HomeMy WebLinkAbout8558 - GMP 1 Executed
Docusign City Council Transmittal Coversheet
File Name
Purchasing Contact
City Council Target Date
Piggy Back Option
Contract Expiration
Ordinance
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
RFP
Erica Garcia
CMAR Animal Shelter Renovation GMP1
8558
Not Applicable
N/A
MAY 19, 2026
26-0751
CITY OF DENTON, TEXAS
CONSTRUCTION MANAGER AT RISK FOR CMAR LINDA MCNATT ANIMAL SERVICES RENOVATION AND
EXPANSION
CONSTRUCTION MANAGER AT RISK
CONSTRUCTION PHASE SERVICES
CONTRACT NO. 8558
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
TABLE OF CONTENTS
Article PAGE
RECITALS ............................................................................................................................... 1
Article 1 - Definitions ............................................................................................................... 2
Article 2 – CM@Risk’s Services and Responsibilities ............................................................. 6
Article 3 - City’s Services and Responsibilities ...................................................................... 13
Article 4 - Contract Time ........................................................................................................ 16
Article 5- Contract Price ........................................................................................................ 20
Article 6 - Changes to the Contract Price and Time .............................................................. 22
Article 7- Procedure for Payment .......................................................................................... 27
Article 8- Claims and Disputes .............................................................................................. 30
Article 9 – Suspension and Termination ................................................................................ 32
Article 10 - Insurance and Bonds .......................................................................................... 34
Article 11 – Indemnification ................................................................................................... 38
Article 12 – General Provisions ............................................................................................. 39
EXHIBIT A – SITE DESCRIPTION
EXHIBIT B – APPROVED GMP NO. 1
EXHIBIT C – TECHNICAL SPECIFICATIONS
EXHIBIT D – CONSTRUCTION DRAWINGS
EXHIBIT E – GENERAL CONDITIONS
EXHIBIT G – PREVAILING WAGE RATES
EXHIBIT V – WARRANTY
EXHIBIT W – USE OF THE SITE, DELIVERY & STORAGE (for vertical projects)
EXHIBIT X – COST OF THE WORK
EXHIBIT Y – GENERAL CONDITINS COSTS
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CITY OF DENTON
ANIMAL SERVICES EXPANSION IMPROVEMENTS
CONSTRUCTION MANAGER AT RISK CONSTRUCTION SERVICES
GMP No. 1
Project No. 240004-1 CONTRACT NO. 8558
THIS AGREEMENT, made and entered by and between City of Denton, hereinafter designated the “City”
and Steele & Freeman, Inc., hereinafter designated the “Construction Manager at Risk” or “CM@Risk”
RECITALS
A.The City Manager of the City of Denton, Texas, or their designee, is authorized and empowered by
provisions of the City Charter to execute contracts for construction services.
B.The City intends to construct Linda McNatt Animal Services Expansion Improvements as more fully
described in Exhibit A attached.
C.To undertake the Project the City has entered into a contract with Quorum Architects, Inc., hereinafter
referred to as the “Design Professional.”
D.The CM@Risk has represented to the City the ability to provide the construction phase
services described herein and to construct the Project and based on this representation the
City engages the CM@Risk to provide these services and construct the Project.
E.Contract No. 8558 has been executed previously between City and CM@Risk to perform
Preconstruction Phase services. Those services may continue during the duration of this
Construction Phase Agreement.
NOW THEREFORE, for and in consideration of the mutual covenants and considerations hereinafter
contained, it is agreed by and between the City and the CM@Risk as follows:
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Article 1 - Definitions
“Agreement” (“Contract”) means this written document signed by the City and CM@Risk covering the
construction phase of the Project, and including other documents itemized and referenced in or attached to
and made part of this Contract. The terms Agreement and Contract shall be used interchangeably
throughout unless specifically stated otherwise.
“Approved GMP” means any GMP or GMP amendment agreed to by the parties in accordance with this
Agreement.
“Application for Payment” – See definition for Payment Request.
“Architect” means the qualified, licensed person, firm or corporation who furnishes architectural services
required for the Project.
“Asbestos” means asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite
(cummingtonite-grunerite), anthophyllite, tremolite, or actinolite or any material that contains one percent or
more of any asbestiform variety. Refer to the Texas Administrative Code, Title 25, Chapter 296.
“Change Directive” means a written order prepared and signed by City, directing a change in the Work prior
to agreement on an adjustment in the Contract Price and the Contract Time.
“Certificate of Substantial Completion” has the meaning given such term in Subsection 4.1.5.
“Change Order” means a type of contract amendment issued after execution of this Agreement or future
GMP Amendments signed by City and CM@Risk, agreeing to changes to an agreement. The Change Order
will state the following: the addition, deletion, or revision in the scope of Work; the amount of the adjustment
to the Contract Price; and the extent of the adjustment to the Contract Times or other modifications to
Contract terms.
“City (“Owner” or “OWNER”) means the City of Denton, a municipal corporation, with whom CM@Risk has
entered into this Contract and for whom the services are to be provided pursuant to said Contact. Regulatory
activities handled by the City of Denton Developmental Services, Fire, Engineering, Facilities, Municipal
Electric, and Planning Departments or any other City Department are not subject to the responsibilities of
the City under this Agreement.
“City’s Representative” means the person designated in Subsection 8.3.1.2.
“City’s Senior Representative” means the person designated in Subsection 8.3.1.1.
“CM@Risk” means the firm selected by the City to provide construction services as detailed in this Agreement.
“CM@Risk’s Representative” means the person designated in Subsection 8.3.2.2.
“CM@Risk’s Senior Representative” means the person designated in Subsection 8.3.2.1.
“Contingency, Marketplace Risk” – A fund to cover the costs of cost escalation, supply chain interruptions,
and buyout decisions made for the City’s benefit that may have more risk than a normal subcontract award.
Use and management of the Marketplace Risk Contingency is described in Section 5.1.3.
“Contingency, CM@Risk’s” – A fund to cover cost growth during the Project used at the discretion of the
CM@Risk usually for costs that result from Project circumstances. Use and management of the CM@Risk’s
Contingency is described in Section 5.1.4.
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“Contingency, Owner’s” – A fund to cover cost growth during the Project used at the discretion of the City
usually for costs that result from City directed changes or unforeseen site conditions. Use and management
of the Owner’s Contingency is described in Section 5.1.6.
“Contract Documents” means the following items and documents in descending order of precedence
executed by the City and the CM@Risk: (i) all written modifications, amendments and Change Orders; (ii)
this Agreement, including all exhibits and attachments; (iii) Construction Documents; (iv) GMP Plans and
Specifications. In the event of a conflict between this Agreement and the other Contract Documents,
including the General Conditions, the terms of this Agreement will control.
“Construction Documents” The plans, specifications, and drawings prepared by the Design Professional
and issued as approved for construction meaning the documents are sealed by the Design Professional,
signed and acceptable for permitting.
“Construction Fee” means the lump sum amount for CM@Risk’s administrative costs for branch or home
office overhead, and profit at the time of GMP.
“Contract Price” means the amount or amounts set forth in Article 5.
“Contract Time” means the Days as set forth in Article 4 the period of time, including authorized
adjustments, allotted in the Contract Documents for Substantial Completion of the Project.
“Cost of the Work” The direct costs or stipulated rates necessarily incurred by the CM@Risk in the proper
performance of the Work. The Cost of the Work shall include direct labor costs, subcontract costs, costs of
materials and equipment incorporated in the completed construction, costs of other materials and
equipment, temporary facilities, General Conditions Costs, and related items. See Exhibit X – Cost of the
Work and Exhibit Y – General Conditions Costs for more definitions of these terms. The Cost of the Work
shall not include the CM@Risk’s Construction Fee.
“Critical Path” means the sequence of activities from the start of the Work to the Substantial Completion of
the Project. Any delay in the completion of these activities will extend the Substantial Completion date.
“Day(s)” mean calendar days unless otherwise specifically noted in the Contract Documents.
“Preconstruction Phase Contract” means the agreement between the City and CM@Risk for services
provided by the CM@Risk during the design phase which may include the following: design
recommendations, project scheduling, constructability reviews, alternate systems evaluation, cost
estimates, MBE/WBE/SBE utilization, subcontractor bid phase services, and GMP preparation.
“Design Professional” means a qualified, licensed design professional, including an Engineer or Architect,
who furnishes design and/or construction administration services required for the Project. A Design
Professional is referenced in Recital C, above.
“Differing Site Conditions” means concealed or latent physical conditions or subsurface conditions at the
Site that, (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual
nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent
in the Work.
“Engineer” The qualified, licensed person, firm or corporation who furnishes engineering services required
for the Project.
“Final Acceptance” means the completion of the Work as prescribed in Section 4.2.
“Float” means the number of Days by which an activity can be delayed without lengthening the Critical Path
and extending the Substantial Completion date.
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“General Conditions Costs” Includes those Cost of Work items shown in Exhibit Y - General Conditions
Costs.
“Guaranteed Maximum Price” or “GMP” means the sum of the maximum Cost of the Work; the Construction
Fee; General Conditions Costs, taxes, and CM@Risk’s Contingency including authorized adjustments.
“GMP Amendment” means an amendment, executed in writing and signed by both parties, to the GMP.
“GMP Plans and Specifications” means the plans and specifications upon which the Guaranteed Maximum
Price proposal is based as listed in the GMP proposal.
“Hazardous Environmental Condition” means the presence at the site of Asbestos, PCB’s, Petroleum,
Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may
present a substantial danger to persons or property exposed thereto.
“Hazardous Material or Substance” includes any material in such quantity, concentration, and physical or
chemical characteristics including, but not limited to, ignitability or toxicity, so as to be capable of posing an
unreasonable risk to health, safety and/or property if released into the atmosphere, transported, stored, or
disposed of.
“Hazardous Waste” means any solid waste listed as hazardous or possesses one or more hazardous
characteristics as defined in the federal waste regulations, as amended from time to time.
“Legal Requirements” means all applicable federal, state, and local laws, codes, ordinances, rules,
regulations, orders, and decrees of any government or quasi-government entity having jurisdiction over the
Project or Site, the practices involved in the Project or Site, or any Work.
“Milestones” - A principal event in the performance of the Work that the Contract requires CM@Risk to achieve
by an intermediate completion date, or by a time prior to Substantial Completion of all the Work.
“Notice to Proceed” or “NTP” means the directive issued by the City, authorizing the CM@Risk to start
Work. Such notice shall be provided to the CM@Risk at least seven days prior to the commencement date
stipulated herein and shall be provided no later than 30 days after the GMP proposal is approved by the
City and all the required documentation is received by the City.
“Payment Request” means the City form used by the CM@Risk to request progress payments for Work in
accordance with Article 7.
“PCB’s” means polychlorinated biphenyls.
“Performance Period” means the period of time allotted in the Contract Documents to substantially
complete the Work comprised within a GMP. The Performance Period shall be stated with each GMP
proposal and shown on the Project Schedule.
“Petroleum” means petroleum including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch
absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other
non-Hazardous Waste and crude oils.
“Product Data” means illustrations, standard schedules, performance charts, instructions, brochures,
diagrams and other information furnished by the CM@Risk to illustrate materials or equipment for some
portion of the Work.
“Project” means the Work to be completed in the execution of this Agreement as amended and as described
in the Recitals above and in each Approved GMP.
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“Project Schedule” means a schedule, prepared and maintained by CM@Risk, describing the sequence
and duration of the activities comprising the CM@Risk’s plan to accomplish the Work within the Contract
Times.
“Project Record Documents” means the documents created pursuant to Section 2.10.
“Radioactive Material” Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of
1954 (42 USC Section 2011 et seq.) as amended from time to time.
“Samples” means physical examples which illustrate materials, equipment, or workmanship and establish
standards by which the Work will be evaluated.
“Shop Drawings” mean drawings, diagrams, schedules, submittals and other data specially prepared for
the Work by the CM@Risk or a Subcontractor, manufacturer, supplier, or distributor to illustrate some
portion of the Work.
“Site” means the land or premises on which the Project is located generally described in in Exhibit A.
“Specifications” means the part(s) of the Contract Documents for the construction phase consisting of
written technical descriptions of materials, equipment, construction systems, standards, and workmanship
as applied to the Work and certain administrative details applicable thereto as listed in the GMP proposal.
“Subcontractor” means an individual or firm having a direct contract with the CM@Risk or any other
individual or firm having a contract with the aforesaid individual or firm at any tier, who undertakes to perform
a part of the construction phase Work for which the CM@Risk is responsible.
“Subconsultant” - A person, firm or corporation having a contract with the CM@Risk to furnish services required
as its independent professional associate or consultant with respect to the Project.
“Substantial Completion” means when the Work, or an agreed upon portion of the Work, is sufficiently
complete so that City can occupy and use the Project or a portion thereof for its intended purposes. This
may include, but is not limited to: (i) receipt of written confirmation after final inspections by the applicable
electrical, plumbing, City Fire Marshall, health department, and other local and state officials having
jurisdiction, stating the project is ready for occupancy by the City; (ii) all systems in place, and confirmed
to be fully functional to satisfaction of the City and its representatives; (iii) all materials and equipment
installed; (iv) all systems reviewed and accepted by the City; (v) draft O&M manuals and record documents
reviewed and accepted by the City; (vi) City operation and maintenance training complete; (vii) landscaping
and site work; and (viii) final cleaning. In addition to the other requirements of the Contract Documents, and
without limitation, the CM@Risk must also have obtained the written approval and issuance of any
occupancy permits required by the laws of local government(s) and the State of Texas before the CM@Risk
shall be deemed to have achieved Substantial Completion. The conditions of Substantial Completion that
do not apply to a specific GMP will be listed in the Notice to Proceed letter pursuant to Subsection 2.4.3.
“Supplier” means a manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct
contract with CM@Risk or any Subcontractor to furnish materials or equipment to be incorporated in the
construction phase Work by CM@Risk or any Subcontractor.
“Work” means the entire completed construction or the various separately identifiable parts thereof, required
by the Agreement to be furnished and installed during the construction phase. “Work” includes and is the
result of performing or furnishing supervision and labor; and furnishing and incorporating materials,
resources, and equipment into the construction, and performing or furnishing services and documents as
required by the Contract Documents for the construction phase.
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Article 2 – CM@Risk’s Services and Responsibilities
2.0 The CM@Risk shall furnish any and all supervision, labor, materials, equipment, transportation,
utilities, services, and facilities required to perform all Work required by the Contract Documents,
and to completely and totally construct the same and install the material therein for the City. All
Work will be performed in a good and workmanlike and substantial manner and within the care
and skill of a qualified CM@Risk in Denton, Texas. The Work shall be to the satisfaction of the
City and strictly pursuant to and in conformity with the Project’s Contract Documents as
modified. It is not required that the services be performed in the sequence in which they are
described.
2.1. General Services
2.1.1. CM@Risk’s Representative shall be reasonably available to City and shall have the necessary
expertise and experience required to supervise the Work. CM@Risk’s Representative shall
communicate regularly with City but not less than once a week and shall be vested with the
authority to act on behalf of CM@Risk. CM@Risk’s Representative may be replaced only with
the written consent of City.
2.1.2 City’s Project Management Information System (Procore)
2.1.2.1 The CM@Risk will be required to maintain all project records in electronic format. The City
provides a web-based project management database which the CM@Risk will be required to
utilize in the fulfillment of the contract requirements. Although this electronic platform does not
fulfill this requirement in its entirety, the CM@Risk will be required to utilize this platform as the
basis for this Work. Any documents submitted to the City in electronic format shall be considered
equivalent to an original of such document.
2.1.2.2 The CM@Risk can expect to use Procore to process all primary level tri-partite contract
documents related to the construction phase of the Project including but not limited to: requests
for interpretation/information, potential Change Orders, Change Orders, construction meeting
minutes, Submittals, Design Professional’s supplemental instructions and Payment Requests.
2.1.2.3 The CM@Risk will be required to process information into electronic digital form. In order to fulfill
this requirement, the CM@Risk shall provide all necessary equipment to perform the functions
necessary to generate, convert, store, maintain, connect to Procore, and transfer electronic
data.
2.1.2.4 CM@Risk shall provide a computerized networked office platform with broadband internet
connectivity. Wired or wireless is acceptable. This platform shall function well in a web-based
environment utilizing an internet browser compatible with the City Procore system.
2.2 Government Approvals and Permits
2.3.1 Unless otherwise provided, CM@Risk shall obtain or assist the City to obtain all necessary
permits, approvals, and licenses required for the prosecution of the Work from any government
or quasi-government entity having jurisdiction over the Project. The CM@Risk is specifically
reminded of the need to obtain the necessary environmental permits or file the necessary
environmental notices.
2.3.2 Copies of these permits and notices must be provided to the City’s Representative prior to
starting the permitted activity. In the case of Fire Department permits, a copy of the application
for permit shall also be provided to the City’s Representative. This provision does not constitute
an assumption by the City of an obligation of any kind for violation of said permit or notice
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requirements.
2.3.3 City shall be responsible for all City of Denton review and permit(s) fees for building and
demolition permits. City will also pay review and permit fees for grading and drainage, water,
sewer, right-of-way, gas service, electrical service, and landscaping; assessments against the
property, including property tax, developmental excise and similar taxes; sewer, water, and
related utility tap fees; and sewer plant improvement fees, unless exempted under Texas law.
City shall also pay for utility design fees for permanent services.
2.3.4 CM@Risk shall be secure and pay for all other permits, fees, licenses, and inspections by
government agencies necessary for proper execution and completion of the Work that are
customarily secured after execution of the Contract and legally required at the time bids are
received or negotiations concluded not specifically listed in Subsection 2.3.3 above. Specifically,
and without limitation, the CM@Risk is responsible for the cost of meter(s), and all utility bills on
the project meters until Substantial Completion of the Project. Arrangements for construction
water are the CM@Risk’s responsibility.
2.4 Pre-construction Conference
2.4.1 Prior to the commencement of any Work, the City’s Representative will schedule a pre-
construction conference.
2.4.2 The purpose of this conference is to establish a working relationship between the CM@Risk,
utility firms, and various City agencies. The agenda will include critical elements of the work
schedule, submittal schedule, cost breakdown of major lump sum items, Payment Requests and
processing, coordination with the involved utility firms, the level of Record Project Documents
required, and emergency telephone numbers for all representatives involved in the course of
construction.
2.4.3 The Notice to Proceed date will be agreed to. After the meeting a Notice to Proceed letter will
be issued confirming the construction start date, Performance Period, and, if applicable, the
Substantial Completion date. If a Substantial Completion date is established the conditions of
the Substantial Completion will be listed.
2.4.4 The CM@Risk shall provide a schedule of values based on the categories used in the buyout
of the Work but not greater than the approved GMP and identifying the CM@Risk’s Contingency.
The schedule of values will subdivide the Work into all items comprising the Work.
2.4.5 Minimum attendance by the CM@Risk shall be the CM@Risk’s Representative, who is
authorized to execute and sign documents on behalf of the firm, the job superintendent, and the
CM@Risk’s safety officer.
2.5 Control of the Work
2.5.1 Unless otherwise provided in the Contract Documents to be the responsibility of City or a
separate contractor, CM@Risk shall provide through itself, its Vendors or Subcontractors the
necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery,
temporary utilities, and other temporary facilities to permit CM@Risk to complete the Work
consistent with the Contract Documents.
2.5.2 CM@Risk shall perform all construction activities efficiently and with the requisite expertise,
skill, and competence to satisfy the requirements of the Contract Documents. CM@Risk shall
at all times exercise complete and exclusive control over the means, methods, sequences, and
techniques of construction.
2.5.3 CM@Risk, the CM@Risk’s Representative or other authorized representative shall be present
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at the Site at all times that construction activities are taking place.
2.5.3.1 All elements of the Work shall be under the supervision of a superintendent employed by the
CM@Risk for the purpose; or their designated representative on the Site who shall have the
authority to take actions required to properly carry out that particular element of the Work.
2.5.4 In the event of noncompliance with this Section, the City may require the CM@Risk to stop or
suspend the Work in whole or in part. Where the Contract Documents require that a particular
product be installed and/or applied, or the installation and/or application be observed by an entity
approved by the manufacturer, it is the CM@Risk’s responsibility to ensure the Subcontractor
employed for such Work is approved by the manufacturer; or their installation and/or application
is so observed.
2.5.5 Before ordering materials or doing work, the CM@Risk and each Subcontractor shall verify
measurements at the Site and shall be responsible for the correctness of such measurements.
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
Site reasonably free from debris, trash, and construction wastes to permit CM@Risk to perform
its construction services efficiently, safely and without interfering with the use of adjacent land
areas. Upon Substantial Completion of the Work, or a portion of the Work, CM@Risk shall
remove all debris, trash, construction wastes, materials, equipment, machinery, and tools arising
from the Work or applicable portions thereof to permit City to occupy the Project or a portion of
the Project for its intended use.
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2.6.2 CM@Risk shall take all reasonable steps, procedures, or means to prevent any dust nuisance
due to construction operations. The dust control measures shall be maintained at all times to
the satisfaction of the City and in accordance with the local requirements.
2.6.3 CM@Risk shall maintain ADA and ANSI accessibility requirements during construction activities
in an occupied building or facility. ADA and ANSI accessibility requirements shall include, but
not be limited to, parking, building access, entrances, exits, restrooms, areas of refuge, and
emergency exit paths of travel. CM@Risk shall be responsible for the coordination of all work to
minimize disruption to building occupants and facilities.
2.6.4 Only materials and equipment which are to be used directly in the Work shall be brought to and
stored on the Site by the CM@Risk. When equipment is no longer required for the Work, it shall
be removed promptly from the Site. Protection of construction materials and equipment stored
at the Site from weather, theft, damage, and all other adversity is solely the responsibility of the
CM@Risk.
2.6.5 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,
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.
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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. CM@Risk’s
Contingency cannot be utilized for the cost of re-testing.
2.8.5.2 When the first and subsequent tests indicate noncompliance with the Contract Documents, all
retesting shall be performed by the same testing agency.
2.8.6 The CM@Risk will cooperate with the selected testing laboratory and all others responsible for
testing and inspecting the work and shall provide them access to the Work at all times.
2.8.7 At the option of the City, materials may be approved at the source of supply before delivery is
started.
2.8.8 Code compliance testing and inspections required by codes or ordinances, or by a plan approval
authority, and which are made by a legally constituted authority, shall be the responsibility of
and shall be paid by the CM@Risk as a Cost of the Work, unless otherwise provided in the
Contract Documents or unless required by Chapter 2269 of the Texas Government Code.
2.8.9 CM@Risk’s convenience and quality control testing and inspections shall be the sole
responsibility of the CM@Risk and paid by the CM@Risk as a Cost of the Work.
2.9 Trade Names and Substitutions.
2.9.1 Contract Document references to equipment, materials, or patented processes by
manufacturer, trade name, make or catalog number, unless indicated that no substitutions are
permitted, substitute, or alternate items may be permitted, subject to the following:
2.9.2 The substitution shall be submitted by CM@Risk in writing to the City.
2.9.3 The CM@Risk shall certify that the substitution will perform the functions and achieve the results
called for by the general design, be similar and of equal substance, and be suited to the same
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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.
2.10.2. Upon receipt of the reviewed Project Record Drawings from the City, the CM@Risk shall
correct any deficiencies and/or omissions to the drawings and prepare for submission to
the City within 14 Days.
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2.11 Project Safety
2.11.2. CM@Risk recognizes the importance of performing the Work in a safe manner so as to prevent
damage, injury, or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work,
including materials and equipment incorporated into the Work or stored on-Site or off-Site, and
(iii) all other property at the Site or adjacent thereto.
2.11.3. CM@Risk assumes responsibility for implementing and monitoring all safety precautions and
programs related to the performance of the Work.
2.11.4. CM@Risk shall, prior to commencing construction, designate a safety representative with the
necessary qualifications and experience to supervise the implementation and monitoring of all
safety precautions and programs related to the Work. Unless otherwise required by the Contract
Documents, CM@Risk’s safety representative shall be an individual stationed at the Site who
may have other responsibilities on the Project in addition to safety.
2.11.5. The safety representative shall make routine daily inspections of the Site and shall hold weekly
safety meetings with CM@Risk’s personnel, Subcontractors, and others as applicable.
2.11.6. CM@Risk and Subcontractors shall comply with all Legal Requirements relating to safety, as
well as any City-specific safety requirements set forth in the Contract Documents, provided that
such City-specific requirements do not violate any applicable Legal Requirement.
2.11.7. CM@Risk will report in writing any safety-related injury, loss, damage, or accident arising from
the Work to City’s Representative in not less than four (4) hours (via email); follow up with a full,
written report on details, causes and results of the incident within two (2) business days; and
submit an incident prevention and “lessons learned” plan within one (1) week of the occurrence.
To the extent mandated by Legal Requirements, report the incident as required to all
government or quasi-government authorities having jurisdiction over safety- related matters
involving the Project or the Work.
2.11.8. CM@Risk’s responsibility for safety under this Section is not intended in any way to relieve
Subcontractors of their own contractual and legal obligations and responsibility for (i) complying
with all Legal Requirements, including those related to health and safety matters, and (ii) taking
all necessary measures to implement and monitor all safety precautions and programs to guard
against injury, losses, damages or accidents resulting from their performance of the Work.
2.12 Warranty
2.12.1 CM@Risk warrants to City that the construction, including all materials and equipment furnished
as part of the construction, shall be new unless otherwise specified in the Contract Documents,
of good quality, in conformance with the Contract Documents and free of defects in materials
and workmanship.
2.12.2. CM@Risk’s warranty obligation excludes defects caused by abuse, alterations, or failure to
maintain the Work by persons other than CM@Risk or anyone for whose acts CM@Risk may
be liable.
2.12.3. CM@Risk’s warranty obligation shall be for two years.
2.12.4. Nothing in this warranty is intended to limit any manufacturer’s warranty which provides City with
greater warranty rights than set forth in this Section or the Contract Documents. CM@Risk will
provide City with all manufacturers’ warranties upon Substantial Completion.
2.12.5. See Exhibit V – Warranty Requirements for more detailed information on the CM@Risk’s
warranty responsibilities.
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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. A progress payment, or
partial or entire use or occupancy of the Project by the City, shall not constitute acceptance of
Work not in accordance with the Contract Documents.
2.13.3. During the Work, CM@Risk shall take meaningful steps to commence correction of such
nonconforming Work as notified by the City. This includes the correction, removal or
replacement of the nonconforming Work and any damage caused to other parts of the Work
affected by the nonconforming Work. If CM@Risk fails to commence the necessary steps during
the Work, City, in addition to any other remedies provided under the Contract Documents, may
provide CM@Risk, and its surety, with written notice that City will commence correction of such
nonconforming Work with its own forces.
2.13.4. CM@Risk shall, take meaningful steps to commence correction of nonconforming Work subject
to Section 2.12 above, within seven Days of receipt of written notice from City. This includes the
correction, removal or replacement of the nonconforming Work and any damage caused to other
parts of the Work affected by the nonconforming Work. If CM@Risk fails to commence the
necessary steps within such seven Day period, City, in addition to any other remedies provided
under the Contract Documents, may provide CM@Risk, and its surety, with written notice that
City will commence correction of such nonconforming Work with its own forces.
2.13.5. If City does perform such corrective Work, CM@Risk and/or its surety shall be responsible for
all reasonable costs incurred by City in performing such correction.
2.13.6. If the nonconforming Work creates an emergency requiring an immediate response, the
CM@Risk will respond and initiate corrections within twenty-four hours.
The two-year period referenced in Subsection 2.12.1 above applies only to CM@Risk’s obligation to correct
nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies
City may have regarding CM@Risk’s other obligations under the Contract Documents.
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.
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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.
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
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Shop Drawings, Product Data and Samples in accordance with Section 2.7.
3.3.2.4 Interpret and decide matters concerning performance under and requirements of the Contract
Documents on written request of either the City or CM@Risk. The Design Professional’s or
designated third party’s response to such requests will be made with reasonable promptness
and within any time limits agreed upon.
3.3.2.5 Prepare Change Orders and may authorize minor changes in the Work as provided in
Subsection 6.6.1.
3.3.2.6 Conduct reviews to determine Substantial Completion and Final Acceptance.
3.3.2.7 Receive and forward to the City for the City’s review and records written warranties and related
documents required by the Contract Documents and assembled by the CM@Risk.
3.4 City’s Separate Contractors. City is responsible for all work performed on the Project or at the
Site by separate contractors under City’s control. City shall contractually require its separate
contractors to cooperate with and coordinate their activities so as not to interfere with, CM@Risk
in order to enable CM@Risk to timely complete the Work consistent with the Contract
Documents. Any City separate contractors will be subject to City insurance and subrogation
requirements.
3.5 Permit Review and Inspections.
3.5.1 If requested by the CM@Risk, the City’s Representative will provide assistance and guidance
in obtaining necessary reviews, permits and inspections.
3.5.2 Regulating agencies of the City, such as Developmental Services, Fire and Planning
Departments, enforce Legal Requirements. These enforcement activities are not subject to the
responsibilities of the City under this Agreement.
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Article 4 - Contract Time
4.0. Contract Time.
4.0.1. Contract Time shall start with the commencement date established in the Notice to Proceed for
the first Approved GMP and end with Substantial Completion.
4.0.2. Each GMP will establish a separate commencement date and a date of Substantial Completion
and a Performance Period. The Performance Periods may not be sequential and may run
concurrently. The Performance Period to achieve Substantial Completion for each GMP shall
be set forth in each GMP submission.
4.0.3. CM@Risk agrees that it will commence performance of the Work and achieve the Performance
Periods and Contract Time.
4.0.4. All of the times set forth in this Article 4 shall be subject to adjustment in accordance Article 6.
4.1. Substantial Completion
4.1.1. Substantial Completion shall be for the entire Project unless a partial Substantial Completion is
identified in the approved GMP schedule and stated in the Notice to Proceed letter. Substantial
Completion shall be in accordance with its definition in Article 1. and with the criteria set forth in
the Notice to Proceed.
4.1.2. Prior to notifying the City in accordance with Subsection 4.1.3 below, the CM@Risk shall inspect
the Work and prepare and submit to the City a comprehensive list of items to be completed or
corrected. The CM@Risk shall proceed promptly to complete and correct items on the list.
Failure to include an item on such list does not alter the responsibility of the CM@Risk to
complete all Work in accordance with the Contract Documents.
4.1.3. CM@Risk shall notify City when it believes the Work, or to the extent permitted in the Contract
Documents, a portion of the Work, is substantially complete.
4.1.4. Within five (5) days of City’s receipt of CM@Risk’s notice, City and CM@Risk will jointly inspect
such Work to verify that it is substantially complete in accordance with the requirements of the
Contract Documents.
4.1.5. If such Work is substantially complete, City shall prepare and issue a Certificate of Substantial
Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof,
(ii) the remaining items of Work that have to be completed within thirty (30) calendar days before
Final Acceptance, (iii) provisions (to the extent not already provided in the Contract Documents)
establishing City’s and CM@Risk’s responsibility for the Project’s security, maintenance,
utilities, and insurance pending Final Acceptance, and (iv) an acknowledgment that warranties
commence to run on the date of Substantial Completion, except as may otherwise be noted in
the Certificate of Substantial Completion.
4.1.6. City, at its option, may use a portion of the Work which has been determined to be substantially
complete, provided, however, that (i) a Certificate of Substantial Completion has been issued
for the portion of Work addressing the items set forth in Subsection 4.1.5 above, (ii) CM@Risk
and City have obtained the consent of their sureties and insurers, and to the extent applicable,
the appropriate government authorities having jurisdiction over the Project, and (iii) City and
CM@Risk agree that City’s use or occupancy will not interfere with CM@Risk’s completion of
the remaining Work.
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4.2. Final Acceptance. Upon receipt of written notice that the Work or identified portions of the Work
is ready for final acceptance, City, Design Professional and CM@Risk will jointly verify that the
remaining items of Work have been completed as set forth in Subsection 4.1.5. The City will
issue a Final Acceptance Letter and payment pursuant to Section 7.5.
4.3. Liquidated Damages.
4.3.1. CM@Risk recognizes that TIME IS OF THE ESSENCE for the CM@Risk to achieve
Substantial Completion and City will suffer financial loss if the Work is not completed within the
Contract Time. The Contractor also recognizes the delays, expense and difficulties involved in
proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on
time. Accordingly, instead of requiring any such proof, Contractor shall pay City One Thousand
Dollars ($1,000.00) for each day of delay past thirty (30) calendar days after Substantial
Completion, as adjusted in accordance with the Contract, until the day the Final Acceptance
occurs with the exception of work subject to long-lead items, specialty material procurement, and
additional scope
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.
4.4.4. CM@Risk shall provide City with a monthly status report with each Project Schedule detailing
the progress of the Work, including: (i) if the Work is proceeding according to Project Schedule,
(ii) any discrepancies, conflicts, or ambiguities found to exist in the Contract Documents that
require resolution, and (iii) other items that require resolution so as not to jeopardize ability to
complete the Work as presented in the GMP proposal and within the Contract Time. Each status
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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.
4.4.6.7. The Project Schedule shall include a Critical Path activity that reflects anticipated rain delay
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during the performance of the Contract. The duration shall reflect the average climatic range
and usual industrial conditions prevailing in the locality of the site. Weather data shall be based
on information provided by the National Weather Services or other approved source.
4.4.7. The Project Schedule shall consider the City’s and the other stakeholder occupancy
requirements showing portions of the Project having occupancy priority, and Contract Time.
4.4.8. Float time shall be as prescribed below.
4.4.8.1. The total Float within the overall Project Schedule, is not for the exclusive use of either the City
or the CM@Risk but is jointly owned by both and is a resource available to and shared by both
parties as needed to meet contract Milestones and the Project contract time.
4.4.8.2. The CM@Risk shall not sequester shared Float through such strategies as extending activity
duration estimates to consume available Float, using preferential logic, or using extensive
crew/resource sequencing, etc. Since Float time within the Project Schedule is jointly owned,
no time extensions will be granted nor delay damages paid until a delay occurs which extends
the Work beyond the Substantial Completion date.
4.4.8.3. Since Float time within the Project Schedule is jointly owned, it is acknowledged that City-
caused delays on the Project may be offset by City-caused time savings (i.e., critical path
submittals returned in less time than allowed by the Contract, approval of substitution requests
and credit changes which result in savings of time to the CM@Risk, etc.). In such an event, the
CM@Risk shall not be entitled to receive a time extension or delay damages until all City-caused
time savings are exceeded, and the Substantial Completion date is also exceeded.
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Article 5- Contract Price
5.0. The CM@Risk agrees at his own proper cost and expense, to do all Work as aforesaid for the
construction of said improvements and to completely construct the same and install the material
therein, as called for by this Agreement free and clear of all claims, liens, and charges
whatsoever, in the manner and under the conditions specified within the time, or times, stated
in the approved GMP proposal.
5.1. Contract Price.
5.1.1. The Contract Price will be as approved in the Guaranteed Maximum Price proposal attached as
an Exhibit including an amount for Owner’s Contingency.
5.1.2. Guaranteed Maximum Price is composed of the following not-to-exceed cost reimbursable or
lump sum amounts defined below. The CM@Risk is at risk to cover any additional Project costs.
Any amounts in excess of the actual Cost of the Work and/or CM@Risk’s Contingency shall
revert to the City.
5.1.2.1 The Cost of the Work is actual costs and is a not-to-exceed reimbursable amount.
5.1.2.2 The General Conditions Costs and the Construction Fee are firm fixed lump sums, but subject
to adjustments as permitted in the Contract Documents.
5.1.3 Additional Marketplace Risk: After the City has executed this Construction Phase Agreement, the
CM@Risk will award Subcontractors’ contracts. CM@Risk will use its best efforts to award eighty
percent (80%) of those subcontracts (by value) within thirty (30) days of the City’s execution of the
Construction Phase Agreement; and ninety-five percent (95%) of those subcontracts within sixty (60)
days of that date. The CM@Risk and the City shall closely coordinate on the scope of work within the
remaining percentage of the unawarded subcontracts remaining after (60) days to accomplish
complete buy-out of the scope of work as soon as possible. Failure to meet the milestones set forth
in this section will limit the CM@Risk’s access to the Additional Marketplace Risk Contingency.
5.1.3.1 Within seventy (70) days after the City’s execution of this Construction Phase Agreement, a
reconciliation of the Guaranteed Maximum Price and the awarded subcontracts will be performed by
the CM@Risk, identifying savings beneath the Guaranteed Maximum Price (if any). These savings
shall be reallocated to the Owner’s Contingency; except as mutually agreed by the City and CM@Risk
to be collated into “Additional Marketplace Risk” line item(s) in the Schedule of Values. This Additional
Marketplace Risk is to (i) protect the Cost of the Work from known scope gaps between subcontracts,
as well as uncommitted commodities subject to future price changes (if any), not to exceed 1.0% of
the Guaranteed Maximum Price; and (ii) protect the Guaranteed Maximum Price from specific
Subcontractor(s)’ risk profile(s); and (iii) will be allocated accordingly in the Schedule of Values.
5.1.3.2 The CM@Risk will prepare, for the City’s review and approval, a schedule of dates by which the
CM@Risk will have resolved the issue(s) impacting each Additional Marketplace Risk line item, and
return the uncommitted amount to the Owner’s Contingency. Use of the Additional Marketplace Risk
by the CM@Risk before that date will be as mutually agreed by the City and CM@Risk to be
reasonable and necessary under the circumstances.
5.1.4 CM@Risk’s Contingency is an amount the CM@Risk may be used under the following
conditions: (1) at its discretion for increases in the Cost of the Work approved by the City which
shall not be reasonably withheld, or (2) with written approval of the City for increases in General
Condition Costs. CM@Risk’s Contingency is assumed to be a direct project cost so will have
received all markups at the time of GMP submission.
5.1.5.1 When the CM@Risk utilize CM@Risk’s Contingency funds, the CM@Risk shall make the
appropriate changes to the schedule of values with the next regular progress payment request.
The CM@Risk shall deduct the amount of CM@Risk’s Contingency funds used from the
CM@Risk’s Contingency line item and adding the same amount to the line item on the schedule
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of values where the funds were used. If the CM@Risk’s Contingency funds are used for a new
line item that was not given with the original schedule of values, that will be so indicated.
5.1.6 Owner’s Contingency are funds to be used at the discretion of the Owner to cover any increases
in Project costs that result from Owner directed changes or unforeseen site conditions. Owner’s
Contingency will be added to the GMP amount provided by the CM@Risk, the sum of which will
be the total contract price for construction. Markups for Construction Fee and taxes will be
applied by the CM@Risk at the time that Owner’s Contingency is used.
5.1.7 As a City public procurement project this Project is tax exempt. Appropriate tax exemption forms
shall be provided to the CM@Risk.
5.1.8 The GMP is subject to adjustments made in accordance with Article 6 and by GMP Amendments
to this Agreement.
5.1.9 GMP Amendments are cumulative not including CM@Risk Contingency. The amount of
CM@Risk Contingency for each GMP amendment will be negotiated separately and shall reflect
the CM@Risk’s risk from that point in the project forward.
5.1.9.1 If the GMP requires an adjustment due to changes in the Work or other causes as allowed in
the Contract Documents, the cost of such changes is determined subject to Article 6. The
markups that shall be allowed on such changes shall be no greater than the markups delineated
in Article 6.
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Article 6 - Changes to the Contract Price and Time
6.1. Delays to the Work
6.1.1. If CM@Risk is delayed in the performance of the Work that will cause a change in the date of
Substantial Completion due to acts, omissions, conditions, events, or circumstances beyond its
control and due to no fault of its own or those for whom CM@Risk is responsible, the Contract
Times for performance shall be reasonably extended by Change Order.
6.1.2. The CM@Risk shall request an increase in the Contract Time by written notice including an
estimate of probable effect of delay on progress of the Work. In the case of a continuing delay
only one request is necessary. Such notice shall not be later than fourteen (14) Days after such
condition or event has been encountered.
6.1.3. By way of example, events that will entitle CM@Risk to an extension of the Contract Time
include acts or omissions of City or anyone under City’s control (including separate contractors),
changes in the Work, Differing Site Conditions, delays by regulating agencies, wars, floods,
labor disputes, unusual delay in transportation, epidemics, earthquakes, adverse weather
conditions not reasonably anticipated, and other acts of God.
6.1.4. If adverse weather conditions are the basis for a request for additional Contract Time, such
requests shall be documented by data substantiating that weather conditions were abnormal for
the period of time and that weather conditions had an adverse effect on the scheduled
Substantial Completion.
6.1.4.1. In allowing delays for weather, the City will be entitled to consider weather conditions prevailing
throughout the entire Contract period. The City and CM@Risk will together reconcile actual
working days lost and gained over the entire Contract period every ninety (90) days. The
CM@Risk shall then adjust the activities for the schedule’s Float reserves where those activities
are carried in the CM@Risk’s Project Schedule (if any).
6.1.5. It is understood, however, that permitting the CM@Risk to proceed to complete any Work, or
any part of the Work, after the date to which the time of completion may have been extended,
shall in no way act as a waiver on the part of the City of any of its legal rights herein.
6.1.6. In addition to CM@Risk’s right to a time extension for those events set forth in this Section,
CM@Risk shall also be entitled to an appropriate adjustment of the Contract Price provided,
however, that the Contract Price shall not be adjusted for those events set forth in this Section
that are beyond the control of both CM@Risk and City, including the events of war, floods, labor
disputes, earthquakes, epidemics, adverse weather conditions not reasonably anticipated, and
other acts of God. In the event of an occurrence under this Section, the CM@Risk and any
Subcontractors will be excused from any further performance or observance of the requirements
so affected for as long as such circumstances prevail, and the CM@Risk and any
Subcontractors continues to use commercially reasonable efforts to recommence performance
or observance whenever and to whatever extent possible without delay. Any Subcontractors of
the CM@Risk shall immediately notify the CM@Risk, who shall then immediately notify the City
Project Manager by telephone of any such circumstances or event (to be confirmed in writing
within five (5) calendar days of the inception of such occurrence) and describe at a sufficient
level of detail the circumstances causing the non-performance or delay in performance.
6.1.7. If either the Work actually in place falls behind as reflected by the currently updated Project
Schedule, or it becomes apparent or likely in the reasonable opinion of the City that the Work
will not be completed within the Contract Time or in accordance with the CM@Risk’s Project
Schedule, due to delays caused by the CM@Risk or its subcontractors, the CM@Risk agrees it
shall, as necessary, take some or all of the following actions (hereinafter referred to collectively
as “Extraordinary Measures”) at no additional cost to the City or their consultants, as required
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to substantially eliminate, in the judgment of the City, the backlog of CM@Risk’s Work on the
Project:
6.1.7.1. Increase quantities of, without limitation, labor, supervision, material deliveries, equipment on
site, and crafts as necessary;
6.1.7.2. Increase the number of working hours per shift, shifts per working day, working days per week,
or any combination of the foregoing;
6.1.7.3. Reschedule activities to achieve maximum practical concurrence of accomplishment; and
6.1.7.4. Do whatever else is reasonably required by the City.
6.1.8. These Extraordinary Measures shall continue until the progress of the Work complies with the
stage of completion required by the Contract Documents. The City’s right to require
Extraordinary Measures is solely for the purpose of ensuring the CM@Risk’s compliance with
the CM@Risk’s Schedule.
6.1.9. In the event of such a delay, the City may also require the CM@Risk to immediately submit a
Proposed Recovery Schedule for its review and approval, demonstrating to the City’s
satisfaction the effect of applying the necessary and continuing Extraordinary Measures required
to recover the Substantial Completion date shown in the most currently approved Project
Schedule.
6.2 Differing Site Conditions
6.2.1 If CM@Risk encounters a Differing Site Condition, CM@Risk will be entitled to an adjustment
in the Contract Price and/or Contract Times to the extent CM@Risk’s cost and/or time of
performance are adversely impacted by the Differing Site Condition.
6.2.2 Upon encountering a Differing Site Condition, CM@Risk shall provide prompt written notice to
City of such condition, which notice shall not be later than seven (7) days after such condition
has been encountered. CM@Risk shall, to the extent reasonably possible, provide such notice
before the Differing Site Condition has been further or substantially disturbed or altered.
6.3 Errors, Ambiguities, Discrepancies and Omissions.
6.3.1 If the CM@Risk observes errors, ambiguities, discrepancies, or omissions in the Contract
Documents, they shall promptly notify the Design Professional and request clarification.
6.3.2 If the CM@Risk proceeds with the Work affected by such known errors, ambiguities,
discrepancies, or omissions, without receiving such clarifications, they do so at their own risk.
Adjustments involving such circumstances made by the CM@Risk prior to clarification by the
Design Professional shall be at the CM@Risk’s risk.
6.4 City Requested Change in Work.
6.4.1 The City reserves the right to make, at any time during the progress of the Work, such
alterations as may be found necessary or in the City’s best interest.
6.4.2 Such alterations and changes shall not invalidate this Agreement nor release the surety and
the CM@Risk agrees to perform the Work as altered, the same as if it has been a part of the
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original Contract Documents.
6.4.3 The City will request a proposal for a change in Work from CM@Risk, and an equitable
adjustment in the Contract Price and/or Contract Times shall be made based on a mutual
agreed upon cost and time.
6.5. Legal Requirements.
6.5.1. The Contract Price and/or Contract Times shall be adjusted to compensate CM@Risk for the
effects of any changes in the Legal Requirements enacted after the date of the Agreement or
the date of the GMP proposal, affecting the performance of the Work.
6.6. Change Directives and Change Orders.
6.6.1. City and CM@Risk shall negotiate in good faith and as expeditiously as possible the appropriate
adjustments for a Change Directive. Upon reaching an agreement, the parties shall prepare and
execute an appropriate Change Order reflecting the terms of the adjustment.
6.6.2. All changes in Work authorized by Change Orders shall be performed under the conditions of
the Contract Documents
6.7. Minor Changes in the Work
6.7.1. The City has authority to order minor changes in Work that do not materially and adversely affect
the Work, including the design, quality, performance, and workmanship required by the Contract
Documents. Such changes shall be affected by written order and shall be binding on the City
and CM@Risk. The CM@Risk shall carry out such written orders promptly.
6.7.2. CM@Risk may make minor changes in Work, provided, however that CM@Risk shall promptly
inform City, in writing, of any such changes and record such changes, if appropriate, on the
Project Record Documents maintained by CM@Risk.
6.7.3. Minor changes in Work will not involve an adjustment in the Contract Price and/or Contract Times.
6.8. Contract Price Adjustments
6.8.1. The increase or decrease in Contract Price resulting from a change in the Work shall be handled
in accordance with the provisions of Section 2251.0521 of the Texas Government Code and
determined by one or more of the following methods:
6.8.1.1. Unit prices set forth in the Agreement or as subsequently agreed to between the parties;
6.8.1.2. A mutually accepted, lump sum, properly itemized and supported by sufficient substantiating
data to permit evaluation by City; or
6.8.1.3. Estimated cost of the Work, General Conditions Costs, if applicable, Construction Fee and tax.
6.8.2. The markups for overhead and profit that shall be allowed on the Cost of the Work driven by
each change shall be no greater than that specified in Section 6.8.5 below.
6.8.3. If an increase or decrease cannot be agreed to as set forth in Subsections 6.8.1.1 through
6.8.1.3 above and City issues a Change Directive, the cost of the change of the Work shall be
determined by the verifiable, actual expenses and savings in the performance of the Work
resulting from the change, including a reasonable overhead and profit as shown in Section 6.8.5
below. CM@Risk shall maintain a documented, itemized accounting evidencing the expenses
and savings associated with such changes.
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6.8.4. Cost of the Work for the purposes of this Section 6.8, and in calculating overhead and profit
shall be limited to the following:
6.8.4.1. Costs of labor, including applicable and verifiable payroll taxes, fringe benefits required by
agreement, workers’ compensation insurance, and other employee costs approved by the City;
6.8.4.2. Costs of materials, supplies, and equipment, including cost of transportation, whether
incorporated or consumed;
6.8.4.3. Rental costs of machinery and equipment, exclusive of hand tools, whether rented from the
CM@Risk or others;
6.8.4.4. Costs of premiums for all bonds and insurance, permit fees, and sales, use, or similar taxes,
directly related to the change; and
6.8.4.5. Additional, verifiable payroll and subsistence costs incurred by the CM@Risk, Subcontractor,
and Sub-subcontractor of field personnel directly attributable to the change.
6.8.5. The allowance for the combined total of onsite and offsite overhead and profit included in the
total cost to the City for proposed Change Orders shall be based on the following schedule
6.8.5.1. For the CM@Risk, for Work performed by the CM@Risk’s own forces, CM@Risk’s fee
percentage shown in the GMP plus actual direct jobsite costs associated with the additional
work, if any;
6.8.5.2. For the CM@Risk, for Work performed by the CM@Risk’s Subcontractor, CM@Risk’s fee
percentage shown in the GMP plus actual direct jobsite costs associated with the additional
work, if any;
6.8.5.3. For each Subcontractor or sub-Subcontractor involved, for Work performed by that
Subcontractor or Sub-subcontractor’s own forces, ten percent (10%) of the cost;
6.8.5.4. For each Subcontractor, for Work performed by the Subcontractor’s sub-Subcontractors, five
percent (5%) of the amount due the sub-Subcontractor;
6.8.5.5. Under no circumstance shall costs of the CM@Risk’s supervisory, management, administrative
or other office personnel, regardless of where stationed, be paid as cost of the Work for such a
change. Conversely, the CM@Risk shall be compensated for such personnel within the
overhead and profit percentage specified in this Section 6.8.4.
6.8.5.6. In order to facilitate checking of quotations for extras or credits, all proposals, except those so
minor that their propriety can immediately be seen by inspection, shall be accomplished by a
complete itemization of quantities and costs including labor, materials, and subcontracts. Labor
and materials shall be itemized in the manner prescribed above. Where major cost items are
subcontracts, they shall be itemized also;
6.8.5.7. When both additions and credits are involved in any change, the allowance for overhead and
profit shall be figured on the basis of the net increase or decrease, if any; and
6.8.5.8. Overtime, when specifically authorized by the City and not as a requirement for the CM@Risk
to fulfill its obligations under this Agreement, shall be paid for by the City on the basis of premium
payment only, plus the cost of insurance and taxes based on the premium payment period.
Overhead and profit will not be paid by the City for overtime.
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6.8.6. If unit prices are set forth in the Contract Documents or are subsequently agreed to by the
parties, but application of such unit prices will cause substantial inequity to City or CM@Risk
because of differences in the character or quantity of such unit items as originally contemplated,
such unit prices shall be equitably adjusted.
6.8.7. If City and CM@Risk disagree upon whether CM@Risk is entitled to be paid for any services
required by City, or if there are any other disagreements over the scope of Work or proposed
changes to the Work, City and CM@Risk shall resolve the disagreement pursuant to Article 8
hereof.
6.8.7.1. As part of the negotiation process, CM@Risk shall furnish City with a good faith estimate of the
costs to perform the disputed services in accordance with City’s interpretations.
6.8.7.2. If the parties are unable to agree and City expects the CM@Risk to perform the services in
accordance with City’s interpretations, CM@Risk shall proceed to perform the disputed
services, conditioned upon City issuing a written order to CM@Risk (i) directing CM@Risk to
proceed and (ii) specifying City’s interpretation of the services that are to be performed unless
otherwise prohibited under Section 2251.0521 of the Texas Government Code.
6.8.8. Emergencies. In any emergency affecting the safety of persons and/or property, CM@Risk
shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the
Contract Price and/or Contract Time resulting from emergency work under this Section shall be
determined as provided in this Article.
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Article 7- Procedure for Payment
7.0. For and in consideration of the faithful performance of the Work herein embraced as set forth in
the Contract Documents, which are a part hereof and in accordance with the directions of the
City and to its satisfaction, the City agrees to pay the said CM@Risk the actual Cost of the Work
and any applicable General Conditions Costs including, insurance and bonding, taxes, if any,
and the CM@Risk’s Construction Fee, but no more than the GMP as adjusted by any Change
Orders. Payment for the specific work under this Agreement will be made in accordance with
payment provisions detailed below.
7.1. GMP Payment Request
7.1.1. At the pre-construction conference prescribed in Section 2.4, CM@Risk shall submit for City’s
review and approval a schedule of values. The schedule of values will serve as the basis for
monthly progress payments made to CM@Risk throughout the Work.
7.1.2. At least five (5) working days prior to the date established for a Payment Request, the CM@Risk
shall submit an updated Project Schedule and meet with the City’s Representative to review the
progress of the Work as it will be reflected on the Payment Request.
7.1.3. The Payment Request shall constitute CM@Risk’s representation that the Work has been
performed consistent with the Contract Documents, has progressed to the point indicated in the
Payment Request, and that all Work will pass to City free and clear of all claims, liens,
encumbrances, and security interests upon the incorporation of the Work into the Project and
payment, therefore.
7.1.4. The Payment Request may request payment for stored equipment and materials if construction
progress is in reasonable conformance with the approved Project Schedule.
7.1.4.1. For equipment and materials suitably stored at the Site, the equipment and materials shall be
protected by suitable insurance and City shall receive the equipment and materials free and
clear of all liens and encumbrances upon payment, therefore.
7.1.4.2. For materials and equipment stored off the Site and included in Payment Request, the City must
approve the storage. The material and equipment must be stored within Denton County and be
accessible for City’s inspection. The CM@Risk must protect the City’s interest and shall include
applicable insurance, bonding, storage, and transportation to the Site.
7.1.4.3. All bonds and insurance required for stored materials shall name the City as the loss payee to
the extent of its interest in the stored materials.
7.1.5. CM@Risk shall submit payment requests to the City at the beginning of each month beginning
with the first month after the construction Notice to Proceed.
7.1.6. With every Payment Request for the Work, CM@Risk will submit an affidavit stating that the
CM@Risk has complied with the requirements of Chapter 2258, Texas Government Code. The
parties hereto agree that any electronic copy of such affidavit shall be treated as an original for
all intents and purposes.
7.2. Payment of GMP
7.2.1. City shall make payment in accordance with the provisions of this Contract and Chapter 2251
of the Texas Government Code. Payment will be made no later than thirty (30) Days after the
Payment Request is received by the City, but in each case less the total of payments previously
made, and less amounts properly retained under Section 7.3 below.
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7.2.2. City shall pay CM@Risk all amounts properly due. If City determines that there is an error in the
Payment Request and the CM@Risk is not entitled to all or part of a Payment Request, it will
notify CM@Risk in writing within twenty-one (21) Days after the date Payment Request is
received by the City. The notice shall indicate the specific amounts City intends to withhold, the
reasons and contractual basis for the withholding, and the specific measures CM@Risk must
take to rectify City’s concerns. CM@Risk and City will attempt to resolve City’s concerns. If the
parties cannot resolve such concerns, CM@Risk may pursue its rights under the Contract
Documents, including those under Article 8 hereof.
7.3. Retention on GMP
7.3.1. City will retain five percent (5%) of each Payment Request amount provided.
7.4. Substantial Completion. Upon Substantial Completion of the entire Work or, if applicable, any
portion of the Work, City shall release to CM@Risk all retained amounts relating, as applicable,
to the entire Work or substantially completed portion of the Work, less an amount of the
reasonable value of all remaining or incomplete items of Work as noted in the Certificate of
Substantial Completion.
7.5. Final Payment
7.5.1. After receipt of a final Payment Request, City shall make final payment 30 days after the receipt
by the City, provided that CM@Risk has completed all of the Work in conformance with the
Contract Documents and a Final Acceptance Letter has been issued by the City.
7.5.2. At the time of submission of its final Payment Request, CM@Risk shall provide the following
information:
7.5.2.1. An affidavit that there are no claims, obligations, or liens outstanding or unsatisfied for labor,
services, material, equipment, taxes, or other items performed, furnished or incurred for or in
connection with the Work which will in any way affect City’s interests;
7.5.2.2. A general release executed by CM@Risk waiving, upon receipt of final payment by CM@Risk,
all claims, except those claims previously made in writing to City and remaining unsettled at the
time of final payment;
7.5.2.3. Conditional waivers and releases executed by all Subcontractors; and
7.5.2.4. Consent of CM@Risk’s surety, if any, to final payment (original with raised seal).
7.6. Payments to Subcontractors or Suppliers
7.6.1. CM@Risk shall pay its Subcontractors or suppliers within ten (10) Days of receipt of each
progress payment from the City. The CM@Risk shall pay for the amount of Work performed or
materials supplied by each Subcontractor or supplier as accepted and approved by the City with
each progress payment. In addition, any reduction of retention by the City to the CM@Risk shall
result in a corresponding reduction to Subcontractors or suppliers who have performed
satisfactory work. CM@Risk shall pay Subcontractors or suppliers the reduced retention within
ten (10) Days of the payment of the reduction of the retention to the CM@Risk. No contract
between CM@Risk and its Subcontractors and suppliers may materially alter the rights of any
Subcontractor or supplier to receive prompt payment and retention reduction as provided herein.
7.6.2. If the CM@Risk fails to make payments in accordance with these provisions, the City may take
any one or more of the following actions and CM@Risk agrees that the City may take such
actions:
7.6.2.1. To hold the CM@Risk in default under this Agreement;
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7.6.2.2. Withhold future payments including retention until proper payment has been made to
Subcontractors or suppliers in accordance with these provisions;
7.6.2.3. Reject all future offers to perform work for the City from the CM@Risk for a period not to exceed
one year from Substantial Completion date of this Project; or
7.6.2.4. Terminate this Agreement.
7.6.3. All funds paid to the CM@Risk are paid in trust and shall be used for payment of the
Subcontractors and Suppliers who have performed work on the Project before the CM@Risk
may use any of the funds for any other purpose. Nothing in this provision shall prohibit the
CM@Risk from withholding any funds in dispute or back charges or offsets under the provisions
of the Subcontract. The CM@Risk shall include a trust fund provision in each subcontract
requiring the subcontractor to hold any payment its receives in trust and to use them for payment
of its subcontractors and suppliers who have performed work on the Project before
Subcontractor may use the funds for any other purpose.
7.6.4. Should the City fail or delay in exercising or enforcing any right, power, privilege, or remedy
under this Section, such failure or delay shall not be deemed a waiver, release, or modification
of the requirements of this Section or of any of the terms or provisions thereof.
7.6.5. CM@Risk shall include these prompt payment provisions in every subcontract, including
procurement of materials and leases of equipment for this Agreement.
7.7. Record Keeping, Audits and Finance Controls
7.7.1. Full and detailed records of the CM@Risk's direct personnel payroll, reimbursable expenses
pertaining to the Cost of the Work for this Project and records of accounts between the City and
CM@Risk shall be kept on a generally recognized accounting basis consistently applied, and
shall be available for five years after Final Acceptance of the Project, or for such longer period
as may be required by law. The accounting and control systems shall be as necessary for proper
financial management under this Agreement; and as required to substantiate all costs incurred
to the satisfaction of the City.
7.7.2. The City, its authorized representative, and/or the appropriate federal agency (if any), reserve
the right to audit the CM@Risk’s records to verify the accuracy and appropriateness of all pricing
data, including data used to negotiate Contract Documents and any Change Orders.
7.7.2.1. Specifically, the City and the City’s authorized auditors shall, during regular business hours and
upon reasonable notice, be afforded access to electronically or within 50 miles of Denton, and
shall be permitted to audit, inspect and copy, the CM@Risk’s records and accounts, including
complete documentation supporting actual, direct and "bare" labor costs, job–cost coded labor
reports, accounting entries, books, job cost reports, correspondence, instructions, drawings,
receipts, subcontracts, Subcontractor’s proposals, Subcontractor’s invoices, purchase orders,
vouchers, memoranda, and other information or data relating to this Agreement.
7.7.3. The City reserves the right to decrease Contract Price and/or payments made on this Agreement
if, upon audit of the CM@Risk’s records, the audit discloses the CM@Risk has provided false,
misleading, or inaccurate cost and pricing data.
7.7.4. The CM@Risk shall include a similar provision in all of its agreements with Subconsultants and
Subcontractors providing services under the Contract Documents to ensure the City, its
authorized representative, and/or the appropriate federal agency, has access to the
Subconsultants’ and Subcontractors’ records to verify the accuracy of cost and pricing data.
7.7.5. The City reserves the right to decrease Contract Price and/or payments made on this Agreement
if the above provision is not included in Subconsultant’s and Subcontractor’s contracts, and one
or more Subconsultants and/or Subcontractors do not allow the City to audit their records to
verify the accuracy and appropriateness of pricing data.
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Article 8- Claims and Disputes
8.0. Requests for Contract Adjustments and Relief.
8.0.1. If either CM@Risk or City believes that it is entitled to relief against the other for any event
arising out of or related to the Contract, such party shall provide written notice to the other party
of the basis for its claim for relief.
8.0.2. Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance
with any specific notice requirements contained in applicable sections of the Agreement.
8.0.3. In the absence of any specific notice requirement, written notice shall be given within a
reasonable time, not to exceed twenty-one (21) Days, after the occurrence giving rise to the
claim for relief or after the claiming party reasonably should have recognized the event or
condition giving rise to the request, whichever is later.
8.0.4. Such notice shall include sufficient information to advise the other party of the circumstances
giving rise to the claim for relief, the specific contractual adjustment or relief requested and the
basis of such request.
8.1. Dispute Avoidance and Resolution
8.1.1. The parties are fully committed to working with each other throughout the Project and agree to
always communicate regularly with each other so as to avoid or minimize disputes or
disagreements. If disputes or disagreements do arise, CM@Risk and City each commit to
resolving such disputes or disagreements in an amicable, professional, and expeditious manner
so as to avoid unnecessary losses, delays, and disruptions to the Work.
8.1.2. CM@Risk and City will first attempt to resolve disputes or disagreements at the field level
through discussions between CM@Risk’s Representative and City’s Representative.
8.1.3. If a dispute or disagreement cannot be resolved through CM@Risk’s Representative and City’s
Representative, CM@Risk’s Senior Representative and City’s Senior Representative, upon the
request of either party, shall meet as soon as conveniently possible, but in no case later than
thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement.
Prior to any meetings between the Senior Representatives, the parties will exchange relevant
information that will assist the parties in resolving their dispute or disagreement. Should this
effort be unsuccessful then the parties may proceed to take appropriate action to enforce any
rights or obligations pursuant to the provisions of the Contract.
8.2. Duty to Continue Performance Unless provided to the contrary in the Contract Documents or
as provided by statute, CM@Risk shall continue to perform the Work and City shall continue to
satisfy its payment obligations to CM@Risk, pending the final resolution of any dispute or
disagreement between CM@Risk and City.
8.3. Representatives of the Parties
8.3.1. City’s Representatives
8.3.1.1. City designates the City Engineer or their designee as its Senior Representative (“City’s Senior
Representative”), which individual has the authority and responsibility for avoiding and resolving
disputes under Subsection 8.1.3.
8.3.1.2. City designates the City’s project manager as its City’s Representative, which individual has
the authority and responsibility set forth in Subsection 8.1.2.
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8.3.2. CM@Risk’s Representatives
8.3.2.1. CM@Risk designates the individual listed below as its Senior Representative (“CM@Risk’s
Senior Representative”), which individual has the authority and responsibility for avoiding and
resolving disputes under Subsection 8.1.3:
Scott DePauw, Executive Vice President
1301 Lawson Road
Fort Worth, Texas 76131
(817) 232-4742
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:
Brian Hennington, Senior Project Manager
1301 Lawson Road
Fort Worth, Texas 76131
(817) 232-4742
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Article 9 – Suspension and Termination
9.0. City’s Right to Stop Work
9.0.1. City may, at its discretion and without cause, order CM@Risk in writing to stop and suspend the
Work. Such suspension shall not exceed one hundred and eighty (180) consecutive Days.
9.0.2. CM@Risk may seek an adjustment of the Contract Price and/or Contract Time if its cost or time
to perform the Work has been adversely impacted by any suspension or stoppage of Work by
City.
9.1. Termination for Convenience
9.1.1. Upon receipt of written notice to CM@Risk, City may, at its discretion and without cause, elect
to terminate this Agreement. In such event, City shall pay CM@Risk only the direct value of its
completed Work and materials supplied as of the date of termination and the reasonable costs
and expenses attributable to such termination. CM@Risk shall be entitled to profit and overhead
on completed Work only but shall not be entitled to anticipated profit or anticipated overhead.
9.1.2. If the City suspends the Work for 181 consecutive Days or more, such suspension shall be
deemed a termination for convenience.
9.1.3 Upon such termination, the CM@Risk shall proceed with the following obligations:
9.1.3.1 Stop Work as specified in the notice.
9.1.3.2 Place no further subcontracts or orders.
9.1.3.3 Terminate all subcontracts to the extent they relate to the Work terminated and finalize all settlement
proposals.
9.1.3.4 Take any action that may be necessary for the protection and preservation of the property
related to the Contract that is in the possession of the CM@Risk and which the City has or may
acquire an interest.
9.1.4 The CM@Risk shall submit complete termination inventory schedules no later than 120 Days
from the date of the notice of termination.
9.1.5 The City shall pay CM@Risk the following.
9.1.5.1 The direct, verifiable value of its completed Work and materials supplied as of the date of termination.
9.1.5.2 The reasonable, verifiable costs and expenses attributable to such termination.
9.1.5.3 CM@Risk shall be entitled to profit and overhead on completed Work only but shall not be
entitled to anticipated profit or anticipated overhead. Neither shall the CM@Risk be entitled to
any costs for lost opportunity, or any other similar, consequential damages. If it appears the
CM@Risk would have sustained a loss on the entire Work had it been completed, the CM@Risk
shall not be allowed profit and the City shall reduce the settlement to reflect the indicated rate
of loss.
9.1.6 The CM@Risk shall maintain all records and documents for five years after final settlement.
These shall be maintained and subject to auditing as prescribed in Section 7.7.
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9.2. City’s Right to Perform and Terminate for Cause
9.2.1. If the City provides the CM@Risk with a written order to provide adequate maintenance of traffic,
adequate cleanup, adequate dust control or to correct deficiencies or damage resulting from
abnormal weather conditions, and the CM@Risk fails to comply in a time frame specified, the
City may have a portion of the Work included in the written order accomplished by other sources.
9.2.2. If CM@Risk persistently fails to: (i) provide a sufficient number of skilled workers; (ii) supply the
materials required by the Contract Documents; (iii) comply with applicable Legal Requirements;
(iv) timely pay, without cause, Subconsultants and/or Subcontractors; (v) prosecute the Work
with promptness and diligence to ensure that the Work is completed within the Contract Times,
as such times may be adjusted; or (vi) perform material obligations under the Contract
Documents, then City, in addition to any other rights and remedies provided in the Contract
Documents or by law, shall have the rights set forth in Subsections 9.2.3 and 9.2.4 below.
9.2.3. Upon the occurrence of an event set forth in Subsection 9.2.2 above, City may provide written
notice to CM@Risk, with a copy to the surety, if any, that it intends to terminate the Agreement
unless the problem cited is cured, or commenced to be cured, within seven (7) Days of
CM@Risk’s receipt of such notice.
9.2.3.1. If CM@Risk fails to cure, or reasonably commence to cure, such problem, then City may give a
second written notice to CM@Risk, with a copy to the surety, if any, of its intent to terminate
within an additional seven (7) Day period.
9.2.3.2. If CM@Risk, within such second seven (7) Day period, fails to cure, or reasonably commence
to cure, such problem, then City may declare the Agreement terminated for default by providing
written notice to CM@Risk of such declaration, with a copy to the surety, if any.
9.2.4. Upon declaring the Agreement terminated pursuant to Subsection 9.2.3.2 above, City may enter
upon the premises and take possession, for the purpose of completing the Work, of all materials
which have been purchased for the performance of the Work, all of which CM@Risk hereby
transfers, assigns and sets over to City for such purpose, and to employ any person or persons
to complete the Work and provide all of the required labor, services, materials, equipment and
other items.
9.2.5. In the event of such termination, CM@Risk shall not be entitled to receive any further payments
under the Contract Documents until the Work shall be finally completed in accordance with the
Contract Documents. At such time, the CM@Risk will only be entitled to be paid for Work
performed and accepted by the City prior to its default.
9.2.6. If City’s cost and expense of completing the Work exceeds the unpaid balance of the Contract
Price, then CM@Risk shall be obligated to pay the difference to City. Such costs and expense
shall include not only the cost of completing the Work, but also losses, damages, costs and
expense, including attorneys’ fees and expenses, incurred by City in connection with the
reprocurement and defense of claims arising from CM@Risk’s default.
9.2.7. If City improperly terminates the Agreement for cause, the termination for cause shall be
converted to a termination for convenience in accordance with the provisions of Section 9.1.
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Article 10 - Insurance and Bonds
10.0. Insurance Requirements
10.0.1 CM@Risk and Subcontractors shall procure and maintain until all of their obligations under this
agreement have been discharged, including until any warranty periods under this Agreement
are satisfied, insurance against claims for injury to persons or damage to property that may arise
from or in connection with the performance of the Work hereunder by the CM@Risk, their
agents, representatives, employees, or Subcontractors.
10.0.2 The insurance requirements herein are minimum requirements for this Agreement and in no way
limit the indemnity covenants contained in this Agreement.
10.0.3 The City in no way warrants that the minimum limits contained herein are sufficient to protect
the CM@Risk from liabilities that might arise out of the performance of the Work under this
Agreement by the CM@Risk, their agents, representatives, employees, or subcontractors.
CM@Risk is free to purchase such additional insurance as may be determined necessary.
10.1 Minimum Scope and Limits of Insurance. CM@Risk shall provide coverage with limits of
liability not less than those stated below:
10.1.1 Commercial General Liability – Occurrence Form
Policy shall include bodily injury, property damage, broad form contractual liability and XCU
coverage.
• General Aggregate/for this Project $2,000,000/$1,000,000
• Products – Completed Operations Aggregate $1,000,000
• Personal and Advertising Injury $1,000,000
• Each Occurrence $1,000,000
The policy shall include endorsement CG2503 Amendment of limits (designated project or premises)
in order to extend the policy’s limits specifically to the project in question.
The policy shall be endorsed to include the following additional insured language: “The City of
Denton, its Officials, and Employees shall be named as an additional insured with respect
to liability arising out of the activities performed by, or on behalf of the CM@Risk. This
policy shall provide a blanket waiver of subrogation in favor of the City of Denton. A copy
of the endorsement or other policy provisions naming the City as an additional insured
to the insurance policy and providing a blanket waiver of subrogation in favor of the City
of Denton, its Officials, and Employees shall be attached to the certificate of insurance.”
10.1.2 Automobile Liability - Bodily injury and property damage for any owned, hired, and non-owned
vehicles used in the performance of this Agreement.
Combined Single Limit (CSL) $1,000,000
The policy shall be endorsed to include the following additional insured language: “The City of
Denton, its Officials, Employees, and Volunteers shall be named as an additional insured
with respect to liability arising out of the activities performed by, or on behalf of the
CM@Risk, including automobiles owned, leased, hired or borrowed by the CM@Risk This
policy shall provide a blanket waiver of subrogation in favor of the City of Denton. A copy
of the endorsement or other policy provisions naming the City as an additional insured
to the insurance policy and providing a blanket waiver of subrogation in favor of the City
of Denton, its Officials, and Employees shall be attached to the certificate of insurance.”
10.1.3 Workers’ Compensation and Employers’ Liability
Workers’ Compensation Statutory
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Employers’ Liability
Each Accident $100,000
Disease - Each Employee $100,000
Disease – Policy Limit $500,000
This policy shall provide a blanket waiver of subrogation in favor of the City of Denton. A copy
of the endorsement or other policy provisions providing a blanket waiver of subrogation in favor
of the City of Denton, its Officials, and Employees shall be attached to the certificate of
insurance.”
10.1.4 Builders’ Risk Insurance or Installation Floater
In an amount equal to the initial Contract Price plus additional coverage equal to Contract Price
for all subsequent Amendments and/or Change Orders.
10.1.4.1 The 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 whichever of the following shall first occur: (i) final payment has
been made; or, (ii) until no person or entity, other than the City of Denton, has an insurable
interest in the property required to be covered.
10.1.4.4 Policy shall be endorsed such that the insurance shall not be canceled or lapse because of any
partial use or occupancy by the City.
10.1.4.5 Policy must provide coverage from the time any covered property becomes the responsibility of
the CM@Risk, and continue without interruption during construction, renovation, or installation,
including any time during which the covered property is being transported to the construction
installation site, or awaiting installation, whether on or off site.
10.1.4.6 Loss, if any, shall be adjusted with and made payable to the City of Denton as Trustee for the insureds
as their interests may appear.
10.1.4.7 This policy shall provide a blanket waiver of subrogation in favor of the City of Denton.
A copy of the endorsement or other policy provisions naming the City as an additional
insured to the insurance policy and providing a blanket waiver of subrogation in favor of
the City of Denton, its Officials, and Employees shall be attached to the certificate of
insurance.”
10.1.4.8 CM@Risk is responsible for the payment of all policy deductibles.
10.2 Additional Insurance Requirements. The policies shall include, or be endorsed to include the
following provisions:
10.2.1 On insurance policies where the City of Denton is named as an additional insured, the City of
Denton shall be an additional insured to the 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
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If CONTRACTOR, SUBCONTRACTOR, or SUBCONSULTANT is a licensed or certified person
who renders professional services, then Professional Liability Insurance to provide coverage
against any claim which the CONTRACTOR, SUBCONTRACTOR, or SUBCONSULTANT
becomes legally obligated to pay as damages arising out of the performance of professional
services caused by any negligent error, omission or act with minimum limits of $1,000,000.00
per claim, $2,000,000.00 annual aggregate.
10.3 Notice of Cancellation. Each insurance policy required by the insurance provisions of this
Agreement shall provide the required coverage and shall not be suspended, voided, canceled,
reduced in coverage, materially changed, or endorsed to lower limits except after thirty (30)
Days prior written notice has been given to the City. Such notice shall be sent directly to the City
Senior Representative and shall be sent by certified mail, return receipt requested.
10.4 Acceptability of Insurers. Insurance is to be placed with insurers duly licensed or approved
unlicensed companies in the state of Texas and with an “A.M. Best” rating of at least A or better.
The City in no way warrants that the above-required minimum insurer rating is sufficient to
protect the CM@Risk from potential insurer insolvency.
10.5 Verification of Coverage
10.5.1 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. 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
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in this provision, the performance and payment bonds must comply with all requirements of
Chapter 2253 of the Texas Government Code.
10.8.2 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 Project Specific plans take precedence over Specifications. Should there be a conflict within the
Specifications; or within the Plans; or between the Plans and Specifications; however, the
Design Professional be made aware of such conflict in writing, and shall decide, after
consultation with the City, which stipulation will provide the best installation and its decision shall
be final; provided however, any conflict not presented in writing shall be the sole discretion of
the City
12.1.3.3 The Plans, for purposes of clearness and legibility, are essentially diagrammatic, and although
the sizes and locations of equipment are shown to scale wherever possible, the CM@Risk,
Subcontractors, and Sub-subcontractors are required to familiarize themselves with all the Work
required by the Contract Documents. The CM@Risk, other Contractors, Subcontractors, and
Sub-subcontractors shall properly coordinate its work with that of the City and all other
Contractors. It is not within the scope of the Plans to show all necessary offsets, obstructions or
structural conditions. It shall be the responsibility of the CM@Risk and each Contractor to plan,
coordinate, and install its work in such a manner so as to conform to the structure. Any conflict
within the Plans shall be referred to the Design Professional for disposition prior to the
installation of any affected work.
12.1.3.4 In the event of any inconsistency, conflict, or ambiguity between the Contract Documents and
the Preconstruction Phase Contract, the Contract Documents take precedence over the
Preconstruction Phase Contract.
12.1.4 The headings used in this Agreement, or any other Contract Documents, are for ease of
reference only and shall not in any way be construed to limit or alter the meaning of any
provision.
12.1.5 The Contract Documents form the entire agreement between City and CM@Risk and by
incorporation herein are as fully binding on the parties as if repeated herein. No oral
representations or other agreements have been made by the parties except as specifically
stated in the Contract Documents.
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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
fora commission, percentage, brokerage, or contingent fee, and that no member of the City
Council, or any employee of the City of Denton has any interest, financially, or otherwise, in the
firm. For breach or violation of this warrant, the City of Denton shall have the right to annul this
Agreement without liability, or at its discretion to deduct from the Contract Price or consideration,
the full amount of such commission, percentage, brokerage, or contingent fee.
12.17 No Waiver. The failure of either party to enforce any of the provisions of the Contract Documents
or to require performance of the other party of any of the provisions hereof shall not be construed
to be a waiver of such provisions, nor shall it affect the validity of the Contract Documents or
any part thereof, or the right of either party to thereafter enforce each and every provision.
12.18 Notice.
12.18.1 Unless otherwise provided, any notice, request, instruction, or other document to be given under
this Agreement by any party to any other party shall be in writing and shall be delivered in person
or by courier or mailed by certified mail, postage prepaid, return receipt requested or by e-mail;
provided however, that e-mail shall not be a permissible method of delivery for any notice,
request, instruction or other document that requires execution by both parties, and shall be
deemed given upon (a) confirmation of receipt of an e-mail transmission,(b) confirmed delivery
by hand or standard overnight mail, or (c) upon the expiration of three (3) business days after
the day mailed by certified mail, as follows:
to CM@Risk:
Steele & Freeman, Inc.
1301 Lawson Road
Fort Worth, TX 76131
to City:
Materials Management
ATTN: Contract 8558; 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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Kristine Stewart
401 N Elm St.
Denton, Texas 76201
kristine.stewart@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:
Reilly Freeman, Vice President of Finance
1301 Lawson Road
Fort Worth, Texas 76131
(817) 232-4742
RFreeman@steelefreeman.com
to City:
City of Denton
ATTN: Contract 8558; 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
Kristine Stewart
401 N Elm St.
Denton, Texas 76201
kristine.stewart@cityofdenton.com
or to such other place and with such other copies as either Party may designate as to itself by
written notice to the other Party. Rejection, any refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to be receipt of the
notice as of the date of such rejection, refusal, or inability to deliver.
12.19 Equal Opportunity/Affirmative Action
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
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
Documents regarding Hazardous Materials or Substances.
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
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.
12.25 Prohibition on Contracts with Companies Boycotting Certain Energy Companies.
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
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: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
CITY OF DENTON, TEXAS CM@Risk
BY: BY:
_____________________ _______________________
_____________________ _______________________
Printed Name Printed Name
_____________________ ________________________
Title Title
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational obligations and
business terms.
_______________ ________________
SIGNATURE PRINTED NAME
__________________________________
TITLE
__________________________________
DEPARTMENT
ATTEST:
INGRID REX, CITY SECRETARY
BY: _______________________________
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY: _______________________________
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
Chief Executive Officer
Michael Freeman
Director of Capital Projects
Capital projects
Seth Garcia
Interim City Manager
Interim City Manager
SFI Exhibit 'A'-COD - Project Description
04/10/2026 : Date
PROJECT:ARCHITECT:
LINDA McNATT ANIMAL CARE & ADOPTION CENTER QUORUM ARCHITECTS, INC.
825 W VICKEY BLVD, SUITE 100SFI JOB No. :FORT WORTH, TEXAS 761045624
PROJECT DESCRIPTION
This project includes the renovation and expansion of the Animal Services building. The Linda
McNatt Animal Services Building is located in North Denton on US-77 (aka North Elm St).
The main goal of the project is to deliver additional space for dog adoption, staff office space
and maximize storage. Major renovations are needed on HVAC and to improve sound
absorption. Animals and staff may need to be temporarily relocated. The anticipated staff growth
is 22 to 29 in the next five years. Key scope items will include but will not be limited to:
• Additional dog kennel adoption space
• Additional office and storage space
• Dedicated conference room
• Additional dog run space
• Additional washer and dryers
• Upgrade HVAC system
• Improve sound absorption
• Replace artificial turf
• Provide trenches/improved drainage for existing kennels
• Provide integrated power washing/cleaning system
• New cat kennels
• Update surgery suite
• Address concerns regarding retention pond
Linda McNatt - Amendment, 04-10-26 Page 1
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
STEELE r, FREEMAN, INC.
SFI Exhibit 'B' -GMP Proposal No.
04/10/2026 : Date CONSTRUCTtON ,,1A"IAGERS
PROJECT: ARCHITECT: LINDA McNATT ANIMAL CARE & ADOPTION CENTER QUORUM ARCHITECTS, INC. 825 W VICKERY BLVD, SUITE 100 SFI JOB No. : FORT WORTH, TEXAS 76104 5624
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Project Manual Drawings
04/10/2026 : Date
PROJECT:ARCHITECT:
LINDA McNATT ANIMAL CARE & ADOPTION CENTER QUORUM ARCHITECTS, INC.825 W VICKERY BLVD, SUITE 100SFI JOB No. :FORT WORTH, TEXAS 76104
5624
ITEM / SHEET No.DESCRIPTION DATED ADDENDUM
GENERAL
G-001 TITLE SHEET February 12, 2026 ADDENDA #2
G-002 LIFE SAFETY AND CODE ANALYSIS February 12, 2026 ADDENDA #2
G-003 PHASING - SITE PLAN January 27, 2026
G-004 PHASING - FLOOR PLAN January 27, 2026
G-005 ACCESSIBILITY GUIDELINES (TAS)January 27, 2026
G-006 ACCESSIBILITY GUIDELINES (TAS)January 27, 2026
G-007 ACCESSIBILITY GUIDELINES (TAS)January 27, 2026
G-008 ACCESSIBILITY GUIDELINES (TAS)January 27, 2026
G-009 ACCESSIBILITY GUIDELINES (TAS)January 27, 2026
CIVIL
C1.01 COVER SHEET January 27, 2026
C2.01 GENERAL NOTES January 27, 2026
C3.01 SUMMARY OF QUANTITIES January 27, 2026
C4.01 FINAL PLAT June 6, 2014
C5.01 DEMOLITION PLAN January 27, 2026
C6.01 APPROVED ZONING COMPLIANCE PLAN January 27, 2026
C7.01 DIMENSIONAL CONTROL PLAN February 13, 2026 ADDENDA #2
C8.01 EXISTING DRAINAGE AREA MAP January 27, 2026
C8.02 PROPOSED DRAINAGE AREA MAP January 27, 2026
C9.01 GRADING PLAN January 27, 2026
C9.50 GRADING PLAN DETAILS January 27, 2026
C9.60 DETENTION POND PLAN February 13, 2026 ADDENDA #2
C9.61 DETENTION POND CALCULATIONS January 27, 2026
C9.62 DETENTION POND OPERATION & MAINTENANCE MANUAL January 27, 2026
C10.01 OVERALL UTILITY PLAN (WATER & STORM)January 27, 2026
C11.01 STORM PLAN February 13, 2026 ADDENDA #2
C11.02 PRIVATE STORM PLAN January 27, 2026
C11.50 STORM PROFILES January 27, 2026
C12.01 WATER PLAN January 27, 2026
C12.50 WATER PROFILE January 27, 2026
C12.51 CITY OF DENTON WATER GIS DATA January 27, 2026
C14.01 PAVING PLAN January 27, 2026
C15.01 SIGNAGE & STRIPING PLAN January 27, 2026
C17.01 EROSION CONTROL PLAN January 27, 2026
C17.50 EROSION CONTROL DETAILS January 27, 2026
C18.01 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.02 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.03 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.04 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.05 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.06 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.07 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.08 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.09 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.10 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.11 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.12 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.13 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.14 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.15 CITY OF DENTON STANDARD DETAILS January 27, 2026
Linda McNatt - Amendment, 04-10-26 Page 1
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Project Manual Drawings
04/10/2026 : Date
C18.16 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.17 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.18 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.19 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.20 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.21 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.22 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.23 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.24 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.25 CITY OF DENTON STANDARD DETAILS January 27, 2026
C18.26 CONSTRUCTION DETAILS January 27, 2026
C18.27 CONSTRUCTION DETAILS January 27, 2026
LANDSCAPE
LP1.01 LANDSCAPE PLAN January 27, 2026
LP3.01 PLANTING DETAILS January 27, 2026
LP3.02 PLANTING DETAILS January 27, 2026
LP3.03 PLANT SCHEDULE & NOTES January 27, 2026
TPP.01 TREE PRESERVATION PLAN January 27, 2026
TPP.02 TREE PRESERVATION TABLE January 27, 2026
TPP.03 TREE PRESERVATION DETAILS January 27, 2026
SW.01 SOLID WASTE PLAN January 27, 2026
IRRIGATION
L1.01 IRRIGATION PLAN January 27, 2026
LI 3.01 IRRIGATION DETAILS January 27, 2026
LI 3.02 IRRIGATION SCHEDULE AND SPECIFICATIONS January 27, 2026
ARCHITECTURAL DEMO
AD-101 DEMOLITION - FLOOR PLAN January 27, 2026
AD-102 DEMOLITION DETAILS January 27, 2026
AD-103 DEMOLITION RCP February 12, 2026 ADDENDA #2
AD-104 DEMOLITION - ROOF PLAN January 27, 2026
ASD-100 DEMOLITION - SITE PLAN January 27, 2026
ARCHITECTURAL SITE
AS-100 SITE PLAN February 12, 2026 ADDENDA #2
AS-101 SCREEN WALL DETAILS / LINE OF SIGHT January 27, 2026
AS-102 ENLARGED SITE PLAN,January 27, 2026
AS-103 ENLARGED SITE DETAILS January 27, 2026
AS-104 ENLARGED PLANS, PLAY YARDS February 19, 2026 ADDENDA #3
AS-105 ENLARGED PLANS, MONUMENT SIGN January 27, 2026
ARCHITECTURAL
A-010 EDGE OF SLAB January 27, 2026
A-100 OVERALL FLOOR PLAN January 27, 2026
A-101 OVERALL DIMENSION PARTITION PLAN January 27, 2026
A-101A DIMENSION PARTITION PLAN - AREA A January 27, 2026
A-101B DIMENSION PARTITION PLAN - AREA B January 27, 2026
A-101C DIMENSION PARTITION PLAN - AREA C January 27, 2026
A-101D DIMENSION PARTITION PLAN - AREA D January 27, 2026
A-101E DIMENSION PARTITION PLAN - AREA E January 27, 2026
A-101F DIMENSION PARTITION PLAN - AREA F January 27, 2026
A-102 PARTITION TYPES January 27, 2026
A-103 REFERENCE FLOOR PLAN OVERALL January 27, 2026
A-103A REFERENCE FLOOR PLAN - AREA 'A' February 12, 2026 ADDENDA #2
A-103B REFERENCE FLOOR PLAN - AREA 'B'January 27, 2026
A-103C REFERENCE FLOOR PLAN - AREA 'C' January 27, 2026
A-103D REFERENCE FLOOR PLAN - AREA 'D'January 27, 2026
A-103E REFERENCE FLOOR PLAN - AREA 'E' January 27, 2026
Linda McNatt - Amendment, 04-10-26 Page 2
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Project Manual Drawings
04/10/2026 : Date
A-103F REFERENCE FLOOR PLAN - AREA 'F' January 27, 2026
A-104 REFLECTED CEILING PLAN 01/27/26 January 27, 2026
A-104A REFLECTED CEILING PLAN - AREA 'A'January 27, 2026
A-104B REFLECTED CEILING PLAN - AREA 'B' January 27, 2026
A-104C REFLECTED CEILING PLAN - AREA 'C'February 12, 2026 ADDENDA #2
A-104D REFLECTED CEILING PLAN - AREA 'D' February 12, 2026 ADDENDA #2
A-104E REFLECTED CEILING PLAN - AREA 'E' February 12, 2026 ADDENDA #2
A-104F REFLECTED CEILING PLAN - AREA 'F' February 12, 2026 ADDENDA #2
A-105 LOBBY CLERESTORY January 27, 2026
A-106 ROOF PLAN 01/27/26 February 12, 2026 ADDENDA #2
A-201 BUILDING ELEVATIONS January 27, 2026
A-202 BUILDING ELEVATIONS January 27, 2026
A-203 BUILDING ELEVATIONS January 27, 2026
A-204 EXTERIOR SIGNAGE February 12, 2026 ADDENDA #2
A-205 ENLARGED PARTIAL BUILDING ELEVATIONS January 27, 2026
A-206 BUILDING MOCK-UP February 12, 2026 ADDENDA #2
A-207 INTERIOR ELEVATIONS January 27, 2026
A-208 INTERIOR ELEVATIONS January 27, 2026
A-209 INTERIOR ELEVATIONS January 27, 2026
A-210 INTERIOR ELEVATIONS January 27, 2026
A-211 INTERIOR ELEVATIONS January 27, 2026
A-212 INTERIOR ELEVATIONS January 27, 2026
A-213 INTERIOR ELEVATIONS January 27, 2026
A-214 INTERIOR ELEVATIONS January 27, 2026
A-215 INTERIOR ELEVATIONS January 27, 2026
A-216 INTERIOR ELEVATIONS January 27, 2026
A-217 INTERIOR ELEVATIONS January 27, 2026
A-218 INTERIOR ELEVATIONS January 27, 2026
A-219 INTERIOR ELEVATIONS January 27, 2026
A-220 INTERIOR ELEVATIONS January 27, 2026
A-221 INTERIOR ELEVATIONS January 27, 2026
A-222 INTERIOR ELEVATIONS January 27, 2026
A-223 INTERIOR ELEVATIONS January 27, 2026
A-224 INTERIOR ELEVATIONS January 27, 2026
A-225 INTERIOR ELEVATIONS January 27, 2026
A-226 INTERIOR ELEVATIONS January 27, 2026
A-227 INTERIOR ELEVATIONS January 27, 2026
A-228 INTERIOR ELEVATIONS January 27, 2026
A-229 INTERIOR ELEVATIONS January 27, 2026
A-230 INTERIOR ELEVATIONS January 27, 2026
A-231 INTERIOR ELEVATIONS January 27, 2026
A-232 INTERIOR ELEVATIONS January 27, 2026
A-300 BUILDING SECTIONS January 27, 2026
A-301 BUILDING SECTIONS January 27, 2026
A-302 WALL SECTIONS January 27, 2026
A-303 WALL SECTIONS January 27, 2026
A-304 WALL SECTIONS January 27, 2026
A-305 WALL SECTIONS January 27, 2026
A-306 WALL SECTIONS January 27, 2026
A-307 WALL SECTIONS February 12, 2026 ADDENDA #2
A-308 WALL SECTIONS January 27, 2026
A-309 WALL SECTIONS January 27, 2026
A-310 WALL SECTIONS January 27, 2026
A-311 WALL SECTIONS January 27, 2026
A-312 SECTION DETAILS January 27, 2026
A-313 SECTION DETAILS January 27, 2026
A-314 SECTION DETAILS January 27, 2026
A-315 SECTION DETAILS January 27, 2026
A-316 SECTION DETAILS January 27, 2026
A-317 SECTION DETAILS January 27, 2026
Linda McNatt - Amendment, 04-10-26 Page 3
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Project Manual Drawings
04/10/2026 : Date
A-401 ENLARGED SHOWER PLANS January 27, 2026
A-500 PLAN DETAILS January 27, 2026
A-501 PLAN DETAILS January 27, 2026
A-502 DETAILS January 27, 2026
A-503 DETAILS January 27, 2026
A-504 EXPANSION JOINTS January 27, 2026
A-505 MILLWORK DETAILS January 27, 2026
A-506 MILLWORK DETAILS January 27, 2026
A-507 MILLWORK DETAILS January 27, 2026
A-601 DOOR AND WINDOW SCHEDULE February 19, 2026 ADDENDA #3
A-602 EXTERIOR FRAME ELEVATIONS January 27, 2026
A-603 INTERIOR FRAME ELEVATIONS February 12, 2026 ADDENDA #2
A-701 ROOM FINISH PLAN January 27, 2026
A-701A FINISH PLAN - AREA 'A' February 12, 2026 ADDENDA #2
A-701B FINISH PLAN - AREA 'B' February 12, 2026 ADDENDA #2
A-701C FINISH PLAN - AREA 'C' February 12, 2026 ADDENDA #2
A-701D FINISH PLAN - AREA 'D' February 12, 2026 ADDENDA #2
A-701E FINISH PLAN - AREA 'E' February 12, 2026 ADDENDA #2
A-701F FINISH PLAN - AREA 'F' February 12, 2026 ADDENDA #2
A-702 INTERIOR FINISH LEGEND February 12, 2026 ADDENDA #2
A-703 INTERIOR DETAILS January 27, 2026
A-704 INTERIOR DETAILS February 12, 2026 ADDENDA #2
STRUCTURAL
S-001 GENERAL NOTES January 27, 2026
S-002 SPECIAL INSPECTIONS January 27, 2026
SS-101 STRUCTURAL SITE PLAN January 27, 2026
SS-102 SITE WALL & MONUMENT SIGN ENLARGED PLANS February 19, 2026 ADDENDA #3
SS-103 SITE SCREENWALL DETAILS February 19, 2026 ADDENDA #3
S-101 FOUNDATION DETAILS January 27, 2026
S-102 FOUNDATION DETAILS February 19, 2026 ADDENDA #3
S-103 FOUNDATION DETAILS February 19, 2026 ADDENDA #3
S-104 FOUNDATION DETAILS February 19, 2026 ADDENDA #3
S-105 FOUNDATION DETAILS January 27, 2026
S-201 OVERALL PIER LAYOUT January 27, 2026
S-201A PIER LAYOUT PLAN - AREA 'A' January 27, 2026
S-201B PIER LAYOUT PLAN - AREA 'B' January 27, 2026
S-201C PIER LAYOUT PLAN - AREA 'C' January 27, 2026
S-201D PIER LAYOUT PLAN - AREA 'D' 01/27/26 January 27, 2026
S-201E PIER LAYOUT PLAN - AREA 'E' January 27, 2026
S-201F PIER LAYOUT PLAN - AREA 'F'January 27, 2026
S-202 OVERALL FOUNDATION PLAN January 27, 2026
S-202A FOUNDATION PLAN - AREA 'A'January 27, 2026
S-202B FOUNDATION PLAN - AREA 'B' January 27, 2026
S-202C FOUNDATION PLAN - AREA 'C' January 27, 2026
S-202D FOUNDATION PLAN - AREA 'D' January 27, 2026
S-202E FOUNDATION PLAN - AREA 'E'January 27, 2026
S-202F FOUNDATION PLAN - AREA 'F' January 27, 2026
S-203 OVERALL ROOF FRAMING PLAN January 27, 2026
S-203A ROOF FRAMING PLAN - AREA 'A'January 27, 2026
S-203B ROOF FRAMING PLAN - AREA 'B' January 27, 2026
S-203C ROOF FRAMING PLAN - AREA 'C'January 27, 2026
S-203D ROOF FRAMING PLAN - AREA 'D' January 27, 2026
S-203E ROOF FRAMING PLAN - AREA 'E'January 27, 2026
S-203F ROOF FRAMING PLAN - AREA 'F' January 27, 2026
S-204A PARTIAL ROOF FRAMING PLAN January 27, 2026
S-301 FRAMING DETAILS January 27, 2026
S-302 FRAMING DETAILS January 27, 2026
S-303 FRAMING DETAILS January 27, 2026
S-304 FRAMING DETAILS January 27, 2026
S-305 FRAMING DETAILS January 27, 2026
Linda McNatt - Amendment, 04-10-26 Page 4
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Project Manual Drawings
04/10/2026 : Date
PLUMBING
P-100 PLUMBING DEMOLITION PLAN January 27, 2026
P-101 OVERALL PLAN February 12, 2026 ADDENDA #2
P-101A PLUMBING PLAN - AREA 'A'January 27, 2026
P-101B PLUMBING PLAN - AREA 'B' January 27, 2026
P-101C PLUMBING PLAN - AREA 'C' January 27, 2026
P-101D PLUMBING PLAN - AREA 'D' January 27, 2026
P-101E PLUMBING PLAN - AREA 'E'January 27, 2026
P-101F PLUMBING PLAN - AREA 'F' January 27, 2026
P-102 PLUMBING PLAN - ROOF January 27, 2026
P-201 PLUMBING SCHEDULES January 27, 2026
P-202 PLUMBING DETAILS January 27, 2026
FIRE PROTECTION
FP-101 FIRE PROTECTION January 27, 2026
MECHANICAL
M-100 MECHANICAL DEMOLITION PLAN January 27, 2026
M-101 OVERALL PLAN - MECHANICAL January 27, 2026
M-101A MECHANICAL PLAN - AREA 'A'January 27, 2026
M-101B MECHANICAL PLAN - AREA 'B' January 27, 2026
M-101C MECHANICAL PLAN - AREA 'C'January 27, 2026
M-101D MECHANICAL PLAN - AREA 'D' January 27, 2026
M-101E MECHANICAL PLAN - AREA 'E'January 27, 2026
M-101F MECHANICAL PLAN - AREA 'F' January 27, 2026
M-102 ROOF PLAN - MECHANICAL January 27, 2026
M-201 MECHANICAL SCHEDULES January 27, 2026
M-202 MECHANICAL DETAILS January 27, 2026
M-203 COMCHECK January 27, 2026
M-204 M-204 OA CALCULATIONS January 27, 2026
ELECTRICAL
ES-100 ELECTRICAL SITE PLAN February 12, 2026 ADDENDA #2
ED-201 FLOOR PLAN - OVERALL - DEMOLITION POWER February 12, 2026 ADDENDA #2
E-101A RCP - LIGHTING - AREA 'A'January 27, 2026
E-101B RCP - LIGHTING - AREA 'B' January 27, 2026
E-101C RCP - LIGHTING - AREA 'C' February 12, 2026 ADDENDA #2
E-101D RCP - LIGHTING - AREA 'D' February 12, 2026 ADDENDA #2
E-101E RCP - LIGHTING - AREA 'E' February 12, 2026 ADDENDA #2
E-101F RCP - LIGHTING - AREA 'F' February 12, 2026 ADDENDA #2
E-102A RCP - DAYLIGHTING - AREA 'A' January 27, 2026
E-102B RCP - DAYLIGHTING - AREA 'B' January 27, 2026
E-102C RCP - DAYLIGHTING - AREA 'C' January 27, 2026
E-102D RCP - DAYLIGHTING - AREA 'D'January 27, 2026
E-102E RCP - DAYLIGHTING - AREA 'E'January 27, 2026
E-102F RCP - DAYLIGHTING - AREA 'F' January 27, 2026
E-201A FLOOR PLAN - POWER - AREA 'A' February 12, 2026 ADDENDA #2
E-201B FLOOR PLAN - POWER - AREA 'B' February 12, 2026 ADDENDA #2
E-201C FLOOR PLAN - POWER - AREA 'C' February 12, 2026 ADDENDA #2
E-201D FLOOR PLAN - POWER - AREA 'D'February 12, 2026 ADDENDA #2
E-201E FLOOR PLAN - POWER - AREA 'E'February 12, 2026 ADDENDA #2
E-201F FLOOR PLAN - POWER - AREA 'F' February 12, 2026 ADDENDA #2
E-202 FLOOR PLAN - POWER - ROOF January 27, 2026
E-401 ELECTRICAL SYMBOLS AND SCHEDULES February 12, 2026 ADDENDA #2
E-402 RISER DIAGRAMS January 27, 2026
E-403 ELECTRICAL SYMBOLS AND SCHEDULES January 27, 2026
E-501 PANEL SCHEDULES February 12, 2026 ADDENDA #2
ELV-101 FLOOR PLAN - LOW VOLTAGE February 12, 2026 ADDENDA #2
Linda McNatt - Amendment, 04-10-26 Page 5
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Project Manual Drawings
04/10/2026 : Date
HDG - SECURITY
ES-000 SECURITY LEGENDS AND NOTES January 30, 2026 ADDENDA #2
ESD-101 DEMOLITION - FLOOR PLAN - SECURITY January 30, 2026 ADDENDA #2
ESS-100 SITE PLAN - SECURITY January 30, 2026 ADDENDA #2
ES-103 OVERALL FLOOR PLAN - SECURITY January 30, 2026 ADDENDA #2
ES-104 OVERALL REFLECTED CEILING PLAN -SECURITY DETAILS January 30, 2026 ADDENDA #2
ES-501 SECURITY DETAILS January 30, 2026 ADDENDA #2
HDG - IT
IT-000 IT LEGENDS AND NOTES January 30, 2026 ADDENDA #2
IT-103 OVERALL FLOOR PLAN - IT January 30, 2026 ADDENDA #2
IT-104 OVERALL REFLECTED CEILING PLAN - IT January 30, 2026 ADDENDA #2
IT-500 IT DETAILS January 30, 2026 ADDENDA #2
IT-501 IT DETAILS January 30, 2026 ADDENDA #2
AV-103 OVERALL FLOOR PLAN - AV January 30, 2026 ADDENDA #2
Linda McNatt - Amendment, 04-10-26 Page 6
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Project Manual Drawings
04/10/2026 : Date
DIVISION 01 - GENERAL REQUIREMENTS (OWNER PROVIDED TABLE OF CONTENTS)
01 11 00 SUMMARY OF WORK January 27, 2026
01 25 00 SUBSTITUTION PROCEDURES January 27, 2026
01 29 76 STORED MATERIALS AND EQUIPMENT (MATERIALS ON HAND)January 27, 2026
01 31 19 PRECONSTRUCTION MEETING January 27, 2026
01 31 20 CONSTRUCTION PROGRESS SCHEDULE January 27, 2026
01 32 16 PRECONSTRUCTION VIDEO January 27, 2026
01 32 33 SUBMITTALS January 27, 2026
01 33 00 SPECIAL PROJECT PROCEDURES January 27, 2026
01 35 13 TESTING AND INSPECTION SERVICES January 27, 2026
01 45 23 TEMPORARY FACILITIES AND CONTROLS January 27, 2026
01 50 00 STORM WATER POLLUTION PREVENTION PLAN January 27, 2026
01 57 13 PRODUCT STORAGE AND HANDLING REQUIREMENTS January 27, 2026
01 66 00 MOBILIZATION AND REMOBILIZATION January 27, 2026
01 70 00 CONSTRUCTION STAKING AND SURVEY January 27, 2026
01 71 23 CLEANING January 27, 2026
01 74 23 CLOSEOUT REQUIREMENTS January 27, 2026
01 77 19 PROJECT RECORD DOCUMENTS January 27, 2026
DIVISION 01 - GENERAL REQUIREMENTS
01 02 00 INFORMATION AVAILABLE TO BIDDERS January 27, 2026
01 02 01 GEOTECHNICAL REPORT January 27, 2026
01 11 00 SUMMARY OF WORK January 27, 2026
01 11 13 ADMINISTRATIVE PROVISIONS January 27, 2026
01 20 00 CONTRACT CONSIDERATION January 27, 2026
01 23 00 ALTERNATES January 27, 2026
01 31 13 PROJECT COORDINATION January 27, 2026
01 33 00 SUBMITTALS January 27, 2026
01 43 00 QUALITY ASSURANCE January 27, 2026
01 45 29 TESING LABORATORY SERVICES January 27, 2026
01 60 00 PRODUCT REQUIRMENTS January 27, 2026
01 66 00 PRODUCT STORAGE & HANDLING January 27, 2026
01 73 29 CUTTING AND PATCHING January 27, 2026
01 75 00 STARTING OF SYSTEMS January 27, 2026
01 91 00 GENERAL COMMISSIONING January 27, 2026
DIVISION 03 - CONCRETE
03 10 00 CONCRETE FORMING AND ACCESSORIES January 27, 2026
03 20 00 CONCRETE REINFORCING January 27, 2026
03 30 00 CAST-IN-PLACE CONCRETE January 27, 2026
DIVISION 04 - MASONRY
04 05 11 MASONRY MORTARING AND GROUTING January 27, 2026
04 05 23 MASONRY ACCESSORIES - FLASHING January 27, 2026
04 21 13 BRICK MASONRY January 27, 2026
04 22 00 CONCRETE MASONRY UNITS January 27, 2026
04 29 00 STONE VENEER MASONRY January 27, 2026
04 72 00 CAST STONE January 27, 2026
DIVISION 05 - METALS
05 12 00 STRUCTURAL STEEL FRAMING January 27, 2026
05 12 13 ARCHITECTURALLY EXPOSED STRUCTURAL STEEL FRAMING January 27, 2026
05 21 00 STEEL JOISTS FRAMING January 27, 2026
05 31 00 STEEL DECKING January 27, 2026
05 40 00 COLD-FORMED METAL FRAMING January 27, 2026
05 44 00 COLD-FORMED METAL TRUSSES January 27, 2026
05 50 00 MISCELLANEOUS METALS January 27, 2026
PROJECT MANUAL FOR THE CONSTRUCTION OF LINDA McNATT ANIMAL CARE & ADOPTION CENTER DATED JANUARY 27, 2026
Linda McNatt - Amendment, 04-10-26 Page 7
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Project Manual Drawings
04/10/2026 : Date
DIVISION 06 - WOOD & PLASTICS
06 10 00 ROUGH CARPENTRY January 27, 2026
06 22 00 FINISH CARPENTRY AND MILLWORK January 27, 2026
06 64 00 PLASTIC PANELING January 27, 2026
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
07 17 00 WATERPROOFING January 27, 2026
07 19 00 WATER REPELLENT January 27, 2026
07 21 00 INSULATION January 27, 2026
07 24 00 EXTERIOR INSULATION AND FINISH SYSTEM January 27, 2026
07 27 00 FLUID-APPLIED MEMBRANE AIR BARRIERS January 27, 2026
07 40 00 CLADDING SUPPORT SYSTEM January 27, 2026
07 52 16 MODIFIED BITUMINOUS MEMBRANE ROOFING February 24, 2026 PRE-BID RFI NO. 14
07 52 17 ROOF DETAILS FROM JM February 24, 2026 PRE-BID RFI NO. 14
07 61 00 PREFORMED METAL ROOF AND WALLS January 27, 2026
07 62 00 SHEET METAL FLASHING AND TRIM January 27, 2026
07 84 00 FIRESTOPPING January 27, 2026
07 92 00 CAULKING AND SEALING January 27, 2026
DIVISION 8 - OPENINGS
08 11 00 METAL DOORS AND DOOR & FRAMES January 27, 2026
08 16 00 FRP DOORS AND FRAMES January 27, 2026
08 21 00 WOOD DOORS January 27, 2026
08 31 00 ACCESS DOORS January 27, 2026
08 41 00 ALUMINUM FRAMES ENTRANCES, STOREFRONTS, AND WINDOWS January 27, 2026
08 62 23 TUBULAR DAYLIGHTING DEVICE (ALTERNATE)January 27, 2026
08 71 00 DOOR HARDWARE February 19, 2026 ADDENDA #3
08 80 00 GLASS & GLAZING January 27, 2026
08 87 00 GLASS FILM January 27, 2026
DIVISION 9 - FINISHES
09 20 00 GYPSUM WALLBOARD, METAL FRAME SYSTEMS January 27, 2026
09 30 00 CERAMIC TILE January 27, 2026
09 30 50 TILE SETTING MATERIALS & ACCESSORIES January 27, 2026
09 34 00 WATERPROOF - MEMBRANE CERAMIC TILING January 27, 2026
09 50 00 ACOUSTICAL CEILINGS February 19, 2026 ADDENDA #3
09 65 13 RUBBER BASE January 27, 2026
09 65 19 RESILIENT TILE FLOORING January 27, 2026
09 67 23 RESINOUS FLOORING January 27, 2026
09 72 00 FLEXIBLE WALL PROTECTION January 27, 2026
09 72 03 TEXTILE WALL COVERINGS January 27, 2026
09 84 13 ACOUSTICAL SOLUTIONS January 27, 2026
09 90 00 PAINTING January 27, 2026
09 96 00 HIGH PERFORMANCE COATINGS January 27, 2026
09 96 59 HIGH PERFORMANCE WALL SURFCACING SYSTEM January 27, 2026
DIVISION 10 - SPECIALTIES
10 00 00 MISCELLANEOUS ACCESSORIES January 27, 2026
10 14 00 PLASTIC SIGNS January 27, 2026
10 14 01 DONOR WALL SIGNS January 27, 2026
10 14 16 PLAQUES January 27, 2026
10 26 00 RIGID VINYL SHEET January 27, 2026
10 26 13 HIGH IMPACT CORNER GUARDS January 27, 2026
10 26 13.01 STAINLESS STEEL CORNER GUARDS January 27, 2026
10 28 00 TOILET AND SHOWER ACCESSORIES January 27, 2026
10 73 00 PROTECTIVE COVERS January 27, 2026
DIVISION 11 - EQUIPMENT
11 31 00 RESIDENTIAL APPLIANCES January 27, 2026
Linda McNatt - Amendment, 04-10-26 Page 8
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Project Manual Drawings
04/10/2026 : Date
DIVISION 12 - FURNISHINGS
12 24 00 ROLLER SHADES January 27, 2026
12 35 39 DISPLAY CASEWORK January 27, 2026
12 36 61 SIMULATED STONE COUNTERTOPS January 27, 2026
DIVISION 13 - SPECIAL CONSTRUCTION
13 19 13 ANIMAL ENCLOSURES AND EQUIPMENT January 27, 2026
13 31 23 TENSILE SHADE STRUCTURE January 27, 2026
DIVISION 21 - FIRE SUPPRESSION
21 00 10 BASIC FIRE PROTECTION REQUIREMENTS February 19, 2026 ADDENDA #3
21 11 00 FIRE PROTECTION PIPING February 19, 2026 ADDENDA #3
21 13 00 AUTOMATIC SPRINKLER SYSTEMS February 19, 2026 ADDENDA #3
DIVISION 22 - PLUMBING
22 00 10 BASIC PLUMBING REQUIREMENTS February 19, 2026 ADDENDA #3
22 05 06 PLUMBING DEMOLITION February 19, 2026 ADDENDA #3
22 05 12 PLUMBING AND ELECTRICAL COORDINATION February 19, 2026 ADDENDA #3
22 05 29 PLUMBING SUPPORTS AND ANCHORS February 19, 2026 ADDENDA #3
22 05 53 PLUMBING IDENTIFICATION February 19, 2026 ADDENDA #3
22 05 93 PLUMBING TESTING, ADJUSTING AND BALANCING February 19, 2026 ADDENDA #3
22 07 16 PLUMBING PIPING AND EQUIPMENT INSULATION February 19, 2026 ADDENDA #3
22 10 00 PLUMBING PIPING February 19, 2026 ADDENDA #3
22 10 01 PLUMBING SPECIALTIES February 19, 2026 ADDENDA #3
22 11 19 PIPING SPECIALTIES February 19, 2026 ADDENDA #3
22 30 00 PLUMBING EQUIPMENT February 19, 2026 ADDENDA #3
22 40 01 PLUMBING FIXTURES February 19, 2026 ADDENDA #3
DIVISION 23 - HEATING, VENTILATINGM AND AIR-CONDITIONING (HVAC)
23 00 10 BASIC MECHANICAL REQUIREMENTS February 19, 2026 ADDENDA #3
23 05 06 MECHANICAL DEMOLITION February 19, 2026 ADDENDA #3
23 05 12 MECHANICAL AND ELECTRICAL COORDINATION February 19, 2026 ADDENDA #3
23 05 53 MECHANICAL IDENTIFICATION February 19, 2026 ADDENDA #3
23 05 93 MECHANICAL TESTING, ADJUSTING AND BALANCING February 19, 2026 ADDENDA #3
23 07 13 HVAC DUST INSULATION February 19, 2026 ADDENDA #3
23 09 00 INSTRUMENTATION AND CONTROL FOR HVAC February 19, 2026 ADDENDA #3
23 31 13 METAL DUCTWORK February 19, 2026 ADDENDA #3
23 31 13.19 DUCTWORK ACCESSORIES February 19, 2026 ADDENDA #3
23 37 13 AIR OUTLETS AND INLETS February 19, 2026 ADDENDA #3
23 75 33 OUTSIDE AIR HANDLING UNITS February 19, 2026 ADDENDA #3
23 81 26 SPLIT DX COOLING/HEATING SYSTEMS February 19, 2026 ADDENDA #3
23 89 65 MOTOR CONTROLLERS February 19, 2026 ADDENDA #3
DIVISION 26 - ELECTRICAL
26 05 10 GENERAL REQUIREMENTS FOR ELECTRICAL WORK February 19, 2026 ADDENDA #3
26 05 12 MECHANICAL AND ELECTRICAL COORDINATION February 19, 2026 ADDENDA #3
26 05 19 WIRES AND CABLES February 19, 2026 ADDENDA #3
26 05 20 WIRE CONNECTION AND DEVICES February 19, 2026 ADDENDA #3
26 05 26 GROUNDING February 19, 2026 ADDENDA #3
26 05 27 SEALING OF PENETRATIONS February 19, 2026 ADDENDA #3
26 05 29 SUPPORTING DEVICES February 19, 2026 ADDENDA #3
26 05 32 PULL AND JUNCTION BOXES February 19, 2026 ADDENDA #3
26 05 33 CONDUITS February 19, 2026 ADDENDA #3
26 05 34 OUTLET BOXES February 19, 2026 ADDENDA #3
26 09 26 MISCELLANEOUS ITEMS February 19, 2026 ADDENDA #3
26 09 43 DIGITAL NETWORK LIGHTING CONTROLS February 19, 2026 ADDENDA #3
26 24 16 PANELBOARDS February 19, 2026 ADDENDA #3
26 24 17 DISTRIBUTION PANELBOARDS February 19, 2026 ADDENDA #3
Linda McNatt - Amendment, 04-10-26 Page 9
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Project Manual Drawings
04/10/2026 : Date
26 25 51 GENERATOR DOCKING STATION February 19, 2026 ADDENDA #3
26 27 13 ELECTRIC SERVICE ENTRANCE February 19, 2026 ADDENDA #3
26 27 14 ELECTRIC METERING February 19, 2026 ADDENDA #3
26 27 16 CABINETS February 19, 2026 ADDENDA #3
26 27 26 WIRING DEVICES February 19, 2026 ADDENDA #3
26 28 16 OVERCURRENT PROTECTIVE DEVICES February 19, 2026 ADDENDA #3
26 28 17 DISCONNECT SWITCHES February 19, 2026 ADDENDA #3
26 29 13 MOTORS, MOTOR STARTERS AND CONTROLS February 19, 2026 ADDENDA #3
26 36 23 AUTOMATIC TRANSFER SWITCHES February 19, 2026 ADDENDA #3
26 43 13 SURGE PROTECTION DEVICES (SPDS)February 19, 2026 ADDENDA #3
26 51 13 LIGHTING February 19, 2026 ADDENDA #3
DIVISION 27 - STRUCTURED CABLING
27 10 00 STRUCTURED CABLING February 13, 2026 ADDENDA #2
27 15 01.11 CONDUCTORS AND CABLES FOR ELECTRONIC SECURITY February 13, 2026 ADDENDA #2
DIVISION 28 - ELECTRONIC SAFETY AND SECURITY
28 05 00 COMMON WORK FOR ELECTRONIC SECURITY February 13, 2026 ADDENDA #2
28 08 00 COMMISSIONING OF ELECTRONIC SECURITY February 13, 2026 ADDENDA #2
28 10 00 ACCESS CONTROL SYSTEM February 13, 2026 ADDENDA #2
28 31 07 EXTENSION OF EXISTING FIRE ALARM SYSTEM February 19, 2026 PRE-BID RFI NO. 10
DIVISION 31 - EARTHWORK
31 00 00 EARTHWORK January 27, 2026
31 10 00 SITE DEMOLITION AND CLEARING January 27, 2026
31 23 00 EXCAVATOIN AND FILL January 27, 2026
31 23 16 CIVIL EXCAVATING, BACKFILLING, AND COMPACTION January 27, 2026
31 23 33 TRENCHING January 27, 2026
31 41 00 SHORING AND BRACING January 27, 2026
31 63 29 DRILLED CONCRETE PIERS AND SHAFTS January 27, 2026
DIVISION 32 - EXTERIOR IMPROVEMENTS
32 00 00 CONCRETE SCREENING WALL January 27, 2026
32 13 13 PORTLAND CEMENT CONCRETE PAVING AND CURBS January 27, 2026
32 17 13 CONCRETE WHEEL STOPS January 27, 2026
32 17 23 PAVEMENT MARKINGS January 27, 2026
32 18 13 SYNTHETIC GRASS SURFACING January 27, 2026
32 31 13 CHAIN LINK FENCING AND GATES January 27, 2026
32 31 32 WOOD COMPOSITE FENCE AND GATES January 27, 2026
32 84 00 IRRIGATION SYSTEM January 27, 2026
32 90 00 LANDSCAPING PLANTING January 27, 2026
DIVISION 33 - UTILITIES
33 10 00 WATER UTILITIES January 27, 2026
33 30 00 SANITARY SEWERAGE UTILITIES January 27, 2026
33 40 00 STORM DRAINAGE UTILITES January 27, 2026
ADDENDUM'S
ADDENDUM NO. 1 January 30, 2026
ADDENDUM NO. 2 February 13, 2026
ADDENDUM NO. 3 February 19, 2026
ADDENDUM NO. 4 March 9, 2026
PRE-BID RFI'S - PERMIT SET OF DOCUMENTS DATED DECEMBER 12, 2025 (PRIOR TO BID SET ISSUE)
PRE-BID RFI #DATED RETURNED
1 CONTINUOUS RIGID INSULATION January 8, 2026 January 28, 2026
2 AESS STEEL AND CMU WALL REINFORCING January 8, 2026 January 28, 2026
3 TRENCH DRAIN QUESTION January 9, 2026 January 28, 2026
4 FRENCH DRAIN QUESTION January 9, 2026 January 28, 2026
Linda McNatt - Amendment, 04-10-26 Page 10
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Project Manual Drawings
04/10/2026 : Date
5 BUILDING PAD PREPARATION January 15, 2026 January 28, 2026
6 ENVIRON. SITE ASSESSMENT/ASBESTOS, DETENTION POND January 15, 2026 January 28, 2026
7 GAS LINE QUESTION January 15, 2026 January 28, 2026
8 SCREEN WALL STRUCTURAL FOUNDATION QUESTIONS January 20, 2026 January 28, 2026
9 RESIDENTIAL APPLIANCE AND WINDOW SHADE QUESTION January 21, 2026 January 28, 2026
10 DEMOLITION QUESTIONS January 21, 2026 January 28, 2026
11 ADD HAWK PRECAST TO SCREEN WALL SPEC, CAST STONE SPEC January 23, 2026 January 28, 2026
12 RETAIL SHELVING QUESTION January 23, 2026 January 28, 2026
PRE-BID RFI'S - BID SET OF DOCUMENTS DATED JANUARY 27, 2026
PRE-BID RFI #DATED RETURNED
1 FRENCH DRAIN QUESTION January 27, 2026 February 11, 2026
2 HEIGHT OF TENSILE SHADE STRUCTURE February 1, 2026 February 11, 2026
3 X-RAY MACHINE QUESTIONS February 3, 2026 February 11, 2026
4 ALT NO. 6 CEILING QUESTIONS, AND OTHER CEILING QUESTION February 5, 2026 February 11, 2026
5 SUBSTITUTION REQUEST - CANOPY SOLUTIONS February 6, 2026 February 11, 2026
6 PVC VENT AND PEX QUESTION February 6, 2026 February 19, 2026
7 ACOUSTICAL PANEL AND HARDWARE SET QUESTIONS February 12, 2026 February 19, 2026
8 SUBSTITUTION REQUEST - OTTO ENVIRONMENTAL February 17, 2026 February 19, 2026
9 SUBSTITUTION REQUEST - EAST TEXAS CANOPIES February 17, 2026 February 19, 2026
10 FIRE ALARM SPECIFICATION AND EMERGENCY RADIO QUESTION February 17, 2026 February 19, 2026
11 SUBSTITUTION REQUEST - ALLEGION COMPANIES February 19, 2026 February 19, 2026
12 30X30 ACT TILE QUESTION February 19, 2026 February 19, 2026
13 INTEGRAL BLIND QUESTION February 20, 2026 February 23, 2026
14 MODIFIED BITUMEN SPECIFICATION February 23, 2026 February 24, 2026
15 SECURITY CAMERA QUESTIONS March 13, 2026 March 20, 2026
16 RESINOUS FLOORING QUESTIONS March 13, 2026
Linda McNatt - Amendment, 04-10-26 Page 11
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Allowances
04/10/2026 : Date
PROJECT:ARCHITECT:
LINDA McNATT ANIMAL CARE & ADOPTION CENTER QUORUM ARCHITECTS, INC.
825 W VICKEY BLVD, SUITE 100SFI JOB No. :FORT WORTH, TEXAS 761045624
ALLOWANCES DESCRIPTION AMOUNT
1 Construction Contingency - Base $404,998
1a Construction Contingency - Alternates 3-8 $10,511
2 Additional Marketplace Risk Contingency - Base $164,405
2a Additional Marketplace Risk Contingency - Alternates 3-8 $4,266
3 Owner Contingency (Carried in Owner's Project Budget)$0
4 Pier Casing Allowance $200,000
5 Hoisting and Equipment $157,301
6 Erosion Control $53,742
7 General Clean-up $111,442
8 Dumpster $100,000
9 Relocation and maintenance of Temporary Dog runs $10,000
10 New and re-coating of existing EIFS (See Exhibit D - Clarifications & Exhibit G Unit
Prices)
$49,392
11 Coordination of new and existing hardware with Access Control equipment $35,000
12 Anesthesia Machines $27,300
13 Patching of Resinous floors in existing areas $10,000
ALLOWANCES INCLUDED IN GMP $1,338,357
Linda McNatt - Amendment, 04-10-26 Page 1
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B - Clarifications
04/10/2026 : Date
PROJECT:ARCHITECT:
LINDA McNATT ANIMAL CARE & ADOPTION CENTER QUORUM ARCHITECTS, INC.
825 W VICKERY BLVD. SUITE 100SFI JOB No. :FORT WORTH, TEXAS 761045624
List of Clarifications, Qualifications, & Assumptions
1
Div 01 General Requirements
1 We have excluded state sales tax on INCORPORATED materials.
2 We have excluded tap, impact & meter fees.
3 The Building Permit cost has been excluded.
4 Plat by others.
5 Bids are based on 100% CD drawings and specifications and other information in this Exhibit B.
6 We have excluded materials testing and special inspections.
7 It is assumed that the contract documents have been reviewed to meet Federal, state and local codes.
8
9
10
11
12
13 Video of recorded training will be provided on a thumb drive.
14 Temporary Environmental Controls, Flush Out & Air contaminant testing is not included in this scope of work.
15
16
17
18
19
20
21
Div 02 Existing Conditions
1
2
Pandemics or global disruption issues may delay delivery of equipment and/or labor. Any and all delays related to pandemics, global
disruptions or unforeseen circumstances outside the Construction Managers control shall be claimed as a day per day delay.
Unforeseen material delivery and availability issues beyond Steele & Freeman's control shall claimed as defined in the Agreement.
Perspective drawings and/or architectural renderings are for conceptual purposes only. Materials, finishes and implied design shall not be
inferred from perspective drawings.
Delegated Design submittals are recognized for the following sections: 03 10 00 Concrete Forming and Accessories, 03 20 00 Concrete
Reinforcing, 05 12 00 Structural Steel Framing (Design Connections), 05 40 00 Cold Formed Metal Framing (Design Calculations), 05 44 00
Cold Formed Metal trusses, 07 40 00 Cladding Support Systems, 09 50 00 Acoustical Ceilings, 13 31 23 Pre-engineered Tensile Shade
Structures, 21 13 00 Automatic Sprinkler Systems, 32 00 00 Concrete Screening Wall, 32 84 00 Irrigation System. No other Delegated
Design requirements are recognized unless noted by section.
We exclude all seismic requirements referenced in the specifications due to the Project's location in Denton does not require any Seismic
consideration.
Deposits required in advance to procure materials will be included on the pay application within the same pay period in which payment is due
for deposit to the subcontractors / suppliers.
Materials that are stored onsite or stored at subcontractor's warehouse will be included on pay applications. Invoices, insurance certificates,
and photos of stored materials will be provided.
This project is not a LEED project, therefor VOC Content Restriction (greater than federal or state requirements) and Commissioning is
excluded.
SFI will notify the Design team of any priority submittals and the importance to ensure project stays on schedule. If additional time is required
for approval, then delay to material fabrication and delivery could affect the construction schedule.
All unforeseen scope not clearly identified , not quantified and/or not properly referenced in the contract will be presented to the Owner as a
Proposed Change (PC).
All utilities including but not limited to domestic water, irrigation water, electricity, gas and communications shall be transferred into the
Owners name at Substantial Completion. These utilities shall be the responsibility of the Contractor until Substantial Completion, and then of
Owner to provide funding from the Date of Substantial completion. All utilities from this date shall not be funded thru the GMP Budget.
Hazardous materials identification, testing, abatement, removal, demolition, and/or disposal is excluded.
Substantiation of subcontractor’s billings with each monthly application for payment to the Owner is limited to the “Total Completed to Date”
amount on the SFI Subcontractor Application for Payment and to Column G “Total Completed and Stored to Date” on the subcontractors
detailed schedule of values.
We have included initial costs to relocate the existing dog kennels and synthetic turf in the sub quotes, and an additional allowance to
maintain and eventually remove at project completion these temporary runs (see Exhibit C - Allowances).
Franchise utility service charges have been excluded for communication lines, , Atmos gas, etc.. Any electrical power service charges will be
paid directly by the City
Linda McNatt - Amendment, 04-10-26 Page 1
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Clarifications
04/10/2026 : Date
Div 03 Concrete
1
2
3 All exposed slab finishes to be Class B
4 Includes the specified Stego - 15 Mil Pango Wrap Termite / Vapor Barrier in lieu of termite treatment of the soil.
Div 05 Metals
1 We have excluded AISC certifications and inspections. (Cooperation with the Owner's inspector is included).
2
3
4
Div 06 Woods, Plastics, and Composites
1 All millwork has been bid to be built to AWI Standards per the specs. AWI Labels are not noted and are excluded.
Div 07 Thermal and Moisture Protection
1
2
3
4
5
6
Div 08 Openings
1
2
3
Div 09 Finishes
1
2
3
4
Closed Cell Spray Foam Insulation is included in the walls where indicated on the documents and per the specifications.
Storefront is included as basis of design Kawneer.
We have included an Allowance for finalization and coordination of new and existing hardware with Access Control equipment (see Exhibit C -
Allowances).
Base ceilings in the rooms identified in Alternate No. 6 (193, 194, 195, 196 & 218) are included as new ACT-1 ceiling, that will re-use the
existing lights as noted in Pre-Bid RFI No. 4.
ACT-2 (30 x 30) is included only in the corridors where shown. All other ceiling tile to be ACT-1.
All piers have been bid as dry, with an anticipated bid depth of 21' per the documents. A pier casing allowance is included per the
Specifications (see Exhibit C - Allowances).
All material sizing to comply with U.L. requirements is the responsibility of the Architect and Engineer and not the Construction Manager.
Upsizing of steel beyond what is clearly shown, sized and located in the contract documents is excluded.
Metal roof panels bid as PAC-CLAD Tite Lock panels as specified. Finish to be selected from manufacturer’s standard, non-metallic, color
selection.
The final version of the Section 05 40 00 light gauge framing and Section 05 44 00 light gauge steel truss shop drawings will include design
calculations for framing members and accessories as specified.
Per Permit Set Pre-Bid RFI #01 and as specified, the Rigid insulation at the exterior will be as specified in 07 21 00 as equal to “THERMAX,
XARMOR™ ci Exterior Insulation” with a 4-mil front facer and 1.25 mil embossed aluminum back facer, installed as required by the
manufacturers recommendations for a warrantable system. The Fluid Applied Air Barrier is to be as specified and manufactured by Prosoco
(or equal).
This project includes minimal AESS Level 1 only as noted on Permit Pre-Bid RFI No. 2 for the exposed structural steel column and beams at
the exterior dog kennels.
Metal soffit panels bid as PAC-CLAD Aluminum Flush Panel System as specified. Finish to be selected from manufacturer’s wood grain (where
indicated) and standard, non-metallic, color selection at all other areas.
Metal wall panels bid as PAC-CLAD Flush Reveal Metal Wall Panels with concealed clips as specified, installations as shown. Finishes to be
selected from manufacturer’s standard color selection.
Refer to Exhibit G for the unit prices per pier type to adjust the pier bid depth per LF, as well as unit costs and mobilization costs required if
casing is required.
We have included an allowance for the new and re-coating of existing EIFS. Scope includes defined work of new 3" EIFS on north elevation of
Area B (3/A202) and all other areas noted on exterior elevations to be patched and repaired as needed. Subcontract will include a set price
for the new work and a $/SF unit price for patching and repairs to be agreed by all parties that will be used to reconcile the allowance
included in Exhibit C - Allowances.
Modified Bitumen Roof System to be per specification 07 52 16 and 07 52 17 as issued in Pre-Bid RFI No. 14, with details and be a Johns
Mannsville (or equal) system.
If Alternate No. 6 is approved, then Rooms 193, 194, 195, 196 & 218 will receive gypboard ceilings and new light fixtures as shown on the
documents, and clarified in Pre-Bid RFI No. 4..
The integral blinds specified in Section 08 80 00, Paragraph 2.03E were deleted per Pre-bid RFI No. 13 and are excluded.
Linda McNatt - Amendment, 04-10-26 Page 2
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Clarifications
04/10/2026 : Date
Div 10 Specialties
1
Div 11 Equipment
1
2.
Div 12 Furnishings
1 We have excluded all furniture, except as noted as millwork in Div 6
Div 13 Special Construction
1
a. Saloon Style Pass Thru - BiteGuard 1632 dog door and Surface Mount Frame furnished and installed by PD USA as specified.
Div 21 Fire Suppression
1
2 The fire suppression system is delegated-design.
3 Flexible type sprinkler heads are included.
4
Div 22 Plumbing
1
2
3
Div 23 Mechanical
1
Div 26 Electrical
1
2
3
4
Residential Appliances are included as noted on the documents and per the Matrix on G-005.
It is assumed that the water main will have sufficient pressure to serve this building; therefore, a Domestic Water Pump has been excluded.
d. Surgery tables to be as specified or equal to ShorLine SKU #903.4100.02 V-Top Surgery Table Hydraulic Lift V-top Table. Qty. 3 (Electric,
heated v-top surgery tables)
e. We have included an Allowance for the specified Anesthesia machines s (see Exhibit C - Allowances).
Coverage for the building will be as noted on FP-101, either wet pipe (with ordinary or light hazard), and either dry pipe or dry sidewall heads
as designed by the a licensed fire protection contractor as specified.
Animal equipment is included furnished and installed as specified, from Tristar, with the exception of the following items to be purchased
separately:
b. 1 set per cat cage - Kennel Gear double stainless-steel bowls with door mount. Kennel Gear bowls equal to Shor-Line #190.0005.00.
Bowls shall be 20oz x 2 mounts per cage color to be selected.
c. Surgical/Exam Lights: (Surgery, Room # 179, Flex #176, & Medical #204) Qty 4, to be as specified or equal to Shoreline Prelude Surgical
LED ceiling mount light SKU #913.8000.04
Specialties are included as noted on the documents and per the Matrix on G-005.
It is assumed that the water main will have sufficient pressure to serve the building; therefore, a Fire Pump has been excluded.
SFI scope for the gas lines begins at the Gas Meter to be relocated by the Utility Company as noted on P-101B and clarified on Permit Set Pre-
Bid RFI #07, with Atmos responsible for sizing the appropriate meter to meet the noted load and pressures. This new meter must be moved in
a timely manner to allow for the new gas line to be run for the building to be re-routed so the building pad can be re-routed and tied back in to
the existing service location. Shutdowns will be scheduled with the Owner as required to minimize disruptions to the existing services.
Conduit stub-ups and back boxes for fire alarm is included where shown on ELV-101.
Owner is responsible for disconnecting and reinstalling the existing X-Ray machine as noted in Pre-Bid RFI No. 3.
It is assumed that the MEP engineer has verified that the entire sanitary sewer run will have sufficient code required slope from the furthest
plumbing lines in Room 132 (other than revising the main sanitary line in the crawl space from 4" to 6"). No provisions have been included to
adjust the existing 6" SS line past where the new 6" line is shown to tie into the line on P-101D.
It is assumed that the MEP engineer has designed the new ductwork routing through the existing trusses without having to modify the
trusses. Contractor will utilize BIM coordination as early as possible and identify clashes with the existing structure and work to resolve any
conflicts, prior to duct being fabricated.
Arc Flash/Coordination Studies are shown on E-402 and will be included after the actual conductor lengths can be obtained as noted.
In order to be able to excavate and moisture condition the new building pad, the existing power serving the animal shelter will be re-routed
around the new pad area, and through the crawl space.
Conduit stub-ups and back boxes are included as shown on the Low Voltage Power Plan (ELV-101) and assumes all required points have been
coordinated with the HDG Security and IT Drawings.
Linda McNatt - Amendment, 04-10-26 Page 3
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Clarifications
04/10/2026 : Date
Div 27 Communications
1.
Div 28 Electronic Safety & Security
1 Fire alarm is included as specified provided in Pre-Bid RFI No. 10,
2
3 Access controls and cameras are as specified and shown on the HDG Security
4
Div 31 Earthwork
1 We have excluded the disposal of any contaminated soils.
2
3
4 Earthwork is to grade (within 0.2')
Div 32 Exterior Improvements
1 Landscape scope will be substantially complete when the following conditions are met:
* Fine Grading has been completed for landscaped areas
* Landscape items (Plantings, sod, rocks) are laid & planted
Establishment of landscape items will be monitored and addressed during the warranty period
* Irrigation systems are installed, functioning and programmed
In addition - when irrigation meters & boxes have been accepted by the Authority Having Jurisdiction (AHJ)
Div 33 Utilities
1
2
Building pad will be per the General Notes on S-001. Depth of moisture conditioned soils to be verified by Owners Geotechnical Lab, and
coordinated with the engineer of record to ensure compliance with the engineer of records intent.
Identification of geological strata's including bearing strata are to be identified by the Owner's Testing Laboratory Service.
Per Permit Pre-Bid RFI No. 6, the Environmental Site Assessment Study was not required for this project.
Cabling for both structured cabling (27 10 00) and electronic security (27 15 01.11) will be installed by the low voltage subcontractor.
Structured cabling will be terminated by the low voltage subcontractor, while Security and Access Control devices will be terminated under the
Division 28 Security and Access Control subcontractor.
A new Emergency Radio Communication Enhancement System and testing (BDA System) is excluded per Pre-Bid RFI No. 10.
Extension and reworking of the existing Silent Knight fire alarm system is included with devices either reused and tested or new as specified
and required for a complete code compliant system.
Utilities are included as noted on the documents. Trench Drains to be supplied and installed by the plumber, with final connections by the
Utility Subcontractor.
Linda McNatt - Amendment, 04-10-26 Page 4
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Schedule
04/10/2026 : Date
PROJECT:ARCHITECT:
LINDA McNATT ANIMAL CARE & ADOPTION CENTER QUORUM ARCHITECTS, INC.
825 W VICKEY BLVD, SUITE 100SFI JOB No. :FORT WORTH, TEXAS 76104
5624
GENERAL CONSTRUCTION
See Attached Denton Animal Care and Control Schedule, Dated 05/11/26 (6 pages)
Estimated Substantial Completion to be within 548 calendar days from Notice-to-Proceed and/or the issuance of the full and
unrestricted building permit(s), which ever is the later.
Linda McNatt - Amendment, 04-10-26 Page 1 of 7
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
ID Description Original
Duration Start Finish
DENTON ANIMAL CARE AND CONTROL
PRE-CONSTRUCTION
ADMIN
10 BUILDING PERMIT ISSUED 0 05/08/26
20 NOTICE TO PROCEED (PENDING PERMIT)0 05/11/26
CONSTRUCTION
PHASE 1
1000 P1 - RELOCATE DOG RUNS 5 05/11/26 05/15/26
1010 P1 - ROUGH GRADE SITE 5 05/18/26 05/22/26
1020 P1 - MOISTURE CONDITION 5 05/25/26 05/29/26
1030 P1 - DOMESTIC WATER 12 06/01/26 06/16/26
1040 P1 - FIRE LINE 16 06/17/26 07/08/26
1050 P1 - TEMP ELECTRICAL SERVICE 8 05/11/26 05/20/26
1060 P1- NEW ELECTRICAL SERVICE 8 05/21/26 06/01/26
1070 P1 - STORM DRAINS 20 06/01/26 06/26/26
1080 P1 - DENTION POND 30 06/01/26 07/10/26
1090 P1 - PIERS AREA A (56)11 06/02/26 06/16/26
1100 P1 - PIERS AREA B (30)6 06/17/26 06/24/26
1110 P1 - GRADE BEAMS AREA A 18 06/17/26 07/10/26
1120 P1 - GRADE BEAMS AREA B 10 07/13/26 07/24/26
1130 P1 - FRP PARKING LOT 16 07/09/26 07/30/26
1140 P1- UNDERGROUND PLUMBING 22 06/17/26 07/16/26
1150 P1 - UNDERGROUND ELECTRICAL 12 06/17/26 07/02/26
1160 P1- SLAB POUR 1 - AREA A 10 07/13/26 07/24/26
1170 P1 - SLAB POUR 2 - AREA B KENNELS18 07/27/26 08/19/26
1180 P1 - CMU AREA B 15 08/20/26 09/09/26
1190 P1 - STUCTURAL STEEL - AREA A 10 07/27/26 08/07/26
1200 P1 - STRUCTURAL STEEL - AREA B 15 08/20/26 09/09/26
1210 P1 - ROOF FRAMING 5 09/10/26 09/16/26
1220 P1 - JOISTS & DECK 5 09/17/26 09/23/26
1230 P1 - MOD BIT ROOF 6 09/24/26 10/01/26
1240 P1 - ROOF CURBS 3 10/02/26 10/06/26
1250 P1 - SET RTUS 5 10/07/26 10/13/26
2026 2027
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct N
Project StartProject FinishData DateBUILDING PERMIT ISSUED
NOTICE TO PROCEED (PENDING PERMIT)
P1 - RELOCATE DOG RUNS
P1 - ROUGH GRADE SITE
P1 - MOISTURE CONDITION
P1 - DOMESTIC WATER
P1 - FIRE LINE
P1 - TEMP ELECTRICAL SERVICE
P1- NEW ELECTRICAL SERVICE
P1 - STORM DRAINS
P1 - DENTION POND
P1 - PIERS AREA A (56)
P1 - PIERS AREA B (30)
P1 - GRADE BEAMS AREA A
P1 - GRADE BEAMS AREA B
P1 - FRP PARKING LOT
P1- UNDERGROUND PLUMBING
P1 - UNDERGROUND ELECTRICAL
P1- SLAB POUR 1 - AREA A
P1 - SLAB POUR 2 - AREA B KENNELS
P1 - CMU AREA B
P1 - STUCTURAL STEEL - AREA A
P1 - STRUCTURAL STEEL - AREA B
P1 - ROOF FRAMING
P1 - JOISTS & DECK
P1 - MOD BIT ROOF
P1 - ROOF CURBS
P1 - SET RTUS
Data Date: 05/11/26
Denton Animal Care
Page 1A
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
ID Description Original
Duration Start Finish
1260 P1 - SS METAL ROOF 18 10/02/26 10/27/26
1270 P1 - EXTERIOR WALL MTL STUD FRAMING12 09/24/26 10/09/26
1280 P1 - MEP OH ROUGH IN 12 10/14/26 10/29/26
1290 P1 - FIRE SPRINKLER OH ROUGH IN 8 10/28/26 11/06/26
1300 P1 - EXTERIOR SHEATHING & INSULATION9 10/12/26 10/22/26
1310 P1 - WINDOW FRAME ROUGH IN 10 10/23/26 11/05/26
1320 P1 - MASONRY 40 11/06/26 12/31/26
1330 P1 - STOREFRONTS 14 11/10/26 11/27/26
1340 P1 - INSTALL GLAZING 4 01/01/27 01/06/27
1350 P1 - MEP WALL ROUGH 18 10/30/26 11/24/26
1360 P1 - WATERPROOFING 12 10/23/26 11/09/26
1370 P1 - EXTERIOR BUILDING LIGHTS 5 01/01/27 01/07/27
1380 P1 - CANOPIES 12 01/01/27 01/18/27
1390 P1 - ELECTRICAL PANELS 8 11/10/26 11/19/26
1400 P1 - EPOXY WALL PAINT - KENNELS 8 11/10/26 11/19/26
1410 P1 - EXPOXY FLOORS - KENNELS 13 11/20/26 12/08/26
1420 P1 - SS PARTITIONS 22 12/09/26 01/07/27
1430 P1 - FRAME INTERIOR STUD WALLS 10 11/10/26 11/23/26
1440 P1 - MEP & LOW VOLTAGE WALL ROUGH10 11/24/26 12/07/26
1450 P1 - OUTDOORS RUN FENCES 10 01/08/27 01/21/27
1460 P1 - 2 SIDE INTERIOR WALLS 6 12/08/26 12/15/26
1470 P1 - TAPE, BED & PAINT - ADMIN 3 12/16/26 12/18/26
1480 P1 - FRAME HARD CEILINGS 3 12/16/26 12/18/26
1490 P1 - CEILING GRIDS 4 12/21/26 12/24/26
1500 P1 - HVAC GRILLS & DIFFUSERS 2 12/25/26 12/28/26
1510 P1 - MILLWORK 5 12/21/26 12/25/26
1520 P1 - ELECTRICAL FIXTURES 6 12/29/26 01/05/27
1530 P1 - DROP SPRINKLER HEADS 3 12/29/26 12/31/26
1540 P1 - FIRE ALARM FINISH OUT 3 12/29/26 12/31/26
1550 P1 - HVAC START UP 5 01/01/27 01/07/27
1560 P1 - ABOVE CEILING INSPECTIONS 1 01/08/27 01/08/27
1570 P1 - CEILING TILE 2 01/11/27 01/12/27
1580 P1 - TRIM OUT MEP & LOW VOLTAGE 3 01/13/27 01/15/27
1590 P1 - PLUMBING FIXTURES 4 12/28/26 12/31/26
2026 2027
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct N
Project StartProject FinishData DateP1 - SS METAL ROOF
P1 - EXTERIOR WALL MTL STUD FRAMING
P1 - MEP OH ROUGH IN
P1 - FIRE SPRINKLER OH ROUGH IN
P1 - EXTERIOR SHEATHING & INSULATION
P1 - WINDOW FRAME ROUGH IN
P1 - MASONRY
P1 - STOREFRONTS
P1 - INSTALL GLAZING
P1 - MEP WALL ROUGH
P1 - WATERPROOFING
P1 - EXTERIOR BUILDING LIGHTS
P1 - CANOPIES
P1 - ELECTRICAL PANELS
P1 - EPOXY WALL PAINT - KENNELS
P1 - EXPOXY FLOORS - KENNELS
P1 - SS PARTITIONS
P1 - FRAME INTERIOR STUD WALLS
P1 - MEP & LOW VOLTAGE WALL ROUGH
P1 - OUTDOORS RUN FENCES
P1 - 2 SIDE INTERIOR WALLS
P1 - TAPE, BED & PAINT - ADMIN
P1 - FRAME HARD CEILINGS
P1 - CEILING GRIDS
P1 - HVAC GRILLS & DIFFUSERS
P1 - MILLWORK
P1 - ELECTRICAL FIXTURES
P1 - DROP SPRINKLER HEADS
P1 - FIRE ALARM FINISH OUT
P1 - HVAC START UP
P1 - ABOVE CEILING INSPECTIONS
P1 - CEILING TILE
P1 - TRIM OUT MEP & LOW VOLTAGE
P1 - PLUMBING FIXTURES
Data Date: 05/11/26
Denton Animal Care
Page 2A
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
ID Description Original
Duration Start Finish
1600 P1 - FINAL PAINT WALLS 4 01/13/27 01/18/27
1608 P1 - ADMIN EPOXY FLOORS 12 12/28/26 01/12/27
1610 P1 - INSTALL DOORS & HARDWARE 8 01/13/27 01/22/27
1620 P1 - LVT & LVT CUTOUTS 10 01/13/27 01/26/27
1630 P1 - ACESS CONTROLS 4 01/25/27 01/28/27
1650 P1 - PHASE 1 PUNCH LIST 10 01/29/27 02/11/27
1660 P1 - TURN OVER TO OWNER 3 02/12/27 02/16/27
PHASE 2
2000 P2 - NTP PHASE 2 0 02/17/27
2010 P2 - SELECTIVE INTERIOR DEMO 5 02/17/27 02/23/27
2020 P2 - DEMO EXISTING CEILINGS 3 02/24/27 02/26/27
2030 P2 - MODIFY EXIST. FIRE SPRINKLER15 03/01/27 03/19/27
2040 P2 - SELECTIVE MECH DEMO 5 03/01/27 03/05/27
2050 P2 - ROUGH IN UNDERFLOOR PLUMBING15 02/24/27 03/16/27
2060 P2 - ELECTRICAL OH ROUGH 12 03/08/27 03/23/27
2070 P2 - MECH OH ROUGH 14 03/08/27 03/25/27
2080 P2 - INTERIOR WALL FRAMING & ONE SIDE8 03/17/27 03/26/27
2090 P2 - DOOR FRAMES 6 03/29/27 04/05/27
2100 P2 - FRAME HARD CEILINGS 4 03/29/27 04/01/27
2110 P2 - EPOXY FLOORS 14 03/29/27 04/15/27
2120 P2 - GUILLOTINE DOORS 25 04/16/27 05/20/27
2130 P2 - IN WALL MEP ROUGH 6 03/29/27 04/05/27
2140 P2 - TWO SIDE INTERIOR WALLS 4 04/06/27 04/09/27
2150 P2 - SHOWER FLOOR & WALL PREP 4 04/12/27 04/15/27
2160 P2 - WALL PAINT FIRST COAT 8 04/16/27 04/27/27
2170 P2 - FLOOR TILE 8 04/16/27 04/27/27
2180 P2 - WALL TILE 12 04/28/27 05/13/27
2190 P2 - MILLWORK 12 05/14/27 05/31/27
2200 P2 - LOCKERS 5 06/01/27 06/07/27
2210 P2 - PLUMBING FIXTURES 8 06/01/27 06/10/27
2220 P2 - ELECTRICAL FIXTURES 6 06/01/27 06/08/27
2230 P2 - DROP SPRINKLER HEADS 3 06/01/27 06/03/27
2240 P2 - FIRE ALARM FINISH OUT 3 06/04/27 06/08/27
2250 P2 - HVAC START UP 5 06/09/27 06/15/27
2026 2027
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct N
Project StartProject FinishData DateP1 - FINAL PAINT WALLS
P1 - ADMIN EPOXY FLOORS
P1 - INSTALL DOORS & HARDWARE
P1 - LVT & LVT CUTOUTS
P1 - ACESS CONTROLS
P1 - PHASE 1 PUNCH LIST
P1 - TURN OVER TO OWNER
P2 - NTP PHASE 2
P2 - SELECTIVE INTERIOR DEMO
P2 - DEMO EXISTING CEILINGS
P2 - MODIFY EXIST. FIRE SPRINKLER
P2 - SELECTIVE MECH DEMO
P2 - ROUGH IN UNDERFLOOR PLUMBING
P2 - ELECTRICAL OH ROUGH
P2 - MECH OH ROUGH
P2 - INTERIOR WALL FRAMING & ONE SIDE
P2 - DOOR FRAMES
P2 - FRAME HARD CEILINGS
P2 - EPOXY FLOORS
P2 - GUILLOTINE DOORS
P2 - IN WALL MEP ROUGH
P2 - TWO SIDE INTERIOR WALLS
P2 - SHOWER FLOOR & WALL PREP
P2 - WALL PAINT FIRST COAT
P2 - FLOOR TILE
P2 - WALL TILE
P2 - MILLWORK
P2 - LOCKERS
P2 - PLUMBING FIXTURES
P2 - ELECTRICAL FIXTURES
P2 - DROP SPRINKLER HEADS
P2 - FIRE ALARM FINISH OUT
P2 - HVAC START UP
Data Date: 05/11/26
Denton Animal Care
Page 3A
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
ID Description Original
Duration Start Finish
2260 P2 - ABOVE CEILING INSPECTIONS 1 06/16/27 06/16/27
2270 P2 - CEILING TILE 2 06/17/27 06/18/27
2280 P2 - TRIM OUT MEP & LOW VOLTAGE 3 06/21/27 06/23/27
2290 P2 - FINAL PAINT WALLS 4 06/21/27 06/24/27
2300 P2 - INSTALL DOORS & HARDWARE 6 06/25/27 07/02/27
2310 P2 - ACESS CONTROLS 6 07/05/27 07/12/27
2320 P2 - PHASE 2 PUNCH LIST 10 07/13/27 07/26/27
2450 P2 - TURN OVER TO OWNER 3 07/27/27 07/29/27
PHASE 3
3000 P3 - NTP PHASE 3 0 02/17/27
3010 P3 - SELECTIVE INTERIOR DEMO 10 02/17/27 03/02/27
3020 P3 - SELECTIVE SLAB DEMO 5 03/03/27 03/09/27
3030 P3 - SLAB POUR BACK 11 03/10/27 03/24/27
3040 P3 - DEMO EXISTING CEILINGS 4 03/04/27 03/09/27
3050 P3 - MODIFY EXIST. FIRE SPRINKLER25 03/10/27 04/13/27
3060 P3 - SELECTIVE MECH DEMO 5 03/10/27 03/16/27
3070 P3 - ROUGH IN UNDERFLOOR PLUMBING15 03/25/27 04/14/27
3080 P3 - ELECTRICAL OH ROUGH 12 03/17/27 04/01/27
3090 P3 - MECH OH ROUGH 22 03/17/27 04/15/27
3100 P3 - INTERIOR WALL FRAMING & ONE SIDE8 04/15/27 04/26/27
3110 P3 - DOOR FRAMES 6 04/27/27 05/04/27
3120 P3 - FRAME HARD CEILINGS 8 04/27/27 05/06/27
3130 P3 - EPOXY FLOORS 30 04/27/27 06/07/27
3140 P3 - SS KENNELS 25 06/08/27 07/12/27
3150 P3 - IN WALL MEP ROUGH 12 04/27/27 05/12/27
3160 P3 - TWO SIDE INTERIOR WALLS 4 05/13/27 05/18/27
3170 P3 - WALL PAINT FIRST COAT 8 05/07/27 05/18/27
3180 P3 - FLOOR TILE 8 05/07/27 05/18/27
3190 P3 - WALL TILE 8 05/19/27 05/28/27
3200 P3 - MILLWORK 15 05/31/27 06/18/27
3210 P3 - CLINIC EQUIPMENT 15 05/31/27 06/18/27
3220 P3 - PLUMBING FIXTURES 15 06/21/27 07/09/27
3230 P3 - ELECTRICAL FIXTURES 12 06/21/27 07/06/27
3240 P3 - DROP SPRINKLER HEADS 3 06/21/27 06/23/27
2026 2027
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct N
Project StartProject FinishData DateP2 - ABOVE CEILING INSPECTIONS
P2 - CEILING TILE
P2 - TRIM OUT MEP & LOW VOLTAGE
P2 - FINAL PAINT WALLS
P2 - INSTALL DOORS & HARDWARE
P2 - ACESS CONTROLS
P2 - PHASE 2 PUNCH LIST
P2 - TURN OVER TO OWNER
P3 - NTP PHASE 3
P3 - SELECTIVE INTERIOR DEMO
P3 - SELECTIVE SLAB DEMO
P3 - SLAB POUR BACK
P3 - DEMO EXISTING CEILINGS
P3 - MODIFY EXIST. FIRE SPRINKLER
P3 - SELECTIVE MECH DEMO
P3 - ROUGH IN UNDERFLOOR PLUMBING
P3 - ELECTRICAL OH ROUGH
P3 - MECH OH ROUGH
P3 - INTERIOR WALL FRAMING & ONE SIDE
P3 - DOOR FRAMES
P3 - FRAME HARD CEILINGS
P3 - EPOXY FLOORS
P3 - SS KENNELS
P3 - IN WALL MEP ROUGH
P3 - TWO SIDE INTERIOR WALLS
P3 - WALL PAINT FIRST COAT
P3 - FLOOR TILE
P3 - WALL TILE
P3 - MILLWORK
P3 - CLINIC EQUIPMENT
P3 - PLUMBING FIXTURES
P3 - ELECTRICAL FIXTURES
P3 - DROP SPRINKLER HEADS
Data Date: 05/11/26
Denton Animal Care
Page 4A
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
ID Description Original
Duration Start Finish
3250 P3 - FIRE ALARM FINISH OUT 4 06/24/27 06/29/27
3260 P3 - HVAC START UP 3 06/30/27 07/02/27
3270 P3 - ABOVE CEILING INSPECTIONS 1 07/05/27 07/05/27
3280 P3 - CEILING TILE 4 07/06/27 07/09/27
3290 P3 - TRIM OUT MEP & LOW VOLTAGE 5 07/12/27 07/16/27
3300 P3 - FINAL PAINT WALLS 6 07/12/27 07/19/27
3310 P3 - INSTALL DOORS & HARDWARE 5 07/20/27 07/26/27
3320 P3 - ACESS CONTROLS 4 07/27/27 07/30/27
3330 P3 - PHASE 2 PUNCH LIST 10 08/02/27 08/13/27
3340 P3 - TURN OVER TO OWNER 3 08/16/27 08/18/27
3350 P3 - SELECTIVE EARTHWORK 5 02/10/27 02/16/27
3360 P3 - STORM DRAINS 8 02/17/27 02/26/27
3370 P3 - SIEWALKS & CURB RAMPS 8 02/17/27 02/26/27
3380 P3 - SITE LIGHTING ROUGH IN 6 03/01/27 03/08/27
3390 P3 - SITE LIGHTING PIERS 8 03/09/27 03/18/27
3400 P3 - EXTERIOR LIGHT POLES 4 03/19/27 03/24/27
3410 P3 - IRRIGATION MAIN LINE 10 03/19/27 04/01/27
3420 P3 - IRRIGATION BRANCH LINES 15 04/02/27 04/22/27
3430 P3 - IRRIGATION HEADS 5 04/23/27 04/29/27
3440 P3 - LANDSCAPE TREES 3 04/30/27 05/04/27
3450 P3 -LANDSCAPE TURF & SHRUBS 8 05/05/27 05/14/27
3460 P3 - OUTDOOR YARD MOW STRIP & FENCE POST803/19/27 03/30/27
3470 P3 - OUTDOOR YARD LINK & GATES 4 03/31/27 04/05/27
3480 P3 - SYNTHETIC TURF 12 04/06/27 04/21/27
3490 P3 - SET AREA DRAIN ELEVATIONS 2 04/22/27 04/23/27
3500 P3 - OUTDOOR YARD ACCESSORIES10 04/26/27 05/07/27
CLOSEOUT
4000 Project Closeout 20 06/21/27 07/16/27
4010 HVAC, Plumbing & Lighting Commissioning10 07/19/27 07/30/27
4020 Owner Training 10 08/02/27 08/13/27
4030 Substantial Completion 0 08/18/27
4040 Owner Punch List 15 08/19/27 09/08/27
4050 Final Completion 0 11/10/27
WEATHER DAYS
2026 2027
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct N
Project StartProject FinishData DateP3 - FIRE ALARM FINISH OUT
P3 - HVAC START UP
P3 - ABOVE CEILING INSPECTIONS
P3 - CEILING TILE
P3 - TRIM OUT MEP & LOW VOLTAGE
P3 - FINAL PAINT WALLS
P3 - INSTALL DOORS & HARDWARE
P3 - ACESS CONTROLS
P3 - PHASE 2 PUNCH LIST
P3 - TURN OVER TO OWNER
P3 - SELECTIVE EARTHWORK
P3 - STORM DRAINS
P3 - SIEWALKS & CURB RAMPS
P3 - SITE LIGHTING ROUGH IN
P3 - SITE LIGHTING PIERS
P3 - EXTERIOR LIGHT POLES
P3 - IRRIGATION MAIN LINE
P3 - IRRIGATION BRANCH LINES
P3 - IRRIGATION HEADS
P3 - LANDSCAPE TREES
P3 -LANDSCAPE TURF & SHRUBS
P3 - OUTDOOR YARD MOW STRIP & FENCE POST
P3 - OUTDOOR YARD LINK & GATES
P3 - SYNTHETIC TURF
P3 - SET AREA DRAIN ELEVATIONS
P3 - OUTDOOR YARD ACCESSORIES
Project Closeout
HVAC, Plumbing & Lighting Commissioning
Owner Training
Substantial Completion
Owner Punch List
Data Date: 05/11/26
Denton Animal Care
Page 5A
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ID Description Original
Duration Start Finish
4060 Weather Days May 2026 3 09/09/27 09/13/27
4070 Weather Days June 2026 2 09/14/27 09/15/27
4080 Weather Days July 2026 3 09/16/27 09/20/27
4090 Weather Days August 2026 2 09/21/27 09/22/27
4100 Weather Days Sept 2026 3 09/23/27 09/27/27
4110 Weather Days Oct 2026 2 09/28/27 09/29/27
4120 Weather Days Nov 2026 3 09/30/27 10/04/27
4130 Weather Days Dec 2026 2 10/05/27 10/06/27
4140 Weather Days Jan 2027 3 10/07/27 10/11/27
4150 Weather Days Febr 2027 2 10/12/27 10/13/27
4160 Weather Days March 2027 3 10/14/27 10/18/27
4170 Weather Days April 2027 2 10/19/27 10/20/27
4180 Weather Days May 2027 3 10/21/27 10/25/27
4190 Weather Days June 2027 2 10/26/27 10/27/27
4200 Weather Days July 2027 3 10/28/27 11/01/27
4210 Weather Days August 2027 2 11/02/27 11/03/27
4220 Weather Days Sept 2027 3 11/04/27 11/08/27
4230 Weather Days Oct 2027 2 11/09/27 11/10/27
2026 2027
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct N
Project StartProject FinishData DateWeather Days May 2026
Weather Days June 2026
Weather Days July 2026
Weather Days August 2026
Weather Days Sept 2026
Weather Days Oct 2026
Weather Days Nov 2026
Weather Days Dec 2026
Weather Days Jan 2027
Weather Days Febr 2027
Weather Days March 2027
Weather Days April 2027
Weather Days May 2027
Weather Days June 2027
Weather Days July 2027
Weather Days August 20
Weather Days Sept 202
Data Date: 05/11/26
Denton Animal Care
Page 6A
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Alternates
04/10/2026 : Date
PROJECT:ARCHITECT:
LINDA McNATT ANIMAL CARE & ADOPTION CENTER QUORUM ARCHITECTS, INC.
825 W VICKERY BLVD, SUITE 100SFI JOB No. :FORT WORTH, TEXAS 76104
ALTERNATES Amount Approved/Reject
$186,865 REJECTED
ALT. NO. 2 - MONUMENT SIGN $123,375 REJECTED
ALT. NO. 3 - ADD NEW 10' SIDEWALK $51,918 APPROVED
$212,930 APPROVED
$30,331 APPROVED
$48,529 APPROVED
ALT. NO. 7 - ADD TUBULAR DAYLIGHT TUBES $69,428 APPROVED
$17,842 APPROVEDALT. NO. 8 - NEW PAINT IN KENNEL RMS 193, 194, 195, 196 & 216
5624
ALT. NO. 1 - ADD SPLASH PAD
ALT. NO. 4 - REPLACE EXSTNG KENNEL TOPS & FRONTS
ALT. NO. 5 - ADD NEW ACOUSTICAL PANELS
ALT. NO. 6 - GYP/PAINT IN KENNEL RMS 193, 194, 195, 196 & 216
Linda McNatt - Amendment, 04-10-26 Page 1
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Unit Prices
04/10/2026 : Date
PROJECT:ARCHITECT:
LINDA McNATT ANIMAL CARE & ADOPTION CENTER QUORUM ARCHITECTS, INC.
825 W VICKERY BLVD, SUITE 100SFI JOB No. :FORT WORTH, TEXAS 76104
5624
UNIT PRICES DESCRIPTION
Piers - Unit Prices Adjusted from Bid Depth of 21'-0" per Linear Foot
1 18" Pier $80.00 /LF ($6.00)/LF
2 24" Pier $96.00 /LF ($7.50)/LF
Casing - Unit Prices *
1 18" Pier $74.00 /LF
2 24" Pier $82.00 /LF
1 $12.00 /SF
ADD DEDUCT
* Note: Casing shall be paid according to the unit rates in the table provided. In the event piers are cased, the
greater of the sum of the unit rate times the total footage cased or $12,000 shall apply.
Keyed Elevation Note 36 - Existing EIFS to Remain/Patch and Repair New Paint
Linda McNatt - Amendment, 04-10-26 Page 1
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Exhibit 'B' - Guaranteed Maximaum Price
04/10/2026 : Date
PROJECT:ARCHITECT:
LINDA McNATT ANIMAL CARE & ADOPTION CENTER QUORUM ARCHITECTS, INC.
825 W VICKERY BLVD, SUITE 100SFI JOB No. :FORT WORTH, TEXAS 76104
5624
COST SUMMARY - GUARANTEED MAXIMUM PRICE
DIVISION BID PACKAGE DESCRIPTION TOTAL COST
01 GENERAL REQUIREMENTS $937,484
02 EXISTING CONDITIONS $151,900
03 CONCRETE $997,000
04 MASONRY $449,047
05 METALS $554,877
06 WOODS, PLASTICS and COMPOSITES $447,583
07 THERMAL and MOISTURE PROTECTION $799,341
08 OPENINGS $701,925
09 FINISHES $1,546,477
10 SPECIALTIES $246,865
11 EQUIPMENT $1,192,786
12 FURNISHINGS $2,585
13 SPECIAL CONSTRUCTION $0
21 FIRE SUPPRESSION $110,960
22 PLUMBING $1,097,986
23 MECHANICAL $1,222,778
26 ELECTRICAL $1,440,692
27 COMMUNICATION $121,964
28 ELECTRONIC SAFETY AND SECURITY $428,136
31 EARTHWORK $383,225
32 EXTERIOR IMPROVEMENTS $658,520
33 UTILITIES $334,357
COST OF WORK - SUBTOTAL $13,826,488
00 SUBCONTRACTOR DEFAULT INSURANCE FEE $205,229
00 CONTRACTOR CONTINGENCY $404,998
00 ADDITIONAL MARKET RISK $164,405
00 CONSTRUCTION MANAGER FEE $575,835
00 PAYMENT and PERFORMANCE BONDS $134,500
00 BUILDERS RISK $41,512
00 GENERAL / EXCESS LIABILITY $76,383
01 GENERAL CONDITION EXPENSE $1,147,325
01 TWO YEAR MAINTENANCE BOND $28,228
SUBTOTAL $16,604,903
APPROVED ALTERNATES 3-8 $430,977
TOTAL GMP $17,035,880
Linda McNatt - Amendment, 04-10-26 Page 1
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
SFI Construction Management Plan Exhibit
04/10/2026 : Date
PROJECT:ARCHITECT:
LINDA McNATT ANIMAL CARE & ADOPTION CENTER QUORUM ARCHITECTS, INC.
825 W VICKEY BLVD, SUITE 100SFI JOB No. :FORT WORTH, TEXAS 76104
5624
Construction Management Plan Exhibit
The Steele & Freeman Project Management Initiative is a process for developing and documenting the art and science of Quality
Assurance and Quality Control. The result is a QA/QC manual designed for use by Project Managers and Superintendents.
This Quality Assurance Plan is a part of the Steele & Freeman Project Management Manual and covers five phases of Quality
Management: Pre-Construction, Pre-installation, Construction, After Care and Close-out.
This program is a Steele & Freeman goal for keeping quality and integrity in the process of delivering a building. We are
continually searching for a “better way” of delivering high value projects to owners and clients. At Steele & Freeman, design and
construction are not separate activities but instead are a single integrated process that starts at programming and ends with a
product that functions as intended.
A full copy of the Steele & Freeman Quality Assurance/Quality Control plan has been transmitted to City of Denton Capital
Projects/Engineering Department.
Linda McNatt - Amendment, 04-10-26 Page 1
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
EXHIBIT C – TECHNICAL SPECIFICATIONS
Technical Specifications as specified in EXHIBIT B – APPROVED GMP PROPOSAL are set
forth herein in full OR made part of this Agreement by reference OR made part of this
Agreement as a separate attachment.
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EXHIBIT D – CONSTRUCTION DRAWINGS
Construction Drawings as specified in EXHIBIT B – APPROVED GMP PROPOSAL are
made part of this Agreement by reference and on file with the:
• Design Professional • City of Denton Project Manager
• CM@Risk Contractor
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EXHIBIT E – GENERAL CONDITIONS (VERTICAL PROJECTS VERSION)
General Conditions
for the following PROJECT:
8558 CMAR for Linda McNatt Animal Services Renovation and Expansion
THE CITY:
City of Denton
215 East McKinney Street
Denton, Texas 76201
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
TABLE OF CONTENTS
1 GENERAL PROVISIONS
2 CITY
3 CONTRACTOR
4 DESIGN PROFESSIONAL
5 SUBCONTRACTORS
6 CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS
7 CHANGES IN THE WORK
8 TIME
9 PAYMENTS AND COMPLETION
10 PROTECTION OF PERSONS AND PROPERTY
11 OMITTED.
12 UNCOVERING AND CORRECTION OF WORK
13 MISCELLANEOUS PROVISIONS
14 OMITTED.
15 CLAIMS AND DISPUTES
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Article 1. GENERAL PROVISIONS
Section 1.1 Basic Definitions
a. The Contract Documents
The Contract Documents are enumerated in the Agreement between the City and CM@Risk
(hereinafter the Agreement or Contract) 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.
b. The Contract
The Contract Documents form the Contract. 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 CM@Risk and the Design Professional or the Design Professional’s
consultants, (2) between the City and a Subcontractor or a Sub-subcontractor, (3) between the City
and the Design Professional or the Design Professional’s consultants, or (4) between any persons
or entities other than the City and the CM@Risk. 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 City and CM@Risk, and has been reviewed by the City, CM@Risk 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 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.
d. 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.
e. Construction Management Plan
The Construction Management Plan is prepared by the CM@Risk 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 City:
i. Safety and Logistics Plan;
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
ii. CM@Risk’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.
f. As-Built Documents
The As-Built Documents are the Drawings, Specifications, and addenda thereto that may be
updated by the CM@Risk to accurately reflect the actual Work in place, including without
limitation, the incorporation of Change Orders, responses to the CM@Risk’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 the Contract Documents including Section 2.10 of the
Contract.
g. 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 City, and its accompanying
numbering system. The WBS will be mutually agreed upon by the City and Design Professional
and used by the CM@Risk.
h. Equal to (or Approved Equal)
Products by manufacturers and information about those products other than those products
specified in the Contract Documents which the CM@Risk 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 City.
i. 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.
j. 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 CM@Risk’s control, not
caused by the negligent act or omission of CM@Risk or breach of this Agreement, its
Subcontractors, or anyone else for whom CM@Risk is responsible, and not caused by CM@Risk’s
breach of a project labor or a "no strike" agreement.
k. Knowledge
The terms "knowledge," "recognize" and "discover," their respective derivatives and similar terms
in the Contract Documents, as used in reference to the CM@Risk, shall be interpreted to mean that
which the CM@Risk 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
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profession.
l. Proposal
The offer or proposal of an Offeror submitted on the prescribed form setting forth the prices for
the Work to be performed.
m. Offeror
The individual or entity that submits a Proposal directly to City.
n. Proposal Documents
The Proposal Requirements and the proposed Contract Documents including all addenda.
o. 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.
p. 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.
q. Calendar Day
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.
r. Business Day
A day that the City conducts normal business, generally Monday through Friday, except for
federal or state holidays observed by the City.
s. Notice to Proceed
A written instrument from the City to the CM@Risk requiring the CM@Risk 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”).
t. Any terms not defined herein shall have the meaning as set forth in the Agreement.
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 CM@Risk. The Contract Documents are complementary, and what
is required by one shall be as binding as if required by all; performance by the CM@Risk 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.
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.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 CM@Risk, Subcontractors, and Sub-subcontractors
are required to familiarize themselves with all the Work required by the Contract
Documents. Each CM@Risk, Subcontractor, and Sub-subcontractor shall properly
coordinate its work with that of the City 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 CM@Risk 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.
.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 Design Professional by the
owners of such Underground Facilities, including City, or by others, unless it is
otherwise expressly provided in the Contract Documents:
City and Design Professional 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
CM@Risk 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.
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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 CM@Risk 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. CM@Risk
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 CM@Risk on Technical Data:
CM@Risk 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. CM@Risk 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
CM@Risk’s purposes, including, but not limited to, any aspects of the
means, methods, techniques, sequences, and procedures of construction to
be employed by CM@Risk, 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 CM@Risk,
such as record drawings from other projects at or adjacent to the Site, or
City’s archival documents concerning the Site; or
any CM@Risk 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 CM@Risk in dividing the Work among Subcontractors or in
establishing the extent of Work to be performed by any trade.
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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 City’s reserved rights.
b. The CM@Risk, 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 CM@Risk, 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
City.
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 CM@Risk, at any time upon the request of the City, shall immediately return and surrender to
the City, 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 City or the Design Professional to the CM@Risk.
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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. CITY
Section 2.1 General
a. The City 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 City shall designate in writing a
representative who shall have express authority to bind the City with respect to all matters requiring
the City’s approval or authorization. Except as otherwise provided in Section 4.2.a, the Design
Professional does not have such authority. The term “City” means the City or the City’s authorized
representative.
b. The City shall furnish the following information to a person, including the Design Professional or
CM@Risk, who makes a request for information under Texas Government Code Chapter 2253,
related to a payment, maintenance, or performance bond: (1) a certified copy of the relevant 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 City may obtain independent review(s) of the Design Professional’s Design Documents,
or of any document or other materials submitted by the CM@Risk, 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 City. Such independent review shall be
undertaken at the City’s expense in a timely manner and shall not delay the orderly progress
of the Work. The Design Professional and CM@Risk shall cooperate with such City’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 City to obtain
an independent review or imply that the City is in any way assuming responsibility for the
work of the Design Professional and CM@Risk.
Section 2.2 Omitted.
Section 2.3 Information and Services Required of the City
a. Omitted.
b. The City 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
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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 City shall employ a successor whose
status under the Contract Documents shall be that of the Design Professional.
d. The City 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 CM@Risk shall be
entitled to rely on the accuracy of information furnished by the City but shall exercise proper
precautions relating to the safe performance of the Work.
e. The City shall furnish information or services required of the City by the Contract Documents with
reasonable promptness. The City shall also furnish any other information or services under the
City’s control and relevant to the CM@Risk’s performance of the Work with reasonable
promptness after receiving the CM@Risk’s written request for such information or services.
f. Unless otherwise provided in the Contract Documents, the City shall furnish to the CM@Risk 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
City specified in Article 6 and Article 9.
Section 2.4 City’s Right to Stop the Work
If the CM@Risk 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 Contract
Documents, the City may issue a written order to the CM@Risk to stop the Work, or any portion thereof,
until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not
give rise to a duty on the part of the City to exercise this right for the benefit of the CM@Risk or any other
person or entity, except to the extent required by Section 6.1.c nor shall the exercise of the City’s right
hereunder give rise to any claim by CM@Risk for additions to the Contract Price or Contract Time.
Section 2.5 Omitted.
Section 2.6 Extent of City 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 City granted in the Contract Documents; at law; or in equity.
b. In no event shall the City 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 City or Design
Professional of the Design Documents, the Contract Documents, the CM@Risk’s Construction
Management Plan(s), the CM@Risk’s Construction Schedule, shop drawings, submittals, meeting
minutes or other CM@Risk’s services, deliverables or activities; nor the exercising of any of the
rights and authority granted the City or Design Professional in the Contract Documents shall in any
way reduce, diminish, or otherwise affect the CM@Risk's responsibilities, duties and
accountability to the City 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.
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c. The City reserves the right to have the CM@Risk and/or Subcontractors remove person(s) and/or
personnel from any and all work on the Project for cause but without cost to the City. Such requests
from the City will be made in writing and may be done directly or indirectly through the Design
Professional 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 or unknowingly,
insubordination, drug/alcohol use, possession of contraband, belligerent acts or actions, etc. The
CM@Risk shall provide replacement person(s) and/or personnel acceptable to the City at no cost
to the City.
Article 3. CONTRACTOR
Section 3.1 General
a. The CM@Risk is the person or entity identified as such in the Contract and is referred to throughout
the Contract Documents as if singular in number. The CM@Risk shall be lawfully licensed, if
required in the jurisdiction where the Project is located, Denton County, Texas. The CM@Risk
shall designate in writing a representative who shall have express authority to bind the CM@Risk
with respect to all matters under this Contract. The term “CM@Risk” means the CM@Risk or the
CM@Risk’s authorized representative.
b. The CM@Risk shall perform the Work in accordance with the Contract Documents.
c. The CM@Risk 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 CM@Risk.
Section 3.2 Review of Contract Documents and Field Conditions by CM@Risk
a. Execution of the Contract by the CM@Risk is a representation that the CM@Risk 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 CM@Risk 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 City 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 CM@Risk shall be solely responsible for providing a safe place for the performance of the
Work. The City and Design Professional shall not be required to make any adjustment in either the
Contract Price or the Contract Time in connection with any failure by the CM@Risk or any
Subcontractor to have complied with the requirements of this Section 3.2.a.
b. Because the Contract Documents are complementary, the CM@Risk 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 City pursuant to Section 2.3.d,
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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 CM@Risk and
are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract
Documents; however, the CM@Risk shall promptly report to the Design Professional any errors,
inconsistencies or omissions discovered by or made known to the CM@Risk as a request for
information in such form as the Design Professional may require. If the CM@Risk 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 CM@Risk 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 CM@Risk’s review is
made in the CM@Risk’s capacity as a contractor and not as a licensed design professional, unless
otherwise specifically provided in the Contract Documents.
c. The CM@Risk 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 CM@Risk shall promptly report to the Design Professional any nonconformity
discovered by or made known to the CM@Risk as a request for information in such form as the
Design Professional may require.
d. If the CM@Risk believes that additional cost or time is involved because of clarifications or
instructions the Design Professional issues in response to the CM@Risk’s notices or requests for
information pursuant to Sections 3.2.b or 3.2.c, the CM@Risk shall submit Claims as provided in
Article 15. If the CM@Risk fails to perform the obligations of Sections 3.2.b or 3.2.c, the
CM@Risk shall pay such costs and damages to the City, subject to Section 15.1.g, as would have
been avoided if the CM@Risk had performed such obligations. If the CM@Risk performs those
obligations, the CM@Risk shall not be liable to the City 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 CM@Risk shall supervise and direct the Work, using the CM@Risk’s best skill and attention.
The CM@Risk 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 CM@Risk shall be responsible to the City for acts and omissions of the CM@Risk’s
employees, Subcontractors and their agents and employees, and other persons or entities
performing portions of the Work for, or on behalf of, the CM@Risk or any of its Subcontractors.
c. The CM@Risk 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 CM@Risk shall carefully check its own work and that of Subcontractors as the Work is being
performed.
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e. During the finishing stages of the project, the CM@Risk 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 CM@Risk shall identify incorrect and faulty Work.
f. The CM@Risk shall ensure that incorrect or faulty Work is corrected immediately.
g. The CM@Risk 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 administration
of the Contract, or by tests, inspections or approvals required or performed by persons other than
the CM@Risk.
Section 3.4 Labor and Materials
a. Unless otherwise provided in the Contract Documents, the CM@Risk 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 CM@Risk 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
Section 7.4, the CM@Risk may make substitutions only by a formal request for substitution of
products in place of those specified with the consent of the City, 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 CM@Risk must submit
to the Design Professional and the City, 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 City and the Work in the event the
substitution is acceptable;
.3 The adjustment, if any, in the Contract Price, in the event the substitution
is acceptable;
.4 The adjustment, if any, in the time of completion of the Contract and the
CM@Risk’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 CM@Risk 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 City’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 CM@Risk's
submittal of complete substantiating data and information as stated herein; and
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.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 CM@Risk; (3) subsequent information discloses the 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 City or the
Design Professional, a substitution would be substantially in the City's best
interests, in terms of cost, time, or other considerations; and
.9 Whether or not any proposed substitution is accepted by the City, the
City’s other consultants, if any (if any), or the Design Professional, the CM@Risk
shall reimburse the City for any fees charged by the Design Professional, and the
City’s other consultants for evaluating each proposed substitute.
c. The CM@Risk shall enforce strict discipline and good order among the CM@Risk’s employees
and other persons carrying out the Work. The CM@Risk 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 City’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 CM@Risk 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
CM@Risk 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 CM@Risk shall make
all necessary arrangements to reconcile, without delay, damage, or cost to the City
and without recourse to the Design Professional or the City, 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 City 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 Omitted.
Section 3.6 Taxes
The CM@Risk shall, to the extent not exempted, pay sales, consumer, use and similar taxes for the
Work provided by the CM@Risk 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 City pay the
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CM@Risk for taxes that were not properly due or for which the City is exempt from paying under Texas
law.
Section 3.7 Permits, Fees, Notices and Compliance with Laws
a. Omitted.
b. The CM@Risk 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 CM@Risk 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
CM@Risk 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 CM@Risk to violate any applicable
codes or ordinances in effect at the Site.
d. Concealed or Unknown Conditions
If the CM@Risk 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 CM@Risk shall promptly provide notice to the City and the Design
Professional before conditions are disturbed and in no event later than 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 CM@Risk’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 Price 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 City and CM@Risk, 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 Price or Contract Time be made for
conditions which should have been known to the CM@Risk or would have been noticed
by a CM@Risk 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 CM@Risk or have been performed by the CM@Risk or its
Subcontractors; are part of the Contract Documents; or are part of the materials provided
by the CM@Risk to be used in constructing the improvements.
e. If, in the course of the Work, the CM@Risk encounters human remains or recognizes the existence
of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the
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CM@Risk shall immediately suspend any operations that would affect them and shall notify the
City and Design Professional. Upon receipt of such notice, the City shall promptly take any action
necessary to obtain governmental authorization required to resume the operations. The CM@Risk
shall continue to suspend such operations until otherwise instructed by the City but shall continue
with all other operations that do not affect those remains or features. Requests for adjustments in
the Contract Price and Contract Time arising from the existence of such remains or features may
be made as provided in Article 15.
f. The CM@Risk 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 CM@Risk 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
CM@Risk’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 CM@Risk, City or governmental agency or authority;
.2 Furthermore, during the term of this Agreement, and for the time otherwise
required by law, CM@Risk 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 CM@Risk or any of
its employees or subcontractors;
.3 The CM@Risk shall immediately, and in any event within two (2) hours
of CM@Risk’s first notice of an event described in this Section 3.7.f notify the
City in writing and by in-person voice communications (not voicemail) of any
unscheduled inspections, raids, investigations, inquiries, visits, or audits conducted
by the USCIS, OSHA, or any other governmental agency or authority related to
environmental, immigration, or employee safety issues of the CM@Risk, its
agents, employees, its Design Professional, Subcontractors, or Sub-subcontractors;
.4 The CM@Risk 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 City may, at its sole discretion, terminate this Agreement immediately
if, at any time during the term of this Agreement, the CM@Risk violates or is in
breach of any provision of this Section 3.7.f or the USCIS determines that
CM@Risk 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 CM@Risk or if the CM@Risk is later determined to
not have valid I-9 information then that employee shall be removed and barred
from the Project Site at the CM@Risk’s expense; and
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.7 The CM@Risk 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 CM@Risk shall include in the Contract Price 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 City may direct, but the CM@Risk shall not be required to employ persons or entities to whom
the CM@Risk has reasonable objection.
b. Unless otherwise provided in the Contract Documents,
.1 allowances shall cover the cost to the CM@Risk of materials and
equipment delivered at the Site and all required taxes, less applicable trade
discounts;
.2 CM@Risk’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 Price but not in the
allowances; and
.3 whenever costs are more than or less than allowances, the Contract Price
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 CM@Risk’s costs under Section 3.8.b.2.
c. Materials and equipment under an allowance shall be selected by the City with reasonable
promptness.
Section 3.9 Superintendent
a. The CM@Risk 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
City, 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 CM@Risk, and communications
given to the superintendent shall be as binding as if given to the CM@Risk.
b. The CM@Risk, as soon as practicable after award of the Contract, shall notify the City and Design
Professional of the name and qualifications of a proposed superintendent. Within 14 days of receipt
of the information, the City or the Design Professional may notify the CM@Risk, stating whether
the City 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 CM@Risk’s proposed on-site personnel must be approved by the Design Professional
and City. The CM@Risk shall not employ a proposed superintendent to whom the City or Design
Professional has made reasonable and timely objection. The CM@Risk shall not change the
superintendent without the City’s consent, which shall not unreasonably be withheld or delayed.
Substitution or other significant personnel changes which may affect the CM@Risk’s on-site
personnel must be preceded by written notification of the Design Professional and City no less than
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seven (7) business days before the anticipated event. Such proposed changes must be approved by
the Design Professional and City. The CM@Risk 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 Omitted.
Section 3.11 Documents and Samples at the Site
The CM@Risk shall make available, to the City, 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
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 City upon completion of the Work as a record of the Work
as constructed. The CM@Risk shall make available to the City 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 CM@Risk in electronic
format, upon reasonable request of the City or Design Professional and, in any event, within twenty-
four (24) hours of receipt by CM@Risk of a request from City or Design Professional for such
review and/or copying. The City 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 City’s expense. The City or Design
Professional may require the CM@Risk to furnish the As-Built Documents in electronic format
and may make copies of them prior to completion of the Work at the City's expense.
i. The CM@Risk shall provide final electronic files and one “hard” copy of the Drawings
and Specifications to the City 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 Omitted.
Section 3.13 Omitted.
Section 3.14 Cutting and Patching
a. The CM@Risk 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 CM@Risk shall not damage or endanger a portion of the Work or fully or partially completed
construction of the City or Separate Contractors by cutting, patching, or otherwise altering such
construction, or by excavation. The CM@Risk shall not cut or otherwise alter construction by the
City or a Separate Contractor except with written consent of the City and of the Separate Contractor.
Consent shall not be unreasonably withheld. The CM@Risk shall not unreasonably withhold, from
the City or a Separate Contractor, its consent to cutting or otherwise altering the Work.
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Section 3.15 Cleaning Up
a. The CM@Risk 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 CM@Risk
shall remove waste materials, rubbish, the CM@Risk’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 CM@Risk fails to clean up as provided in the Contract Documents, the City may do so and
the City shall be entitled to reimbursement from the CM@Risk.
Section 3.16 Access to Work
The CM@Risk shall provide the City 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 CM@Risk shall pay all royalties and license fees. The CM@Risk shall defend suits or claims
for infringement of copyrights and patent rights and shall defend and hold the City 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 City or Design Professional. However, if an infringement of a copyright or
patent is discovered by, or made known to, the CM@Risk, the CM@Risk shall be responsible for the loss
unless the information is promptly furnished to the Design Professional.
Section 3.18 Omitted.
Article 4. DESIGN PROFESSIONAL
Section 4.1 General
a. The Design Professional is the person or entity retained by the City pursuant to Section 2.3.b and
identified as such in the Agreement.
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
City, CM@Risk, 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 City’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 City 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 City, to become generally familiar with the progress and quality of
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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 CM@Risk’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 City reasonably informed about
the progress and quality of the portion of the Work completed, and promptly report to the City (1)
known deviations from the Contract Documents, (2) known deviations from the most recent
construction schedule submitted by the CM@Risk, and (3) defects and deficiencies observed in the
Work. The Design Professional will not be responsible for the CM@Risk’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
CM@Risk, Subcontractors, or their agents or employees, or any other persons or entities
performing portions of the Work.
i. NEITHER THE CITY NOR THE DESIGN PROFESSIONAL NOR THE CITY’S
OTHER CONSULTANTS SHALL BE RESPONSIBLE OR LIABLE FOR THE
SAFETY PROGRAM(S) DEVELOPED BY THE CM@RISK 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 CM@RISK
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 OR FINE OR
PENALTY AGAINST THE INDEMNITEES ON ACCOUNT OF ANY SAFETY-
RELATED DAMAGE OR VIOLATION OF LAW ALLEGED TO HAVE BEEN
SUSTAINED, THE CM@RISK 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, AND IF ANY JUDGMENT AGAINST THE
INDEMNITEES ARISES THEREFROM, THE CM@RISK SHALL PAY OR
SATISFY IT AND SHALL PAY ALL COSTS INCURRED BY THE
INDEMNITEES.
d. Communications
The City and CM@Risk shall include the Design Professional in all communications about the
Design Professional’s services or professional responsibilities. The City shall promptly notify the
Design Professional of the substance of any direct communications between the City and the
CM@Risk 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 CM@Risk. Communications by and with
Separate Contractors shall be through the City. The Contract Documents may specify other
communication protocols.
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i. Failure of CM@Risk to give the City or Design Professional written notice of CM@Risk’s
objections, within three (3) business days, to directives, instructions, interpretations, or
minutes from the City or Design Professional, shall constitute final and conclusive consent
on the part of the CM@Risk to such directives, instructions, interpretations, or minutes of
the City or Design Professional.
ii. Any written notice from the City or Design Professional to the CM@Risk shall be
sufficiently given when delivered to the last known business address of the CM@Risk, or
to its registered or authorized agent, representative, or officer. Any written notice from the
CM@Risk to the City shall be sufficiently given when personally delivered to the City’s
Office, Attn: Project Manager, or at such other address and to the attention of such person
as the City may from time to time designate in writing.
e. Based on the Design Professional’s evaluations of the CM@Risk’s Applications for Payment, the
Design Professional will review and certify the amounts due the CM@Risk 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 CM@Risk, 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
CM@Risk’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 CM@Risk as required by the Contract
Documents. The Design Professional’s review of the CM@Risk’s submittals shall not relieve the
CM@Risk of the obligations under Sections 1.2, 3.2.a, 3.3, 13.9, and the warranty provided in
Exhibit V of the Contract. 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
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to Section 9.8; receive and forward to the City, for the City’s review and records, written warranties
and related documents required by the Contract and assembled by the CM@Risk pursuant to
Section 9.10; and issue a final Certificate for Payment pursuant to Section 9.10.
j. If the City 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 City shall notify the
CM@Risk 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 City or CM@Risk. 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 City and CM@Risk, 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
City when making the City’s determination on these issues and the City’s decision will be final if
consistent with the intent expressed in the Contract Documents. Such City’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
Section 5.1 Definitions
a. A Subcontractor is a person or entity who has a direct contract with the CM@Risk 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 CM@Risk, as soon as practicable after
award of the Contract, shall notify the City and Design Professional of the persons or entities
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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 CM@Risk whether the City 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 CM@Risk shall not contract with a proposed person or entity to whom the City or Design
Professional has made reasonable and timely objection. The CM@Risk shall not be required to
contract with anyone to whom the CM@Risk has made reasonable objection.
c. If the City or Design Professional has reasonable objection to a person or entity proposed by the
CM@Risk, the CM@Risk shall propose another to whom the City or Design Professional has no
reasonable objection. If the proposed but rejected Subcontractor was reasonably capable of
performing the Work, the Contract Price 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 Price or Contract Time shall be allowed for such change unless the CM@Risk has acted
promptly and responsively in submitting names as required.
d. The CM@Risk shall not substitute a Subcontractor, person, or entity for one previously selected if
the City or Design Professional makes reasonable objection to such substitution.
e. Upon request, the CM@Risk shall provide to the City an executed copy of all subcontracts,
purchase orders, and other agreements relating to the Work.
f. The CM@Risk shall not sublet the Work as a whole. The approval of subcontractors in no way
relieves the CM@Risk from full responsibility.
Section 5.3 Subcontractual Relations
a. By appropriate written agreement, the CM@Risk shall require each Subcontractor, to the extent of
the Work to be performed by the Subcontractor, to be bound to the CM@Risk by terms of the
Contract Documents, and to assume toward the CM@Risk all the obligations and responsibilities,
including responsibility for safety of the Subcontractor’s Work, which the CM@Risk, by the
Contract Documents, assumes toward the City , the City’s other consultants and Design
Professional. Each subcontract agreement shall preserve and protect the rights of the City , the
City’s other consultants, and Design Professional under the Contract Documents with respect to
the Work to be performed by the Subcontractor. Where appropriate, the CM@Risk shall require
each Subcontractor to enter into similar agreements with Sub-subcontractors. The CM@Risk 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 City shall have all references to compensation redacted before disclosing to
Subcontractors, sub-Subcontractors, or any other tier of vendor.
b. All subcontracts shall specifically provide that the City is an intended third-party beneficiary of
such subcontract. The CM@Risk’s subcontractors, however, are not intended third-party
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beneficiaries of this Agreement by pass through, assignment, or otherwise, except as provided in
the Contract Documents, and the City shall not be bound to CM@Risk’s subcontract agreements.
c. Whenever the CM@Risk receives payment pursuant to the Contract Documents, the CM@Risk
shall make payments to each of its Subcontractors of any amounts actually received which were
included in the CM@Risk’s Application for Payment to the City for such subcontracts unless
otherwise allowed to withhold payment by the terms and conditions of the subcontract or as allowed
by law. The CM@Risk shall make such payments within ten (10) days of receipt of payment from
the City in the same manner as the City is required to pay the CM@Risk under the Contract
Documents if the Subcontractor is satisfactorily performing under its contract with the CM@Risk.
Such payments from City to CM@Risk 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 CM@Risk,
Texas Property Code Chapter 162 shall apply.
d. The CM@Risk 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 CM@Risk for such persons, within ten (10) days of receipt of payment from the
CM@Risk. The construction payments made by the CM@Risk 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 CM@Risk, the Subcontractor
shall also submit to the CM@Risk a list of the Subcontractor’s suppliers, Sub-subcontractors, and
laborers. The CM@Risk 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 CM@Risk fails
to make timely payments to the Subcontractor as required by this Section, the CM@Risk shall pay
the Subcontractor interest as calculated under the provisions of Chapter 2251 of the 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 CM@Risk 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 CM@Risk to the
City, provided that
.1 assignment is effective only after termination of the Contract by the City
for cause pursuant to Section 9.2 of the Contract and only for those subcontract
agreements that the City accepts by notifying the Subcontractor and CM@Risk;
and
.2 assignment is subject to the prior rights of the surety, if any, obligated
under bond relating to the Contract.
When the City accepts the assignment of a subcontract agreement, the City assumes the
CM@Risk’s rights and obligations under the subcontract.
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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 City pursuant to Section 9.2 of the Contract and the City
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 City under this Section 5.4, the City 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 City of any legal responsibility under the subcontract.
d. Each subcontract shall specifically provide that the City shall only be responsible to the
Subcontractor for those obligations that accrue subsequent to the assignment of the Subcontractor
to the City 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 City in writing
Section 5.5 City Payments to Subcontractors
a. In the event of any default hereunder by the CM@Risk, or in the event the City or Design
Professional fails to approve any Application for Payment that is not the fault of a Subcontractor,
the City 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 CM@Risk.
b. Nothing contained herein shall create any obligation on the part of the City to make any payments
to any Subcontractor, and no payment by the City to any Subcontractor shall create any obligation
to make any further payments to any Subcontractor.
Article 6. CONSTRUCTION BY CITY OR BY SEPARATE CONTRACTORS
Section 6.1 City’s Right to Perform Construction and to Award Separate Contracts
a. The term “Separate Contractor(s)” shall mean other contractors retained by the City under separate
agreements. The City reserves the right to perform construction or operations related to the Project
with the City’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 CM@Risk claims that delay or additional cost is involved because of such action
by the City, the CM@Risk 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 “CM@Risk” in the Contract Documents in each case shall mean
the CM@Risk who executes each separate City-CM@Risk Agreement.
c. The City shall provide for coordination of the activities of the City’s own forces and of each
Separate Contractor with the Work of the CM@Risk, who shall cooperate with them. The
CM@Risk shall participate with any Separate Contractors and the City in reviewing their
construction schedules. The CM@Risk 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 CM@Risk, Separate Contractors, and the City until
subsequently revised.
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d. Unless otherwise provided in the Contract Documents, when the City performs construction or
operations related to the Project with the City’s own forces or with Separate Contractors, the City
or its Separate Contractors shall have the same obligations and rights that the CM@Risk has under
the Conditions of the Contract, including, without excluding others, those stated in Article 3, this
Article 6, and Articles 10 and 12.
e. The CM@Risk 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 CM@Risk shall be responsible for such pre-purchased items, if any, as if the
CM@Risk were the original purchaser. The Contract Price 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 CM@Risk shall afford the City 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 CM@Risk’s construction and operations with theirs as required
by the Contract Documents.
b. If part of the CM@Risk’s Work depends on proper execution or results upon construction or
operations by the City or a Separate Contractor, the CM@Risk 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 City or Separate Contractor that would render it
unsuitable for proper execution and results of the CM@Risk’s Work. Failure of the CM@Risk to
notify the Design Professional of these apparent discrepancies or defects prior to proceeding with
the Work shall constitute an acknowledgment that the City’s or Separate Contractor’s completed
or partially completed construction is fit and proper to receive the CM@Risk’s Work.
c. The CM@Risk shall reimburse the City for costs the City incurs that are payable to a Separate
Contractor because of the CM@Risk’s delays, improperly timed activities or defective
construction. The City shall be responsible to the CM@Risk for costs the CM@Risk incurs because
of a Separate Contractor’s delays, improperly timed activities, damage to the Work or defective
construction.
d. The CM@Risk shall promptly remedy damage that the CM@Risk wrongfully causes to completed
or partially completed construction or to property of the City or Separate Contractor as provided in
Section 10.2.e.
e. The City and each Separate Contractor shall have the same responsibilities for cutting and patching
as are described for the CM@Risk in Section 3.14.
f. Should the CM@Risk wrongfully delay or cause damage to the work or property of any Separate
Contractor, the CM@Risk 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 City on account of any delay or damage alleged to have
been caused by the CM@Risk, the City shall notify the CM@Risk who shall defend such
proceedings at the CM@Risk’s expense. The City may fund the defense of such proceedings
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contemplated by this Section but, in any event, if any judgment or award against the City arises
therefrom, the CM@Risk shall pay to satisfy it to the extent of CM@Risk’s responsibility.
g. SHOULD ANY SUCH SEPARATE CONTRACTOR WRONGFULLY DELAYED OR
DAMAGED BY THE CM@RISK OR PERSONS FOR WHOM THE CM@RISK 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 CM@RISK 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 CM@RISK SHALL PAY OR SATISFY IT
AND SHALL PAY ALL COSTS INCURRED BY THE INDEMNITEES.
h. Should the CM@Risk be caused damage by any City’s Separate Contractor(s)’s work, by reason
of such City’s Separate Contractor’s failure to perform properly under its contract with the City,
no action will lie against the City, and the City shall have no liability therefor, but the CM@Risk
may assert its claims for damages directly against such City’s Separate Contractor and the City
shall reasonably assist the CM@Risk by assign such rights to CM@Risk, 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.
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 City’s Right to Clean Up
If a dispute arises among the CM@Risk, Separate Contractors, or the City as to the responsibility
under their respective contracts for maintaining the premises and surrounding area free from waste materials
and rubbish, the City 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 City, CM@Risk, and Design
Professional. A Construction Change Directive requires agreement by the City and Design
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Professional and may or may not be agreed to by the CM@Risk. An order for a minor change in
the Work not involving an adjustment in the Contract Price 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 CM@Risk 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 Price 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 City 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
City, CM@Risk, 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 Price; and
.3 The extent of the adjustment, if any, in the Contract Time.
b. Methods used in determining adjustments to the Contract Price 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 Price and the
construction schedule.
d. Change Orders Requiring City Council Approval
The Contract Price 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 $50,000.00 or more. The original Contract
Price of each Guaranteed Maximum Price Package 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 Price of each Guaranteed Maximum Price Package may not be increased by more than
twenty-five percent (25%) over the entire duration of the Project for any reason; nor may the
original Contract Price of each Guaranteed Maximum Price Package be decreased by more than
twenty-five percent (25%) without the consent of the CM@Risk, as provided in Texas Local
Government Code Sec. 252.048. After the Change Order is submitted by the CM@Risk 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
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a. A Construction Change Directive is a written order prepared by the Design Professional and signed
by the City and Design Professional, directing a change in the Work prior to agreement on
adjustment, if any, in the Contract Price or Contract Time, or both. The City 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 Price 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 Price, 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 CM@Risk does not respond promptly or disagrees with the method for adjustment in the
Contract Price, 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 Price, 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
set forth in Section 7.3.l below. In such case, and also under Section 7.3.c, the CM@Risk 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 CM@Risk 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
CM@Risk, Subcontractor, and Sub-subcontractor of field personnel directly
attributable to the change.
e. If the CM@Risk disagrees with the adjustment in the Contract Time, the CM@Risk may make a
Claim in accordance with applicable provisions of Article 15.
f. Upon receipt of a Construction Change Directive, the CM@Risk shall promptly proceed with the
change in the Work involved and advise the Design Professional of the CM@Risk’s agreement or
disagreement with the method, if any, provided in the Construction Change Directive for
determining the proposed adjustment in the Contract Price or Contract Time.
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g. A Construction Change Directive signed by the CM@Risk indicates the CM@Risk’s agreement
therewith, including adjustment in Contract Price 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 CM@Risk to the City for a deletion or change that results
in a net decrease in the Contract Price 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 City, the
CM@Risk 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 Price 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 City and CM@Risk agree with a recommendation made by the Design Professional
concerning the adjustments in the Contract Price 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.
k. If the City and CM@Risk 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 City in connection with such
determination either at the direction of the City or at the Design Professional’s discretion. If the
CM@Risk does not ultimately agree with the Design Professional’s determination, the CM@Risk
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 City shall be based on the following schedule:
.1 For the CM@Risk, for Work performed by the CM@Risk’s own forces,
fee percentage of the Cost of Work stated in Section 5.1.a of the Agreement plus
actual direct jobsite costs associated with the additional work, if any;
.2 For the CM@Risk, for Work performed by the CM@Risk’s
Subcontractor, fee percentage of the Cost of Work stated in the 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 CM@Risk’s supervisory,
management, administrative or other office personnel, regardless of where
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stationed, be paid as cost of the Work under 7.3.d Conversely, the CM@Risk 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 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.
Section 7.4 Minor Changes in the Work
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 Price or an extension of the
Contract Time. The Design Professional’s order for minor changes shall be in writing. If the CM@Risk
believes that the proposed minor change in the Work will affect the Contract Price or Contract Time, the
CM@Risk shall notify the Design Professional and shall not proceed to implement the change in the Work.
If the CM@Risk 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 Price or Contract Time, the
CM@Risk waives any adjustment to the Contract Price or extension of the Contract Time.
Section 7.5 Supporting Information
Notwithstanding the above, requests for an adjustment in the Contract Price 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 City and Design Professional. The CM@Risk shall also comply with all provisions of
Articles 8 and 15 with respect to Claims. The required information shall be provided by the CM@Risk in
less than twenty-one (21) days from the CM@Risk’s request for an adjustment in the Contract Price 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 City 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 CM@Risk or of persons or entities for whom the
CM@Risk is responsible.
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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
CM@Risk confirms that the Contract Time is a reasonable period for performing the Work.
b. The CM@Risk shall not knowingly, except by agreement or instruction of the City in writing,
prematurely commence operations on the Site or elsewhere prior to the effective date of insurance
required by Article 10 of the Agreement to be furnished by the CM@Risk and City. 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 City, the CM@Risk
shall notify the City 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 City; for this reason it shall
be agreed that the CM@Risk will substantially complete all Work under the Contract within the
time established in the Contract Documents and the most recently approved CM@Risk’s Project
Schedule. The CM@Risk 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 CM@Risk’s Project Schedule.
d. The CM@Risk 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 City in writing.
e. The CM@Risk 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 CM@Risk as well as the respective Separate
Contractors.
f. The CM@Risk shall also complete the Work in all of its details for final acceptance as
expeditiously as possible after Substantial Completion.
g. The CM@Risk 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 CM@Risk is delayed at any time in the commencement or progress of the Work by (1) an
act or neglect of the City 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
CM@Risk’s control; (4) by delay authorized by the City pending mediation; or (5) by other causes
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that the Design Professional recommends may, justify delay, then the Contract Time may be
extended for such reasonable time as the City 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 City 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 CM@Risk 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
CM@Risk 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
City and CM@Risk for the Project area.
f. 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 schedule activities accordingly for both the CM@Risk’s weather float reserves
and City’s float reserves where those activities are carried in the CM@Risk’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 CM@Risk’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 CM@Risk’s Obligations After Delay
a. If either the Work actually in place falls behind as reflected by the currently updated Master Project
Schedule or CM@Risk’s Construction Schedule, or it becomes apparent or likely in the reasonable
opinion of the City after consultation with the Design Professional that the Work will not be
completed within the Contract Time or in accordance with the CM@Risk’s Construction 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 Design Professional, as required to
substantially eliminate, in the judgment of the City, the backlog of CM@Risk’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;
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.3 Reschedule activities to achieve maximum practical concurrence of
accomplishment; and
.4 Do whatever else is reasonably required by the City 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 City’s right to require Extraordinary
Measures is solely for the purpose of ensuring the CM@Risk’s compliance with the CM@Risk’s
Construction Schedule.
c. In the event of a delay, the City Design Professional may also require the CM@Risk to immediately
submit a Proposed Recovery Schedule. If the Proposed Recovery Schedule is not satisfactory, the
Design Professional may unilaterally establish a new Proposed Recovery Schedule acceptable to
the City; issue it as a Construction Change Directive; and the CM@Risk shall comply therewith.
The City may also require the CM@Risk to take any of the Extraordinary Measures to make up the
lag in scheduled progress, all without additional cost to the City, or Design Professional.
d. Failure of the CM@Risk to substantially comply with the requirements of this Section 8.4 shall be
considered grounds for a determination by the City, after consultation with the Design 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 CM@Risk’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 CM@Risk, the City or Design Professional may request, and the
CM@Risk may agree to take one or more of the Extraordinary Measures, with the City bearing the
cost for such measures by Change Order.
f. The CM@Risk shall not be entitled to an adjustment in the Contract Price in connection with
Extraordinary Measures required by the City under or pursuant to this Section 8.4, except as
specifically noted otherwise in Section 8.4.e.
Section 8.5 City’s Rights After Delay
a. In the event that any CM@Risk 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 CM@Risk's Project Schedule, the City or the Design Professional shall have the
right to impose any or all of the following options:
.1 Require the CM@Risk to substantiate the capability to get back on
schedule within ten (10) business days;
.2 Require the CM@Risk to take some or all of the Extraordinary Measures,
and do whatever else is required by the City or Design Professional until
CM@Risk confirms, to the satisfaction of the City and Design Professional, the
progress of the Work is in compliance and congruence with the most recently
approved CM@Risk’s Construction Schedule, such measures being at no extra
cost to City and Design Professional;
.3 Withhold progress payment, or portions thereof, until such time as the
CM@Risk is in compliance with the most recently approved CM@Risk's Project
Schedule; and
.4 Contact or visit the factory, plant or distribution center whose production
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or delivery schedule may be critical to the scheduled completion of a portion of
the contract work, and expedite same, at CM@Risk's expense.
Section 8.6 Liquidated Damages
a. Omitted.
b. Omitted.
c. Omitted.
d. 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. The CM@Risk acknowledges the City 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 Price for such early completion are hereby waived by the CM@Risk.
Article 9. PAYMENTS AND COMPLETION
Section 9.1 Contract Price
a. The Contract Price is stated in the Agreement and, is the maximum amount payable by the City to
the CM@Risk for performance of the Work under the Contract Documents. The Contract Price
may only be increased pursuant to a Change Order signed by the City. Completion of the Work is
a condition precedent to City’s obligation to pay the full Contract Price.
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 City or CM@Risk, 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 CM@Risk shall meet
with the Design Professional, at the Preconstruction Conference with a proposed Schedule of Values. The
CM@Risk’s Schedule of Values will be reviewed by the City and Design Professional in the context of the
CM@Risk’s proposed Construction Management Plan, including, but not limited to, the CM@Risk’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 CM@Risk’s Construction Schedule,
rounded to the nearest five dollars, and equal in aggregate to the CM@Risk’s and Subcontractor’s contract
amount(s). The Schedule of Values shall allocate the entire Contract Price 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 City and Design Professional may require. This Schedule of Values, unless objected to by the City or
Design Professional, shall be used as a basis for reviewing the CM@Risk’s Applications for Payment.
Section 9.3 Applications for Payment
a. At least ten days before the date established for each progress payment, the CM@Risk 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 CM@Risk’s
right to payment that the City or Design Professional require, such as copies of requisitions, and
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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 City; 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 CM@Risk does not intend to pay a Subcontractor or supplier, unless such
Work has been performed by others whom the CM@Risk intends to pay.
iii. Each Application for Payment shall be accompanied by the following, all in form and
substance satisfactory to the City 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 CM@Risk 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 CM@Risk 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 CM@Risk on behalf of such entities or
persons in any previous Application for Payment;
.3 An updated CM@Risk’s Construction Schedule per Section 4.4 of the
Agreement 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 Application for Payment, 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;
.4 If required by the City’s title insurer, if any, the CM@Risk 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 CM@Risk’s Construction Schedule clearly and graphically comparing
the actual “work-in-place” completed to the Work previously projected to be
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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 City, 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 CM@Risk
with procedures satisfactory to the City 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, 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 City’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 City;
.2 Specifically marked for use on the Project; and
.3 Segregated from other materials at the storage facility.
c. The CM@Risk warrants that title to all Work covered by an Application for Payment will pass to
the City either by incorporation in the construction or upon the receipt of payment by the
CM@Risk, whichever occurs first. The CM@Risk 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 City shall be free and clear of liens, claims, security interests, or
encumbrances, in favor of the CM@Risk, Subcontractors, suppliers, or other persons or entities
that provided labor, materials, and equipment relating to the Work.
d. THE CM@RISK FURTHER EXPRESSLY UNDERTAKES TO DEFEND THE
INDEMNITEES, AT THE CM@RISK’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 CM@RISK, THE PROJECT BOND OR ANY
PORTION OF THE PROPERTY OF ANY OF THE INDEMNITEES (REFERRED TO
COLLECTIVELY AS “LIENS OR VERIFIED CLAIMS” IN THIS SECTION 9.3.d). THE
CM@RISK 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 CM@Risk’s Application
for Payment, either (1) issue to the City a “Certificate for Payment” in the full amount of the
Application for Payment, with a copy to the CM@Risk; or (2) issue to the City a Certificate for
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Payment for such amount as the Design Professional recommends is properly due, and notify the
CM@Risk and City 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 CM@Risk and City 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 City, 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 CM@Risk 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 City to
substantiate the CM@Risk’s right to payment; or (4) made examination to ascertain how or for
what purpose the CM@Risk has used money previously paid on account of the Contract Price.
c. Certification will be issued for ninety-five percent (95%) of the amount requested by the CM@Risk
and approved by the Design Professional to be properly due until the CM@Risk is ninety-five
percent (95%) completed with the Work. Thereafter, the accumulated retainage may be held
without additional retainage, except that, should the CM@Risk 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 CM@Risk 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 City, if in the Design Professional’s opinion the representations
to the City required by Section 9.4.b cannot be made. If the Design Professional is unable to certify
payment in the amount of the Application for Payment, the Design Professional will notify the
CM@Risk and City as provided in Section 9.4.a. If the CM@Risk 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 City.
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 City from
loss for which the CM@Risk 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;
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.2 third party claims filed or reasonable evidence indicating probable filing
of such claims, unless security acceptable to the City is provided by the CM@Risk;
.3 failure of the CM@Risk 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 Price;
.5 damage to the City 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 CM@Risk’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 CM@Risk 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
City or Design Professional. In the event the Design Professional nullifies a previously issued
Project Certificate for Payment, and the City has, prior to such nullification, paid thereon, the
CM@Risk shall promptly reimburse to the City amounts the latter had previously paid pursuant to
the nullified project Certificate for Payment. Alternately, the City 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 City and Design Professional have been paid by the CM@Risk.
d. If the Design Professional withholds certification for payment under Section 9.5.a.3, the City may,
at its sole option, issue joint checks to the CM@Risk and to any Subcontractor or supplier to whom
the CM@Risk failed to make payment for Work properly performed or material or equipment
suitably delivered. If the City makes payments by joint check, the City shall notify the Design
Professional and the CM@Risk shall reflect such payment on its next Application for Payment.
e. The CM@Risk 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 City shall make payment in
the manner and within the time provided in the Contract Documents, and shall so notify the Design
Professional.
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b. The CM@Risk shall pay each Subcontractor, Sub-subcontractor and supplier, no later than ten (10)
days after receipt of payment from the City the amount to which the Subcontractor, Sub-
subcontractor and supplier is entitled, reflecting percentages actually retained from payments to the
CM@Risk 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 CM@Risk
shall notify City in advance and in writing of any payment(s) to be withheld from any
Subcontractor. The CM@Risk 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 CM@Risk and action taken
thereon by the Design Professional and City on account of portions of the Work done by such
Subcontractor.
d. The City has the right to request written evidence from the CM@Risk that the CM@Risk has
properly paid Subcontractors and suppliers amounts paid by the City to the CM@Risk for
subcontracted Work. If the CM@Risk fails to furnish such evidence within seven (7) days, the City
shall have the right to contact Subcontractors and suppliers to ascertain whether they have been
properly paid. Neither the City 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 CM@Risk’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 City shall not constitute acceptance of any Work.
g. The CM@Risk shall not withhold from any Subcontractor sums due the Subcontractor for
completed Work which has been paid for by the City unless allowed by the terms and conditions
of the subcontract as stated in the Contract Documents or by law. The CM@Risk shall notify City
in advance and in writing of any payment(s) to be withheld from any Subcontractor. Sums withheld
by the City from the CM@Risk for deficiencies solely attributable to the CM@Risk shall not be
grounds for the CM@Risk to withhold sums due to any Subcontractor. All sums paid to the
CM@Risk for labor, materials, or equipment for the Work or Project shall be considered trust funds
to be used by the CM@Risk for payment to those persons to the extent providing labor, materials
and/or equipment incorporated into the Work or Project. Payments received by the CM@Risk for
Work properly performed by Subcontractors and suppliers shall be held by the CM@Risk for those
Subcontractors or suppliers who performed Work or furnished materials, or both, under contract
with the CM@Risk for which payment was made by the City. However, notwithstanding the above,
nothing contained herein shall require money to be placed in a separate account and not
commingled with money of the CM@Risk, shall create any fiduciary liability or tort liability on
the part of the CM@Risk for breach of trust or shall entitle any person or entity to an award of
punitive damages against the CM@Risk for breach of the requirements of this provision.
h. PROVIDED THE CITY HAS FULFILLED ITS PAYMENT OBLIGATIONS UNDER THE
CONTRACT DOCUMENTS, THE CM@RISK SHALL DEFEND AND INDEMNIFY THE
CITY 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
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OR SUPPLIER OF ANY TIER. UPON RECEIPT OF NOTICE OF A LIEN CLAIM OR
OTHER CLAIM FOR PAYMENT, THE CITY SHALL NOTIFY THE CM@RISK. IF
APPROVED BY THE APPLICABLE COURT, WHEN REQUIRED, THE CM@RISK
MAY SUBSTITUTE A SURETY BOND FOR THE PROPERTY AGAINST WHICH THE
LIEN OR OTHER CLAIM FOR PAYMENT HAS BEEN ASSERTED.
i. To the extent CM@Risk has received payment in accordance with the terms of this Agreement, the
CM@Risk 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 City is entitled to reimbursement or payment from the CM@Risk under or pursuant to the
Contract Documents, such payment shall be made promptly upon demand by the City.
Notwithstanding anything contained in the Contract Documents to the contrary, if the CM@Risk
fails to promptly make any payment due the City, or if the City incurs any costs and expenses to
cure any default of the CM@Risk or to correct defective Work, the City shall have an absolute
right to offset such amount against the Contract Price and may, at the City’s sole discretion, elect
either to (i) deduct an amount equal to that which the City is entitled from any payment then or
thereafter due the CM@Risk from the City, or (ii) issue a written notice to the CM@Risk reducing
the Contract Price by an amount equal to that which the City is entitled.
Section 9.7 Failure of Payment
If the Design Professional does not issue a Certificate for Payment, through no fault of the
CM@Risk, within seven (7) days after receipt of the CM@Risk’s Application for Payment, or if the City
does not pay the CM@Risk within the date established in the Contract Documents, the amount certified by
the Design Professional, then the CM@Risk may, upon seven (7) additional days’ written notice to the City
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 Price shall be increased by the amount of the
CM@Risk’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 City
can occupy or utilize the Work for its intended use, all major systems are operational, and all safety
features are completed and City’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 City. 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.
b. When the CM@Risk considers that the Work, or a portion thereof which the City agrees to accept
separately, is substantially complete, the CM@Risk shall prepare and submit to the Design
Professional a comprehensive list of items to be completed or corrected prior to final payment. The
CM@Risk shall proceed promptly to complete and correct items on the list. Failure to include an
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item on such list does not alter the responsibility of the CM@Risk to complete all Work in
accordance with the Contract Documents. The CM@Risk will also provide the Design Professional
a comprehensive list of all claims previously and properly made in writing and identified by the
CM@Risk as unsettled at the time of Substantial Completion.
c. Upon receipt of the CM@Risk’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 CM@Risk’s list, which
is not sufficiently complete in accordance with the Contract Documents so that the City can occupy
or utilize the Work or designated portion thereof for its intended use, the CM@Risk shall, before
issuance of the Certificate of Substantial Completion, complete or correct such item upon
notification by the Design Professional. In such case, the CM@Risk 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 City and CM@Risk for security, maintenance, heat,
utilities, damage to the Work and insurance; and fix the time within which the CM@Risk shall
finish all items on the list accompanying the Certificate of Substantial Completion. 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 City and CM@Risk for their
written acceptance of responsibilities assigned to them in the Certificate of Substantial Completion.
Upon such acceptance, the City 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 CM@Risk’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 CM@Risk against the City and the Design Professional,
except those previously and properly made in writing and identified in the list provided by the
CM@Risk as unsettled at the time of Substantial Completion per Sections 9.8.b.
Section 9.9 Partial Occupancy or Use
a. The City 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 CM@Risk, as such occupancy or
use is consented to by the insurer, if required, 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 City and CM@Risk 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 CM@Risk considers a portion substantially complete, the CM@Risk shall prepare and
submit a list to the Design Professional as provided under Section 9.8.b. Consent of the CM@Risk
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 City and CM@Risk or, if no
agreement is reached, by decision of the City.
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b. Immediately prior to such partial occupancy or use, the City, CM@Risk, 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 CM@Risk’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 CM@Risk and noted in the
final Certificate for Payment 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 CM@Risk’s being entitled to final payment have been fulfilled. All warranties and
guarantees required under Exhibit V to the Agreement or otherwise required pursuant to the
Contract Documents shall be assembled and delivered by the CM@Risk 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 City. “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 CM@Risk
submits to the Design Professional and City; (1) an affidavit that payrolls, bills for materials and
equipment, and other indebtedness connected with the Work for which the City or City’s property
might be responsible or encumbered (less amounts withheld by the City) 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 City that the insurance will cover the period required by the Contract Documents; (4) consent
of surety to final payment; (5) if required by the City, 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, to the extent and in such form as may be designated by
the City; (6) certification by the CM@Risk that (i) all Work has been completed in accordance with
the Contract Documents, (ii) the final Application for Payment includes all claims of the CM@Risk
against the City 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 As Builts maintained by the CM@Risk pursuant to
the Contract Documents and delivered to the City 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 City’s representatives in
the operation of mechanical, electrical, plumbing, and other systems; (ii) delivery of keys to the
City with keying schedule (master, submaster, and special keys); (iii) delivery to the City of the
CM@Risk’s warranties as set forth in the Contract Documents and each written warranty and
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assignment thereof prepared in duplicate, certificates of inspections, and bonds for the Design
Professional’s review and delivery to the City; (iv) delivery to the City 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 City of the As Builts; (vi)
delivery to the City 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 City 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 CM@Risk. 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 City before approval of final payment. If a Subcontractor
refuses to furnish a release or waiver required by the City, the CM@Risk may furnish a bond
satisfactory to the City to indemnify the City against such lien, claim, security interest, or
encumbrance. If a lien, claim, security interest, or encumbrance remains unsatisfied after payments
are made, the CM@Risk shall refund to the City all money that the City 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, CM@Risk 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 CM@Risk or by issuance of Change Orders affecting final completion, and the
Design Professional so confirms, the City shall, upon application by the CM@Risk 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
CM@Risk 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 City 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 City, 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.
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e. Application for and acceptance of final payment by the CM@Risk, a Subcontractor, or a supplier,
shall constitute a waiver of claims by that payee against the City 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 CM@Risk to achieve final completion within sixty
(60) days after the specified date of Substantial Completion, subject to authorized extensions, will
result in the CM@Risk being responsible for excess Design Professional’s and other City’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 CM@Risk.
Article 10. PROTECTION OF PERSONS AND PROPERTY
Section 10.1 Safety Precautions and Programs
The CM@Risk shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the performance of the Contract. CM@Risk’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 CM@Risk shall take reasonable precautions for safety of, and shall provide reasonable
protection to prevent damage, injury, or loss to all of the following:
.1 employees on the Work and other persons who may be affected thereby;
.2 the Work and materials and equipment to be incorporated therein, whether
in storage on or off the Site, under care, custody, or control of the CM@Risk, 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 CM@Risk 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 CM@Risk 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 CM@Risk shall also be
responsible, at the CM@Risk’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 CM@Risk.
d. When use or storage of explosives or other hazardous materials or equipment, or unusual methods
are necessary for execution of the Work, the CM@Risk shall exercise utmost care and carry on
such activities under supervision of properly qualified personnel, and the CM@Risk shall give the
City and the Design Professional reasonable advance written notice of such planned activities.
e. The CM@Risk 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
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and 10.2.a.3 caused in whole or in part by the CM@Risk, 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 CM@Risk is responsible under Sections 10.2.a.2 and 10.2.a.3. The
CM@Risk 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 City 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 CM@Risk. The foregoing obligations of the
CM@Risk are in addition to the CM@Risk’s obligations under Article 11 of the Contract.
f. The CM@Risk shall designate a responsible member of the CM@Risk’s organization at the Site
whose duty shall be the prevention of accidents. This person shall be the CM@Risk’s
superintendent unless otherwise designated by the CM@Risk in writing to the City and Design
Professional.
g. The CM@Risk 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.
i. The CM@Risk shall immediately report in writing to the City 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 City 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 CM@Risk is responsible for compliance with any requirements
included in the Contract Documents regarding hazardous materials or substances. 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 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.
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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 CM@Risk’s written notice, the City shall obtain the services of a licensed
laboratory to verify the presence or absence of the material or substance reported by the CM@Risk
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 City shall furnish in writing
to the CM@Risk 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 CM@Risk and
the Design Professional will promptly reply to the City in writing stating whether or not either has
reasonable objection to the persons or entities proposed by the City. If either the CM@Risk or
Design Professional has an objection to a person or entity proposed by the City, the City shall
propose another to whom the CM@Risk 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 City and CM@Risk. By Change Order duly processed and approved,
the Contract Time shall be extended appropriately, and the Contract Price shall be increased by the
amount of the CM@Risk’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 City have any responsibility for any substance or material that is brought
to the Project Site by the CM@Risk, any Subcontractor, any material supplier, or any entity for
whom any of them is responsible. The CM@Risk 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 City shall not be responsible under this Section 10.3 for hazardous materials or substances the
CM@Risk brings to the Site unless such materials or substances are required by the Contract
Documents. The City shall be responsible for hazardous materials or substances required by the
Contract Documents, except to the extent of the CM@Risk’s fault or negligence in the use and
handling of such materials or substances.
e. Omitted.
f. THE CM@RISK SHALL INDEMNIFY THE CITY FOR THE COST AND EXPENSE THE
CITY INCURS (1) FOR REMEDIATION OF A MATERIAL OR SUBSTANCE THE
CM@RISK BRINGS TO THE SITE AND NEGLIGENTLY HANDLES, OR (2) WHERE
THE CM@RISK FAILS TO PERFORM ITS OBLIGATIONS UNDER SECTION 10.3.a,
EXCEPT TO THE EXTENT THAT THE COST AND EXPENSE ARE DUE TO THE
CITY’S FAULT OR NEGLIGENCE.
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Section 10.4 Emergencies
In an emergency affecting safety of persons or property, the CM@Risk shall act, at the CM@Risk’s
discretion, to prevent threatened damage, injury, or loss. Additional compensation or extension of time
claimed by the CM@Risk 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 City’s designated representatives, the Design Professional, the Design
Professional’s consultants, and the City’s other consultants visiting the job site who is not employed by a
CM@Risk shall be required to register with the CM@Risk’s site office before proceeding onto the job site.
Article 11. Omitted.
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
CM@Risk’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 CM@Risk. If such Work is in accordance with the Contract Documents,
the CM@Risk shall be entitled to an equitable adjustment to the Contract Price 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 CM@Risk’s expense.
Section 12.2 Correction of Work
a. Before Substantial Completion
The CM@Risk 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 CM@Risk and the Project, and restore Work by the
CM@Risk and others necessarily damaged in the course of rectifying the non-complying
conditions; as well as compensation for the Design Professional’s services and expenses made
necessary thereby, shall be at the CM@Risk’s expense.
i. If prior to the date of Substantial Completion the CM@Risk, 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 CM@Risk shall cause such item to be restored
to “like new” condition at no expense to the City. In addition, the CM@Risk shall promptly
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remedy damage and loss arising in conjunction with the Project caused in whole or in part
by the CM@Risk, 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 CM@Risk is otherwise responsible.
b. After Substantial Completion
i. In addition to the CM@Risk’s obligations under Exhibit V, 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 CM@Risk shall correct
it promptly after receipt of notice from the City to do so, unless the City has previously
given the CM@Risk a written acceptance of such condition. The City 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 City fails to notify the
CM@Risk and give the CM@Risk an opportunity to make the correction, the City waives
the rights to require correction by the CM@Risk and to make a claim for breach of
warranty. If the CM@Risk fails to correct nonconforming Work within a reasonable time
during that period after receipt of notice from the City or Design Professional, the City may
correct it in accordance with Section 2.13, and charge the reasonable costs to the
CM@Risk.
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 CM@Risk pursuant to this Section 12.2, but only with respect to the
corrected portions of the Work.
iii. Omitted.
c. Omitted.
d. The CM@Risk shall bear the cost of correcting destroyed or damaged construction of the City or
Separate Contractors, whether completed or partially completed, caused by the CM@Risk’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 CM@Risk 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 CM@Risk has under the Contract Documents. Establishment of the
one-year period for correction of Work as described in Section 12.2.b relates only to the specific
obligation of the CM@Risk 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 CM@Risk’s liability with
respect to the CM@Risk’s obligations other than specifically to correct the Work.
f. The CM@Risk’s obligations under this Section 12.2 shall, without limitation, survive acceptance
of the Work under the Contract and termination of the Contract.
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Section 12.3 Acceptance of Nonconforming Work
If the City prefers to accept Work that is not in accordance with the requirements of the Contract
Documents, the City may do so instead of requiring its removal and correction, in which case the Contract
Price 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 City subsequent to accepting
such non-conforming Work, the CM@Risk shall pay the City for the reduction in the Contact Sum
occasioned by such acceptance.
Article 13. MISCELLANEOUS PROVISIONS
Section 13.1 Omitted.
Section 13.2 Omitted.
Section 13.3 Rights and Remedies
a. Duties and obligations imposed by the Contract Documents and rights and remedies available
thereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies
otherwise imposed or available by law.
b. No action or failure to act by the City, Design Professional, or CM@Risk 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 CM@Risk shall make arrangements
for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable
to the City, or with the appropriate public authority, and shall bear all related costs of tests,
inspections, and approvals. The CM@Risk 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 City shall bear costs of tests, inspections, or approvals that do not become
requirements until after bids are received or negotiations concluded. The City 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), as
amended, the City 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 City. 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), as amended, such conflict
is unintentional, and the provisions of the Texas Government Code shall control.
b. If the Design Professional, City, 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 City, instruct the CM@Risk to make
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arrangements for such additional testing, inspection, or approval, by an entity acceptable to the
City, and the CM@Risk 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 City’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 CM@Risk’s expense. The CM@Risk 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 CM@Risk.
d. Required certificates of testing, inspection, or approval shall, unless otherwise required by the
Contract Documents, be secured by the CM@Risk 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 CM@Risk to control the quality of the
Work using the processes specified in the CM@Risk’s Quality Management, Commissioning, and
Turnover Plan contained within the most recent Construction Management Plan approved by the
City 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 CM@Risk’s Construction Schedule.
g. The responsibility for implementing the Quality Management, Commissioning and Turnover Plan
is the CM@Risk’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 City’s review and Design
Professional’s approval of such plan(s) does not relieve the CM@Risk in any way of this
responsibility.
h. The CM@Risk 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 City. 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 CM@Risk 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 CM@Risk, more testing
is needed to meet the requirements of the CM@Risk.
.2 The CM@Risk shall concurrently provide the Design Professional copies
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of all test results it receives within three (3) business days of receipt of same.
.3 The City shall provide such Quality Assurance testing as it and the Design
Professional mutually agree to be adequate for their own needs. The City 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 City, or lack
thereof shall in no manner affect the responsibilities of the CM@Risk or Design
Professional under this Agreement.
i. The CM@Risk 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 CM@Risk decides another trade or the
CM@Risk 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 CM@Risk, as supplemented and coordinated by the Design Professional.
j. The CM@Risk’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 CM@Risk will review, in detail, the steps for completing testing of all
building systems with the City and Design Professional. This plan shall be coordinated with and
shall be made part of the CM@Risk’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 City’s and Design Professional’s consultant(s),
representatives of the City, 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 CM@Risk’s Quality Management, Commissioning and Turnover Plan, it shall be
the responsibility of the CM@Risk, Subcontractor or Sub-subcontractor installing such equipment
to operate it for a period of time satisfactory to the City prior to acceptance and before the start of
warranty. The duration of such operation shall be as the City, City’s consultant(s), Design
Professional’s consultant(s), City’ employees and other City’s representatives (the “Turnover
Team”) shall reasonably require for proper testing of the respective system and thorough instruction
of the City's operating personnel.
l. All equipment, testing instruments, instruction materials and incidentals required for proper testing
of such systems and thorough instruction of the City’s operating personnel on each system’s
operations and maintenance shall be provided by the CM@Risk, 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 CM@Risk, who shall show their dates in the CM@Risk’s
Construction Schedule at least sixty (60) days prior to occurrence. The CM@Risk shall schedule
the Turnover Meetings at times reasonably convenient for the City’s consultant(s), Design
Professional’s consultant(s), City’s employees and other City’s representatives that the City and
Design Professional agree are necessary to attend for each system. The Design Professional may
attend such Turnover Meetings at its discretion.
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m. The CM@Risk shall provide a digital video record to the City, with copies to the Design
Professional of all meetings for the purpose of City 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 CM@Risk shall prepare a digital video record of the project for the City 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 CM@Risk on Site; and other construction issues as the Design Professional
may reasonably require from time to time.
o. The CM@Risk 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 CM@Risk shall notify the Design
Professional in writing immediately upon completion of this marking, and the Design Professional
will have the location of these marked plantings, shrubs and trees reviewed and approved (if
correct) by the City. The Design Professional will then give permission for removal in writing to
the CM@Risk. 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, as amended, or its successor statute.
Section 13.6 Time Limits on Claims
The City and CM@Risk 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 13.7 Omitted.
Section 13.8 Measurement
Before ordering any material or doing any Work, the CM@Risk 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 CM@Risk
shall use its utmost efforts to identify discrepancies in dimensions in a timely fashion and notify the City
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 CM@Risk 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
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accordance with the CM@Risk’s Construction Schedule.
Section 13.10 Addressing the City’s Additional Needs and Concerns
a. Notwithstanding the above, the City has a unique set of stakeholders and organizational structure
that creates special challenges the CM@Risk must completely and successfully address to the
satisfaction of the City 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 CM@Risk shall provide the superintendent once per month for a
scheduled meeting with the City for a progress update on the project if requested
by the City. A walk-through of the Site may be held as a part of this meeting, which
shall be scheduled by mutual agreement during regular business hours.
.2 The CM@Risk may be required to provide the superintendent for one
meeting per month with the Design Professional for the purpose of assisting the
City 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 City.
.3 In addition to the meetings required to complete the Project, it is
anticipated the City may request tours from time to time of the Project and the Site.
The CM@Risk shall indicate in writing when such activity will be permitted and
when the Site is off limits. These requirements shall be coordinated through the
City.
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
CM@Risk 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 CM@Risk’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.
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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 City. No person is authorized on
behalf of City to orally change, amend, waive, or otherwise modify the terms of the Contract
Documents or any of the CM@Risk’s duties or obligations under or arising out of the Contract
Documents. Any change, waiver, approval, or consent granted to the CM@Risk shall be limited to
the specific material restated in the written document signed by City and shall not relieve
CM@Risk of any other of the duties and obligations under the Contract Documents.
g. The CM@Risk 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 City from liens and claims of lien
if permitted or required by applicable law. CM@Risk shall be responsible for filing in the
appropriate court or other governmental office records all such notices as required or permitted by
the laws of the state in which the Project is located.
h. The CM@Risk shall provide City with copies of all notices received by CM@Risk from
Subcontractors, Sub-subcontractors, and/or suppliers to CM@Risk.
i. The City 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 City for this public works project. CM@Risk shall confirm that the City is exempt before
paying taxes for items, materials, or supplies that may not be lawfully charged to the City.
j. City 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 City to CM@Risk subject to the terms and conditions of the Contract Documents. In the event
that City approves a Change Order, Construction Change Directive or other additional compensable
Work to be performed by CM@Risk, (other than that contemplated by the Contract Documents
under any remedy-granting provision), City 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 City’s
governing body.
k. In the event the City is required to further advertise the completion of the Work or the Project under
any local, state or Federal law, the CM@Risk shall notify the City 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 CM@Risk 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 CM@Risk 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 CM@Risk that the Subcontractor will not knowingly employ or contract with
an illegal alien to perform work under this Agreement.
i. The CM@Risk 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 City may be entitled to for a breach of the
Agreement, if the City terminates this Agreement, in whole or in part, due to CM@Risk’s
breach of the obligations set forth above in this Section 13.11.l CM@Risk shall be liable
for actual and consequential damages to the City.
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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 City 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 City. The City does not waive its immunities or right to object to or contest such a lien.
Article 14. Omitted.
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 City and CM@Risk
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 City to file a Claim in order
to impose liquidated damages in accordance with the Contract Documents.
b. Time Limits on Claims
The City and CM@Risk 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 City or CM@Risk must be initiated by written notice to the other party with a
copy sent to the Design Professional, as expeditiously as possible, with notice of any Claim
including, without limitation, those in connection with concealed or unknown conditions, once such
claim is recognized, and shall cooperate with the Design Professional and the party against whom
the claim is made in any effort to mitigate the alleged or potential damages, delay, or other adverse
consequences arising out of the condition that is the cause of such a Claim. Claims by either party
must be initiated within twenty-one (21) days after occurrence of the event giving rise to such
Claim or within twenty-one (21) days after the claimant first recognizes the condition giving rise
to the Claim, whichever is later.
i. Claims Made After Final Payment
After final payment, Claims made by the CM@Risk 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 City as a condition precedent to the
CM@Risk’s right to sue on the Contract.
ii. Claims by either the City or CM@Risk, 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.
d. Continuing Contract Performance
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i. Pending final resolution of a Claim, except as otherwise agreed in writing or as provided
in Section 9.7 and Article 9 of the Contract, the CM@Risk shall proceed diligently with
performance of the Contract and the City shall continue to make payments in accordance
with the Contract Documents.
e. Claims for Additional Cost
If the CM@Risk wishes to make a Claim for an increase in the Contract Price, 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 CM@Risk 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 CM@Risk wishes to make a Claim for an increase in the Contract Time, the
CM@Risk 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 CM@Risk and City 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 City 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 CM@Risk 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 9 of the Contract. Nothing contained in this Section
15.1.g shall be deemed to preclude assessment of liquidated damages, when applicable, in
accordance with the requirements of the Contract Documents.
Section 15.2 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
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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: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
"General Decision Number: TX20260243 01/02/2026
Superseded General Decision Number: TX20250243
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).
Modification Number Publication Date
0 01/02/2026
ASBE0021-011 06/01/2025
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR (Duct, Pipe and
Mechanical System Insulation)....$ 33.23 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
EXHIBIT GDocusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
Tons and under..............$ 32.35 13.10
----------------------------------------------------------------
IRON0263-005 06/01/2025
Rates Fringes
IRONWORKER (ORNAMENTAL AND
STRUCTURAL)......................$ 29.64 8.43
----------------------------------------------------------------
PLUM0100-008 11/01/2024
Rates Fringes
HVAC MECHANIC (HVAC Unit
Installation Only)...............$ 39.76 14.04
----------------------------------------------------------------
SUTX2014-019 07/21/2014
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
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
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:
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
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
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
TRUCK DRIVER: Water Truck.......$ 12.00 4.11
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
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.
Note: Executive Order 13658 generally applies to contracts
subject to the Davis-Bacon Act that were awarded on or between
January 1, 2015 and January 29, 2022, and that have not been
renewed or extended on or after January 30, 2022. Executive
Order 13658 does not apply to contracts subject only to the
Davis-Bacon Related Acts regardless of when they were awarded.
If a contract is subject to Executive Order 13658, the
contractor must pay all covered workers at least $13.30 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. The applicable Executive Order
minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under Executive Order 13658 is available at
www.dol.gov/whd/govcontracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
----------------------------------------------------------------
The body of each wage determination lists the classifications
and wage rates that have been found to be prevailing for the
type(s) of construction and geographic area covered by the wage
determination. The classifications are listed in alphabetical
order under rate identifiers indicating whether the particular
rate is a union rate (current union negotiated rate), a survey
rate, a weighted union average rate, a state adopted rate, or a
supplemental classification rate.
Union Rate Identifiers
A four-letter identifier beginning with characters other than
""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2024. PLUM is an identifier of the union
whose collectively bargained rate prevailed in the survey for
this classification, which in this example would be Plumbers.
0198 indicates the local union number or district council
number where applicable, i.e., Plumbers Local 0198. The next
number, 005 in the example, is an internal number used in
processing the wage determination. The date, 07/01/2024 in the
example, is the effective date of the most current negotiated
rate.
Union prevailing wage rates are updated to reflect all changes
over time that are reported to WHD in the rates
in the collective bargaining agreement (CBA) governing the
classification.
Union Average Rate Identifiers
The UAVG identifier indicates that no single rate prevailed for
those classifications, but that 100% of the data reported for
the classifications reflected union rates. EXAMPLE:
UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a
weighted union average rate. OH indicates the State of Ohio.
The next number, 0010 in the example, is an internal number
used in producing the wage determination. The date, 01/01/2024
in the example, indicates the date the wage determination was
updated to reflect the most current union average rate.
A UAVG rate will be updated once a year, usually in January, to
reflect a weighted average of the current rates in the
collective bargaining agreements on which the rate is based.
Survey Rate Identifiers
The ""SU"" identifier indicates that either a single non-union
rate prevailed (as defined in 29 CFR 1.2) for this
classification in the survey or that the rate was derived by
computing a weighted average rate based on all the rates
reported in the survey for that classification. As a weighted
average rate includes all rates reported in the survey, it may
include both union and non-union rates. Example: SUFL2022-007
6/27/2024. SU indicates the rate is a single non-union
prevailing rate or a weighted average of survey data for that
classification. FL indicates the State of Florida. 2022 is the
year of the survey on which these classifications and rates are
based. The next number, 007 in the example, is an internal
number used in producing the wage determination. The date,
6/27/2024 in the example, indicates the survey completion date
for the classifications and rates under that identifier.
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
?SU? wage rates typically remain in effect until a new survey
is conducted. However, the Wage and Hour Division (WHD) has the
discretion to update such rates under 29 CFR 1.6(c)(1).
State Adopted Rate Identifiers
The ""SA"" identifier indicates that the classifications and
prevailing wage rates set by a state (or local) government were
adopted under 29 C.F.R 1.3(g)-(h). Example: SAME2023-007
01/03/2024. SA reflects that the rates are state adopted. ME
refers to the State of Maine. 2023 is the year during which the
state completed the survey on which the listed classifications
and rates are based. The next number, 007 in the example, is an
internal number used in producing the wage determination.
The date, 01/03/2024 in the example, reflects the date on which
the classifications and rates under the ?SA? identifier took
effect under state law in the state from which the rates were
adopted.
-----------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1) Has there been an initial decision in the matter? This can
be:
a) a survey underlying a wage determination
b) an existing published wage determination
c) an initial WHD letter setting forth a position on
a wage determination matter
d) an initial conformance (additional classification
and rate) determination
On survey related matters, initial contact, including requests
for summaries of surveys, should be directed to the WHD Branch
of Wage Surveys. Requests can be submitted via email to
davisbaconinfo@dol.gov or by mail to:
Branch of Wage Surveys
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
Regarding any other wage determination matter such as
conformance decisions, requests for initial decisions should be
directed to the WHD Branch of Construction Wage Determinations.
Requests can be submitted via email to BCWD-Office@dol.gov or
by mail to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2) If an initial decision has been issued, then any interested
party (those affected by the action) that disagrees with the
decision can request review and reconsideration from the Wage
and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
Requests for review and reconsideration can be submitted via
email to dba.reconsideration@dol.gov or by mail to:
Wage and Hour Administrator
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
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: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
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 two years 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 of two year, or as otherwise specified, shall recommence upon the
identification and completion by CM@Risk and acceptance by City of any warranty claim
during the initial two-year (2) warranty period.
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: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
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 two (2) year period following the date of
Substantial Completion.
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
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
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
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:
.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
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
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 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: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
EXHIBIT X – COST of the WORK
X.1 Costs to Be Reimbursed
X.1.1 The term Cost of the Work shall mean costs necessarily incurred by the CM@Risk in the
proper performance of the Work. The Cost of the Work shall include only the items set forth in
Sections X.1 through X.7.
X.1.2 Where, pursuant to the Contract Documents, any cost is subject to the City’s prior approval,
the CM@Risk shall obtain such approval in writing prior to incurring the cost.
X.1.3 Costs shall be at rates not higher than the competitive prices paid at the place of the Project,
except with prior approval of the City.
X.2 Labor Costs
X.2.1 Wages for labor in the direct employ of the CM@Risk in the performance of the Work at the
rates set forth in the GMP.
X.2.1.1 Pursuant to Chapter 2258, Texas Government Code, all contractors and any Subcontractor
involved in the construction of a public work project shall pay not less than the prevailing rates as
per diem wages in the locality at the time of construction to all laborers, workmen and mechanics
employed by them in the execution of this contract. CM@Risk shall assure that these requirements
are met for the Project and shall insure that every contract or subcontract relating to the Work
requires, on behalf of City, that the prevailing wage rates be paid.
X2.1.2 The CM@Risk shall be provided an applicable Department of Labor Wage Rate
Determination for use on the Project required by Chapter 2258.022, Texas Government Code. In the
event the City does not provide this Labor Wage Rate Determination, the CM@Risk shall request it
in writing in a timely manner, so as not to delay the CM@Risk's initial subcontractor procurement
process during preconstruction. The CM@Risk shall, if requested by the City, assist the City in
conducting a survey of the wages paid, by labor class, on projects of a similar type in a similar
location.
X.2.2 Wages or salaries of the CM@Risk’s supervisory and administrative personnel when stationed
at the site and performing Work, with the City’s prior approval.
X.2.2.1 Charges for CM@Risk’s personnel, when stationed at the fleld office and engaged
exclusively in the performance of the Work, or other personnel as CM@Risk and City may mutually
agree, as provided and set forth in the GMP.
X.2.3 Wages and salaries of the CM@Risk’s supervisory or administrative personnel engaged at
factories, workshops or while traveling, in expediting the production or transportation of materials
or equipment required for the Work, but only for that portion of their time required for the Work.
X.2.4 Costs paid or incurred by the CM@Risk, as required by law or collective bargaining
agreements, for taxes, insurance, contributions, assessments and beneflts and, for personnel not
covered by collective bargaining agreements, customary beneflts such as sick leave, medical and
health beneflts, holidays, vacations and pensions, but not merit bonuses or proflt-sharing provided
such costs are based on wages and salaries included in the Cost of the Work under Sections X.2.1
through X.2.3. Charges for such costs shall not exceed the CM@Risk’s actual cost and, as a result,
when computing amounts chargeable for such costs CM@Risk shall give proper consideration to
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
what portion of such charges are solely attributable to the Work and the effect of any annual or
other periodic limitations on any such charges.
X.2.5 The rates set forth in the GMP shall remain unchanged throughout the duration of this
Agreement, unless the parties execute a Change Order.
X.2.6 Notwithstanding the rates shown in the GMP to be used by the CM@Risk for progress billings,
the City shall have the right to audit the CM@Risk’s actual labor costs, burdens, and related
expenditures before flnal payment, and adjust the City’s payment to the CM@Risk for variations
found accordingly.
X.3 Subcontract Costs
Payments made by the CM@Risk to Subcontractors in accordance with the requirements of the
subcontracts properly entered into under this Agreement.
X.4 Costs of Materials and Equipment Incorporated in the Completed Construction
X.4.1 Costs, including temporary storage and transportation of materials and equipment
incorporated, or to be incorporated, in the completed construction.
X.4.2 Costs of materials described in the preceding Section X.4.1 in excess of those actually
installed but required to provide allowance for waste and for spoilage. Unused excess materials, if
any, shall be properly stored at the site, or in accordance with the City’s instructions, provided to the
City at the completion of the Work or, at the City’s option, shall be sold by the CM@Risk. Any
amounts realized from such sales shall be credited to the City as a deduction from the Cost of the
Work. CM@Risk shall use its best efforts and judgment to avoid purchasing excess materials
without the prior approval of the City.
X.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items
X.5.1 Costs, including transportation and maintenance, of all materials, supplies, equipment,
temporary facilities and hand tools (not owned by the workers) consumed in the performance of the
Work. Any such items used but not consumed, which were paid for by the City, shall become
property of the City and shall be delivered to the City upon completion of the Work in accordance
with instructions furnished by the City. If the City elects, however, the CM@Risk shall purchase any
items from the City at a purchase price equal to the original cost charged to the City, less the
reduction in fair market value resulting directly from any use of such item in connection with the
Work or such other price which is mutually acceptable for the City and the CM@Risk. Upon
demand by the City, the CM@Risk shall furnish the City with any information and documentation
necessary to verify the period of time for which items were used in connection with the Work.
X.5.2 Rental charges of all necessary machinery and equipment, exclusive of hand tools, not used
at the site of the Work, whether rented from the CM@Risk or others, including installation, minor
repairs and replacements, dismantling, removal, transportation and delivery costs thereof. Such
rental charges shall not exceed the amount set forth in in the GMP, attached hereto and made part
hereof. In the absence of any appropriate rental amount set forth in the GMP, rental charges shall be
consistent with those generally prevailing in the location of the Project. The CM@Risk shall obtain
bids for all machinery and equipment to be rented from no less than three (3) responsible suppliers
other than the CM@Risk itself, or an Affiliate as deflned herein. The City shall, with the advice of the
CM@Risk and CM@Risk, determine which bid is to be accepted. In no event shall the CM@Risk be
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
entitled to reimbursement for any cumulative total of rental charges in connection with any single
piece of machinery or equipment in excess of sixty percent (60%) of its fair market value as of the
date that such machinery or equipment is flrst put into service in connection with the Work. The
CM@Risk shall pay any excess rental charges. CM@Risk shall disclose to the City and CM@Risk if
any rental arrangements include a lease to purchase component as a result of which rental
payments chargeable to City as costs are applied, in whole or in part, to CM@Risk’s acquisition of
such rented equipment, in which event the rental rate otherwise provided for shall be reduced by
flfty percent (50%).
X.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal.
X.5.4 Costs of the CM@Risk’s site office, including reproduction costs, electronic communications
and data connections at the site, postal and parcel express delivery charges, documented petty
cash expenses of the site office as well as general office equipment and supplies.
X.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable
location, with the City’s prior approval, when stored and maintained in compliance with the
Contract Documents.
X.6 Miscellaneous Costs
X.6.1 That portion of insurance and bond premiums that can be directly attributed to and required
by this Agreement, provided, however, that such costs shall not be included in the Cost of the Work
for purposes of calculating the CM@Risk’s fee. Expenses shall be substantiated by documentation
in form of substance satisfactory to City. Such premiums shall be adjusted at the Final Acceptance
of the Work to refiect the flnal Contract Price.
X.6.2 Sales, use, or similar taxes, imposed by a governmental authority, which are related to the
Work and for which the CM@Risk is liable.
X.6.3 Fees and assessments for the building permit, and for other permits, licenses, and
inspections, for which the CM@Risk is required by the Contract Documents to pay.
X.6.4 Fees of testing laboratories for tests required by the Contract Documents; except those
related to nonconforming Work other than that which payment is permitted under the Contract
Documents.
X.6.5 Royalties and license fees paid for the use of a particular design, process, or product, required
by the Contract Documents, and provided such royalties, fees, and other costs are not excluded by
provisions of the Contract Documents.
X.6.6 Costs of document reproductions and delivery charges.
X.6.7 That portion of the reasonable expenses of the CM@Risk’s personnel incurred while traveling
in discharge of duties connected with the Work, when in compliance with Exhibit Y – General
Conditions Costs.
X.6.8 The cost of travel more than 100 miles from the site by; and commercial lodging, rental
housing and meals for the CM@Risk’s supervisory personnel properly and reasonably incurred in
the performance of the Work is "Travel and Subsistence". Travel and Subsistence incurred in
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
accordance with the CM@Risk’s written personnel policy for actual and veriflable relocation and
temporary living expenses of personnel required for the Work, in case it is necessary to relocate
such personnel from locations further than one hundred (100) miles from the site, when approved
by the City in advance and in writing, and not in excess of the line item amount shown for this
purpose in the GMP.
X.7 Other Costs and Emergencies
X.7.1 Other costs incurred in the performance of the Work, with the City’s prior written approval.
X.7.2 Costs incurred in taking action to prevent threatened damage, injury, or loss, in case of an
emergency affecting the safety of persons and property, to the extent not (1) caused by the
CM@Risk, a subcontractor, or anyone for whom either is responsible, or (2) capable of being
prevented through timely notice of an unsafe condition to the City.
X.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the CM@Risk,
Subcontractors, or suppliers, provided that such damaged or nonconforming Work resulted from
causes other than the fault, negligence, or neglect of the CM@Risk or its subcontractors, vendors or
suppliers in whole or in part, or, failure of CM@Risk or its subcontractors, vendors or suppliers to
comply with all of the requirements of the Contract Documents or the failure of the CM@Risk’s
personnel to adequately supervise the Work of the Subcontractors or suppliers, and only to the
extent that the cost of repair or correction is not recoverable by the CM@Risk from insurance,
Subcontractors or suppliers.
X.7.4 The losses included in Section X.7.3, may include settlements made with the prior written
consent and approval of City. No such losses and expenses shall be included in the Cost of the
Work for the purpose of determining CM@Risk’s Fee unless such loss requires substantial
reconstruction and CM@Risk is placed in charge thereof. In such event, CM@Risk shall be paid for
proflt and overhead in an amount calculated by the percentage identifled in the Contract
Documents, for Changes to the Work of the cost of any such reconstruction, provided such
substantial reconstruction is not: (i) required due to the fault or negligence of the CM@Risk or
failure of CM@Risk to comply with all of the requirements of the Contract Documents; or (ii)
incidental reconstruction, which for purposes of this Section X.7.4 is hereby deemed to mean any
reconstruction involving a cost of less than One Thousand Dollars ($ 1,000).
X.9 Costs Not to Be Reimbursed
X.9.1 The Cost of the Work shall not include (unless otherwise speciflcally stated in the GMP) the
items listed below:
.1 Salaries and other compensation of the CM@Risk’s personnel stationed at the
CM@Risk’s principal office or offices other than the site office, except as
speciflcally provided in Section X.2, or as may be provided in the GMP;
.2 Bonuses, proflt sharing, incentive compensation, and any other discretionary
payments, paid to anyone hired by the CM@Risk or paid to any Subcontractor or
vendor, unless the City has provided prior approval;
.3 Expenses of the CM@Risk’s principal office and offices other than the site office;
.4 Overhead and general expenses, except as may be expressly included in Sections
X.1 to X.7;
.5 Rental costs of machinery and equipment, except as speciflcally provided herein;
.6 The CM@Risk’s capital expenses, including interest on the CM@Risk’s capital
employed for the Work;
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
.7 Except as provided in Section X.7.3 of this Agreement, costs due to the negligence
of, or failure to fulflll a speciflc responsibility of the Contract by, the CM@Risk,
Subcontractors, and suppliers, or anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable;
.8 Costs incurred in the performance of Preconstruction Phase Services (unless
speciflcally stated in the GMP);
.9 Any cost not speciflcally and expressly described in Sections X.1 to X.7;
.10 Costs, other than costs included in Change Orders approved by the City, that would
cause the Guaranteed Maximum Price to be exceeded;
.11 Services and expenses of the estimating, personnel, accounting, budget control,
audit and management information systems relating to accounting in CM@Risk 's
office and even if at the site, except as speciflcally identifled herein;
.12 Interest on CM@Risk 's capital or on money borrowed by CM@Risk, including the
capital employed by CM@Risk in the performance of the Work;
.13 Amounts required to be paid by CM@Risk for Federal and/or State income, franchise
taxes or other business taxes, but not including any applicable sales taxes;
.14 Legal, accounting, or other similar professional services provided by or to CM@Risk,
in regard to disputes, arbitrations, litigations or other such proceedings with
Subcontractors, with municipal authorities, with City, the Design Professional or any
other person or entity relating to the Project or otherwise;
.15 Sales, entertainment, and meal expenses;
.16 Employee vehicle expenses, including fuel above the “Travel & Subsistence” not-to-
exceed amount;
.17 General Conditions, Weather Protection and Travel and Subsistence in excess of the
line items shown in the GMP;
.18 Costs related to CM@Risk’s indemniflcation obligations;
.19 The cost of Travel and Subsistence not in compliance with the requirements of
Section X.6.12; and
.20 Costs for insurance through a captive insurer owned or controlled by the CM@Risk.
.
X.10 Discounts
X.10.1 Cash discounts obtained on payments made by the CM@Risk shall accrue to the City if: (1)
before making the payment, the CM@Risk included the amount to be paid, less such discount, in an
Application for Payment and received payment from the City; or (2) the City has deposited funds
with the CM@Risk with which to make payments. Trade discounts, rebates, refunds, and amounts
received from sales of surplus materials and equipment shall accrue to the City, and the CM@Risk
shall make provisions so that they can be secured. The CM@Risk shall not obtain for its own beneflt
any discounts, rebates or refunds in connection with the Work from any source including but not
limited to its Subcontractors, vendors, or other suppliers of goods, insurance or other services
without providing the City with at least thirty (30) days prior written notice of the potential discount,
rebate or refund and an opportunity to furnish funds if and when necessary to obtain such discount,
rebate or refund on behalf of the City in accordance with the requirements of this Section X.8.10.
X.10.2 Amounts that accrue to the City in accordance with the provisions of Section X.8.10 shall be
credited to the City as a deduction from the Cost of the Work.
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
EXHIBIT Y – GENERAL CONDITIONS COSTS (VERTICAL PROJECTS VERSION)
The General Conditions Costs are a firm fixed lump sum amount included as a Cost of the Work and that will
include bonds and insurance premiums, except builder’s risk insurance which will be billed as a
reimbursable job cost expense at actual cost, based on the full contract price for construction.
These General Conditions Costs include, but are not limited to the following types of costs for the
CM@Risk during the construction phase: payroll costs for project manager or construction manager
for Work conducted at the site; payroll costs for the superintendent and full-time general foremen;
payroll costs for other management personnel resident and working on the site; workers not included
as direct labor costs engaged in support (e.g. loading/unloading, clean-up, etc.); administrative office
personnel; costs of offices and temporary facilities including office materials, office supplies, office
equipment, minor expenses; telephone services at the site; costs of liability insurance premiums not
included in labor burdens for direct labor costs; costs of bond premiums; costs of consultants not in
the direct employ of the CM@Risk or Subcontractors; and fees for licenses; and field staff vehicle
allowances, field staff phones, courier and postage and contractor association fees
Any costs which comprise the Cost of Work, and reimbursable under Exhibit X – Cost of the Work which
are also set forth in the detailed general conditions estimate included within each Approved GMP,
shall not exceed the total amount shown in aggregate herein for such expenditures
Y.1 CM@Risk’s Change Order Requests will include additional General Conditions costs as justifiable,
and to the extent the actual expenditures of General Conditions cost items are increased by reason
of increase(s) in: the duration of the Work; the quantity of CM@Risk’s facilities and equipment
required; or number or duration of supervisory personnel on site directly required to enact the
requested change. General Conditions costs shall not be increased for additional personnel and
labor costs not actually incurred by the CM@Risk and documented to the satisfaction of the City.
Y.2 Notwithstanding the above, the CM@Risk has included in General Conditions sufficient supervision
and project controls personnel to prepare and process a standard amount of project documentation,
including without limitation, requests for information, meeting minutes, Proposal Requests, Change
Order Requests, Change Orders, and other CM@Risk’s administration and deliverables normally
required on similar projects. The CM@Risk will not be additionally compensated above the amount
shown in General Conditions for preparing or processing these documents.
Y.3 The cost of properly and reasonably maintaining access to the Work in spite of, facilitating progress
of the Work during, and protecting the Work itself from the impact of inclement weather is "Weather
Protection". Weather Protection shall not exceed the total of the line items shown for this purpose in
the General Conditions, given the Work is performed during average weather conditions for the
Project site, as such average is defined in the Contract documents.
Y.4 Intentionally left blank.
Y.5 The actual costs for Weather Protection, and Travel and Subsistence will be billed on an "as
incurred" and actual cost basis, and any unused portion of such amounts will revert to the City as
savings below the Guaranteed Maximum Price.
Y.6 The CM@Risk shall, without limitation keep such separate and distinct records as are required for
the CM@Risk to easily validate the accuracy of the CM@Risk’s billing for the costs of General
Conditions, Weather Protection, and Travel and Subsistence.
Commented [EG1]: Leave as cost reimbursable, want
to talk through it with vendor.
Commented [EG2R1]: City will accept changes.
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
Y.7 In the event the CM@Risk believes General Conditions, Weather Protection, or Travel and
Subsistence line item(s) included in the Guaranteed Maximum Price should be increased due to
changes in the Work or circumstances beyond the CM@Risk’s responsibilities to control under this
Agreement; or the City or CM@Risk believes such line items should be lowered based on better
circumstances for performing the Work than originally anticipated by the City and CM@Risk, the
Guaranteed Maximum Price shall then be adjusted as provided in the Contract Documents for
changes in the Work.
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined
by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a) and by City of Denton
Ethics Code, Ordinance 18-757.
By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the
date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a
misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
2
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day
after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information in this section is being disclosed.
Name of Officer
Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section
176.003(a)(2)(A). Also describe any family relations hip with the local government officer. This section, (item 3 including subparts A, B, C & D), must be
completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.00 1(1-a), Local Government Code.
Attach additional pages to this Form CIQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor?
Yes No
B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in
this section AND the taxable income is not received from the local governmental entity?
Yes No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer
or director, or holds an ownership of one percent or more?
Yes No
D. Describe each employment or business and family relationship with the local government officer named in this section.
4
I have no Conflict of Interest to disclose.
5
Signature of vendor doing business with the governmental entity Date
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
Steele & Freeman, Inc.
4/28/2026
X
X
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy
reference, below are some of the sections cited on this form.
Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the
parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local
governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public; or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,
and reporting to, that agency.
Local Government Code § 176.003(a)(2)(A) and (B):
(A) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a family member of the officer that
results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor;
(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more
than $100 in the 12-month period preceding the date the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed; or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Local Government Code § 176.006(a) and (a-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member
of the officer, described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the
aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day
after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or
(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another
writing related to a potential contract with the local governmental entity; or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a family member of the officer,
described by Subsection (a);
(B) that the vendor has given one or more gifts described by Subsection (a); or
(C) of a family relationship with a local government officer.
City of Denton Ethics Code Ordinance Number 18-757
Definitions:
Relative: a family member related to a City Official within the third 3rd degree of affinity (marriage) or consanguinity (blood or adoption)
City Official: for purpose of this article, the term consists of the Council Members, Department Heads, or member of the Board of Ethics, Planning
and zoning Commission Members, Board of Adjustment, Historic Landmark Commission, or Public Utilities Board
Vendor: a person who provides or seeks to provide goods, services, and/or real property to the City in exchange for compensation. This definition
does not include those property owners from whom the City acquires public right-of-way or other real property interests for public use.
Per the City of Denton Ethics Code, Section 2-273. – Prohibitions
(3) It shall be a violation of this Article for a Vendor to offer or give a Gift to City Official exceeding fifty dollars ($50.00) per gift, or multiple gifts
cumulatively valued at more than two hundred dollars ($200.00) per a single fiscal year.
Per the City of Denton Ethics Code, Section 2-282. – Disposition (b), (5) Ineligibility
If the Board of Ethics finds that a Vendor has violated this Article, the Board may recommend to the City Manager that the Vendor be deemed
ineligible to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year.
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015
Docusign Envelope ID: 97979910-892A-48DC-A34C-3D6FDF4F4CDC
Certificate Of Completion
Envelope Id: 97979910-892A-48DC-A34C-3D6FDF4F4CDC Status: Completed
Subject: Please DocuSign: City Council Contract 8558 GMP 1 - Construction Agreement - Animal Svc Expansion
Source Envelope:
Document Pages: 161 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 1 Erica Garcia
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
901B Texas Street
Denton, TX 76209
erica.garcia@cityofdenton.com
IP Address: 198.49.140.10
Record Tracking
Status: Original
4/22/2026 8:45:15 AM
Holder: Erica Garcia
erica.garcia@cityofdenton.com
Location: DocuSign
Signer Events Signature Timestamp
Erica Garcia
erica.garcia@cityofdenton.com
Senior Buyer
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.10
Sent: 4/22/2026 8:49:55 AM
Viewed: 4/22/2026 8:50:04 AM
Signed: 4/22/2026 8:51:08 AM
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: 198.49.140.10
Sent: 4/22/2026 8:51:12 AM
Viewed: 4/22/2026 2:24:32 PM
Signed: 4/22/2026 2:25:29 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Leah Bush
leah.bush@cityofdenton.com
Assistant City Attorney
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.104
Sent: 4/22/2026 2:25:34 PM
Viewed: 4/28/2026 9:05:19 AM
Signed: 4/28/2026 1:39:39 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Michael Freeman
mfreeman@steelefreeman.com
Chief Executive Officer
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 12.154.32.162
Sent: 4/28/2026 1:39:43 PM
Viewed: 4/28/2026 1:53:31 PM
Signed: 4/28/2026 3:07:46 PM
Electronic Record and Signature Disclosure:
Accepted: 4/28/2026 1:53:31 PM
ID: 0fd098d8-f4d9-4144-9dcc-13d5ef5d321c
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: 47.190.47.120
Signed using mobile
Sent: 4/28/2026 3:07:49 PM
Viewed: 4/28/2026 3:11:03 PM
Signed: 4/28/2026 3:12:15 PM
Electronic Record and Signature Disclosure:
Accepted: 4/28/2026 3:11:03 PM
ID: 382d12b0-89c5-4155-8175-c975d3ae6997
Cheyenne Defee
cheyenne.defee@cityofdenton.com
Procurement Administration Supervisor
City of Denton
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 198.49.140.104
Sent: 4/28/2026 3:12:18 PM
Viewed: 5/20/2026 8:23:05 AM
Signed: 5/20/2026 8:23:15 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Cassey Ogden
Cassey.Ogden@cityofdenton.com
Interim City Manager
City of Denton
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 5/20/2026 8:23:18 AM
Viewed: 5/20/2026 8:27:37 AM
Signed: 5/20/2026 8:27:45 AM
Electronic Record and Signature Disclosure:
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Kristi Fogle
kristi.fogle@cityofdenton.com
Chief of Staff
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 198.49.140.10
Sent: 5/20/2026 8:27:48 AM
Resent: 5/20/2026 9:21:16 AM
Viewed: 5/20/2026 9:25:27 AM
Signed: 5/20/2026 9:26:04 AM
Electronic Record and Signature Disclosure:
Accepted: 5/20/2026 9:25:27 AM
ID: 255c735f-bcdf-4b08-9fed-aeeff2ede9ce
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: 4/22/2026 8:51:12 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Carbon Copy Events Status Timestamp
Gretna Jones
gretna.jones@cityofdenton.com
Legal Secretary
City of Denton
Security Level: Email, Account Authentication
(None)
Sent: 4/28/2026 3:12:18 PM
Viewed: 4/28/2026 3:16:41 PM
Electronic Record and Signature Disclosure:
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City Secretary Office
citysecretary@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 5/20/2026 9:26:07 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Kristine Stewart
kristine.stewart@cityofdenton.com
Security Level: Email, Account Authentication
(None)
Sent: 5/20/2026 9:26:07 AM
Electronic Record and Signature Disclosure:
Accepted: 5/7/2026 8:21:37 AM
ID: 6b26f2f3-560d-4fba-9ef0-963046356c59
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/22/2026 8:49:55 AM
Envelope Updated Security Checked 5/20/2026 9:21:15 AM
Envelope Updated Security Checked 5/20/2026 9:21:15 AM
Envelope Updated Security Checked 5/20/2026 9:21:15 AM
Certified Delivered Security Checked 5/20/2026 9:25:27 AM
Signing Complete Security Checked 5/20/2026 9:26:04 AM
Completed Security Checked 5/20/2026 9:26:08 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.
(DocuSign) Express user account. Please read the information below carefully and thoroughly,
and if you can access this information electronically to your satisfaction and agree to these terms
and conditions, please confirm your agreement by clicking the 'I agree' button at the bottom of
this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. For such copies, as long as you are an authorized user of the
DocuSign system you will have the ability to download and print any documents we send to you
through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper copies of
any such documents from our office to you, you will be charged a $0.00 per-page fee. You may
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
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
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,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign Express user account to receive required notices and consents electronically from us
or to sign electronically documents from us.
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: Michael Freeman, Seth Garcia, Kristi Fogle, Kristine Stewart
How to contact City of Denton:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: purchasing@cityofdenton.com
To advise City of Denton of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at melissa.kraft@cityofdenton.com
and in the body of such request you must state: your previous e-mail address, your new e-mail
address. We do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper copies from City of Denton
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to purchasing@cityofdenton.com and in
the body of such request you must state your e-mail address, full name, US Postal address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Denton
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to purchasing@cityofdenton.com and in the body of such request you
must state your e-mail, full name, IS Postal Address, telephone number, and account
number. We do not need any other information from you to withdraw consent.. The
consequences of your withdrawing consent for online documents will be that transactions
may take a longer time to process..
Required hardware and software
Operating Systems: Windows2000? or WindowsXP?
Browsers (for SENDERS): Internet Explorer 6.0? or above
Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0,
NetScape 7.2 (or above)
Email: Access to a valid email account
Screen Resolution: 800 x 600 minimum
Enabled Security Settings:
•Allow per session cookies
•Users accessing the internet behind a Proxy
Server must enable HTTP 1.1 settings via
proxy connection
** These minimum requirements are subject to change. If these requirements change, we will
provide you with an email message at the email address we have on file for you at that time
providing you with the revised hardware and software requirements, at which time you will
have the right to withdraw your consent.
Acknowledging your access and consent to receive materials electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please verify that you
were able to read this electronic disclosure and that you also were able to print on paper or
electronically save this page for your future reference and access or that you were able to
e-mail this disclosure and consent to an address where you will be able to print on paper or
save it for your future reference and access. Further, if you consent to receiving notices and
disclosures exclusively in electronic format on the terms and conditions described above,
please let us know by clicking the 'I agree' button below.
By checking the 'I Agree' box, I confirm that:
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify City of Denton as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by City of Denton during the course of my relationship with you.