TEXAS GENERAL LAND OFFICE Stephen F. Austin Building 1700 North Congress Avenue Austin, Texas 78701-1495
PROJECT MANUAL FOR
NORTH BEACH NOURISHMENT CORPUS CHRISTI, TEXAS CEPRA Project No. 1569
HDR Engineering, Inc. Texas Firm Registration No. 754 555 N. Carancahua, Suite 1600 Corpus Christi, Texas 78401 HDR Project No. 226288
TABLE OF CONTENTS
ITEM
No. of Pages
DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS Request for Proposals (includes HSP and HUB forms)......................................................................................... 73 Contractor’s Qualifications Form .............................................................................................................................. 4 Contractor’s Proposal Form ....................................................................................................................................... 3 Non-Collusion Affidavit ............................................................................................................................................ 1 Performance Bond ...................................................................................................................................................... 1 Payment Bond............................................................................................................................................................. 1 Certificate of Insurance .............................................................................................................................................. 1 Uniform General & Supplementary Conditions ..................................................................................................... 60 Special Conditions........................................................................................................................... (See Division 01) Prevailing Wage Rates – Heavy & Highway ........................................................................................................... 7 Wage Rate Complaint Information Requirements ................................................................................................... 1 Pre-Construction Conference Agenda....................................................................................................................... 1 Transmittal Letter................................................................................................................................................. 1 State of Texas Purchase Voucher for Construction & Schedule of Values ......................................................... 2 Construction Payment Affidavit .......................................................................................................................... 1 Time Change Order Form .................................................................................................................................... 1 Vendor Direct Deposit Authorization .................................................................................................................. 2 Submittal Cover Sheet ......................................................................................................................................... 1 Change Order Form A, B, C, D ........................................................................................................................... 4 Final Payment Checklist ...................................................................................................................................... 1 Consent of Surety to Final Payment .................................................................................................................... 1 DIVISION 01 GENERAL REQUIREMENTS Section 01000 – Special Conditions.......................................................................................................................... 6 Section 01010 – Summary of Work .......................................................................................................................... 3 Section 01100 – Permits ............................................................................................................................................ 1 Section 01165 – Storm Water Pollution Prevention Plan .......................................................................................... 4 Section 01166 – Environmental Protection Measures ............................................................................................. 3 Section 01250 – Measurement and Basis of Payment ............................................................................................. 2 DIVISION 02 SITEWORK Section 02000 – Construction Surveying ................................................................................................................. 5 Section 02224 – Beach Nourishment ......................................................................................................................... 5
Tables of Contents Page 1 of 2
DRAWINGS LIST 00 – GENERAL 00G-00 00G-01
Cover Sheet and Index General Notes, Legends and Symbols
01 – CIVIL 01C-01 02C-01 03C-01 03C-02 03C-03 03C-04 04C-01 04C-02 04C-03 04C-04 04C-05 05C-01
Key Map Existing Site Plan Project Layout Enlarged Plan – Nourishment Area Enlarged Plan – Borrow Area Site Access and Traffic Control Cross Sections I Cross Sections II Cross Sections III Cross Sections IV Cross Sections V Typical Sections
APPENDICES
No. of Pages
Appendix A - U.S. Army Corps of Engineers Permit ............................................................................................ 14 Appendix B - TPDES General Permit No. TXR 150000 ........................................................................................ 29
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DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS
REQUEST FOR PROPOSALS & HSP
TEXAS GENERAL LAND OFFICE is
REQUESTING PROPOSALS for
Coastal Construction Services for Beach Maintenance Nourishment along
North Beach, Corpus Christi, Nueces County, Texas (CEPRA Project No. 1569) Release Date: November 5, 2015 Deadline for Submission: December 4, 2015 @ 3:00 P.M. Central Time
REQUEST FOR PROPOSALS NO. X0008281-DF A copy of this Solicitation may be obtained by either of the following methods: 1.
Retrieve this document from Electronic State Business Daily at: http://esbd.cpa.state.tx.us/. YOU ARE RESPONSIBLE FOR CHECKING THE WEBSITE FOR ANY AMENDMENTS OR ADDENDA. PLEASE SEARCH UNDER AGENCY CODE 305 (TEXAS GENERAL LAND OFFICE). THE RESPONDENT’S FAILURE TO PERIODICALLY CHECK THE ELECTRONIC STATE BUSINESS DAILY (ESBD) WILL IN NO WAY RELEASE THE SELECTED VENDOR FROM ADDENDA OR ADDITIONAL INFORMATION RESULTING IN ADDITIONAL REQUIREMENTS OF THE RFP.
2.
E-mail us at
[email protected] and request that a copy of the Solicitation be forwarded to you. Please include your company name, address, contact name, phone number, and fax number. We will automatically send you any amendments or changes to the Solicitation.
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TABLE OF CONTENTS ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY .................. 1 1.1.
Executive Summary ......................................................................................................... 1
1.2.
Definitions ........................................................................................................................ 1
1.3.
Authority .......................................................................................................................... 2
ARTICLE II. SCOPE OF WORK ............................................................................................. 3 2.1.
Scope of Services Requested............................................................................................ 3
2.2.
Description of Services and Special Conditions .............................................................. 3
2.2.1
Provisions of Labor, Materials, and Time ................................................................ 3
2.2.2
OSHA Compliance ................................................................................................... 3
2.2.3
Permits and Fees ....................................................................................................... 3
2.2.4
Site Visit/Inspection .................................................................................................. 4
2.2.5
Wildlife Protection ................................................................................................... 4
2.2.6
Minimum Reporting Requirements ......................................................................... 4
2.3.
Uniform General Conditions & Contract Documents ...................................................... 4
2.4.
Contract and Term ............................................................................................................ 5
2.5.
Liquidated Damages ......................................................................................................... 5
ARTICLE III. ADMINISTRATIVE INFORMATION ........................................................... 6 3.1.
Schedule of Events ........................................................................................................... 6
3.2.
Inquiries ............................................................................................................................ 7
3.2.1
Contact ...................................................................................................................... 7
3.2.2
Clarifications ............................................................................................................. 7
3.2.3
Responses .................................................................................................................. 7
3.2.4
Prohibited Communications...................................................................................... 8
3.2.5
Pre-Proposal Conference .......................................................................................... 8
3.3.
Solicitation Response Composition ................................................................................. 8
3.3.1
Generally ................................................................................................................... 8
3.3.2
Submission in Two Distinct Parts ............................................................................. 9
3.3.3
Discrepancies ............................................................................................................ 9
3.3.4
Solicitation Response Format ................................................................................... 9
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3.3.5
Page Limit and Supporting Documentation.............................................................. 9
3.3.6
Narrative/Technical Proposal.................................................................................... 9
3.4.
Solicitation Response Submission and Delivery............................................................ 10
3.4.1
Deadline .................................................................................................................. 10
3.4.2
Labeling .................................................................................................................. 10
3.4.3
Delivery................................................................................................................... 10
3.4.4
Alterations, Modifications, and Withdrawals ......................................................... 11
ARTICLE IV. SOLICITATION RESPONSE EVALUATION AND AWARD PROCESS 12 4.1.
Evaluation Criteria ......................................................................................................... 12
4.1.1
Conformance with State Law.................................................................................. 12
4.1.2
Minimum Qualifications ......................................................................................... 12
4.1.3
Selection Criteria .................................................................................................... 12
4.2.
Short List ........................................................................................................................ 13
4.3.
Oral Presentation ............................................................................................................ 13
4.4.
Contract Award .............................................................................................................. 13
4.5.
Best and Final Offer (BAFO) ......................................................................................... 14
ARTICLE V. REQUIRED RESPONDENT INFORMATION .............................................. 15 5.1.
Respondent Information ................................................................................................. 15
5.1.1
Company Narrative ................................................................................................. 15
5.1.2
Company Profile ..................................................................................................... 15
5.1.3
Key Staffing Profile ................................................................................................ 16
5.2.
References ...................................................................................................................... 16
5.3.
Major Subcontractor Information................................................................................... 16
5.4.
Litigation History ........................................................................................................... 16
5.5.
Historically Underutilized Business (HUB) ................................................................... 17
5.6.
HUB Mentor Protégé Program ....................................................................................... 17
5.7.
Conflicts ......................................................................................................................... 18
5.8.
Dun and Bradstreet Report ............................................................................................. 18
5.9.
Annual Report ................................................................................................................ 18
5.10. Safety Information.......................................................................................................... 18 5.11. Quality Control Program ................................................................................................ 19 ____________________________________________________________________________________________________________________ Texas General Land Office
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5.12. Cost Control Program..................................................................................................... 19 5.13. Non-Collusion Affidavit ................................................................................................ 19 5.14. Bid Bond ........................................................................................................................ 19 5.15. Performance And Payment Bonds ................................................................................. 20 5.15.1
Performance Bond .................................................................................................. 20
5.15.2
Payment Bond ......................................................................................................... 20
ARTICLE VI. COST PROPOSAL .......................................................................................... 21 6.1.
Cost Proposal.................................................................................................................. 21
ARTICLE VII. TERMS, CONDITIONS AND EXCEPTIONS............................................. 22 7.1.
General Conditions......................................................................................................... 22
7.1.1
Amendment ............................................................................................................. 22
7.1.2
Informalities ............................................................................................................ 22
7.1.3
Rejection ................................................................................................................. 22
7.1.4
Irregularities ............................................................................................................ 22
7.1.5
Offer Period ............................................................................................................ 22
7.1.6
Open Records .......................................................................................................... 22
7.1.7
Contract Responsibility........................................................................................... 23
7.1.8
Public Disclosure .................................................................................................... 23
7.2.
Insurance ........................................................................................................................ 23
7.2.1
Required Coverages ................................................................................................ 23
7.2.2
Alternative Insurability ........................................................................................... 23
7.3.
Protest ............................................................................................................................. 24
7.4.
Exceptions ...................................................................................................................... 24
ARTICLE VIII. SUBMISSION CHECKLIST ........................................................................ 25 EXHIBIT A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE ......................... A-1 EXHIBIT B: SAMPLE CONTRACT .................................................................................... B-1 EXHIBIT C: HUB SUBCONTRACTING PLAN ................................................................. C-1
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ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY
1.1.
EXECUTIVE SUMMARY The Texas General Land Office (GLO) is requesting proposals for coastal construction services consisting of transportation and placement of Contractor-furnished sand from an upland borrow source in addition to owner-furnished sand excavated from an on-site beach borrow area as beach maintenance nourishment in Nueces County, Texas (Project). The Project site is located along 3,200 feet of shoreline along the southern section of North Beach within the City of Corpus Christi. The Project consists of placing and grading beach-quality sand within a specified template to construct the beach to address ongoing erosion. The selected Respondent must provide all labor and materials in addition to owner-furnished materials, tools, equipment, plant, supplies, supervision, incidentals and services necessary or required to fully complete the work as fully described in the construction Contract Documents. Respondents must execute Exhibit A, Affirmations and Solicitation Acceptance, of this Solicitation and complete other items listed on the submission checklist to be considered. Additional information on the GLO and its programs can be found at http://www.glo.texas.gov.
1.2.
DEFINITIONS “Addendum” means a written clarification or revision to the Request for Proposals issued by the General Land Office. “A/E” means the GLO’S Architect/Engineer, HDR, Inc. “Affiliate” means any individual or entity that, directly or indirectly, is in control of, is controlled by, or is under common control with, Respondent. Respondent shall be deemed to control another entity if either possesses, directly or indirectly, the power to direct or cause the direction of the management and policies of the other entity, whether through the ownership of voting securities, membership interests, by contract, or otherwise. “CEPRA” or the “Act” means the Coastal Erosion Planning and Response Act, Texas Natural Resources Code Sections 33.601-.613. “Contract Documents” means all documents which govern this Solicitation and any resulting contract including without limitation, the Project Manual, this Solicitation, the A/E’s specifications and drawings, the Uniform General & Supplementary Conditions (revision date February 4, 2014), and all bonds and insurance.
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“CPF” means the Contractor’s Proposal Form. “CQF” means the Contractor’s Qualification Form. “GLO” means the General Land Office. “HUB” means Historically Underutilized Business as defined by Chapter 2161 of the Texas Government Code. “Notice to Proceed” or “NTP” means written notice provided by the GLO to begin construction of the Project. “OSHA” means the U.S. Occupational Safety and Health Administration. “Project” means the Beach Maintenance Nourishment along North Beach, Corpus Christi, Nueces County, Texas, CEPRA Project No. 1569. “Project Manager” means Joelynn Barclay with the Texas General Land Office. “Project Manual” means the project manual developed by the GLO’s A/E that contains among other items the bidding documents and technical Specifications sections. “Provider” means the Respondent(s) awarded a contract under this Solicitation. “Respondent” means the entity responding to this Solicitation. “RFP” means Request for Proposals. “Solicitation” means this RFP. “Solicitation Response” means the Respondent’s entire response to this Solicitation, including all documents requested in Sections III and V. “State” means the State of Texas and any state agency; the GLO or other state agency identified in this Solicitation, its officers, employees, or authorized agents. “Uniform General Conditions” means the governing contractual terms and conditions as amended in the Project Manual. 1.3.
AUTHORITY The GLO is soliciting the services listed herein under Chapters 2155-2157 and 2166 of the Texas Government Code and Chapter 33 of the Texas Natural Resources Code.
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ARTICLE II. SCOPE OF WORK
2.1.
SCOPE OF SERVICES REQUESTED The scope of work for this Project includes, but is not limited to, the construction of approximately 3,200 feet of beach maintenance nourishment for erosion protection. Materials will consist of Contractor-furnished sand from an upland borrow source in addition to owner-furnished sand excavated from an on-site beach borrow area adjacent to the beach nourishment placement site. Work includes mobilization/demobilization; excavation; loading; hauling to and grading within the specified beach template; furnishing and placement of beach-quality sand within the specified beach template; multiple bathymetric and topographic surveys for measurement, payment substantiation, and work acceptance purposes; aerial photography; and all other subsidiary work. A full description of the Project including detailed drawings, technical specifications, and other Contract Documents may be found in the Project Manual as prepared by the A/E. The anticipated base construction cost of the Project is estimated to be between One Million Five Hundred Thousand Dollars ($1,500,000) and Two Million Five Hundred Thousand Dollars ($2,500,000). The selected Respondent shall be bound to specific terms and conditions found in Exhibit B, the GLO’s sample contract.
2.2.
DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS 2.2.1
Provisions of Labor, Materials, and Time Responses must incorporate the cost of all labor, materials, tools, supplies, transportation, equipment, and personnel necessary to perform the services requested in this Solicitation. All travel and associated expenses, including all incidental costs, shall be the responsibility of Respondent.
2.2.2
OSHA Compliance In its response to this Solicitation, Respondent must affirm that it shall observe the rules and regulations governing Occupational Safety and Health Standards (“OSHA”) as published by the OSHA, Department of Labor, for all operations and all work that may be performed as requested in this Solicitation.
2.2.3
Permits and Fees Responses must provide for the application for and securing of all permits that will not be acquired by the GLO, and inspection and license fees required for the Project.
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2.2.4 Site Visit/Inspection Respondent shall be responsible for having full and complete knowledge of the conditions of the Project site. Therefore, before submitting a proposal, Respondent shall visit the site and assess the work to be performed. Respondent shall secure any additional information from the GLO, if necessary, that may be required for a clear and full understanding of the work to be performed. 2.2.5
Wildlife Protection Special work procedures are required to address wildlife protection. These procedures are discussed fully in the Contract Documents and must be adhered to strictly in the performance of the Project.
2.2.6
Minimum Reporting Requirements Provider will submit a recommended Milestone/Work Progress Schedule for agreement between the GLO and the Provider. Provider’s failure to meet any milestone may subject the Provider to liquidated damages. Provider shall conduct progress meetings every two (2) weeks, or at a frequency determined by the Owner, A/E, Contractor, and project partners. Provider shall submit minutes within three (3) days of the meeting. A final report will be submitted to the Project Manager within 30 days of completion of the project.
2.3.
UNIFORM GENERAL CONDITIONS & CONTRACT DOCUMENTS Any contract resulting from this RFP shall be governed by the GLO’s Uniform General Conditions (revision date February 4, 2014), as included in the Project Manual. The GLO will post the Contract Documents electronically on the Electronic State Business Daily (“ESBD”) for the convenience of the respondents only. Contract Documents are available for review only at the GLO office, 1700 North Congress Ave., Suite 710 Construction Services, Austin, Texas 78701. Respondents may also purchase printed copies of the Contract Documents directly from the A/E at the address below at one hundred dollars ($100.00) per set (11” x 17”) and one hundred fifty dollars ($150.00) per set (full-size). Full-size plans will be made available to the Selected Respondent. Purchased documents are the property of the Respondent(s) and are not returnable or refundable. HDR, Inc. Attn: Cameron Perry, P.E. 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78401 Phone: 361.696.3352
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2.4.
CONTRACT AND TERM The Provider is authorized to mobilize on site immediately upon receipt of a Notice to Proceed (“NTP”) from the GLO. The anticipated date of issuance for the NTP is January 22, 2016 and construction must be substantially completed within the time period proposed by Contractor on the Contractor’s Proposal Form. Respondents shall take this into consideration while preparing their proposals.
2.5.
LIQUIDATED DAMAGES Should the Provider fail to complete the work within the contracted period, including all officially approved extensions thereto, the GLO has estimated the actual cost of not completing this work to be at One Thousand Dollars ($1,000.00) PER DAY. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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ARTICLE III. ADMINISTRATIVE INFORMATION
3.1.
SCHEDULE OF EVENTS
EVENT
DATE/TIME November 5, 2015
Issue Solicitation Pre-Proposal Conference (non-mandatory) Corpus Christi City Hall 1201 Leopard St. Corpus Christi, TX 78401 Deadline for Submitting Questions
November 18, 2015 @ 1:30 PM Central Time
Oral Presentations (if required)
November 20, 2015 @ 5:00 PM Central Time December 4, 2015 at 3:00 PM Central Time December 7, 2015 at 5:00 PM Central Time December 7, 2015 to December 16, 2015 As Needed
Best and Final Offers
December 18, 2015
Selection and Award Notice
December 21, 2015
Contract Negotiation Period Deadline for Bonds and Insurance
December 21, 2015 to January 15, 2016 January 20, 2016
Pre-Construction Conference
January 21, 2016
Notice to Proceed
January 22, 2016
Substantial Completion
TBD
Deadline for Submission of Solicitation Responses Deadline for Submission of HUB Subcontracting Plan Evaluation Period
NOTE:
These dates represent a tentative schedule of events. The GLO reserves the right to modify these dates at any time upon notice posted on the Electronic State Business Daily (ESBD) website at: http://esbd.cpa.state.tx.us/ Please search under Agency Code 305.
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3.2.
INQUIRIES 3.2.1 Contact All requests, questions, or other communications about this Solicitation shall be made in writing to the GLO’s Purchasing Department, addressed to the person listed below. Name Title Address City, State, Zip Phone Fax Email
Debby French, CTPM Purchaser 1700 N. Congress Ave. Austin, Texas 78701 800.998.4456 512.463.1795
[email protected]
The only exception to the single point of contact is the HUB Coordinator. Should Respondents have questions regarding proper completion of the HUB Subcontracting Plan form, please contact Mindy Sue Cohen, HUB Coordinator at
[email protected]. 3.2.2 Clarifications The GLO will allow written requests for clarification of this Solicitation. Questions may be faxed or e-mailed to the point-of-contact listed in section 3.2.1 above. Respondents’ names shall be removed from questions in the responses released. Questions shall be submitted in the following format. Submissions that deviate from this format may not be accepted: Identifying Solicitation number Section number Paragraph number Page number Text of passage being questioned Question NOTE: The deadline for submitting questions is noted in Section 3.1 above. Please provide company name, address, phone number; fax number, e-mail address, and name of contact person when submitting questions. 3.2.3 Responses All accepted questions will result in written responses with copies posted to the ESBD at: http://esbd.cpa.state.tx.us/. If Respondent does not have Internet access, copies may be obtained through the point-of-contact listed in Section 3.2.1 above. ____________________________________________________________________________________________________________________ Texas General Land Office
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It is Respondent’s responsibility to check the ESBD or contact the point-ofcontact for updated responses. 3.2.4 Prohibited Communications On issuance of this Solicitation, except for the written inquires described in Section 3.2.1 above, the GLO, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify the Respondent. Respondent shall rely only on written statements issued through or by the GLO’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this Solicitation. 3.2.5 Pre-Proposal Conference The GLO will conduct an optional pre-proposal conference on November 18, 2015 at 1:30 PM Central Time at the Corpus Christi City Hall, 1201 Leopard Street, Corpus Christi, TX 78401. The pre-proposal conference is non-mandatory, and all Respondents are invited to attend. 3.3.
SOLICITATION RESPONSE COMPOSITION 3.3.1 Generally Respondent(s) shall complete and submit one (1) original Contractor’s Proposal Form (“CPF”), included in the Project Manual. Respondent(s) must also submit an original Proposal marked “ORIGINAL”, four (4) copies, and one electronic copy submitted to
[email protected]. The Original, copies and electronic submission shall include the documents requested in the last article of this Solicitation, the Submission Checklist. Failure to meet this condition may result in disqualification of the offer, and Respondent(s) shall receive no further consideration. Respondent(s) will be assumed to have studied the plans and specifications, visited the proposed work site, and understood all existing conditions and measurements. Respondent(s) shall also include in its CPF a bid amount sufficient to cover all work, including, but not limited to, all permits and fees. Expensive bindings, colored displays, promotional materials, etc., are not necessary or desired. Respondent(s) should focus on the instructions and requirements of the CPF. Respondent is responsible for all costs related to the preparation of their CPF.
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3.3.2 Submission in Two Distinct Parts Solicitation Responses shall be submitted in two (2) distinct parts - the narrative proposal and the cost proposal. THE NARRATIVE PROPOSAL MUST NOT INCLUDE COST AND PRICING INFORMATION. Further, while the narrative and cost proposals may be shipped together (i.e., in the same box/envelope), they must be bound or packaged separately, whether “ORIGINAL” or copy. 3.3.3 Discrepancies If discrepancies are found among copies of the Solicitation Response, the “ORIGINAL” will be the basis for resolving any discrepancies. If Respondent fails to designate an “ORIGINAL,” the GLO may reject the Solicitation Response. However, the GLO in its sole discretion may select a copy to be used as the original. 3.3.4 Solicitation Response Format For ease of evaluation, the Solicitation Response shall be presented in a format that corresponds to, and references sections outlined within, this Solicitation and shall be presented in the same order. Responses to each section and subsection shall be labeled clearly to indicate the item being addressed. Exceptions to this will be considered during the evaluation process. 3.3.5 Page Limit and Supporting Documentation Solicitation Responses should not exceed 40 pages in length, not including appendices or attachments, and should be formatted as follows: 8 ½” x 11” paper, 12-point font size, and single-sided. If complete responses cannot be provided without referencing supporting documentation, such documentation must be provided with the Solicitation Response, with specific references made to the tab, page, section, and/or paragraph where the supporting information can be found. 3.3.6 Narrative/Technical Proposal Respondent must describe clearly, specifically, and as completely as possible, its proposed methodology for achieving the objectives and requirements of this Solicitation. Respondent should identify all tasks to be performed to be responsive to Article II, Scope of Work, including project activities, materials, and other products, services, and reports to be generated during the contract period and relate them to the stated purposes and specifications described in this Solicitation. Respondent(s) must also complete the Contractor’s Qualification Form (CQF) provided in the Project Manual.
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3.4.
SOLICITATION RESPONSE SUBMISSION AND DELIVERY 3.4.1 Deadline Solicitation Responses must be received at the address in Section 3.4.3 and time-stamped no later than as specified in Section 3.1. Respondents may submit their Solicitation Responses any time prior to that deadline.
NOTE:
A US Postal Service (USPS) postmark or round validation stamp; a mail receipt with the date of mailing stamped by the USPS; a dated shipping label, invoice, or receipt from a commercial carrier; or any other documentation in lieu of the on-site time stamp WILL NOT be accepted. 3.4.2 Labeling Solicitation Responses shall be placed in a sealed envelope or box and clearly labeled as follows: REQUEST FOR PROPOSALS NO: X0008281-DF SUBMISSION DEADLINE:
December 4, 2015
FOR:
Coastal Construction Services for Beach Nourishment along Corpus Christi North Beach
The GLO will not be held responsible for Solicitation Response envelopes mishandled as a result of being improperly prepared. It is Respondent’s responsibility to mark appropriately and deliver the Solicitation Response to the GLO by the specified date and time. 3.4.3 Delivery Respondent must deliver Solicitation Responses by one of the methods below. Facsimile or telephone Proposals will NOT be considered. U.S. Postal Service Texas General Land Office P.O. Box 12873 Austin, Texas 78711-2873
Overnight/Express Mail Texas General Land Office 1700 North Congress Ave. Stephen F. Austin Bldg., Room B-25 Austin, Texas 78701 512-463-5309 Attn: Debby French
Hand Delivery Texas General Land Office 1700 North Congress Ave. Stephen F. Austin Bldg., Room B-25 Austin, Texas 78701
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3.4.4 Alterations, Modifications, and Withdrawals Solicitation Responses may be modified, altered, or withdrawn by facsimile or written notice, provided such notice is received prior to the opening of the Solicitation Response. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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ARTICLE IV. SOLICITATION RESPONSE EVALUATION AND AWARD PROCESS
4.1.
EVALUATION CRITERIA 4.1.1 Conformance with State Law Solicitation Responses shall be evaluated in accordance with Chapters 2155-2157 of the Texas Government Code. The GLO shall not be obligated to accept the lowest priced proposal, but shall make an award to the Respondent that provides the “Best Value” to the State of Texas. 4.1.2 Minimum Qualifications Respondents must meet the minimum qualifications listed below. Furthermore, Solicitation Responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential contract may be rejected. 4.1.2.1
Respondents must have recently been in General Construction business for a minimum of five (5) years, or the principals/owners must have had recent ownership/executive management experience in a previous company that provided General Construction services for a minimum of five (5) years;
4.1.2.2
Respondents shall have demonstrated experience in meeting completion dates and construction schedules;
4.1.2.3
Respondents shall have demonstrated experience in excavation, hauling and fill, noting projects completed in the last three (3) years; and
4.1.2.4
Respondents capitalized.
must
be
financially solvent
and
adequately
4.1.3 Selection Criteria Solicitation Responses shall be consistently evaluated and scored in accordance with the following criteria: 4.1.3.1
Cost (40%);
4.1.3.2
Experience and Qualifications including those of subcontractors who perform 15% or more of work (45%);
4.1.3.3
References (5%);
major
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4.1.3.4
Safety Record, Quality Control Program and Cost Controls (5%);
4.1.3.5
Overall responsiveness, clarity, and organization of Solicitation Response (5%). The GLO will also review the Texas Comptroller of Public Accounts Vendor Performance Tracking System to verify vendor performance on other State contracts. The GLO will also review internally generated vendor performance reports for vendors that have recently done work for the GLO. The evaluation committee may utilize this information to: • • •
NOTE:
4.2.
Identify vendors that have exceptional performance. Aid purchasers in making a best value determination based on vendor past performance. Protect the state from vendors with unethical business practices.
In order to clarify any response, the Solicitation evaluation committee may contact references provided in response to this Solicitation, contact Respondent’s clients, or solicit information from any available source concerning any aspect of the Solicitation deemed pertinent to the evaluation process. SHORT LIST The GLO expects to make an initial evaluation of the Solicitation Responses to develop a short list of finalists. However, the GLO is not obligated to develop this list. If a list is developed, all Respondents will be notified in writing whether or not they are finalists.
4.3.
ORAL PRESENTATION The GLO may require an oral presentation from any or all Respondents. Respondents will be provided with advance notice of any such oral presentation and are responsible for their own presentation equipment. Failure to participate in the requested presentation may eliminate a Respondent from further consideration. The GLO is not responsible for any costs incurred by the Respondent in preparation for the oral presentation.
4.4.
CONTRACT AWARD It is the intent of the GLO to award one contract under this Solicitation. An award notice will be sent to the selected Respondent. Any award is contingent upon the successful negotiation of final contract terms and upon approval of the Chief Clerk of the GLO. Negotiations shall be confidential and not subject to disclosure to competing Respondents
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unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the GLO, upon written notice to all Respondents, may negotiate a contract with the next highest scoring Respondent or may withdraw this Solicitation. NOTE: Solicitation Responses are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and will be withheld from or released to the public only in accordance therewith. 4.5.
BEST AND FINAL OFFER (BAFO) Clarification discussions, at the GLO’s sole option, may be conducted with Respondents who submit Solicitation Responses determined to be acceptable and competitive. Respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of the Solicitation Responses. Such revisions may be permitted after submissions and prior to awards for the purpose of obtaining BAFOs. In conducting discussions, there shall be no disclosure by the GLO of any information derived from the Solicitation Responses submitted by competing Respondents. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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ARTICLE V. REQUIRED RESPONDENT INFORMATION
5.1.
RESPONDENT INFORMATION Respondent must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified products or services on time. Along with the Solicitation Response requested in Article III, Respondent must provide the following information: 5.1.1
Company Narrative Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Article II, focusing on its company’s key strengths and competitive advantages.
5.1.2
Company Profile Provide a company profile to include: (a)
The company ownership structure (corporation, partnership, LLC, or sole proprietorship), including any wholly-owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information in a narrative and as a graphical representation.) If Respondent is an Affiliate of, or has a joint venture or strategic alliance with, another company, please identify the percentage of ownership and the percentage of the parent’s ownership. Finally, please provide your proposed operating structure for the services requested under this Solicitation and which entities (i.e. parent company, Affiliate, Joint Venture, subcontractor) will be performing them;
(b)
The year the company was founded and/or incorporated. If incorporated, please indicate the state where the company is incorporated and the date of incorporation;
(c)
The location of your company headquarters and any field office(s) that may provide services for any resulting contract under this Solicitation, including subcontractors;
(d)
The number of employees in your company, both locally and nationally, and the location(s) from which employees may be assigned;
(e)
The name, title, mailing address, e-mail address, telephone number, and fax number of Respondent’s point of contact for any resulting contract under this Solicitation; and
(f)
Indicate whether your company has ever been engaged under a contract by any Texas state agency. If “Yes,” specify when, for what duties, and for which agency.
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NOTE:
If Respondent is an out-of-state company, a Certificate of Authority from the Secretary of State to do business in Texas must be provided before contract award. 5.1.3
Key Staffing Profile Respondent must provide a key staffing profile and resumes for staff that will be responsible for the performance of the services requested under this Solicitation.
5.2.
REFERENCES Respondent shall provide a minimum of three (3) non-GLO references for similar projects performed, preferably for state and/or local government entities, within the last three (3) years. Respondent must verify current contacts. Information provided shall include: • • • • •
NOTE:
5.3.
Client name; Project description; Total dollar amount of project; Key staff assigned to the referenced project that will be designated for work under this Solicitation; and Client project manager name, telephone number, fax number, and e-mail address. The GLO checks references by e-mail. Respondents who do not provide accurate e-mail addresses waive the right to have those references considered in the evaluation of their Solicitation Response.
MAJOR SUBCONTRACTOR INFORMATION In addition to the requirements of Article II, Respondent must identify any major subcontractors whom Respondent intends to utilize in performing fifteen percent (15%) or more of the Project. Respondent must indicate whether or not Respondent holds any financial interest in any major subcontractor. It may be required as a condition of award that an authorized officer or agent of each proposed major subcontractor sign a statement to the effect that the subcontractor has read, and will agree to abide by, Respondent’s obligations under any contract awarded pursuant to this Solicitation.
5.4.
LITIGATION HISTORY Respondent must include in its Solicitation Response a complete disclosure of any alleged or significant contractual failures. In addition, Respondent must disclose any civil or criminal litigation or investigation pending over the last three (3) years that involves
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Respondent or in which Respondent has been judged guilty or liable. Failure to comply with the terms of this provision may disqualify any Respondent. Solicitation Response may be rejected based upon Respondent’s prior history with the State of Texas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations. 5.5.
HISTORICALLY UNDERUTILIZED BUSINESS (HUB) In accordance with state law, it is the GLO’s policy to assist HUBs, whether minority or women-owned, whenever possible, to participate in providing goods or services to the GLO. The GLO encourages Respondents with whom it contracts to adhere to the same philosophy when selecting subcontractors. If a contract or work order resulting from this Solicitation will exceed $100,000.00, to be considered responsive to this Solicitation, Respondents must submit a HUB Subcontracting Plan (HSP) as attached in Exhibit C. The Comptroller hosts a website that gives more information on HSPs. This site may be accessed through the following web address: http://www.cpa.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/. As a courtesy, the GLO has provided a list from the state’s Centralized Master Bidders List (CMBL) of potential HUB subcontractors, which may be able to assist a Respondent in fulfilling its good faith efforts as required by law. In addition to the list provided by the GLO, Respondents may access the CMBL for additional HUB firms that may be able to provide services to the Respondent. The CMBL may be accessed through the following web site: https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp Should Respondents have questions regarding proper completion of the HUB Subcontracting Plan form, please contact Mindy Sue Cohen, HUB Coordinator at
[email protected].
5.6.
HUB MENTOR PROTÉGÉ PROGRAM Respondents are encouraged to partner with certified HUBs that participate in the Comptroller’s Mentor Protégé Program. For more information on the program, and how it can assist your firm in meeting good faith effort goals, please visit: http://www.window.state.tx.us/procurement/prog/hub/mentorprotege/
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5.7.
CONFLICTS Respondent must disclose any potential conflict of interest it may have in providing the services described in this Solicitation, including all existing or prior arrangements. Please include any activities of affiliated or parent organizations and individuals who may be assigned to manage this account.
5.8.
DUN AND BRADSTREET REPORT Respondents with a Dun and Bradstreet number must include a Comprehensive Insight Plus Report, Business Information Report or Credit eValuator Report with their Solicitation Response.
5.9.
ANNUAL REPORT Respondent shall submit an annual report, which must include: •
Last two (2) years of audited financial statements;
•
If applicable, last two (2) years of consolidated statements for any holding companies or affiliates;
•
An un-audited financial statement of the most recent quarter of operation; and
•
A full disclosure of any events, liabilities, or contingent liabilities that could affect Respondent’s financial ability to perform this contract.
If Respondent is unable to provide the annual report specified above, Respondent may, at the discretion of the GLO, provide the following annual report: •
Last two (2) years of un-audited financial statements;
•
An un-audited financial statement of the most recent quarter of operation; and
•
A full disclosure of any events, liabilities, or contingent liabilities that could affect Respondent’s financial ability to perform this contract.
5.10. SAFETY INFORMATION Respondent shall provide its workers’ compensation experience modification rate (EMR) for the last five (5) years. Respondents should submit this information on their insurance carrier’s signed letterhead. Also, please submit the name and job title of the person in your organization who manages your safety program, and a description of that program. ____________________________________________________________________________________________________________________ Texas General Land Office
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A copy of your safety manual may also be required. The safety manual will become past of the Contract, if your Solicitation Response is selected. 5.11. QUALITY CONTROL PROGRAM Respondent must provide the name and job title of the person responsible for the Respondent’s quality control program, as well as a description of the firm’s quality control program. A copy of your quality control manual may be required. The quality control manual will become part of the Contract, if your Solicitation Response is selected. 5.12. COST CONTROL PROGRAM Respondent is encouraged to suggest any possible cost reduction items to be taken into consideration prior to awarding a contract under this Solicitation. Respondent should include possible cost reduction items in their Narrative/Technical Proposal. Respondents should provide a full description of the alternative work and the estimated cost savings. In addition, Respondents should detail the necessity of any additional drawings, specifications, or revisions to the construction sequencing and schedule that may be needed as a result of the implementation of the cost saving measures. 5.13. NON-COLLUSION AFFIDAVIT The price and amount of any Solicitation Response must have been arrived at independently and without consultation, communication, agreement, or disclosure with or to any other contractor, Respondent, or prospective Respondent. Complimentary proposals are illegal and prohibited. No attempt may be made at any time to induce any firm or person to refrain from submitting a proposal or to submit any intentionally high or noncompetitive proposal. All proposals must be made in good faith and without collusion. Respondent must complete, sign, and notarize the Non-Collusion Affidavit contained in the Project Manual, which will become part of the Narrative/Technical Proposal. 5.14. BID BOND Respondent’s Solicitation Response shall be accompanied by a bid security in the form of a bid bond, certified and/or cashier’s check (on a solvent bank in the State of Texas) drawn to the order of the Texas General Land Office, in the sum of not less than five percent (5%) of the total amount of the bid. No other form of security will be accepted. Should the contractor fail, neglect, or refuse to begin performance of the contract within ten (10) days after receiving the award, said security will be forfeited to the GLO. ____________________________________________________________________________________________________________________ Texas General Land Office
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Performance shall be considered begun upon acknowledgement of the contract award and the furnishing of all required bonds and insurance coverage. The bid security furnished by the successful Respondent will be returned when a Notice to Proceed is issued. Bid security furnished by unsuccessful Respondents will be returned when the contract award is made by the GLO. 5.15. PERFORMANCE AND PAYMENT BONDS Provider may be required to tender to the GLO, prior to commencing any work, performance and payment bonds, as required by Chapter 2253, Texas Government Code. 5.15.1 Performance Bond A performance bond is required if the Contract Price is in excess of ONE HUNDRED THOUSAND DOLLARS ($100,000.00), for the amount of the contract. 5.15.2 Payment Bond A Payment Bond is required if the Contract Price is in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00), for the amount of the contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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ARTICLE VI. COST PROPOSAL 6.1.
COST PROPOSAL As noted above, cost information must not be included with Respondent’s technical proposal. Respondent must submit a cost proposal for the services listed in Article II, Scope of Work. The cost proposal provided is for the products and/or services as specified in this Solicitation and shall include all labor, materials, tools, supplies, equipment, and personnel, including, but not limited to, travel expenses, associated costs and incidental costs necessary to provide the products and services according to the minimum specifications, requirements, provisions, terms, and conditions set forth in this RFP. Respondent(s) must complete the CPF, which is included in the Project Manual, including any alternative proposals and return it with the other documents required of this Solicitation. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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ARTICLE VII. TERMS, CONDITIONS AND EXCEPTIONS
7.1.
GENERAL CONDITIONS 7.1.1
Amendment The GLO reserves the right to alter, amend, or modify any provision of this Solicitation, or to withdraw this Solicitation, at any time prior to the award, if it is in the best interest of the GLO.
7.1.2
Informalities The GLO reserves the right to waive minor informalities and irregularities in any Solicitation Response received.
7.1.3
Rejection The GLO reserves the right to reject any or all Solicitation Responses received prior to contract award.
7.1.4
Irregularities Any irregularities or lack of clarity in this Solicitation should be brought to the attention of the point-of-contact listed in Section 3.2.1 as soon as possible, so that corrective addenda may be furnished to prospective Respondents.
7.1.5
Offer Period Solicitation Responses shall be binding for a period of one hundred twenty (120) days after they are opened. Respondents may extend the time for which their Solicitation Response will be honored. Upon contract execution, prices agreed upon by the Respondent(s) are an irrevocable offer for the term of the contract and any contract extension(s). No other costs, rates, or fees shall be payable to the Respondent unless expressly agreed upon in writing by the GLO.
7.1.6
Open Records The original copy of each Solicitation Response shall be retained in the official files of the agency as a public record. Solicitation Responses and all other documents associated with this Solicitation will be withheld or released upon written request only in accordance with the PIA of the Texas Government Code. To the extent that a Respondent wishes to prevent the disclosure of portions of its Solicitation Response to the public, Respondent shall be responsible for demonstrating the applicability of any exception to disclosure provided under the PIA in accordance with the procedures prescribed by the PIA. Respondent may
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clearly label individual documents “confidential” or “trade secret” to demonstrate that it believes certain information is excepted from disclosure may be legally withheld from the public. Respondent thereby agrees to indemnify and defend the GLO for honoring such a designation. The failure of Respondent to clearly label such documents shall constitute a complete waiver of any and all claims for damages caused by the GLO’s release of these records. 7.1.7
Contract Responsibility The GLO will look solely to Respondent for the performance of all contractual obligations that may result from an award based on this Solicitation. Respondent shall not be relieved of its obligations for any nonperformance by its subcontractors.
7.1.8
Public Disclosure Pursuant to Texas Gov’t Code Chapter 2261, Respondent understands that if selected to be a provider as a vendor, any contract, which shall include Respondent’s response to the solicitation and/or proposal(s) submitted prior to this contract award, shall be posted to the GLO’s website. Respondent will not advertise that it is doing business with the GLO or use a contract resulting from this Solicitation as a marketing or sales tool without prior written consent of the GLO. Furthermore, Respondent may not distribute or disclose this Solicitation to any other vendors or companies without permission from the GLO.
7.2.
INSURANCE 7.2.1
Required Coverages For the duration of any contract resulting from this Solicitation, Respondent shall acquire insurance, bonds, or both, with financially sound and reputable independent insurers, in the type and amount specified in Uniform General Conditions, and Special Conditions if applicable, and customarily carried within the industry. Work on any contract shall not begin until after Respondent has submitted acceptable evidence of insurance. Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of contract.
7.2.2
Alternative Insurability Notwithstanding the preceding, the GLO reserves the right to consider reasonable alternative methods of insuring the contract in lieu of the insurance policies customarily required. It will be Respondent’s responsibility to recommend to the GLO alternative methods of insuring the contract. Any
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alternatives proposed by Respondent should be accompanied by a detailed explanation regarding Respondent’s inability to obtain the required insurance and/or bonds. The GLO shall be the sole and final judge as to the adequacy of any substitute form of insurance coverage. 7.3.
PROTEST Any Respondent unsuccessful or aggrieved in connection with this Solicitation may file a protest in accordance with Title 31, Section 3.50 of the Texas Administrative Code.
7.4.
EXCEPTIONS Execution of Exhibit A of this Solicitation shall constitute an agreement to all terms and conditions specified in this Solicitation, including, but not limited to, Exhibit A and all terms and conditions therein, except such terms and conditions as Respondent expressly excludes. Exceptions will be taken into consideration as part of the evaluation process. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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ARTICLE VIII. SUBMISSION CHECKLIST This checklist is provided for Respondent’s convenience only and identifies documents that must be submitted with this Solicitation in order to be considered responsive. Any Solicitation Responses received without these requisite documents may be deemed nonresponsive and may not be considered for contract award. A COMPLETE SOLICITATION PACKAGE SHALL INCLUDE: 1. The “Original” Solicitation Response 2. Four (4) copies 3. One (1) electronic copy sent to
[email protected] PART 1 OF SOLICITATION RESPONSE: 1. The Narrative/Technical Proposal
(Section 3.3.6)
___
2. Contractor’s Qualifications Form
(Project Manual)
___
3. Exhibit A, General Affirmations (signed with exceptions noted)
___
4. Primary Respondent Information
(Section 5.1)
___
5. References
(Section 5.2)
___
6. Major Subcontractor Information (if applicable)
(Section 5.3)
___
7. Litigation History
(Section 5.4)
___
8. Other Documents • Exhibit C, HUB Subcontracting Plan • Dun & Bradstreet Report • Annual Report • Safety Information • Quality Control Program • Cost Control Program • Non-Collusion Affidavit
(Section 5.5) (Section 5.8) (Section 5.9) (Section 5.10) (Section 5.11) (Section 5.12) (Section 5.13)
___ ___ ___ ___ ___ ___ ___
PART 2 OF SOLICITATION RESPONSE (COST PROPOSAL): 1. Cost Proposal (One original fully completed and signed)
(Project Manual)
___
2. Bid Bond
(Section 5.14)
___
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EXHIBIT A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE
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Exhibit A General Affirmations and Solicitation Acceptance Page 1 of 3
GENERAL AFFIRMATIONS AND SOLICITATION ACCEPTANCE Execution of this Exhibit A, shall constitute an agreement to all terms and conditions specified in the Solicitation, including, without limitation, Exhibit A and all terms and conditions therein, except such terms and conditions that the Respondent expressly excludes. Respondent agrees without exception to the following general affirmations: 1.
All statements and information prepared and submitted in the response to this Solicitation are current, complete, and accurate.
2.
The Respondent has not given, offered to give, nor intends to give at anytime hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Solicitation Response.
3.
Pursuant to Texas Government Code, Title 10, Subtitle D, Section 2155.004(a), the Respondent has not received compensation from the GLO for preparing any part of the Solicitation.
4.
Pursuant to Title 5, Section 231.006(d) of the Texas Family Code, if applicable, the Respondent certifies that the individual or business entity named in this Solicitation Response is current on his or her child support payments and is, therefore, eligible to receive payments from state funds under a contract for property, materials, or services. Further, Respondent acknowledges that any resulting contract from this Solicitation may be terminated and payment may be withheld if this certification is inaccurate. Any Respondent subject to this Section must include names and Social Security numbers of each person with at least 25% ownership in the business entity named in this Solicitation Response. This information must be provided prior to execution of any offer.
5.
Respondent certifies by signing this Attachment that (a) the entity responding to this Solicitation; (b) its principals; (c) its subcontractors; and (d) any personnel designated to perform services related to the work herein described are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal Department or Agency. This certification is made pursuant to the regulations implementing Executive Order 12549, Debarment and Suspension, 28 C.F.R. pt. 67, § 67.510, as published as Pt. VII of the May 26,1988, Federal Register (pp. 19160-19211), and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Respondents’ subcontracts if payment in whole or in part is from federal funds.
6.
In addition, Respondent certifies it is in compliance with all State of Texas statutes and rules relating to procurement; and that the participants named in items 5(a) through 5(d) above are not listed on the federal government's terrorism watch list described in Executive Order 13224. Entities ineligible for federal procurement are listed at https://www.sam.gov/portal/public/SAM/, which Respondent may review in making this certification. Respondent acknowledges that any contract resulting from this Solicitation may be terminated and payment withheld if this certification is inaccurate. This provision shall be included in its entirety in Respondent's subcontracts if payment in whole or in part is from federal funds.
7.
Respondent agrees that any payments due under any resulting contract from this Solicitation will be applied towards any debt, including, but not limited to, delinquent taxes and child support that is owed to the State of Texas.
8.
Respondent certifies that they are in compliance with Texas Government Code, Title 6, Subtitle B, Section 669.003, relating to contracting with the executive head of a state agency. If this Section applies, Respondent will complete the following information in order for the bid to be evaluated: Name of Former Executive: Name of State Agency: Date of Separation from State Agency: Position with Respondent: Date of Employment with Respondent:
9.
Respondent agrees to comply with Texas Government Code, Title 10, Subtitle D, Section 2155.4441, relating to the purchase of products produced in the State of Texas under service contracts.
10.
Respondent agrees to maintain all documents and other related records relating to the State’s property and any contract resulting from this Solicitation for a period of four (4) years after the date of the submission of final invoices or until a resolution of billing questions, whichever is later. Respondent acknowledges that the State has a
Exhibit A General Affirmations and Solicitation Acceptance Page 2 of 3
right of access to information in Respondent’s possession relating to State property and agrees to make such information reasonably available upon request of the State. 11.
Respondent understands that acceptance of funds under any resulting contract from this Solicitation acts as acceptance of the authority of the State Auditor’s Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Respondent further agrees to cooperate fully with the State Auditor’s Office, or its successor, in conducting the audit or investigation, including providing all records requested. Respondent will ensure that this clause is included in any subcontract it awards.
12.
Respondent certifies that if it employs any former employee of the GLO, such employee will perform no work in connection with any resulting contract from this Solicitation during the twelve- (12) month period immediately following the employee’s last date of employment at the GLO.
13.
The Respondent shall not discriminate against any employee or applicant for employment because of race, disability, color, religion, sex, age, or national origin. The Respondent shall take affirmative action to ensure that applicants are employed and that employees are treated without regard to their race, disability, color, sex, religion, age, or national origin. Such action shall include, but is not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Respondent agrees to post notices, which set forth the provisions of this non-discrimination article, in conspicuous places available to employees or applicants for employment. The Respondent shall include the above provisions in all subcontracts pertaining to the work.
14.
Pursuant to 15 U.S.C. Sec. 1, et seq. and Tex. Bus. & Comm. Code Sec.15.01, et seq., the Respondent; the firm, corporation, partnership, or institution represented by the Respondent; or anyone acting for such a firm, corporation, or institution has not violated any federal or state antitrust laws or communicated the nature of the offer, directly or indirectly, to any competitor or other person engaged in a similar line of business.
15.
By signing this Solicitation Response, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a “Texas Bidder” as defined in Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter C, §20.32 (68).
16.
Respondent understands that the GLO does not tolerate any type of fraud. The agency’s policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Respondents are expected to report any possible fraudulent or dishonest acts, waste, or abuse to the agency's Internal Audit Director at 512.463.6078 or
[email protected].
17.
Respondent certifies that it will comply with the federal Immigration Reform and Control Act of 1986, the Immigration Act of 1990, and the Immigration Act of 1996 regarding employment, employment verification, and retention of verification forms of individuals who will prospectively perform work described in this proposal.
18.
Under Section 2155.006(b) of the Texas Government Code, a state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the bid or award, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005. Under Section 2155.006 of the Texas Government Code, the Respondent certifies that the individual or business entity named in this Solicitation is not ineligible to receive the specified contract and acknowledges that any contract resulting from this Solicitation may be terminated and payment withheld if this certification is inaccurate.
19.
The Respondent represents that payment to the Respondent and the Respondent’s receipt of appropriated or other funds under any contract resulting from this Solicitation are not prohibited by Section 556.005 or Section 556.008 of the Texas Government Code.
Check below if preference claimed under Title 34 TAC § 20.38
Exhibit A General Affirmations and Solicitation Acceptance Page 3 of 3
Supplies, materials, equipment, or services produced in Texas/offered by Texas bidders or TX bidder that is owned by a service-disabled veteran. Agricultural products produced/grown in Texas. Agricultural products and services offered by Texas bidders. Texas vegetation native to the region for landscaping purposes. USA produced supplies, materials, or equipment. Products or persons with mental or physical disabilities Products made of recycled, remanufactured, or environmentally sensitive materials, including recycled steel. Energy efficient products Rubberized asphalt paving material Recycled motor oil and lubricants Products produced at facilities located on formerly contaminated property. Products and services from economically depressed or blighted areas. Vendors that meet or exceed air quality standards Recycled or Reused Computer Equipment of other Manufacturers Foods of Higher Nutritional Value NOTE:
Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the "Public Information Act").
I have read, understand, and agree to comply with the terms and conditions specified in this Solicitation Response. Checking “YES” indicates acceptance, while checking “NO” denotes non-acceptance and should be detailed below. Any exceptions MUST be documented. YES
SOLICITATION SECTION NUMBER
NO EXCEPTION SUMMARY FORM (Attach Additional Sheets if Necessary) EXCEPTION (PROVIDE A DETAILED EXPLANATION) SOLICITATION PAGE NUMBER
RESPECTFULLY SUBMITTED: Authorized Signature: Printed Name and Title: Telephone: Respondent’s Tax I.D. No.: If Respondent is a Corporation or other legal entity, attach a corporate resolution or other appropriate official documentation, which states that the person signing this Solicitation Response is an authorized person that can legally bind the corporation or entity.
EXHIBIT B: SAMPLE CONTRACT
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MAJOR CONSTRUCTION CONTRACT GLO CONTRACT NO. 16-***-***-**** THE GENERAL LAND OFFICE (“the GLO”) and *** (“Contractor”), each a “Party” and collectively “the Parties,” enter into the following contract for major construction services (“Contract”) pursuant to the TEX GOV’T CODE Chapter ****. I. PROJECT DESCRIPTION AND CONTRACT DOCUMENTS 1.01
PROJECT DESCRIPTION In strict conformance with GLO Request for Proposals No. **** (the “RFP”) and the terms and conditions of this Contract, Contractor hereby agrees with the GLO to commence and complete certain public works described as: “xxx”, for the use and benefit of the GLO, more particularly described in the Construction Documents as prepared by *** (the “Project”).
1.02
CONTRACT DOCUMENTS The GLO and Contractor hereby agree that this document and the following Attachments, collectively referred to as the “Contract Documents,” shall govern this Project. Attachments too voluminous to attach to this Contract are incorporated herein by reference in their entirety for all purposes, as if physically attached; maintained by the Construction Section of the GLO’s Program Management Division; and a copy has been provided to Contractor. ATTACHMENT A:
ATTACHMENT B:
ATTACHMENT C: ATTACHMENT E: ATTACHMENT F:
PROJECT MANUAL, INCLUDING GLO RFP NO. ****, AND ANY ADDENDA (INCORPORATED BY REFERENCE, AS IF PHYSICALLY ATTACHED) CONTRACTOR’S FULL RESPONSE TO THE RFP AND ANY ADDENDA (INCORPORATED BY REFERENCE, AS IF PHYSICALLY ATTACHED) FEDERAL ASSURANCES AND CERTIFICATIONS ATTACHMENT D: GENERAL AFFIRMATIONS REQUIRED PERFORMANCE AND PAYMENT BONDS CERTIFICATE(S) OF INSURANCE II. TERM AND LIQUIDATED DAMAGES
2.01
CONTRACT TIME AND NOTICE TO PROCEED Contractor shall achieve “Substantial Completion” (as defined in the Contract Documents) within **** calendar days (“Contract Time”), commencing on the date specified in the GLO’s written Notice to Proceed (“NTP”). If Contractor fails to achieve Substantial Completion within the Contract Time, Contractor will GLO Contract No. **-***-***-**** Page 1 of ***
be subject to Liquidated Damages as discussed in SECTION 2.02 below. The NTP may be delivered to Contractor by regular mail, electronic mail, or facsimile transmission, with a copy to the GLO Legal Services Division. No work may begin and no charges may be incurred prior to the date on the GLO Project Manager’s written NTP. Any work performed prior to the date on the NTP shall be at Contractor’s sole risk. 2.02
LIQUIDATED DAMAGES If Contractor fails to complete the work within the Contract Time as discussed in SECTION 2.01, liquidated damages of *** DOLLARS ($****.00) per day shall apply. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
GLO Contract No. **-***-***-**** Page 2 of ***
III. CONSIDERATION 3.01
COMPENSATION TO CONTRACTOR The consideration to be paid by the GLO to Contractor for furnishing all the materials, supplies, machinery, equipment, tools, labor, superintendence, insurance, and other accessories, fees, and services necessary to complete the Project in accordance with the Contract Documents is the sum of *** DOLLARS ($**,***.**). This sum is based upon Contractor’s Solicitation Response, which includes a Base Bid of *** DOLLARS ($**,***.**), plus the addition of Alternate Additive(s) No. *** in the amount of *** DOLLARS ($**,***.**); and No. *** in the amount of *** DOLLARS ($**,***.**); as selected by the GLO. Travel included in the Scope of Services must adhere to the rates established by the Comptroller of the State of Texas, as outlined in the State of Texas travel guidelines, TexTravel. Subject to the maximum Contract amount authorized herein, upon specific, prior, written approval by the GLO, lodging, travel, and other incidental direct1 expenses may be reimbursed under this Contract for professional or technical personnel who are (a) away from the cities in which they are permanently assigned; (b) conducting business specifically authorized by the GLO; and (c) performing services not originally contemplated in the Scope of Services. The limit for such reimbursements shall be the rates established by the Comptroller of the State of Texas, as outlined in the State of Texas travel guidelines, TexTravel. If a rate within the limits set forth in TexTravel is not available, Contractor shall use its best efforts to obtain the lowest available room rate. Contractor shall obtain prior approval from the Project Manager using the GLO Travel Office approved form. Requests for payment must: (a) be submitted to
[email protected]; with a copy to the GLO Project Manager at ****@glo.texas.gov; and (b) be supported by documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred; and (c) prominently display "GLO Contract No. ***." Failure to submit requests for payment as instructed may significantly delay payment under the Contract. Payments to Contractor are subject to the Prompt Pay Act.
1
Certain other incidental direct expenses, including, but not limited to, copying, telephone, data, and express mail services may be reimbursed upon specific approval by the GLO, at rates determined by the GLO. GLO Contract No. **-***-***-**** Page 3 of ***
3.02
RETAINAGE Pursuant to the Uniform General Conditions in the Project Manual in Attachment A, incorporated herein in its entirety by reference for all purposes, the GLO will withhold ten percent (10%) of each request for payment to ensure performance under this Contract. The retained amount will be held by the GLO in an interest bearing account in accordance with Gov’t Code 2252.032 until the Project is complete and accepted by the GLO, in its sole discretion. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
GLO Contract No. **-***-***-**** Page 4 of ***
IV. RECORDS, AUDIT, RETENTION, AND DISCLOSURE 4.01
BOOKS AND RECORDS Contractor shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the GLO, the State of Texas Auditor’s Office, the United States Government, and/or their authorized representatives sufficient information to determine compliance with the terms and conditions of this Contract and all state rules, regulations, and statutes.
4.02
INSPECTION AND AUDIT Pursuant to Texas Gov’t Code Chapter 2262, Contractor agrees that all relevant records related to this Contract, including the records of its Subcontractors, shall be subject to the Administrative and Audit Regulations. Contractor understands that acceptance of funds under this Contract, directly or indirectly as a subcontractor, acts as acceptance of the authority of the State of Texas Auditor’s Office to conduct an audit or investigation in connection with those funds. Accordingly, such records shall be subject at any time to inspection, investigation, examination, audit, and copying at any location where such records may be found, with or without notice from the GLO or other government entity with necessary legal authority. Contractor agrees to cooperate fully with any state entity in the conduct of inspection, investigation, examination, audit, and copying, including providing all relevant records and information requested. CONTRACTOR SHALL ENSURE THAT ALL SUBCONTRACTS AWARDED REFLECT THE REQUIREMENTS OF THIS SECTION 4.02, AND THE REQUIREMENT TO COOPERATE.
4.03
PERIOD OF RETENTION All records relevant to this Contract shall be retained for a minimum of seven (7) years. The period of retention begins at the last date of payment by the GLO for the goods or services or from the date of termination of the Contract, whichever is later. The period of retention shall be extended for a period reasonably necessary to complete an audit and/or to complete any administrative proceeding or litigation that may ensue.
4.04
CONFIDENTIALITY To the extent permitted by law, Contractor and the GLO agree to keep all information confidential, in whatever form produced, prepared, observed, or received by Contractor or the GLO to the extent that such information is: (a) confidential by law; (b) marked or designated “confidential” (or words to that effect) by Contractor or the GLO; or (c) information that Contractor or the GLO is otherwise required to keep confidential by this Contract. Furthermore, Contractor will not advertise that it is doing business with the GLO, use this Contract as a marketing or sales tool, or make any press releases concerning Work under this Contract without the prior written consent of the GLO.
GLO Contract No. **-***-***-**** Page 5 of ***
4.05
PUBLIC RECORDS Pursuant to Texas Gov’t Code Chapter 2261, Provider agrees this Contract, including Provider's response to the solicitation and/or proposal(s) submitted prior to this contract award, shall be posted to the GLO’s website. Additional information related to the performance of this Contract may be subject to the Public Information Act (“PIA”) and will be withheld from public disclosure or released only in accordance therewith. Provider shall make any information required under the PIA available to the GLO in portable document file (“.pdf”) format or any other format agreed between the Parties. Failure of Provider to mark as “confidential” or a “trade secret” any information that it believes to be excepted from disclosure waives any and all claims Provider may make against the GLO for releasing such information without prior notice to Provider. Provider shall notify GLO’s General Counsel within twenty-four (24) hours of receipt of any third party written requests for information, and forward a copy of said written requests to
[email protected]. If request was not written, Provider shall forward the third party's contact information to the above-designated e-mail address. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
GLO Contract No. **-***-***-**** Page 6 of ***
V. MISCELLANEOUS PROVISIONS 5.01
LEGAL OBLIGATIONS Contractor shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Contractor to provide the goods or services required by this Contract. Contractor will be responsible for payment of all taxes, assessments, fees, premiums, permits, and licenses required by law. Contractor agrees to be responsible for payment of any such government obligations not paid by its subcontractors during performance of this Contract.
5.02
COMPLIANCE WITH OTHER LAWS Contractor shall make itself familiar, and at all times shall observe and comply, with all federal, state, and local laws, ordinances, and regulations that in any manner affect performance under this Contract, including Title 10, Chapter 2253 of the Texas Government Code relating to Payment Bonds and Performance Bonds. Contractor further certifies that the Federal Assurances and Certifications attached hereto as Attachment C; and the General Affirmations, attached hereto as Attachment D; have been reviewed, and that Contractor is in compliance with each of the requirements reflected therein. SIGNATURE PAGE FOLLOWS
GLO Contract No. **-***-***-**** Page 7 of ***
SIGNATURE PAGE FOR GLO CONTRACT NO. 16-***-***-**** TEXAS GENERAL LAND OFFICE
***
Anne L. Idsal, Chief Clerk
Name: Title:
Date of execution: _______________
Date of execution:_______________
_________LS__________ CS DIV ______________ CS DEPDIR___________ CS DIR ______________ DIV _________________ DEPDIR _____________ AGC _______________ GC _________________
ATTACHMENTS TO THIS CONTRACT: ATTACHMENT A:
ATTACHMENT B:
ATTACHMENT C: ATTACHMENT D: ATTACHMENT E: ATTACHMENT F:
PROJECT MANUAL, INCLUDING GLO RFP NO. ****, AND ANY ADDENDA (INCORPORATED BY REFERENCE, AS IF PHYSICALLY ATTACHED) CONTRACTOR’S FULL RESPONSE TO THE RFP AND ANY ADDENDA (INCORPORATED BY REFERENCE, AS IF PHYSICALLY ATTACHED) FEDERAL ASSURANCES AND CERTIFICATIONS GENERAL AFFIRMATIONS REQUIRED PERFORMANCE AND PAYMENT BONDS CERTIFICATE(S) OF INSURANCE ATTACHMENTS FOLLOW
INCORPORATED BY REFERENCE IN THEIR ENTIRETY, AS IF PHYSICALLY ATTACHED: ATTACHMENT A: PROJECT MANUAL, INCLUDING GLO RFP NO. ***** AND ANY ADDENDA
ATTACHMENT B: CONTRACTOR’S FULL RESPONSE TO THE RFP AND ANY ADDENDA
ATTACHMENT E COPIES OF REQUIRED PERFORMANCE AND PAYMENT BONDS
ATTACHMENT F COPIES OF REQUIRED INSURANCE CERTIFICATES
EXHIBIT C: HUB SUBCONTRACTING PLAN
____________________________________________________________________________________________________________________ Texas General Land Office
-C-1-
RFP No. X0008281-DF
TO:
Respondents
SUBJECT:
Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Request for Proposals No. X0008281-DF
In accordance with Texas Government Code § 2161.252 and Texas Administrative Code Title 34 § 20.14, each state agency (including institutions of higher education) as defined by Tex. Government Code § 2151.002 that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. The General Land Office (GLO) has determined that subcontracting opportunities are probable under this contract (see classes, items and descriptions of the subcontracting opportunities below). Therefore, respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit a State of Texas HUB Subcontracting Plan (HSP) with their solicitation response. For construction contracts only, please refer to the specific instructions in the solicitation document that pertains to the due date of the HSP. Responses that do not include a completed HSP shall be rejected pursuant to Tex. Government Code § 2161.252(b). Please see the attached HSP form. Class 405 / Item 09 Class 405 / Item 57 Class 925 / Item 86 Class 959 / Item 53
Fuel/Diesel Lubricating Oil (general purpose) Surveying Services Marine Surveying Services
The subcontracting opportunities identified here may not include all probable opportunities. The Respondent may identify additional subcontracting opportunities, if applicable. A list of HUBs on the Centralized Master Bidders List (CMBL) for the classes and items will be attached as a separate document. A complete list of all State of Texas certified HUBs may be accessed via the Internet at: http://www.window.state.tx.us/procurement/cmbl/cmblhub.html. The GLO does not endorse any company or individual on any listing/directories included or referenced herein.
1700 North Congress Avenue, Austin, Texas 78701-1495 P.O. Box 12873, Austin, Texas 78711-2873 512-463-5001 glo.texas.gov
2
Below I have included the HSP Development and Good Faith Effort Requirements for your convenience. The “HSP Quick Checklist” is also provided by the Comptroller of Public Accounts and precedes the HSP form. All items on these checklists must be performed to demonstrate your good faith effort. If you do not return a completed HSP with your proposal, to include the requirements stated below, your proposal will be rejected as a material failure to comply with the advertised specifications. Additional documentation, i.e. phone logs, fax transmittals, electronic mail, etc. will be requested to substantiate your responses prior to a contract award. HSP Development and Good Faith Effort Requirements 1.
Divide the contract work into reasonable lots or portions to the extent consistent with prudent industry practices.
2.
Provide written notice to three (3) or more HUBs per each subcontracting opportunity that provide the type of work required for each subcontracting opportunity identified in the contract specifications or any other subcontracting opportunity that cannot be completed with your own equipment, supplies, materials, and/or employees. The notice must in all instances, include the scope of work, specifications, and identify a contact person. You must document the HUBs contacted on the forms provided. You must use the Centralized Master Bidders List (CMBL), the HUB Directory, Internet resources, and/or other directories as identified by the Comptroller of Public Accounts (CPA) or GLO when searching for HUB subcontractors. You may access the CMBL at: http://www2.cpa.state.tx.us/cmbl/cmblhub.html and HUB Directory at: http://www.window.state.tx.us/procurement/cmbl/hubonly.html You must provide potential HUB subcontractors a reasonable time of no less than seven (7) working days from receipt of your notice to respond to the notice unless circumstances require a different time period as determined by the GLO.
3.
Provide written justification of the selection process if a non-HUB subcontractor is selected.
4.
Provide written notice to two or more minority or women trade organizations or development centers to assist in identifying HUBs by disseminating the subcontracting opportunity to their members/participants. The notice shall in all instances, include the scope of work, specifications, and identify a contact person. You must provide notice to organizations or development centers no less than seven (7) working days prior to submission of the response (bid, proposal, offer, or other applicable expression of interest). A list of trade organizations and development centers may be accessed at: http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/. For your convenience, I have included the contact information of these minority or women trade organizations and development centers in this letter.
After an award is made, any modifications to the HSP must be submitted to the GLO for prior approval. A HUB Subcontracting Plan Change Order is attached for submitting any changes to your HSP. If the HSP is modified without the GLO’s prior approval, you will be in breach of contract and subject to any remedial actions provided by Chapter 2161 of the Tex. Government
3
Code. You will be required to submit monthly compliance reports (see the attached HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report) to the GLO, specifying the use, including expenditures to HUB subcontractors, if applicable. If you determine that all of the potential subcontracting opportunities identified can be fulfilled with your own equipment, supplies, materials and/or employees, please complete Section 3 (Self Performance Justification) of the HSP and provide a statement explaining how you intend to fulfill the entire contract scope of work. Sincerely, _______________________________ Mindy Cohen HUB Coordinator Phone: (800) 998-4456 Fax: (512) 463-1795
[email protected]
4
Contact Information for Minority or Women Trade Organizations / Development Centers El Paso Hispanic Chamber of Commerce
Dallas/Fort Worth Minority Supplier Development Council
Website: www.ephcc.org Contact: Terri Reed Email:
[email protected] Phone: 915-566-4066 Fax: 915-566-9714
Website: www.dfwmsdc.com Contact: Rafia Floyd Email:
[email protected],
[email protected] Phone: 214-630-0747 Fax: 214-637-2241
Hispanic Contractors Association De San Antonio
Golden Triangle Minority Business Council
Website: www.hcadesa.org Contact: Roy Attwood Email:
[email protected] Phone: 210-444-1100 Fax: 210-444-1101
Website: www.gtmbc.com Contact: Beverly H. Hatcher Email:
[email protected] Phone: 409-962-8530
Regional Hispanic Contractors Association (RHCA)
Houston Minority Supplier Development Council
Website: www.TAMACC.org Contact: Julio E. Florez Email:
[email protected] Phone: 972-786-0909 Fax: 972-786-0910
Website: www.hmsdc.org Contact: Angela Freeman Email:
[email protected] Phone: 713-271-7805 Fax: 713-271-9770
Southwest Minority Supplier Development Council
South Central Texas Regional Certification Agency
Website: http://www.smsdc.org Contact: Jennifer Mort Email:
[email protected],
[email protected] Phone: 210-525-7925, 512-386-8766 Fax: 512-386-8988
Website: www.sctrca.org Contact: Ross Mitchell Email:
[email protected] Phone: 210-227-4722
US Pan Asian American Chamber of Commerce SW
Texas Association of Mexican American Chambers of Commerce (TAMACC)
Website: www.uspaacc-sw.org Contact: Grace McDermott Email:
[email protected] Phone: 682-367-1393 Fax: 817-469-9485
Website: www.TAMACC.org Contact: Pauline Anton Email:
[email protected] Phone: 512-444-5727
Women's Business Enterprise Alliance
Tri-County Black Chamber of Commerce
Website: www.wbea-texas.org Contact: April Day Email:
[email protected] Phone: 713-681-9232
Website: http://www.tcbcc.org/ Contact: Leondria Thompson Email:
[email protected] Phone: 832-875-3977 Fax: 281-336-0870
Women's Business Council - Southwest
Capital City African American Chamber of Commerce
Website: http://www.wbcsouthwest.org Contact: Anita Steele Email:
[email protected] Phone: 817-299-0566
Website: http://www.capcitychamber.org/ Contact: Darlene Watkins Email:
[email protected] Phone: 512-459-1181
Revised 1/09/14
5
HUB SUBCONTRACTING PLAN CHANGE ORDER TEXAS GENERAL LAND OFFICE/VETERANS LAND BOARD P.O. Box 12873 Austin, Texas 78711-2873 Attn: HUB Coordinator
[email protected] Purchase Order No.: Vendor I.D. Number Prime Contractor: Address City/State/Zip Contact Person
Contract Number: Contract Period: From: Phone/Fax Number: Contract Amount:
CHANGE ORDER NUMBER
______________
To: / $
NOTE TO CONTRACTOR: PRIME contractors shall notify the General Land Office/Veterans Land Board (GLO/VLB) and obtain PRIOR approval before any changes can be made to the HSP. The proposed changes MUST comply with the GOOD FAITH EFFORT requirements related to developing and submitting a HSP as described in Item 1, or if applicable, Item 2 of the Instructions.
CHANGE ORDER TO:
Delete Subcontractor Add Subcontractor Other: Explain:______________________________________________________________ ADD / DELETE*
SUBCONTRACTOR NAME
HUB YES/NO
VENDOR ID
DESCRIPTION OF MATERIALS / SERVICE
SUBCONTRACTING AMOUNT
SUBCONTRACING PERCENTAGE
*Reason for deletion of subcontractor/supplier I have read and understand the State of Texas Policy on Historically Underutilized Business (HUB) Subcontracting Plan (HSP) changes. The above changes to the HSP have been initiated following the Good Faith Effort instructions documented by the attached Development of an HSP and Subcontracting Intentions. Also attached is the revised Prime Contractor Progress Assessment Report that will be attached to future application for payments for this contract. Respectfully Submitted Signature Date GLO/VLB OFFICE USE ONLY
Your Subcontractors Change Request has been reviewed by the GLO/VLB HUB Coordinator and is hereby approved. Your Subcontractors Change Request has been reviewed by the GLO/VLB HUB Coordinator; however, at this time we are unable to honor your request for the following reason(s):
Debby French, Assistant Deputy Director of Procurement 512-463-5309 or
[email protected]
Mindy Cohen, HUB and Mentoring Coordinator 800-998-4456 or
[email protected]
Date
Date
Rev. 10/14
HUB Subcontracting Plan (HSP) QUICK CHECKLIST
While this HSP Quick Checklist is being provided to merely assist you in readily identifying the sections of the HSP form that you will need to complete, it is very important that you adhere to the instructions in the HSP form and instructions provided by the contracting agency. If you will be awarding all of the subcontracting work you have to offer under the contract to only Texas certified HUB vendors, complete:
Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors Section 2 c. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b. If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you have a continuous contract* in place for five (5) years or less meets or exceeds the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:
Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB venders Section 2 c. - No Section 2 d. - Yes Section 4 - Affirmation GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b. If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors or only to Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you have a continuous contract* in place for five (5) years or less does not meet or exceed the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:
Section 1 - Respondent and Requisition Information Section 2 a. - Yes, I will be subcontracting portions of the contract Section 2 b. - List all the portions of work you will subcontract, and indicated the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors Section 2 c. - No Section 2 d. - No Section 4 - Affirmation GFE Method B (Attachment B) - Complete an Attachment B for each of the subcontracting opportunities you listed in Section 2 b. If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources, complete:
Section 1 - Respondent and Requisition Information Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources Section 3 - Self Performing Justification Section 4 - Affirmation
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.
Rev. 10/14
HUB Subcontracting Plan (HSP) In accordance with Texas Gov’t Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation).
NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t Code §2161.252(b). The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.13 are: •
11.2 percent for heavy construction other than building contracts,
•
21.1 percent for all building construction, including general contractors and operative builders’ contracts,
•
32.9 percent for all special trade construction contracts,
•
23.7 percent for professional services contracts,
•
26.0 percent for all other services contracts, and
•
21.1 percent for commodities contracts.
- - Agency Special Instructions/Additional Requirements - In accordance with 34 TAC §20.14(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent’s subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a respondent uses this method to demonstrate good faith effort, the respondent must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to satisfy this requirement, only contracts that have been in place for five years or less shall qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Disparity Study. This project is classified as a Special Trade Construction contract; please use the Statewide HUB Goal of 32.9% for these types of contracts when completing the HUB Subcontracting Plan.
v SECTION-1: RESPONDENT AND REQUISITION INFORMATION a.
Respondent (Company) Name:
State of Texas VID #:
Point of Contact:
Phone #:
E-mail Address:
Fax #:
b.
Is your company a State of Texas certified HUB?
c.
Requisition #:
- Yes
- No Bid Open Date: (mm/dd/yyyy)
1
Rev. 10/14
Enter your company’s name here:
Requisition #:
SECTION-2: SUBCONTRACTING INTENTIONS RESPONDENT After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of work to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work, including goods and services, will be subcontracted. Note: In accordance with 34 TAC §20.11., an “Subcontractor” means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity. a. Check the appropriate box (Yes or No) that identifies your subcontracting intentions: - Yes, I will be subcontracting portions of the contract. (If Yes, complete Item b, of this SECTION and continue to Item c of this SECTION.) - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources. (If No, continue to SECTION 3 and SECTION 4.) b. List all the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB). HUBs Item #
Subcontracting Opportunity Description
Percentage of the contract expected to be subcontracted to HUBs with which you have a continuous contract* in place for five (5) years or less.
Non-HUBs
Percentage of the contract expected to be subcontracted to HUBs with which you have a continuous contract* in place for more than five ( 5 ) ye a rs.
Percentage of the contract expected to be subcontracted to non-HUBs.
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(Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online at http://window.state.tx.us/procurement/prog/hub/hubsubcontracting-plan/).
c. Check the appropriate box (Yes or No) that indicates whether you will be using only Texas certified HUBs to perform all of the subcontracting opportunities you listed in SECTION 2, Item b. - Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.) - No (If No, continue to Item d, of this SECTION.) d. Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract with Texas certified HUBs with which you have a continuous contract* in place with for five (5) years or less meets or exceeds the HUB goal the contracting agency identified on page 1 in the “Agency Special Instructions/Additional Requirements”. - Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.) - No (If No, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed.)
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.
Rev. 10/14
Enter your company’s name here:
Requisition #:
SECTION-2: SUBCONTRACTING INTENTIONS RESPONDENT (CONTINUATION SHEET) This page can be used as a continuation sheet to the HSP Form’s page 2, Section 2, Item b. Continue listing the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).
a.
HUBs Item #
Percentage of the contract expected to be subcontracted to HUBs with which you have a continuous contract* in place for five (5) years or less.
Subcontracting Opportunity Description
Non-HUBs
Percentage of the contract expected to be subcontracted to HUBs with which you have a continuous contract* in place for more than five (5) years.
Percentage of the contract expected to be subcontracted to non-HUBs.
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%
%
%
35
%
%
%
36
%
%
%
37
%
%
%
38
%
%
%
39
%
%
%
40
%
%
%
41
%
%
%
42
%
%
%
43
%
%
%
%
%
%
Aggregate percentages of the contract expected to be subcontracted:
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts. HSP – SECTION 2 (Continuation Sheet)
Rev. 10/14
Enter your company’s name here:
Requisition #:
SECTION-3: SELF PERFORMING JUSTIFICATION (If you responded “No “to SECTION 2, Item a, you must complete this SECTION and continue to SECTION 4) Check the appropriate box (Yes or No) that indicates whether your response/proposal contains an explanation demonstrating how your company will fulfill the entire contract with its own resources. - Yes (If Yes, in the space provided below list the specific page(s)/section(s) of your proposal which explains how your company will perform the entire contract with its own equipment, supplies, materials and/or employees.) - No (If No, in the space provided below explain how your company will perform the entire contract with its own equipment, supplies, materials and/ or employees.)
SECTION-4: AFFIRMATION As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the HSP is true and correct. Respondent understands and agrees that, if awarded any portion of the requisition: •
The respondent will provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor for the awarded contract. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded.
•
The respondent must submit monthly compliance reports (Prime Contractor Progress Assessment Report – PAR) to the contracting agency, verifying its compliance with the HSP, including the use of and expenditures made to its subcontractors (HUBs and Non-HUBs). (The PAR is available at http://www.window.state.tx.us/procurement/prog/hub/hub-forms/progressassessmentrpt.xls).
•
The respondent must seek approval from the contracting agency prior to making any modifications to its HSP, including the hiring of additional or different subcontractors and the termination of a subcontractor the respondent identified in its HSP. If the HSP is modified without the contracting agency’s prior approval, respondent may be subject to any and all enforcement remedies available under the contract or otherwise available by law, up to and including debarment from all state contracting.
•
The respondent must, upon request, allow the contracting agency to perform on-site reviews of the company’s headquarters and/or work-site where services are being performed and must provide documentation regarding staffing and other resources.
Signature
Printed Name
Title
Date
(mm/dd/yyyy)
Reminder: If you responded “Yes” to SECTION 2, Items c or d, you must complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b. If you responded “No” SECTION 2, Items c and d, you must complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b. 3
HSP Good Faith Effort - Method A (Attachment A) Enter your company’s name here:
Rev. 10/14
Requisition #:
IMPORTANT: If you responded “Yes” to SECTION 2, Items c or d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at http://window.state.tx.us/procurement/prog/hub/hub-forms/hub-sbcont-plan-gfe-achm-a.pdf. SECTION A-1: SUBCONTRACTING OPPORTUNITY Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment. Item Number:
Description:
SECTION A-2: SUBCONTRACTOR SELECTION List the subcontractor(s) you selected to perform the subcontracting opportunity you listed above in SECTION A-1. Also identify whether they are a Texas certified HUB and their VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether the company is a Texas certified HUB Company Name
Texas certified HUB
VID Number (Required if Texas certified HUB)
Approximate Dollar Amount
Expected Percentage of Contract
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded. Page 1 of 1 (Attachment A)
HSP Good Faith Effort - Method B (Attachment B) Enter your company’s name here:
Rev. 10/14
Requisition #:
IMPORTANT: If you responded “Yes” to SECTION 2, Items c or d of the completed HSP form, you must submit a completed “HSP Good Faith Effort -
Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at http://window.state.tx.us/procurement/prog/hub/hub-forms/hub-sbcont-plan-gfe-achm-b.pdf.
SECTION B-1: SUBCONTRACTING OPPORTUNITY
Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment. Item Number:
Description:
SECTION B-2: MENTOR PROTÉGÉ PROGRAM If respondent is participating as a Mentor in a State of Texas Mentor Protégé Program, submitting its Protégé (Protégé must be a State of Texas certified HUB) as a subcontractor to perform the subcontracting opportunity listed in SECTION B-1, constitutes a good faith effort to subcontract with a Texas certified HUB towards that specific portion of work. Check the appropriate box (Yes or No) that indicates whether you will be subcontracting the portion of work you listed in SECTION B-1 to your Protégé. - Yes (If Yes, to continue to SECTION B-4.) - No / Not Applicable (If No or Not Applicable, continue to SECTION B-3 and SECTION B-4.)
SECTION B-3: NOTIFICATION OF SUBCONTRACTING OPPORTUNITY When completing this section you MUST comply with items a , b, c and d, thereby demonstrating your Good Faith Effort of having notified Texas certified HUBs and trade organizations or development centers about the subcontracting opportunity you listed in SECTION B-1. Your notice should include the scope of work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person. When sending notice of your subcontracting opportunity, you are encouraged to use the attached HUB Subcontracting Opportunity Notice form, which is also available online at http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan. Retain supporting documentation (i.e., certified letter, fax, e-mail) demonstrating evidence of your good faith effort to notify the Texas certified HUBs and trade organizations or development centers. Also, be mindful that a working day is considered a normal business day of a state agency, not including weekends, federal or state holidays, or days the agency is declared closed by its executive officer. The initial day the subcontracting opportunity notice is sent/provided to the HUBs and to the trade organizations or development centers is considered to be “day zero” and does not count as one of the seven (7) working days. a. Provide written notification of the subcontracting opportunity you listed in SECTION B-1, to three (3) or more Texas certified HUBs. Unless the contracting
agency specified a different time period, you must allow the HUBs at least seven (7) working days to respond to the notice prior to your submitting your bid response to the contracting agency. When searching for Texas certified HUBs, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) and Historically Underutilized Business (HUB) Search directory located at http://mycpa.state.tx.us/tpasscmblsearch/index.jsp. HUB Status code “A” signifies that the company is a Texas certified HUB.
b. List the three (3) Texas certified HUBs you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the company’s Vendor ID (VID)
number, the date you sent notice to that company, and indicate whether it was responsive or non-responsive to your subcontracting opportunity notice. Company Name
VID Number
Date Notice Sent (mm/dd/yyyy)
Did the HUB Respond? - Yes
- No
- Yes
- No
- Yes
- No
c. Provide written notification of the subcontracting opportunity you listed in SECTION B-1 to two (2) or more trade organizations or development centers in Texas to
assist in identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. Unless the contracting agency specified a different time period, you must provide your subcontracting opportunity notice to trade organizations or development centers at least seven (7) working days prior to submitting your bid response to the contracting agency. A list of trade organizations and development centers that have expressed an interest in receiving notices of subcontracting opportunities is available on the Statewide HUB Program’s webpage at http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/.
d. List two (2) trade organizations or development centers you notified regarding the subcontracting opportunity you listed in SECTION B-1.Include the date
when you sent notice to it and indicate if it accepted or rejected your notice.
Date Notice Sent
Trade Organizations or Development Centers
(mm/dd/yyyy)
Page 1 of 2 (Attachment B)
Was the Notice Accepted? - Yes
- No
- Yes
- No
HSP Good Faith Effort - Method B (Attachment B) Cont.
Rev. 10/14
Requisition #:
Enter your company’s name here: SECTION B-4: SUBCONTRACTOR SELECTION
Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment. a. Enter the item number and description of the subcontracting opportunity for which you are completing this Attachment B continuation page.
Item Number:
Description:
b. List the subcontractor(s) you selected to perform the subcontracting opportunity you listed in SECTION B-1. Also identify whether they are a Texas certified
HUB and their VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether the company is a Texas certified HUB. Company Name
Texas certified HUB
Approximate Dollar Amount
VID Number
(Required if Texas certified HUB)
Expected Percentage of Contract
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
- Yes
- No
$
%
c. If any of the subcontractors you have selected to perform the subcontracting opportunity you listed in SECTION B-1 is not a Texas certified HUB, provide written
justification for your selection process (attach additional page if necessary):
REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity it (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded. Page 2 of 2 (Attachment B)
HUB Subcontracting Opportunity Notification Form Rev. 10/14
In accordance with Texas Gov’t Code, Chapter 2161, each state agency that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. The state agency I have identified below in Section B has determined that subcontracting opportunities are probable under the requisition to which my company will be responding. 34 Texas Administrative Code, §20.14 requires all respondents (prime contractors) bidding on the contract to provide notice of each of their subcontracting opportunities to at least three (3) Texas certified HUBs (who work within the respective industry applicable to the subcontracting opportunity), and allow the HUBs at least seven (7) working days to respond to the notice prior to the respondent submitting its bid response to the contracting agency. In addition, at least seven (7) working days prior to submitting its bid response to the contracting agency, the respondent must provide notice of each of its subcontracting opportunities to two (2) or more trade organizations or development centers (in Texas) that serves members of groups (i.e., Asian Pacific American, Black American, Hispanic American, Native American, Woman, Service Disabled Veteran) identified in Texas Administrative Code, §20.11(19)(C). We respectfully request that vendors interested in bidding on the subcontracting opportunity scope of work identified in Section C, Item 2, reply no later than the date and time identified in Section C, Item 1. Submit your response to the point-of-contact referenced in Section A.
SECTION: A PRIME CONTRACTOR’S INFORMATION Company Name:
State of Texas VID #:
Point-of-Contact:
Phone #: Fax #:
E-mail Address:
SECTION: B CONTRACTING STATE AGENCY AND REQUISITION INFORMATION Agency Name: Point-of-Contact:
Phone #:
Requisition #:
Bid Open Date: (mm/dd/yyyy)
SECTION: C SUBCONTRACTING OPPORTUNITY RESPONSE DUE DATE,DESCRIPTION, REQUIREMENTS AND RELATED INFORMATION 1. Potential Subcontractor’s Bid Response Due Date: If you would like for our company to consider your company’s bid for the subcontracting opportunity identified below in Item 2, we must receive your bid response no later than Select Select Central Time
on
. Date (mm/dd/yyyy)
In accordance with 34 TAC §20.14, each notice of subcontracting opportunity shall be provided to at least three (3) Texas certified HUBs, and allow the HUBs at least seven (7) working days to respond to the notice prior to submitting our bid response to the contracting agency. In addition, at least seven (7) working days prior to us submitting our bid response to the contracting agency, we must provide notice of each of our subcontracting opportunities to two (2) or more trade organizations or development centers (in Texas) that serves members of groups (i.e., Asian Pacific American, Black American, Hispanic American, Native American, Woman, Service Disabled Veteran) identified in Texas Administrative Code, §20.11(19)(C). (A working day is considered a normal business day of a state agency, not including weekends, federal or state holidays, or days the agency is declared closed by its executive officer. The initial day the subcontracting opportunity notice is sent/provided to the HUBs and to the trade organizations or development centers is considered to be “day zero” and does not count as one of the seven (7) working days.)
2. Subcontracting Opportunity Scope of Work:
3. Required Qualifications:
- Not Applicable
4. Bonding/Insurance Requirements:
- Not Applicable
5. Location to review plans/specifications:
- Not Applicable
Potential HUB Subcontractors on the CMBL RFP X0008281-DF
Class 405 / Item 09 Vendor ID
1161689164100
1742062753500
1464854059000
1113656760600
1760666072200
1270613679800
1742525331100
1752918306700 1272526980200 1464865116500 1454695008100
Fuel/Diesel
Company Name
Contact Person
Address (line 1)
5151 FLYNN PKWY STE 102
ACE COMMUNICATION RICHARD S LTD. CO. VALENT Owner/RO 11901 ANDY'S AUTO BUS BERT ROSAS SARA ROAD & AIR, INC. 3649 Renior L. LEOPARD APOGEE CFS, LLC Knox Sr ST STE 412 President/ Alfonso ARGUINDEGUI OIL Arguindegu PO BOX i CO II LTD 1367 B-W INDUSTRIAL SUPPLY Richard PO BOX CORPORATION Webb 91170 BAILEY'S PREMIER SERVICES LLC BRENCO MARKETING CORPORATION CARCON INDUSTRIES & CONSTRUCTION, LLC CHAMPION FUEL SOLUTIONS, LLC CS BIOSOLUTIONS, INC. FRYAR ENERGY, LLC
Address (line 2)
City
State Zip
CORPUS CHRISTI
TX
Email
HUB Eligibility
HUB Gender
HI
M
956-7227321
HI
M
Phone
[email protected] 361-9941405 78411-4318 T robert@andys78045 air.com
LAREDO
TX
CORPUS CHRISTI
TX
[email protected] 361-8871806 78408-3263 om
BL
M
LAREDO
TX
[email protected] 956-7225251 78042-1367 om
HI
M
HOUSTON
TX
bwindustrial@sbcgl 281-4452000 77291-1170 obal.net
BL
M
twbailey@baileyspr 817-29276162 emierservices.com 2423
BL
F
WO
F
HI
F
WO
F
DV
M
WO
F
Tamiko W Bailey
PO BOX 16454
FORT WORTH TX
Nancy M. Broach
PO BOX 3819
BRYAN
DIANA MUNOZ Patti Russell Kenneth Columbia STEVE FRYAR
1341 W MOCKINGB SUITE 1200IRD LN W DALLAS PO BOX 210191 BEDFORD 12605 EAST FWY SUITE 505 HOUSTON PO BOX 1527 BROWNWOOD
TX
TX TX TX TX
nancy@brencomark 979-2603835 77805-3819 eting.com dmunoz@carconind 75247-6913 ustries.com prussell@champion 76095-7191 fs.com ken@csbiosolutions 77015-5625 .com
214-3528515 877-9099191 888-2821160
[email protected] 1158 76804-1506
Potential HUB Subcontractors on the CMBL RFP X0008281-DF
1742207900800
GENOA INTERNATIONAL, LLC GOLD STAR PETROLEUM, INC.
Kahn, Pamela J.J. Rodriguez
1251910599800
K-INDUSTRIAL SUPPLY & SALES
Karon L. Syracuse
1464544344200
1562540164900
1461548066300
1471975275100
1752238149400
1010905986400
1464487032200
2245 TEXAS DR STE 300 PO BOX 11151
300 BELCHER ST 5602 COUNCIL GROVE NOW PACKAGING BRIAN K. COMPANY REED COURT 2206 PETROPANGEA, PETROPAN GLENEAGLE INC. GEA, INC. S DR 14 LOMBARDY PREMIER FUELING Orly LLC Meyers TER RICOCHET FUEL 1201 DISTRIBUTORS, Cass ROYAL INC. Roberts PKWY Owner/Vick PO BOX SIMBA INDUSTRIES ie Kasten 3141 1721 CEDAR STATE PARK State Park SPRINGS RD SUPPLIES Supplies
[email protected] 77479-1468 m goldstarpetro@com 77391 cast.net
SUGAR LAND
TX
SPRING
TX
CLEVELAND
TX
HOUSTON
TX
LEAGUE CITY
TX
petropangea24@g 77573-5853 mail.com
BENBROOK
EULESS
281-3130120 281-3795928
WO
F
HI
M
k_industrial_supply 281-8537195 77327 @yahoo.com
WO
F
info@nowpackagin 281-9996881 77088 g.com
BL
F
HI
M
TX
[email protected] 817-5043111 76132-1031 om
WO
F
TX
sales@ricochetfuel. 817-2685910 76040-6714 com
WO
F
GRAPEVINE
TX
sales@simbaindustr 817-2514800 76099-3141 ies.com
WO
F
ALPINE
TX
ruthgarcia777@gm 432-3712456 79830-7729 ail.com
HI
F
281-3349110
Potential HUB Subcontractors on the CMBL RFP X0008281-DF
Class 405 / Item 57
Lubricating Oil (general purpose)
1421562051000
3MB INTERIOR PLUS ADVANTAGE SUPPLY
1510650312900
AISW INC.
1800590155000
14090 SOUTHWES Bernadette T FWY STE Blair 300 PO BOX Carol Bane 471103
FORT WORTH TX
bernadette@bbblai 77478-3679 r.com bids@advantagesup 76147-1103 ply.us
281-3025353 817-3778094 979-6966092
SUGAR LAND
TX
BL
F
WO
F
WO
F
Tom Parlow President/ Alfonso ARGUINDEGUI OIL Arguindegu CO II LTD i B-W INDUSTRIAL SUPPLY Richard CORPORATION Webb
2790 OSBORN LN
BRYAN
TX
77803-5151
[email protected]
PO BOX 1367
LAREDO
TX
[email protected] 956-7225251 78042-1367 om
HI
M
PO BOX 91170
HOUSTON
TX
bwindustrial@sbcgl 281-4452000 77291-1170 obal.net
BL
M
PO BOX 16454
FORT WORTH TX
817-2922423
BL
F
1751848382500
BAILEY'S PREMIER SERVICES LLC BILL BURTON AUTOMOTIVE SUPPLY, INC
936-5942544
WO
F
1383883527300
BLENDER DIRECT
1113656760600
1760666072200
1270613679800
1263718834800
1202983931800
BULLCHASE, INC. BURGOON COMPANY DBA EVCO PARTNERS, LP
Tamiko W Bailey julie merchant
PO BOX 1149 12238 KINDRED Carey Clark ST. 1420 CYPRESS CREEK RD. Marianne SUITE 200 Galea 310 President/ Nancy PO BOX Evans 1168
twbailey@baileyspr 76162 emierservices.com
[email protected] 75862-1149 m
TRINITY
TX
HOUSTON
TX
carey.clark33@yaho 713-5849227 77049 o.com
HI
M
CEDAR PARK
TX
marianne@bullchas 888-5582855 78613 e.com
WO
F
GALVESTON
TX
WO
F
office@burgoonco 77553-1168 mpany.com
409-7661900
Potential HUB Subcontractors on the CMBL RFP X0008281-DF
1200199366100
CARCON INDUSTRIES & CONSTRUCTION, LLC CHAMPION FUEL SOLUTIONS, LLC COMPETITIVE CHOICE INC.
1752953541500
CRAGG'S DO IT Douglas BEST LUMBER AND Cragg Felix Moreno STEVE FRYAR
1464544344200
EGF ENERGY PARTNERS, LLC FRYAR ENERGY, LLC GENOA INTERNATIONAL, LLC
1341 W MOCKINGB SUITE 1200IRD LN W DALLAS PO BOX 210191 BEDFORD P.O. BOX 35743 HOUSTON 21100 HOME STATE CENTER, HIGHWAY SPRING 46 W BRANCH INC. 12238 KINDRED ST HOUSTON PO BOX 1527 BROWNWOOD
Kahn, Pamela
2245 TEXAS DR STE 300
1251910599800
K-INDUSTRIAL SUPPLY & SALES
Karon L. Syracuse
1454149018200
LUBRIMAR
Felix Moreno Jr
1271331598900
MAVICH, LLC
FAITH GORDON
300 BELCHER ST 12238 KINDRED ST 525 COMMERC E ST
1752475718800
MORENO SUPPLY, RALPH INC. MORENO
1752918306700 1272526980200
1710975243000 1454695008100
1461548066300
1752238149400
PETROPANGEA, INC. RICOCHET FUEL DISTRIBUTORS, INC.
DIANA MUNOZ Patti Russell Aundrea Young
4140 BILLY MITCHELL DR. 2206 PETROPAN GLENEAGLE GEA, INC. S DR 1201 Cass ROYAL Roberts PKWY
TX
dmunoz@carconind 75247-6913 ustries.com prussell@champion 76095-7191 fs.com aundrea@competiti 77235-5743 vechoice.net
214-3528515 877-9099191 713-8381144
TX
[email protected] 78070-6177 m
830-4384732
TX TX
HI
F
WO
F
BL
F
WO
F
HI
M
TX
felixjr@egfpartners. 281-9777400 77049-3415 com 325-64276804-1506
[email protected] 1158
WO
F
SUGAR LAND
TX
[email protected] 281-3130120 77479-1468 m
WO
F
CLEVELAND
TX
k_industrial_supply 281-8537195 77327 @yahoo.com
WO
F
HOUSTON
TX
281-97777049-3415
[email protected] 7400
HI
M
SOUTHLAKE
TX
[email protected] 682-5034484 76092-9190 M
HI
F
ADDISON
TX
ralphellenmoreno@ 972-2334429 75001-4350 msn.com
HI
M
LEAGUE CITY
TX
petropangea24@g 77573-5853 mail.com
HI
M
TX
sales@ricochetfuel. 817-2685910 76040-6714 com
WO
F
EULESS
TX
281-3349110
Potential HUB Subcontractors on the CMBL RFP X0008281-DF
1271325890800
ROWLETT'S HARDWARE SAN ANGELO CROSS TEXAS SUPPLY LLC
1474407839600
SERENITY SELLS
1272054223700
1460 W HENDERSO N ST 4009 BEN FICKLIN ROAD 8548 N LAMAR Owner/Dav BLVD APT 3212 id Hirsch
Rodney Rowlett President/B ecky Dyches
1208727508200
Owner/Vick PO BOX SIMBA INDUSTRIES ie Kasten 3141 1721 CEDAR STATE PARK State Park SPRINGS RD SUPPLIES Supplies 3301 SUNRISE SUNBELT SUPPLY Rick Garza RD
1381434636000
TECHSYS, INC DBA Drusilla PRODUCT-SOL Pease
1010905986400
1464487032200
PO BOX 884
CLEBURNE
TX
rodney@rowletthar 817-6457277 76033-5105 dware.com
SAN ANGELO
TX
bjd@crosstexassup 325-6511408 76903 ply.com
AUSTIN
TX
davevoffice@gmail. 512-5777484 78753-5518 com
HI
M
GRAPEVINE
TX
sales@simbaindustr 817-2514800 76099-3141 ies.com
WO
F
ALPINE
TX
ruthgarcia777@gm 432-3712456 79830-7729 ail.com
HI
F
ROUND ROCK TX
rick@sunbeltsupplyl 512-2447535 78665-2552 lc.com
WO
F
AI
F
PORT LAVACA TX
dpease@product77979 sol.com
850-5723388
WO
F
WO
F
Potential HUB Subcontractors on the CMBL RFP X0008281-DF
Class 925 / Item 86
1752966405800
1273545090500
1461519164100
1760052565700
1760614439600
1043746373900
1432072424900
1710965525200
1270523899100 1742985054200
1741709530800
Surveying Services
TX
wayne@acumen75123-0673 enterprises.com
972-5720701
AI
M
TX
isidro.garza@agape 832-4468647 77388-2908 gracellc.com
HI
M
TX
g.cervin@agsconsul 832-3013815 77060-2304 tantsllc.com
HI
F
SUGAR LAND
TX
281-56577478
[email protected] 3900
HI
M
HOUSTON
TX
pkolluru@amanieng 713-2705700 77074 ineering.com
AS
M
MCALLEN
TX
taguirreconsulting 78504-3439 @me.com
956-6310944
HI
M
TX
agarza@azb75238-3288 engrs.com
214-3419900
HI
M
info@ashandassoci 512-3921719 78666-7222 ates.net
HI
F
HI
M
AI
M
HI
M
ACUMEN Wayne ENTERPRISES, INC. Boyter
PO BOX 673 DESOTO 3731 Isidro Garza KEYGATE AGAPE GRACE, LLC Jr DR SPRING 16800 AGS GREENSPOI CONSULTANTS, Grace NT PARK LLC Cervin DR SUITE 180N HOUSTON
ALIEF ELECTRO President/J 811 PARK MECHANICAL, INC. oe F. Leal TWO DRIVE PRESIDENT / H. AMANI PRASAD 8313 ENGINEERING KOLLURU, SOUTHWES INCORPORATED P.E. T FREEWAY SUITE 350 Vice ARANDA & Pres/Tony 1552 W ASSOCIATES, INC. Aguirre DOVE AVE ARREDONDO, 11355 ZEPEDA & BRUNZ, P/Alfonso P MCCREE Garza LLC ROAD 132 JACKSON ASH & ASSOCIATES, LLC Shawn Ash LN 10950 BARRAGAN & Daniel PELLICANO ASSOCIATES, INC. Barragan DR STE F BIG SKY Felix M. 4025 CHRIS SURVEYING Gonzalez DR 417 EXECUTIVE CENTER BROCK & Karina BLVD. BUSTILLOS, INC. Martinez
DALLAS
SAN MARCOS TX EL PASO
TX
ABILENE
TX
barramor@sbcglob 79935-4615 al.net bigskysurvey@yaho 79606-5538 o.com
TX
kmartinez@brockbu 915-5424900 79902-1003 stillos.com
EL PASO
915-5915709 541-2188921
Potential HUB Subcontractors on the CMBL RFP X0008281-DF
1742862226400
BULLSEYE LAND SURVEYING COMPANY CARCON INDUSTRIES & CONSTRUCTION, LLC CHAPARRAL PROFESSIONAL LAND SURVEYING
1261212981200
CIVILCORP LLC
1272919386700
CIVILITUDE
1980432436600
1752918306700
Noela O. Garza
226 S ENTERPRIZ E PKWY SUITE 114
CORPUS CHRISTI
DIANA MUNOZ
1341 W MOCKINGB SUITE 1200W DALLAS IRD LN
CFO/SHAR 3500 ON WATTS MCCALL LN 4611 E. AIRLINE Owner/Ben ROAD, L. Galvan SUITE 300 1701 FAYEZ DIRECTORS SHAREEF BLVD STE KAZI 400
TX
[email protected] 361-4523009 78405-4128 m
HI
F
TX
dmunoz@carconind 214-3528515 75247-6913 ustries.com
HI
F
AUSTIN
TX
SHARON@CHAPSUR 512-4431724 78744-2404 VEY.COM
WO
F
VICTORIA
TX
[email protected] 361-5707500 77904 s
HI
M
AUSTIN
TX
[email protected] 512-7616161 78744-1024 m
AS
M
DALLAS
TX
CCRIADO@CRIADO 972-39275244-5105 ASSOCIATES.COM 9092
HI
F
DALLAS
TX
[email protected] 2200 75243-5123
WO
F
ARLINGTON
TX
[email protected] 817-2753361 76004-0506 m
WO
F
WESLACO
TX
ericybarra@dosland 956-9694183 78596-4523 surveying.com
HI
M
WO
F
BL
M
1261752442100
Pres./MARI 4141 BLUE A CRISTINA LAKE CIR CRIADO & STE 133 ASSOCIATES, INC. CRIADO 10220 DALLAS AERIAL Pres./Kim FOREST SURVEYS, INC. Johnson LANE President/J DI SCIULLO-TERRY, oyce P. PO BOX STANTON & Stanton 506 1002 E DOS LAND Principal/Er EXPRESSW SURVEYING, LLC ic C. Ybarra AY 83
1742083619300
FORD ENGINEERING, INC.
Ford , Regina
10927 WYE DRIVE, STE 104
SAN ANTONIO TX
regina@fordengine 210-5904777 78217 ering.com
1742784213700
FOSTER CM GROUP, INC.
Paul W Foster
8610 N. NEW BRAUNFELS STE. 606
SAN ANTONIO TX
fostercmg@fosterc 210-8041004 78217 mgroup.com
1260042191600
1751616173800
1751615147300
Potential HUB Subcontractors on the CMBL RFP X0008281-DF
1752817126100
1742605463500
1481260666400
FRANK X SPENCER President / 1130 Rebecca T. MONTANA & ASSOCIATES, Spencer AVE INC.
F
s.green@geostrata. 210-4927282 78249 com
WO
F
WO
F
TX
mchruszczak@geos 281-6819766 77380-2950 ol.biz
2501 ASHFORD DR
SUITE 102
COLLEGE STATION
TX
jgessner@gessnere 979-6808840 77840-5135 ngineering.com
WO
F
115 E TRAVIS ST
SUITE 800
SAN ANTONIO TX
agonzalez@gd78205-1611 us.com
210-2089400
HI
F
FORT WORTH TX
76118-7117
[email protected]
817-4961424
HI
M
956-5654637
HI
M
WO
F
H&L CONSULTING, Lyanne LLC Beaman
SAN ANTONIO TX
7524 JACK NEWELL BLVD S 2020 E. EXPRESSW AY 83 901 S MOPAC PLAZA 1 SUITE 300 1225 NORTH LOOP W STE 800
1752457312200
H2B, INC. HIGH-TECH LAND AND GPS SURVEYORS, INC.
Henning, Tod President/ MELISSA K 3330 70TH WATKINS ST STE 202
1752481962400
IBARRA CONSULTING ENGINEERS
Pres./Raqu el Ibarra INC
1203255574500
HI
SPRING
1463955279400
1752332970800
79902-5510
[email protected]
SUITE 375
1742695447900
1208343025100
TX
GEO STRATA Principal/S 4718 ENVIRONMENTAL uzanne COLLEGE CONSULTANTS, IN Green PARK 25211 GROGANS GEOSOLUTIONS, Mary LLC Chruszczak MILL RD CEO/Johan na Rankin GESSNER ENGINEERING, LLC Gessner GONZALEZ-DE LA AYDA GARZA & SOFIA ASSOCIATES GONZALEZ President/B rad J. GORRONDONA & Gorrondon ASSOCIATES, INC. a GUZMAN & MUNOZ ENGINEERING AND JOSE LUIS MUNOZ SURVEYING
1200268735300
EL PASO
915-5334600
3131 TURTLE CREEK BLVD #1151
MERCEDES
TX
78570
[email protected]
AUSTIN
TX
lyannebeaman@hlc 602-31878746 onsultinggroup.com 8896
HOUSTON
TX
tod.henning@h2be 713-8642900 77008-4722 ngineers.com
DV
M
LUBBOCK
TX
806-78879413-6136
[email protected] 0020
WO
F
DALLAS
TX
IBARRAengineers@ 214-2191030 75219-5445 aol.com
HI
F
Potential HUB Subcontractors on the CMBL RFP X0008281-DF
1760375630900
1201368188200
1200539622600
1742479057800
1203799667000
1742768210300
1460504741500
1742722229800
1760421016500
1752774147800
1742951947700
IVY ROD, INC. DBA FRONTIER SURVEYING CO. JAKECO CONSTRUCTION, INC.
Pres.CEO/Ivy Young
710 BUFFALO ST SUITE 700 347 ROSE MEADOW DR Nicole 2105 PRINCIPAL/ COMMERC CHARLES R. E ST STE JQ 200 INFRASTRUCTURE MEHTA
Pres./ANIT 10226 SAN AM PEDRO AVE KEGLEY KEGLEY, INC. # 114 5700 W LAMB-STAR John M. PLANO ENGINEERING, L.P. Lamb, P.E. PKWY SUITE 1000 ViceLAND-MARK President 1420 PROFESSIONAL Larry L. BESSEMER PO BOX SURVEYING Drewes DRIVE 26626 1220 President/S MCNEIL herry ROAD, LANDESIGN Beavers SUITE 200 SERVICES, INC. DANA LANDMARK MARKUS- 2205 E 5TH SURVEYING, LP WOLF ST 2525 Marketing NORTH Director/CA LOOP THY WEST, LANDTECH SUITE 300 CONSULTANTS INC D'Arche LINA T. RAMEY AND ASSOCIATES, LINA 3320 BELT INC. RAMEY LINE RD 801 NAVIGATIO Robert N BLVD STE 300 LNV, INC. Viera
CORPUS CHRISTI
LA VERNIA
DALLAS
TX
ivy@frontiersurveyi 361-8818044 78401-1933 ng.com
WO
F
TX
78121-4764
[email protected]
210-7451302
WO
F
TX
[email protected] 75201-4363 m
972-3927340
AS
M
SAN ANTONIO TX
kegleygc@earthlink. 210-3494994 78216-3820 net
WO
F
PLANO
TX
John.Lamb@lamb75093-2445 star.com
214-4403600
AI
M
EL PASO
TX
915-5981300
HI
F
[email protected] 512-2387901 78681 om
AI
F
ROUND ROCK TX
larry@land79926 marksurvey.com
TX
dana@landmarksur 512-3287411 78702-4633 veying.com
WO
F
HOUSTON
TX
cdarche@landtech- 713-8617068 77008-1094 inc.com
AS
M
FARMERS BRANCH
TX
lramey@ltraengine 214-9791144 75234-2305 ers.com
WO
F
CORPUS CHRISTI
TX
[email protected] 78408-2600 m
HI
M
AUSTIN
361-8831984
Potential HUB Subcontractors on the CMBL RFP X0008281-DF 1742553262300
MACIAS & ASSOCIATES LP
1742812418800
MARSHALL LANCASTER & ASSOCIATES, INC. MBCO ENGINEERING, LLC. MCGRAY & MCGRAY LAND SURVEYORS INC MOUNTAIN ELECTRIC CORPORATION
1271576460600
MOY TARIN RAMIREZ ENGINEERS, LLC
1742233674700
MWM DESIGN GROUP, INC.
1752739090400
1472783752900
1742273292900
Gino Macias Marshall Lancaster, Marketing & Bus. Develop Brock Crenek MS. JUDITH J. MCGRAY President/ ANNA FULLER Raymond Tarin Jr
1752317110000
President/J ulia Harrod Pres./JEAN NATHAN D. MAIER MAIER CONSULTING DEAN Mark A. PACHECO KOCH Pacheco, CONSULTING PE, RPLS ENGINEERS, INC. President
1471126277500
PATRIOT SURVEYING, LLC
1751944112900
1760775935800
1743081249900
Ashley Elrod President/ PLAGAR Placido J. ENGINEERING LLC Garcia, Jr. Owner/The lma P. PORRAS NANCE Nance ENGINEERING
5410 S 1ST ST 1864 NORWOOD DR 13111 WESTHEIM ER RD 3301 HANCOCK DR 4616 TITANIC AVE 12770 CIMARRON PATH STE 100 305 E HUNTLAND DR
TX
gino.macias@macsu 512-4427875 78745-3040 rv.com
HI
F
TX
newprojects@mla- 817-2688000 76054-3755 survey.com
WO
F
HOUSTON
TX
brock.crenek@mbc 281-76077077-5546 oengineering.com 1656
WO
F
AUSTIN
TX
[email protected] 512-4518591 78731-5451 m
WO
F
EL PASO
TX
melectric@elpbizcla 915-7555118 79904-3335 ss.com
HI
F
SAN ANTONIO TX
rtarin@mtrengineer 210-6985051 78249-3415 s.com
HI
M
AUSTIN
TX
juliah@mwmdesign 512-4530767 78752-3736 group.com
WO
F
DALLAS
TX
jmaierdean@ndmce 214-7394741 75231-5911 .com
WO
F
SUITE 1400 DALLAS
TX
75231-2388
[email protected]
972-2353031
HI
M
TX
pelrod@patriot79546-6300 surveying.com
325-2076256
WO
F
AUSTIN
SUITE E
HURST
SUITE 307
SUITE # 6
SUITE 200
8080 PARK LN STE 600 7557 RAMBLER ROAD 1022 COUNTY ROAD 231 PO BOX 3071 PO BOX 1670
1155 MILITARY HWY
ROTAN
BROWNSVILLE TX
[email protected] 956-5509995 78523-3071 et
HI
M
LAREDO
thelma@porrasnan 956-7243097 78044-1670 ce.com
HI
F
TX
Potential HUB Subcontractors on the CMBL RFP X0008281-DF
1742214090900
1270946943600
1275454796100
1742884551900
1462094388700
1742256623600
1262941288800
1522374916700
1465137961300
1462094308500
1742210137200
1461084175200
POZNECKICAMARILLO, INC. PROJECT MANAGEMENT ASSOCIATES,
5835 Pres./Adalb CALLAGHA erto N RD STE Camarillo 200
Pres./Edwa rd Andrews P.L.L.C. Jennie PTP Taraborelli/ TRANSPORTATION Manager PO BOX LLC Partner 9389 R. GUTIERREZ 130 E. ENGINEERING GUTIERREZ, PARK CORPORATION AVENUE RAMIRO
210-34978228-1224
[email protected] 3273
HI
M
TX
EANDREWS@PMAP 972-3027635 76092 LLC.COM
BL
M
THE WOODLANDS TX
936-4419121
SAN ANTONIO TX 1013 SIENA DRIVE SOUTHLAKE
R.O.W. SURVEYING 1602 SERVICES, LLC Julio Cerda SOLAR DR 2008 NW ROSIN GROUP, MILITARY INC. LILA ROSIN HWY Samuel D. Maldonado 200 S CAGE SAMES, INC. , P.E., RPLS BLVD 2154 W SANDS SURVEYING President / NORTHWES Sheryl Cole T HWY CORPORATION SUITE 204 Susan SMITH TURRIETA, Smith PO BOX PLLC Turrieta 5902 SOUTH TEXAS INFRASTRUCTURE 1602 GROUP, LLC Julio Cerda SOLAR DR STRUCTURAL JESSE S ENGINEERING COVARRUB 3838 NW ASSOCIATES INC IAS LOOP 410 12274 Philip V. BANDERA SURGIS OF TEXAS Hampton, RD., SUITE CORPORATION RPLS 242
PHARR
TX
77387-9389
[email protected] JAIME@RGUTIERRE ZENGINEERING.CO 956-7822557 78577 M
MISSION
TX
[email protected] 956-4512670 78574-2183 m
HI
M
SAN ANTONIO TX
LILA@ROSINGROUP 210-4906001 78213-2130 .COM
WO
F
PHARR
TX
saul@samengineeri 956-70278577-4844 ng-surveying.com 8880
HI
M
DALLAS
TX
Sheryl.Cole@SandS 817-3555253 75220-4220 SurveyingTX.com
WO
F
AUSTIN
TX
susan@smithturriet 512-5699022 78763-5902 a.com
WO
F
TX
[email protected] 956-4512670 78574-2183 m
HI
M
78229
[email protected]
210-7359202
HI
M
Philip@SurGIS78023-4409 Texas.com
210-3675851
WO
F
MISSION
SAN ANTONIO TX
HELOTES
TX
WO
F
HI
M
Potential HUB Subcontractors on the CMBL RFP X0008281-DF
1463845453900
1760445812900
1320082487100
1742864453200
TEXAS LAND SURVEYING, INC.
Nicole Berry
3613 WILLIAMS DR
Debbie 8204 TLC ENGINEERING, Anders281- WESTGLEN INC. 387-6808 DR TOWN AND 25307 N COUNTRY Naomi FREEWAY SURVEYORS, LLC Strauss STE 100 UNINTECH CONSULTING Wan Yu 2431 E ENGINEERS, INC. Elisa Chan EVANS RD
KIMBERLY D. BROOKS / 303 S WHITE HAWK ENGINEERING & PRESIDEN JUPITER T RD 1272670518400 DESIGN, LLC
SUITE 903
512-9301600
GEORGETOWN TX
nicole@texas78628-1377 ls.com
HOUSTON
TX
debbieanders@tlce 713-8686900 77063-6308 ng.com
THE WOODLANDS TX
naomi@tcsurveying 281-4658730 77380 .com
SAN ANTONIO TX
SUITE 100 ALLEN
TX
WO
F
BL
M
WO
F
ECHAN@UNINTECH 210-6416003 78259-2755 .COM
AS
F
KBROOKS@WHIT EHAWKMAIL.CO 469-3426844 75002-3083M
WO
F
Potential HUB Subcontractors on the CMBL RFP X0008281-DF
Class 959 / Item 53
Marine Surveying Services
1201368188200
ACUMEN ENTERPRISES, INC. AMATERRA ENVIRONMENTAL, INC. DERRICK CONSTRUCTION COMPANY, INC. IVY ROD, INC. DBA FRONTIER SURVEYING CO. JAKECO CONSTRUCTION, INC.
1752739090400
MARSHALL LANCASTER & ASSOCIATES, INC.
1752966405800
1453967706300
1742569812700
1760375630900
Wayne Boyter Jill S. Madden VP/Roy M Johnson Pres.CEO/Ivy Young
PO BOX 673 4009 BANISTER LN PO BOX 1046 710 BUFFALO ST 347 ROSE MEADOW DR
SUITE 300
SUITE 700
Nicole Marshall Lancaster, Marketing 1864 & Bus. NORWOOD Develop DR SUITE E
DESOTO
TX
wayne@acumen75123-0673 enterprises.com
AUSTIN
TX
ROCKPORT CORPUS CHRISTI
972-5720701
AI
M
jmadden@amaterra 512-3290031 78704-6853 .com
WO
F
TX
rose@derrickconstr 361-7292423 78381-1046 uction.net
WO
F
TX
ivy@frontiersurveyi 361-8818044 78401-1933 ng.com
WO
F
LA VERNIA
TX
78121-4764
[email protected]
210-7451302
WO
F
HURST
TX
newprojects@mla- 817-2688000 76054-3755 survey.com
WO
F
CONTRACTOR’S QUALIFICATIONS FORM
CONTRACTOR'S Qualifications
TEXAS GENERAL LAND OFFICE/VETERANS LAND BOARD Construction Services, Suite 700 Texas General Land Office 1700 N. Congress Ave. Austin, Texas 78701 Phone: (512) 936-2239 FAX: (512) 475-0675
GLO/VLB PROJECT NO. TAX PAYER ID NO.
Name of Firm and address with zip code on the above lines. Corporation
Partnership
Individual
General
Electrical
Plumbing
HVAC
Fire Sprinkler
Coastal
Area Code and Telephone
Date
Fax Number
CONSTRUCTION CAPABILITIES
Other____
BUSINESS OWNERSHIP INFORMATION HUB?
Yes
No
If yes, CPA HUB Certification Number
Black American
Hispanic American
Native American
American Woman
Asian Pacific
SMALL BUSINESS
Yes
No
FOR CORPORATION ONLY
Date of Incorporation
Name of State(s) in which Incorporated
If not Incorporated in Texas, give Certificate of Authority to do business in Texas
Certificate No.
President's Name
Vice President's Name
Secretary's Name
Treasurer's Name
Date
FOR PARTNERSHIP ONLY Is the partnership:
General
Limited
Association
Date of Organization 1 2 3 Names and addresses of all partners with zip codes on the above lines (use additional sheet if necessary.)
Percent (%) of work done by own staff
No. of permanent employees
Geographical limits of operation
No. years in business
If you have done business under different name please give name and location
Has Firm ever failed to complete project or defaulted on a contract? If so, state where and why on the above lines.
Has Firm ever been engaged in litigation over any contract? If so, explain on the above lines.
GENERAL INFORMATION Questions or concerns regarding this transaction or service should be directed to: Texas General Land Office, Construction Services, Phone: (512) 936-2239, Fax: (512) 475-0675. Formal written complaints may be directed to: Director, Construction Services, Texas General Land Office, Suite 700 1700 N. Congress Ave., Austin, Texas 78701.
CQ Revised 01/08
PRESENT PROJECTS List the major construction projects your firm has underway on this date: (State responsibility as Prime or Subcontractor on each) Project
Prime or Sub.?
Owner
E-mail Address
A/E
E-mail Address
Contract Amount
Percent Complete
Scheduled Completion
COMPLETED PROJECTS List the major construction projects your firm has completed in the past five years, particularly including comparable projects (Note, you may use additional page, printed matter, etc., as long as the information requested is incorporated): Municipal, State and Federal Projects: Project
Other Projects:
Prime or Sub.?
Owner
E-mail Address
A/E
E-mail Address
Contract Amount
Scheduled Actual Comp. Date Comp. Date
INDIVIDUAL EXPERIENCE List the construction experience of the principal individuals of your organization: Name
Present Position or Office
EQUIPMENT List the major equipment owned by the Firm:
Years of Experience
Typical $ Amount
Type of Work Responsible for
MAXIMUM BONDING CAPACITY:
Individual Project
Bonding Company with mailing address and zip code
Phone No.
Aggregate
Bonding Company with mailing address and zip code
Phone No.
Attach Statement of Financial Condition, including Contractor's latest regular dated financial statement or balance sheet which must contain the following items: CURRENT ASSETS: (cash, joint venture accounts, accounts receivable, notes receivable, accrued interest on notes, deposits, and materials and prepaid expenses), net fixed assets and others assets. CURRENT LIABILITIES: (account payable, notes payable, accrued interest on notes, provision for income taxes, advances received from owners, accrued salaries, accrued payroll taxes), other liabilities and capital, (capital stock, authorized and outstanding shares par values, earned surplus)
Date of statement or balance sheet
Name and address with zip code of firm preparing statement
References (Bank and Trade) with addresses and zip codes 1 2 3 APPROVAL Name of Firm (Contractor) Signature of Owner or Officer Title of Person signing
CERTIFICATION STATE OF
)
COUNTY OF
)
M
being duly sworn deposes and says that he or she is
the
of Title
Contractor's Firm Name
and that answers to the foregoing questions and all statements therein contained are true and correct. Sworn to before me this
Notary Public in and for County, State
day of
My Commission expires
CONTRACTOR’S PROPOSAL FORM
CONTRACTOR'S PROPOSAL FORM 1. Proposing Firm's Name:
_________________________________________________
Address
_________________________________________________
City, State, Zip:
_________________________________________________
2. Project Number:
CEPRA Project No. 1569
Project Title:
North Beach Nourishment
Owner:
Texas General Land Office
Project Location:
Corpus Christi, TX
Having carefully examined the RFP, solicitation documents, drawings and specifications for the referenced project, as prepared by HDR Engineering, Inc., as well as the premises and conditions affecting the work, we hereby propose to furnish all labor, materials, and equipment necessary to complete the work for the following amounts and times.
NORTH BEACH NOURISHMENT
3. BASE PRICE Item Description
Quantity
Unit Price
Extended Price
3.1
Mobilization/Demobilization
1 LS
$
$
3.2
Construction Surveying
1 LS
$
$
3.3
Beach Nourishment (Measured in Place. Material from on-site Borrow Site and Contractor Furnished (4) Imported Sand) Acceptance Aerial Photograph
55,000 CY
$
$
1 LS
$
$
3.4
TOTAL BASE PRICE (ITEMS 3.1 THRU 3.4):
$
DOLLARS (Total Base Price in Words)
4. ADDITIVE NO. 1 Item Description Additional Beach Nourishment (Measured in Place. Material from Contractor 4.1 (5) Furnished Imported Sand) , including surveys
Quantity 5,000 CY
Unit Price $
TOTAL ADDITIVE NO. 1 PRICE (ITEM 4.1):
Extended Price $
$
DOLLARS (Total Additive No. 1 Price in Words)
GLO Competitive Sealed Proposal - Page 1 of 3
5. ADDITIVE NO. 2 Item Description Additional Beach Nourishment (Measured in Place. Material from Contractor 5.1 (5) Furnished Imported Sand) , including surveys
Quantity 5,000 CY
Unit Price $
Extended Price $
TOTAL ADDITIVE NO. 2 PRICE (ITEM 5.1):
$
DOLLARS (Total Additive No. 2 Price in Words) 6. ADDITIVE NO. 3 Item Description Additional Beach Nourishment (Measured in Place. Material from Contractor 6.1 (5) Furnished Imported Sand) , including surveys
Quantity 5,000 CY
Unit Price $
TOTAL ADDITIVE NO. 3 PRICE (ITEM 6.1):
Extended Price $
$
DOLLARS (Total Additive No. 3 Price in Words) Notes: (1) Respondent will be required to provide material, labor, and applicable sales tax breakdown on all prices prior to award. (2) Unit Prices are for installed items, and include all costs of materials, labor, profit, overhead, and subsidiary costs. (3) The price for Mobilization/Demobilization shall not exceed 10% of the total Base Price Amount. (4) Fill material for base price beach nourishment shall be measured in place (not through truck tickets, or other methods) and provided from a combination of onsite (owner-furnished) and offsite (contractor furnished) borrow sources. Contractor shall be responsible for all material excavation, loading, and hauling of beach fill material. (5) Fill material for additional beach nourishment shall be measured in place (not through truck tickets, or other methods) and provided from offsite (contractor furnished) borrow sources. Contractor shall be responsible for all material excavation, loading, and hauling of beach fill material. (6) Quantities shown for beach nourishment (Items 3.3, 4.1, 5.1, and 6.1) are maximum contract quantities. Contractor’s pay volumes shall not exceed the amounts shown without a contract adjustment (change order). Contract Time: The Respondent, by the signature of their authorized representative below, further agrees that, if awarded the contract, the work will be substantially complete in the calendar day time indicated herein following the Notice to Proceed date. . Base Time is Additive No. 1 Time is Additive No. 2 Time is Additive No. 3 Time is
Calendar Days. _________ Additional Calendar Days. _________ Additional Calendar Days. _________ Additional Calendar Days.
ADDENDA: Respondent acknowledges receipt of the following Addenda: Number
Dated:
GLO Competitive Sealed Proposal - Page 2 of 3
Date Received:
Major Subcontractors: List below subcontractors and others who will perform at least 15% of the project. A Contractor's Qualification form shall be attached to this proposal form for each firm listed.
_______________________________________
City: _____________________
_______________________________________
City: _____________________
_______________________________________
City: _____________________
RESPECTFULLY SUBMITTED: Authorized Signature:
Printed Name and Title:
Telephone:
Respondent's Corporate Charter No.: If a Corporation, attach a corporation resolution or other official corporate documentation, which states that person signing this proposal is an authorized person to sign for and legally bind the corporation.
GLO Competitive Sealed Proposal - Page 3 of 3
NON-COLLUSION AFFIDAVIT
NON-COLLUSION AFFIDAVIT STATE OF TEXAS COUNTY OF
§
§ §
By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal. Printed Name: Title: Company: Date: SUBSCRIBED and sworn to before me the undersigned authority by of, on behalf of said bidder. Notary Public in and for the State of Texas My commission expires:
Revised April 1999
the
PERFORMANCE BOND
PAYMENT BOND
CERTIFICATE OF INSURANCE
UNIFORM GENERAL & SUPPLEMENTARY CONDITIONS
UNIFORM GENERAL AND SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS Article I – General Contract Definitions...........................................................................................................................2 Article II – General Laws Governing Construction ........................................................................................................3 Article III – Compliance with and Enforcement of Prevailing Wage Laws ..................................................................5 Article IV – Drawings and Specifications .........................................................................................................................7 Article V – Construction Bonds ....................................................................................................................................... 10 Article VI – Insurance Requirements ............................................................................................................................. 12 Article VII – General Responsibilities of Owner and Contractor ................................................................................ 17 Article VIII – Additional Contractor Responsibilities when the Owner Awards Separate Contracts...................... 22 Article IX – The Contractor’s Responsibility for Jobsite Safety .................................................................................. 23 Article X – Materials and Workmanship; Licensing, and Testing ............................................................................... 25 Article XI – Shop Drawings and Submittals .................................................................................................................. 28 Article XII – Inspection of the Project During Construction........................................................................................ 30 Article XIII – Contract Payments ................................................................................................................................... 32 Article XIV – Closing Inspections ................................................................................................................................... 36 Article XV – Early Occupancy ........................................................................................................................................ 38 Article XVI – Contract Final Acceptance and Payment ............................................................................................... 39 Article XVII – Contract Warranty and Guarantee ....................................................................................................... 40 Article XVIII – Good Faith Effort Subcontracting Program (HUBs) ......................................................................... 42 Article XIX – Concealed Site Conditions ........................................................................................................................ 43 Article XX – Change Orders............................................................................................................................................ 44 Article XXI – Administration of Change Order Requests ............................................................................................ 46 Article XXII – Pricing Change Order Work .................................................................................................................. 49 Article XXIII – Time Allotted for Performance; Construction Schedules .................................................................. 51 Article XXIV – Modification of the Contract Time ....................................................................................................... 53 Article XXV – Termination and Suspension of the Contract Prior to Completion .................................................... 56 Article XXVI – Dispute Resolution ................................................................................................................................. 58 Article XXVII – Miscellaneous ........................................................................................................................................ 59
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Article I – General Contract Definitions Unless the context clearly requires another meaning, the following terms shall have the meaning assigned herein: “Architect/Engineer” means a person registered as an architect pursuant to Article 249a, Tex. Civ. Stat. Ann., as a landscape architect pursuant to Article 249c, Tex. Civ. Stat. Ann., and/or a person licensed as a professional engineer pursuant to Article 3271a, Tex. Civ. Stat. Ann., or a firm so qualified to provide architectural/engineering services employed by Owner to provide professional architectural or engineering services and exercising overall responsibility for the design of a Project or a significant portion thereof, and performing certain contract administration responsibilities as set forth in the Contract. “Change Authorization (CA)” means a Change Order Proposal Evaluation (CPE) that has been marked “Accepted” by the ODR and, upon receipt of the CA by contractor, constitutes notice to proceed with the changed work described therein. “Change Order” means a written modification of the Contract between the Owner and Contractor, signed by the Owner, the Contractor, and the Architect/Engineer. “Change Order Proposal Evaluation (CPE)” means a Contractor-generated document in response to a Change Order Request (COR) or Architects Supplemental Instructions (ASI) which states the adjustment necessary to Contract Sum and Time, if any, in response to the changed work described in the Change Order Request (COR). “Change Order Request (COR)” means an Owner-generated document, which describes a change in the Work, including a description, Drawings, and Specifications, as necessary, to inform the Contractor of the nature of the change. “Close-out documents” means the product brochures, product/equipment maintenance and operations instructions, manuals, warranties, as-built record documents, affidavit of payment, release of lien and claim, etc., and as may be further defined or identified and required by the Contract Documents. “Contract” means all of the Contract Documents between the Owner and the Contractor. “Contract Date” is the date the Owner-Contractor Agreement is effective between the Owner and Contractor. “Contract Documents” means the Owner-Contractor Agreement, the Conditions of the Contract (General, Supplementary General and Special Conditions), the Drawings, the Specifications, the Bidding Documents, Advertisement, Invitation and Instruction to Bidders or Request for Proposals, Contractor’s Proposal, Contract Award and all Addenda issued prior to and all approved Change Orders issued after execution of the Contract. “Contractor” means the individual, corporation, company, partnership, firm, or other organization that has contracted to perform the Work under the Contract with Owner. “Contract Sum” means the total compensation payable to the Contractor for completion of the Work in accordance with the Contract Documents as originally contracted for and as subsequently adjusted by Change Order. “Contract Time” means the period between Notice to Proceed and the date scheduled for substantial completion in the Contract Documents, as may be amended by Change Order. Unless otherwise specified in writing contractor shall achieve final completion within thirty (30) days of substantial completion. “Date of Commencement” means the date designated in the Notice to Proceed that Contractor shall commend the Work. This is the same as the Notice to Proceed Date. “Day” means a calendar day, unless otherwise specifically stipulated. “Drawings” mean the work product of the Architect/Engineer that depicts the location and quantity of elements of the Work. “Final Completion” means the date established by the Owner in writing in a certificate when the Contract is fully performed according to the Contract Documents and is acceptable to Owner. Unless otherwise specified in writing contractor shall achieve final completion within 30 days of substantial completion. “Final Inspection” means an inspection conducted to determine that all deficiencies listed on the pre-final Punch List or subsequently have been corrected and that, depending on the outcome of the Final Inspection, it may be appropriate to release retainage and/or make final payment. “Interim Change Authorization (ICA)” means an Owner generated document which authorizes the Contractor to proceed with changed work before acceptance of a CPE, when work must proceed in order to prevent damage to Work in place, to prevent significant delay in the Project Schedule or to maintain safety, or otherwise when determined to be in the interest of the Owner.
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“Owner” means the State of Texas, acting by and through the Texas Veterans Land Board (Board) or the Texas General Land Office (GLO) and any duly authorized representative. “Owner’s Designated Representative (ODR)” means the individual appointed or assigned by the Owner to be its on-site representative during the Project, to exercise certain power on behalf of the Owner and to undertake certain contract administration activities as specifically outlined in the Contract. The ODR may also be referred to as the Project Manager (PM). “Project” means the Work as described by the Contract Documents. “Samples” means the physical examples of materials, equipment, or workmanship, that are representative of some portion of the Work and which establish standards by which the Work will be judged. “Schedule of Values” means the detailed breakdown of the cost of the materials and labor necessary to accomplish the Work as described in the Contract Documents, submitted by Contractor for approval by Owner and Architect/Engineer. “Shop Drawings” means the drawings, diagrams, illustrations, schedules, performance charts, brochures, and other technical data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier, or distributor and which illustrate some portion of the Work. “Site” means the geographical area at the location where the Work is to be performed. “Special Conditions” means the documents containing terms and conditions, which relate to specific project and are peculiar to it. Special Conditions, when used, are a part of the Contract Documents and supersede the Uniform General Conditions to the extent of conflict. “Specifications” means the Architect’/Engineer’s work product which establishes the quality of the products and processes to be used to produce the Work and the Owner’s Division 0 and Division 1 specifications. “Subcontractor” means a person or organization that, as an independent contractor, contracts directly or indirectly with Contractor to perform part or the entire Contract between the Owner and the Contractor. The term does not include the Architect/Engineer. “Substantial Completion” means the date jointly certified by the Contractor, Owner, and Architect/Engineer when the Work or a designated portion thereof, is so sufficiently complete, in accordance with the Contract Documents, as to be functionally operational in all its components, including fire and life safety systems, and fit for the use for which it is intended. “Substantial Completion Inspection” means an inspection conducted to determine that a project, or a portion thereof, is substantially complete as defined herein, and usable for its intended purposes. The Substantial Completion Inspection results in a Pre-Final Punch List. “Supplementary General Conditions” means the standard procedures and contract administration requirements of an individual State contracting agency that alter or expand upon matters covered in the Uniform General Conditions. Supplementary General Conditions, when used, are a part of the Contract Documents and supersede the Uniform General Conditions to the extent of conflict. “Timely” means within forty-eight (48) hours. “Unit Price Work” means Work to be paid for on the basis of unit prices. “Unilateral Change Order (ULCO)” means a Change Order issued by the Owner without the agreement of the Contractor as more fully described in § 20.4. “Work” means all labor, plant, materials, facilities, and all other things, including the construction and services necessary or incidental to fulfill Contractor’s obligations for the Project in conformance with the Contract Documents. NOTE : T HE TERMS “ BID”, “ BIDDER ”, OR SIMILAR TERMS USED IN THIS DOCUMENT ALSO MEAN “ PROPOSAL ”, “ PROPOSER”, OR “ RESPONDENT ” AS APPROPRIATE FOR THE TYPE OF PROJ ECT FOR WHICH THESE G ENERAL C ONDITIONS ARE USED. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article II – General Laws Governing Construction 2.1
Compliance with Laws
In the execution of the Contract Documents and the Work, the Contractor shall comply with all applicable State and Federal Laws, including but not limited to, laws governing labor, equal employment opportunity, safety, environmental protection and prevailing wage rates. The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State, and Local laws, ordinances, and regulations that in any manner affect the conduct of the Work. Except where expressly required otherwise by applicable laws and regulations, neither Owner nor the Architect/Engineer shall be responsible for monitoring Contractor’s compliance with any laws or regulations. Competent evidence of compliance with applicable laws shall be furnished. 2.1.1. The Contractor shall cooperate with city or other governmental officials at all times where their jurisdiction applies. The Contractor shall make application, pay all fees unless they are specifically noted as being paid or being waived by the Owner, and provide supporting documentation necessary to secure permits, which are required for the performance of the Contract Documents and the Work. Contractor has a continuing obligation throughout the term of the Contract to conduct his operation under duly issued permits and, in the event Contractor loses or has revoked a necessary permit or the permit expires, Contractor must take immediate steps to apply for and receive another permit. 2.1.2. Where the Underwriters’ Laboratories have established standards and issued labels for a particular group, class, or type of equipment the Underwriters’ label shall be required on all equipment in that category. The International Building Code, National Electric Code, International Mechanical Code and the International Plumbing Code (latest versions), shall be minimum requirements. Competent evidence of compliance with applicable codes shall be furnished. 2.2
State Sales and Use Taxes
The Owner qualifies for exemption from State and Local Sales and Use Taxes pursuant to the provisions of Chapter 151, Texas Tax Code. The Contractor may claim exemption from payment of applicable State taxes by complying with such procedures as may be prescribed by the State Comptroller of Public Accounts. 2.3
Antitrust Claims
The Contractor hereby assigns to the Owner any and all claims for overcharges associated with this Contract which arise under the antitrust laws of the United State, 15 U.S.C.A. Sec. 1 et seq. 2.4
Venue for Suits
The venue for any suit arising from this Project shall be in a court of competent jurisdiction in Travis County, Texas. 2.5
Licensing of Trades
The Contractor shall comply with all applicable provisions of state law related to required licensing of skilled tradesmen, contractors, materialmen, suppliers and or laborers, as necessary to accomplish the Work. 2.5.1 In the event the Contractor or one of his Subcontractors loses his license for any reason during the term of performance of the Contract, the Contractor shall promptly hire or contract with a licensed provider of the service at no additional cost to the Owner. 2.6
Patents and Copyrights
The Contractor shall be responsible at all times for compliance with applicable patents or copyrights encompassing, in whole or in part, any design, device, material, or process utilized, directly or indirectly, in the performance of the Work. 2.6.1. Whether or not Owner has specified the use of a particular design, devise, material, or process, the Contractor shall pay all royalties and license fees and shall provide, prior to commencement of the Work hereunder, and all time during the performance of same, for the lawful use of any design, device, material, or process covered by letters patent or copyright by suitable legal agreement with patentee, copyright holder or their duly authorized representative.
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2.7
Environmental Regulations
At all times, Contractor shall conduct its activities in compliance with applicable laws and regulations and other requirements of the Contract relating to the environment, and its protection. Owner and Contactor are jointly responsible for obtaining and maintaining permits related to storm water run-off. Contractor covenants to conduct its operations consistent with storm water run-off permit conditions. Contractor shall be responsible for any hazardous materials brought to the site by Contractor, Subcontractor, Suppliers, or anyone else for whom Contractor is responsible. No hazardous materials shall be incorporated into the Work without prior approval of Owner. 2.8
Antiquities
Contractor shall take precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological, or historical significance. No objects of this nature shall be disturbed without written permission of Owner and the Texas Historical Commission. When such objects are uncovered unexpectedly, the Contractor shall stop all Work in close proximity and notify the ODR and the Texas Historical Commission of their presence and shall not disturb them until written permission and permit to do so is granted. All primitive rights and antiquities, as defined in chapter 191, Texas Natural Resource Code, discovered on the Owner’s property shall remain property of State of Texas, the Texas Historical Commission. If it is determined by Owner in consultation with the Texas Historical Commission that exploration or excavation of primitive records or antiquities on Project Site is necessary to avoid loss, Contractor shall cooperate in salvage work attendant to preservation. If the Work stoppage or salvage work causes an increase in the Contractor’s cost of, or time required for, performance of the Work, Contractor may file with the ODR a Notice of Claim as described in §21.1.2.2. 2.9
Franchise Tax Status
The Contractor agrees to execute and provide to the Owner a Certification of Franchise Tax Payment, on a form provided by the Texas Comptroller of Public Accounts. 2.10
Tax payer and Vendor Account Information
The Contractor agrees to execute and provide to the Owner a Taxpayer and Vendor Account Information form as obtained from the Texas Comptroller of Public Accounts stating that the Contractor is in “Good Standing” and not on “Vendor Hold.” REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article III – Compliance with and Enforcement of Prevailing Wage Laws 3.1
Duty to Pay Prevailing Wage Rates
The Contractor shall pay not less than the wage scale of the various classes of labor as shown on the “Prevailing Wage Schedule” as determined by the Owner. The specified wage rates are minimum rates only. The Owner will not consider any claims for additional compensation made by any Contractor because the Contractor pays wages in excess of the applicable minimum rate contained in the Contract. The “Prevailing Wage Schedule” is not a representation that quantities of qualified labor adequate to perform the Work may be found locally at the specified wage rates. 3.1.1. For classifications not shown, workers shall not be paid less than the wage indicated for Laborers. The Contractor shall notify each worker commencing work on the contract the worker’s job classification and the established minimum wage rate required to be paid, as well as the actual amount being paid. The notice must be delivered to and signed in acknowledgement of receipt by the employee and must list both the monetary wages and fringe benefits to be paid or furnished for each classification in which the worker is assigned duties. When requested, competent evidence of compliance with the Texas Prevailing Wage Law, Chapter 2258, Texas Government Code shall be furnished.
3.2
3.1.2.
A copy of each worker wage rate notification shall be submitted to the ODR with the application for progress payment for the period during which the worker began on-site activities.
3.1.3
A copy of the complete certified payroll of the Contractor and its subcontractors shall be submitted to the ODR with each application for progress payment. Prevailing Wage Schedule
The Federal Davis-Bacon Act wage rates shall apply as the “Prevailing Wage Schedule” for all projects, which complies with Chapter 2258 of Texas Government Code. Additionally, if any federal funds are involved in the project, then the Federal Davis-Bacon Act applies in its entirety. Should the Contractor at any time become aware that a particular skill or trade not reflected on the Prevailing Wage Schedule will be or is being employed in the Work, whether by the Contractor or by a subcontractor, the Contractor shall promptly inform the ODR and contact the United States Department of Labor directly to request clarification on wage rates for trades or skills not specifically identified the Prevailing Wage Schedule, however in any event the Contractor shall not pay less than the wage indicated for Laborers. 3.3
Penalty for Violation
The Contractor and any Subcontractor shall pay to the State a penalty of sixty dollars ($60.00) for each worker employed for each calendar day, or portion thereof, that the worker is paid less than the wage rates stipulated in the Prevailing Wage Schedule or any supplement thereto pursuant to §3.2. The Contractor and each Subcontractor shall keep, or cause to be kept, an accurate record showing the names and occupations of all workers employed in connection with the Work, and showing the actual per diem wages paid to each worker, which records shall be open at all reasonable hours for the inspection by the Owner. 3.4
Complaints of Violations of Prevailing Wage Rates 3.4.1. Owner’s Determination of Good Cause. Within 31 days of receipt of information concerning a violation of Chapter 2258, Texas Government Code, the Owner shall make an initial determination as to whether good cause exists to believe a violation occurred. The Owner’s decision on the initial determination shall be reduced to writing and sent to the Contractor or Subcontractor against whom the violation was alleged, and to the affected worker. When a good cause finding is made, the Owner shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the Prevailing Wage Schedule and any supplements thereto, together with the applicable penalties, such amounts being subtracted from successive progress payments pending a final decision on the violation. 3.4.2. Arbitration Required if Violation not Resolved. After the Owner makes its initial determination, the affected Contractor or Subcontractor and worker have 14 days in which to resolve the issue of whether a violation occurred, including the amount that should be retained by Owner or paid to the affected worker. If the Contractor or Subcontractor and affected worker reach an agreement concerning the worker’s claim, the Contractor shall promptly notify the Owner in a written document signed by the worker. If the Contractor or Subcontractor and affected worker do not agree before the 15th day after the Owner’s determination, the Contractor or Subcontractor and affected worker must participate in binding arbitration in accordance with the Texas General Arbitration Act, Chapter 171, Tex. Civ. Prac. & Updated February 4, 2014 Page 6
Rev. Code. The parties to the arbitration have 10 days after the expiration of the 15 days referred to above, to agree on an arbitrator; if by the 11th day there is no agreement to an arbitrator, a district court shall appoint an arbitrator on the petition of any of the parties to the arbitration. 3.4.3. Arbitration Award. If an arbitrator determines that a violation has occurred, the arbitrator shall assess and award against the Contractor or Subcontractor the amount of penalty as provided in §3.3 thereof and the amount owed the worker. The Owner may use any amounts retained under §3.4.1 hereof to pay the worker the amount as designated in the arbitration award. If the Owner has not retained enough from the Contractor or Subcontractor to pay the worker in accordance with the arbitration award, the worker has a right of action against the Contractor and Subcontractor as appropriate, and the surety of either to receive the amount owed, attorney’s fees and court costs. The Contractor shall promptly furnish a copy of the arbitration award to the Owner. 3.5
Prevailing Wage Retainage
Money retained pursuant to §3.4 shall be used to pay the claimant or claimants the difference between the amount the worker received in wages for labor on the Project at the rate paid by the Contractor or Subcontractor and the amount the worker would have received at the general prevailing wage rate as provided by the agreement of the claimant and the Contractor or Subcontractor affected, or in the arbitrator’s award. The full statutory penalty of $60.00 per day of violation per worker shall be retained by the Owner to offset its administrative costs, pursuant to Texas Government Code §2258.023. Any retained funds in excess of these amounts shall be paid to the Contractor on the earlier of the next progress payment or final payment. Provided, however, that the Owner shall have no duty to release any funds to either the claimant or the Contractor until it has received the notices of agreement or the arbitration award as provided under §§3.4.2 and 3.4.3. 3.6
No Extension of Time
If the Owner determines that good cause exists to believe that a violation has occurred, the Contractor shall not be entitled to an extension of time for any delay arising directly or indirectly from of the procedures set forth in §3.4. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article IV – Drawings and Specifications 4.1
Ownership of Drawings and Specifications
All Drawings, Specifications, and copies thereof furnished by the Architect/Engineer are, and shall remain, property of the Architect/Engineer. They are not to be used on any other project by the Contractor and, with the exception of one contract set, are to be returned to the Architect/Engineer, upon request, following completion of the Work. 4.2
Copies Furnished
The Contractor will be furnished free of charge the number of complete sets of the Contract Drawings and Specifications before on-site work commences as provided in the Supplementary General Conditions or Special Conditions. Additional complete sets of Drawings and Specifications, if requested, will be furnished at reproduction cost plus ten percent (10%) handling fee to the one requesting such additional sets. The Contractor shall furnish to the Owner one complete set of Drawings and Specifications, with all addenda properly posted, no later than twenty (20) days after the date of Notice to Proceed. 4.3
Interrelation of Documents
The Drawings depict the location and quantity of elements of the work. The specifications indicate quality. All documents are intended to be complimentary to produce the Work. 4.4
Resolution of Conflicts in Documents 4.4.1. In the event of conflict between or among Drawings and Specifications, the better quality or greatest quantity shall prevail. In the event of conflict among provisions of Specifications, using the CSI format, what is called for in the division of the predominant discipline will govern inconsistent provisions found elsewhere. 4.4.2.
4.5
In the event of conflict among the drawings, the large-scale drawings prevail over the small-scale drawings.
Contractor’s Duty to Review Contract Documents
In order to facilitate its responsibilities for completion of the Work in accordance with and as reasonably inferable from the Contract Documents, prior to commencing the Work, the Contractor shall examine and compare: the Contract Documents; information furnished by the Owner pursuant to §4.7; relevant field measurements made by the Contractor; and any visible conditions at the Site affecting the Work. 4.6
Discrepancies and Omissions in Drawings and Specifications 4.6.1. If in the course of the performance of the obligations in §4.5, the Contractor discovers any errors, omissions or inconsistencies in the Contract Documents, the Contractor shall promptly report them to the Owner and the Architect/Engineer. It is recognized, however, that the Contractor is not acting in the capacity of a licensed design professional, and that the Contractor’s examination is to facilitate construction and does not create an affirmative responsibility to detect errors, omission, or inconsistencies or to ascertain compliance with applicable laws, building codes, or regulations. 4.6.2. The Contractor has no liability for errors, omissions, or inconsistencies described in §§4.5 and 4.6.1 unless the Contractor knowingly failed to report a recognized problem to the Owner. If, however, the Contractor fails to perform the examination and reporting obligations of these provisions, the Contractor shall be responsible for any avoidable costs or direct damages. 4.6.3. The Contractor shall propose the most practical solution to resolve the conflict or omission requiring the minimum schedule and budget impact and furthering the best interest of the project. The Owner and Architect/Engineer shall evaluate the proposed solution and provide a response to Contractor. If the solution prompts changes to the Contract Sum or Contract Time the contract shall be adjusted under Article XX. 4.6.4. Owner makes no representations, express or implied, about the adequacy or accuracy of the drawing, specifications or other Construction Documents provided or their suitability for their intended use. Owner expressly disclaims any implied warranty that the Construction Documents are adequate, accurate, or suitable for their intended use. Updated February 4, 2014 Page 8
4.7
THIS PROVISION HAS BEEN DELETED.
4.8
Requirements for Record Documents 4.8.1. The Contractor shall maintain at the site one copy of all Drawings, Specifications, Addenda, approved Shop Drawings and Contract Modifications, and all project correspondence. The Contractor shall maintain Drawings and Specifications in good order and marked to record all changes made during construction. The Contractor shall keep on the site of Work a copy of the current and updated Contract Drawings and Specifications and shall at all times give the Owner or its representatives and agents access thereto. 4.8.2. Further, the Contractor shall maintain this record set of drawings and specifications to reflect the “AsConstructed” conditions and representations of the Work performed, whether it be directed by Addendum, Change Order, or otherwise, by properly and legibly posting all changes to the documents. All records prescribed herein shall be made available for reference and examination by the Owner and its representatives and agents. 4.8.3. The Contractor shall update the “As-Constructed” drawings and specifications monthly prior to submission of periodic partial pay estimates. Failure to maintain such records shall constitute cause for denial of a progress payment otherwise due. 4.8.4. Prior to requesting Substantial Completion Inspection by the Owner and Architect/Engineer, the Contractor shall furnish a complete set of the “mark-up” blueline “As-Constructed” set maintained at the site and one photocopy of same. Concurrently with furnishing these record blueline drawings, the Contractor shall also furnish a preliminary copy of “As-Constructed” specifications and each operating and maintenance manual (O&M) required by the Contract Documents, for review by the Architect/Engineer and the Owner. The Contractor shall revise the “As-Constructed” drawings and O&M submission in accordance with the Owner’s and Architect/Engineer’s comments until they are accepted. 4.8.5. The Contractor shall provide one (1) set of O&M documents, one (1) set of approved submittals, and other record documents as required approved submittals, and other record documents as required elsewhere in the Contract Documents, including, but not limited to, Article XVI of the UGC and the Pre-Construction Conference Agenda in the Project Manual. Contractor will provide all documents required under this section with correction requested by the Owner and Architect/Engineer. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article V – Construction Bonds 5.1
Performance and Payment Bonds
The Contractor is required to tender to Owner, prior to commencing the Work, performance and payment bonds, as required by Chapter 2253, Texas Government Code. 5.1.1. A Performance Bond is required if the Contract Price is in excess of $100,000. The performance bond is solely for the protection of the state, in the full amount of the Contract and conditioned on the faithful performance of the Work in accordance with the Contract Documents. The form of the bond shall be approved by the Attorney General of Texas. 5.1.2. A Payment Bond is required if the Contract Price is in excess of $25,000. A payment bond is payable to the state, in the full amount of the Contract and solely for the protection and use of payment bond beneficiaries who have a direct contractual relationship with the Contractor or a supplier of required materials or labor. The form of bond shall be approved by the Attorney General of Texas. 5.1.3. Corporate sureties authorized to issue bonds shall be qualified and comply with relevant provisions of the Texas Insurance Code. 5.1.4.
THIS PROVISION HAS BEEN DELETED.
5.1.5. Each bond shall be executed by a corporate surety or sureties authorized to do business in the State of Texas and acceptable to the Owner, and on the Owner’s form. If any bond is for more than ten (10) percent of the surety’s capital and surplus, the Owner may require certification that the company has reinsured the excess portion with one or more reinsurers authorized, accredited, or trusteed to do business in the State. A reinsurer may not reinsure for more than ten (10) percent of its capital and surplus. If a surety upon a bond loses its authority to do business in the State, the Contractor shall within 30 days after such loss furnish a replacement bond at no added cost to the Owner. 5.1.6. Each bond shall be accompanied by a valid Power-of-Attorney (issued by the surety company and attached, signed and sealed with the corporate embosses seal, to the bond) authorizing the attorney in fact who signs the bond to commit the company to the terms of the bond, and stating any limit in the amount for which the attorney can issue a single bond. 5.2
Statutory Compliance
The process of requiring and accepting bonds and making claims thereunder shall be conducted in compliance with Chapter 2253 of the Texas Government Code. 5.3
Additional Copies
Owner shall furnish copies of a payment bond and the related Contract to any qualified person seeking copies who complies with §2253.026, Texas Government Code. 5.4
Claims on Payment Bonds
Claims on payment bonds must be sent directly to the Contractor and his surety in accordance with §2253.041, Texas Government Code. All Payment Bond claimants are cautioned that no lien exists on the funds unpaid to the Contractor on such Contract, and that reliance on notices sent to the Owner may result in loss of their rights against the Contractor and/or his surety. The Owner is not responsible in any manner to a claimant for collection of unpaid bills, and accepts no such responsibility because of any representation by any agent or employee. 5.5
Payment Claims when Payment Bond not Required
When the value of the Contract between the Owner and the Contractor is less than $25,000.00, claimants and their rights are governed by Texas Property Code, §§53.231 – 53.239. These provisions set out the requirements for filing a valid lien on
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funds unpaid to the Contractor as of the time of filing the claim, actions necessary to release the lien and satisfaction of such claims. 5.6
Licensed Sureties
Sureties shall be listed on the Department of Treasury’s Listing of Approved Sureties stating companies holding Certificates of Authority as acceptable sureties on Federal Bonds and acceptable reinsuring companies (Department Circular 570). REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article VI – Insurance Requirements 6.1
Insurance Requirements 6.1.1 The Contractor shall carry insurance in the types and amounts indicated in this Article for the duration of the Contract, which shall include items owned by Owner in the care, custody, and control of Contractor prior to, during construction and during the warranty period. Contractor must also complete and file the declaration pages from the insurance policies with Owner whenever a previously identified policy period expires during the term of the Contract, as proof of continuing coverage. Acceptance of the insurance policy declaration pages by the Owner shall not relieve or decrease the liability of the Contractor. Contractor shall update all expired policies prior to submission for monthly payment. Failure to update policies shall be reason for payment to be withheld until evidence for renewal is provided to the Owner. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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6.1.2 Unless otherwise provided for in Supplementary General Conditions, the Contractor shall provide and maintain, until the Work covered in this Contract is completed and accepted by the Owner, the minimum insurance coverages in the minimum amounts as described below. Coverage shall be written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and rated A- or better by A.M. Best Company, or otherwise acceptable owner. TYPES OF COVERAGE LIMITS OF LIABILITY a. Worker’s Compensation Statutory b. Employer’s Liability Bodily Injury by Accident $500,000 Ea. Accident Bodily Injury by Disease $500,000 Ea. Employee Bodily Injury by Disease $500,000 Policy Limit c. Commercial General Liability, including coverage for the following: Premises Operations Independent Contractors Products/Completed Operations Personal Injury Combined single limit for bodily injury and property damage of $1,000,000 per occurrence or its equivalent Contractual Liability Explosion, Collapse, Underground Broad form property damage, to include fire legal liability d. Business Automobile Liability owned/leased, owned, hired Combined single limit for Non-Bodily Injury and Property Damage of $1,000,000 per occurrence or its equivalent. e. Owner’s Protective Liability Insurance Policy, naming the State of Texas, its employees, and the Architect/Engineer as insured with the following limits: Bodily Injury $1,000,000 Each Occurrence $1,000,000 Aggregate f. Builder’s Risk Insurance An all risk policy, in the amount equal at all times to 100% of the Contract Sum. The policy shall include coverage for loss or damage caused by certified acts of terrorism as defined in the Terrorism Risk Insurance Act. The policy shall be issued in the name of the Contractor and shall name his Subcontractors as additional insureds. The Owner shall be named as a loss payee on the policy. The builders risk policy shall have endorsements as follow: 1. This insurance shall be specific as to coverage and not considered as contributing insurance with any permanent insurance maintained on the present premises. If off site storage is permitted, coverage shall include transit and storage in an amount sufficient to protect property being transported or stored. 2. For renovation projects and or portions of work contained within an existing structure, the Owner waives subrogation for damage by fire to existing building structure(s), if the builder’s risk policy has been endorsed to include coverage for existing building structure(s) in the amount described in the Special Conditions. However, Contractor shall not be required to obtain such an endorsement unless specifically required by the Special Conditions. In this Agreement the aforementioned waiver of subrogation shall not be effective unless such endorsement is obtained. g. Flood insurance when specified in Supplementary General Conditions or Special Conditions. h. Umbrella coverage when specified in Supplementary General Conditions or Special Conditions. 6.1.2.1: T HE ABOVE INSURANCE REQUIREMENTS ARE NOT INTENDED TO BE COMPOUNDED WITH THE C ONTRACTOR ’S STANDING INSURANCE POLICIES. I F THE C ONTRACTOR ALREADY HAS IN FORCE INSURANCE POLICIES WHICH PROVIDE THE REQUIRED COVERAGE , THERE IS NO NEED TO PURCHASE DUPLICATE COVERAGE FOR THIS PROJ ECT . 6.1.3.
Policies must include the following clauses, as applicable
a. “This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after 30 days’ prior written notice, or ten (10) days for non-payment of premium, has been given to the Owner.” Updated February 4, 2014 Page 13
b. “It is agreed that the Contractor’s insurance shall be deemed primary with respect to any insurance or self insurance carried by the state agency for liability arising out of operations under the Contract with the Owner.” c. “The Owner, its officials, directors, employees, representatives, and volunteers are added as additional insured as respects operations and activities of, or on behalf of the named insured performed under contract with the Owner.” This is not applicable to the workers’ compensation policy. d. “The workers’ compensation and employers’ liability policy will provide a waiver of subrogation in favor of the Owner.” 6.1.4. a.
Workers’ Compensation Insurance Coverage Definitions “Certificate of coverage” or “certificate” – A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Department of Insurance Division of Workers Compensation, or a coverage agreement (DWC-81, DWC-82, DWC-83, or DWC-84), showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on a project, for the duration of the project. “Duration of the project” – includes the time from the beginning of the work on the project until the Contractor’s/person’s work on the project has been completed and accepted by the governmental entity. “Coverage” – Workers’ compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). “Persons providing services on the project” or “subcontractor” in §406.096 – includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes without limitation independent Contractors, Subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnished persons to provide services on the project. “Services” include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. “Services” does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
b. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. Updated February 4, 2014 Page 14
f. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Department of Insurance Division of Workers Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. i. The Contractor shall contractually require each person with whom it Contracts to provide services on a project to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4)
obtain from each other person with whom it contracts, and provide to the Contractor: a)
a certificate of coverage, prior to the other person beginning work on the project; and
b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require that each person with whom it contracts, to perform as required by paragraphs (i)-(vii), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers’ compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission’s Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. k. The Contractor’s failure to comply with any of these provisions is a breach of Contract by the Contractor which entitles the governmental entity to declare the Contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.
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6.1.5. If insurance policies are not written for the amounts specified in §6.1.2, Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of primary coverage. 6.2
Modifications
The furnishing of the above listed insurance coverage, as may be modified by Supplementary General Conditions or Special Conditions, must be tendered prior to the execution of the Contract, and in no event later than ten (10) days from Notice of Award unless mutually agreed between Owner and Contractor. Failure to provide the insurance in a timely fashion may result in loss of Contractor’s bid bond. 6.3
Copies
Owner shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements as they apply to the limits set out in §6.1.2. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article VII – General Responsibilities of Owner and Contractor 7.1
Owner’s General Responsibilities 7.1.1. Generally. The Owner is the entity identified as such in the Contract and is referred to throughout the Contract Documents as if singular in number. 7.1.2. Preconstruction Conference. Prior to, or concurrent with, the issuance of Notice to Proceed, a conference will be held attended by the Owner, Contractor, Architect/Engineer, and Subcontractors, as appropriate, to establish a working understanding among the parties as to the Work, the operational conditions at the project site, and general administration of the project, including communications, schedules, procedures for handling Show Drawings, and other submittals, processing Applications for Payment, maintaining required records and all other matters of importance to the administration of the Project and effective communications on Site. 7.1.3. Owner’s Designated Representative. Prior to the start of construction, Owner shall designate the Owner’s Designated Representative (ODR), who shall have express authority to act and bind the Owner to the extent and for the purposes described in the various Articles of the Contract, including responsibilities for general administration of the Contract. Unless otherwise specifically provided for, the ODR is the single point of contact between the Owner and Contractor. Notice to the ODR, unless otherwise noted, constitutes notice to the Owner under the Contract. 7.1.4. Owner’s Requirements. The Owner shall furnish all surveys describing the physical characteristics, legal description and limitations, site utility locations and other information under the Owner’s control to the Contractor. Necessary actions of the Owner, including processing of payments to the Contractor, shall be accomplished with reasonable promptness and subject to Article XIII hereof. The Owner shall pay for all routine testing of materials agreed by the Owner and the Architect/Engineer to be required by the Contract Documents, except when for retesting of materials failing the initial test is required, in which instance the cost of reinspection will be paid for by the Contractor; provided, however, any special testing which is specifically required in the scope of work and listed in a technical section of the specifications shall be paid by the Contractor. 7.1.5. Owner supplied materials and information. Information, equipment, or services under the Owner’s control shall be furnished by the Owner to the Contractor with reasonable promptness to avoid delay in orderly progress of the work. 7.1.6. Availability of Lands. Owner shall furnish, as indicated in the Contract Documents, all required rights to use the lands upon which the Work is to be performed, rights-of-way, and easements for access thereto, and such other lands that are designated for use by Contractor. Owner shall identify any encumbrances or restrictions specifically related to use of lands so furnished with which Contractor will have to comply. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract Documents. If Owner fails to furnish these lands, rights of way or easements in a timely manner, Contractor may make a claim under Article XXI in the event that one or more of the Contractor’s critical path activities in the approved construction schedule has/have been materially delayed by the Owner’s action, and provided that the Contractor can furnish proof of the delays satisfactory to the Owner and A/E. 7.1.7. Other Governing Authorities. The foregoing listing is in addition to the specific duties and authority of Owner and the ODR found in other Articles of the Contract.
7.2
Limitation on Owner’s and ODR’s Duties
Owner and ODR will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, technologies, sequences, or procedures of construction or the safety precautions and programs incident thereto. Owner and ODR are not responsible for any failure of Contractor to comply with laws and regulations applicable to furnishing or performing the Work. Owner and ODR are not responsible for the failure of Contractor to perform or furnish the Work in accordance with the Contract Documents. Owner and ODR are not responsible for the acts or omissions of Contractor, or of any Subcontractor, any supplier, or of any other person or organization performing or furnishing any of the Work.
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7.3
Role of Architect/Engineer 7.3.1. In General. Unless otherwise provided for in the Contract Documents, the Architect/Engineer will perform the duties of the Architect/Engineer as described in this Contract during construction and until final payment, including advising the ODR on matters where assistance is needed. The assignment of any authority, duties, or responsibilities to the Architect/Engineer under the Contract Documents, or under any agreement between Owner and Architect/Engineer, or any performance thereof by Architect/Engineer is for the exclusive benefit of Owner and not for the benefit of Contractor, any Subcontractors, suppliers or their respective employees or sureties. 7.3.2. Authority. The Architect/Engineer has the authority to act on behalf of the Owner to the extent provided for in the Contract Documents, unless otherwise modified by written instrument that will be furnished to the Contractor. The Architect/Engineer will advise and consult with the Owner, and the Owner’s instructions to the Contractor will generally be issued through the Architect/Engineer, except that the Owner reserves the right on occasions, as deemed appropriate by the Owner, to issue instructions directly to the Contractor through the ODR. 7.3.2.1. All written communications between the Owner, Contractor, and the Architect/Engineer concerned with the construction of the Project shall be furnished to the Owner’s Designated Representative (ODR), the Architect/Engineer, and the Contractor by the party originating the communication. 7.3.2.2. All oral directives to the Contractor shall be given through the Owner’s Designated Representative (ODR) or the Architect/Engineer and shall be promptly confirmed in writing by the Contractor. 7.3.3. Instruction. All instructions affecting the Contract Sum, Contract Time or contract interpretation, shall be confirmed expeditiously in writing with copies furnished to the Architect/Engineer, the ODR, and the Contractor by the party issuing the instruction. No instruction affecting the Architect/Engineer’s design liability shall be issued without the Architect/Engineer’s prior written consent. 7.3.4. Interpretation. The Owner and the Architect/Engineer with the Owner’s consent shall interpret Contract requirements and have the authority to reject work performed by the Contractor which, in the opinion of the Owner or the Architect/Engineer, does not meet the requirements of the Contract Documents. Architect/Engineer shall communicate with the ODR upon discovery of non-compliant Work and shall provide a recommendation upon request for review by the ODR. The ODR, or the Architect/Engineer with the ODR’s consent, shall order in writing such work removed and replaced in accordance with Article XII. 7.3.5. Visits of Site. Architect/Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Architect/Engineer deems necessary or as provided in Architect/Engineer’s Contract with Owner, in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Architect/Engineer will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Architect/Engineer will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work, unless otherwise noted. The Architect/Engineer’s efforts will be directed toward providing the Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on-site observations, Architect/Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work. Architect/Engineer visits and on-site observations are subject to all the limitations on Architect/Engineer’s authority and responsibility set forth in §7.4. 7.3.6. Clarifications and Interpretations. Architect/Engineer may determine that written clarifications or interpretations of the requirements of the Contract Documents (in the form of drawings or otherwise) are necessary. Such written clarifications or interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents, will be issued with reasonable promptness to the Contractor as Architect’s Supplemental Instruction (ASI). If Owner or Contractor believes that a written clarification or interpretation justifies an adjustment in the Contract Sum or the Contract Time, Owner and Contractor may make a claim therefore as provided in Articles XX and XXI. 7.3.7. Other Governing Authorities. The duties listed above are in addition to other duties, responsibilities, and actions to be undertaken by Architect/Engineer as specified in other Articles of the Contract.
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7.4
Limitations on Architect/Engineer Authority
Architect/Engineer will not supervise, direct, control or have authority over or be responsible for Contractor’s means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto. Architect/Engineer is not responsible for any failure of Contractor to comply with laws and regulations applicable to the furnishing or performing the Work. Architect/Engineer is not responsible for Contractor’s failure to perform or furnish the Work in accordance with the Contract Documents. Architect/Engineer is not responsible for the acts or omissions of Contractor, or of any Subcontractor, any supplier, or of any other person or organization performing or furnishing any of the Work. 7.5
Contractor’s General Responsibilities 7.5.1. Generally. The Contractor 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 Contractor shall supervise and direct the Work using the best skill and attention to assure that each element of the Work conforms to the Contract requirements. The Contractor shall be solely responsible for all construction means, methods, techniques, safety, sequences, and procedures, and for scheduling and coordinating all portions of the Work under the Contract. Contractor shall be responsible to see that the completed Work complies accurately with the Contract Documents. 7.5.1.1 The Contractor shall provide project administration in accordance with provisions of Division I Specifications and as outlined in the Pre-Construction Conference. 7.5.2. Contractor’s Superintendent. The Contractor shall employ a competent resident superintendent who shall be in attendance at the Project Site during the progress of the Work. The superintendent shall be satisfactory to the Owner, and shall not be changed except with the written approval of the Owner unless he leaves the employment of the Contractor. The superintendent shall represent the Contractor at the Site and shall have full authority to act on behalf of the Contractor including, but not limited to, signature authority for progress payments and change order. All communications given to the superintendent shall be binding on Contractor. All oral communications affecting Contract Time, Contract Sum and contract interpretation will be confirmed in writing to Owner. 7.5.3. Labor. Contractor shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. 7.5.4. Services, Materials, and Equipment. Unless otherwise specified in the Supplementary General Conditions, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. The Contractor shall provide, without extra charge, all incidental items required as a part of the Work, even though not particularly specified or indicated in the Contract. 7.5.5. No Substitutions Without Approval. The Contractor may make substitutions only with the consent of the Owner, within 30 days from the Notice to Proceed, and after evaluation and recommendation by the Architect/Engineer and in accordance with a Change Order. If the Contractor has good reason for objecting to the use of a material, appliance, or method of construction as shown or specified, it shall register its objections with the Architect/Engineer in writing, sending a copy to the Owner; otherwise, it shall proceed with the Work with the understanding that a satisfactory job is required. 7.5.6. Documents and Samples at the Site. The Contractor shall maintain at the site for the Owner one record copy of the Drawings, Specifications, addenda, Change Orders and other modifications, in good order and marked currently to record field changes and selections made during construction, and one record copy of approved Shop Drawings, Samples and similar required submittals. These shall be available to the Architect/Engineer and shall be delivered to the Architect/Engineer for submittal to the Owner upon completion of the Work or Contractor’s request for Substantial Completion Inspection. 7.5.7. Non-Compliance. Should Work be identified by either the Architect/Engineer and/or the ODR as not being in compliance with the Contract Documents, the ODR shall communicate the finding to Contractor, either directly or through the Architect/Engineer, and such Work shall be corrected by the Contractor at its expense. The approval of Work by either the Architect/Engineer or ODR does not relieve the Contractor from compliance with all requirements of the
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Contract Documents where such requirements are not judged at the time of observation of the Work due to work sequences by the Contractor or the lack of time to judge the performance characteristics of the particular Work item. 7.5.8. Subcontractors. Contractor shall not employ any Subcontractor, supplier or other person or organization, whether initially or as a substitute, against whom Owner may have reasonable objection. Owner will communicate such objections in writing. If a rejection causes a change to the Contract Sum, Contractor may file a contractor-initiated Type I change claim under Article XX. Contractor shall not be required to employ any Subcontractor, supplier or other person or organization to furnish any of the work to whom Contractor has reasonable objection. Contractor will not substitute Subcontractors without the approval of Owner. 7.5.8.1. Contractor shall enter into written agreements with all Subcontractors and suppliers which specifically bind the Subcontractors and suppliers to the terms and conditions of the Contract Documents for the benefit of the Owner and the Architect/Engineer. 7.5.8.2. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor. Contractor shall require all Subcontractors, suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with Owner through Contractor. 7.5.8.3. The Contractor shall furnish to the Owner a copy of each first-tier subcontract promptly after it has been executed. The Contractor agrees that the Owner has no obligation to review or approve the content of such contracts and that providing the Owner such copies shall in no way relieve the Contractor of any of the terms and conditions of the Contract, including, without limitation, any provisions of the Contract which require the Subcontractor to be bound to the Contractor in the same manner in which the Contractor is bound to the Owner. 7.5.9. Continuing the Work. Contractor shall carry on the Work and adhere to the progress schedule during all disputes, disagreements, or alternative resolution processes with Owner. No Work shall be delayed or postponed pending resolution of any disputes, disagreements, or processes, except as Owner and Contractor may agree in writing. 7.5.10. Cleaning. The Contractor shall at all times keep the Site and the Work clean and free from accumulation of waste materials or rubbish caused by the construction activities under the Contract. Upon completion of the Project, and prior to the final inspection, the Contractor shall have the Work in a neat and clean condition. 7.5.11. Acts and Omissions of Contractor, his Subcontractors and employees. The Contractor shall be responsible for acts and omissions of his employees and his Subcontractors, their agents and employees. The Owner may, in writing, require the Contractor to remove from the Work any of its or its Subcontractor’s employees that the Owner’s representative finds to be careless, incompetent, or otherwise objectionable. 7.5.12. I NDEMNIFICATION OF O WNER . C ONTRACTOR COVENANTS AND AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS, THE O WNER AND THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, VOLUNTEERS, AND REPRESENTATIVES OF THE O WNER , INDIVIDUALLY OR COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE , INCLUDING BUT NOT LIMITED TO , PERSONAL OR BODILY INJ URY, DEATH AND PROPERTY DAMAGE , MADE UPON THE O WNER DIRECTLY OR INDIRECTLY ARISING OUT OF , RESULTING FROM OR RELATED TO C ONTRACTOR ’S ACTIVITIES UNDER THIS C ONTRACT , INCLUDING ANY ACTS OR OMISSIONS OF C ONTRACTOR , ANY AGENT , OFFICER , DIRECTOR , REPRESENTATIVE , EMPLOYEE , CONSULTANT OR SUBCONTRACTOR OF C ONTRACTOR , AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS AND REPRESENTATIVES WHILE IN THE EXERCISE OF PERFORMANCE OF THE RIGHTS OR DUTIES UNDER THIS C ONTRACT . T HE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE NEGLIGENCE OF O WNER , OFFICERS OR EMPLOYEES, SEPARATE CONTRACTORS OR ASSIGNED CONTRACTORS, IN INSTANCES WHERE SUCH NEGLIGENCE CAUSES PERSONAL INJ URY, DEATH , OR PROPERTY DAMAGE . I N THE EVENT C ONTRACTOR AND O WNER ARE FOUND J OINTLY LIABLE BY A COURT OF COMPETENT J URISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF T EXAS, WITHOUT , HOWEVER , WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE STATE UNDER T EXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER T EXAS LAW .
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7.5.12.1. T HE PROVISIONS OF THIS I NDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE , TO ANY OTHER PERSON OR ENTITY. C ONTRACTOR SHALL PROMPTLY ADVISE THE O WNER IN WRITING OF ANY CLAIM OR DEMAND AGAINST THE O WNER OR C ONTRACTOR KNOWN TO C ONTRACTOR RELATED TO OR ARISING OUT OF C ONTRACTOR ’S ACTIVITIES UNDER THIS C ONTRACT .
7.5.12.2.
7.5.12.3
O WNER RESERVES THE RIGHT TO PROVIDE ITS OWN DEFENSE TO ANY SUIT OR CLAIM OF INFRINGEMENT OF ANY PATENT OR COPYRIGHT , IN WHICH EVENT THE C ONTRACTOR SHALL INDEMNIFY AND SAVE HARMLESS THE O WNER FROM ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES AND J UDGMENTS, ARISING FROM SUCH DEFENSE . 7.5.13. Site Conditions. The Contractor will operate and maintain operations areas and associated storage areas at the Site of the Work in accordance with the following: 7.5.13.1. All Contractor operations, including storage of materials and employee parking upon the Site of Work, shall be confined to areas designated or agreed to by the Owner. 7.5.13.2. The Contractor may erect temporary buildings at its expense, which shall remain its property. The Contractor shall remove such buildings and associated utilities service lines upon completion of the Work, unless the Contractor requests and the Owner provides written consent that it may abandon such buildings and utilities in place. 7.5.13.3. The Contractor will use only established roadways or construct and use such temporary roadways as may be authorized by the Owner. Load limits of vehicles shall not exceed the limits prescribed by appropriate regulations of law. The Contractor will provide protection to road surfaces, curbs, sidewalks, trees, shrubbery, sprinkler systems, drainage structures and other like existing improvements to prevent damage, and any damage thereto shall be repaired by and at the expense of the Contractor. 7.5.14. routes.
Access. The Owner may restrict the Contractor’s entry to the site to specifically assigned entrances and
7.5.15. Site Conditions. The Contractor shall at all times keep construction areas, including storage areas used by it, free from the accumulation of water, waste materials, or rubbish during performance of the Work. During the period of construction, and not less frequently than once a week, the Contractor shall remove from the Site any and all waste materials, rubbish, and trash, and shall dispose of such waste materials, rubbish, and trash off the property of the Owner. Prior to the Contractor’s requested date for a pre-final inspection, the Contractor shall remove any and all remaining equipment from the site and shall leave the premises in a clean, neat, and workmanlike condition satisfactory to the Owner. 7.5.16. Royalties and Patents. The Contractor shall pay all royalties and license fees, and defend all suits or claims for infringement of any patent rights and shall save the Owner and its representatives harmless from loss on account thereof. 7.5.17. Other Governing Authorities. The duties listed above are in addition to the duties, responsibilities, and activities to be undertaken by Contractor as specified throughout the Articles of the Contract. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article VIII – Additional Contractor Responsibilities when the Owner Awards Separate Contracts 8.1
Separate Contracts
The Owner reserves the right to award other contracts in connection with other portions of the Project under these or similar contract conditions. The Owner reserves the right to perform operations related to the Project with Owner’s own forces. Each separate contractor shall undertake to indemnify the Owner as set forth in §7.5.12. 8.1.1. Generally. When separate contracts are awarded for different portions of the Project, “the Contractor” in the Contract Documents in each case shall be the Contractor who signs each separate Contract. This Contractor shall cooperate with the separate contractors and Owner’s own forces. This Contractor shall properly connect and coordinate its Work with the work of the separate contractors as defined in these Contract Documents. If any part of this Contractor’s work depends for proper execution or proper results on the work of any of the separate contractors, this Contractor shall inspect and promptly report in writing to the ODR any visually apparent discrepancies or defects found in such other work that render it unsuitable for such proper execution and results. Failure of this Contractor to so inspect and report the visually apparent discrepancies or defects shall constitute an acceptance of the separate contractor’s work as fit and proper to receive the Contractor’s Work, except as to defects which may develop in the separate contractor’s work after the execution of this Contractor’s Work. 8.1.2. Delay of Damages. Should this Contractor cause delay or damage to the Work or property of any separate contractor on the Project, this Contractor shall, upon due written notice, endeavor to settle with the separate contractor by agreement. If such separate contractor does not settle with this Contractor, the Owner shall initiate a Dispute Resolution process and each party to the dispute shall be financially accountable for any damages or loss based on their proportionate fault determined by the Dispute Resolution process. 8.1.3. Access. This Contractor shall afford the Owner, the Architect/Engineer, the separate contractors and Owner’s own forces, as necessary, with the reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work. 8.1.4. Owners Rights. The Owner reserves the right to make essential installations that are pertinent to the early use of the building or project. Within this right, the Owner may let other contracts or may do such work with its own labor forces and materials. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other Contractor or supplier, or by Owner’s employees. The Contractor shall cooperate to the end that the Owner may realize complete functioning of the building or project on the day of substantial completion. 8.2
Coordination
The Owner shall provide for coordination of the activities of the Owner’s own forces and of each separate contractor with the Work of this Contractor, who shall cooperate with them. This Contractor shall participate with other separate contractors and the Owner in reviewing the respective construction schedules, when directed to do so. This Contractor shall make any revisions to his construction schedule as necessary, after receiving Owner’s instruction. 8.3
Liability
The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction by the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction by a separate contractor. Contractor may make claim for such amounts as outlined in Articles XX. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article IX – The Contractor’s Responsibility for Jobsite Safety 9.1
Generally
Unless otherwise specified in the Specifications, Contract Documents, or Supplementary General Conditions, Contractor shall be responsible for initiating, maintaining, supervising, and enforcing all safety precautions and programs in connection with the Work. It shall be the duty and responsibility of the Contractor and all of its Subcontractors to be familiar and comply with all requirements of Public Law 91-596, 29 U.S.C. §§ 651 et. seq., the Occupational Safety and Health Act of 1970, (OSHA) and all amendments thereto, and to enforce and comply with all of the provisions of the Act. Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property to protect them from damage, injury, or loss and shall erect and maintain all necessary safeguards for such safety and protection. 9.1.1 Notification. Contractor shall notify owners of adjacent property and of underground facilities, and utility owners when prosecution of the Work may affect them or their facilities, and shall cooperate with them in the protection, removal, relocation, and replacement of their facilities and/or utilities. 9.2
Emergency
In any emergency affecting the safety of persons or property, the Contractor shall act reasonably to prevent threatened damage, injury, or loss. Contractor shall give the ODR and Architect/Engineer prompt notice if Contractor believes that any significant changes in the Work or variations from Contract Documents have been caused by its emergency response. Any additional compensation or extension of time claimed by the Contractor resulting from emergency work shall be considered in accordance with Articles XX and XXI. 9.2.1 Required Response. Authorized agents of Contractor shall respond immediately to call out at anytime of day or night when circumstances warrant the presence of Contractor to protect the Work or adjacent property from damage, restriction or limitation or to take such action pertaining to the Work as may be necessary to provide for the safety of the public. Should Contractor fail to respond, Owner is authorized to direct other forces to take action as necessary and Owner may deduct any cost of remedial action from the funds due the Contractor under the Contract. 9.3
ODR Notification
In the event of an incident or accident involving outside medical care or a lost time injury to an individual on or near the Work, Contractor shall notify the ODR as soon as possible within 24 hours of the event. Contractor shall record the location of the event, the circumstances surrounding the event, by using photography or other means, and shall gather witness statements and other documentation that describes the event. Contractor shall supply the ODR and Architect/Engineer with a set of incident investigation documents no later than 36 hours after the occurrence of the event. In the event of a catastrophic incident (one fatality or three workers hospitalized), the scene of the incident shall be barricaded and left intact until all investigations are completed. Contractor shall be responsible for coordinating the exchange of material safety data sheets or other hazard communication information required to be made available to, or exchanged between or among, employees at the site in connection with laws and regulations. 9.4
Environmental Safety and Control
Upon encountering any previously unknown potentially hazardous material, or other materials potentially contaminated by hazardous material, the Contractor shall immediately stop work in and secure the affected area, and notify the ODR. All subcontracts shall expressly bind subcontractors to the same duty. On receiving such notice, the ODR shall promptly engage qualified experts to make such investigations and conduct such tests as may be reasonably necessary to determine the existence or extent of any environmental hazard. As soon as possible upon completion of this investigation, the ODR shall issue a written report to the Contractor identifying the material or materials found and indicating any necessary steps to be taken to treat, handle, transport or dispose of the material. The Owner may hire third-party contractors to perform any or all such steps. Should compliance with the ODR’s instructions result in an increase in the Contractor’s cost of performance, or delay the Work, an adjustment in the contract price or time may be claimed by the Contractor pursuant to the provisions of Article XX, XXI, XXII and XXIII. 9.4.1. Notification. Contractor shall be responsible for coordinating the exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in connection with laws and regulations. Updated February 4, 2014 Page 23
9.5
Trenching Safety
Trenching safety precautions are, applicable only if the project requires excavation that exceeds a depth of five (5) feet, shall comply with the following: 9.5.1. Trenching Plan. The Contractor will submit a trenching plan to the Owner within 15 days after bid opening. The plan will be approved and sealed by a professional engineer registered in the State of Texas and employed by the Contractor. Said engineer cannot be anyone who is employed on this project by the Owner or the Owner’s Architect or Engineer. Receipt of the plan is prerequisite to award of a Contract. Failure to submit a plan as required will result in forfeiture of the bid bond. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article X – Materials and Workmanship; Licensing, and Testing 10.1
10.1
Materials and Workmanship
The Contractor warrants and guarantees that all Work shall be executed in a good workmanlike matter in accordance with the Contract Documents, complete in all parts and in accordance with approved practices and customs. Unless otherwise specified, all materials and equipment incorporated into the Work under Contract shall be new. 10.2
Contractor’s Warranty of Workmanship
10.2.1.
Limits on Warranty. Contractor’s Warranty and guarantee hereunder excludes defects or damage caused by:
a.
Abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, suppliers, or any other individual or entity for whom Contractor is responsible, or
b.
Normal wear and tear under normal usage.
10.2.2. Events Not Affecting Warranty. Contractor’s obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: a. b. c. d. e. f. g. 10.3
Observations by Owner and/or Architect/Engineer; Recommendations to pay any progress or final payment of Architect/Engineer; The issuance of a certificate of Substantial Completion or any payment by Owner to Contractor under the Contract Documents; Use or occupancy of the Work or any part thereof by Owner; Any acceptance by Owner or any failure to do so; Any review of a Shop Drawing or sample submittal; or Any inspection, test, or approval by others.
Routine Testing
If the Contract Documents, laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction require any work to be inspected, tested, or approved, the Contractor shall give the Owner and the Architect/Engineer timely notice of its readiness and of the date arranged so the Architect/Engineer may observe such inspection, testing, or approval. Should the material or work fail to comply with the requirements of the Contract Documents, the Contractor shall bear all costs of the testing, inspection, or approval as well as the cost of replacement of unsatisfactory material or Work as provided by Article XII; otherwise, the Owner shall bear such costs and an appropriate change order shall be issued. 10.3.1. Responsibility. The costs of routine testing shall be borne by the Owner, but the Contractor shall be responsible for the cost of material tested. When directed by the Owner or Architect/Engineer, demonstration of a material’s compliance with the specifications shall be made by one of the following: a. Manufacturer’s certificate of compliance. b. Mill certificate. c. Testing laboratory certification. d. Report of actual laboratory test from the Owner’s laboratory or from a laboratory satisfactory to the Owner. Samples tested shall be selected by or in the presence of the Owner and the method of testing shall comply with the professional societies’ standard specifications. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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10.3.2. Necessity. Materials incorporated into the Project may be subject to routine tests as specified or as deemed necessary by the ODR or the Architect/Engineer to ensure their compliance with the specifications. Materials to be tested may include, but are not limited to, the following: a. b. c. d. e. f.
Concrete – Primary mix design, slump tests and cylinder compression tests. Steel – Tensile tests. Welds – Field inspection and X-ray equipment. Soils – Subsoil investigation, physical analysis, and compaction tests. Pavement – Physical analysis and compaction tests. Roofing – Samples cut from in-place roof.
Any other basic materials for which standard laboratory test procedures have been established may also be included if doubt as to their quality should arise. Any testing, as described, will be done at the discretion of the Owner who will bear all costs. The Contractor shall be held responsible for providing samples of sufficient size for test purposes and for cooperating with the Owner or his representative in obtaining and preparing samples for tests. All tests will be in accordance with standard test procedures and will be performed by a laboratory selected by the Owner. Results of all tests will be provided to the Owner, Architect/Engineer, and the Contractor. 10.3.2.1 Not included in tests provided by the Owner are: a. Any test of basic material or fabricated equipment offered as a substitute for a specified item on which a test may be required in order to prove its compliance with the Specifications, which testing shall be paid for by Contractor. b. Routine or preliminary tests on mechanical systems required to ensure their proper installation and operation, prior to final testing and balancing, and any other requirements described in other Contract Documents or specifications shall be paid for by Contractor. Final testing and balancing shall be paid for by the Contractor and be performed by an independent, certified testing and balancing firm approved by the Owner. c. Testing required to certify the acceptability of repairs to damaged materials or equipment shall be paid for by the Contractor. 10.3.3. Compliance. Should any of the routine tests indicate that a material does not comply with the job requirements, the burden of proof of compliance shall be with the Contractor, subject to the following conditions: a. Contractor may select the laboratory for further testing, but selection must be approved by the Owner. b. Quality and nature of tests will be determined by the Owner. c. All tests shall be taken in the presence of the Owner or ODR. d. If tests prove that the material complies with specifications, the laboratory fees will be paid by the Owner. If noncompliance is proved, laboratory fees will be paid by the Contractor. e. Proof of noncompliance will make the Contractor liable for any corrective action which the Owner feels is prudent, including complete removal and replacement of defective material. 10.3.3.1 All subsequent tests on original or replaced materials conducted as a result of prior failure will be paid by the Contractor. 10.3.4. Special Testing. The Owner or the Architect/Engineer may require special inspection, testing, or approval of material or Work in addition to that which may be specified for compliance with requirements of the Contract Documents. Upon direction by the Owner and the Architect/Engineer for additional special testing, the Contractor shall promptly arrange for such special testing, inspection or approval procedure. The costs of special testing shall be at the Owner’s expense, except if the materials, fail, Contractor shall pay the expense; provided, however, that the entire cost of any additional testing, whether routine or special, required because of failure of a prior test shall be borne by the Contractor. 10.4
Opportunity to Review
If any Work (or the Work of others) that is to be inspected, tested or approved is covered by Contractor without providing the Owner an opportunity to review based on written notification as set forth in §12.2.3 or if any Work is covered contrary to the Updated February 4, 2014 Page 26
written request of Owner or Architect/Engineer or as specifically indicated elsewhere in the Contract Documents, the covered work must, if requested by Owner, be uncovered and recovered at Contractor’s expense, except as set forth in §12.2.3. 10.5
Contractor’s Testing
Nothing contained herein is intended to imply that the Contractor does not have the right to have tests performed on any material at any time for his own information and job control so long as the Owner is not charged for costs or forced to rely upon such tests when appraising quality of materials. Any modification of, or elaboration on, these test procedures which may be included for specific materials under their respective specification sections shall take precedence over these procedures and all testing required in the technical specification sections shall be the responsibility of the Contractor to coordinate and pay for. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article XI – Shop Drawings and Submittals 11.1
Contractor’s Submittals
The Contractor shall submit, with reasonable promptness consistent with the Project Schedule and in orderly sequence, all Shop Drawings, Samples or other information required by the Contract Documents, or subsequently required by the Architect/Engineer as governed by Change Orders. The Contractor shall review each submittal for compliance with Contract Documents and shall certify that it has done so by stamp, or otherwise, affixed to each copy thereof. Submittal data presented without such the Contractor certification will be returned without review or other comment, and any delay resulting therefrom will be the Contractor’s responsibility. 11.1.1. The Contractor shall, within twenty (20) days after receipt of the Notice to Proceed, submit to the Owner through the Architect/Engineer four (4) copies of a submittal schedule, listing all items that shall be furnished, for review and approval by the Owner and/or the Architect/Engineer. The schedule shall also list all items that are to be reviewed and approved by the Contractor. 11.1.2. Such submittal schedules shall list, among other things, shop drawings, manufacturer’s literature, certificates of compliance, materials samples, materials colors, guarantees, etc. 11.1.3. The submittal schedules shall indicate the type of item, contract requirements reference, the Contractor’s scheduled dates for submitting the above and like items and the projected need dates for approval answers from the Owner or the Architect/Engineer and the projected or actual dates for procurement. This schedule shall show a minimum of thirty (30) days after receipt for review and approval by the Owner and Architect/Engineer, and if resubmittal is required an additional fifteen (15) days will be allowed for approval after receipt. The Contractor will revise and/or update this schedule as appropriate, and submit same with each payment estimate. 11.1.4. The submittal schedule shall be coordinated with the Work Progress Schedule for all Work. The Contractor shall revise and/or update both schedules monthly to ensure consistency and current project data. Four (4) copies of such updated schedules shall be provided to the Owner concurrent with each application for progress payment. 11.1.5. Shop Drawings, Samples or other required information shall be properly identified, as specified or as the Owner and/or the Architect/Engineer may require. At the time of submission, the Contractor shall inform the Owner and the Architect/Engineer in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. 11.1.6. By submitting Shop Drawings, Samples or other required information, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, or will do so, and that he has checked and coordinated each Shop Drawing and Sample with the requirements of the Work and of the Contract Documents and he shall so certify as required by §11.1. Direct copies of construction documents will not be acceptable. 11.2
Nature and Effect of Review
The Architect/Engineer and the Owner, if required by Supplementary General Conditions, will review and approve all submittals with reasonable promptness, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. Such approval will be indicated in writing. The approval of a separate item shall not indicate approval of an assembly in which the item functions. The approval of the Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Owner and the Architect/Engineer in writing of such deviation at the time of submission and the Owner or the Architect/Engineer has specifically approved the specified deviation in writing to the Contractor. The approval shall not relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or Samples. 11.3
Correction and Resubmission
The Contractor shall make any corrections required to a submittal and shall resubmit the required number of corrected copies of the submittals within fourteen (14) days so as to avoid delay, until approved. The Contractor shall direct attention in writing to the Architect/Engineer and the Owner when required, to any new revisions other than the corrections requested on previous submissions.
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11.4
Limits on Shop Drawing Approvals
No Work requiring a Shop Drawing or Sample submission shall be commenced until the submission has been approved. All such work shall be in accordance with approved Shop Drawings and Samples. Approval of Shop Drawings and Samples is not authorization to Contractor to perform extra work or changed work unless the procedures of Articles XX and XXI are followed. Show drawings submitted for Work already installed will be returned without comment. The Architect/Engineer’s and Owner’s approval, if necessary, does not relieve Contractor from responsibility for defects in the Work resulting from errors or omissions of any kind on the approved Shop Drawings or Sample. The Architect/Engineer will be compensated by the Contractor for any required review time past the third re-submittal on any given submittal. 11.5
Routine Review Procedures
The Owner may establish routine review procedures and schedules for submittals at the preconstruction conference. 11.6
Intent of Contract Documents
11.6.1 It is not the intent of the Specifications or Contract Documents to limit materials, equipment, or fixtures to the product of any particular manufacturer. Where definite materials, equipment and/or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a definite standard and a reference for comparison as to quality, application, physical conformity, and other characteristics. It is the Owner’s or Architect/Engineer’s intention to not discriminate against or prevent any dealer, jobber or manufacturer from furnishing materials, equipment, and/or fixtures which meet or exceed the characteristics of the specified items. Substitution of materials shall not be made without prior written approval from the Architect/Engineer and Owner. 11.6.1 The Owner shall be the final judge of whether a proposed substitution meets the required characteristics of a specified item and such decisions of the Owner shall be final and conclusive. 11.7
Unauthorized Substitutions at Contractor’s Risk
All proposed substitution of materials, equipment, or fixtures shall be presented through the submittal process. The Contractor shall be financially responsible for any additional costs or delays resulting from using materials, equipment, or fixtures other than those specified, and shall reimburse the Owner for any increased design or contract administration costs resulting from such unauthorized substitutions. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article XII – Inspection of the Project During Construction 12.1
Contractor Quality Control
Contractor is responsible for controlling the quality of the work as set forth in the Contract Documents. 12.2
Owner Quality Assurance
12.2.1. The Owner and the Architect/Engineer and/or other Owner agents and consultants will make periodic visits to the site to familiarize themselves with the progress and quality of the Work, conduct inspections and tests to determine if the Work is proceeding in accordance with the Contract Documents. The Contractor shall provide sufficient, safe and proper facilities at all reasonable times for observation and/or inspection of the Work by the authorized representatives of the Owner. 12.2.2. The Contractor shall not cover up any work with finishing materials or other building components prior to providing the Owner an opportunity to perform an inspection of the Work by the Owner or its authorized representatives for review of the installation. Should corrections of the Work be required for approval, cover up shall be delayed until another inspection can be made and approval is indicated. 12.2.3. The Contractor shall be responsible for providing notification of at least 15 working days or as mutually agreed, to the Owner of the anticipated need for a cover up inspection. Should the Owner fail to respond to the requested inspection within the 15 working day period, or as mutually agreed, the Contractor may proceed with the particular cover up work identified in the notification. The 15 working day notice requirement shall not be reduced or waived by the Owner’s ability to respond in less time. 12.3
Condemnation and Removal of Defective Work
12.3.1. The ODR and the Architect/Engineer has the authority to reject and condemn Work, which does not meet the requirements of the Contract and to order such Work removed and replaced in accordance with paragraph §12.3.2 hereof. The approval of a work item by the ODR and/or the Architect/Engineer does not relieve the Contractor from compliance with the Contract Documents where such requirements are not judged at the time of observation of the Work due to work sequences by the Contractor or the lack of time to judge the performance characteristics of the particular work item, or where the particular work item is part of a system that has not been fully completed and reviewed for overall operation. 12.3.2. The Owner’s Designated Representatives (ODR) and the Architect/Engineer shall interpret the Contract requirements and shall be the final judge of the acceptability of the Work under the Contract Documents. If any materials or Work furnished under this Contract are condemned or rejected by the Owner or the Architect/Engineer, the Contractor shall, after notice from the Owner or the Architect/Engineer, proceed to remove materials, whether worked or unworked, and to take down all portions of the Work condemned. Contractor shall make good all Work damaged or destroyed by the removal and replacement process. 12.3.2.1. The Contractor shall, without charge or assessment against any contract contingency or allowance, replace any material or correct any workmanship found by the Owner or Architect/Engineer not to conform to the Contract requirements, unless in the public interest the Owner consents in writing to accept such material or workmanship with an appropriate adjustment in the contract price. The Contractor shall promptly correct all Work rejected by the Owner or Architect/Engineer as defective or as failing to conform to the Contract Documents whether observed before or after the Date of Substantial Completion or final inspection and acceptance and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. The costs of such corrective work shall also include reimbursement by the Contractor to the Owner of the amount of the fee to be paid by the Owner to the Architect/Engineer for the extra services of the Architect/Engineer in performing its responsibilities to the Owner relative to such corrective work. 12.3.2.2. If the Contractor does not promptly complete the Work, replace rejected material or correct rejected workmanship, the Owner may, 1) by separate contract or otherwise, replace such material or correct such workmanship and charge the cost thereof to the Contractor, or 2) terminate the Contractor’s employment in accordance with Article XXV, Contract Termination.
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12.3.2.3. If any portion of the Work is concealed by subsequent work without notification to the Owner as set forth in §12.2.3 contrary to the instructions of the Owner or Architect/Engineer or to the requirements specifically expressed in the Contract Documents, it must be uncovered for observation and recovered at the Contractor’s expense. 12.3.2.4. If any other portion of the Work has been covered which the Owner or Architect/Engineer has not specifically requested or is not specifically indicated elsewhere in the Contract Documents to observe prior to being covered, either may request to see such Work and it shall be uncovered by the Contractor. If such Work is found to be in accordance with the Contract Documents, the cost of uncovering and recovering shall, by appropriate Change Order, be charged to Owner. If such Work is found not to be in accordance with the Contract Documents, the Contractor shall pay such costs including the amount of fee to be paid by the Owner to the Architect/Engineer for extra services related to such non-complying Work. 12.3.3. Upon notice of condemnation, the Contractor may request to prove to Owner and the Architect/Engineer, at Contractor’s sole cost, that the Work should be accepted because it meets performance, and other relevant standards. The Contractor shall have ten (10) working days from receipt of the notice to present documentation to prove compliance. Owner shall respond to Contractor’s showing of proof in writing within fifteen (15) working days of receipt of Contractor’s documentation. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article XIII – Contract Payments 13.1
Schedule of Values
Within twenty (20) days’ of Notice to Proceed under the Contract, the Contractor shall submit to the ODR and the Architect/Engineer for approval a Schedule of Values, accurately itemizing material and labor for the various classifications of the Work. The approved Schedule of Values will be used as the basis for the progress payments under the Contract. 13.1.1. No progress payments will be made prior to receipt and approval of the breakdown, which shall be in such detail as may be required by the Owner. The breakdown shall be submitted to the Architect and Owner not less than 20 days prior to the first request for payment, and this shall be a condition precedent to the processing of the first payment. The breakdown shall follow the trade divisions of the specifications along with provision for general conditions costs, fees, contingencies, and allowances so that the sum of the items will equal the contract price. Each item shall be assigned labor or material values, or both, the subtotal thereof equaling the value of the Work in place when completed. 13.1.2. The Contractor shall retain in its files a copy of all worksheets used in preparation of its bid, supported by a notarized statement that the worksheets are true and complete copies of the documents used to prepare the bid. The worksheets shall be made available to the Owner for verification at the time that the Contract is being executed and thereafter ending one year after final payment. 13.2
Progress Payments
Periodic progress payments will be made to the Contractor for Work performed, and materials in place or suitably stored and protected on sites or as otherwise agreed to by the Owner and the Contractor. Payment shall not become due until receipt by the ODR or his designee of a correct and complete Pay Application, certified by the Architect/Engineer pursuant to this article. Progress payments are made provisionally and do not constitute acceptance of Work not in accordance with the Contract Documents. Progress payments for Change Order work will not be accepted for payment until Change Order is executed by Owner. 13.2.1. Preliminary Pay Worksheet. Once each month, the Contractor may submit to the Architect/Engineer and the ODR a complete, clean copy of a Preliminary Pay Worksheet, which shall attach the following: 1. The Contractor’s estimate of the amount of Work performed, labor furnished and materials incorporated into the Work, using the approved Schedule of Values; and 2. A schedule update as specified, HUB Subcontracting Plan Reports, an updated Submittal Schedule, invoices for stored materials and other supporting documentation, and such additional documentation as Owner may require and as specified in the Supplementary General Conditions of the Contract, Special conditions, or Planning and Scheduling Specification. 13.2.2. Contractor’s Periodic Invoice. As soon as practicable, but in no event later than ten (10) business days after receipt of the Preliminary Pay Worksheet, the Architect/Engineer and ODR shall meet with the Contractor to review the Preliminary Pay Worksheet and to observe the condition of the Work. On the basis of this review, the ODR and the AE may require modifications to the Preliminary Pay Worksheet prior to the submittal of a Periodic Invoice, and shall promptly notify the Contractor of revisions necessary for approval. As soon as practicable, but in no event later than seven (7) days following the Preliminary Pay Worksheet Periodic review meeting, the Contractor shall submit a Periodic Invoice reflecting the required modifications to the AE, and attaching all additional documentation required by the ODR and AE, as well as his affidavit swearing or affirming that all payrolls, bills for labor, materials, equipment, subcontracted work or other indebtedness connected with the Contractor’s Periodic Invoice (Application for Payment) have been paid or will be paid within the time specified in Chapter 2251, Government Code. No periodic Invoice shall be complete unless it fully reflects all required modifications, and attaches all required documentation including the Contractor’s affidavit. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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13.2.3. Certification by AE. As soon as practicable, but in no event later than five days following the AE’s receipt of the Contractor’s Periodic Invoice (Application for Payment), the Architect/Engineer shall review the same for completeness, and shall forward the Periodic Invoice (Application for Payment) to the ODR, with a copy to the Contractor, together with the AE’s certification that the application is complete and payable, or that it is incomplete, stating in particular what is missing. If the Periodic Invoice is incomplete, the Contractor shall make the required corrections and resubmit the Periodic Invoice for processing in accordance with this §13.2.3. Upon receipt of such a Periodic Invoice and affidavit certified by the Architect/Engineer, the Owner shall make final review and process the payment through established administrative procedures. 13.3
Owner’s Duty to Pay
The Owner shall have no duty to pay the Contractor except on receipt by the ODR of a complete Periodic Invoice certified by the AE. 13.3.1. Bulk materials must be approved by the Owner and/or the Architect/Engineer in accordance with the contract submission requirements before payment. Payment for stored materials shall be limited to eighty-five percent (85%) of the invoice price or eighty-five percent (85%) of the scheduled value for the materials, whichever is less. Bulk materials are eligible for full payment only after they have been incorporated into the Work. 13.3.2. On-site stored materials must be reviewed in advance and organized, unpacked, and/or re-arranged by the Contractor for ease of review by the ODR and A/E. Contractor to verify that invoices correspond with product number, products present, and that values of materials are clearly represented on invoices to be reviewed. Failure to perform prior adequate validation may be grounds for ODR and A/E not to review materials and rejection of payment for the same. 13.4
Retainage
The Owner shall withhold from each progress payment, as retainage, ten percent (10%) of the total earned amount. Retainage so withheld shall be managed in conformance with Subchapter B, Chapter 2252.032, Texas Government Code. 13.4.1 13.4.1. Any request for reduction or release of retainage shall be accompanied by written consent of the Contractor’s Surety. No such request shall be made until the Contractor has earned at lease sixty-five percent (65%) of the total Contract Price. The Owner reserves the right to reject any and all requests for reduction of retainage prior to Contractor’s final payment. 13.5
Reduction to Cover Loss
The Owner may reduce any Periodic Invoice prior to payment to the extent necessary to protect the Owner from loss on account of actions of the Contractor, including, but not limited to: a. b. c. d. e.
f. g. h. i. j.
Defective work not remedied; Damage to work of a separate contractor; Failure to maintain scheduled progress or reasonable evidence that the Work will not be completed within the Contract time; Failure to comply with the requirements of Texas Government Code Chapter 2258 (Prevailing Wage Law); or For Contracts with a value of less than $25,000 for which no payment bond is posted, receipt of written notice by the Owner of unpaid bills, filed in conformance with §53.232, Texas Property Code. Any funds so withheld shall be released to the Contractor if he furnishes a bond for release of lien as provided in §53.236, Texas Property Code; Persistent failure to carry out the Work in accordance with the Contract Documents; Reasonable evidence that the Work cannot be completed for the remainder of the Contract Sum; Assessment of fines for violations of Prevailing Wage Rate laws; Failure to include the appropriate amount of retainage for that periodic payment; Failure to pay for retesting of materials that failed their initial tests in accordance with specifications requirements. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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13.6
Title and Liability
Title to all material and Work covered by progress payments transfers to the Owner upon payment. Transfer of title to Owner does not relieve the Contractor of the sole responsibility for the care and protection of materials and Work upon which payments have been made, or the restoration of any damaged Work, or waive the right of the Owner to require the fulfillment of all the terms of the Contract. 13.7
Progress Payments and Liability
Progress payments to the Contractor shall not release the Contractor or his surety from any obligations under this Contract. 13.8
Subcontractors
Upon the Owner’s request, manifest proof of the status of Subcontractor’s accounts shall be furnished in a form acceptable to the Owner. 13.9
Certification
Pay estimate certificates must be signed by a corporate officer or a representative duly authorized by the Contractor. 13.10
Payment Verification
The Contractor, in requesting payment for materials, shall provide copies of bills of lading, invoices, delivery receipts, or other evidence of the location and value of such materials. 3.11
Effective Approval Date
For purposes of Texas Government Code §2251.021 (a)(2), the date the performance of service is completed is the date when the Owner’s representative approves the application for payment. 13.12
Off-Site Storage
With prior approval by the Owner and in the event Contract elects to store materials at an off-site location, he shall abide by the following conditions. 13.12.1.
Materials shall be stored in a Bonded Commercial Warehouse located within 15 miles from the project site.
13.12.2. The Contractor shall provide separate Insurance Coverage adequate not only to cover materials while in storage, but also in transit from the off-site storage areas to the project site. Copies of duly authenticated Certificates of Insurance, made out to insure the Texas Veterans Land Board or the Texas General Land Office (as applicable) must be filed with the Owner’s representative. 13.12.3. Inspection by Owner’s representative is allowed at any time. The Owner’s Inspectors must be satisfied with the security, control, maintenance, and preservation measures. 13.12.4. Materials for this project are physically separated and marked with the Project name and the Owner name applied in plain view for the project in a sectioned-off area. Only materials that have been approved through the submittal process are to be stored in the area. 13.12.5. Owner reserves the right to reject materials at any time prior to final acceptance of the complete Contract if they do not meet Drawings and Specifications requirements regardless of any previous progress payment made. 13.12.6. With each monthly payment estimate, the Contractor shall submit a report to the ODR, and Architect/Engineer listing the quantities of materials already paid for still stored in the off-site location. 13.12.7. Warehouse records, receipts, and invoices shall be made available to Owner’s representatives, upon request, to verify the quantities and their disposition.
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13.12.8. In the event of Contract termination or default by Contractor, the items in storage off-site, upon which upon which payment has been made, will be promptly turned over to Owner or Owner’s agents at the jobsite, or a location near the jobsite, as directed by the ODR. 13.12.9. The full provisions of Performance and Payment Bonds on this project shall cover the materials off-site in every aspect as though they were stored on the Project Site. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article XIV – Closing Inspections 14.1
Substantial Completion Inspection
When the Contractor considers the entire Work or part thereof Substantially Complete, the Contractor shall inspect the Work, or designated portion thereof, for compliance with the Contract Documents and notify the ODR and the Architect/Engineer in writing that the Work will be ready for Substantial Completion Inspection on a date certain. The Contractor shall include with this notice a copy of its updated Punch List marked to indicate corrected items and items to be completed or corrected prior to final inspection which the Contractor recognizes exist but believes do not prevent the Work or part thereof from being Substantially Complete, and shall request a Substantial Completion Inspection for the Work or designated portion thereof. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The Architect/Engineer and the Owner will review the Contractor’s list of items to be completed and either will schedule the requested inspection or will inform the Contractor in writing that such an inspection would be premature because the Work is not sufficiently advanced or that conditions are not as represented on the Contractor’s list. 14.1.1. Prior to the substantial completion inspection, the Contractor shall furnish to the Owner a copy of the AsBuilt blueline prints and specifications and a preliminary copy of each instructional manual, O&M, parts catalog, wiring diagrams, spare parts, specified written warranties and like publications or parts for all installed equipment, systems and like items, and documents including, but not limited to, those documents required under section 4.8.4 of the Uniform General Conditions. If the Contractor does not furnish these requirements and the Owner must of necessity otherwise obtain this information and data, the costs for obtaining it will be deducted from payments otherwise due the Contractor. The substantial completion inspection will be jointly conducted by the Architect/Engineer, the Owner, the User, and the Contractor. 14.1.2. On the date indicated by Contractor, or as soon thereafter as is practicable, the ODR, the Architect/Engineer, and the Contractor shall inspect the work and if the ODR and the Architect/Engineer determines that the Work is Substantially Complete a Certificate of Substantial Completion shall be issued by the Architect/Engineer for certification by the Owner, Architect/Engineer and Contractor, fixing the date of Substantial Completion. The Architect/Engineer will provide with this certificate a list of items to be completed prior to final inspection (the Pre-Final Punch List). This list may include additional items not included on the Contractor’s list, which are deemed necessary by the Architect/Engineer or by the Owner to correct or complete prior to Final Inspection. 14.2
Final Inspection
The Contractor shall fully complete the list of items listed on the Pre-final Punch List prior to Final Inspection. Unless otherwise specified in Special Conditions, or otherwise agreed in writing by the parties, the Contractor shall complete this work within thirty (30) days of the certified date of Substantial Completion. When the Contractor has completed the Prefinal Punch List, he shall give written notice to the ODR and Architect/Engineer that the Work will be ready for Final Inspection on a date certain. This notice shall be accompanied by a copy of the Contractor’s updated Punch List with corrected items crossed out, confirming resolution of all items. On this date, or as soon thereafter as is practicable, the ODR, the Architect/Engineer and the Contractor shall inspect the Work and the Architect/Engineer shall submit to the Contractor a list of items which the Owner and the Architect/Engineer have determined to require correction or completion before the Work will be accepted by the Owner (the Final Punch List). 14.3
Final Punch List
The Contractor shall correct or complete all items on the Final Punch List before Acceptance and Final Payment. Unless otherwise specified in Special Conditions, or otherwise agreed in writing by the parties, the Contractor shall complete this work within seven (7) days of receiving the Final Punch List. Upon completion of the Final Punch List, the Contractor shall notify the Architect/Engineer and ODR in writing stating the disposition of each Punch List item, and the Architect/Engineer and Owner shall promptly inspect the completed items. When the Final Punch List has been completed, and the Contract is fully performed according to the Contract Documents, and is acceptable to the Owner, the ODR and/or the Architect/Engineer may issue a certificate fixing the date of Final Completion. Final Completion of all Work shall be a condition precedent to the Contractor’s right to receive Final Payment. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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14.4
Annotation
Any Certificate issued under this Article may be annotated to indicate that it is not applicable to specified portions of the Work, or that it is subject to any limitation as determined by the Owner. 14.5
Purpose of Inspection
Inspection by the Owner and Architect/Engineer is for the purpose of determining the completion of the Work, and does not relieve the Contractor of its overall responsibility for completing the Work in a good and workmanlike fashion, in compliance with the Contract Documents. Failure of the Owner or Architect/Engineer to identify Work that is not in compliance with the Contract Documents, or which is defective in operation or workmanship, or acceptance of the Work with Punch List items left incomplete, does not constitute a waiver of such a defect or of the Owner’s rights under the Contract Documents or relieve the Contractor of its warranties contained in Article XVII. 14.6
Additional Inspections
14.6.1. If on the basis of the Substantial Completion Inspection, the ODR or the Architect/Engineer determines that the Work is not Substantially Complete, the ODR or the Architect/Engineer shall give the Contractor written notice thereof, and shall inform the Contractor what Work was found to be incomplete, out of compliance with the Contract Documents, or defective in operation or workmanship, and setting a time in which incomplete or defective work is to be completed. The Contractor shall complete or correct all Work so designated prior to requesting a second Substantial Completion Inspection. 14.6.2. If on the basis of the Final Inspection, the ODR or the Architect/Engineer determines that the Work is not complete according to the Contract Documents, or that the Work required by the Prefinal Punch List had not been performed, the ODR or the Architect/Engineer shall give the Contractor written notice thereof, and shall inform the Contractor what Work was found to be incomplete, out of compliance with the Contract Documents or defective in operation or workmanship, and setting a time in which incomplete or defective Work is to be completed. The Contractor shall complete or correct all Work so designated prior to requesting a second Final Inspection. 14.6.3. This Agreement contemplates three inspections only; the Substantial Completion Inspection, the Final Completion Inspection, and the Inspection of Completed Final Punch List Items. The cost to the Owner or any and all additional inspections deemed necessary by the ODR or the Architect/Engineer because the Work was not ready for one or more of these inspections shall be borne by the Contractor, and the Owner may issue a Unilateral Change Order deducting these costs from Final Payment. Upon the Contractor’s written request, the Owner shall furnish documentation of all costs so deducted. Work added to the Contract by Change Order after Final Inspection shall not be considered as corrective work for purposes of determining timely completion or assessing the cost of additional inspections. 14.7
Phased Completion
The Special Conditions may provide, or other project conditions may warrant, as determined by the ODR, that designated elements or parts of the Work shall or may be completed in phases. Where phased completion is required or specifically agreed to by the parties, the provisions of Article XIV (Closing Inspections) and Article XV (Early Occupancy) shall apply independently to each designated element or part of the project. For all other purposes, unless otherwise agreed by the parties in writing, Substantial Completion of the Work as a whole shall be the date on which the last element or part of the Work to be completed is certified as Substantially Complete, and Final Completion of the Work as a whole shall be the date on which the last element or part of the Work to be completed is certified as Finally Complete. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article XV – Early Occupancy 15.1
Right of Occupancy
The Owner may occupy or use all or any portion of the Work following Substantial Completion, or at any earlier stage of completion, provided that such occupancy or use is consented to by any and all insurers of the Work. Should the Owner wish to use or occupy the Work, or part thereof, prior to Substantial Completion, the ODR shall so notify the Contractor in writing. Work performed on the premises by third parties on the Owner’s behalf does not constitute occupation or use of the Work by the Owner for purposes of this Article. 15.2
Occupancy of Substantially Completed Work
If the Owner wished to occupy all or part of the Work that has been Substantially Completed it shall so notify the Contractor and the Architect/Engineer prior to the Substantial Completion Inspection, and the ODR shall annotate the Certificate of Substantial Completion to set out, pursuant to §§14.4, 14.6 or the parties’ written agreement, the responsibilities of the Owner and the Contractor for maintenance, heat, utilities, operation of permanent equipment, and insurance. The Certificate of Substantial Completion shall be submitted to the Architect/Engineer and Contractor for their written acceptance of the responsibilities assigned to each of them in such Certificate. The accepted Certificate shall not constitute a change in Contract Time that can only be modified by an agreed Change Order. See Article XX. 15.3
Occupancy of Work Prior to Substantial Completion
15.3.1. Notice and Early Occupancy Proposal. If the Owner determines that substantial hardship will result if it is unable to occupy some portion of the Work prior to Substantial Completion, it shall so inform the Architect/Engineer and the Contractor no less than 30 days before the date the Owner wishes to occupy the Work, and designate those portions of the Work to be occupied and the uses to be made of the occupied premises. As soon as practicable, but not less than five working days after receiving this notice, the Contractor shall make the designated portions of the Work available to the Architect/Engineer and the Owner for observation. The Architect/Engineer and the Owner shall observe the Work jointly with the Contractor. As soon as practicable, but not later than the third day next following the date of the inspection, the ODR or the Architect/Engineer shall prepare and submit to the Contractor an Early Occupancy Proposal, specifying any Work that must be completed or corrected as well as any operation and maintenance manuals or other documentation necessary for the Work to be occupied by the Owner and used for the purposes designated by the Owner in its notice, and setting out the division of responsibility between the Owner and the Contractor for utilities, security, maintenance, insurance and liability for damage to the Work or damage arising from the condition of the Work. The Early Occupancy Proposal shall also specify whether the area to be occupied must be Substantially Complete before occupation, and shall specify the date for Substantial Completion of the Work to be occupied if other than the date previously specified by the Contract Documents. 15.3.2. Administration as Change Order. The Early Occupancy Proposal shall be administered as an Interim Change Authorization pursuant to the provisions of §21.4, except that the Contractor shall submit a CPE as soon as possible, but not later than the seventh day next following receipt of the Early Occupancy Proposal. All cost adjustment, including any increased costs of insurance, related to the Early Occupancy Proposal, shall be stated in the CPE; any such relief not so requested shall be deemed waived. If the Early Occupancy Proposal requires early Substantial Completion, the Contractor shall be entitled to an equitable cost adjustment for acceleration and impact costs, to be submitted pursuant to §22.2 (Type II Changes). If an early completion date is not required, the Contractor shall submit any claim for time extension as a Type I change in the Work and Interim Change Authorization. If by the date designated by the Owner as the proposed date of occupancy, the ODR and Contractor have not reached an agreement concerning adjustment of time or cost, or the division of responsibility for the occupied portions of the Work, the ODR may issue a ULCO. 15.3.3. Project Completion Administration with Early Occupancy. Where under the provisions of this Article the Contract Time is modified for any part of the Work due to early occupancy, then the provisions of §14.6 shall apply. All required documentation shall be furnished by the Contractor to the ODR on or before the date of occupation by the Owner. 15.3.4. Nonwaiver of Timely Completion. Early occupancy of any portion of the Work does not waive the Contractor’s duty to complete the remaining Work within the Contract Time as specified by the Contract Documents or as subsequently modified by Change Order.
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Article XVI – Contract Final Acceptance and Payment 16.1
Request for Final Payment
At any time following the completion of all Work, including Punch List items, cleanup, and the delivery of record documents and other project close-out documents as required by the Contract Documents, the Contractor shall submit a certified Application for Final Payment, including all sums held as retainange, to the Architect/Engineer and the ODR for their review and approval. 16.2
Final Payment Documentation
The Contractor shall submit, prior to the Application for Final Payment, final copies of all close out documents, including maintenance and operating instructions, guarantees and warranties, certificates, As-Constructed documents and all other items required by the Contract Documents. The Contractor shall also submit Consent of Surety to Final Payment, an affidavit that all payrolls, bills for materials and equipment, subcontracted work and other indebtedness connected with the Work, except as specifically noted, have been paid or will be paid or otherwise satisfied within the period of time required by Chapter 2251, Texas Government Code. The contractor shall furnish documentation establishing payment or satisfaction of all such obligations, such as receipts, releases, and waivers of claims arising out of the Contract. The Owner is entitled to rely upon this affidavit; the Contractor may not submit a claim on behalf of a subcontractor or vendor if that claim has not been noted as an exception in the affidavit. 16.3
Architect/Engineer Approval
The Architect/Engineer shall review a submitted Application for Final Payment promptly but in no event later than ten (10) days after its receipt. Prior to the expiration of this deadline, Architect/Engineer shall either: 1) return the Application for Final Payment to Contractor with correction for action and resubmission; or 2) accept it, note his approval and send to Owner. 16.4
Offsets and Deductions
The Owner may deduct from the Final Payment all sums due from the Contractor for any reason, all deductions authorized by, §13.5, and as Liquidated Damages. If the Certificate of Final Completion notes any Work remaining incomplete or defects not remedied, the Owner may deduct the reasonable cost of remedying such deficiencies from the Final Payment. If such deductions are made, the Owner shall identify each deduction made and the reason therefore, and furnish the Contractor with an explanation of the deduction and the amount deducted on or by the 21st day after Owner’s receipt of an approved, or deemed approved Application for Final Payment. 16.5
Final Payment Due
All payments made by Owner shall be in accordance with Chapter 2251 of the Texas Government Code, the Prompt Payment Act. Thus, Final Payment shall become due and payable by Owner, subject to all allowable offsets and deductions, on the 31st day next following Owner’s approval of the Application for Payment. If the Contractor disputes any amount deducted by the Owner, the Contractor shall give notice of the dispute on or before the thirtieth day next following receipt of Final Payment; failure to do so will bar any subsequent claim for payment of amounts deducted. 16.6
Effect of Final Payment
Final Payment shall constitute a waiver of all claims by the Owner, relating to the condition of the Work except those arising from (1) faulty or defective Work appearing after Substantial Completion (latent defects); (2) failure of the Work to comply with the requirements of the Contract Documents; (3) terms of any warranties required by the Contract Documents or implied by law, and (4) claims arising from personal injury or property damage to third parties. Final Payment shall constitute a waiver of all claims by the Contractor except those specifically identified in writing and submitted to the ODR prior to the application for Final Payment. Provided, however, that the Contract shall not be deemed fully performed by the Contractor and closed until the expiration of all warranty periods. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article XVII – Contract Warranty and Guarantee 17.1
Contractor’s General Warranty and Guarantee
Contractor warrants to the Owner that all Work shall be executed in accordance with the Contract Documents, complete in all parts and in accordance with approved practices and customs, and of the best finish and workmanship. Unless otherwise specified, all materials and equipment incorporated in the Work under the Contract shall be new. The Owner may, at its option, agree in writing to waive any failure of the Work to conform to the Contract Documents, and to accept a reduction in the Contract Price for the cost of repair or diminution in value of the Work by reason of such defect. Absent such a written agreement, however, the Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute and is not waived by any inspection or observation by the Owner, Architect/Engineer or others, by making any progress payment or final payment, except as provided in §16.6, by the use or occupancy of the Work or any portion thereof by the Owner, at any time, or by any repair or correction of such defect made by the Owner. 17.2
Warranty Period
Except as otherwise specified, the Contractor shall repair all defects in materials, equipment or workmanship appearing within one year from the date of Substantial Completion of the Work as a whole if such date establishes the beginning of the period of Owner occupancy and/or use of the Work, otherwise this warranty begins upon Final Completion and acceptance of the Work. Upon receipt of written notice from the Owner or the facility user of the discovery of any defects, the Contractor shall promptly and at its own cost remedy the defects and replace any property damaged therefrom and shall promptly provide written notice to the Owner and, to the extent applicable, the facility user indicating action taken to resolve the defect. In case of emergency where delay would cause serious risk of loss or damage to the Owner, or if the Contractor, after notice, fails to proceed promptly and remedy within 30 days or within another period of time which has been agreed to in writing, in compliance with the terms of the warranty and guarantee, the Owner may have the defects corrected and the Contractor and his surety shall be liable for all expenses incurred. 17.3
Separate Warranties
Where a particular piece of equipment or component of the Work for which a separate warranty is required under the Contract Documents is placed in continuous service before Substantial Completion, the date of service commencement shall be certified by the ODR and/or Architect/Engineer and the Warranty Period for that equipment or component shall run from the date so certified. In addition to the Contractor’s warranty and duty to repair, as set forth in §§17.1 and 17.2, the Contractor expressly assumes all warranty obligations required under the Contract Documents for specific building components, systems and equipment. The Contractor may satisfy any such obligation by obtaining and assigning to the Owner a complying warranty from a manufacturer, supplier, or subcontractor. Where an assigned warranty is tendered and accepted by the Owner which does not fully comply with the requirements of the Contract Documents, the Contractor shall remain liable to the Owner on all elements of the required warranty that are not provided by the assigned warranty. 17.4
Certification of No Asbestos Containing Materials or Work
17.4.1. The Contractor shall provide a certification statement, included with each materials submittal, stating that no asbestos containing materials or Work is included within the scope of the proposed submittal. 17.4.2. The Contractor shall provide at Substantial Completion, a notarized certification to the Owner and the Architect/Engineer that no asbestos containing materials or Work was provided, installed, furnished, or added to the project. 17.4.3. The Contractor shall take whatever measures he deems necessary to ensure that all employees, suppliers, fabricators, materialmen, subcontractors, or their assigns, comply with this requirement. 17.4.4. The Contractor shall ensure compliance with the following act – Texas Asbestos Health Protection Act (TAHPA – 25 TAC 195) from of his Subcontractors and assigns as listed in item §17.4.3 above. All materials used on this project shall be certified as non Asbestos Containing Building Materials (ACBM). 17.4.4.1. Every subcontractor shall provide a notarized statement that no ABCM has been used, provided, or left on this project.
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17.4.4.2. The Contractor shall provide to the extent deemed necessary for compliance by the State, data sheets and/or labels as proof of compliance. 17.4.4.3.
The Contractor shall provide a notarized certification that no ABCM’s were used. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article XVIII – Good Faith Effort Subcontracting Program (HUBs) 18.1
General Program Description.
State agencies are required by statute to make a good faith effort to assist Historically Underutilized Businesses (HUBs) in participating in contract awards issued by the State. The Texas Comptroller of Public Accounts (Comptroller) rules, 34 TAC 20.11-20.28, outline the state’s policy to encourage outreach to and potential utilization of HUBs in state contracting opportunities through race, ethnic, and gender neutral means. The goal of this program is to promote full and equal business opportunity for all businesses in state contracting in accordance with the goals specified in the State of Texas Disparity Study. A Contractor who contracts with the State in an amount in excess of $100,000 shall be required to make a good faith effort to award subcontracts to HUBs in accordance with Comptroller Rule 20.14 by submitting a HUB Subcontracting Plan at the time of bidding and complying with the Subcontracting Plan after it is accepted by the Owner and during the term of the Contract. 18.2
Compliance with Approved HUB Subcontracting Plan.
Contractor, having been awarded this Contract in part by complying with the HUB Program statute and rules, hereby covenants to continue to comply with the HUB Program as follows: Contractor shall: a. Prior to substituting a Subcontractor, promptly notify Owner in the event a change is required for any reason to the accepted HUB Subcontracting Plan; b. Conduct the good faith effort activities required and provide Owner with necessary documentation to justify approval of a change to the approved HUB Subcontracting Plan; c. Cooperate in the execution of a Change Order or such other approval of the change in the HUB Subcontracting Plans as the Contractor and Owner may agree to; d. Maintain and make available to Owner upon request business records documenting compliance with the accepted HUB Subcontracting Plan; e. Upon receipt of payment for performance of Work, the Contractor shall submit to Owner a compliance report, in the format required by Owner, that demonstrates Contractor’s performance of the HUB Subcontracting Plan; f. Promptly and accurately explain and provide supplemental information to Owner to assist in Owner’s investigation of Contractor’s good faith effort to fulfill the HUB Subcontracting Plan and the requirements under HUB Rule 20.14. 18.3
Failure to demonstrate Good Faith Effort
Upon a determination by Owner that Contractor has failed to demonstrate a good faith effort to fulfill the Subcontracting Plan or any Contract covenant detailed above, the Owner may, in addition to all other remedies available to it, report the failure to perform to the Comptroller of Public Accounts/Texas Procurement and Support Services Division Vendor Performance and Debarment Program. 18.4
Additional HUB Requirements
Additional requirements related to HUB Subcontracting are detailed in the RFP Document that are incorporated herein for all purposes. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article XIX – Concealed Site Conditions 19.1
Generally
The Contractor is responsible for having visited the Site and having ascertained pertinent local conditions such as location, accessibility, and general character of the Site or building, the character and extent of existing Work within and adjacent to the Site, and any other Work being performed thereon at the time of the submission of its proposal. Any failure to do so will not relieve it from responsibility for successfully performing the Work without additional expense to the Owner. 19.2
Subsurface, Latent, or Concealed Conditions
If, in the performance of the Contract, subsurface, latent or concealed conditions at the Site are found to be materially different from the information included in the bid documents, or if unknown conditions of an unusual nature are discovered differing materially from the conditions usually inherent in Work of the character shown and specified, the Contractor shall notify the Architect/Engineer and the Owner in writing of such conditions before proceeding with the Work. If necessary, the Architect/Engineer and/or the Owner shall develop a solution and provide it to Contractor. If the solution prompts changes to the Contract Amount and/or Time, the Contract shall be adjusted under Article XX hereof. 19.3
Environmental Conditions
For environmental matters, see §9.4 19.4
Disclaimer
The Owner makes no representations as to the accuracy or completeness of the Site information furnished to the Contractor by Owner and does not expressly or implicitly warrant same and is not responsible for any interpretations or conclusions reached by the Contractor with respect thereto. It is Contractor’s sole responsibility to verify to its own satisfaction all Site information, including but not restricted to topographical data, borings, subsurface information, utilities and easements and to account for all reasonably anticipated costs in their proposal for construction. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article XX – Change Orders 20.1
Change Order Defined
A Change Order is a written modification of the Contract between the Owner and the Contractor, signed by the Owner, the Contractor, and the Architect/Engineer. 20.2
Effect of Change Order
A Change Order authorizes a change in the Scope of the Work or an adjustment in the Contract Sum or the Contract Time. Work performed under a Change Order is subject to all provisions of the Contract Documents. 20.2.1. Contingency Allowance. The Construction Contingency Allowance (if specified in the Contract Documents) is controlled solely by the Owner and is in addition to any cost allowance provided for under the various sections. Expenditures from the Contingency Allowance must be made by Change Order issued by the ODR or the Architect/Engineer and approved by the Owner. Expenditures from the Construction Contingency Allowance do not alter the total Contract Price. Any unused portion of the Contingency Allowance will be deducted from the Final Payment. 20.3
Modifications for which a Change Order is Required
All changes in the scope of the Work, the Contract Sum and/or the Contract Time shall be documented by a Change Order. Change Orders are the exclusive method for modifying the Contract Sum or Contract Time. Neither the Architect/Engineer, nor the ODR or any other party may change the scope of the Work, the Contract Sum or the Contract Time by any method, expressed or implied, other than a Change Order. 20.3.1. Notice. Any direction, instruction, interpretation, or determination from the Architect/Engineer or Owner shall not be considered for a Change Order under this clause unless the Contractor gives the Owner written notice within 15 days requesting a change order and stating the date, circumstances, and source of the directive. 20.4
Agreed and Unilateral Change Orders
A Change Order may be either an Agreed Change Order or a Unilateral Change Order. 20.4.1. Agreed Change Orders. An Agreed Change Order is a Change Order jointly executed by the Owner and the Contractor, in which each agrees to all of the terms of the amendment. 20.4.2. Effect of An Agreed Change Order. The execution of an Agreed Change Order by the Owner and the Contractor constitutes the full, final and complete settlement of all claims with regard to the modifications contained in the Change Order, provided however, that an Agreed Change Order may be reformed by a written modification signed by the Contractor and the ODR, for the limited purpose of correcting an error in computation. 20.4.3. Unilateral Change Order (ULCO). A Unilateral Change Order is a Change Order issued by the Owner without the agreement of the Contractor. 20.4.4. Effect of a Unilateral Change Order; conversion to an Agreed Change Order. The issuance of a ULCO does not prejudice any of the Contractor’s rights to relief otherwise available under the Contract Documents. The Contractor may preserve such rights by submitting to the Owner and the Architect/Engineer a written objection to the ULCO setting forth in detail the reasons for its objections and the Contract provisions on which the objection is based within 30 days of receipt of the ULCO. If the Contractor does not submit a written objection within that time, Contractor shall be deemed to have accepted the terms of the ULCO and waived all claims related to the ULCO and the ULCO shall have the full force and effect of any Agreed Change Order. 20.5
Who May Request Change Orders
Change Order Requests may be initiated by the Owner or by the Contractor as provided in §§20.6 and 20.7.
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20.6
Type I Change Orders
A Type I Change Order adjusts the Contract Sum and/or Contract Time because of an actual or constructive change in the scope or character of the Work, which originates from the Owner or Architect/Engineer. Type I Change Orders are initiated in one of two ways: 20.6.1. Owner-Initiated Changes. The Owner, without invalidating the Contract and without approval of the Surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions. 20.6.2. Contractor-Initiated Changes. If the Contractor claims that it will incur additional cost or time because of any writing containing a written interpretation of the Contract Documents, or instruction concerning the execution of the Work, issued by the Owner or the Architect/Engineer, and constituting a constructive change in the scope or character of the Work, the Contractor may request a Change Order pursuant to this Article and, if appropriate, a Time Extension Request as provided by Article XXIV. 20.6.3. Commencement of Work. The Contractor shall not commence Work on a Type I change Work prior to receipt of an approved –Change Order, or a Interim Change Authorization when and where appropriate, as set out in §§21.3.3 and 21.4, respectively. 20.7
Type II (Claim) Change Orders
A Type II Change Order adjusts the Contract Sum or Contract Time because of a change in the conditions of performance of the Work that changes the cost or time required for performance without changing the scope of the Work to be performed under the Contract Documents and which are not otherwise resolved as a Type I change. The Contractor may request a Type II Change Order under the following circumstances only: a. The occurrence of excusable delays as designated in §24.1.3; b. Reasonably-unanticipated and unknown physical conditions at the Site, pursuant to §19.2, which the Architect/Engineer addresses by means of changes in the Drawings and Specifications, or unanticipated conditions at the Site as described in §§2.8 and 9.4; c. The existence of material errors, omissions and imperfections in the design documents that the Architect/Engineer corrects by means of changes in the Drawings and Specifications; d. The failure of the Owner or the Architect/Engineer to take timely actions required under the Contract Documents or to provide information required by the Contractor to proceed with the Work; e. The failure of the Owner to provide reasonable access to the Site; and f. The failure of the Owner to timely provide materials which are to be furnished by the Owner under the Contract Documents. 20.8
Contractor’s Risk of Performance
Except as expressly provided in this Article XX, the Contractor shall not be entitled to an increase in the Contract Sum or the Contract Time and shall bear full responsibility for all risks affecting the Contractor’s cost of performance. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article XXI – Administration of Change Order Requests 21.1
Requests for Changes
21.1.1. Time Extension Requests. All relief related to excusable delays shall be governed by the provisions of Article XXIV, and any time extension granted be made pursuant to that Article. A single Change Order may be issued, adjusting both Contract Time and Contract Sum, where both arise from the same claim. 21.1.2.
Requests for Cost Adjustment. All requests for adjustment in the Contract Sum shall be made as follows:
21.1.2.1. Type I Change Orders. (a) Owner-Initiated Changes. When the Owner wished to order changes in the Work, the ODR or the Architect/Engineer shall submit to the Contractor a Change Order Request (COR), consisting of a description of the request, including such Drawings and Specifications as are reasonably necessary to inform the Contractor of the nature of the change. Within 30 days of receipt of the Owner’s COR, the Contractor shall submit a Change Order Proposal Evaluation (CPE) to the ODR and the Architect/Engineer, stating that the proposed change is a no-cost change, or proposing an adjustment in the Contract Sum, as provided under Article XXII. Following resolution of impact of cost and/or time for the change, the Architect/Engineer shall recommend acceptance of the CPE by completing the Architect’s Reason and Justification and the Owner shall execute a Change Order documenting the change in scope of the Work. The Owner may process formal Change Orders that accumulate several separate change actions. (b) Contractor-initiated Changes. When the Contractor considers that any written instruction or interpretation of the Contract Documents issued by the Owner or the Architect/Engineer constitutes a change in the Work affecting the Contract Sum, the Contractor shall so notify the Owner and Architect/Engineer in writing as soon as possible, but not later than 15 days after receipt of the instruction or interpretation, and shall submit a CPE to the ODR and Architect/Engineer as soon as possible thereafter, but not later than 30 days after issuance of the notice. The Contractor’s failure to meet either of these time requirements shall constitute waiver of any and all claims related to such instruction, interpretation, or notice. This CPE shall contain a proposal for an adjustment in the Contract Sum, as provided under Article XXII. The CPE shall be accompanied by a copy of the writing containing the instruction or interpretation, evidence of the date Contractor received the writing and an explanation of how the writing creates the need for a change under terms of the Contract. 21.1.2.2. Type II Change Orders. (a) Notice of Claim. If the Contractor claims that additional cost or time is involved because of the occurrence of one or more of the circumstances set forth in §20.7, the Contractor shall give the ODR and the Architect/Engineer written notice of its intent to submit a claim and shall proceed immediately to document all increased costs or time delays actually incurred as a result. Such notice shall be given as soon as the Contractor becomes aware that such circumstances exist, but not later than thirty (30) days after the onset of the circumstance giving rise to the claim. This notice shall identify the circumstances giving rise to the additional cost or time delay, the elements of cost affected, and the claimed contractual basis for entitlement to relief. The Contractor shall certify that the claim is made in good faith and that the supporting data is current, accurate, and complete to the best of its knowledge and belief, and that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Owner is liable. Failure to certify a claim will result in a determination that no claim has been filed. Such notices shall be accompanied by sufficient written evidence to document the occurrence of a an estimated cost impact, but the full amount of the claim need not be stated at the time the initial claim notice is given to the ODR and the Architect/Engineer. This notice shall include the following additional elements: (1) an analysis of the relevant contract provisions; (2) with description of the facts; and (3) the statement of why the particular facts warrant compensation under the terms of the Contract. The Contractor and Owner recognize and agree that it is beneficial to each other to identify factors affecting the Contractor’s cost of performance, and to take prompt action to control them. Therefore, it is agreed that the Contractor shall not be entitled to request a Type II cost adjustment unless the required notice is submitted timely and the Contractor hereby waives all claims for which such notice is not given.
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(b) Submission of Claim. Claims for adjustment of the Contract Sum for Type II Change Orders shall be made in the form of a CPE submitted to the ODR and Architect/Engineer no later than 30 days after the cessation of the circumstances giving rise to the claim. The CPE shall set forth the Contractor’s proposed cost adjustment, computed pursuant to Article XXII, together with the Contractor’s documentation of costs incurred. Within thirty (30) days after completion of the work in question, the Contractor shall submit in writing to the Owner and the Architect/Engineer the additional following elements of the claim: (4) supporting cost or pricing data; (5) legal analysis, if appropriate; (6) an expert’s opinion, if appropriate; (7) certification; and (8) a formal request for decision. No such claim shall be valid unless these additional elements are so submitted, and the Contractor hereby waives all such invalid claims. 21.1.2.3. Bar to Claims. No claim shall be allowed for an adjustment under this or any other provision of the Contract if asserted after the Owner makes or tenders final payment under this Contract. 21.2
Processing Requests for Change
21.2.1. Response to CPE. As soon as practical allowing for consultant review after receipt of any CPE submitted by the Contractor, the ODR or the Architect/Engineer shall respond either directly to the Contractor in writing or verbally at a project meeting the outcome of which is committed to the written record as to the Owner’s response being by either (1) accepting the Contractor’s proposal, (2) rejecting the same, (3) initiating negotiations with the Contractor concerning the proposed cost adjustment, or (4) requesting additional information. 21.2.2.
T HIS P ROVISION IS DELETED.
21.2.3. Change Authorization. When agreement has been reached concerning the adjustment of cost, the ODR shall accept the Contractor’s CPE, or any subsequently revised CPE issued pursuant to negotiation, by endorsing the CPE “Accepted”, with the date, and returning it to the Contractor. A CPE that has been accepted is a Change Authorization (CA). A CA is effective upon receipt and constitutes the Contractor’s notice to proceed with the changed Work, entitles the Contractor to prepare to submit the adjusted cost of the Work to be incorporated into the approved Schedule of Values on succeeding Pay Applications, as it is completed. The Owner reserves the right to forego this procedure in favor of issuing a formal Change Order in accordance with Section 21.2.5 herewith. 21.2.3.1 The Owner may, in writing, issue a notice to proceed for any portion of the Work in a Change Order for which final adjustment in Contract Sum and/or Contract Time has not been finalized. The Notice to Proceed letter may have a not-to-exceed cost amount for any or all portions of the Change Order. This amount is not to be exceeded without prior written approval by the Owner. 21.2.4.
T HIS P ROVISION IS DELETED.
21.2.5. Execution and Processing of Change Order. The Owner will undertake to issue Owner-Contractor agreed Change Order for signatures within 30 days of agreement, unless otherwise agreed to, provided the Contingency Allowance is not exceeded. In those cases where Change Order Work causes the Contingency Allowance to be exceeded, approval of higher authority may be necessary and, if such approvals are necessary, the Owner will have up to 90 additional days to issue such agreed Change Order. 21.2.5.1. The ODR will authorize the Architect/Engineer to prepare Side A Change Order Request to include specific change items for which time and cost impacts have been agreed, and will state whether the Change Order is to be funded by the Owner’s budget Contingency. 21.2.5.2. The Architect/Engineer shall affix seal and signatures on the COR and distribute directly to the Contractor. The Contractor shall complete Side B – Change Order Proposal Evaluation and submit to the ODR and Architect/Engineer with the required back up documentation within fifteen (15) days of receipt and return it directly to the Architect/Engineer for review. 21.2.5.3. After resolution of pricing, and upon receipt of a completed Side C Architect’s Reason and Justification from the Architect/Engineer the ODR will obtain signatures of Owner, normally within ten (10) days of receipt of Sides A, B and C and will make final distribution to all parties.
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21.3
Unilateral Change Orders
21.3.1. For any Type I or Type II change, the ODR may issue a Unilateral Change Order (ULCO), establishing such adjustment of cost or time, if any, as the Owner deems fair and reasonable, under the following circumstances: 1. If the Contractor fails to submit a CPE within the time required under §§21.1.2.1 or 21.1.2.2 above. 2. If negotiations fail to achieve an agreed price. 3. If, in the Owner’s judgment based on the Progress Schedule, a failure to authorize the Contractor to proceed with a change in the Work may adversely affect the timely completion of the Work. 4. In addition to the above, the ODR shall issue a ULCO on any CPE that remains unresolved sixty (60) days after Substantial Completion of the Project unless otherwise agreed to by the parties or barred by tender of final payment. 21.3.2. A ULCO is effective on receipt by the Contractor. The ULCO obligates the Contractor to perform the Work according to its terms, and authorizes the Contractor to submit the adjusted cost of the Work as allowed in the ULCO on succeeding Pay Applications. 21.3.3. When a Unilateral Change Order has been issued, it will have the full force and effect of a contract modification. It will be included in schedules, payment estimates, reports, and all official records of the Contract. The issuance of a Unilateral Change Order will not prejudice any of the Contractor’s rights to make claims or to appeal disputed matters under other provisions of this Contract. 21.4
Interim Change Authorization
When the Owner determines than an Owner-initiated Type I change in the Work, or a written instruction or interpretation of the Contract Documents for which the Contractor has given notice of its intent to initiate a Type I claim or any other change implementation, must be made promptly in order to prevent damage to the Work in place, to prevent significant delay in the Project Schedule or to maintain safety or for any other reason as determined by the ODR, the ODR may issue an Interim Change Authorization (ICA) directing the Contractor to proceed with changed work before submitting or during the review of a CPE. The ICA shall authorize the Contractor to proceed with the Work on the basis of either (1) time and materials or (2) cost not to exceed a specified amount. Upon receipt of an ICA, the Contractor shall proceed immediately to document all increased costs actually incurred as a result of the Work required under the ICA. At any time prior to the completion of the changed Work, the Contractor may submit a CPE containing a lump sum proposal for the cost of the changed Work, which, if accepted, shall be administered as a Type I change; provided, however, that if the Work is completed prior to acceptance by the ODR of the Contractor’s CPE, the Contractor’s adjustment of the cost shall be limited to the actual cost of the Work. If the ODR or the Architect/Engineer determines that a Contractor-initiated Type I change is without merit, the ODR or the Architect/Engineer shall notify the Contractor to proceed according to the subject written interpretation or instruction. Such a notice to proceed shall have the same effect as a Unilateral Change Order pursuant to §20.4.4, and the Contractor’s rights shall be as set forth in §20.4.4. The Owner may issue ICA’s at its sole discretion for the Owner’s convenience. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article XXII – Pricing Change Order Work 22.1
Lump Sum Cost Proposals
All proposals for an adjustment in Contract Sum shall be made on a lump sum basis as outlined below, setting forth the Contractor’s estimated or actual costs attributable to the changed Work only. The proposed lump sum cost adjustment shall consist of a Base Cost, reflecting the Contractor’s actual or estimated cost of performing the changed Work, in the case of a Type I change, or the increased cost of performance in the case of a Type II change. The Base Cost of Type I changes may be marked up to cover the Contractor’s profit, general conditions costs, scheduling costs, bonding and insurance costs, and all other costs directly attributable to performance of the change Work. The markup also covers all impact costs on unchanged Work. These lump sum cost provisions also apply to Work performed by or claims submitted by Subcontractors as part of the Contractor’s CPE. 22.1.1 Base Cost Computation for Type I Changes. The Base Cost computation includes the following elements only, as relevant: a.
The total cost of materials and supplies, reflecting all available discounts, itemized by cost and quantity;
b. The total cost of all labor, including supervision up to the level of Project Superintendent, itemized to show manhours by trade and classification, burdened hourly rates, and total labor cost. Manhour totals for labor shall be based on the latest version of the “Means Facility Cost Data” as published by R. S. Means Company, or the Contractor’s actual or estimated hours, whichever is less. The Contractor shall provide the Owner (via the ODR) one copy of the current edition of the “Means Facility Cost Data” at no cost. The Owner’s copy shall be either a hard copy of the publication or an electronic CD version, at Owner’s option; c. The cost of additional supervision at and above the level of Project Superintendent, itemized by job function, manhours, and multiplied by the Contractor’s as-bid burdened unit cost for supervision as set out at Contractor’s Proposal; d. The reasonable equipment cost calculated for each type of equipment used in performing the changed Work, based on hours of use, and multiplied by the most recent version of the Rental Rate Blue Book for Construction Equipment (published by Primedia Information, Inc.) to yield total cost. Mobilization costs will not be allowed except when the Contractor demonstrates that the need to mobilize a piece of equipment arose solely because of the changed Work. The Contractor shall provide the Owner (via the ODR) one copy of the current edition of the “Rental Rate Blue Book for Construction Mobilization Costs” at no cost. The Owner’s copy shall be either a hard copy of the publication or an electronic CD version, at Owner’s option; e. All transportation costs for delivery and handling of materials, equipment and supplies, and the removal of waste or debris related solely and directly to the change Work; and f. Work.
All storage costs in excess of 30 days for materials and supplies, if necessitated solely by the changed
21.1.2. Markup on Type I Changes. The amounts a Contractor may add to the pricing of a change for profit and overhead are as follows: a. For Work Performed by it’s own employees. A Contractor (at any contractual level), performing work up to $10,000.00 may add up to 15%; for work between $10,000.01 and $20,000.00 a Contractor may add up to 10%; and for work greater than $20,000.00 a Contractor may add up to 7 ½ %, for any specific change. b. For Managing subcontracted Work. A Contractor (at any contractual level), managing subcontracted work up to $10.000.00 may add up to 10%; for work between $10,000.01 and $20,000.00 a Contractor may add up to 7 ½ %; and for work greater than $20,000.00 a Contractor may add up to 5 %, for any specific change. c. Only one percentage, referenced above, shall be used for the purpose of calculating the markup for a specific change amount. d. On changes involving both additions and deletions, the allowed markup will be allowed only on the net addition. Updated February 4, 2014 Page 49
e. The allowed markup shall cover all overhead expenses and profit, including all current management, supervision, drafting, cost estimating, material handling fees, as-built drawing preparation and submittal costs, apprenticeship program expenses, clean-up, warranty reserve, testing, small tools, insurance, bonds, and all bonuses, incentives, profit sharing or other rewards (both project and company wide). 21.1.3. Unit Prices. Unit prices bid by the Contractor, or subsequently agreed upon, shall include only those cost elements as those set out in §22.1.1, and shall be subject to markup pursuant to §22.1.2. 21.1.3.1. Each unit price bid by the Contractor shall include all costs applicable to the Work, including but not limited to mobilization, demobilization, labor, materials, equipment, supervision, delays, overhead at any level, and profit. 21.1.3.2. Either party may request an equitable adjustment. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115% or below 85% of the originally specified amount. If the quantity variation causes an increase in the time necessary for completion, the Owner, upon receipt of a written request for an extension of time within 30 days from the recognition of the variation or within such further period of time as may be granted by written agreement signed by the Owner, will ascertain the facts and make such adjustment for changing the completion date as in its judgment the findings justify. 22.2
Cost Computation for Type II Changes
22.2.1. Costs and Documentation. For a Type II change, the CPE shall include all information required by Section 21.2.2.2 including but not limited to a reasonably detailed narrative setting forth (1) the nature of the cost impact and its cause, (2) the contractual basis of the Contractor’s claim of entitlement to a cost adjustment, (3) description and documentation of steps taken by the Contractor to mitigate the claimed cost impact, and (4) such other information that is necessary to justify its claim. The Contractor hereby waives any such claim for which they cannot document steps taken to mitigate the claimed cost impact. The cost adjustment proposal for a Type II claim shall be based on itemized documented costs actually incurred. If and only if the actual cost claimed cannot be demonstrated with reasonable certainty, the Contractor may utilize mathematical formulas or models to compute the proposed cost adjustment, but no CPE will be valid unless accompanied by documentation showing that the increased costs claimed in fact resulted from the alleged cause and that the increased costs are compensable under terms of the Contract. 22.2.2. No Markup Authorized. No mark up is authorized on the Base Cost of a Type II claim for costs alleged by either the Contractor or its Subcontractors. 22.2.3. Certification. On CPEs for Type II changes, the Contractor shall certify in writing that all information contained in the CPE is true and correct, and that the costs claimed were incurred as a result of the alleged cause, and were reasonably necessary for the performance of the Work. In the case of Subcontractor pass-through claims, the Contractor shall further certify that the claim stated by the Subcontractor constitutes a legitimate claim against the Contractor, that it is not barred by the terms of the subcontract, and whether and to what extent the claim has been paid. The Contractor may not subsequently modify a claim that has been so certified except for the correction of errors. No Type II CPE shall be considered valid that is not certified and submitted within the time limits set forth in §21.1.2.2. 22.2.4. Cost Computations Under Interim Change Authorizations. Where the Owner issues an ICA authorizing the Contractor to proceed on a time and materials, or a cost not to exceed basis, the Contractor may submit the cost of the Work for payment, as authorized by the ICA, in succeeding Pay Applications once the Contractor has executed the Change Order that includes the particular change action. At any time after receipt of an ICA, the Contractor may submit a CPE proposing a lump sum cost for the change Work, which shall be processed as a Type I change under §22.1 above. The method of incorporating approved changes into the parameters of the accepted Schedule of Values must be coordinated and administered in a manner acceptable to the ODR. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article XXIII – Time Allotted for Performance; Construction Schedules 23.1
Contract Time
The Contract Time will be measured from the date designated in the Notice to Proceed to the date specified for substantial completion by the Contract Documents, including any modification by Change Order. Failure to achieve Substantial Completion within the Contract Time or Final Completion within 30 days following Substantial Completion or as otherwise agreed to in writing will subject the Contractor to Liquidated Damages as provided in §24.3.1. 23.2
Work Progress Schedule
Within the period set forth in the Special Conditions and/or the Planning and Scheduling Specification Section of the Project Manual, the Contractor shall submit in duplicate to the Owner and the Architect/Engineer, for review and acceptance, a proposed Progress Schedule for the Work. The Progress Schedule shall show the dates for starting and completing the various component activities making up the Work, and the logical relationships between them, and shall be in a format and in sufficient detail to permit the Work to be competently managed and its progress monitored. Unless otherwise provided in the Special Conditions, the schedule should utilize the Critical Path Method. The Progress Schedule shall take account of the time required for the preparation and review of required Shop Drawings and submittals. The Contractor shall also submit a separate Submittal Schedule in accordance with §11.1.1, correlated with the Progress Schedule, which shows the dates the Contractor intends to make the required submittals. 23.2.1. Schedule Requirements. The Progress Schedule should be accurate and reliable representations of the progress of the Work to date, and of the Contractor’s actual plans for its completion. The Progress Schedules shall be capable of measuring and forecasting the effect of delaying events on completed and uncompleted activities. Submittal of a schedule, schedule revision or schedule update constitutes the Contractor’s representation to the Owner and Architect/Engineer that the Contractor will follow the schedule as submitted in performing all Work as yet not completed, and that all progress to date shown on the schedule is accurately depicted. 23.2.2. Schedule Updates. The Progress Schedule and Submittal Schedule shall be updated periodically, but no less than once a month, to reflect progress to date, and current plans for completing the Work. The form and contents of the updates, and the required update interval, shall be as specified in the Project Management and Coordination specification Section 01310 and/or the Special Conditions. The updated Progress Schedule shall be submitted to the Owner, and the Architect/Engineer for acceptance, and the Owner shall have no duty to make progress payments until the updated Progress Schedule has been timely submitted. The Contractor shall show the anticipated date of completion reflecting all extensions of time granted as of the date of the update. The Contractor may revise the Progress Schedule logic only with the Owner’s concurrence when in the Contractor’s judgment it becomes necessary for the management of the Work. The Contractor shall submit any schedule revision to Owner and Architect/Engineer for acceptance before it is implemented. 23.2.3. Effect of Schedule Submittal. Submittal of the Progress Schedule, and successive updates or revisions, is for the information of the Owner and Architect/Engineer, and to permit the coordination of their activities with those of the Contractor. Owner and AE shall accept or reject the submittal of a schedule within the same period allowed for review of other submittals. Acceptance of a schedule, schedule update, or revision constitutes the Owner’s agreement to coordinate their own activities with the Contractor’s activities as shown on the schedule. Acceptance of a Progress Schedule, update or revision does not indicate the approval of the Contractor’s proposed sequences and duration. Acceptance of a Progress Schedule update or revision indicating late completion does not constitute the Owner’s consent to a late finish, or waive either the Contractor’s responsibility for timely completion or the Owner’s right to damages for the Contractor’s failure to do so. The Contractor’s scheduled dates for completion do not constitute a change in terms of the Contract. The completion Date(s) can only be modified by Change Order. 23.2.4. Ownership of Float. Unless accepted otherwise by the Owner in writing, the Contractor shall develop its project execution plan to provide 10% total float at the project level, at submission of each Baseline Schedule, as specified. Float time contained in the Progress Schedule is not for the exclusive benefit of the Contractor or the Owner, but may be consumed by either as needed on a first-used basis. 23.2.5. Completion of Work. The Contractor will be held to account for the Work being completed in the time that is stated in the Contract, or any extension thereof.
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23.2.5.1. If, in the judgment of the Owner, the Work is behind schedule and the rate of placement of Work is inadequate to regain scheduled progress so as to ensure timely completion of the entire Work or a separate portion thereof, the Contractor, when so informed by the Owner, shall immediately take action to increase the rate of work placement. This increase shall be accomplished by any one or a combination of the following or other suitable measures: 1. 2. 3. 4.
An increase in working forces. An increase in equipment or tools. An increase in hours of work or number of shifts and/or days including weekends and public holiday. Expedite delivery of materials.
23.2.5.2. The Contractor shall, within ten (10) days after being so informed, notify the Owner in writing of the specific measures taken and/or planned to increase the rate of progress together with an estimate as to when scheduled progress will be regained and an updated Work Progress Schedule illustrating the Contractor’s plan for achieving timely completion of the project. Should the plan of action be deemed inadequate by the Owner, the Contractor will take additional steps or make adjustments as necessary to its plan of action until it meets with the Owner’s approval. The increased rate of Work will continue until scheduled progress is regained. Scheduled progress will be established from the latest revised progress schedule for the job. Timely completion will be understood to be the Contract completion date as revised by all time extensions granted at the time acceleration is undertaken. The Contractor shall not be entitled to additional compensation for the additional effort it applies to the Work under the terms of this subparagraph. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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Article XXIV – Modification of the Contract Time 24.1
Delays of and Extension of Time
When a delay defined herein as excusable prevents the Contractor from completing the Work within the Contract Time, the Contractor shall be entitled to an extension of time, as set forth in §24.1.3. The Contract Time shall be extended by the number of calendar days lost by reason of excusable delay, as measured by the Contractor’s progress schedule (or current update). All extensions of time shall be given in calendar days. In no event, however, will an extension of time be granted for delays that merely extend the duration of non-critical activities, or which consume only float without delaying the project completion date. 24.1.1. Time Extension for Weather Days. A “Weather Day” is a day on which the Contractor’s current schedule indicates Work is to be done, on which inclement weather and related Site conditions prevented the Contractor from performing seven continuous hours of Work between the hours of 7:00 AM and 6:00 PM. Weather days are excusable noncompensable delays. When weather conditions at the site prevent Work from proceeding, the Contractor shall immediately notify the ODR so conditions can be confirmed by the Owner. At the end of each calendar month, the Contractor shall submit to the Owner and Architect/Engineer a list of Weather Days occurring in that month. The Owner and Architect/Engineer shall meet with the Contractor to discuss and resolve any disagreements concerning the number of Weather Days that have directly impacted the Completion Date. Upon Owner and Contractor agreement, any time extension granted will be issued by Change Order. If the Contractor and Owner cannot agree on the amount of time extension, the Owner may issue a ULCO for fair and reasonable time extension. The requirements of §24.2 concerning requests for time extension shall not apply to requests for extensions of time for Weather Days, which are governed by this section alone. The Contractor’s sole relief for delay for Weather Days will be a time extension. 24.1.2. Non-Weather Excusable Noncompensable Delay. The Contractor shall be entitled only to an extension of time for unforeseeable delays not within the control of or arising from the fault of either the Contractor or the Owner caused by the following: a. Unusual delay in the delivery of materials, components, or equipment to be incorporated into the Work. Strikes and labor disputes (but not the availability of adequately skilled labor, unless such impact is caused solely by the conduct of the Owner); b. Physical damage to the Work caused by circumstances beyond the control of the Contractor; c. War, civil unrest or insurrection; d. Other unforeseeable causes beyond the control of either the Contractor or the Owner. 24.1.3. Excusable Delay. The Contractor shall be entitled to an equitable adjustment of cost and/or a time extension, issued via change order, for delays caused by the following: a. Failure of the Owner of the Architect/Engineer to take timely actions required under the Contract Documents, or to provide information required by the Contractor to proceed with the Work in a timely manner. b. Detrimental or obstructive actions of separate contractors employed by the Owner. c. Failure of the Owner to provide access to the Site of the Work. d. Failure of the Owner to provide materials that are to be furnished by the Owner under the Contract Documents, consistent with the Progress Schedule. e. Errors, omissions and imperfections in design that the Architect/Engineer corrects by means of changes in the drawings and specifications. f. Unanticipated physical conditions at the Site that the Architect/Engineer corrects by means of changes to the drawings and specifications. g. Changes in the Work ordered by the Owner or the Architect/Engineer. 24.1.3.1. No Damages for Delay. The Contractor shall have no claim for monetary compensation or damages for delay or hindrances to the Work from any cause including without limitation any act or omission of the Owner. The Contractor’s only claim for any such delay or hindrance shall be for an extension of time as provided in this Article XXIV. 24.1.4. Suspension of Work for Cause. The Owner may, at any time without prior notice, suspend all or any part of the Work, if, in the Owner’s sole discretion, it is considered reasonably necessary to do so to prevent or correct, any condition of the Work, which constitutes an immediate safety hazard, or which may reasonably be expected to impair the integrity, usefulness or longevity of the Work when completed. The Owner shall give the Contractor a written notice of Updated February 4, 2014 Page 53
suspension for cause, setting forth the reason for the suspension and identifying the Work to be suspended. Upon receipt after such notice, the Contractor shall immediately stop the Work so identified. As soon as practicable following the issuance of such a notice, the Owner, with assistance of the Architect/Engineer, shall initiate and complete an investigation of the circumstances giving rise to the suspension, and shall issue a written determination of their cause. The Contractor will not be entitled to an extension of time or compensation for delay resulting from a suspension if the Owner’s investigation determines that the cause was within the control of the Contractor. If the cause is determined not to have been within the control of the Contractor, and the suspensions prevents the Contractor from completing the Work within the Contract Time, the suspension is an Excusable Delay and a Time Extension shall be granted through a Change Order. Suspensions of Work under this provision shall be no longer than is reasonably necessary to identify and remedy the conditions giving rise to the suspension. 24.1.5. Suspension of Work for Owner’s Convenience. Upon seven days’ prior written notice to the Contractor, the Owner may at any time without breach of the Contract suspend all or any portion of the Work for a period of up to thirty days for its own convenience. The Owner shall give the Contractor a written notice of suspension for convenience, which shall set forth the number of days for which the Work, or any portion of it, will be suspended, and the date on which the suspension of Work shall cease. When such a suspension prevents the Contractor from completing the Work within the Contract Time, it is Excusable Delay. A notice of suspension for convenience may be modified by the Owner at any time on seven days’ prior written notice to the Contractor. If the Owner suspends the Work for its convenience for more than 60 consecutive days, the Contractor may elect to terminate the Contract pursuant to the provisions of Article XXV. 24.1.6. Concurrent Delay. When the completion of the Work is simultaneously delayed by an excusable delay and a delay arising from a cause not designated as excusable under the Contract Documents, the Contractor shall be entitled only to a time extension, and not to compensation, for the period of concurrent delay. When the completion of the Work is simultaneously delayed by an excusable delay and an excusable noncompensable delay, the Contractor shall be entitled to a time extension only, as provided under §24.1.3. 24.1.7. Except as expressly provided in this §24.1.2 and 24.1.3, the Contractor shall not be entitled to an extension of the Contract Time, and shall bear all responsibility for financial risks which may accrue from various causes of delay in the construction progress. 24.2
Time Extension Requests
If the Contractor believes that the completion of the Work has been delayed by a circumstance designated as excusable under §24.1.3, other than inclement weather, he shall give the Owner written notice, stating the nature of the delay and the activities potentially affected, within thirty (30) days after the onset of the event or circumstance giving rise to the excusable delay. Such claims should be accompanied by sufficient written evidence to document the delay. In the case of a continuing cause of delay, only one claim is necessary. Claims for extensions of time shall be stated in numbers of whole or half calendar days. All requests for extensions of time not submitted in connection with proposed costs for changed or added Work must be made in writing within thirty (30) days after the cessation of the delay. The Contractor and the Owner recognize and agree that it is beneficial to each to identify delays and make necessary schedule adjustments promptly, and that a Progress Schedule prepared and updated by the Contractor provides an effective tool for measuring and tracking the impact of delays. Therefore, it is agreed that no extension of time will be granted unless the required notice is submitted timely, the required Work Progress Schedule has been regularly updated and submitted as specified, and the notice includes sufficient documentation acceptable to the Owner and Architect/Engineer. All Changes to the Contract Time made as a result of such claims shall be by Change Order, as provided under Article XX. 24.2.1. No Release. No extension of time shall release the Contractor or the Surety furnishing a performance or payment bond from any obligations under the Contract or such a bond. Those obligations shall remain in full force until the discharge of the Contract. 24.2.2. Contents of Time Extension Requests. Each Time Extension Request shall be accompanied by a quantitative demonstration of the impact of the delay on the current Progress Schedule. Time Extension Requests shall include a reasonably detailed narrative setting forth (1) the nature of the delay and its cause, (2) the basis of the Contractor’s claim of entitlement to a time extension, (3) documentation of the actual impacts of the claimed delay on the Progress Schedule, and any concurrent delays, (4) description and documentation of steps taken by the Contractor to mitigate the effect of the claimed delay, including, when appropriate, the modification of the Progress Schedule, and (5) such other information that the Contractor and/or Owner and/or Architect/Engineer considers necessary to justify the claim for an extension of time. No time extensions shall be granted for delays that do not affect the Project Schedule. Updated February 4, 2014 Page 54
24.2.3. Owner’s Response. The Owner or the Architect/Engineer with the Owner’s concurrence shall respond to the Time Extension Request by providing to the Contractor written notice of the number of days granted, if any, and giving its reason if this number differs from the number of days requested by the Contractor. Such an extension of Time is effective on the date the Architect/Engineer or Owner’s notice is received by the Contractor, but a Change Order reflecting the Extension of Time shall be executed by the parties in accordance with Article XX. The Owner will respond to each properly submitted Time Extension Request within fifteen (15) days following its submittal; if the Owner and Architect/Engineer cannot reasonably make a determination about the Contractor’s entitlement to a time extension within that time, the Owner or Architect/Engineer shall so notify the Contractor in writing. Upon written agreement with the Contractor, the Owner shall then have not more than thirty (30) additional days to prepare a final response. 24.3
Failure to Complete Work Within the Contract Time
Time is of the essence of this Contract. The Contractor’s failure to substantially complete the Work within the Contract Time or to achieve final completion as required will cause damage to the Owner. These damages shall be liquidated by agreement of the Contractor and the Owner, as set forth in the Contract Documents. 24.3.1. Collection of Liquidated Damages. The Owner may collect Liquidated Damages due from the Contractor directly or indirectly by reducing the contract sum in the amount of Liquidated Damages in the RFP, Special Conditions, Section 27.2.3 herein, and the Contract. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Updated February 4, 2014 Page 55
Article XXV – Termination and Suspension of the Contract Prior to Completion 25.1
Termination by Owner for Cause
The Owner may, without prejudice to any right or remedy terminate the employment of the Contractor and take possession of the Site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor, under the following circumstances: a. Persistent or repeated failure or refusal, except during complete or partial suspensions of Work authorized under the Contract Documents, to supply enough properly skilled workmen or proper materials; b. Persistent disregard of laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; c. Persistent failure to prosecute the Work in accordance with the Contract Documents, and to insure its completion within the time, or any extension thereof, specified in the Contract; d. Failure to remedy defective Work condemned by the ODR pursuant to Article XII; e. Failure to pay subcontractors, laborers, materialmen and suppliers pursuant to Texas Government Code Chapter 2251; f. Persistent endangerment, by the Contractor or its Subcontractors or other vendors, of the safety of labor or of the Work itself; g. Failure to supply or maintain statutory bonds, pursuant to Article V, or the supply or maintain required insurance, pursuant to Article VI; h. Any other material breach of the Contract; or i. The Contractor becomes insolvent, files for bankruptcy protection, makes a general assignment of its rights and obligations for the benefit of creditors or is, in the Owner’s estimation, otherwise financially incapable of performing the Work. The Owner reserves the right to terminate at any time for any of the above listed causes. Failure to exercise the right to terminate in any instance or for any proper reason shall not be construed as waiver of the right to do so in any other instance or for any other proper reason. 25.1.1. The ODR shall give the Contractor and its Surety thirty days’ prior written notice of its intent to terminate for any of the above reasons. If the Contractor or the Surety demonstrates, to the satisfaction of the Owner, that the condition or conditions upon which the notice of termination is based have been removed, corrected, or will not recur, then the Owner shall rescind the notice and the Contract shall continue unmodified, and the Contractor shall not be entitled an extension of time. 25.1.2. Should the Contractor or the surety fail to so demonstrate within thirty days following receipt of such notice, or fail to satisfy the Owner that the condition or conditions upon which the notice of termination is based have been removed, corrected, or will not recur, the Owner may arrange for completion of the Work and deduct the cost thereof from the unpaid Contract sum remaining, including the cost of additional Architect/Engineer services and of Owner contract administrative costs made necessary by such default or neglect, in which event no further payment shall then be made by the Owner until all costs of completing the Work have been paid. If the unpaid balance of the Contract Sum exceeds the costs of finishing the Work, including compensation for the Architect/Engineer’s additional services made necessary thereby, such excess shall be paid to the Contractor. If such costs exceed the unpaid balance, the Contractor or his surety shall pay the difference to the Owner. This obligation for payment shall survive the termination of the Contract. The Owner reserves the right, where the Contract is terminated for cause, to take assignment of any and all contracts between the Contractor and its Subcontractors, vendors and suppliers, and the ODR shall promptly notify the Contractor of the contracts the Owner elects to assume. Upon receipt of such notice, the Contractor shall promptly take all steps necessary to effect such assignment. 25.2
Termination for Convenience of Owner
The Owner reserves the right, without breach, to terminate the Contract prior to, or during the performance of the Work, for any reason. Upon such an occurrence, the following procedures will be adhered to: a. The Owner will immediately notify the Architect/Engineer and the Contractor in writing, specifying the reason for and the effective date of contract termination. Such notice shall also contain any instructions necessary for the protection, storage or decommissioning of incomplete work or systems, and for safety.
Updated February 4, 2014 Page 56
b. After receipt of the notice of termination, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due at that point in the Contract. 1. 2. 3. 4. 5.
Stop all work. Place no further subcontracts or orders for materials or services. Terminate all subcontracts. Cancel all materials and equipment orders as applicable. Take action that is necessary to protect and preserve all property related to this Contract that is in the possession of the Contractor.
c. When the Contract is terminated for the Owner’s convenience, the Contractor may recover from the Owner payment for all Work executed, including any additional work required pursuant to the notice of termination, and for any provable loss and reasonable expenses attributable to the Work resulting from such termination. 25.3
Termination by Contractor
If the Work is stopped for a period of ninety (90) days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the Work under a contract with the Contractor, then the Contractor may, upon thirty (30) additional days’ written notice to the ODR, terminate the loss and reasonable expenses attributable to the Work resulting from such termination. If the cause of the work stoppage is removed prior to the end of the thirty (30) day notice period, the Contractor may not terminate the Contract. 25.4
Settlement on Termination
When the Contract is terminated for any reason, the Contractor shall, at any time prior to 180 days of the effective date of termination, submit a final termination settlement proposal to the Owner based upon recoverable costs as provided under §§25.1, 25.2 or 25.3. If the Contractor fails to submit the proposal within the time allowed, the Owner may determine the amount due to the Contractor because of the termination and shall pay the determined amount to the Contractor. All settlements on termination shall be administered as Type II Change Orders as provided under Article XX, XXI and XXII. The Contractor waives claims against Owner for consequential damages arising out of or relating to this Contract. This waiver includes damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. 25.5
Force Majeure
Except with respect to the obligation of payments under this Contract, if either of the parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected party (collectively referred to as a “Force Majeure”), then, while so prevented, the affected party’s obligation to comply with such covenant shall be suspended, and the affected party shall not be liable for damages for failure to comply with such covenant. In any such event, the party claiming Force Majeure shall promptly notify the other party of the Force Majeure event in writing and, if possible, such notice shall set forth the extent and duration thereof. The party claiming Force Majeure shall exercise due diligence to prevent, eliminate, or overcome such Force Majeure event where it is possible to do so and shall resume performance at the earliest possible date. However, if non-performance continues for more than thirty (30) days, the GLO may terminate this Contract immediately upon written notification to Contractor. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Updated February 4, 2014 Page 57
Article XXVI – Dispute Resolution 26.1
Generally
Except as provided in Chapter 114 of the Texas Civil Practice and Remedies Code, the dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used, as further described herein, by the Owner and the Contractor to attempt to resolve any claim for breach of contract made by the Contractor that is not resolved in the procedures described in §26.4: a) A Contractor’s claim for breach of this Contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, Subchapter B, of the Texas Government Code. To initiate the process, the Contractor shall submit written notice, as required by Subchapter B, to the ODR. Said notice shall specifically state that the provisions of Chapter 2260, Subchapter B are being invoked. A copy of the notice shall also be given to all other representatives of Owner and the Contractor otherwise entitled to notice under the parties’ Contract. Compliance by the Contractor with Subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, Subchapter C, of the Texas Government Code. b) The contested case process provided in Chapter 2260, Subchapter C, of the Government Code is the Contractor’s sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by the Owner if the parties are unable to resolve their disputes under subparagraph (a) of the article. c) Compliance with the contested case process provided in Subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Texas Civil Practices and Remedies Code. Neither the execution of the Contract by the Owner nor any other conduct of any representative of the Owner relating to the Contract shall be considered a waiver of sovereign immunity to suit. 26.2
Procedure
Except as provided in Chapter 114 of the Texas Civil Practice and Remedies Code, the submission, processing and resolution of the Contractor’s claim is governed by the published rules adopted by the Owner pursuant to Chapter 2260, as currently effective, hereafter enacted or subsequently amended. 26.3
Continuing Performance
Neither the occurrence of an event nor the pendency of a claim constitutes grounds for the suspension of performance by the Contractor, in whole or in part. 26.4
Administrative Remedy
Before submitting any matter not resolved in the ordinary course of business to the dispute resolution process described in §26.1, the Contractor shall make a written request to the ODR for a determination of the matter in dispute. The written request shall clearly state the disputed issue and include or incorporate by specific reference all information or documents that the Contractor wants the ODR to consider in reaching his determination. The ODR shall issue a written notice of decision on the request, which shall be final and conclusive, unless appealed in writing to the Deputy Commissioner for the program area, within 30 days of the notice. The notice of appeal shall particularly state the factual and legal basis for the Contractor’s objections to the ODR’s decision. The Deputy Commissioner will review the decision of the ODR based on the written notice of appeal and the written record that was the basis of the ODR’s decision and issue a written notice of decision on appeal. The Deputy Commissioner’s written notice of decision on appeal shall be final and conclusive on all matters except for claims of breach of contract which are then subject to the dispute resolution process described in §26.1. 26.5
Non-Waiver
Nothing herein shall hinder, prevent or be construed as a waiver of Owner’s right to seek redress on any disputed matter in a court of competent jurisdiction. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Updated February 4, 2014 Page 58
Article XXVII – Miscellaneous 27.1
Written Notice
Written notice shall be considered to have been duly given if the document is delivered in person to the designated representative of the Contractor or Owner for whom it is intended, if delivered at or sent by registered or certified mail to the last business address of the designated representative known to one who gives the notice, or transmitted by fax machine to the last known business fax number of the designated representative, with a receipt retained to prove delivery, or via email return receipt requested. Notice is deemed effective when given rather than when received, however notice by mail, or email is not effective until three (3) days after the date of mailing and notice by fax is not effective until the next business day after faxing. 27.2
Supplemental and Special Conditions
When the Work contemplated by the Owner is of such a character that the foregoing Uniform General Conditions and Supplemental General Conditions of the Contract cannot adequately cover necessary and additional contractual relationships, the Contract may include Special Conditions and other administrative requirements in Division 1 Specifications sections and as described below: 27.2.1. Supplemental General Conditions are incorporated herein and describe the standard procedures and requirements of contract administration followed by The Owner, a contracting agency of the State. Supplemental Conditions may expand upon matters covered by the Uniform General Conditions, where necessary. Supplemental Conditions are of such a character that it is to be anticipated that a contracting agency of the State will normally use the same, or similar, conditions to supplement each of its several projects. 27.2.2. Special Conditions and Division 1 Specification sections shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the Uniform General or Supplemental General Conditions. 27.2.3 Liquidated Damages. Section 24.3.1 of the Uniform General Conditions is hereby modified to include Liquidated Damages in the amount specified in the RFP. 27.3
Federally Funded Projects
If the project is federally funded, the Special Conditions will indicate that fact and will contain any modifications of these General Conditions required as a condition of obtaining federal funding. 27.4
Computation of Time
In computing any time period set forth in this Contract, the first day of the period shall not be included, but the last day shall be. 27.5
Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in accordance with the Contract Documents will survive final payment, completion, and acceptance of the Work, as well as termination for any reason. All duties imposed upon the Contractor by reason of termination, including without limitation the duty to assign subcontracts and contracts with vendors and suppliers, shall likewise survive the termination of the Contract. 27.6
No Waiver of Performance
The failure of either party in any instance to insist on the performance of any of the terms, covenants or conditions of the Contract Documents, or to exercise any of the rights granted thereunder, shall not be construed as waiver of any such term, covenant, condition or right with respect to further performance. 27.7
Governing Law
This Contract shall be governed by the law of the State of Texas.
Updated February 4, 2014 Page 59
27.8
Captions and catchlines
The captions and catchlines used throughout the Uniform General and Supplemental General Conditions are for ease of reference only and have no effect on the meaning of the terms and conditions set forth herein. 27.9
Independent Contractor Status
The Contract Documents create an independent contractor relationship between the Owner and Contractor and neither party’s employees or contractors shall be considered employees, contractors, partners, or agents of the other party. 27.10
No third party beneficiaries
The parties do not intend, nor shall any clause be interpreted to create in any third party, any obligations to, or right of benefit by, such third party under these Contract Documents from either the Owner or Contractor. 27.11
Entire Agreement
These Contract Documents supersede in full all prior discussions and agreements (oral and written) between the parties relating to the subject matter hereof and constitute the entire agreement. 27.12
Assignment
The Contract may not be assigned by either party without the prior written consent of the other, except either party may, upon notice to the other party but without the other party’s consent, assign this Contract to a present or future Affiliate or successor, provided that any such assignment by Contractor shall be contingent on Owner’s determination that the assignee is qualified to perform the Work, is in good standing with the State of Texas and otherwise eligible to do business with the State of Texas. 27.13
Severability
If any provision, sentence, clause, or article of this Contract is found to be invalid or unenforceable for any reason, the remaining provisions shall continue in effect as if the invalid or unenforceable provisions were not in the Contract. All provisions, sentences, clauses, and articles of this Contract are severable for this purpose. 27.14
Parties Bound
Execution of this Contract by each party binds the entity represented as well as its employees, agents, successors and assigns to its faithful performance. 27.15
No waiver of Sovereign Immunity
Nothing herein shall be construed as a waiver of the state’s sovereign immunity. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Updated February 4, 2014 Page 60
PREVAILING WAGE RATES – HEAVY & HIGHWAY
General Decision Number: TX150031 01/02/2015
TX31
Superseded General Decision Number: TX20140031 State: Texas Construction Type: Heavy Counties: Nueces and San Patricio Counties in Texas. HEAVY CONSTRUCTION PROJECTS (including Sewer and Water Line Construction and Drainage Projects) Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number 0 *
Publication Date 01/02/2015
SUTX1987-001 12/01/1987 Rates
CARPENTER (Excluding Form Setting).........................$
9.05
Concrete Finisher................$
7.56
ELECTRICIAN......................$ 13.37 Laborers: Common......................$ Utility.....................$
Fringes
2.58
7.25 7.68
Power equipment operators: Backhoe.....................$ 9.21 Motor Grader................$ 8.72 ---------------------------------------------------------------WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ 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) (ii)). ----------------------------------------------------------------
The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which 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. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and nonunion rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of 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. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * * * *
an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including of surveys, should be with the Wage and Hour Regional which the survey was conducted because those Regional responsibility for the Davis-Bacon survey program. If initial contact is not satisfactory, then the process 3.) should be followed.
requests for summaries Office for the area in Offices have the response from this described in 2.) and
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write 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 the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by 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 4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
General Decision Number: TX150040 01/02/2015
TX40
Superseded General Decision Number: TX20140040 State: Texas Construction Type: Highway Counties: Aransas, Calhoun, Goliad, Nueces and San Patricio Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects & railroad construction; bascule, suspension & spandrel arch bridges designed for commercial navigation, bridges involving marine construction; and other major bridges). Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number 0 *
Publication Date 01/02/2015
SUTX2011-010 08/08/2011 Rates
Fringes
FORM BUILDER/FORM SETTER Paving & Curb...............$ 10.69 Structures..................$ 13.61 LABORER Asphalt Raker...............$ Laborer, Common.............$ Laborer, Utility............$ Pipelayer...................$ Work Zone Barricade Servicer....................$
11.67 10.25 11.23 11.17 11.51
PAINTER (Structures).............$ 21.29 POWER EQUIPMENT OPERATOR: Asphalt Distributor.........$ 14.25 Asphalt Paving Machine......$ 13.44 Motor Grader, Fine Grade....$ 17.74 TRUCK DRIVER Lowboy-Float................$ 16.62 Single Axle.................$ 11.61 ---------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ 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) (ii)). ---------------------------------------------------------------The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which 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. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and nonunion rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of 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. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data
reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
---------------------------------------------------------------WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * * * *
an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including of surveys, should be with the Wage and Hour Regional which the survey was conducted because those Regional responsibility for the Davis-Bacon survey program. If initial contact is not satisfactory, then the process 3.) should be followed.
requests for summaries Office for the area in Offices have the response from this described in 2.) and
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write 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 the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by 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 4.) All decisions by the Administrative Review Board are final. ================================================================
END OF GENERAL DECISION
PREVAILING WAGE RATES WAGE RATE COMPLAINT INFORMATION REQUIREMENTS
Wage Rate Complaint Information Requirements The following information is required for determining whether good cause exist to believe that a violation of Article 5159a, Vernon’s Texas Civil Statutes, has been committed. 1.
Certified Payroll A copy of the payroll, supported by an affidavit from the Contractor or relevant Subcontractor, certifying that the payroll is accurate and that the amounts shown were paid to the individuals indicated.
2.
Worker’s Name The name of each worker shall be printed and easily readable. It shall be located with the hours worked and amounts paid to them.
3.
Classification of Individual Employee The classification of the individual employee shall be as shown on the Wage Rate Determination, located in the project specification.
4.
Hourly Rate to be Paid The minimum amount shown on the Wage Rate Determination, as shown in the project specifications.
5.
Actual Hourly Rate The actual hourly rate paid to the employee.
6.
Hours and Days Worked Indicate the hours and days worked, (i.e., 6 hours, 6-1-99.)
7.
Amounts Paid and Pay Period Indicate the amounts paid during the pay period and identify what the pay period was, (i.e., 6 hours at $10 = $60 for 6-1-99 thru 6-5-99.)
8.
Insurance, Vacation and Retirement a. If insurance, vacation and/or retirement are removed from the employee’s pay, this needs to be indicated. A signed statement, from the employee, giving the company permission to remove these moneys from the employee’s pay needs to be included. b. Show how much removing these moneys from the employee’s pay reduced the hourly rate, (i.e., Insurance, Vacation and Retirement = $.25 per hour, $10.00 minus $.25 = $9.75 per hour.) Revised 10/99
PRE-CONSTRUCTION CONFERENCE AGENDA
PRE-CONSTRUCTION CONFERENCE DATE: January 21, 2016, TBD AGENDA Project: Corpus Christi North Beach BMMP Maintenance Nourishment CEPRA Project No. 1569 I. II. III.
Contract Administration Contractor's Jobsite Requirements/Materials Job Office
IV. V. VI. VII. VIII. IX. X. XI. XII. XIII.
Construction Progress Meetings Progress Payments/Vendor Direct Deposit Authorization Form Subcontractor List, Material Suppliers and Project Schedule Historically Underutilized Business (HUB) Subcontractor Information Submittals Requests for Information (RFI) Contract Changes (Change Orders) Engineer’s Supplemental Instructions (ESI) Time Extensions Project Observations and Reports
XIV. XV. XVI. XVII. XVIII. XIX. XX. XXI. XXII.
Final Inspections Certificate of Substantial Completion Final Acceptance of Work Contract Warranty Safety Prevailing Wage Schedule Close-out Documents Testing Clean-Up
XXIII. XXIV. XXV. XXVI.
Miscellaneous Items Overview of Work by A/E General Discussion Attachments
TRANSMITTAL LETTER
Transmittal Letter To:
Date: GLO/VLB Project Number: If enclosures are not as noted, please notify our office.
Attention:
If checked below, please:
( ) Acknowledge receipt of enclosures. enclosures. ( ) Return enclosures to use. us.
We Transmit:
( ) under separate coverunder herewith via separate cover via in accordance with our request
For Your :
approval
( ) distribution distribution to parties to parties
review & comment
The Following:
drawings
record
( ) specifications specifications
shop drawings
( ) information information
use
( ) change orderchange order
product literature
samples
correspondence Copies
Date
Number
Description
Remarks:
Copies to:
(with enclosures)
By:
Transmittal Letter Revised 01/08
STATE OF TEXAS PURCHASE VOUCHER – CONSTRUCTION & SCHEDULE OF VALUES
GLO/VLB Pay Voucher, revised 01/08
Agency Voucher No.
STATE OF TEXAS PURCHASE VOUCHER - CONSTRUCTION Comptroller's Vendor No.
Agency No.
Agency Name
305
Texas General Land Office/Veterans Land Board
Pay to: (name, address, city state, ZIP code
GLO/VLB Project Number
Period Covered
Contract Date
From:
To: Invoice Date
Invoice No.
Voucher Amount
DESCRIPTION
AMOUNTS
ORIGINAL CONTRACT …………………………………………………………………………………………………………………………………………………… EXTRAS ORDERED …………………………………………………………………………………………………………………………………………………………. TOTAL ……………………………………………………….………………………………………………………………………………………………………………….. DEDUCTIONS ORDERED ………………………………………………………………………………………………………………………………………………. TOTAL NET CONTRACT ………………………………………………………………………………………………………………………………………………… TOTAL AMOUNT EARNED TO DATE …………….……………………………………………………………………………………………………………….… TOTAL RETAINAGE TO DATE …………………….………………………………………………………………………………………………………………….. TOTAL EARNED LESS RETAINAGE …………………………...………………………………………………………………………………………………… TOTAL PREVIOUSLY APPROVED ………………………………………………………………………………………………………………………………… AMOUNT DUE THIS STATEMENT ………………………………………………………………………………………………………………………………… ARCHITECT/ENGINEER CERTIFICATION
CONTRACTOR'S CERTIFICATION
In accordance with the Contract Documents, based on on-site observations and other pertinent data, the Architect/Engineer certifies that, to the best of the Architect/Engineer's knowledge, information and belief, the work has progressed to the point indicated and that this is a true and correct statement of work performed and materials supplied by the Contractor, and that this statement of account and the amount due is correct and that all work and material has been performed in full accordance with the terms and conditions of the Contract Documents and authorized changes thereto.
I
do hereby certify that I am
By: Architect/Engineer
Date
GLO/VLB Contact Name
(Title of person certifying)
Phone No.
and that I am duly authorized to make this certification for and on behalf of
AGENCY CERTIFICATION (Name of payee company/claimant)
I certify that the above services were rendered or goods received; that they correspond in every particular with the contract under which they were procured; that the invoice is true and unpaid; and that the claim was presented to the State within the applicable limitations period.
I further certify that the attached invoice is correct and that it corresponds in every particular with the supplies and/or services contracted for. I further certify that the account is true, correct and unpaid. Name
Title
Name DATE APPROVED FOR PAYMENT
Title
Name
Title
Name
Title
Signature
Date
PRICES ABOVE ARE APPROVED
By:
FOR FISCAL USE ONLY (circle one)
Remittance Vendor ID
DT
Send to USAS
Batch #
YES
Entered by
NO
Date
Invoice #
Received Date
AY
Request Payment Date
Interest Override
Source Code
Date Paid
PCC
Warrant / Direct Deposit #
Amount Encumbrance No
Amount
C
Req #
Order Date
Payment Due Date
Agency Fund
Object Class
Description (includes vendor account#)
Descriptive / Legal Text
Prepared by:
Date:
Approved by:
Date:
Org Code
Continuation Sheet - Schedule of Values Application Number: Period from:
A Item No.
B Description of Work
to:
C
D
E
Work Completed From Scheduled Previous This Value Application Period (D+E)
I G H F Materials Total Presently Completed Balance to Stored and Stored % (C-G) Finish (C- Retainage (Not in D to Date G) or E) (D+E+F)
CONSTRUCTION PAYMENT AFFIDAVIT
GLO/VLB PROJECT NO.:
______
CONSTRUCTION PAYMENT AFFIDAVIT State of Texas County of The undersigned, being duly sworn and having personal knowledge of the matters set forth herein, deposes and say under oath: 1. That he or she of
(Name)
, is
(Title)
(Firm/Corp./Partnership, etc.)
2. That
is the contractor of a
construction project pursuant to a contract, identified as
(GLO/VLB Project No. and Title of Contract)
(“Contract” herein) in which the State of Texas is defined as the Owner. 3. The Contractor has performed work and labor or furnished materials for use in the construction project defined by the Contract. 4. All payments by the Contractor to its Subcontractors and Material men for work, labor, materials, machinery and equipment furnished to it by said Subcontractors and Material men are timely made or shall be made within the meaning of and in accordance with the requirements of the Uniform General Conditions applicable to the contract and Contractor knows of no other person or entity having a right to assert any lien on account of materials or labor furnished to it for construction pursuant to the Contract. Signature Title Sworn and subscribed to before me the undersigned authority on this
day of
, Notary Public State of Texas My Commission Expires
Revised 01/08
TIME CHANGE ORDER FORM
Texas General Land Office/Veterans Land Board
TIME CHANGE ORDER
Construction Services, Suite 700 1700 N. Congress Avenue
FOR TIME EXTENSIONS ONLY
Austin, Texas 78701
GLO CONTRACT NO.
Phone: (512) 936-2239
GLO/VLB PROJECT NO.
ARCHITECT/ENGINEER
CONTRACTOR
Firm Name
Firm Name
Project Title
Address
Address
Project Site
City & State
City & State
Agency
Original Contract Period
Original Completion Date
Contract Date
Work Order Date
NOTE TO CONTRACTOR: List all time periods for which the request
Change Request No.
is being made. Give the month and days in each period and the
Architect/Engineer
Change Order No. By GLO/VLB
T-
reason this period was lost. If necessary, in order to document loss, use additional sheets or attach substantiating evidence.
Texas General Land Office/Veterans Land Board: The following time was lost due for reasons beyond the control of this Contract: (Indicate losses resulting from?)
Signed Contractor Texas General Land Office/Veterans Land Board:
Date
EXTENSION RECOMMENDED
Calendar days
Original contract period Previous extensions Current contract period Amount of this request NEW CONTACT PERIOD Original completion date Current completion date NEW COMPLETION DATE
Architect/Engineer
Date
Project Manager
Date
Deputy Commissioner - Program Area
Date
APPROVED
Chief Clerk, GLO
Date
VENDOR DIRECT DEPOSIT AUTHORIZATION
PRINT FORM 74-176
(Rev.1-11/10)
CLEAR FIELDS
For Comptroller’s Use Only
Vendor Direct Deposit / Advance Payment Notification Authorization
For State Agency Use
This form may be used by vendors or individual recipients - to receive payments from the state of Texas by direct deposit - to change or cancel existing direct deposit information
Advance Payment Notification International Payments Verification Interagency Transfer
SECTION 1
Transaction Type New setup (Sections 2, 3, 4 and 5 - Section 6 is optional) Change financial institution (Sections 2, 3, 4 and 5 - Section 6 is optional) Change account number (Sections 2, 3, 4 and 5 - Section 6 is optional)
Change account type (Sections 2, 3, 4 and 5 - Section 6 is optional) Cancellation (Sections 2 and 4 - Sections 7 and 8 for state agency use)
SECTION 2
Payee Identification Social Security Number (SSN) or Employer Identification Number (EIN)
Mail code (If not known, leave blank.)
Payee name (Business/Individual)
Phone number
( Mailing address
)
City
ext. State
ZIP code
Financial Institution (Completion by financial institution is recommended.)
SECTION 3
Financial institution name
City
Routing transit number (9 digits)
State
Customer account number (maximum 17 characters)
Type of account
Checking Financial representative name (optional)
Savings
Title (optional)
Financial representative signature (optional)
Phone number (optional)
(
)
Date (optional)
ext.
SECTION 4
Authorization for Setup, Changes or Cancellation (required) I authorize the Texas Comptroller of Public Accounts to deposit my payments from the state of Texas to my financial institution electronically. I understand that the Texas Comptroller of Public Accounts will reverse any payments made to my account in error. I further understand that the Texas Comptroller of Public Accounts will comply at all times with the National Automated Clearing House Association's rules. (For further information on these rules, please contact your financial institution.) Authorized signature
Printed name
Date
SEC 5
International Payments Verification (required) Will these payments be forwarded to a financial institution outside the United States? .........................................................
YES
NO
SECTION 6
Authorization for Advance Payment Notification Setup (optional) I authorize the Texas Comptroller of Public Accounts to send an e-mail notification one business day prior to the payment posting to my account. I understand that notifications may include payment information that is considered confidential and therefore exempt from public disclosure. Contact name (Please print)
Contact phone number
(
)
ext.
E-mail address
SEC 7
Cancellation by Agency (for state agency use) Reason
Date
Authorized Signature (for state agency use)
SECTION 8
Signature
Date
Phone number
( Agency name
Comments
Agency number
)
ext.
Please return your completed form to: TEXAS COMPTROLLER OF PUBLIC ACCOUNTS Fiscal Management - Direct Deposit Program P.O. Box 13528 Austin, TX 78711-3528 E-mail:
[email protected] FAX: (512) 475-5424 Phone: (512) 936-8138
Form 74-176 (Back)(Rev.1-11/10)
Instructions for Vendor Direct Deposit / Advance Payment
Notification Authorization
Under Ch. 559, Government Code, you are entitled to review, request and correct information we have on file about you, with limited exception in accordance with Ch. 552, Government Code. To request information for review or to request error correction, contact us at (800) 531-5441, ext. 6-6057.
Section 1: Select the appropriate transaction type(s). Section 2: Provide the Social Security Number or Employer Identification Number (EIN). Section 3: Completion by financial institution is recommended. Important: Your direct deposit account information may be different from the account information printed on your checks. It is recommended that you contact your financial institution to confirm your direct deposit account information. Note: A prenote test will be sent to your financial institution for the account information entered into the Comptroller's system. The prenote test is for a period of six banking days, and it is sent to your financial institution to verify your account information. If no further action is required by your financial institution, your direct deposit instructions will become effective when the six banking day prenote time frame has expired. Section 4: Must be completed in its entirety, and no alterations to the authorization language will be accepted. Section 5: If you receive state payments by direct deposit which are forwarded from a United States financial institution to a financial institution outside the United States, please contact the Texas Comptroller of Public Accounts at (512) 936-8138 and FAX your form to (512) 475-5424 or send to
[email protected]. Section 6: Provide the contact name, phone number and e-mail address to which payment notifications are to be sent. Notifications are sent for direct deposit payments only, and e-mails are sent one business day prior to the deposit. Submit the completed form to the state agency with which you are conducting business. If the agency is unknown, please call (512) 936-8138 to obtain contact information.
For State Agency Use Section 7: Provide reason for cancellation request. Section 8: Must be completed if submitting form to the Comptroller's office for international payment verification, advance payment notification or interagency transfer processing. Indicate requested action using the "For State Agency Use" box located at the top of the form. If an international payments verification, advance payment notification or interagency transfer is requested by the agency, select the desired action(s) in the box on the upper right corner of the form and submit the form to the Comptroller's office. State agencies should complete the direct deposit setup or change prior to submitting the form to the Comptroller's office.
SUBMITTAL COVER SHEET
Texas General Land Office/Veterans Land Board Construction Services, Suite 700 1700 N. Congress Ave. Austin, Texas 78701 Phone: (512) 936-2239
SUBMITTAL
GLO/VLB Project Number, Name and Location
Date
No. of copies and description of submittal Contractor and address with zip code Architect/Engineer and address with zip code Note:
Approval does not relieve Contractor from responsibility for errors on submittals and for deviations from drawings and specifications unless he notifies A/E in writing and receives written approval. Drawing and specification changes are NOT authorized by approval of submittals.
Spec. Division
ROUTING AND ACTION CONTRACTOR
Submittals checked for compliance Submittals sent to Architect/Engineer Status Copy of Submittal Cover Sheet only sent to GLO
By Contractor
ARCHITECT/ENGINEER
Date
No Exceptions Exceptions Noted Revise and Resubmit (returned to the Contractor)
By Architect/Engineer
Date
COPIES DISTRIBUTED AS FOLLOWS: Architect/Engineer Contractor (1 copy to be held for Owner close-out documents) GLO/VLB
By Architect/Engineer
RECEIVED
Date
GLO/VLB Division File
By GLO/VLB
Date
By
Date
COMMENTS
Revised 01/08
CHANGE ORDER FORM A, B, C, D
ARCHITECT'S or ENGINEER'S CHANGE ORDER REQUEST
TO: Contractor Date
REF: See form D Please prepare a CONTRACTOR'S CHANGE ORDER PROPOSAL EVALUATION
GLO/VLB PROJECT NO.
on the following proposed change: (Additional documents necessary to completely describe the change, identified below, are attached. )
CHANGE REQUEST NO.
This request was initiated
Your early response is solicited
by
by
Architect / Engineer
A
CONTRACTOR'S
TO: Architect / Engineer Date
REF: SEE form D
CHANGE ORDER PROPOSAL EVALUATION
The following is a detailed cost breakdown, including both materials and labor for all additions to and/or deductions from the contract sum if the change described in the form A of the project referenced on form D is accepted: (Additional data necessary to support itemized figures is attached and identified below.)
B
GLO/VLB Project No. Change Request No.
Total
(Addition) (Deduction)
to CONTRACT SUM if accepted . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
REQUEST IS MADE FOR ADDITION OF _______ CALENDAR DAYS TO THE CONTRACT PERIOD. The above proposal is submitted for your consideration. The undersigned contractor understands and agrees that this proposal is validated only by the approved CHANGE ORDER (form D) attached hereto
Authorized Signature
Name of Contracting Firm
ARCHITECT'S or ENGINEER's
TO : Texas General Land Office/Veterans Land Board Date
REASON & JUSTIFICATION
C
REF: See form D GLO/VLB PROJECT NO. The Change Order Documents are presented for your consideration and approval The Contractor's Change Proposal has been reviewed and approved by the under signed. Acceptance of this change is recommended for the following REASON and JUSTIFICATION.
Respectfully submitted by Architect / Engineer
ROUTING INFORMATION 1. Architect / Engineer prepare form A, ARCHITECT'S or ENGINEER's CHANGE ORDER REQUEST, and fill in project information on form D. Assign Change Request Number. Transmit to Contractor. 2. Contractor prepare form B, CONTRACTOR'S CHANGE ORDER PROPOSAL EVALUATION. Transmit to Architect / Engineer. 3. Architect / Engineer review form B, CONTRACTOR'S CHANGE ORDER PROPOSAL EVALUATION, prepare form C, ARCHITECT'S or ENGINEER's REASON & JUSTIFICATION. Transmit to the Texas General Land Office/Veterans Land Board. 4. GLO Project Manager will review all documents, fill in amounts on form D, CHANGE ORDER, assign CHANGE ORDER NUMBER, and endorse. Transmit to GLO Chief Clerk. 5. Chief Clerk will review all documents and sign form D, CHANGE ORDER. 6. GLO Project Manager will transmit copies of executed documents to all parties.
CHANGE REQUEST NO.
Texas General Land Office/Veterans Land Board
CHANGE ORDER
Construction Services, Suite 700
D
1700 N. Congess Ave., Austin, Texas 78701 Telephone: (512) 936-2239 GLO/VLB PROJECT NO. GLO CONTRACT NO. ARCHITECT/ENGINEER
CONTRACTOR
Firm Name
Firm Name
Project Title
Address
Project Site
City & State
Agency
City & State
Contract Date
Work Order Date
Original Contract Period
TO
Original Completion Date
Change Request No.
Change Order Number Contractor
Your CONTRACTOR'S CHANGE PROPOSAL on the subject describes in brief as
ORIGINAL CONTRACT. . . . . . . . . . . $ Previous Additions
$
This Change Add
$
TOTAL ADDITIONS . . . . . . . . . . . . $ has been reviewed by the persons whose signatures are affixed hereon and is hereby approved effective immediately for incorporation into the work. Accordingly, this approval validates your CONTRACTOR'S CHANGE PROPOSAL which is attached hereto and together form the CHANGE ORDER. Pursuant to the change being accomplished, the total sum will be altered as shown hereon.
Previous Deductions
$
This Change Deduct
$
TOTAL DEDUCTIONS . . . . . . . . . . $ TOTAL NET CONTRACT . . . . . . . . $ The Contract Period is extended calendar days.
Date
Total Inclusive approved extensions calendar days. Chief Clerk, GLO
Amended Completion Date Texas General Land Office/Veterans Land Board Review:
For GLO Coastal projects only:
All documents of this change have been reviewed by the undersigned and are recommended for approval.
Reviewed by program area and approval is recommended (please initial):
Project Manager Date Team Leader Program Area - Deputy Commissioner Division Director Budget or Funds Management Finance Director Project Manager
FINAL PAYMENT CHECKLIST
TEXAS GENERAL LAND OFFICE/VETERANS LAND BOARD FINAL PAYMENT CHECKLIST GLO/VLB Project No.:
I.
Project Name:
____
Location:
____
Contractors: Substantial Completion Certificate on file. Substantial Completion Inspection and Final Punchlist completed. Letter of Guarantee, Warranty received and on file. List of names and address of obligatory vendors on file. Final copy of Close-out Documents and Submittal Records received and in good order. Release of Lien by Subcontractors/Suppliers received. A/E certification and recommendation to Owner of Contractor’s final payment. Consent to release of final payment by Surety on file. Final HUB PAR form received and on file. All contract Change Orders processed to effect final payment. Project Manager has filed Original Certificate of Substantial Completion in Legal file. Copies to GLO Accounting Office and Program Area. Final copy of Close-out Documents and Submittal Records received and meet project specifications. Where applicable due to special conditions, retainage is held for reasons stated in project records. See project record.
Contractor’s Project Closure Review by: Project Manager
Date
II. Architect/Engineers: Project rendering received (where applicable). Reproducible As-builts drawings received. Film mylars marked to reflect As-built conditions. Two (2) copies specification project manuals w/ addenda. CAD electronic data disks, CD-ROMs received. Copy of all reimbursable receipts on file. Project Manager review of A/E Agreement fee compensation. Copy of final HUB PAR form received. Final copy of Close-out Documents and Submittal Records received and meet project specifications.
A/E’s Project Closure Review by: Project Manager
Date Revised 01/08
CONSENT OF SURETY TO FINAL PAYMENT
CONSENT OF SURETY TO FINAL PAYMENT
TITLE OF PROJECT
NORTH BEACH NOURISHMENT
PROJECT LOCATION
Corpus Christi, Texas
CONTRACT DATE
________________
OWNER:
Texas General Land Office 1700 N, Congress Avenue Austin, TX 78107-1495
CONTRACTOR:
___________________________________________________________ (Name)
___________________________________________________________ (Address)
___________________________________________________________ (City, State, Zip Code)
SURETY COMPANY:
___________________________________________________________ (Name)
___________________________________________________________ (Address)
___________________________________________________________ (City, State, Zip Code)
on bond of _____________________________________________, Contractor, hereby approves of the final payment by Owner to Contractor on the above contract, and agrees that final payment to the Contractor shall not relieve Surety Company of any of its obligations to Owner as set forth in said Surety Company’s bond. IN WITNESS WHEREOF, Surety Company has hereunto set its hand this ________ day of _______________________, 20__. SURETY COMPANY:
By:
__________________________________________ (Signature)
__________________________________________ (Printed Name)
__________________________________________ (Title)
DIVISION 01 GENERAL REQUIREMENTS
DIVISION 01 – GENERAL REQUIREMENTS SECTION 01000 – SPECIAL CONDITIONS PART 1 – GENERAL 1.01
EXAMINATION OF SITE Respondents should visit the site and be thoroughly familiar with job conditions prior to submitting a proposal. Failure to give proper consideration to these conditions when preparing proposals will not constitute grounds for additional compensation. Refer to Division 00, Request for Proposals, Article 2.2.4, Site Visit/Inspection.
1.02
INQUIRIES All inquiries regarding the drawings, specifications, and/or contract documents, including any apparent discrepancies thereto, shall be directed to the Engineer: HDR Engineering, Inc. Attn: M. Cameron Perry, P.E. 555 N Carancahua, Suite 1600 Corpus Christi, Texas 78401 Tel: (361) 696-3352 Fax: (361) 696-3385 E-Mail:
[email protected]
1.03
INTENT OF THE CONTRACT DOCUMENTS Should the Contractor observe conflicts in or omission from the contract documents, Contractor shall bring them to the Engineer’s attention for decision, inclusion and revision as soon as possible after originally observed. Specifications shall take precedence over conflicting drawings. Explanatory notes on the drawings shall take precedence over conflicting drawn-out indications. Large-scale details will take precedence over small-scale drawings and figured dimensions to scale measurements. Where figures are lacking, scale measurements may be followed, but in all cases the measurements are to be checked from the work in place. Should variations be found, they must be referred to the Engineer for instructions prior to proceeding with the work. In the event of conflict between the Pre-Construction Conference Agenda, Special Conditions, and/or the Uniform General and Supplementary Conditions, the following priority order shall apply in resolving such conflicts: Pre-Construction Conference Agenda, Special Conditions, Supplementary General Conditions, and then Uniform General Conditions. Refer to Division 00, Uniform General and Supplementary Conditions, Article IV, Drawings and Specifications.
1.04
PERMITS AND LAWS A. The Contractor shall comply with all federal, state and municipal laws, rules regulations, and ordinances applicable to the work of this contract, and shall obtain and pay for all permits required in connection with the execution of the work. The Owner shall be furnished with certified copies of these permits if the Owner so requests. Refer to Division 01, Section 01100, Permits, for Owner-obtained permits. B. If such laws, rules, regulations or ordinances conflict with the contract documents, then such laws, rules, regulations, or ordinances shall govern instead of the contract documents, except 01000-Page 1 of 6
in such cases where the contract documents exceed them in quality of materials or labor, then the contract documents shall be followed. 1.05
INSURANCE COVERAGE This section amends Uniform General and Supplementary Conditions, Article 6.1.2. A. Contractor shall provide the following supplemental insurance coverage as required: 1. U.S. Longshore and Harbor Workers’ Insurance – Statutory amount in compliance with the United States Longshore and Harbor Workers’ Act. 2. Maritime Employers Liability Insurance – Any employees who may fall under the Death on High Seas Act, Jones Act, or any other federal or state acts relating to maritime employment must be covered by Maritime Employers Liability Insurance of not less than $500,000.00. Such coverage will include but not be limited to transportation, wages, maintenance and cure, as well as any other liabilities arising under such maritime employment. B. Additionally Insured – The GLO and the City of Corpus Christi are required to be identified as additionally insured on all required insurance coverages. Work on any contract shall not begin until Contractor has submitted acceptable evidence of insurance. Failure to maintain insurance coverage or acceptable alternative methods of insurance shall be deemed a breach of contract.
1.06
SUBMITTALS A. Refer to Division 00, Uniform General and Supplementary Conditions, Article XI, Shop Drawings and Submittals. B. Daily Activities Reports: Contractor shall provide daily reports documenting completed/ongoing/upcoming work, comparison of scheduled versus actual work completed, adverse weather or other problems that cause delays, and other items as may be required throughout these specifications. Reports shall be completed for every calendar day from the Notice to Proceed to the date of demobilization. Reports shall be submitted to Engineer on a weekly basis.
1.07
QUALITY ASSURANCE A. Construction Observation: The Owner and Engineer will periodically observe the construction progress, procedures, and materials of the Contractor. The Contractor shall offer full cooperation to facilitate these observation activities, and shall be responsive to questions regarding methods, equipment, materials, and intentions in pursuing the work or any particular thereof. Such observation by the Owner and/or Engineer is for the express purpose of verifying compliance by the Contractor with the Contract Documents and shall not be construed as construction supervision nor indication of approval of the manner or location in which the work is being performed as being a safe practice or place. The safety of the workers on the site is the responsibility of the Contractor. By entering the site, the Contractor and its employees relieve the Owner and Engineer of any responsibility for their safety and accept complete responsibility for any unsafe acts or procedures which may cause them harm.
01000-Page 2 of 6
B. Rejection of Work: If the Owner or Engineer rejects work and/or materials incorporated into the work, Contractor shall bear all expenses associated with testing to prove compliance with the Contract Documents, including but not limited to engineering expenses associated with such testing. Any and all such expenses that are paid directly by Owner will be deducted or withheld from subsequent payment(s) to the Contractor. 1.08
PROGRESS PAYMENTS Refer to Division 00, Uniform General and Supplementary Conditions, Article XIII, Contract Payments; and Division 01, “01250, Measurement and Basis of Payment.”
1.09
CONTRACT NOTICE-TO-PROCEED AND COMPLETION A. Contract Period: This contract must be completed within the specified number of days commencing on the date cited in the Notice-to-Proceed letter. The Contractor’s Proposal Form for this project has been written to reflect this completion requirement. Unless specifically stated as “working day,” the term “day” or “calendar day” shall mean every day of the calendar year. Refer to Uniform General and Supplementary Conditions, XXIII, Time Allotted for Performance; Construction Schedules. B. Notice-to-Proceed: The Contractor shall mobilize and commence work within 10 calendar days after written receipt of Notice-to-Proceed from the Owner. Within 20 calendar days of the Notice-to-Proceed issued by the Owner, the Contractor shall submit a construction schedule for review by the Engineer. C. Liquidated Damages: The Owner has determined that the completion of the work in this contract is critical to fulfill legal obligations related to project funding, and the Contractor’s failure to complete the work within such time will cause damage to the Owner. Since exact damages are difficult to determine or forecast, the sum of $1,000 (one-thousand dollars) per calendar day is hereby established by the parties as a reasonable estimate of just compensation to the Owner for the failure of the Contractor to complete the work by the time set forth in the contract or authorized extension thereto. Said sum will be deducted from the money due or to become due to the Contractor, not as a penalty but as liquidated damages from added expense, including administrative and inspection costs, for each and every calendar day the work or any portion thereof remains incomplete after the expiration of the time limit set in the contract or authorized extension. Charges for liquidated damages will begin accumulating on the first calendar day following the final contract completion date and continue until the date of final acceptance as established by the Owner. Final acceptance will not be issued until all punch list items have been completed. Refer to Uniform General and Supplementary Conditions, XXIV, Modification of the Contract Time.
1.10
CONSTRUCTION SITE AND JOB CONDITIONS A. Supervision: The Contractor’s Superintendent shall be on site at all times that work is in progress. The Contractor shall not allow any unsafe or unsanitary conditions to develop as a result of Contractor's operations. B. Site Maintenance: Trash or debris shall not be allowed to accumulate on the site. Contractor shall clean the entire area of any litter resulting from Contractor's operations on a daily basis. The Contractor shall maintain the premises as clean and presentable as good construction practices will allow at all times.
01000-Page 3 of 6
C. Utilities: Water and electrical power will not be furnished by the Owner. Any temporary connections or appurtenances shall be provided by the Contractor at no cost to the Owner and removed from the premises at the conclusion of the contract. D. Temporary Toilets: The Contractor shall provide and maintain in neat, sanitary condition toilets and other necessary accommodations for employees’ use to comply with the regulations of the State Department of Health or other jurisdictions. E. Fire Protection: The Contractor shall take stringent precautions against fire. Open fires are not allowed unless approved in writing by Owner. 1.11
OCCUPATIONAL SAFETY AND HEALTH STANDARDS The work and the Contractor’s operational activities shall comply with the applicable provisions of the U. S. Department of Labor, Occupational Safety and Health Administration’s safety and health regulations for construction and with applicable Occupational Safety and Health Standards.
1.12
PROTECTION OF PUBLIC The Contractor shall be responsible for public safety at the construction site. All temporary fencing, barricades, warning lights, signs, and flagmen shall be provided and maintained by Contractor as needed. The Contractor shall maintain security of the construction site.
1.13
SITE PHYSICAL DATA Information furnished below is for the Contractor’s review. However, it is expressly understood that the Owner and Engineer are not responsible for any interpretation or conclusion drawn by the Contractor. The Owner and Engineer also are not responsible for any lack of information herein pertaining to physical conditions at the site. The Contractor shall make every effort possible to familiarize himself with and research the conditions to be expected at the site. A. Tidal Conditions: Under ordinary conditions, the tidal range is about 0.6 ft. However, the tide elevation is largely dependent on the speed, direction, and duration of the wind. Strong winds may raise or lower the water surface by as much as, and in some instances more than, 2.5 ft. B. Marine Conditions and Currents: In addition to tidal fluctuations and current velocities mentioned herein, the water at the project site may at times be rough. The site is also subjected to significant drawdown and surge of the water level as well as strong currents from vessels in the nearby highly utilized ship channel. Again, the contractor should familiarize himself with the daily and extreme conditions that might be expected throughout the duration of this project. Impact and rework of partially completed work components (i.e. excavations, filled areas, etc.) shall not be just cause for increased compensation. C. Groundwater: Subsurface groundwater conditions and elevations may change. Changes in groundwater elevations shall not be just cause for increased compensation. D. Surface Debris: Areas of Work may be cluttered with debris, trash, etc. washed ashore. Prior to commencement of the Work, Contractor shall remove debris from the footprint of all Work areas. Debris shall not be covered up, buried, pushed into adjacent areas, or incorporated into the earthwork of the project. Debris shall be hauled away from the project site and disposed of 01000-Page 4 of 6
in accordance with applicable federal, state, and municipal laws, rules, regulations, and ordinances. 1.14
PROTECTION OF SITE A. The Contractor is notified that construction will occur adjacent to active public recreational facilities, private property, and environmentally sensitive areas. The Contractor is hereby notified that adverse Working conditions may exist, and the necessary allowances and precautions shall be made to avoid damaging public and private property and sensitive vegetation. Unauthorized damage to any existing utilities, building facilities, structures, or plant life shall be repaired by the Contractor at no expense to the Owner. B. Utility locations have not been field verified. Pipelines and/or other existing underground installations and structures in the vicinity of the Work may be present. The Contractor shall make every effort to locate all underground obstacles and/or pipelines by prospecting in advance of all trench excavation. Any damage to pipelines, including any resulting environmental contamination, caused by the construction activities shall be repaired/cleaned-up by the Contractor. Any delay or extra cost to the Contractor shall not constitute a claim for extra Work, additional payment, or damages. C. The Contractor shall protect all vegetation adjacent to and within the construction site. If Contractor's Work will require removal of vegetation, the Contractor shall obtain approval of Owner prior to removal. The Contractor shall be held liable for removal of vegetation without Owner's prior approval. D. The plans show the locations of all known surface structures pertinent to the Work. The locations of surface and subsurface features shown on the plans are not exact. In the case of underground or underwater obstructions such as existing water, sewer, storm sewer, gas, electrical lines, piling, debris, or partial structures that are not shown on the plans, their location is not guaranteed. The Owner assumes no responsibility for failure to show any or all these structures on the plans or to show them in their exact location. Failure to show will not be considered sufficient basis for claims for additional compensation for extra Work in any manner whatsoever, unless the obstruction encountered is such as to necessitate substantial changes in the lines or grades, or requires the building of special Work for which no provision is made. Minor changes and variations of the Work specified and shown on the plans shall be expected by the Contractor and allowed for as incidental to the satisfactory completion of a whole and functioning Work or improvement.
1.15
MISPLACED MATERIAL Should the Contractor, during the progress of the construction, lose, dump, throw overboard, sink, or misplace any material, plant, machinery or appliance outside of the project template/work area, which in the opinion of the Engineer may be dangerous and/or obstruct navigation, the Contractor shall recover and remove the same with the utmost dispatch. The Contractor shall give immediate notice, with description and location of such obstructions, until the same are removed. Should the Contractor refuse, neglect or delay compliance with the above requirements, such obstructions may be removed by the Owner, and the cost of such removal may be deducted from any money due or to become due to the Contractor, or may be recovered under his bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Sections 15, 19, and 20 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C 410 et seq).
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1.16
SIGNAL LIGHTS The Contractor shall display signal lights and conduct his operations in accordance with the general regulations of the Department of the U.S. Army and the U.S. Coast Guard. These general regulations govern lights and day signals on towing vessels with tows, vessels working on wrecks, dredges, vessels engaged in laying cables or pipe, dredge pipe lines, vessels of more than 65 feet in length moored or anchored in a fairway or channel, and floating plant working in navigable channels, as set forth in Commandant U.S. Coast Guard Instruction M16672.2, Navigation Rules: International – Inland (COMDTINST M16672.2) or 33CFR81 Appendix A (International) and 33 VFR 84 through 89 (inland) as applicable.
1.17
VESSEL TRAFFIC The Contractor shall conduct the work in such a manner as to endanger commercial and recreational navigation as little as possible. The Contractor shall visit the site prior to submitting the proposal, and inform himself as to the conditions to be expected. Upon the completion of the work, the Contractor shall promptly remove his plant including ranges, buoys, piles, other markers or temporary structures placed by him under the contract.
1.18
LAYOUT OF WORK AND SURVEYS All base lines, temporary bench marks and survey control shall be established and maintained by the Contractor for duration of construction activities. The Contractor shall also be responsible for all measurements that may be required for the execution of the work to the lines and grades specified in the specifications or on the Drawings. It is Contractor’s responsibility to maintain and preserve all stakes and other markers if such marks are destroyed by Contractor through Contractor’s negligence prior to their authorized removal.
1.19
CLEAN-UP At completion of the job, the Contractor shall remove all waste products, debris, packaging, trash, paint marks, grease containers, and other deleterious materials and marks from the site. Refer to individual specification sections for special cleaning required by that section. Contractor is expected to leave the project in spotless, “like new” condition.
1.20
RECORD DRAWINGS The Contractor shall maintain on a separate set of the contract documents a record of all changes made during construction. The Contractor shall be responsible for keeping these records and neatly noting with colored pencil or ink all changes. “Record Drawings” shall be turned over to the Owner/ Engineer at the completion of the project.
PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION
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DIVISION 01 – GENERAL REQUIREMENTS SECTION 01010 – SUMMARY OF THE WORK PART 1 – GENERAL 1.01
DESCRIPTION OF WORK A. General Review: The project includes transportation and placement of Contractor-furnished sand from an upland borrow source in addition to Owner-furnished sand excavated from an on-site beach borrow area as beach nourishment along the Corpus Christi Bay shoreline of the North Beach area of the City of Corpus Christi. Approximately 55,000 cubic yards measured in place (approximately 20,000 cy from on-site source and 35,000 cy from imported source are estimated, actual amounts may vary) of beach-quality sand shall be placed. The sand will be transported in trucks by Contractor to the project site for placement along approximately 3,200 LF of beach along the southern portion of North Beach. The sand will be placed and graded within a specified template to construct the beach to address ongoing erosion. Work includes mobilization/demobilization; excavation; loading; hauling to and grading within the beach template; furnishing and placement of beach-quality sand within the beach template; multiple bathymetric and topographic surveys for measurement, payment substantiation, and work acceptance purposes; aerial photography; and all other subsidiary work. B. Work: The work includes all labor, materials, tools, equipment, plant, supplies, superintendence, insurance, incidentals, and services necessary or required to fully complete the work for the NORTH BEACH NOURISHMENT PROJECT (CEPRA PROJECT NO. 1569). The scope of Work is defined in the Contract Documents as listed below. C. Contract Documents: Division 00 – Procurement and Contracting Requirements Request for Proposals (includes HSP and HUB forms) Contractor’s Qualifications Form Contractor’s Proposal Form Non-Collusion Affidavit Performance Bond Payment Bond Certificate of Insurance Uniform General and Supplementary Conditions Prevailing Wage Rates – Heavy & Highway Wage Rate Complaint Information Requirements Pre-Construction Conference (PCC) Agenda Transmittal Letter State of Texas Purchase Voucher - Construction & Schedule of Values Construction Payment Affidavit Time Change Order Form Vendor Direct Deposit Authorization Submittal Cover Sheet Change Order Forms A, B, C, D Final Payment Checklist Consent of Surety to Final Payment
01010- Page 1 of 3
Division 01 – General Requirements Section 01000 – Special Conditions Section 01010 – Summary of the Work Section 01100 – Permits Section 01165 – Storm Water Pollution Prevention Plan Section 01166 – Environmental Protection Measures Section 01250 – Measurement and Basis of Payment Division 02 – Sitework Section 02000 – Construction Surveying Section 02244 – Beach Nourishment Drawings 00 – GENERAL 00G-00 00G-01
Cover Sheet and Index General Notes, Legends and Symbols
01 – CIVIL 01C-01 02C-01 03C-01 03C-02 03C-03 03C-04 04C-01 04C-02 04C-03 04C-04 04C-05 05C-01
Key Map Existing Site Plan Project Layout Enlarged Plan – Nourishment Area Enlarged Plan – Borrow Area Site Access and Traffic Control Cross Sections I Cross Sections II Cross Sections III Cross Sections IV Cross Sections V Typical Sections
Appendix A - U.S. Army Corps of Engineers Permit Appendix B - TPDES General Permit No. TXR 150000 1.02
SEQUENCE OF CONSTRUCTION A. General: The sequence of construction shall be determined by the Contractor, unless otherwise restricted by the contract documents. Construction shall be continuous from start to finish with no appreciable shut down periods. B. Restrictions: The following construction sequence restrictions shall apply to the work for this project: 1. Initial Surveys shall be conducted over Beach Nourishment and Beach Borrow Areas and submitted and approved by Engineer prior to commencing any excavation and/or placement of beach fill material.
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2. Debris shall be removed from footprint of Beach Nourishment Area and Borrow Area prior to Beach Fill Material placement activities. 3. Beach Borrow Area excavation shall be completed prior to importing Contractor-supplied sand. 4. Beach nourishment construction shall generally progress from south to north. 5. Working hours and haul routes shall be restricted as stated on the drawings. PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION
01010- Page 3 of 3
DIVISION 01 – GENERAL REQUIREMENTS SECTION 01100 – PERMITS PART 1 – GENERAL 1.01
OWNER-OBTAINED PERMITS A.
The Owner will obtain the following permits: 1. U.S. Army Corps of Engineers Permit No. SWG-1998-00131 (See Appendix A). 2. Texas Parks & Wildlife Department Sand, Shell, Gravel and Marl permit (not required). 3. Texas General Land Office coastal lease (Special Document (SD) No.20130007 effective 12/11/2013 through 12/11/2023).
B.
1.02
The Contractor shall comply with all provisions contained in these permits. Where dimensions or configurations conflict between the Contract Drawings and the Permit Drawings, the dimensions or configurations shown on the Contract Drawings shall govern.
CONTRACTOR-OBTAINED PERMITS Any other necessary permits not mentioned in Paragraph 1.01 shall be the responsibility of Contractor. For all Contractor-obtained permits, Contractor shall make application for and pay for any necessary permit fees, temporary or permanent utility interruption fees, and/or re-location fees. Contractorobtained permits include the following: 1. Texas Commission on Environmental Quality (TCEQ) Storm Water Program TPDES General Permit TXR150000 (See Technical Specification Section 01165 and Appendix B).
PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION
01100-Page 1 of 1
DIVISION 01 – GENERAL REQUIREMENTS SECTION 01165 – STORM WATER POLLUTION PREVENTION PLAN PART 1 - GENERAL 1.1
SECTION INCLUDES A. This section covers construction activities at Contractor’s staging areas (i.e., “laydown yards”). In addition to the requirements set forth in this specification, refer to specification Section 01166, Environmental Protection Measures” for environmental requirements. B. Contractor shall develop a plan, obtain required permits, and provide and maintain required protection devices for any potential storm water issues similar to those discussed herein. C. This project may be subject to Texas Commission on Environmental Quality (TCEQ) Texas Pollution Discharge Elimination System (TPDES) Construction Storm Water Discharge Regulations and Requirements. It is the responsibility of Contractor, not Owner or A/E, to determine if a TPDES permit is required. As applicable (Refer to Paragraph 3.6), Contractor shall execute a Notice of Intent, Notice of Termination, Notice of Change, and all other required forms, and implement a Storm Water Pollution Prevention Plan (SWPPP). Contractor shall comply with all reporting and inspection requirements set forth in the TPDES regulations.
1.2
INTRODUCTION A. The Storm Water Pollution Prevention Plan (SWPPP) describes the terms and conditions of the TPDES General Permit Coverage Notice (No. TXR15000, Provided in Appendix B) authorizes the storm water discharge from construction sites meeting certain criteria. The purpose of the SWPPP is to: 1. Identify potential sources of pollution which may reasonably be expected to affect the quality of the storm water discharged from this site. 2. Describe the practices which will be used to reduce the pollutants from the storm water discharge associated with this site.
PART 2 - PRODUCTS (NOT USED) PART 3 - EXECUTION 3.1
STORMWATER POLLUTION CONTROLS At a minimum, provide stormwater pollution controls and stabilization measures in accordance with the construction drawings.
3.2
OTHER CONTROLS A. Waste Disposal: 1. No solid materials, including any building materials, shall be discharged to the waters of the United States. Discharge of a hazardous substance or oil into the storm water system 01165-Page 1 of 4
is not permitted and subject to reporting requirements. Refer to Part III, B, of the TPDES general permit for specific guidelines. 2. Substances that have the potential for polluting surface and/or groundwater must be controlled by whatever means is necessary in order to ensure that they do not discharge from the site. 3. Spraying water or solvents to wash vehicles and equipment is prohibited at the project site. B. Dust Control: 1. Minimize and/or control wind-blown dust at all times including non-working hours. 2. Spraying water for dust control is prohibited at the project site. 3. After construction, the site shall be stabilized as described elsewhere in this plan in order to control dust. C. Material Storage: Chemicals, paints, solvents, fertilizers and other toxic material shall be stored in waterproof containers. Except during applications, the contents shall be kept in trucks or in storage facilities. Runoff containing such materials shall be collected, removed from the site and disposed of at an approved solid waste or chemical disposal facility. D. Control and Disposal of Hazardous Wastes: 1. Hazardous wastes are defined in 40 CFR 261. Hazardous wastes that are produced as a result of performing work under this contract shall be handled, stored, transported, and disposed of according to 40 CFR 262, where applicable. Prevent hazardous wastes from entering the ground, drainage areas, and surface waters. Immediately notify the Engineer of hazardous material spills. 2. The above requirements are not intended to be all inclusive. Contractor is responsible for meeting all federal, state, or local requirements. 3.5
MAINTENANCE AND INSPECTIONS A. All stabilization measures are to be in place within 14 days after construction has ceased in that disturbed area. This applies unless construction activity will resume within 21 days of the time activity ceased. All erosion and sediment control measures shall be checked every 7 days and within 24 hours following a rainfall of 0.5 inches or greater. All measures will be maintained in good working order; if a repair is necessary, it will be initiated within 24 hours of report. B. Locations where vehicles and equipment enter or exit shall be inspected for evidence of offsite sediment tracking. This may require addition of crushed stone and/or clean out of any structures holding sediment. All materials that have been deposited on the roadway or any structural controls shall be removed. Sediment traps shall be checked regularly and cleaned out if sediment has built up in the trap.
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C. Seeded and vegetative ground cover will be regularly checked to see that a good stand is maintained. A ground cover density of 70% or greater must be maintained. Conditions may require reseeding, fertilization, or water. Areas used for storage of equipment or materials also require inspection. Inspections of disturbed areas shall be performed by qualified personnel that are provided by the Contractor. Areas used for storage of equipment or materials shall also be inspected for possible storm water pollutant sources, such as oil, hydraulic fluid, fuels, leaks, etc. D. Based on the results of these inspections, any required modifications to the plan shall be accomplished within 7 days of inspection. This plan also requires that implementation of the modified plan occur within 7 days of inspection. E. A report summarizing the scope of the inspection, name(s), and qualifications of personnel making the inspection shall be made following inspection. The date of the inspection, major observations and actions taken to implement the storm water pollution prevention plan shall be also included and made part of this plan. 3.6
SUMMARY OF PERMIT REQUIREMENTS A. It is anticipated that the areas requiring a SWPPP for this project will be limited to staging/laydown locations and truck/beach access area which are less than five acres. These areas are expected to meet the classification for a “Small Construction Site” and, as such, may not require submittal of a Notice of Intent (NOI). As determined by Contractor to be applicable, comply with the following requirement of the TPDES general permit for Small Construction Sites: 1. Contractor shall develop a SWPPP according to the provisions of the general permit that covers the entire staging/laydown area. SWPPP shall be implemented prior to commencing construction activities. 2. Contractor shall sign and certify a completed construction site notice (see Appendix B), post the notice at the construction site in a location where it is safely and readily available for viewing by the general public, local, state, and federal authorities prior to commencing construction, and maintain the notice in that location until completion of the construction activity. 3. Contractor shall provide a copy of the signed and certified construction site notice to the operator of any municipal separate storm sewer system receiving the discharge at least two days prior to commencement of construction activities.
3.7
FORMS A. Blank forms that are referenced to in this plan are included in Appendix B. 1. 2. 3. 4. 5.
Notice of Intent Notice of Termination Inspection Report Contractor Certification Owner Certification
B. Notices of Intent (when required) must be signed by the Contractor and mailed to the appropriate addressed as indicated on the form a minimum of 7 (seven) days prior to commencing construction activities. 01165-Page 3 of 4
C. In lieu of mailing a hard copy of the NOI, the Contractor can complete the application and apply online in accordance with the instructions included on the NOI form. END OF SECTION
01165-Page 4 of 4
DIVISION 01 – GENERAL REQUIREMENTS SECTION 01166 – ENVIRONMENTAL PROTECTION MEASURES PART 1 – GENERAL 1.01
SUMMARY This section covers prevention of environmental pollution and damage as the result of construction operations under this Contract and for those measures set forth in the other Specifications. For the purpose of this specification, environmental pollution and damage is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare, unfavorably alter ecological balances of importance to human life, affect other species of importance to man, or degrade the utility of the environment for aesthetic, cultural, and/or historical purposes. The control of environmental pollution and damage requires consideration of air, water, and land and includes management of visual aesthetics, noise, solid waste, radiant energy and radioactive materials, as well as other pollutants. The environment shall be protected and all natural resources shall be preserved during construction. All Federal, State, and local laws and regulations shall be complied with during construction.
1.02
CONTRACTOR FACILITIES The Contractor's field offices, staging areas, stockpile storage, and temporary buildings shall be placed in areas approved by the Owner. Materials required for the project will be transported as needed to the work site. To the extent practicable, all vehicles and equipment must use common pathways. Temporary movement or relocation of Contractor facilities shall be made only on approval by the Owner. Disposal areas shall not be located in any wetlands, water body, or stream bed. All vehicles and equipment shall be properly maintained so they are not leaking grease or oil in any wetlands, water body, or stream bed. Fuel and lubricate equipment in a manner that protects against spills and evaporation. Provide a b e r m w i t h impervious liner around fuel and liquid chemical storage tanks to contain the tank contents in the event of a leak or spill. No refueling shall be done onsite unless approved by Owner in advance with acceptable spill protection measures.
1.03
QUALITY CONTROL The Contractor shall establish and maintain quality control for environmental protection of all items set forth herein. The Contractor shall record on daily reports any problems in complying with laws, regulations, and ordinances and corrective action taken. Any damage caused by the Contractor during construction shall be repaired, replaced, or restored to the satisfaction of Engineer.
1.04
TRAINING OF CONTRACTOR PERSONNEL IN POLLUTION CONTROL The Contractor shall train his personnel in all phases of environmental protection. The training shall include methods of detecting and avoiding pollution, familiarization with pollution standards, both statutory and contractual, and installation and care of facilities (vegetative covers, and instruments required for monitoring purposes) to ensure adequate and continuous environmental pollution control.
1.05
VOLATILE ORGANIC COMPOUNDS (VOC) Contractors are required to comply with the Local, State, and Federal VOC laws and regulations and shall have an acceptable VOC compliance plan. The plan shall demonstrate that the use of paints, solvents, adhesives, and cleaners comply with local VOC laws and regulations governing VOC materials and that all required permits have been obtained or will be obtained prior to starting work 01166-Page 1 of 3
involving VOC’s. An acceptable compliance plan shall contain, as a minimum, a listing of each materials subject to restrictions in the air quality management district in question, the rule governing its use, a description of the actions which the Contractor will take, a description of the actions which the Contractor will use to comply with the laws and regulations, and any changes in the status of compliance during the life of the Contract. Alternatively, if no materials are subject to the restrictions of the air quality management district where the work will be performed, or if there are no restrictions, the compliance plan shall so state. 1.06
PROTECTION OF ENVIRONMENTAL RESOURCES A. General: The environmental resources within the Project boundaries and those affected outside the limits of permanent work under this Contract shall be protected during the entire period of this Contract. The Contractor shall confine his activities to areas defined by the Drawings and Specifications. Environmental protection shall be as stated in the following subparagraphs. B. Protection of Land Resources: Prior to the beginning of any construction, the Contractor shall identify all land resources to be approved by the A/E. Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without special permission from the Owner. No ropes, cables, or guys shall be fastened to or attached to any trees for anchorage unless specifically authorized. C. Protection of Water Resources: The Contractor shall keep construction activities under surveillance, management, and control to avoid pollution of surface and ground waters. Special management techniques as set out below shall be implemented to control water pollution by the listed construction activities which are included in this Contract. Refer to specification Section 01100, “Permits” for Special Conditions pertaining to water quality. The Contractor is responsible for maintaining area drainage during construction. Water shall not be allowed to pond on any roadway surface, and runoff from adjacent properties shall not be impeded by Project Work. D. Protection of Air Resources: The Contractor shall keep construction activities under surveillance, management and control to minimize pollution of air resources. All activities, equipment, processes, and work operated or performed by the Contractor in accomplishing the specified construction shall be in strict accordance with the State of Texas Clean Air Act implemented in 1967, and all Federal emission and performance laws and standards. Ambient Air Quality Standards set by the Environmental Protection Agency shall be maintained for those construction operations and activities specified in this section. Special management techniques as set out below shall be implemented to control air pollution by the construction activities that are included in the contract. E. Particulates Control: The Contractor shall maintain all excavations, stockpiles, haul roads, permanent and temporary access roads, plant sites, excavated areas, borrow areas, demolition areas and all other work areas within or outside the project boundaries free from particulates which would cause the air pollution standards mentioned in paragraph 1.06D above to be exceeded or which would cause a hazard of a nuisance. Sprinkling, chemical treatment of an approved type, light bituminous treatment, baghouse, scrubbers, electrostatic precipitators or other methods will be permitted to control particulates in the work area. Sprinkling, to be efficient, must be repeated at such intervals as to keep the disturbed area damp at all times. The Contractor must have sufficient competent equipment available to accomplish this task. Particulate control shall be performed as the work proceeds and whenever a particulate nuisance or hazard occurs. During sand blasting, provide tarp drop cloths and windscreens under and around blasting operations to confine and collect dust, sand, paint and other debris. 01166-Page 2 of 3
F. Protection of Fish and Wildlife Resources: The Contractor shall keep construction activities under surveillance, management, and control to minimize interference with, disturbance to and damage of fish and wildlife. Prior to beginning of construction operations, the Contractor shall list species that require specific attention and describe measures for their protection. Refer to specification Section 01100, “Permits” for Special Conditions pertaining to protection of endangered and/or protected species. 1.07
CONTROL AND DISPOSAL OF WASTES A. Hazardous Waste: Hazardous wastes are defined in 40 CFR 261. Hazardous wastes that are produced as a result of performing Work under this Contract shall be handled, stored, transported, and disposed of according to 40 CFR 262, where applicable. Prevent hazardous wastes from entering the ground, drainage areas, and surface waters. Immediately notify the Engineer of hazardous material spills. B. Sanitary Waste: All sanitary waste shall be collected by a licensed sanitary waste management contractor from the portable units as necessary, or as required by local regulation. C. Construction Debris: The Contractor shall collect and properly dispose all trash and construction debris in accordance with all local and state solid waste management regulations and practices. No construction waste material shall be buried within the Project limits. The Contractor shall store all waste materials in approved metal dumpsters or other containers approved by the Engineer. The dumpster shall be emptied as necessary or as required by local and state regulation and the contents hauled away for proper disposal.
1.08
POST CONSTRUCTION CLEAN UP The Contractor shall clean up areas used for construction to the satisfaction of the Engineer.
1.09
RESTORATION OF DAMAGE The Contractor shall restore all features damaged or destroyed during construction operations outside the limits of the approved Work areas. Such restoration shall be in accordance with the plan submitted for approval by the Owner. This work will be accomplished at the Contractor's expense without compensation.
PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION
01166-Page 3 of 3
DIVISION 01 – GENERAL REQUIREMENTS SECTION 01250 – MEASUREMENT AND BASIS OF PAYMENT PART 1 – GENERAL 1.01
SUMMARY The extended prices stated on Contractor’s Proposal Form will be considered maximum Contract prices with unit price provisions. Unit price provisions are for Owner’s convenience in adjusting extended prices based on quantity adjustments resulting from Owner-initiated Change Orders. The extended prices shall be full compensation for furnishing all labor, materials, tools, equipment, plant supplies, superintendence, insurance, incidentals, services, overhead, and profit necessary to complete the construction of the various items of Work. It is not the intent to itemize each and every labor, material, or incidental requirement. Any requirement, explicit or implied, as determined by the Owner for Project completion and not specifically listed on the Contractor’s Proposal Form shall be included in items with which they are considered subsidiary. Any item not specifically identified as an Additive Price shall be considered as part of the Base Price, unless specified otherwise.
1.02
QUANTITIES AND MEASUREMENTS A. Quantities: All quantities of Work stated on the Contractor’s Proposal Form are nominal estimates, computed by Engineer, based on the Contract Documents. Contractor shall verify these quantities by preparing his own estimates. In any case, prices stated shall reflect all Work required by the Contract Documents. No quantity adjustment shall be made for work performed outside the specified lines and grades, nor work completed within its specified tolerance. B. Measurements: 1. Only conventional measurements (length, area, and/or volume) shall be made to compute the quantities of Work stated on the Contractor’s Proposal Form. Measurement of beach nourishment quantities will be of material in place (within the beach nourishment template). Weight, load size/counts, and production rate/time shall not be valid measurement techniques. 2. Contract Adjustments: The Owner reserves the right to adjust the quantities of Work stated on the Contractor’s Proposal Form as it deems appropriate. Adjustments must be in form of a Change Order to the Contract.
1.03
BASIS OF PAYMENT A. Mobilization: Prices stated on the Contractor’s Proposal Form for Mobilization/ Demobilization shall not exceed ten percent (10%) of the Total Base Price. Payment for mobilization will not exceed seventy percent (70%) of the amount stated for Mobilization/Demobilization. This lump sum amount shall include all costs in connection with the mobilization and demobilization of all plant and equipment necessary to perform the Work.
01250-Page 1 of 2
B. Unit Price Provisions: 1. Extended prices stated on the Contractor’s Proposal Form shall be considered maximum Contract prices (Lump Sum) unless the quantities of work are adjusted by an Ownerinitiated Change Order. 2. If quantities of work are adjusted by the Owner, the cost or credit to the Owner shall be computed in accordance with the unit prices stated on the Contractor’s Proposal Form or unit prices derived from Lump Sum/Extended Prices with respect to actual quantity of work. C. Lump Sum/Progress Payments: Lump Sum Work items listed on the Contractor’s Proposal Form will be paid for according to the estimated percentage of Work completed for each item. This amount shall be full compensation for completed in-place Work. The Engineer will be the sole judge and make the final decision as to the percentage complete of each item and the monetary amount for progress payments to the Contractor. D. Payment for Measured Quantities: Payment for measured Work Contractor’s Proposal Form will be for in place sand volume based Work completed as substantiated by Engineer’s site topographic/bathymetric surveys, plots, and quantity computations Section 02000, “Construction Surveying.”
items listed on the on the percentage of observations and in accordance with
PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION (NOT USED) END OF SECTION
01250-Page 2 of 2
DIVISION 02 SITEWORK
DIVISION 02 – SITEWORK SECTION 02000 – CONSTRUCTION SURVEYING PART 1 – GENERAL 1.01
SUMMARY Construction Surveying includes furnishing materials, labor, and equipment for topographic and hydrographic surveying where required under the Contract Documents.
1.02
RELATED SECTIONS Section 01250 – Measurement and Basis of Payment Section 02224 – Beach Nourishment
1.03
REFERENCES Publications listed below form a part of this specification to the extent referenced. publications are referred to in the text by the basic designation only.
The
USACE (2004). Hydrographic Surveying. EM 1110-2-1003, U.S. Army Corps of Engineers, Washington, DC, misc. paginated. Federal Geographic Data Committee Publications: FGDC-STD-007.3-1998 Geospatial Positioning Accuracy Standards, Part 3: National Standard for Spatial Data Accuracy FGDC-STD-008-1999 Content Standards for Digital Orthoimagery
1.04
SUBMITTALS Submittals to Engineer under this section include the following: 1. 2. 3. 4. 5. 6. 7.
1.05
Name of Registered Professional Land Surveyor (Paragraph 1.05, A) Surveying Plan (Paragraph 1.05, B) Survey Notification (Paragraph 1.06) Survey Submittal Log (Paragraph 3.03, D) Beach Nourishment Surveys and Quantity Computations (Paragraph 3.05) Borrow Area Surveys (Paragraph 3.06) Aerial Photography (Paragraph 3.08)
QUALITY ASSURANCE A. General: All survey plots submitted to Engineer shall be sealed by a professional land surveyor registered in the State of Texas having experience in beach profile and bathymetric surveying and familiar with the hydrographic surveying guidelines in USACE (2004). Prior to commencing Work, Contractor shall provide name and credentials of professional land surveyor who will oversee surveys. B. Surveying Plan: As part of the Construction Plan required under Specification Section 02224, “Beach Nourishment,” Contractor shall provide description of methods and equipment to be applied for required surveys (refer to Tables 1 and 2 below) as well as quality control and quality assurance (QA/QC) procedures to be applied. Refer to USACE (2004) for QA/QC guidelines. 02000-Page 1 of 5
C. Transducer Frequency: Where fathometers/echo sounders are applied for bathymetric surveys, transducer frequency shall be consistent between initial and final surveys within any particular area. 1.06
NOTIFICATION PRIOR TO COMMENCEMENT OF SURVEYING ACTIVITIES Contractor shall notify Engineer in writing at least 3 days prior to the commencement of surveying activities so that he may have the opportunity to accompany the survey crew and witness the work.
PART 2 – PRODUCTS (NOT USED) PART 3 – EXECUTION 3.01
GENERAL Contractor shall provide initial and final surveys for measurement and acceptance of Work items. Plots showing initial and final lines and grades and quantity computations shall accompany all payment requisitions. Refer to Tables 1 and 2 for a general summary of the required surveys.
Table 1. Summary of Required Beach Nourishment Surveys. Submittal(s) Schedule
Survey
Intended Purpose
Initial
Initial surveys shall be performed prior to any material excavation or placement to serve as baseline for quantity (volume) computations (used for payment substantiation) throughout progression of Work.
Final
Final surveys shall be performed after placement of material from Beach Borrow Area and imported beach fill material to serve as basis for quantity (volume) computations (used for payment substantiation) and grading/dressing (for acceptance) throughout progression of Work.
With monthly payment requisitions
Table 2. Summary of Required Beach Borrow Area Surveys. Survey
Submittal(s) Schedule
Intended Purpose
Initial
Initial surveys shall be performed a prior to any material excavation or placement for Engineer’s use in determining any potential needed adjustments to Beach Borrow Area limits.
Seven days prior to excavation of borrow area
Final
Final surveys shall be performed after completion of material excavation to document that excavation complies with specified limits and tolerances.
At completion of excavation of borrow area
02000-Page 2 of 5
3.02
SURVEYING METHODS Methods, equipment, and accuracy for surveying shall meet or exceed the requirements of Table 3. Contractor shall obtain approval from Engineer prior to use of alternative methods and equipment.
Table 3. Required Surveying Methods, Equipment, and Accuracy Surveying Method Walking/wading rod-based surveys with electronic total station, real-time DGPS, and/or RTK GPS Survey sled watercraft
[2]
towed with boat or personal
Fathometer/echo sounder
[3]
on survey vessel
Fathometer/echo sounder watercraft
[3]
on personal
Acceptable Applications and Restrictions Acceptable for surveying dry beach and nearshore areas.
Acceptable for surveying everywhere except dunes. [4]
Acceptable for surveying beach seaward of surf zone . [4]
Acceptable for surveying beach seaward of surf zone .
Notes: (1) Minimum vertical and horizontal accuracies for all surveying methods shall be ±1.5” and 1 ft RMS, respectively. GPS-based systems shall not be applied without establishing a local base station. (2) Refer to USACE (2004), Section 18-18, for description of survey sled systems. (3) For all fathometers/echo sounders applied for surveys of Beach Nourishment Area, an RTK rover capable of 5 HZ update rate and near-zero latency shall be provided on vessel/personal watercraft with local base station provided on shore. (4) “Surf Zone” shall be defined as approximate nearshore zone where predominant wave breaking occurs. Width of surf zone will increase as offshore wave heights increase.
3.03
SURVEY PLOTS A. All construction surveys submitted to Engineer shall be in the form of plan-view and crosssection plots and digital data. All surveys shall be referenced to the project datums shown on the Drawings. Plots shall be submitted as hard copies and transmitted digitally in PDF and AutoCAD format. All plots shall legibly and clearly display the following information: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
Project name Professional Land Surveyor’s seal, signature, and business affiliation Date(s) surveys were performed Location and description of survey control Vertical and horizontal datums Sheet name and number Name of Contractor Drawing scale(s) Transducer frequency (if fathometer/echo sounders used) Beach Placement and Borrow Area templates
B. Plots for Beach Nourishment Area surveys shall include the following: 1. Plan sheets clearly documenting locations, limits, and dimensions of completed Work (as applicable) and locations where cross sections were taken. 2. Cross-section sheets providing an overlay of sequential survey transects (as applicable) along with specified templates.
02000-Page 3 of 5
3. Cross-sectional areas (in square feet) for each section calculated by comparing the initial and final surveys. 4. Beach nourishment volumes calculated using the average end area method. 5. For final survey, plots shall comprise a well-organized stand-alone set of drawings that does not include any outdated or superseded information. C. Plots for Beach Borrow Area surveys shall include the following: 1. Plan sheets clearly documenting locations, limits, and dimensions of completed Work (as applicable) and locations where cross sections were taken. 2. Cross-section sheets providing an overlay of sequential survey transects (as applicable) along with specified templates. 3. Cross-sectional areas (in square feet) for each section calculated by comparing the initial and final surveys. These areas are for informational purposes only and shall not be applied as the basis of pay quantities. 4. For final survey, plots shall comprise a well-organized stand-alone set of drawings that does not include any outdated or superseded information. D. Digital Data: In addition to plots, all survey submittals shall include digital data on labeled CD or DVD. Digital data shall include the following: 1. A submittal log documenting surveys submitted to date with descriptors for survey dates and locations. 2. AutoCAD files 3. 3D ASCII “XYZ” files 4. For beach nourishment cross-sections, provide data as “Distance-Elevation” points with distances referenced to the construction baseline in feet (one file for each cross section). Format shall be BMAP/RMAP or other format approved by Engineer. 3.04
SURVEY TRANSECTS A. Beach Nourishment Area: Survey transects shall consist of beach cross-sections taken with azimuths perpendicular to the project baseline at 100 ft intervals starting at Station 0+00 and ending at Station 36+00. Along each transect, survey shots shall be taken at all significant grade breaks and with enough frequency to clearly delineate bars and troughs across the surf zone. In no case shall horizontal spacing of survey shots exceed 20 ft. Beach cross-sections shall extend from the project baseline shown in the drawings to either (1) the most seaward limit of fill placement or (2) the -8.0 ft NAVD’88 contour, whichever is farther offshore. B. Beach Borrow Area: Survey transects shall consist of beach cross-sections taken with azimuths perpendicular to the project baseline at 100 ft intervals starting at Station 48+00 and ending at Station 71+00. Along each transect, survey shots shall be taken at all significant grade breaks and with enough frequency to clearly delineate the area of excavation, bars and troughs across the surf zone. In no case shall horizontal spacing of survey shots exceed 20 ft. Beach cross-sections shall extend from the existing Beachwalk sidewalk to the -4.0 ft NAVD’88 contour. 02000-Page 4 of 5
3.05
BEACH NOURISHMENT AREA SURVEYS As the beach nourishment construction progresses, Contractor shall perform initial and final surveys of the beach nourishment to measure quantities (volumes) for payment substantiation, verify required elevations and dimensions for acceptance of specific Work items, and document general progression of Work. Initial surveys shall not be performed more than 300 ft ahead of the approximate limit (i.e., “leading edge”) of in-place beach fill material. Cross-sections surveyed during final surveys shall match locations established during initial surveys.
3.06
BEACH BORROW AREA SURVEYS As excavation of material from the borrow area progresses, Contractor shall perform initial, interim, and final surveys of the beach nourishment to document that excavation did not exceed the lines and grades provided in the drawings and to provide a final as-built condition of the borrow area upon completion of excavation.
3.07
SURVEY EVALUATION Engineer reserves the right to suspend work for up to ten (10) calendar days upon completion of surveying by Contractor to review survey results/findings and, if applicable, provide direction regarding interference or discrepancies encountered. Said suspension of work shall not suspend the contract time nor be construed as Standby Time.
3.08
AERIAL PHOTOGRAPHY A.
Upon completion of all construction activities, a color vertical aerial photograph of the entire work area shall be provided. The photograph shall be professionally rectified and geo-referenced in compliance with the standards described in FGDC-STD-008-1999. The photograph shall be referenced to the project horizontal datum shown on the drawings. Root mean square error shall be calculated using the method described in FGDC-STD-007.3-1998, reported in the accompanying metadata and shall not exceed 3.0 ft.
B.
Submittal shall include a high-resolution aerial photograph in print (1” = 200’ scale), digital (TIF) format (with world file in ASCII format) and metadata specified in FGDCSTD-008-1999. Contractor shall provide notice to Engineer and name / contact information for aerial photography subcontractor a minimum of one week prior to execution of aerial photograph.
C.
Aerial photography shall also include a series (minimum of 6) of low-altitude, highresolution oblique color aerial photographs in digital format that, at a minimum, cover the entire project area. END OF SECTION
02000-Page 5 of 5
DIVISION 02 – SITEWORK SECTION 02224 − BEACH NOURISHMENT PART 1 − GENERAL 1.01
SUMMARY This section shall govern all work necessary for supplying, hauling, and placing contractor-furnished beach fill material; and for excavating, loading, hauling, and placing Owner-furnished beach fill material as beach nourishment in accordance with these Specifications and applicable Drawings.
1.02
RELATED SECTIONS Section 01100 – Permits Section 01166 – Environmental Protection Measures Section 01250 – Measurement and Basis of Payment Section 02000 – Construction Surveying
1.03
REFERENCES Publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. American Society for Testing and Materials (ASTM) Publications C 117 Standard Test Method for Materials Finer than the 75 μm (N0. 200) Sieve in Aggregates by Washing C 136 Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates D 1140 Standard Test method for Amount of Material in Soils Finer than the No. 200 Sieve
1.04
SUBMITTALS Submittals under this section include the following: 1. 2. 3. 4. 5.
1.05
Construction Plan (Paragraph 1.05, C) Daily Activities Reports (Paragraph 1.05, D) Gradation Tests (Paragraph 2.01, B) Chemical Screening Tests (Paragraph 2.01, D) Surveys (Refer to Specification Section 02000, “Construction Surveying”)
QUALITY ASSURANCE A. Permits: Refer to Section 01100, “Permits.” B. Environmental Protection Requirements: 1. Refer to Section 01166, “Environmental Protection Measures.”
02224-Page 1 of 5
C. Construction Plan: Prior to commencing construction, Contractor shall provide a construction plan containing the planned procedure and timing for the Work to be performed. The construction plan will be reviewed by Engineer for general conformance with the design concept of the Project. The plan shall include the following: 1. 2. 3. 4. 5. 6. 7. 8. 9.
Surveying Plan (Refer to Specification Section 02000, “Construction Surveying”) Construction access routes to be utilized Excavation Plan for beach borrow area Layout, size, sequence, and schedule of beach sections to be worked Plan for installation of safety fencing and warning signs (paragraph 1.06, B) Locations and utilization of any temporary stockpiles Sand placement methods Traffic Control Plan (for approval by City of Corpus Christi Engineering Department) Provide a list of all equipment, tools and machines, including sizes, capacities, & operating speeds, to be used in performance of the work
D. Daily Activities Report: Provide a daily record of activities starting on the notice to proceed date and continuing through final acceptance. Records shall document general construction activities such as status of pre-construction submittals, mobilization/demobilization, equipment and personnel on site, percent project completion, approximate cubic yards of sand hauled and placed, and adverse weather or other problems that cause delays. Submit reports weekly. E. Contractor-Furnished Sand (Imported): 1. At least 10 days prior to construction, results of initial (pre-construction) gradation tests shall be submitted to show acceptability of the proposed imported sand in accordance with the criteria in paragraph 2.01, B. 2. Within 10 days prior to construction, results of chemical screening tests shall be submitted to show acceptability of the proposed sand in accordance with criteria in paragraph 2.01, D. 3. During construction, results of gradation tests of the imported sand shall be submitted to show compliance of the sand with the criteria in paragraph 2.01, B. Sampling at the quarry shall be performed by Contractor’s quality control testing laboratory. At least one sample per 1,000 cubic yards of sand placed shall be extracted from the project quarry stockpile for testing. Engineer may select locations of these samples or require a sample to be composited in equal portions from multiple locations within the project quarry stockpile. Results of the tests shall be submitted to Engineer within 96 hours of the sample being collected. F. Construction Observation: At the request of Owner or Engineer, Contractor shall provide personnel and equipment necessary to assist the Owner or Engineer with observing the work. 1.06
PUBLIC SAFETY A. Public Roads and Facilities: All construction access points utilized for the Work shall be secured and surrounded by construction barricades and/or safety fence in accordance with the Drawings and applicable laws and ordinances as necessary to protect the public. Routes and schedule for hauling beach fill material shall comply with the restrictions stated in the Drawings. B. Beach: Active work areas and construction access routes on the beach shall be delineated by safety fence and posted with warning signs to prevent inadvertent entry by public. Plan for fencing and warning signs shall be described in Construction Plan required under paragraph 1.05, C.
02224-Page 2 of 5
C. Traffic Control Plan: Contractor shall prepare and submit a Traffic Control Plan (TCP) as described in Construction Plan required under paragraph 1.05, C to City traffic engineering department at least five (5) working days prior to starting construction PART 2 − PRODUCTS 2.01
MATERIALS A. Beach Borrow Area Fill Material (Owner-Furnished Sand): Beach borrow area material shall be predominantly sand that is extracted from the onsite borrow area specified in the drawings. Unsatisfactory material described in paragraph 2.01, C shall not be considered as Beach Fill B. Contractor Furnished Imported Sand: Once the supply of Owner-furnished sand has been exhausted, materials for beach nourishment shall be beach-quality sand furnished by Contractor. Sand shall be clean, non-organic, cohesionless, and free of deleterious substances, cementious material, rocks, concrete debris, shell and other than incidental quantities of shell fragments, organic impurities and elongated or flat particles which are susceptible to degradation. Sand shall meet the following gradation criteria (as determined by ASTM C136/C117): Table 1 - Gradation for Contractor Furnished Imported Sand U.S. Sieve Size
Percent Finer by Weight
#4
100
#8
95-100
#16
70-100
#30
40-90
#50
10-50
#100
0-10
C. Unsatisfactory Material: Material not meeting the above gradation criteria, containing brush, sod, topsoil, other perishable materials, rocks, debris, and/or material with unacceptable chemical levels, as defined in paragraph 2.01, D, shall be considered unsatisfactory material and shall not be placed on the beach. D. Chemical Screening: Sand shall be tested for contaminants as outlined below. Should heavy metal contaminants be detected, the levels shall be compared to the Texas median background rates published by TCEQ. If levels exceed median background rates or State defined acceptable levels based on human health and ecological risk assessments, the material shall be considered unsatisfactory unless approval is obtained from Engineer and TCEQ. Any total petroleum hydrocarbons (TPH), total organic halides (TOX) or volatile organic compounds (VOC’s) detected shall be below standard detection limits. If levels exceed standard detection limits, the material shall be considered unsatisfactory unless approval is obtained by Engineer and TCEQ. Contractor shall bear all costs and responsibility for sampling, testing, and assessment to assure that the sand contains no hazardous substances.
02224-Page 3 of 5
1. Total Recoverable Petroleum Hydrocarbons (TRPH), EPA Method 9071A or EPA Method 8440. 2. Heavy Metals (As, Ba, Cd, Cr, Hg, Pb, Se), EPA Method 3051 (use graphite furnace method for each metal except Hg, which has its own method) 3. Total Organic Halides (TOX), EPA Method 9020B 4. Volatile Organic Compounds (VOC), EPA Method 8260 PART 3 − EXECUTION 3.01
SURVEYS Refer to specification Section 02000, “Construction Surveying.”
3.02
BEACH FILL MATERIAL PLACEMENT AND DISTRIBUTION A. General: All beach fill material deposited on the beach shall be placed by mechanical means and brought to rest within the lines, grades, and cross-sections shown on the Drawings. B. Placement: 1. Prior to excavation of borrow area or placement of beach fill material, all driftwood, concrete rubble, rock, timber, plastic, thick (12 inches or greater) mats of sargassum/seaweed, and/or similar debris lying within the foundation limits of the Beach Borrow Area and Beach Nourishment Area shall be removed from the Site. 2. Construction equipment shall not operate outside of the Beach Borrow Area or Beach Nourishment Area except for ingress and egress to and from the Site. Travel routes between the Beach Borrow Area and Beach Nourishment Areas shall be coordinated with Engineer and Owner prior to initiation of construction activities. 3. Water shall generally be prevented from ponding between the Beach Nourishment Area and adjacent upland areas. 4. Except for leveling of escarpments as stated in paragraph 3.02, C, Contractor is not responsible for redistribution of beach fill material caused by waves within portions of the beach nourishment area previously surveyed and accepted. C. Grading and Dressing: 1. Prior to Final Survey(s), the beach surface shall be smoothly and uniformly graded and dressed within the tolerances provided in the Drawings in order to eliminate any humps or depressions. Contractor is not required to dress the fill below the water line to the slopes shown on the Drawings. 2. Prior to final surveys, the beach surface shall be graded to the widths, elevations, and tolerances shown on the Drawings. 3. Beach fill material deposited landward of the Beach Nourishment Area shown on the Drawings shall be removed and graded back into the specified limits.
02224-Page 4 of 5
4. Throughout the duration of the construction period, any escarpments along the shoreline greater than 18 inches in height for a continuous length of 100 feet or more, shall be leveled so as to eliminate any potential safety hazard to the public. Escarpments shall be leveled until the Contractor receives a Certificate of Substantial Completion from the Owner, or unless otherwise notified. 3.03
ACCEPTANCE A. General: Beach Nourishment will be accepted for payment in 100 ft (min) lengths. Acceptance will be based on review of the initial and final surveys specified under Specification Section 02000, “Construction Surveying,” and the requirements of paragraph 3.02 in this specification. For portions of beach that have been accepted through final surveys, Contractor will not be responsible for loss of beach elevation and/or decreased berm width prior to final acceptance. However, leveling of escarpments is required as stated in paragraph 3.02, C. B. At each survey station (i.e., every 100 ft), the Beach Profile Construction Template shall be filled to the specified lines and grades (within stated tolerances) in order to be considered for acceptance. Material placed outside of the Beach Profile Construction Template will not be accepted as Beach Nourishment nor be included in quantity computations that substantiate payment requisitions.
3.05
CLEANUP A. Cleanup: As work is completed, survey/grade stakes and other markers or obstructions placed by or for Contractor shall be promptly and completely removed as unsatisfactory material. B. Removal of Unsatisfactory Material: Material placed by Contractor on the beach that is classified as unsatisfactory according to paragraph 2.01, C shall become the property of Contractor and be removed from the Project Site and disposed of in accordance with all applicable Federal, State, and local laws and regulations. END OF SECTION
02224-Page 5 of 5
DRAWINGS & APPENDICES A - B
DRAWINGS
Texas P.E. Firm Registration No. F-754
PROJECT SPONSORS
Construction Drawings For
TEXAS GENERAL LAND OFFICE
PROJECT VICINITY
NORTH BEACH NOURISHMENT CORPUS CHRISTI, TEXAS PROJECT LOCATION
CEPRA PROJECT NO. 1569 HDR Project No. 226288
NUECES COUNTY, TEXAS OCTOBER 2015
INDEX OF DRAWINGS DRAWING NO. DESCRIPTION
1
2
3
4
5
6
7
8
D
C
B
A
PROJECT MANAGER
Texas P.E. Firm Registration No. F-754
0
10-26-2015
ISSUE
DATE
CAMERON PERRY
DESIGNED BY
P. BLACKMAR
DRAWN BY
F. MARTINEZ
CHECKED BY
D. HEILMAN
NORTH BEACH NOURISHMENT CORPUS CHRISTI, TEXAS
GENERAL NOTES, LEGENDS AND SYMBOLS FILENAME
00G-01.dwg
SCALE
AS SHOWN
ISSUED FOR BIDS DESCRIPTION
PROJECT NUMBER
226288
SHEET
00G-01
1
2
3
4
5
6
7
8
D
C
B
A
PROJECT MANAGER
Texas P.E. Firm Registration No. F-754
0
10-26-2015
ISSUE
DATE
CAMERON PERRY
DESIGNED BY
P. BLACKMAR
DRAWN BY
F. MARTINEZ
CHECKED BY
D. HEILMAN
NORTH BEACH NOURISHMENT CORPUS CHRISTI, TEXAS
KEY MAP
FILENAME
01C-01.dwg
SCALE
AS SHOWN
ISSUED FOR BIDS DESCRIPTION
PROJECT NUMBER
226288
SHEET
01C-01
1
2
3
4
5
6
7
8
D
C
B
A
PROJECT MANAGER
Texas P.E. Firm Registration No. F-754
0
10-26-2015
ISSUE
DATE
CAMERON PERRY
DESIGNED BY
P. BLACKMAR
DRAWN BY
F. MARTINEZ
CHECKED BY
D. HEILMAN
NORTH BEACH NOURISHMENT CORPUS CHRISTI, TEXAS
EXISTING SITE PLAN
FILENAME
02C-01.dwg
SCALE
AS SHOWN
ISSUED FOR BIDS DESCRIPTION
PROJECT NUMBER
226288
SHEET
02C-01
1
2
3
4
5
6
7
8
D
C
B
A
PROJECT MANAGER
Texas P.E. Firm Registration No. F-754
0
10-26-2015
ISSUE
DATE
CAMERON PERRY
DESIGNED BY
P. BLACKMAR
DRAWN BY
F. MARTINEZ
CHECKED BY
D. HEILMAN
NORTH BEACH NOURISHMENT CORPUS CHRISTI, TEXAS
PROJECT LAYOUT
FILENAME
03C-01.dwg
SCALE
AS SHOWN
ISSUED FOR BIDS DESCRIPTION
PROJECT NUMBER
226288
SHEET
03C-01
1
2
3
4
5
6
7
8
D
C
B
A
PROJECT MANAGER
Texas P.E. Firm Registration No. F-754
0
10-26-2015
ISSUE
DATE
CAMERON PERRY
DESIGNED BY
P. BLACKMAR
DRAWN BY
F. MARTINEZ
CHECKED BY
D. HEILMAN
NORTH BEACH NOURISHMENT CORPUS CHRISTI, TEXAS
ENLARGED PLAN - NOURISHMENT AREA
FILENAME
03C-02.dwg
SCALE
AS SHOWN
ISSUED FOR BIDS DESCRIPTION
PROJECT NUMBER
226288
SHEET
03C-02
1
2
3
4
5
6
7
8
D
C
B
A
PROJECT MANAGER
Texas P.E. Firm Registration No. F-754
0
10-26-2015
ISSUE
DATE
CAMERON PERRY
DESIGNED BY
P. BLACKMAR
DRAWN BY
F. MARTINEZ
CHECKED BY
D. HEILMAN
NORTH BEACH NOURISHMENT CORPUS CHRISTI, TEXAS
ENLARGED PLAN - BORROW AREA
FILENAME
03C-03.dwg
SCALE
AS SHOWN
ISSUED FOR BIDS DESCRIPTION
PROJECT NUMBER
226288
SHEET
03C-03
1
2
3
4
5
6
7
8
D
C
B
A
PRELIMINARY TRAFFIC CONTROL PLAN PROJECT MANAGER
Texas P.E. Firm Registration No. F-754
0
10-26-2015
ISSUE
DATE
CAMERON PERRY
DESIGNED BY
R. PEDRAZA
DRAWN BY
F. MARTINEZ
CHECKED BY
D. HEILMAN
NORTH BEACH NOURISHMENT CORPUS CHRISTI, TEXAS
SITE ACCESS AND TRAFFIC CONTROL
FILENAME
03C-04.dwg
SCALE
AS SHOWN
ISSUED FOR BIDS DESCRIPTION
PROJECT NUMBER
226288
SHEET
03C-04
1
2
3
4
5
6
7
8
D
C
B
A
PROJECT MANAGER
Texas P.E. Firm Registration No. F-754
0
10-26-2015
ISSUE
DATE
CAMERON PERRY
DESIGNED BY
P. BLACKMAR
DRAWN BY
F. MARTINEZ
CHECKED BY
D. HEILMAN
NORTH BEACH NOURISHMENT CORPUS CHRISTI, TEXAS
CROSS SECTIONS I
FILENAME
04C-01.dwg
SCALE
AS SHOWN
ISSUED FOR BIDS DESCRIPTION
PROJECT NUMBER
226288
SHEET
04C-01
1
2
3
4
5
6
7
8
D
C
B
A
PROJECT MANAGER
Texas P.E. Firm Registration No. F-754
0
10-26-2015
ISSUE
DATE
CAMERON PERRY
DESIGNED BY
P. BLACKMAR
DRAWN BY
F. MARTINEZ
CHECKED BY
D. HEILMAN
NORTH BEACH NOURISHMENT CORPUS CHRISTI, TEXAS
CROSS SECTIONS II
FILENAME
ISSUED FOR BIDS DESCRIPTION
PROJECT NUMBER
226288
SCALE
SHEET
04C-02
1
2
3
4
5
6
7
8
D
C
B
A
PROJECT MANAGER
Texas P.E. Firm Registration No. F-754
0
10-26-2015
ISSUE
DATE
CAMERON PERRY
DESIGNED BY
P. BLACKMAR
DRAWN BY
F. MARTINEZ
CHECKED BY
D. HEILMAN
NORTH BEACH NOURISHMENT CORPUS CHRISTI, TEXAS
CROSS SECTIONS III
FILENAME
ISSUED FOR BIDS DESCRIPTION
PROJECT NUMBER
226288
SCALE
SHEET
04C-03
1
2
3
4
5
6
7
8
D
C
B
A
PROJECT MANAGER
Texas P.E. Firm Registration No. F-754
0
10-26-2015
ISSUE
DATE
CAMERON PERRY
DESIGNED BY
P. BLACKMAR
DRAWN BY
F. MARTINEZ
CHECKED BY
D. HEILMAN
NORTH BEACH NOURISHMENT CORPUS CHRISTI, TEXAS
CROSS SECTIONS IV
FILENAME
ISSUED FOR BIDS DESCRIPTION
PROJECT NUMBER
226288
SCALE
SHEET
04C-04
1
2
3
4
5
6
7
8
D
C
B
A
PROJECT MANAGER
Texas P.E. Firm Registration No. F-754
0
10-26-2015
ISSUE
DATE
CAMERON PERRY
DESIGNED BY
P. BLACKMAR
DRAWN BY
F. MARTINEZ
CHECKED BY
D. HEILMAN
NORTH BEACH NOURISHMENT CORPUS CHRISTI, TEXAS
CROSS SECTIONS V
FILENAME
ISSUED FOR BIDS DESCRIPTION
PROJECT NUMBER
226288
SCALE
SHEET
04C-05
1
2
3
4
5
6
7
8
D
C
B
A
PROJECT MANAGER
Texas P.E. Firm Registration No. F-754
0
10-26-2015
ISSUE
DATE
CAMERON PERRY
DESIGNED BY
P. BLACKMAR
DRAWN BY
F. MARTINEZ
CHECKED BY
D. HEILMAN
NORTH BEACH NOURISHMENT CORPUS CHRISTI, TEXAS
TYPICAL SECTIONS
FILENAME
05C-01.dwg
SCALE
AS SHOWN
ISSUED FOR BIDS DESCRIPTION
PROJECT NUMBER
226288
SHEET
05C-01
APPENDIX A U.S. ARMY CORPS OF ENGINEERS PERMIT
APPENDIX B TPDES GENERAL PERMIT NO. TXR 150000
STORM WATER POLLUTION PREVENTION PLAN CERTIFICATION CONTRACTOR'S CERTIFICATION
I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification.
_________________________________________________________ Signature _________________________________________________________ Company, Address, Phone
Responsible for
Name: Title: Date: Name: Title: Date: Name: Title: Date:
OWNER'S CERTIFICATION I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
Signed: Name: Title: Corporation: Date:
