d f\vr! v I tHJOi\\ln II NUl Ii lij 􀁾􀁕􀁕􀀺􀀼􀀠....􀁩􀁪􀀺􀁾􀁂􀀯􀁾􀀱􀀮􀀠 􀁾􀀺􀁾􀁾􀀯􀁎􀁏􀀮􀀠􀁾􀁬􀁬􀁪􀀰􀀰􀀸􀀲􀀹􀀷􀀴􀀠 P 2 , t4.GR(!EMENT FOR SERVICES .l' PROVIDED TO FRITO·LAY, INC. THIS
AGREEMENT fOr Services (hereInafter refeITed to as "Agreement") is made effective as ofthe 14'"day of October, 2003. by and between FRlTo.LAY, INC., a Delaware corporation (hereinafter
referred to as "Frito-Lay"). Its parenl, divisions, subsidiaries and affiliates, and Constructora & Associates, Inc, its parent, divisions, subsidiaries and affiliates (hereinafter referreci
to as "ContraclOl"), having an office and principal place of business at.3333 Welbom, Suite 200, Dallas, Tx.. 75219. In OOfTsiderallon of the mutual promises ofperformance by Contractor
and payment by Fritc-Lay to Contractor for services, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FrIto.Layand Con1Jactoragree
to the following terms and conditions: 1. DiE SERVICES 1.1 This Agreement shall govem govem alf services performed by Contractor fOr Frito-Lay C'Services"), until the termination hereof.
Schedule A. attached hereto and made a part of this Agreement, contains the scope of work and all specific terms of the project and Services to be performed by Con1Jactor. In 1.2 2.
2.1 2.2 3. 31 3.2 cese ofa conftict or inc:onsistellG)' between the terms of this Agreement and the terms of Schedule A. the terms of this Agreement shall control. The terms of Schedute
A may be amended. modified or changed In accordance with the procedures set fOrth In Paragraph 2 ofthis Agreement Frito.-Lay wlH provide to Con1Jactor reasonable, necessary, non-exclusive
access to the property or facilltv designated in Scheciule A for the IOle PuI'PQ$e of peIfonnlng the Services. Contractor wUl at all times exeroise its best efforts to coordinate the
Services with Frlto-Lay's designated representatives and other contractors or consultants providing services to Frlto-Lay. Ftito-lay may, from time to time, schedule and coordinate Contractor's
Services in conjunction with the'worle of others, and Contractor agrees to use its best efforts to comply strictly \1ith the scheduling and coordination. PROJECT CHANGES FlitO-lay may
It any lima allltlortze changes In the ServIces, requlnillldditlonal Services or direct the omission of Services previously ot:dered as set forth beloW; provided, however, Contractor
&hall not proceed with any change without the priorwritten consent of the Frito-Lay Project Manager for the Services, whose name may be set forth on Schedule A C'Project Msnager"). If
eHher party requests a change in the Services or additional Services, Contractor shall promptly furnish to Frito-Lay a statement setting forth, in detail acceptable to Frlto.-Lay, the
actual change In the cost of the Services (Including all reasonable overhead and profit) and any resulting change in the oohedule for the SelVlces, which will result from the requested
change. Ifthe Project Manager approves of C!lntractol's statement In writing, the request for the change and Contractor's statement shall conslilUte a Change Order, and the scope of
work for the Services as set fOrth on Schedule A. IncludIng the amount of compensation. expenses, timetable and schedule shall be revised acc:orciingly. Unless approved in advance in
writing by the Project Manager, Frito-Lay will not pay any additional charges or expenses related to any change other than the charges set forth in the applicable Chal1ge Orders. CONTRACTOR'S
SERVICES TEAM Contractor shall designate on Schedule A. the name of Its key project employee who will manage the project and Services, and all other employees, agents. independent contractors
and subcontractors who will perform the Services (coHElcliveIy referred to as ·Contractor's Services Team"). Contractors Services Team shall be subject to approval by Frlto·Lay. !contractor
shall not subcontract or delegate the performance of any of its duties hereunder without Frito·Lay's prior written approval. Contractorwarrants that aU Services supplied by Contrador's
Service Team shall be supplied by personnel who are careful, skilled, experienced, licensed 9r certified as necessary, and competent in their respective trades or professions. D:I-PROJI:OTWrpot1
OPl'ICO$t & ConiroetlCAI Contrad 10-2S-03.doo Page I 
'rnVI'j vft\UD1\\.tM 􀁜􀁉􀁈􀁕􀀩􀀱􀁾􀀠lH 􀁾􀁕􀁕􀀺􀀼􀀠􀀬􀁾􀀺􀁾􀀸􀀯􀁾􀀱􀀮􀀠􀁾􀀺􀁾􀁩􀁪􀀯􀁎􀁏􀀮􀀠5160082974 P 3 3.4 3.5 4. 4.1 4.2 4.3 4.4 4.5 Contractor must obtain the. object Manager's
prior wrlt!sn conMnt in on.",r to remove or substitute its key pl'Oject employee or any other member of Contractor's Service Team (as listed on Schedl.lfe A) or to add any person to
Contraclnl's Services Team prior rp the completion ofthe Services. If Contractor requests any $UCh change, II shall follow the procedUres In Paragraph 2.2 and. if approved by the Project:
Manager, the· parties shaft amend Schedule A aCcordingly.I ' Frito-Lay may require removal of any IndiVidual named to Contractor's Services Team at any time by written notification to
the Contractor effective upon receIpt. Contractor 18 and will pelform the Services as an indeJndent contractor and will have complete control over and be responsible. for all peraonnel
􀁣􀁯􀁭􀁰􀁲􀁩􀁾􀁩􀁮􀁧􀀠and all operations conducted or perfonmed by Conlractor's Se!VlceS Team. Neither Contractor nor any mamber of Contractor's Services Team shall be deemed to be Frito-lats
servants, employees, or agents. Nothing contained herein shall be deemed 10 create the relatlonshlp of parihera. principal and agent, or joint ventures between the parties. Contractor
agrees that it has no nght or authority (i) to incur obligations of any kind in the name of or for the account of Frito-lay; (il) 10 lcommlt or bind Frif.o..lay to any contract or other
obligation; end that (Iii) all contracts entered Into by It In the pelformance of the Services shall be entered into by Contractor as principal. I COMPENSATION I Frtlo-lay shall pay
Contractor and Contractor shall accept, the sum !=let forth in Schedule A, in full payment for the proper performance of this Agreement and aU obligations of Contractor under this Agreement.
subject to the addlllons and deductions "1ded for in this 􀁓􀁥􀁣􀁴􀁩􀁯􀁾􀀠4 and Section 14 of this Agreement .1 In order to receive payment, Contractor will submit inVOiCes to Frito-Lay,
in a fonm acceptable to FlitoLay, for any and all pre-eppRMld actual costs and experlses due for the Services immediately upon completion of the Services described in the invoices, If
Cl:ontraclor wiR submit multiple invoices throughout the course of the Services, Frito-Lay may retain up to ten percent (10%) of \he amount due in each InVoIce (,'Retainage") until final
completion of Contractor's Services. In eddition to the Retalnage, Frito-lay may withhOld from eacIllnvoice. or 􀁾any Single Involoe tor services. additional sums for (I) invoice amounts
which are not adl!<luately supported; (il) defective Services or materials not corrected; (ill) Contractor'll failure to make proper payments to subcontractora. suppliers and the like;
and/or (IV) If the Services. or any part ofthe Services. heve not been completed in accordElnoe with this Agreement. Frito-ley shall pay the lunount in Contractor's invoices, less any
amounts retained or withheld under this Paragraph. within thirty-five (35) dayS from Frlte-lay's receipt ofthe Invoice. If the grounds for Frito-Lats withholding P.a,ymenls under this
paragraph are removed, Frito-lay will promptly pay to Contractor all withheld 􀁡􀁭􀁯􀁾􀁮􀁴􀁳􀀻􀀠proVided, however, thai Frito-lay will not be liable for interest or late penalty payments
related to any retained or withheld amounts. . I In order to receive final paymant of any and all amounts due upon completlon of the Services. Contractor ahall provIde Frito-lay with
(i) en affidavit indicial!ng that all bUls for labor, materials. taxes, services, and other expenses relating to the Services for which Frlte-Lay could be held responsible have been
paid; (ii) comp/ete releases with regard to 􀁡􀁮􀁹􀁾􀁮􀁤􀀠all liens arising out of the Service, or receipts in full In IlaIJ thereof; and (ii) ifapplicable, a stateV1ent by the surety
on Contractor's performance and paymerri bonds consent ing to final paY!l1enl and indamnlfylng Frite-Lay for any claims relating to bills and expenses. I Frif.o..Lay ahall nOI be liabre
for payment of of any invoice submitted by Contractor after ninety (90) calendar days from the completion of the ServIces lneIuddd in the invoice. IThe total sum payable to Contractor
under SchedUle A shilllinclude all costs, expenses. overhead, taxes, royalties and fees In connection with the Services. IlfContractor desires additional payments for any costs, expenses,
overhead, taxes, royalties or fee$ which Ire not Included in the sum set forth on Schedule A. Contractor must firat obtain the Projec! Manager's prior written approval for any ancl aU
such expenses, including, wi!houllimitaUon, any out 􀁯􀁦􀁾􀁣􀁫􀁥􀁴or travel expanses. In order to obtain app,roval, Contractor ahall follow the procedure set forth in Sectlon 2 ofthis
Agreement. FritoLay will not be financially obligated In any way under this 'f'greement fOr any obligations or expenses incurred by Contractor unless Contractor has obtained the Project
Manager's wrltten approval for the obligations or expenses. Paga2 􀁏􀀺􀁜􀁾􀁐􀁒􀁏􀁊􀁅􀁃􀁔􀁜􀁁􀁬􀁲􀁰􀁯􀁮􀀠ops\Cost & Comn.d:lCAl Contract 1Q..':a8-03.doc 
(lHU)12 18 2UU3 .8:39;8T. 8:38/NO. 5160082974 P 4 4.6 5. 6. 6.1 6.2 6.3 6.4 7. 7.1 In the event of II dispute regarding payment, 􀁃􀁯􀁮􀁴􀁲􀁡􀁣􀁴􀁯􀁾shall remain obligated to and, at
Frito-Lay's option, will continue to perfonn ServIoes pending resoluliOr1 of tile dispute. RECORDS, I· Contractor shall maintain all 􀁣􀁯􀁳􀁾􀀠expense, payroll and {elated financial
records and accounts pertaining to Services perfonned by Contractor under tilis Agreement (the "Records") for a period of three years after the Services are paid for by Frito-Lay or
until the conclusion of any litigation or administrative proceeding arising under or materially co,cerning this Agreement or the SelVice$. Frito-lay shall have the right to audit, copy
and inspect the Records at an nlasonable times during the course of the Servlce$ and for the peliod during which]'e Records are maintained under this Paragraph 5. CONFIOENIIAUTY . During
the tenn of this Agreement, Frito-Lay may lodl y or directly disclose to Contraotor andlor Contractor's Contractor's Service Team. Frlto-Lay's confidential PFOPTetary information relating
to the operation of Frito-LlIY's business, including without limitation, infol1T1l!ilion and data relating to packaging. research, operations, development. production, control, sale
and!' arketing of foods, In such wnn as economic infOnnatJon, business plans, marketing strategy, techni infonnation. knowledge. process and production information, environmental concems,
and m d$ of manufacture (hereinafter "Conlidentlallnformation,,). Contractor andlor 􀁃􀁯􀁮􀁴􀁲􀁡􀁣􀁴􀁯􀁾􀁳􀀠Service Team win hold in confidence and not disclose to others without Frilo-Lay's
prior written 􀁣􀁯􀁾􀁳􀁥􀁮􀁴􀀬􀀠all Confidentiallnform<!lion that has been or will be disclosed to Contractor either dillldly or iMlrectiy. Contractor will limit ItS use of ContldentJallnfonnation
solely In conjunClion with the pe/fonnance of the Servlees. The foregoing obligations of confidentialily and non-use do not apply tol8ny information Contractor can show (I) to be in
the publiC domain; or (H) which was in Contractor's possession prior to beginning parfonnance of the Services and which was not acquired directly or Indlr4lctlY from Frito-Lay. All Confidential
InfOrmation is and shaD remain Frito-Lay'b pn:iperty and'au documen1s, work sheets. drawlngs,photographs, work product and other tangible".J or Intangibles made or received by Contractor
In the performance ofServices that are 􀁢􀁡􀁾in whole or in part on Confidential Infonnation will be Frlto-Lays SOle property and subject 19 the aforementioned obligations of canlidentlality
and non-use. Upon campletioll or terminalion of the Services, or upon Frito-Lays written n;lquest, Conlr.lctor agrees to deliverto Frito-lay!ill tangible forms of Conlidentiallnfonnatlon.
Without FrIto-Lay's prior written approval, Contractor 􀁓􀁨􀁡􀁾􀀠not disclose to the public or to any third party this Agreement, or any documents, worksheets, drawings, work product,
correspondence or other tangible or Intangible matters relating to the ServicEls, except EI$ necessary 10 comply with laws. rules and regulations applicable to the Servlce$. I The provisions
of this Section 6 will survive the termination ofthis Agreement and the termination of the Services hereunder. j QWNERSHIP OF DOCUMENTS AND INTELLECTUAL ,ROPERTY All tangible and intangible
inl'onnation, materials and intellectual property, Including, without limitation, . Ideas, concepts, compositions, inventions, drawings. phoiOQraphs and specifications, deVl)loped or
.prepared by Contractor's Services Team in connection With the ServiceS paid for by Frito-lay ('Work") shall be deemed "works made for hire" under all applicabie laws and shall be Frito-Lay's
sole property . to use in any manner. If for any reason any Work is not conSidered ''works maae for hire" Contractor shall obtain 1111 rights, title and Interest to the Work and cdnltactor
hereby inevocably assigns, conveys and transfers to Frito-Lay all rights, tiUe and Interlasts worldwide In and to all Work and all copyrights, trade secrets, 􀁾􀁮􀀱􀁳􀀬􀀠trademarkS and
other 􀁉􀁾􀁴􀁥􀁬􀁬􀁥􀁣􀁴􀁵􀁡􀀡􀀠property rights and all contract and licensing rights, and all claims with respect to any of the Work, whether known or unknown. Contractor shall deliver
all Work to Frito-Lay upon complejIon or tennlnation of the Services or upon Frito-lay's written demand and Frito-Lay reserves the unilateral and unrestricted right 10 use the Work in
any way that Frito·Lay desires. 1 All documents. reports. memoranda, drawings. specfficati ns, photographs end other tangible and intangible infonnalion, as well as all Intellectual
property. ineluding. without limitation, Ideas, concepts. compositions, and Inventions provided by Frito.lay snail remain Fr/to-Lay's property and shall be Page 3 D:\-PROJEC1WrpoII OpsICosl
& ContractICN Conttsct 10.:!B-03.doc 7.2 
\lNVIlZ 􀁉􀁾􀀠􀁬􀁕􀁕􀁾􀀠. 􀁾􀀺􀀴􀁕􀀯􀁾􀁉􀀮􀀠􀁾􀀺􀀳􀁾􀀯􀁎􀁏􀀮􀀠5160082974 P 5 8. relumed to FrikrLay upon •. .;uest. completion, or earlier termination of 􀁾... Services. I . REPRESENTATIONS,
WARRANTlili, AND CoyeNAATS Contractor, on behalf of Itself, Its employees, agems ani:l subcontractons hereby represents, warrants, and covenanl$ as folloWs: I 6.1 It Is knowledgeable
and experienced in providing 􀁳􀁥􀁲􀁶􀁩􀁾􀀠comparable to !he Services and it wI!! at all times perform Services In a professional and responsible manner consIstent wltll the standard
of care, dHlgence and sklB ordinarily exercised by sJrnnar 􀁰􀁲􀁯􀁦􀁥􀁳􀁾􀁩􀁯􀁮􀁡􀁬􀁓􀀠under similar circumstances In aecordance willi customarily accepted, good and sound professional
practices and procedures. 8.2 It has all professional licenses, certifications and SimilarlgOVemmental authorizations required for contractons performing services suoh ss the Services
add will obtain all necessary licenses, building and other permlls and similarauthom:ations from from local, ["tate and federal authorities required for it to perform the Services. 8.a
It has Inspected and/or considered the !ocatlon(s) of the Services and allinfonnation relating to the Iocation(s), including without limitation, the comflllon of and aocess to the premises
where the Services are to be perfonned, aA &pace limitations and cionstrainls, locations of ullllties, a!1d quantities of.elecbical, mechanical and an other materials to be sUf'piled
by Conlraetor, and has satisfied i!self as to the condition thereof and that the sum sat forth on chedule A is just and reasonable compensation for all of the services. . 8.4 All materials
prepared hereunder by it will be its sole am! original work and that there neither Is nor will there be any adverse claim by any employee of Contraetor nor any third perty to or in the
materials prepared hereunder. I 8,6 All 􀁥􀁱􀁵􀁩􀁰􀁭􀁥􀁮􀁾􀀠goods and materials furnished and used 􀁾conneetlon with the Services shall be (I) of good and merchantable quality; (il)
free from defeets In qesign, materials and workmanship; (iii) possess the charaeteristics represented by any specifia¥l0ns described In Schedule k. eiv) fit for the purpose for which
designed; (v) capable of meeting all applicable performance eriterla; and (vi) new. unused and in Original Uflbtoken packaging upon derIVes; to Frito-Lay, unless otherwise agreed. 8J$
During and upon the completlon ofllle Services,lt will: (i1 keep the premises under its control 􀁯􀁬􀁾􀁮􀀬􀀠neet and oi'delly; (II) proIeC! all work In progress and atll!roPerty under
its control from damage; (III) remO'feaH trash, debris, waste materials, and rubbish, 􀁾well as Its tools, equipment, machinery, SUrplus materials, from and around the premises; and
(ND remove lind properly recyeJe or dispose of ell ha<:ardous materials (new, used or waste materials) iri aecordance wItI1 all applicable laws. If Contractor fails tocompry with this
paragraph, Fllio-Lay ray do so at Contractor's expense. 8.7 It shall make (or cause to be made) full paymants when due of all compensation to Contractor's Service Team, all vendons,
and any other pensons rende1ing Services or fumishlng materials In conneetlon willi this Agreement B.8 It win take ell necessary preeaullons for the safety of Its employees, agents,
subcontractors, independent contractors end any other persons under Its\conlrol performing the Services. 8.9 It wlJI not permit any lien arising from the Services filed bJ any subcontractor,
vendor, laborer or employee to remain upon the property, provided that FrltlH-aY has made all payments currently due under the terms of this Agreement Contractor may bond ptf or otherwise
protect Flito-Lay against any unreasonable or Improper lien that Contractor wishes to contest I 8.10 During the perfonnanee ofthe ServIces, It shall comply with all Frito-Lay rules and
regulations and any and all federal, state and local laws, rules, regulatlon'. and onfera Qf public authority applicable to the Services and the premises wI!ere the Serviees are to be
performed, including, but not limited to, federal and state tax and social security 1awlI, the ooeupr'I Safety and Health Act, the Fair Labor• Standards Act and the Amerieans with Disabilities
Act. 8.11 It will file all reports requifed to be fi/ed In the name of C01lractor and shalf pay all taxes, fees end charges required by all applicable laws, rules, regulations, and orders,
including without limitation, all Pag,,4 O;""PROJECTWJpOrt Ops\Cool &. Contraot\CAl Conlr&cllo.2!f.ro.doc 
, ,tKUM 􀁾􀁉􀁁􀁕􀁾􀁁􀁃􀁈􀀠 (THU)12 18 2003 8:40/31. 8:38/NO, 5160082974 P 6 8.12 8.13 9. 9.1 9.2 9.3 9.4 10 10.1 taxes. fees, contributions, 􀁡􀁾􀁾􀁳􀁳􀁭􀁥􀁮􀀡􀁳􀀠or other charges applicable
to It.. "Il::ome. personal property and employees In connection with tile Services. J' During It$ performance of tile Services, it has not and I II not enter into any contraots or agreements
which ImpnclHy or expressly prevent Contractor from engaging In activities of the type envisioned hereunder or which would result in a conflict with contractor's obligations under this
Agreement All products and/or Services (including, will10ut 􀁉􀁩􀁭􀁩􀁴􀁡􀁬􀁩􀁏􀁾􀀬􀀠all original and third party softWare, hardware, integrated circuits, data and other components provided
or included In any equipment, materials and Services supplied under this or a related 􀁾􀁲􀁥􀁥􀁭􀁥􀁮􀁴􀀩and, ifapplicable, such products and/or Services performing as a system, shall
be Year :/000 Compliant through the twenty-first century. Year 2000 Compliant means means that before, on and after midnight December 31, 1999, all such produots and/or Services will
accurately prooess dateltirpe data (Including without limitation, calculating, comparing; providing, receiving, recording, saving and sequencing) from, into, and between the twentieth
and twenty-first centuries, Includir' leap year calculations, without any loss of functionality, performance or Interruption. . . 8,13.1 In the event ofa breach of the foregoing 􀁲􀁥􀁰􀁲􀁥􀁾􀁮􀁴􀁡􀁴�
�􀁯􀁮􀀠and warranty, Contractor shall restore the products andlor Services.to the same level pl performance as warranted In this Agreement or repair or replace the products and/or Services
wItfl conformIng products and/or SaIVices so as to minimize tile inlerruption to Frlto-Lay'B business processes, time being of the essence, at Contractor's tIOte cost and expense. IfConiraetor
falls to correct defects In or replace non-conforming or defective prod",cts andlor Services P,romptfy, Frito-Lay, after reasonable notice to Contractor, may restore. repair or replace
such products and/or Services end charge Contractor for all reasonable c:osts incl.lmld by Frito-Lay in doing so. I . 8.13.2 Conl1aclor further represents and warrants thati during the
term of this Agreement it shall (i) supply products and/or Services to Frito-Lay without ef'or Interruption. and (ii) use Its best efforts to ensure its own and Its supplier's original
and third pa software. hardware, Integrated circuits, data and other cOmponents are Year 2000 Compliant . 8.13.3 T1le fOregoing representations and warranties /'edarding Contractor's
Year 2000 compliance shall not be subject to any disclaimers or exclusions of.ljr.Jrranly or any limitation of Contractor's liability under this or a related agreement and shall survive
any warranty expiration period or termination ofthis or II related agreement l INDEMNIfiCATION Contractorwill release, defend, indemnify and hold F • y and others claiming through Frito-lay
harmless from all claims, damages, Dabllities, liens or ci3!ms of lien, fines, penalties, demands, ac:tions, judicial or admlniSlnilive proeeedings, settlements, losses and expenses
(Including reasonable legal fees, "tigation related expenses and Pt.jNlTIVE DAMAGES) arising out of or related to the performance of the Services andlor any breach of the warranties
set forth in this Agreement but only to the extent ceused In whole or In part by the af' or omissions of Contractor, any member of Contractor's Services Team, or anyone dlreclly or Indi
eclly employad by them or for whose acts tIley may be liable. , . i, Contraotor's obligation under this Sec:tlon 9 sllall not be Irnited In any way by any Ifmltation on the amount or
type of damages, compensation or benefits P<jyable by or for Contractor under worker's or workmen's compensation acts or any employee benefit acts. contractor agrees to obtain, maintain
and pay for such 􀁧􀁾􀁮􀁥􀁲􀁡􀁬􀀠llabUlty insurance as WU! insure the provisiOns of Paragraph 9.1 and other contractual Indem,IHes assumed by Contractor In thl$ 􀁁􀁧􀁲􀁥􀁥􀁭􀁥􀁮􀁾􀀠provided,
flowever, that Conl1actor'e 􀁯􀁰􀁬􀁡􀁩􀁮􀁩􀁾􀀠or failing to oblain such insurance or the adequacy of the limits C?f euch Insurance, 'shall not act as r' limit on Contractor's liability
hereunder. The provisions of this Section eshall survive the expiration or earlier termination of this Agreement and the completion or earlier terminaUon of Services herciunder. APPBOVALJACCepTANCE
AND TESTING I Frifo..lay's partial or full payment of any sums due for Services and any goods andlor materials Psge5 O:I-PROJECTlAlrpol! OpslC"'1 & ContradlCAl Contract 10-2&-03.doe

7 HOM STAUBACH {THU)12 18 􀀲􀀰􀀰􀁾􀀠8:40/ST. 8:S8/NO.5160082974 P •provided hereunder shall nv. ,.!OIlstitute acceptance of such Services, go......s or materials. Frlta.lay shllli have
final authority to In8pect lind tsst all 􀁓􀁥􀁲􀁶􀁫􀀺􀁾􀀠goods and materials and Frito-Lay may, within a reasonable time, accept gr reject any and all SOrvices, goods andlor materials
which are, in Frito-Lay's discretion, 􀁤􀁾􀁥􀁣􀁴􀁩􀁶􀁥􀀬􀀠non-conforming, 􀁡􀁮􀁤􀁬􀁯􀁾􀀠not in compliance with the terms of this Agreement or Schedule A Neither Frito-Lsy's inspectkin
or testing, nor its faBure to inspect or test the Services end any goods andlor materieJs provided l'ereunder Will waive its rights under Paragraph 10.2. 10.2 Upon Frito-lay's notice
and access for Contractor to tha premises andlor equipment or materials at ISsue, Contractor agrees to (I) _acute, at no additioJ\a1 cost to Frito-Lay. any Servioes which were nol performed
In compDance with this Agreement 􀁡􀁮􀁤􀁬􀁯􀁾Schedule A; (ii) n!!medy, at no additlonal cost to Frito-Lsy, any defects due to faulty materials or WOI'I<manship (inclUding, if applicable.
the·repair or replacement of aily materials, goods, or eqUipment supp.lIed as part of the Servloes), which appear within a period of one (1) year from \he time of 􀁆􀁲􀁩􀁴􀁯􀀭􀁌􀁥􀁹􀁾􀀠final
payment to Contractor ofali sums due for the services; and (UI) repair, replace or restore, at no addiUonal cost to frito-Lay, any other goods, equipment, materials, fixtures, equipment
orother ItemslWhich ere injured or damaged by Conlnilctor's noncomplianl or defective Servioes, matenals, goods or equipment If Contractor does . not begin to correct any deficiency
within a reasonable time from Frito-Lay's notice, Frito-Lay shall haVe the right to re-pertorm the Servioes with lis own lallor or by contract with others and to repair or replace any
defective or noncompliant goods, materials br equipment and to charge Contractor with ail reasonable expenses and costs relating thereto. Frm?-lay's rights under this Paragraph 10.2
are nonexclusive end are in addition to Frito-Lay's other rights In law and equity. 11. INSURANCE 􀁾􀀠. Throughout \he term of this Agreement, Contractor sball maintain, at lis sole
cost and expense. the following types of Insurance naming Frito-lay as eddllio f insured. which shall be primary Insurance and not excess over nor contributing with any other Insurance
procured and maintained by Frito-Lay, as follows: . I ' a. WOlter's Compensation: Statutory Limits forlhe state(s) In which Services will be performed. If ConIniIctor Is self-insured,
a copy of a current 􀁬􀁉􀁥􀁬􀁴􀀭􀀡􀁮􀁳􀁾􀀠certificate from the state(s) 11'1 Which the Servlce$ are to be performed must be provided prior to, the Services being performed. b. Employer's
UabP11y with limits of not less than $500,000 per occurrence. c. Commercial General LiabUity ('CGL"), and, If necessaJ. commercial umbrella insurance with timlls of not less than $3,000,000
combined single limit per cjcc::urn!!nce. If such Insurance contalns a general aggregate limit, it shall apply separately to the Servioes or project descn"bed in Schedule A. The CGL
insurance shall be written on en occurrence fOrm and shall cover liability arising from (1) premises; (2) products and comp/eted operations exteriding two years after the iinal completion
of the Services; (3) broad form property damage, incIudi09 completed operations; (4) personal injury; (5) Independent conltador's liability; (6) con!ractual lislillity covering this
Agreement as an "insured contract." I d. Business Auto Liability (including coverage for aft owne(l, hired and nOlH)Wned automobiles used in connection with the Servioes): $2.000,000.00
each acQIdent If Contractor Is to remove and haul hazardous or toxic materials as part ofthe 5erviCes or 􀁾the Servioes involve similar exposure to liabirlly under IIny federal, state
or local environmental ,ealth or safety law or regulation or under common lew, the policy shall provide pollution liability coverage. ' I e. Pollution Uabifily, if appllQable to the
Services, with 􀁬􀁩􀁭􀁾􀀠of at leest $2,000,000. Contractor shall obtain the Insurance pollcles required 􀁢􀁾this Section from a company licensed to do busIness In lIle state where the
project sits is located al the lime \he policies are issued. Such policies shall not be canceled or materially changed witht;lut thirty (30) days prior written notice from the insurer
to Frilo-Lay. PRIOR TO COMMI:NCING AN'f SERVICES, CONTRACTOR MUST OBTAIN THE REQUIRED MINIMUM INSURANCE AND PROVIDE CERTIFICATES OF INSURANCE TO FRITO-LAY IN A FORM ACCEPTABLE TO FRlTO-LAYWHICH
EVIDENCE THAT CONTRACTOR HAS PROCURED THE INSURANCE REQUIRED BY THIS SECTION. Fmc-Lay shall be under no duty to examine such certificates or to 8dvise Contractor If Its insurance is
not In PageS O;\-PROJECTIAlrpc!t Opa\CosI 8. C<>nltllCllCAl C<>ntra0l1 􀁾􀀳􀀮􀁤􀁣􀁣􀀠 
· FROM STAUBACH (THU) 12 18 2003 8:40/ST. 8:38/NO.5160082974 P 8 I compliance with this Agl'lil$h"ml. Gcntractor shall require all members Ot .Jonlraetors Services Team who are not Contnilctors
employee:; to comply with the r'rms of this Section. The insurance requirements set forth herein are minimal coverage requirements and are not to be construed in any way as a limitation
on Conlraotor's liability under this Agreement. 12. BONDS I Upon Frito-l.aY'e request at any time prior to or during tHe Services, Contractor will, within ten <10) days, fumlsh performance
and payment bonds to Frito-tlay in a form and in an amount acceplable to Fr1tO-I..ay. 13. TITLE AND RISK OF lOSS OR DAMAGE Contractor shall be rasponsible and bear the risk of 10$$ or
damage 0) for any goods, equipment or materials related to the Services until they are delivered at the designated delivery point, paid lor, and accepted by FrJto.;Lay, and <ii> for
the cost of all retums, neluding without limitation, freight, Insurance, 14. packaging, packaging, and labor as to rejected goods, equipment Of materials. TERM AND TERM1NADQJ:! .. 'I
14.1 Unless terminated in accordance with this section 14, the term ofthis Agreement shall commence as of the date of this Agreement and shall continue until the completion of the Services.
14.2. Ffito..LaY may 􀁪􀁭􀁭􀁥􀁤􀁬􀁡􀁴􀁥􀁾􀀠leI1'Iiinate this Agreement 􀁦􀁯􀁲􀁾􀁕􀁳􀁥􀀬􀀠including any or all of the Services specified OR Scl'!edUIe 1\ , In the event of any default
by 􀁾􀁯􀁮􀁴􀁴􀁡􀁣􀁬􀁯􀁲ofthe terms ofthis Agreement; provided however. that Ffito..Lay has provided wolten ncitlce of the defauH to Contractor and Contractor has failed to cure the default
within five (5) diYS of its receipt of . Frito-Lay's notice. 14.3 Frito-Lay may terminate this Agreement andfor require Conlrllctor to stop any or all of the Services immediately for
Frita-l.sy's convenience without Contrador being at fault. upon fifteen (15) calendar days' prior written notice. Unless otherwise agreed by Ih'e parties In WrlHng, In the event of such
termination. Frito-lay shan pay Contractor for all 􀁰􀁲􀁥􀀭􀁡􀁰􀁾􀁲􀁯􀁶􀁥􀁣􀁬􀀠costs ancl expenses incurred In connection with the Services performed up to the date 011 Contractors receipt
of the termination notice. Frito-Lay shall not pay Contrector for any ServiCliIi performed afier Col1tractor':s receipt of Frito-Lay's notice and shall not pay any other costs. expenses
or prospective profits on Services not pelformed. I 15. MBElWBE PARTICIPATION Frito-ley has a corporate commitmel1t and goa to providing maximum opportunities for qualified minority
and women's business enterprises 􀀨􀁍􀁾􀁅􀁬􀁗􀀸􀁅􀀩to participate in its work. Contractor will ensure thatquarlfied M8E1W8E's are considered an(j to the maximum extent possible inCluded
as subcontractol"$ andlor suppliers on any Services being bid on. . 16. FORCE MAJEURE I Neither party shall be responsible for delays or defaults 􀁵􀁾􀁤􀁥􀁲this Agreement If such a delay
or default is occasioned by war, strikes, lire, an act of God. labor or transportallon dllllcultles or other causes beyond either party's control. If such an occurrence or event delays
or threatens to deley the timely performance of this Agreement, each party shan promptlylcommunlcate relevant Information with respect thereto to the other party, The occurrence of a
fop' majeure event shall not prevent Frito-Lay from terminating this Agreement In accordance with the terrnlnatlon provision hereof. 17. GENERAl PROVISIONS 1 a. Entire Anree!Mnt and
Amendment This Agreement sets forth the fun Understending of e parties as of the date first above stated, aod It supersedes any and ad agreements and 􀁲􀁡􀁾􀁳􀁥􀁮􀁴􀁬􀁩􀁬􀁴􀁩􀁯􀁮􀁳􀀠between
the parties·made or dated prior to the date of this Agreement. This AgreSment may be amended only by written agreement of the parties. If signed by appropriate n\presentatlves of both
parties, all amendments will be binding on the parties, despite any lack of legal consideration. b. Notices I All noUces pertaining to this Agreement shall be In v.ifiting, and shall
be deemed to have been dUly given upon receipt if hand delivered and within ,hree (3) buSiness days after the postmark , ! Page? D:I-PROJllCMiI'port OpslCO$I & Contraet\OAl COnt....ct
10·2!Hl3.c!".; 
FROM STAUBACH (THU)12 18 􀀲􀀰􀀰􀁾􀀠 8:41/8T. 8:38/NO. 5160082974 P 9 date if mailed by certifi.....·or registered mail; postage prepaid, and it..ddressed 10 the party at the address
shown above. c. Assignment This Agreement llhall not be assignable by ellller 􀁾􀁲􀁴􀁹􀀠without the prior wriHen consent of the other party. When duly assigned in accordance with this
Paragraph, this Agreement shall be binding upon and shall inure 10 the benefit of the 􀁾􀁳􀁩􀁧􀁮􀁥􀁥􀀮􀀠 d. TIme of the Essence TIme is of the essence In the performance of Contractor's
Services hereunder. e. waiver Waiver by either party of the perfonnance of any conditlon or covenant of this Agreement shall not Invalidate this Agreement, nor shall it be 􀁤􀁦􀁩􀁥􀁭􀁾􀀠iii
waiver of any other covenant or --condition. No waiver of any cond/tlon or covenant shall be valid unless given in writln9 and executed by both parties. . f. Captions and In!e!11f!!mllon
I Tilet captions used herein are inserted only as a ma,tter of convenience and for reference and in no way define, limit, or describe lIIe scope of the intent of any Seelion or Paragraph
hereof. The provisions of this Agreement shall be construed as 10 their fair meaning, and not for or against either party based upon any al1ribullon to such party as 10 the source of
the language at issue. g. Governing taW THE LAWS OF THE STATE OF TEXAS SHALL GOVERN THIS AGREEMENT AND THE PARTIES AGREE TO THE JURISDICTION AND VENUE OF THE U.S. DISTRICT COURTS FOR
THE NORTHERN DISTRICT OF TEXAS, OAIJLAS DMSION OR THE TCXAS STATE COURTS LOCATED IN DAlLAS COUNTY, TEXAS. h. Severabilitv In case anyone or more of the provisions conmlned In this Agreement
shall for any. reason be held 10 be invalid, illegal, or unenfOrceable in any respect, such invalidity, illegality, or unenforceabHity shall not affect any other provision thereof, and
this Agreement shall be construed as If such Invalid. illegal, or unenforceable provision had never been conmined herein. i. Advertising or publicity Without FrIto-lay's prior writlen
consent. Contractor will not use Frito-lay's name In any adverli$ing or publicity releases. j. Offers of Emoloyment Contractor agrees that it will not make an offer of employment to
an employee of Frito-lsy ., i without giving Frito-Lay at least sixty (60) days' written notice of lis intention 10 make the offer of , employmant IN WITNESS WHEREOF, the parties bereln
have hereunto set their hands as of the effective date lind year set forth above. " ), (, • Pages D:I-PROJECTlAirport OpslCost & Contraet\CA1 Conlta<:t 10-28-03.do<:: 
.FROM S1AUBACH (THU)12 18 􀀲􀀰􀁑􀁾􀀠,8:41/S1. 8:38/NO. 5160082974 P 10 SCHEDULE A: THE SERVICES PUl'$uanl to the Agreement for services between Constructors.& Associates Inc rContractor")
and FritcH.ay, Inc, ("Frito-Lay"), dated July 28, 2003, and subject to that Agreement in all respects, this Schedule A, sets forth specffications. costs and other details of the Services,
project and/or worle to be performed by 􀀨􀀻􀁯􀁲􀁲􀁴􀁲􀁡􀁣􀁢􀁯􀁾􀀠 . Name, title anellor geneml nature of the Services, project andlor worle to be performed by Contractor: FLNA Corporate
Hangar A PROJECT SPECIFICATIONS AND SERVICES TO BE: PERFORMED rScope of Worle"); 1. Project Schedule! TimetablefCoinptelion Date: 134 Working Days from Start pfCOnstrue!ion to Completion,
AntiCipated Start Is QctoRec 10, with coiDpletion on April 1§, 2091. 2. Services to be provided by Contractor: Construe! new corporate hangar at Addison Airport. located on aimon parkwaY.
3. Specifications for all materials. equipment or goods to be supplied as part of the Services; See attached document lis! Attachment A3. B. CONTRACTOR'S SERVICES TEAM -The IndividualS
named below, including without limitation, Contraclol's employees. agents. independent contractors, and subcontractors, shan be responsible for the completion of the Services. project
and/or worle described in this Schedule: David Weatherford -Prgject Manager: Cal'$On Coleman -Pro[ect Superintendent .!, C. (;OST· (Total sums to be paid to Contractor for all services,
equipment, materialS and goods) AND PAyMENT SCHEDULE: See attscbed GMP summary Attachment A 1 dated 19a4103 E. INVOICE INSTRUCTIONS· (Address and contact for sendingldelivering Invoices
to Frlto-lay); Mon1bly Invoices to be submitted along with AlA PayIApplica!!Qn fpnns bV the 301ft of each month. 􀁾􀀠,Submit to: Oavldstack The $laubach Company ;.,.J 15601 Dallas Parkway,
Suite 400 Addison, TX 75001 ,• PageS O,"'PROJECnAlrpol! OpsIC••t & ContracllCAl Conttacll 0-28-03.@l 
FROM STAUBACH (THU) 12 18 􀀲􀀰􀀰􀁾􀀠 8:41/ST. 8:38/NO. 5160082974 P 11 , F.: ADDITIONAL DETAILS AND TERMS REGARDING THE SERVICES -(Including aU applicable performance criteria): This
Agreement shall be performed under a Guaranteed Maximum Price Contract as outlined in Attachment A2 G. FRITO-LAY'S PROJECT MANAGER FOR THE SERVICES: Lee Steele n01 Legacy Drive Plano,
TX 75024 The signing of Ihis Schedule by appropriate representatives of Frito-Lay and Contractor signifies acceptance by bolh parties of Ihe specifications. cost estimates, and olher
details of the Services, project anellor work contained in Ihls Schedule. ACCEPTED FOR FRITO-LAY, INC. ACCEPTED FOR Constructors & AssOCiates Inc TItle: 􀀢􀀢􀀢􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀀧􀁃􀀡􀀡􀀡􀀡􀁬􀀡􀀡􀀮􀀮􀀡􀀡
􀁩􀁬􀀺􀁾􀀬􀀢􀀢􀀬􀀬􀀧􀀧􀀭􀀧􀀧􀀧􀀧􀀧􀀭􀀧􀀧􀀧􀀧􀀧􀀧􀀭􀀧􀀭􀀽􀀽􀀠Date: 􀁲􀁾􀂷􀁏􀀧􀀠􀀮􀁾􀀠Pagel O:,.PROJECTlAirpon OpslCost& Con....ctlCAl Conlract lo.2S-03.doc 
· . FROM STAUBACH (THU)12 182003 8:41/ST. 8:38/NO. 5160082974 P 12 Attachment AI-GMp SumJD!!rv CONSTRUCTORS Project;. Frito Lay -Corporate Hangar' Address ; Addison Airport Addison,Tx
Architect; Corgan Associates BidDate: Square Footage: Proposal Number: November 10, 2003 20,032 2003-39708 GMP (excluding Owner's Contingency) Accepted "ltermltes Building Si!eworlc
AltelTll;lte #3 -Change lay-in ceiUng @conference f90m AltelTll;lte tt4 -Add chair rail in conference room Alternate #5 -Kynar finish on storefront Alternate #6 -Masonry blast wall along
Airport Pkwy Altemate #7 -Ceramic tile at Commisary Altemate #8 -Mag h::Icks with touch bar In lieu of eleGlric panios Alternate #9 -Provide brick & cmu veneer at blast wall Alternate
#10 -Fumish new mech units In lieu ofreloc.ate existing Altemate #11 -ProvidEi ceiling fans at hangar Alternate #1213 • Electric eye with receiver at hangar door Alternate #13 -Add 480V
outlets for power carts Altemate #14A -Provide conx for rental generator $1,753,855 $632,954 $359 $1,025 $615 $33,397 $794 ($2,665) $4,510 $42.056 $7,739 $1.518 $1.082 TBD $2.386,809
$90.432 TotalGMP $2.477.241 
. FROM STAUBACH (THU) 12 18 2003 . 8: 41 1ST. 8: S8/NO. 5160082974 P 13 Attachment A2 1. Guaranteed Maximum Prlc. The parties hereto agree that. when the Otawlngs lind Speollications
for the construction of the entire WOf!( ofthe Project, Including aU agreed-upon phases lI"d packages are sufficiently complete to permit the Contractor to fix the estimated Cost of
the entire WOf!( of the Project with some reasonable degree of reliability and predictabmty, the Conlraclor shall propose II maximum sum ofthe Cost of.the Work and the Contractor's Fee
that Conlraclor will guarantee not to exceed, subject to additions and deductions by Change Order as provided in the Contract Documents. Such maximum sum is referred to In the Contract
Documents as the Guatanteed Maximum Price or 'GMP". Once the GMP has been accepted by the Owner, any costs or expenses Which would cause the Guatanteed Maximum Price to be exceeded shall
be paid by the Contractor without reimbursement by the Owner. Notwlthstandlng any other provision; the GMP shalf be the sum of the following: a. the Contractor's Estimated Cost of the
Work (illS approved by the Owner) which consists of the sum of the guaranteed or fixed prices of the Work and the reesonable, good faith estimate of the cost of the balance of the Work;
b. Geneml Conditions of II fixed amount $115,507.00; c. a deductive amount for buy-out andlor savings Incurred for completed or partially completed Work included In duly executed Work
Authorization Amendments approVed prior to establishing the GMP; d. the Construction Contingency; Happliceble e. the Conlraclor's Fee; and f. Allowances as approved by the Owner. The
Guaranteed Maximum Price of the WOf!( shaH not contain a GePllrately identified contingefll;)' factor (the "Construction Contingency"). The Contractor and the Owner agree and acknOWledge
that the cost of certain portions of the Work may be incapable of exact determination at the time that the Guaranteed Maximum Price is establIShed and accepted by the Owner. The Contractor
and the Owner wiD establish reasonable estimates of these costs based upon availability of information for such portions ofthe Work. The esIimaIes are herein called' Allowances' and
wiU be Shown in the Guaranteed Maximum Price as •Allowances" and subject to Paragraph 3.8 of the General Conditions. The extent that the Drawings and Specifications are anflclpated to
require further development by the Arc:hiteel:, the Contractor has provided In the Guaranteed Maximum Price for such further development consistent With the Contract Documents and reasonably
inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or 􀁥􀁱􀁵􀁩􀁰􀁭􀁥􀁮􀁾􀀠all of which,
if required, llhall be Incorporated by Change Order. All savings In COS! of the Work under the GMP shall not be charged to the Owner. Any reduction in the Cost of Work found during the
review of Final Accounting for the PmJect shall be returned to th,e Owner or deducted from the final payment payment to the Contractor. 2. Costs to be Reimbursed 2.1 CO$t ofths Work
The term Cost ofthe Work shall mean reasonable (to the fullest extent of Contractor's control) costs necessarily Incurred by the Contractor in good faith and in the proper performsnce
of the Page 1 " , ,I, 
,FROM STAUBACH (THU)12 18 2003 8: 42/ST. 8:38/NO. 5160082974 P 14 Work In accordance with the Contract Documents. Such costs shall be at rates not higher than the standard paid at the
place of the Project except with prior written consent ofthe OWner. The Cost of the Work shalfinelude only the items set forth In this Article 7. 2.2 SUbcontractor Costs Payments made
by the Contrac:tor to Subcontractors In accordance with the requirements of the subcontracts propel1y entered Into under the Contract. 2.3 Costs of Materials and Equipment Incorporated
in the Completed Construction Costs, ineluding transporlation and storage, of materials and equipment incorporated or to be Incorporated In the completed construction. Costs of materials
described in the preceding Subparagraph 7.4.1 in excess of those actually Installed to allow for reasonable waste and spoilage. Unused excess materials. If any, shall be properly stored,
or in accordance with the Owner's direction become the owner's property at the completton of the Work or, at the Owner's option, shall be sold by the Contractor. Any amounts realized
from such sales shall be credIted to the Owner as a deduction from the Cost of the Work. 2..4 Costs of Other Materials and Equipment, Temporary Facilities and Related Items Costs, including
transportation, machinery. installation. 􀁤􀁩􀁳􀁭􀁡􀁮􀁾􀁩􀁲􀁬􀁧􀀮􀀠removal and maintenance, of all materlals, supplies. equipment, tempornry facllllies and hand tools (not owned by the
workmen) consumed In the perfomlance of the Work. M'Iltems used but not consumed. which are paid for by the Owner, shall become lhe property of lhe OWner and Shall be delivered to the
Owner upon completion of the Work In accordance with instructions furnished by the Owner. The contrac:tor may, however, agree to purchase any such Items from the Owner at a purchase
price equal to !he original cost to the Owner, Jess !he ree!uction in fair mamt value resullin9 directly from use of any such Item in connection with the Work or at such other price
which is mutually acceptable to the Owner and Contractor. Upon demand by the Owner, the Contractor shall fumish the Owner with any Infonnation and documentation necessary to verify the
period of time for whk:h such items are not used in connection with the Work. Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by construction
workers that are prolilded by the Contractor at the site. whether rented from the Cot!tractor or others, and costs of transportation, Installation. minor repairs and • replacements,
dismsnlfmg and removal thereof. Rates and quantities of equipment rented shall be subject to the Owner's prior approval. Costs of removal of debris from the sIte, subject to the limitations
impasse! on Contractor's Reimbursable Conditions CosI$. and only to the extent that such work IS not covered within the scopE! ofone or more subcontractors. Costs of document reprodudiOns.
facsimile transmissions and long-distance telephone calls, postage and pareel delivery charges, charges, telephone service at the site and reasonable petty cash expenses of the site
office, subject to the limitations Imposed on Contractor's Reimbursable Cone!itions Costs. That portion of the reasonable expenses of the Contractor's personnel Incurred while traveling
in disoharge of duties connected with the Work, subject to the IImltatiollS imposed on Cot!tractor's Reimbursable Conditlons Costs under Paragraph 7.8 below. Costs of materials and equipment
suitable stored off the site at a mutually acceptable location, if approved in advance by lhe Owner. Page 2 
· FROM STAUBACH (THU) 12 18 􀀲􀀰􀀰􀁾􀀠 8:42/ST. 8:38/NO. 5160082974 P 15 2.5 MIscellaneous Costs That portion of insuranCe and bond premiums at the lowest available snd authorized rates
for coverage required by the Contract, less all rebates, dividends or refunds of such premiums, that can be directly attributed to this Contract Sales, use or similar taxes imposed by
a govemmental authority that are related to the Work and for which the Contractor is liable, provided, however. that such sales or use taxes must be paid at point of sale or specifically
Identified and separately stated so that taxes are not incurred on labor or other matters not subject to sales and use. Fees and assessments for the building permit and for other permits,
licenses.and inspections for whIch the Contractor is required by the Contract Documents to pay. Fees of laboratories for tests required by the Contract Documents, except those related
to defective or nonconfonming Work for which reimbursement Is excluded by Subparagraph 13.5.3 13.5.3 of PdA Document A201-1997 or other provisions of the Contract Documents. Deposits
lost for causes due to Owner's negligence or failure to fulfill a specific responsibility to the Contractor as set forth in the Contract Documents. Expenses Incurred in accordance with
the Contractor's standard personnel policy for relocation and temporary living allowances of personnel-required for the Work,.lf approved by the Owner. 2.6 other Costs and Emergencies
Other costs incurred In the performance of the Work if and to the extent approved in advance in writing by the Owner. Costs due to emergencies incurred in taking action to prevent threatened
damage, injury or loss in case of an emergency affecting the safety of persons and property, as provided In Paragraph 10.6 ofAlA Document A201-1997 and not caused by the Contractor,
a Subcontractor or anyone for whom 􀁥􀁾􀁨􀁥􀁲􀀠is responsible, or that is capable of being prevented through timely notice of an unsafe condiVon to the OWner. 2.7 Contractor's Reimbursable
ConditIons Costs The Owner and Contractor have hereby agreed that those certain administrative and supervisory personnel costs, direct overhead, and other onw costs and expenses incurred
by Contractor in the performance of its administrative, supervisory, and management responsibilities under the Contract described or itemized in Contractor's Reimbursable Conditions
Costs Schedule attached hereto as Exhibit F, shall, notwithstanding the other tenms of this Article 7. be reimbursable to the Contractor subject to the limitations and restrfctions expressly
set forth in such Schedule. The GMP shall include $115,507.00 for General Conditions as accepted by the Owner, Contractor's right to reimbursement shall be limited to such an amount,
subject to provisions relating \0 changes in the work (see Article 6 above). Costs not to be Reimbunled The Cost of the Work shall not include: 1. Salaries and other compensation of
the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office, except as specifically provided herein. d:l-projectlairport opslcost
& contradlllmp contr. attaoh a2.doo Page 3 
FROM STAUBACH (THU)12 18 􀀲􀀰􀀰􀁾􀀠 8:42/ST. 8:38/NO.5160082974 P 16 2. Expenses ofthe Contractor's prlncipal9fjice and offices other than the sile office, to Include, but not limited
to, dats processing costs and in house pannerlng, project accounting, legal. and scheduling services. 3. Overhead and general expenses, except as may be expressly included herein. 4.
The Contractor's capital expenses, including interest on the Contractots Capital employed fOr the Work. 6. Rental costs of machinery and equipment, except as specifically provided herein.
6. Except as provided herein of this Agreement. costs due 10 the negligence or failure to compty with the Contract Documents or to fulfill a specific responsibility of the Contractor,
Subcontractors and supptiers or anyone directly or indirectly employed by any of them or fOr whose acts any of them may be liable. 7. Any cost not specifically and expressly described
herein including trade and professional associatlon dues, fees and assessments, even if the.amount th!lreof is based upon the amount of the compensation paid under the Contract to Contractor.
8. Costs, otl)er than costs Included In Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded. 9. Costs and expenses arising from Contractor's
indemnity obligations, including but not nmRed to Contractor's costs and expenses in remOving or defending against a mechanlc's Den claim asserted aga/nst the Owner and/or its proPerty,
unless such mechanic's lien ,arises from OWner's wrongful failure to make timely payments. 10. lvIycost or expenses fOr which payment has already been $OI.IQht by Contractor and paid
, by Owner, except as to any unreimbursed costs or expenses incurred by Contractor as a result of OWner's wrongful withholding of payment. In the event a claim or lien Is asserted by
a $ubaJntractor or any tier claiming through C9ntractor against Owner fOr an item of work for which payment has alraady been made to Contractor by Owner and, If Owner pays or has paid
all or a portion of such claim to claimant, such additional payment shall not be included in the Cost of the Work but shall reduce the Contract Sum accordingly. 11. Taxes, other than
sales or use taxes as authorized by this Agreement, incurred by Contractor, including but not limited to franchise. property. orIncome taxes. 12. Insurance deductibles and other costs,
Including co-paymenl$ and excess liability, not 'reimbursed by insurance, Including but not limited to deduclibles Incurred by Contractor tor losses covered under a COntractor Controlled
Insurance Plan Implemented pursuant to this Agreement 13. Penalties fOr the talluns of lIle Contractor or a subaJntractor or another party fOr whom Contractor is responsible under the
Contract to comply with applieable laws and regulations, unlass the penalties are the result of the COntractor's compliance with the Contract Documents. ' 14. Costs and expenses arising
from Contractors performance of the Work prior to the Owners acceptance of the GMP for the entire Work without prior written authorization. 15. Costs of record storage and retrieval
for documenl$ and records relating to the Contract. d:l-proJe<:l\airport ops\cost & conltacllgmp conlr ••tIaeh a2.doc 
_FROM STAUBACH (THU)12 18 􀀲􀀰􀀰􀁾􀀠 8:42/ST. 8:38/NO. 5160082974 P 17 16. Costs 10 repair defective Work and other costs to comply with Contractor's warranty obligations under the COntract
17. Notwithstanding the breakdown or categorization of any costs to be reimbursed in Article 2 above or elsewhere in the Contract Documents. there shall be no duplication of payment
if any particular item for which payment is requested can be characterized as falling Into more than one of the types of compensable or reimburllable categories. d:l-projectlairporl
opslcost & contractlgmp contr. attach a2.doc Page 5 
i I . FROM STAUBACH (THU)12 18 􀀲􀀰􀀰􀁾􀀠 8:42/ST. 8:38/NO. 5160082974 P 18 Attachment A3 Cover Pa!le &Index Civil/Landscape : C1.1 Demolition Plan C2.1 Dimensional Control Plan C3.1
Grading Plan Drainage PlanC4.1 CS.1 Water & Senitarv SeWer Palling Plan & Details :C6.1 Erosion Control Plan & Details . Structural C7.1 51.01 General Notes 82.01 􀁆􀁯􀁵􀁮􀁱􀁾􀀮􀀹􀁮􀁾􀁟􀁾􀁲􀁯􀁵􀁮􀁤􀀠
Floor Plan ! TVIIioal concrete Secllons &Details S3.02 53.01 Concrete Sections &Details I Masonry & Steel Details54.01 .Architectural A1.01 Site Plan i A1.02 Site Details A2.01 Floor
Plans &Door Schedule Roof Plan􀁾􀁾􀁾􀀠..• .-. .A2.i0 Enlaraed Plan & Wall Tvoes A2.i1 Enlarued Reslmom Plans & Details :. AMi Reflected Ceilina Plans M.Oi Exterior Elevations I M.10
Building Sections i AS.01 Exterior wall Sections AS.02 Exterior Wall Sections AS.10 Plan Details AS.20 Section Delails AS.21 Section Details AMi Stairs & Details ... A7.01 Finish Plan
AS.01 Fumiture Plan A9.01 Schematic Electrioal Plan : A9.02 Schematic security Plan . I A10.01 Schematic Mechanical &Plumbing Plan