best of Contractor’s knowledge, there exists no actual or potential conflict of
interest, and no financial or substantial interest as may be prohibited by Texas law, the
Charter, or Code of Ethics of the City of Denton between Contractor and Owner.
s. Contractor shall comply with the disclosure and reporting requirements in Local
Government Code Chapters 171 and 176, and Texas Government Code Sec. 2252.908.
Under Sec. 2252.908, if City Council approval is required to award this Agreement or if
this Agreement has a value of at least $1,000,000, the City may not enter into the
Agreement unless the Contractor submits a disclosure of interested parties to the City at
the time the executed Agreement is presented to the City. The disclosure must be made
on the form prescribed by the Texas Ethics Commission and the City is required to
submit a copy of the disclosure statement to the Texas Ethics Commission not later than
the 30th day after the disclosure is received by the City.
t. In case any provision hereof shall, for any reason, be held invalid or unenforceable in any
respect, such invalidity or unenforceability shall not affect any other provision hereof,
and this Contract shall be construed as if such invalid or unenforceable provision had not
been included herein.
u. Contractor understands and agrees that TIME IS OF THE ESSENCE.
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v. This Agreement may be executed by the parties hereto in separate counterparts, each of
which when so executed and delivered shall be an original, but all such counterparts shall
together constitute one and the same instrument. Each counterpart may consist of any
number of copies hereof each signed by less than all, but together signed by all of the
parties hereto. Any documents submitted to the City in electronic format shall be
considered equivalent to an original of such document.
w. Any of the representations, warranties, covenants, and obligations of the Parties, as well
as any rights and benefits of the Parties, pertaining to a period of time following the
termination of this Agreement shall survive termination.
x. COMPLIANCE WITH CERTAIN STATE LAW
.1 Prohibition on Contracts with Companies Boycotting Israel. Contractor
acknowledges that in accordance with Chapter 2271 of the Texas Government
Code, City is prohibited from entering into a contract with a company for goods
or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term
of the contract. The terms “boycott Israel” and “company” shall have the
meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this agreement, Contractor certifies that Contractor’s signature
provides written verification to the City that Contractor: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the agreement. Failure to
meet or maintain the requirements under this provision will be considered a
material breach.
.2 Prohibition on Contracts with Companies Boycotting Certain Energy
Companies. Contractor acknowledges that in accordance with Chapter 2274 of
the Texas Government Code, City is prohibited from entering into a contract with
a company for goods or services unless the contract contains written verification
from the company that it (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. The terms “boycott
energy company” and “company” shall have the meanings ascribed to those terms
in Section 809.001 of the Texas Government Code. By signing this agreement,
Contractor certifies that Contractor’s signature provides written verification to the
City that Contractor: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the agreement. Failure to meet or
maintain the requirements under this provision will be considered a material
breach.
.3 Prohibition on Contracts with Companies Boycotting Certain Firearm
Entities and Firearm Trade Associations. Contractor acknowledges that in
accordance with Chapter 2274 of the Texas Government Code, City is prohibited
from entering into a contract with a company for goods or services unless the
contract contains written verification from the company that it (1) does not have a
# (& "") !#$
practice, policy, guidance, or directive that discriminates against a firearm entity
or firearm trade association; and (2) will not discriminate during the term of the
contract against a firearm entity or firearm trade association. The terms
“discriminate against a firearm entity or firearm trade association,” “firearm
entity” and “firearm trade association” shall have the meanings ascribed to those
terms in Chapter 2274 of the Texas Government Code. By signing this
agreement, Contractor certifies that Contractor’s signature provides written
verification to the City that Contractor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a
firearm entity or firearm trade association. Failure to meet or maintain the
requirements under this provision will be considered a material breach.
.4 Prohibition on Contracts with Companies Doing Business with Iran,
Sudan, or a Foreign Terrorist Organization. Sections 2252 and 2270 of the Texas
Government Code restricts CITY from contracting with companies that do
business with Iran, Sudan, or a foreign terrorist organization. By signing this
agreement, Contractor certifies that Contractor’s signature provides written
verification to the City that Contractor, pursuant to Chapters 2252 and 2270, is
not ineligible to enter into this agreement and will not become ineligible to
receive payments under this agreement by doing business with Iran, Sudan, or a
foreign terrorist organization. Failure to meet or maintain the requirements under
this provision will be considered a material breach.
.5 Termination Right for Contracts with Companies Doing Business with
Certain Foreign-Owned Companies. The City of Denton may terminate this
Contract immediately without any further liability if the City of Denton
determines, in its sole judgment, that this Contract meets the requirements under
Chapter 2274, and Contractor is, or will be in the future, (i) owned by or the
majority of stock or other ownership interest of the company is held or controlled
by individuals who are citizens of China, Iran, North Korea, Russia, or other
designated country (ii) directly controlled by the Government of China, Iran,
North Korea, Russia, or other designated country, or (iii) is headquartered in
China, Iran, North Korea, Russia, or other designated country.
.6 Pursuant to Chapter 2258, Texas Government Code, all contractors and
any Subcontractor involved in the construction of a public work project shall pay
not less than the prevailing rates as per diem wages in the locality at the time of
construction to all laborers, workmen and mechanics employed by them in the
execution of this contract. Contractor shall assure that these requirements are met
for the Project and shall insure that every contract or subcontract relating to the
Work requires, on behalf of Owner, that the prevailing wage rates be paid.
# (& "") !#$
.7 The Contractor shall be provided an applicable Department of Labor
Wage Rate Determination for use on the Project required by Chapter 2258.022,
Texas Government Code. In the event the Owner does not provide this Labor
Wage Rate Determination, the Contractor shall request it in writing in a timely
manner, so as not to delay the Construction Manager’s initial subcontractor
procurement process during preconstruction. The Construction Manager shall, if
requested by the Owner, assist the Owner in conducting a survey of the wages
paid, by labor class, on projects of a similar type in a similar location.
Article 9. ENUMERATION OF CONTRACT DOCUMENTS
Section 9.1 This Agreement is comprised of the following documents:
.1 Stipulated Sum Vertical Construction Contract
.2 Exhibit “A” – General Conditions of the Contract for Construction
.3 Exhibit “B” – Drawings and Specifications (On File with Purchasing
Manager)
.4 Addenda, if any:
See Exhibit “B” – Drawings and Specifications (On File with Purchasing
Manager)
Portions of Addenda relating to bidding or proposal requirements are not
part of the Contract Documents unless the bidding or proposal
requirements are also enumerated in this Article 9.
.5 Other Exhibits:
Exhibit “C” – Key Personnel
Exhibit “D” – Alternates -none
Exhibit “E” – Allowances -none
Exhibit “F” – Unit Costs
Exhibit “G” – Initial Schedule of Values-none
Exhibit “H” – Contractor’s Construction Schedule
Exhibit “I” – Escrow Agreement-none
Exhibit “J” – Conflict of Interest Questionnaire
Exhibit “K” – Proposal Form
Exhibit “L” – Prevailing Wage Rates
Exhibit “Y” – Contractor’s Insurance Certificate(s) and Bonds (To be
Completed after Contract Award)
.6 Other documents, if any, listed below:
# (& "") !#$
« »
This Agreement entered into as of the day and year first written above.
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and
business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
CITY:
CITY OF DENTON, TEXAS
BY: _____________________________
SARA HENSLEY
CITY MANAGER
ATTEST:
INGRID REX, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
CONTRACTOR:
GAGE & CADE CONTRUCTION, LLC
BY: _____________________________
JASON REEVES
TITLE________________________
# (& "") !#$
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DGHTXDWHUHPHG\&RQWUDFWRUIXUWKHUDFNQRZOHGJHVDQGDJUHHVWKDW/LTXLGDWHG'DPDJHVPD\EHRZLQJHYHQWKRXJKQRWHUPLQDWLRQKDVRFFXUUHGE&RQWUDFWRUVKDOOSD\DVOLTXLGDWHGGDPDJHVWRWKH2ZQHU WKHVXPVVKRZQLQWKHWDEOHEHORZIRUHDFKFDOHQGDUGD\WKDWH[SLUHVDIWHUWKHGDWHVHWIRUWKLQWKH&RQWUDFWIRU)LQDO&RPSOHWLRQRIWKH:RUN)LUVW:HHN/DWH6HFRQG:HHN/DWH7KLUG )RXUWK:HHNV/DWH(YHU\'D\$IWHUWKH)RXUWK:HHN/DWHGD\ GD\ GD\ GD\
F7KHSDUWLHVDFNQRZOHGJHFRYHQDQWDQGDJUHHWKDWWKHGDLO\EDVLVDQGWKHDPRXQWVHWIRUWKDERYH
IRUOLTXLGDWHGGDPDJHVDUHUHDVRQDEOHEHFDXVHRIWKHXQLTXHQDWXUHRIWKH3URMHFWDVDEHQHILWWR
WKHSXEOLF WKHIDFWWKDWLQFRQYHQLHQFHWRWKHSXEOLFZLOOEHRQHRIWKHVLJQLILFDQWLPSDFWVRIDQ\
IDLOXUHE\WKH&RQWUDFWRUWRWLPHO\FRPSOHWHWKH:RUN DQGWKDWLWLVLPSUDFWLFDEOHDQGH[WUHPHO\
GLIILFXOWWRDVFHUWDLQDQGGHWHUPLQHWKHDFWXDOORVVHVZKLFKZRXOGDFFUXHWRWKH2ZQHUDQGWKH
SXEOLF
G3HUPLWWLQJWKH&RQWUDFWRUWRFRQWLQXHDQGILQLVKWKH:RUNRUDQ\SRUWLRQWKHUHRIDIWHUWKHWLPH
IL[HGIRULWVFRPSOHWLRQVKDOOLQQRZD\RSHUDWHDVDZDLYHURQWKHSDUWRIWKH2ZQHURIDQ\RILWV
ULJKWVXQGHUWKH&RQWUDFW7KH&RQWUDFWRUDFNQRZOHGJHVWKH2ZQHUUHFHLYHVQREHQHILWVIURP
HDUO\FRPSOHWLRQRIWKH3URMHFWRUWKH:RUNWKHUHIRUHDOOULJKWVLIDQ\WRDQHDUO\FRPSOHWLRQ
ERQXVRURWKHULQFUHDVHVLQWKH&RQWUDFW6XPIRUVXFKHDUO\FRPSOHWLRQDUHKHUHE\ZDLYHGE\WKH
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WRWKH&RQWUDFWRUIRUSHUIRUPDQFHRIWKH:RUNXQGHUWKH&RQWUDFW'RFXPHQWV7KH&RQWUDFW6XP
PD\RQO\EHLQFUHDVHGSXUVXDQWWRD&KDQJH2UGHUVLJQHGE\WKH2ZQHU&RPSOHWLRQRIWKH:RUN
LVDFRQGLWLRQSUHFHGHQWWR2ZQHU¶VREOLJDWLRQWRSD\WKHIXOO&RQWUDFW6XP
E,IXQLWSULFHVDUHVWDWHGLQWKH&RQWUDFW'RFXPHQWVRUVXEVHTXHQWO\DJUHHGXSRQDQGLITXDQWLWLHV
RULJLQDOO\FRQWHPSODWHGDUHPDWHULDOO\FKDQJHGVRWKDWDSSOLFDWLRQRIVXFKXQLWSULFHVWRWKHDFWXDO
TXDQWLWLHVFDXVHVVXEVWDQWLDOLQHTXLW\WRWKH2ZQHURU&RQWUDFWRUWKHDSSOLFDEOHXQLWSULFHVVKDOO
EHHTXLWDEO\DGMXVWHG
6HFWLRQ 6FKHGXOHRI9DOXHV
:KHUHWKH&RQWUDFWLVEDVHGRQD6WLSXODWHG6XPRUWKH&RVWRIWKH:RUNWKH&RQWUDFWRUVKDOO
PHHWZLWKWKH'HVLJQ3URIHVVLRQDODWWKH3UHFRQVWUXFWLRQ&RQIHUHQFHZLWKDSURSRVHG6FKHGXOHRI9DOXHV
DVVSHFLILHGLQ6HFWLRQ7KH&RQWUDFWRU¶V6FKHGXOHRI9DOXHVZLOOEHUHYLHZHGE\WKH2ZQHUDQG
'HVLJQ 3URIHVVLRQDO LQ WKH FRQWH[W RI WKH &RQWUDFWRU¶V SURSRVHG &RQVWUXFWLRQ 0DQDJHPHQW 3ODQ
LQFOXGLQJEXWQRWOLPLWHGWRWKH&RQWUDFWRU¶V&RQVWUXFWLRQ6FKHGXOHWKHUHLQ7KHYDOXHVDVVLJQHGWRHDFK
ZRUNDFWLYLW\LQWKH6FKHGXOHRI9DOXHVVKRXOGEHJHQHUDWHGE\WKHSURMHFWHGHDUQHGYDOXHRIWKHDFWLYLWLHV
LQWKH&RQWUDFWRU¶V&RQVWUXFWLRQ6FKHGXOHURXQGHGWRWKHQHDUHVWILYHGROODUVDQGHTXDOLQDJJUHJDWHWR
EXHIBIT B
DRAWINGS AND SPECIFICATIONS; ON FILE WITH THE PURCHASING AGENT
Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
EXHIBIT C
Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
EXHIBIT D
Alternates
NONE
Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
EXHIBIT E
ALLOWANCES
None
Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
To:From:
PROJ.:
RFP:
ENG
PMO:
Item
No.Spec. Section No.Description UOM BID QTY Unit Price Extended Price
1 01-70-00 Mobilization/ Demobilization LS 1 29,250.00$ 29,250.00$
2 01-50-00 Temporary Controls LS 1 9,000.00$ $ 9,000.00
3 13-00-00 Building Canvas and Appurtenances LS 1 74,400.00$ 74,400.00$
4 23-90-00 Vents and Fans and Appurtenances LS 1 43,000.00$ 43,000.00$
5 26-05-00 Electrical and Communications LS 1 87,000.00$ $ 87,000.00
6 31-24-00 Embankment CY 300 20.80$ 6,240.00$
7 31-23-16 Excavation CY 700 22.25$ 15,575.00$
8 32-11-23 Flexible base SF 12,200 4.35$ $ 53,070.00
9 03-00-00 Concrete Paving SF 12,200 14.15$ 172,630.00$
10 32-31-00 Barrier Arms and Appurtenances LS 1 34,000.00$ 34,000.00$
11 34-41-50 Signs and Striping LS 1 13,500.00$ $ 13,500.00
12 33-14-17 Waterline and Hydrant LS 1 24,500.00$ 24,500.00$
13 11-90-00 Portable Eyewash/ Shower LS 1 23,300.00$ 23,300.00$
14 $ -
15 -$
16 $ -
17 -$
18 $ -
19 -$
20 $ -
21 -$
22 $ -
23 -$
24 $ -
25 -$
26 $ -
27 -$
28 $ -
29 -$
30 $ -
$585,465.00
1A -$ -$
2A -$ -$
3A -$ -$
$0.00
TOTAL BASE PLUS ALTERNATE PROPOSAL:$585,465.00
$585,465.00 TOTAL PROPOSAL:
Alternate Proposal
901-B Texas Street
Denton, TX 76209
OFFEROR'S APPLICATION - UNIT PRICE PROPOSAL
1107 CR 264
BERTRAM, TX 78605
TOTAL BASE PROPOSAL:
TOTAL ALT. Proposal:
Recycling Center Facility Improvements
SECTION 00 42 44 - UNIT PRICE PROPOSAL FORM - CSP8845
<Purchasing Agent>/Purchasing Dept.
Recycling Center Facility Improvements
City of Denton - Solid Waste
GAGE AND CADE CONSTRUCTION,
LLC
Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62EXHIBIT F
EXHIBIT G
INITIAL SCHEDULE OF VALUES
NONE
Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
IDTask ModeTask Name Duration Start Finish1RECYCLING CENTER FACILITY IMPROVEMENTS101 daysMon 11/3/25Mon 3/23/262NOTICE TO PROCEED1 dayMon 11/3/25Mon 11/3/253CONSTRUCTION68 daysTue 11/4/25Thu 2/5/264MOBILIZATION1 dayTue 11/4/25Tue 11/4/255TEMPORARY CONTROLS1 dayMon 11/10/25Mon 11/10/256EXCAVATION3 daysThu 11/6/25Mon 11/10/257EMBANKMENT3 daysTue 11/11/25Thu 11/13/258FLEXIBLE BASE4 daysFri 11/14/25Wed 11/19/259CONCRETE PAVING15 daysThu 11/20/25Wed 12/10/2510BUILDING CANVAS AND APPURTENANCES10 daysThu 12/18/25Wed 12/31/2511VENTS AND FANS AND APPURTENANCES5 daysThu 1/1/26Wed 1/7/2612ELECTRICAL AND COMMUNICATIONS25 daysThu 1/1/26Wed 2/4/2613BARRIER ARMS AND APPURTENANCES8 daysThu 12/11/25Mon 12/22/2514SIGNS AND STRIPING2 daysTue 12/23/25Wed 12/24/2515WATERLINE AND HYDRANT5 daysThu 12/11/25Wed 12/17/2516PORTABLE EYEWASH/ SHOWER1 dayThu 2/5/26Thu 2/5/2617CLOSEOUT32 daysFri 2/6/26Mon 3/23/2618SUBSTANTIAL COMPLETION1 dayFri 2/6/26Fri 2/6/2619PUNCH LIST15 daysMon 2/9/26Fri 2/27/2620CLOSEOUT DOCS15 daysMon 3/2/26Fri 3/20/2621FINAL COMPLETION1 dayMon 3/23/26Mon 3/23/262227161116212616111621263151015202530491419241611162126November 2025December 2025January 2026February 2026March 2026TaskSplitMilestoneSummaryProject SummaryInactive TaskInactive MilestoneInactive SummaryManual TaskDuration-onlyManual Summary RollupManual SummaryStart-onlyFinish-onlyExternal TasksExternal MilestoneDeadlineProgressManual ProgressPage 1Project: SCHEDULEDate: Tue 9/23/25Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62EXHIBIT H
EXHIBIT I
ESCROW AGREEMENT
NONE
Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
GAGE AND CADE CONSTRUCTION, LLC
12/19/23
Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
EXHIBIT J
Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62EXHIBIT K
Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
"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: | $13.30 per hour (or the |
| | applicable wage rate listed|
| | on this wage determination,|
| | if it is higher) for all |
| | hours spent performing on |
| | that contract in 2025. |
|______________________________|_____________________________|
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/03/2025
1 03/14/2025
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Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
EXHIBIT L
ASBE0021-011 06/01/2023
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR (Duct, Pipe and
Mechanical System Insulation)....$ 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
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Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
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:
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Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
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
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Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
TRUCK DRIVER: Water Truck.......$ 12.00 ** 4.11
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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)).
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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
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Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
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
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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"
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Docusign Envelope ID: F5CC3F18-8F76-43CC-A962-3C77E53D4E62
Certificate Of Completion
Envelope Id: F5CC3F18-8F76-43CC-A962-3C77E53D4E62 Status: Completed
Subject: Please DocuSign: City Council Contract 8845 Recycling Center Facility Improvements
Source Envelope:
Document Pages: 312 Signatures: 5 Envelope Originator:
Certificate Pages: 6 Initials: 1 Crystal Westbrook
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
crystal.westbrook@cityofdenton.com
IP Address: 198.49.140.104
Record Tracking
Status: Original
11/20/2025 2:52:19 PM
Holder: Crystal Westbrook
crystal.westbrook@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Crystal Westbrook
crystal.westbrook@cityofdenton.com
Senior Buyer
City of Denton
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(None)
Completed
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Lori Hewell
lori.hewell@cityofdenton.com
Purchasing Manager
City of Denton
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Leah Bush
leah.bush@cityofdenton.com
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Electronic Record and Signature Disclosure:
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ID: e970f8d4-1a5e-4dc2-9a6d-5feceedae610
Jason Reeves
jason@gageandcadeconstruction.com
Senior Vice President
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Signed using mobile
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Brenda Haney
brenda.haney@cityofdenton.com
Director
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Sara Hensley
sara.hensley@cityofdenton.com
City Manager
City of Denton
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Ingrid Rex
Ingrid.Rex@cityofdenton.com
Deputy City Secretary
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Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
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Marcella Lunn
marcella.lunn@cityofdenton.com
Senior Deputy City Attorney
City of Denton
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Gretna Jones
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Legal Secretary
City of Denton
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Arturo Garcia
Arturo.Garcia@cityofdenton.com
Solid Waste Project Manager
Solid Waste & Recycling
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Electronic Record and Signature Disclosure
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Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM
Parties agreed to: Leah Bush, Jason Reeves, Brenda Haney, Arturo Garcia
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