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This project is funded in part by a financial assistance award from the U.S. Department of

the Interior, U.S. Fish and Wildlife Service, Coastal Impact Assistance Program.

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AECOM Reg. #F-3580

VOLUME I – SPECIFICATIONS

ITEM No. of Pages

DIVISION 00 – CONTRACTING AND PROCUREMENT REQUIREMENTS

Request for Proposals and Exhibits A, B, C ................................................................ 75

Contractor’s Qualifications Form .................................................................................... 4

Contractor’s Proposal Form ........................................................................................... .4

Non-Collusion Affidavit .................................................................................................... 1

Performance Bond ............................................................................................................ 1

Payment Bond ................................................................................................................... 1

Certificate of Insurance .................................................................................................... 1

Uniform General and Supplementary Conditions ....................................................... 63

Prevailing Wages Rates (Heavy Construction) .............................................................. 4

Wage Rate Complaint Information Requirements ......................................................... 1

Pre-Construction Conference Agenda .......................................................................... 11

Transmittal Letter .............................................................................................................. 1

State of Texas Purchase Voucher – Construction & Schedule of Values................... 2

Construction Payment Affidavit ...................................................................................... 1

Time Extension Change Order ........................................................................................ 1

Vendor Direct Deposit Authorization ............................................................................. 2

Submittal Cover Sheet ...................................................................................................... 1

Change Order Form A, B, C, D ......................................................................................... 4

Warranty Transmittal Letter ............................................................................................. 1

Final Payment Checklist ................................................................................................... 1

DIVISION 01 – GENERAL REQUIREMENTS

Section 01 00 00 – Special Conditions ............................................................................ 8

Section 01 10 00 – Summary ............................................................................................ 4

Section 01 20 00 – Price and Payment Procedures ....................................................... 3

Section 01 31 00 – Project Management and Coordination .......................................... 5

Section 01 42 00 – References ......................................................................................... 3

DIVISION 02 – EXISTING CONDITIONS

Section 02 05 19.13 – Geotextiles for Existing Conditions ........................................... 4

Section 02 21 13 – Site Surveys ...................................................................................... 3

DIVISION 31 – EARTHWORK

Section 31 10 00 – Site Clearing ...................................................................................... 1

Section 31 23 00 – Excavation and Fill ........................................................................... 4

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION

Section 35 31 00 – Shoreline Protection Stone ............................................................ 11

DRAWINGS

Sheet Number Title/Contents

T100 Title Sheet

G100 General Arrangement

G101 Construction Access & Haul Routes

G102 Breakwater Coordinates – Station 0+00 to 20+73





C100 Site Plan – Station 0+00 to 20+73





C105 Breakwater “A” Details

C106 Breakwater “B” Details

C107 Revetment “R” Details

APPENDICES

Appendix A – Technical Memorandum of Data Collection & Analyses

Appendix B – Permit

October 2015

DIVISION 0

CONTRACTING AND PROCUREMENT

REQUIREMENTS

____________________________________________________________________________________________________________________

Texas General Land Office -i- RFP No. X0008239-SK

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Release Date: October 30, 2015 Deadline for Submission: December 2, 2015 @ 3:00 P.M. Central Time

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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.

mailto:[email protected]

____________________________________________________________________________________________________________________

Texas General Land Office -ii- RFP No. X0008239-SK

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 .................................................................................................. 3

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 ............................................................................................................ 4

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

____________________________________________________________________________________________________________________

Texas General Land Office -iii- RFP No. X0008239-SK

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 -iv- RFP No. X0008239-SK

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

____________________________________________________________________________________________________________________

Texas General Land Office -1- RFP No. X0008239-SK

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1. EXECUTIVE SUMMARY

The Texas General Land Office (GLO) is requesting proposals for coastal construction services to build stone breakwaters along the eastern shoreline of the Virginia Point Peninsula Preserve, Galveston County, Texas (Project). The Project site is located along 10,000 feet of shoreline along West Galveston Bay on the northeastern side of Interstate Highway 45, approximately two miles south of Texas City. The GLO will consider proposals from firms, joint ventures, or other business arrangements that demonstrate the ability to perform the coastal construction work within the guidelines of this RFP and the regulations of the GLO and any other local and federal regulatory agencies having jurisdiction over the Project. 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, AECOM. “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. “CPF” means the Contractor’s Proposal Form.

http://www.glo.texas.gov/

____________________________________________________________________________________________________________________


“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 Coastal Construction Services for Wetland Protection and Restoration, Virginia Point, Galveston County, Texas, CEPRA Project No. 1596. “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, coastal construction services related to the construction of stone breakwaters along the eastern shoreline of the Virginia Point Peninsula Preserve, Galveston County, Texas. The Project site is located along 10,000 feet of shoreline along West Galveston Bay on the northeastern side of Interstate Highway 45, approximately two miles south of Texas City. The Project consists of the construction of a series of segmented stone breakwaters in the nearshore water, parallel to the shoreline for the purpose of erosion protection. The adjacent property that is being protected is a native prairie conservation area owned by Scenic Galveston, Inc. 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.

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. 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. AECOM Attn: Chris Levitz, P.E. 19219 Katy Freeway, Suite 100, Houston, Texas 77094 Phone: 281-675-3518

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 8, 2016. Construction must be substantially completed within the time period proposed by Provider on the Contractor's Proposal Form. The Provider should consider a maximum of 30 days between Substantial Completion and Final Completion when determining the total contract time. Any contract resulting from this Solicitation shall be from Contract Execution until final acceptance of the Project or August 31, 2016, whichever is earlier.

____________________________________________________________________________________________________________________


The GLO, at its own discretion, may extend any contract awarded pursuant to this Solicitation, subject to terms and conditions mutually agreeable to both parties.

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 Five Hundred Dollars ($500.00) PER DAY.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

____________________________________________________________________________________________________________________


ARTICLE III. ADMINISTRATIVE INFORMATION

3.1. SCHEDULE OF EVENTS

EVENT DATE/TIME Issue Solicitation October 30, 2015

Pre-Proposal Conference (non-mandatory) Gulf Coast Waste Disposal Authority 3500 Loop 197 South Galveston, TX 77554

November 16, 2015 @ 1:00 PM Central Time

Deadline for Submitting Questions November 20, 2015 @ 5:00 PM Central Time

Deadline for Submission of Solicitation Responses December 2, 2015 at 3:00 PM Central Time

Deadline for Submission of HUB Subcontracting Plan December 3, 2015 at 5:00 PM Central Time

Evaluation Period December 4, 2015 to December 10, 2015

Oral Presentations

As Needed

Best and Final Offers December 11, 2015 to December 14, 2015

Selection and Award Notice

December 15, 2015

Contract Negotiation Period December 16, 2015 to January 6, 2016

Deadline for Bonds and Insurance

January 7, 2016

Pre-Construction Conference

January 8, 2016

Notice to Proceed

January 8, 2016

Substantial Completion

TBD

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.

http://esbd.cpa.state.tx.us/

____________________________________________________________________________________________________________________


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 Shelia Kirk, CTPM Title Purchaser Address 1700 N. Congress Ave. City, State, Zip Austin, Texas 78701 Phone 800.998.4456 Fax 512.463.1795 Email [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.



http://esbd.cpa.state.tx.us/

____________________________________________________________________________________________________________________


It is Respondent’s responsibility to check the ESBD or contact the point-of-contact 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 16, 2015 at 1:00 PM Central Time at the Gulf Coast Waste Disposal Authority, 3500 Loop 197 South, Galveston, TX 77554. Attendance at the pre-proposal conference is non-mandatory but strongly encouraged; 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.


____________________________________________________________________________________________________________________


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.

____________________________________________________________________________________________________________________


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: X0008239-SK SUBMISSION DEADLINE: December 2, 2015 FOR: Coastal Construction

Services for Wetland Protection and Restoration, Virginia Point

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 Overnight/Express Mail Hand Delivery Texas General Land Office P.O. Box 12873 Austin, Texas 78711-2873

Texas General Land Office 1700 North Congress Ave. Stephen F. Austin Bldg., Room B-25 Austin, Texas 78701 512-463-5186 Attn: Shelia Kirk

Texas General Land Office 1700 North Congress Ave. Stephen F. Austin Bldg., Room B-25 Austin, Texas 78701

____________________________________________________________________________________________________________________


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.


____________________________________________________________________________________________________________________


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 must be financially solvent and adequately

capitalized.

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 major

subcontractors who perform 15% or more of work (45%); 4.1.3.3 References (5%);

____________________________________________________________________________________________________________________


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: • 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.

NOTE: 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.

4.2. 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

____________________________________________________________________________________________________________________


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.


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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: • 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.

NOTE: 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.

5.3. 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/

http://www.cpa.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/

https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp


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.

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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.

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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.


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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.


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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.


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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 (Section 5.5) ___ • Dun & Bradstreet Report (Section 5.8) ___ • Annual Report (Section 5.9) ___ • Safety Information (Section 5.10) ___ • Quality Control Program (Section 5.11) ___ • Cost Control Program (Section 5.12) ___ • Non-Collusion Affidavit (Section 5.13) ___

PART 2 OF SOLICITATION RESPONSE (COST PROPOSAL):

1. Cost Proposal (Project Manual) ___

(One original fully completed and signed)

2. Bid Bond (Section 5.14) ___


____________________________________________________________________________________________________________________

Texas General Land Office -A-1- RFP No. X0008239-SK

EXHIBIT A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE

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, andaccurate.

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 withthe submitted Solicitation Response.

3. Pursuant to Texas Government Code, Title 10, Subtitle D, Section 2155.004(a), the Respondent has not receivedcompensation 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 theindividual or business entity named in this Solicitation Response is current on his or her child support payments andis, 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 paymentmay be withheld if this certification is inaccurate. Any Respondent subject to this Section must include names andSocial Security numbers of each person with at least 25% ownership in the business entity named in this SolicitationResponse. 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 arenot presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded fromparticipation in this transaction by any federal Department or Agency. This certification is made pursuant to theregulations implementing Executive Order 12549, Debarment and Suspension, 28 C.F.R. pt. 67, § 67.510, aspublished as Pt. VII of the May 26,1988, Federal Register (pp. 19160-19211), and any relevant regulationspromulgated by the Department or Agency funding this project. This provision shall be included in its entirety inRespondents’ 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 toprocurement; and that the participants named in items 5(a) through 5(d) above are not listed on the federalgovernment's terrorism watch list described in Executive Order 13224. Entities ineligible for federal procurementare 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 paymentwithheld if this certification is inaccurate. This provision shall be included in its entirety in Respondent'ssubcontracts 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 towardsany 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 completethe 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 thepurchase 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 anycontract resulting from this Solicitation for a period of four (4) years after the date of the submission of finalinvoices or until a resolution of billing questions, whichever is later. Respondent acknowledges that the State has a


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 asacceptance of the authority of the State Auditor’s Office, or any successor agency, to conduct an audit orinvestigation in connection with those funds. Respondent further agrees to cooperate fully with the State Auditor’sOffice, 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 inconnection with any resulting contract from this Solicitation during the twelve- (12) month period immediatelyfollowing 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 thatapplicants 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 ofcompensation; and selection for training, including apprenticeship. The Respondent agrees to post notices, whichset forth the provisions of this non-discrimination article, in conspicuous places available to employees or applicantsfor 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 orindirectly, 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 theRespondent, 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 promoteconsistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines toenforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, andappropriate 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, theImmigration Act of 1990, and the Immigration Act of 1996 regarding employment, employment verification, andretention 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 financialparticipation 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 federalcivil or administrative enforcement action in connection with a contract awarded by the federal government forrelief, 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 TexasGovernment Code, the Respondent certifies that the individual or business entity named in this Solicitation is notineligible to receive the specified contract and acknowledges that any contract resulting from this Solicitation maybe 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 otherfunds under any contract resulting from this Solicitation are not prohibited by Section 556.005 or Section 556.008 ofthe Texas Government Code.

Check below if preference claimed under Title 34 TAC § 20.38


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 NO

EXCEPTION SUMMARY FORM (Attach Additional Sheets if Necessary)

SOLICITATION SECTION NUMBER

SOLICITATION PAGE NUMBER

EXCEPTION (PROVIDE A DETAILED EXPLANATION)

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.

____________________________________________________________________________________________________________________

Texas General Land Office -B-1- RFP No. X0008239-SK

EXHIBIT B: SAMPLE CONTRACT

GLO Contract No. **-***-***-****

Page 1 of *** V_042514

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: PROJECT MANUAL, INCLUDING GLO RFP NO. ****, AND

ANY ADDENDA (INCORPORATED BY REFERENCE, AS IF

PHYSICALLY ATTACHED)

ATTACHMENT B: CONTRACTOR’S FULL RESPONSE TO THE RFP AND ANY

ADDENDA (INCORPORATED BY REFERENCE, AS IF


ATTACHMENT C: FEDERAL ASSURANCES AND CERTIFICATIONS

ATTACHMENT D: GENERAL AFFIRMATIONS

ATTACHMENT E: REQUIRED PERFORMANCE AND PAYMENT BONDS

ATTACHMENT F: 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

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.



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Page 3 of *** V_042514

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.


mailto:****@glo.texas.gov

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.



Page 4 of ***


Page 5 of *** V_042514

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.

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.



Page 6 of ***


Page 7 of *** V_042514

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

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: PROJECT MANUAL, INCLUDING GLO RFP NO. ****, AND

ANY ADDENDA (INCORPORATED BY REFERENCE, AS IF


ATTACHMENT B: CONTRACTOR’S FULL RESPONSE TO THE RFP AND ANY

ADDENDA (INCORPORATED BY REFERENCE, AS IF


ATTACHMENT C: FEDERAL ASSURANCES AND CERTIFICATIONS

ATTACHMENT D: GENERAL AFFIRMATIONS

ATTACHMENT E: REQUIRED PERFORMANCE AND PAYMENT BONDS

ATTACHMENT F: 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

____________________________________________________________________________________________________________________

Texas General Land Office -C-1- RFP No. X0008239-SK

EXHIBIT C: HUB SUBCONTRACTING PLAN

1700 North Congress Avenue, Austin, Texas 78701-1495 P.O. Box 12873, Austin, Texas 78711-2873

512-463-5001 glo.texas.gov

TO: Respondents SUBJECT: Historically Underutilized Business (HUB) Subcontracting Plan (HSP) Request for Proposals No. X0008239-SK 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 Fuel/Diesel Class 405 / Item 57 Lubricating Oil (general purpose) Class 750 / Item 35 Crushed Stone, Rip Rap Class 925 / Item 86 Surveying Services Class 959 / Item 53 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.

http://www.window.state.tx.us/procurement/cmbl/cmblhub.html

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

http://www2.cpa.state.tx.us/cmbl/cmblhub.html

http://www.window.state.tx.us/procurement/cmbl/hubonly.html

http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/

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

Website: www.ephcc.org Contact: Terri Reed Email: [email protected] Phone: 915-566-4066 Fax: 915-566-9714

Dallas/Fort Worth Minority Supplier Development Council

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

Website: www.hcadesa.org Contact: Roy Attwood Email: [email protected] Phone: 210-444-1100 Fax: 210-444-1101

Golden Triangle Minority Business Council

Website: www.gtmbc.com Contact: Beverly H. Hatcher Email: [email protected] Phone: 409-962-8530

Regional Hispanic Contractors Association (RHCA)

Website: www.TAMACC.org Contact: Julio E. Florez Email: [email protected] Phone: 972-786-0909 Fax: 972-786-0910

Houston Minority Supplier Development Council

Website: www.hmsdc.org Contact: Angela Freeman Email:[email protected] Phone: 713-271-7805 Fax: 713-271-9770

Southwest Minority Supplier Development Council

Website: http://www.smsdc.org Contact: Jennifer Mort Email: [email protected], [email protected] Phone: 210-525-7925, 512-386-8766 Fax: 512-386-8988

South Central Texas Regional Certification Agency

Website: www.sctrca.org Contact: Ross Mitchell Email: [email protected] Phone: 210-227-4722

US Pan Asian American Chamber of Commerce SW

Website: www.uspaacc-sw.org Contact: Grace McDermott Email: [email protected] Phone: 682-367-1393 Fax: 817-469-9485

Texas Association of Mexican American Chambers of Commerce (TAMACC)

Website: www.TAMACC.org Contact: Pauline Anton Email: [email protected] Phone: 512-444-5727

Women's Business Enterprise Alliance

Website: www.wbea-texas.org Contact: April Day Email: [email protected] Phone: 713-681-9232

Tri-County Black Chamber of Commerce

Website: http://www.tcbcc.org/ Contact: Leondria Thompson Email: [email protected] Phone: 832-875-3977 Fax: 281-336-0870

Women's Business Council - Southwest

Website: http://www.wbcsouthwest.org Contact: Anita Steele Email: [email protected] Phone: 817-299-0566

Capital City African American Chamber of Commerce

Website: http://www.capcitychamber.org/ Contact: Darlene Watkins Email: [email protected] Phone: 512-459-1181

Revised 1/09/14

http://www.ephcc.org/


http://www.dfwmsdc.com/



http://www.hcadesa.org/


http://www.gtmbc.com/


http://www.tamacc.org/


http://www.hmsdc.org/


http://www.smsdc.org/



http://www.sctrca.org/


http://www.uspaacc-sw.org/


http://www.tamacc.org/


http://www.wbea-texas.org/


http://www.tcbcc.org/


http://www.wbcsouthwest.org/


http://www.capcitychamber.org/


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]

CHANGE ORDER NUMBER

______________

Vendor I.D. Number

Purchase Order No.:

Prime Contractor: Contract Number: Address Contract Period: From: To: City/State/Zip Phone/Fax Number: / Contact Person Contract Amount: $ 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 - -

v

SECTION-1: RESPONDENT AND REQUISITION INFORMATION

a. Respondent (Company) Name:

Point of Contact:

State of Texas VID #:

Phone #:

E-mail Address: Fax #:

b. Is your company a State of Texas certified HUB?

c. Requisition #:

- Yes - No

1

Bid Open Date: (mm/dd/yyyy)

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.

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).

Item #

Subcontracting Opportunity Description

HUBs Non-HUBs 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.

Percentage of the contract expected to be subcontracted to

HUBs with which you have a continuous contract* in place for more tha n five ( 5 ) ye a rs.

Percentage of the contract

expected to be subcontracted to non-HUBs.

1 % % %

2 % % %

3 % % %

4 % % %

5 % % %

6 % % %

7 % % %

8 % % %

9 % % %

10 % % %

11 % % %

12 % % %

13 % % %

14 % % %

15 % % %

Aggregate percentages of the contract expected to be subcontracted: % % %

(Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online at http://window.state.tx.us/procurement/prog/hub/hub- subcontracting-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.)


http://window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/

http://window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/

Rev. 10/14


SECTION-2: SUBCONTRACTING INTENTIONS RESPONDENT (CONTINUATION SHEET) a. 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).

Item #

Subcontracting Opportunity Description

HUBs Non-HUBs

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.

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.

16 % % %

17 % % %

18 % % %

19 % % %

20 % % %

21 % % %

22 % % %

23 % % %

24 % % %

25 % % %

26 % % %

27 % % %

28 % % %

29 % % %

30 % % %

31 % % %

32 % % %

33 % % %

34 % % %

35 % % %

36 % % %

37 % % %

38 % % %

39 % % %

40 % % %

41 % % %

42 % % %

43 % % %

Aggregate percentages of the contract expected to be subcontracted: % % %

HSP – SECTION 2 (Continuation Sheet)


Rev. 10/14


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

http://www.window.state.tx.us/procurement/prog/hub/hub-forms/progressassessmentrpt.xls

HSP Good Faith Effort - Method A (Attachment A) Rev. 10/14

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)


http://window.state.tx.us/procurement/prog/hub/hub-forms/hub-sbcont-plan-gfe-achm-a.pdf

Rev. 10/14 HSP Good Faith Effort - Method B (Attachment B) Enter your company’s name here: 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.

Trade Organizations or Development Centers Date Notice Sent Was the Notice Accepted? (mm/dd/yyyy)

- Yes - No

- Yes - No

Page 1 of 2 (Attachment B)

http://window.state.tx.us/procurement/prog/hub/hub-forms/hub-sbcont-plan-gfe-achm-b.pdf

http://www.window.state.tx.us/procurement/prog/hub/hub-subcontracting-plan/

http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp

http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/

Rev. 10/14 HSP Good Faith Effort - Method B (Attachment B) Cont. Enter your company’s name here: Requisition #:

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

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 $ %

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)

Select

Rev. 10/14

HUB Subcontracting Opportunity Notification Form 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.

Company Name: State of Texas VID #:

Point-of-Contact: Phone #:

E-mail Address: Fax #:

Agency Name: Point-of-Contact: Phone #:

Requisition #: Bid Open Date:

(mm/dd/yyyy)

SECTION: C SUBCONTRACTING OPPORTUNITY RESPONSE DUE DATE, DESCRIPTION, REQUIREMENTS AND RELATED INFORMATION1. 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 on .

Central Time 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

SECTION: B CONTRACTING STATE AGENCY AND REQUISITION INFORMATION

SECTION: A PRIME CONTRACTOR’S INFORMATION

Potential HUB Subcontractors on the CMBLRFP X0008239-SK

Class 405 / Item 09 Fuel/Diesel

Vendor ID Company NameContact Person

Address (line 1)

Address (line 2) City State Zip Email Phone

HUB Eligibility

HUB Gender

1161689164100

ACE COMMUNICATIONS LTD. CO.

RICHARD VALENT

5151 FLYNN PKWY STE 102

CORPUS CHRISTI TX 78411-4318

[email protected]

361-994-1405 HI M

1742062753500ANDY'S AUTO BUS & AIR, INC.

Owner/ROBERT ROSAS

11901 SARA ROAD LAREDO TX 78045

[email protected]

956-722-7321 HI M

1464854059000 APOGEE CFS, LLCRenior L. Knox Sr

3649 LEOPARD ST STE 412


[email protected]

361-887-1806 BL M

1113656760600ARGUINDEGUI OIL CO II LTD

President/ Alfonso Arguindegui

PO BOX 1367 LAREDO TX 78042-1367

[email protected]

956-722-5251 HI M

1760666072200

B-W INDUSTRIAL SUPPLY CORPORATION

Richard Webb

PO BOX 91170 HOUSTON TX 77291-1170

[email protected]

281-445-2000 BL M

1270613679800BAILEY'S PREMIER SERVICES LLC

Tamiko W Bailey

PO BOX 16454 FORT WORTH TX 76162

[email protected]

817-292-2423 BL F

1742525331100

BRENCO MARKETING CORPORATION

Nancy M. Broach

PO BOX 3819 BRYAN TX 77805-3819

[email protected]

979-260-3835 WO F

1752918306700

CARCON INDUSTRIES & CONSTRUCTION, LLC

DIANA MUNOZ

1341 W MOCKINGBIRD LN

SUITE 1200-W DALLAS TX 75247-6913

[email protected]

214-352-8515 HI F

1272526980200CHAMPION FUEL SOLUTIONS, LLC

Patti Russell

PO BOX 210191 BEDFORD TX 76095-7191

[email protected]

877-909-9191 WO F

1464865116500CS BIO-SOLUTIONS, INC.

Kenneth Columbia

12605 EAST FWY SUITE 505 HOUSTON TX 77015-5625

[email protected]

888-282-1160 DV M

1454695008100FRYAR ENERGY, LLC

STEVE FRYAR

PO BOX 1527 BROWNWOOD TX 76804-1506 [email protected]

325-642-1158 WO F


1464544344200

GENOA INTERNATIONAL, LLC

Kahn, Pamela

2245 TEXAS DR STE 300 SUGAR LAND TX 77479-1468

[email protected]

281-313-0120 WO F

1742207900800GOLD STAR PETROLEUM, INC.

J.J. Rodriguez

PO BOX 11151 SPRING TX 77391

[email protected]

281-379-5928 HI M

1251910599800K-INDUSTRIAL SUPPLY & SALES

Karon L. Syracuse

300 BELCHER ST CLEVELAND TX 77327

[email protected]

281-853-7195 WO F

1562540164900NOW PACKAGING COMPANY

BRIAN K. REED

5602 COUNCIL GROVE COURT HOUSTON TX 77088

[email protected]

281-999-6881 BL F

1461548066300PETROPANGEA, INC.

PETROPANGEA, INC.

2206 GLENEAGLES DR LEAGUE CITY TX 77573-5853

[email protected]

281-334-9110 HI M

1471975275100PREMIER FUELING LLC

Orly Meyers

14 LOMBARDY TER BENBROOK TX 76132-1031

[email protected]

817-504-3111 WO F

1752238149400

RICOCHET FUEL DISTRIBUTORS, INC.

Cass Roberts

1201 ROYAL PKWY EULESS TX 76040-6714

[email protected]

817-268-5910 WO F

1010905986400 SIMBA INDUSTRIESOwner/Vickie Kasten

PO BOX 3141 GRAPEVINE TX 76099-3141

[email protected]

817-251-4800 WO F

1464487032200STATE PARK SUPPLIES

State Park Supplies

1721 CEDAR SPRINGS RD ALPINE TX 79830-7729

[email protected]

432-371-2456 HI F


Class 405 / Item 57 Lubricating Oil (general purpose)

18005901550003MB INTERIOR PLUS

Bernadette Blair

14090 SOUTHWEST FWY STE 300 SUGAR LAND TX 77478-3679

[email protected]

281-302-5353 BL F

1421562051000ADVANTAGE SUPPLY Carol Bane

PO BOX 471103 FORT WORTH TX 76147-1103

[email protected]

817-377-8094 WO F

1510650312900 AISW INC.Tom Parlow

2790 OSBORN LN BRYAN TX 77803-5151 [email protected]

979-696-6092 WO F

1113656760600ARGUINDEGUI OIL CO II LTD

President/ Alfonso Arguindegui


[email protected]

956-722-5251 HI M

1760666072200

B-W INDUSTRIAL SUPPLY CORPORATION

Richard Webb

PO BOX 91170 HOUSTON TX 77291-1170

[email protected]

281-445-2000 BL M

1270613679800BAILEY'S PREMIER SERVICES LLC

Tamiko W Bailey

PO BOX 16454 FORT WORTH TX 76162

[email protected]

817-292-2423 BL F

1751848382500

BILL BURTON AUTOMOTIVE SUPPLY, INC

julie merchant

PO BOX 1149 TRINITY TX 75862-1149

[email protected]

936-594-2544 WO F

1383883527300 BLENDER DIRECT Carey Clark

12238 KINDRED ST. HOUSTON TX 77049

[email protected]

713-584-9227 HI M

1263718834800 BULLCHASE, INC.Marianne Galea

1420 CYPRESS CREEK RD. SUITE 200 - 310 CEDAR PARK TX 78613

[email protected]

888-558-2855 WO F

1202983931800

BURGOON COMPANY DBA EVCO PARTNERS, LP

President/Nancy Evans

PO BOX 1168 GALVESTON TX 77553-1168

[email protected]

409-766-1900 WO F


1752918306700


DIANA MUNOZ



[email protected]

214-352-8515 HI F

1272526980200CHAMPION FUEL SOLUTIONS, LLC

Patti Russell

PO BOX 210191 BEDFORD TX 76095-7191

[email protected]

877-909-9191 WO F

1200199366100COMPETITIVE CHOICE INC.

Aundrea Young

P.O. BOX 35743 HOUSTON TX 77235-5743

[email protected]

713-838-1144 BL F

1752953541500CRAGG'S DO IT BEST LUMBER AND

Douglas Cragg

HOME CENTER, INC.

21100 STATE HIGHWAY 46 W

SPRING BRANCH TX 78070-6177

[email protected]

830-438-4732 WO F

1710975243000EGF ENERGY PARTNERS, LLC

Felix Moreno

12238 KINDRED ST HOUSTON TX 77049-3415

[email protected]

281-977-7400 HI M

1454695008100FRYAR ENERGY, LLC

STEVE FRYAR

PO BOX 1527 BROWNWOOD TX 76804-1506 [email protected]

325-642-1158 WO F

1464544344200

GENOA INTERNATIONAL, LLC

Kahn, Pamela

2245 TEXAS DR STE 300 SUGAR LAND TX 77479-1468

[email protected]

281-313-0120 WO F

1251910599800K-INDUSTRIAL SUPPLY & SALES

Karon L. Syracuse

300 BELCHER ST CLEVELAND TX 77327

[email protected]

281-853-7195 WO F

1454149018200 LUBRIMARFelix Moreno Jr

12238 KINDRED ST HOUSTON TX 77049-3415 [email protected]

281-977-7400 HI M

1271331598900 MAVICH, LLCFAITH GORDON

525 COMMERCE ST SOUTHLAKE TX 76092-9190

[email protected]

682-503-4484 HI F

1752475718800MORENO SUPPLY, INC.

RALPH MORENO

4140 BILLY MITCHELL DR. ADDISON TX 75001-4350

[email protected]

972-233-4429 HI M

1461548066300PETROPANGEA, INC.

PETROPANGEA, INC.

2206 GLENEAGLES DR LEAGUE CITY TX 77573-5853

[email protected]

281-334-9110 HI M

1752238149400

RICOCHET FUEL DISTRIBUTORS, INC.

Cass Roberts

1201 ROYAL PKWY EULESS TX 76040-6714

[email protected]

817-268-5910 WO F


1272054223700ROWLETT'S HARDWARE

Rodney Rowlett

1460 W HENDERSON ST CLEBURNE TX 76033-5105

[email protected]

817-645-7277 WO F

1271325890800

SAN ANGELO CROSS TEXAS SUPPLY LLC

President/Becky Dyches

4009 BEN FICKLIN ROAD SAN ANGELO TX 76903

[email protected]

325-651-1408 WO F

1474407839600 SERENITY SELLSOwner/David Hirsch

8548 N LAMAR BLVD APT 3212 AUSTIN TX 78753-5518

[email protected]

512-577-7484 HI M



[email protected]

817-251-4800 WO F

1464487032200STATE PARK SUPPLIES

State Park Supplies

1721 CEDAR SPRINGS RD ALPINE TX 79830-7729

[email protected]

432-371-2456 HI F

1208727508200 SUNBELT SUPPLY Rick Garza

3301 SUNRISE RD ROUND ROCK TX 78665-2552

[email protected]

512-244-7535 WO F

1381434636000TECHSYS, INC DBA PRODUCT-SOL

Drusilla Pease

PO BOX 884 PORT LAVACA TX 77979

[email protected]

850-572-3388 AI F


Class 750 / Item 35 Crushed Stone, Rip Rap

1453691521900ALLIED AGGREGATES, LLC

Elizabeth Cavazos

407 N ROSE ELLEN CIR MCALLEN TX 78501-8932

[email protected]

956-630-3201 HI F

1273752359200

BEDROCK TRANSPORTATION, LLC

Leslie Howard

13492 N HIGHWAY 183

SUITE 120-622 AUSTIN TX 78750-2252

[email protected]

512-535-5580 WO F

1742294514100

BORDER PACIFIC RAILROAD & MATERIALS

Sammuel F. VALE

PO BOX 156

804B WEST MAIN ST

RIO GRANDE CITY TX 78582 [email protected]

956-487-5606 HI M

1752918306700


DIANA MUNOZ



[email protected]

214-352-8515 HI F

1275078968200CARRASCO TRUCKING INC

Sergio Carrasco

501 HOPKINS AVE SEAGOVILLE TX 75159-2113

[email protected]

214-316-7929 HI M

1471226602300CIVIL DYNAMICS CORPORATION

Marshal Jarnagin

PO BOX 64187 LUBBOCK TX 79464-0000

[email protected]

806-863-2142 AS M

1542052173200CJA ENTERPRISES LLP

Owner/Carla Peacock

362 CROSSROADS RD COLLINSVILLE TX 76233-3366

[email protected]

540-840-1960 WO F

1742534950700

CONNERS CONSTRUCTION CO, INC

PAM CONNERS

2513 US HIGHWAY 77 LOTT TX 76656

[email protected]

254-584-2011 WO F

1462706182400 CT WALKER LLCCASSANDRA WALKER

PO BOX 142691 AUSTIN TX 78714-2691

[email protected]

512-300-3080 BL F

1454554097400DENALI SERVICES & TRANSPORT LLC

MARK GOBERT

1847 W NORTHWEST HWY DALLAS TX 75220-7017

[email protected]

214-630-4400 BL M

1472763986700

DORT & O'CONNOR CONTRACTORS, INC.

WILLIAM O'CONNOR

7647 HARRISBURG BLVD HOUSTON TX 77012-1439

[email protected]

281-328-8296 AS M

1270266873700

H & H CONSTRUCTION COMPANY, LLC

Pres./Dottie J. Husfeld

8727 COUNTY ROAD 410 NAVASOTA TX 77868-4976

[email protected]

936-825-6874 WO F


1208014285900J & J EXCAVATING & MATERIALS CO.

Jesse Martinez

4236 N HIGHWAY 83 CRYSTAL CITY TX 78839-1621

[email protected]

830-374-5262 HI M

1262401128900JANES PAVEMENT SERVICES, INC.

President/Ella L. Janes

616 16TH STREET HUNTSVILLE TX 77340-5365

[email protected]

936-293-8581 WO F

1742520857000KELLY BURT DOZER, INC.

Sharon Burt

PO BOX 4413 BRYAN TX 77805-4413

[email protected]

979-778-1902 WO F

1743257023600LONESTAR TRUCKING

Shirley Vega

130 ESCONDIDO DR DEL VALLE TX 78617-5622

[email protected]

512-779-4799 HI M

1741767978800

LOZANO TRUCKING COMPANY, INC.

Irma Camarillo/President

307 W. CHAVAVEAUX ROAD SAN ANTONIO TX 78221

[email protected]

210-924-4311 HI F

1461542641900

Q RECYCLING & CONSTRUCTION SERVICES INC.

Murtaza Badri

7171 HIGHWAY 6 N #208 HOUSTON TX 77095-2563

[email protected]

832-263-0152 AS M

1462227496800

RIO BREWSTER WASTE MANAGEMENT LLC

Patricia Chisum

PO BOX 868 LEAKEY TX 78873-0868

[email protected]

830-232-6727 AI F



[email protected]

817-251-4800 WO F

1760290042900

SORRELL CONSTRUCTION SERVICES, INC.

VP/MIKE SORRELL

PO BOX 2049 FREEPORT TX 77542-2049

[email protected]

979-233-6655 WO F

1742938674500

TIMMS TRUCKING AND EXCAVATING, LTD.

Managing Partner/Charles A. Timms

12685 SOMERSET RD VON ORMY TX 78073-3126

[email protected]

210-623-1229 HI M

1562630289500

TS & G, LLC DBA TEXAS SAND AND GRAVEL

Danny Fuller

PO BOX 2158 MANSFIELD TX 76063-0020

[email protected]

817-225-0059 WO F


Class 925 / Item 86 Surveying Services

1752966405800ACUMEN ENTERPRISES, INC.

Wayne Boyter

PO BOX 673 DESOTO TX 75123-0673

[email protected]

972-572-0701 AI M

1273545090500 AGAPE GRACE, LLCIsidro Garza Jr

3731 KEYGATE DR SPRING TX 77388-2908

[email protected]

832-446-8647 HI M

1461519164100

AGS CONSULTANTS, LLC

Grace Cervin

16800 GREENSPOINT PARK DR SUITE 180N HOUSTON TX 77060-2304

[email protected]

832-301-3815 HI F

1760052565700ALIEF ELECTRO MECHANICAL, INC.

President/Joe F. Leal

811 PARK TWO DRIVE SUGAR LAND TX 77478 [email protected]

281-565-3900 HI M

1760614439600

AMANI ENGINEERING INCORPORATED

PRESIDENT/ H. PRASAD KOLLURU, P.E.

8313 SOUTHWEST FREEWAY SUITE 350 HOUSTON TX 77074

[email protected]

713-270-5700 AS M

1043746373900ARANDA & ASSOCIATES, INC.

Vice Pres/Tony Aguirre

1552 W DOVE AVE MCALLEN TX 78504-3439

[email protected]

956-631-0944 HI M

1432072424900

ARREDONDO, ZEPEDA & BRUNZ, LLC

P/Alfonso P Garza

11355 MCCREE ROAD DALLAS TX 75238-3288

[email protected]

214-341-9900 HI M

1710965525200ASH & ASSOCIATES, LLC Shawn Ash

132 JACKSON LN SAN MARCOS TX 78666-7222

[email protected]

512-392-1719 HI F

1270523899100BARRAGAN & ASSOCIATES, INC.

Daniel Barragan

10950 PELLICANO DR STE F EL PASO TX 79935-4615

[email protected]

915-591-5709 HI M

1742985054200BIG SKY SURVEYING

Felix M. Gonzalez

4025 CHRIS DR ABILENE TX 79606-5538

[email protected]

541-218-8921 AI M

1741709530800BROCK & BUSTILLOS, INC.

Karina Martinez

417 EXECUTIVE CENTER BLVD. EL PASO TX 79902-1003

[email protected]

915-542-4900 HI M


1980432436600

BULLSEYE LAND SURVEYING COMPANY

Noela O. Garza

226 S ENTERPRIZE PKWY SUITE 114


[email protected]

361-452-3009 HI F

1752918306700


DIANA MUNOZ



[email protected]

214-352-8515 HI F

1742862226400

CHAPARRAL PROFESSIONAL LAND SURVEYING

CFO/SHARON WATTS

3500 MCCALL LN AUSTIN TX 78744-2404

[email protected]

512-443-1724 WO F

1261212981200 CIVILCORP LLCOwner/Ben L. Galvan

4611 E. AIRLINE ROAD, SUITE 300 VICTORIA TX 77904

[email protected]

361-570-7500 HI M

1272919386700 CIVILITUDE

FAYEZ SHAREEF KAZI

1701 DIRECTORS BLVD STE 400 AUSTIN TX 78744-1024

[email protected]

512-761-6161 AS M

1260042191600CRIADO & ASSOCIATES, INC.

Pres./MARIA CRISTINA CRIADO

4141 BLUE LAKE CIR STE 133 DALLAS TX 75244-5105

[email protected]

972-392-9092 HI F

1751616173800DALLAS AERIAL SURVEYS, INC.

Pres./Kim Johnson

10220 FOREST LANE DALLAS TX 75243-5123 [email protected]

214-349-2200 WO F

1751615147300DI SCIULLO-TERRY, STANTON &

President/Joyce P. Stanton

PO BOX 506 ARLINGTON TX 76004-0506

[email protected]

817-275-3361 WO F

1261752442100DOS LAND SURVEYING, LLC

Principal/Eric C. Ybarra

1002 E EXPRESSWAY 83 WESLACO TX 78596-4523

[email protected]

956-969-4183 HI M

1742083619300

FORD ENGINEERING, INC.

Ford , Regina

10927 WYE DRIVE, STE 104 SAN ANTONIO TX 78217

[email protected]

210-590-4777 WO F

1742784213700FOSTER CM GROUP, INC.

Paul W Foster

8610 N. NEW BRAUNFELS STE. 606 SAN ANTONIO TX 78217

[email protected]

210-804-1004 BL M


1752817126100

FRANK X SPENCER & ASSOCIATES, INC.

President / Rebecca T. Spencer

1130 MONTANA AVE EL PASO TX 79902-5510 [email protected]

915-533-4600 HI F

1742605463500

GEO STRATA ENVIRONMENTAL CONSULTANTS, IN

Principal/Suzanne Green

4718 COLLEGE PARK SAN ANTONIO TX 78249

[email protected]

210-492-7282 WO F

1481260666400GEOSOLUTIONS, LLC

Mary Chruszczak

25211 GROGANS MILL RD SUITE 375 SPRING TX 77380-2950

[email protected]

281-681-9766 WO F

1200268735300GESSNER ENGINEERING, LLC

CEO/Johanna Rankin Gessner

2501 ASHFORD DR SUITE 102

COLLEGE STATION TX 77840-5135

[email protected]

979-680-8840 WO F

1208343025100

GONZALEZ-DE LA GARZA & ASSOCIATES

AYDA SOFIA GONZALEZ

115 E TRAVIS ST SUITE 800 SAN ANTONIO TX 78205-1611

[email protected]

210-208-9400 HI F

1752332970800GORRONDONA & ASSOCIATES, INC.

President/Brad J. Gorrondona

7524 JACK NEWELL BLVD S FORT WORTH TX 76118-7117 [email protected]

817-496-1424 HI M

1742695447900

GUZMAN & MUNOZ ENGINEERING AND SURVEYING

JOSE LUIS MUNOZ

2020 E. EXPRESSWAY 83 MERCEDES TX 78570 [email protected]

956-565-4637 HI M

1463955279400H&L CONSULTING, LLC

Lyanne Beaman

901 S MOPAC PLAZA 1 SUITE 300 AUSTIN TX 78746

[email protected]

602-318-8896 WO F

1203255574500 H2B, INC.Henning, Tod

1225 NORTH LOOP W STE 800 HOUSTON TX 77008-4722

[email protected]

713-864-2900 DV M

1752457312200

HIGH-TECH LAND AND GPS SURVEYORS, INC.

President/MELISSA K WATKINS

3330 70TH ST STE 202 LUBBOCK TX 79413-6136 [email protected]

806-788-0020 WO F

1752481962400

IBARRA CONSULTING ENGINEERS

Pres./Raquel Ibarra INC

3131 TURTLE CREEK BLVD #1151 DALLAS TX 75219-5445

[email protected]

214-219-1030 HI F


1760375630900

IVY ROD, INC. DBA FRONTIER SURVEYING CO.

Pres.-CEO/Ivy Young

710 BUFFALO ST SUITE 700


[email protected]

361-881-8044 WO F

1201368188200

JAKECO CONSTRUCTION, INC. Nicole

347 ROSE MEADOW DR LA VERNIA TX 78121-4764 [email protected]

210-745-1302 WO F

1200539622600JQ INFRASTRUCTURE

PRINCIPAL/CHARLES R. MEHTA

2105 COMMERCE ST STE 200 DALLAS TX 75201-4363

[email protected]

972-392-7340 AS M

1742479057800 KEGLEY, INC.

Pres./ANITA M KEGLEY

10226 SAN PEDRO AVE # 114 SAN ANTONIO TX 78216-3820

[email protected]

210-349-4994 WO F

1203799667000LAMB-STAR ENGINEERING, L.P.

John M. Lamb, P.E.

5700 W PLANO PKWY SUITE 1000 PLANO TX 75093-2445

[email protected]

214-440-3600 AI M

1742768210300

LAND-MARK PROFESSIONAL SURVEYING

Vice-President Larry L. Drewes

1420 BESSEMER DRIVE

PO BOX 26626 EL PASO TX 79926

[email protected]

915-598-1300 HI F

1460504741500LANDESIGN SERVICES, INC.

President/Sherry Beavers

1220 MCNEIL ROAD, SUITE 200 ROUND ROCK TX 78681

[email protected]

512-238-7901 AI F

1742722229800LANDMARK SURVEYING, LP

DANA MARKUS-WOLF

2205 E 5TH ST AUSTIN TX 78702-4633

[email protected]

512-328-7411 WO F

1760421016500LANDTECH CONSULTANTS INC

Marketing Director/CATHY D'Arche

2525 NORTH LOOP WEST, SUITE 300 HOUSTON TX 77008-1094

[email protected]

713-861-7068 AS M

1752774147800

LINA T. RAMEY AND ASSOCIATES, INC.

LINA RAMEY

3320 BELT LINE RD

FARMERS BRANCH TX 75234-2305

[email protected]

214-979-1144 WO F

1742951947700 LNV, INC.Robert Viera

801 NAVIGATION BLVD STE 300


[email protected]

361-883-1984 HI M


1742553262300MACIAS & ASSOCIATES LP

Gino Macias

5410 S 1ST ST AUSTIN TX 78745-3040

[email protected]

512-442-7875 HI F

1752739090400

MARSHALL LANCASTER & ASSOCIATES, INC.

Marshall Lancaster, Marketing & Bus. Develop

1864 NORWOOD DR SUITE E HURST TX 76054-3755

[email protected]

817-268-8000 WO F

1472783752900

MBCO ENGINEERING, LLC.

Brock Crenek

13111 WESTHEIMER RD SUITE 307 HOUSTON TX 77077-5546

[email protected]

281-760-1656 WO F

1742273292900

MCGRAY & MCGRAY LAND SURVEYORS INC

MS. JUDITH J. MCGRAY

3301 HANCOCK DR SUITE # 6 AUSTIN TX 78731-5451

[email protected]

512-451-8591 WO F

1742812418800

MOUNTAIN ELECTRIC CORPORATION

President/ ANNA FULLER

4616 TITANIC AVE EL PASO TX 79904-3335

[email protected]

915-755-5118 HI F

1271576460600

MOY TARIN RAMIREZ ENGINEERS, LLC

Raymond Tarin Jr

12770 CIMARRON PATH STE 100 SAN ANTONIO TX 78249-3415

[email protected]

210-698-5051 HI M

1742233674700MWM DESIGN GROUP, INC.

President/Julia Harrod

305 E HUNTLAND DR SUITE 200 AUSTIN TX 78752-3736

[email protected]

512-453-0767 WO F

1751944112900NATHAN D. MAIER CONSULTING

Pres./JEAN MAIER DEAN

8080 PARK LN STE 600 DALLAS TX 75231-5911

[email protected]

214-739-4741 WO F

1752317110000

PACHECO KOCH CONSULTING ENGINEERS, INC.

Mark A. Pacheco, PE, RPLS - President

7557 RAMBLER ROAD SUITE 1400 DALLAS TX 75231-2388 [email protected]

972-235-3031 HI M

1471126277500PATRIOT SURVEYING, LLC

Ashley Elrod

1022 COUNTY ROAD 231 ROTAN TX 79546-6300

[email protected]

325-207-6256 WO F

1760775935800PLAGAR ENGINEERING LLC

President/ Placido J. Garcia, Jr.

PO BOX 3071

1155 MILITARY HWY BROWNSVILLE TX 78523-3071

[email protected]

956-550-9995 HI M

1743081249900PORRAS NANCE ENGINEERING

Owner/Thelma P. Nance


[email protected]

956-724-3097 HI F


1742214090900POZNECKI-CAMARILLO, INC.

Pres./Adalberto Camarillo

5835 CALLAGHAN RD STE 200 SAN ANTONIO TX 78228-1224 [email protected]

210-349-3273 HI M

1270946943600

PROJECT MANAGEMENT ASSOCIATES,

Pres./Edward Andrews P.L.L.C.

1013 SIENA DRIVE SOUTHLAKE TX 76092

[email protected]

972-302-7635 BL M

1275454796100

PTP TRANSPORTATION LLC

Jennie Taraborelli/Manager Partner

PO BOX 9389

THE WOODLANDS TX 77387-9389 [email protected]

936-441-9121 WO F

1742884551900

R. GUTIERREZ ENGINEERING CORPORATION

GUTIERREZ, RAMIRO

130 E. PARK AVENUE PHARR TX 78577

[email protected]

956-782-2557 HI M

1462094388700R.O.W. SURVEYING SERVICES, LLC Julio Cerda

1602 SOLAR DR MISSION TX 78574-2183

[email protected]

956-451-2670 HI M

1742256623600ROSIN GROUP, INC. LILA ROSIN

2008 NW MILITARY HWY SAN ANTONIO TX 78213-2130

[email protected]

210-490-6001 WO F

1262941288800 SAMES, INC.

Samuel D. Maldonado, P.E., RPLS

200 S CAGE BLVD PHARR TX 78577-4844

[email protected]

956-702-8880 HI M

1522374916700SANDS SURVEYING CORPORATION

President / Sheryl Cole

2154 W NORTHWEST HWY SUITE 204 DALLAS TX 75220-4220

[email protected]

817-355-5253 WO F

1465137961300SMITH TURRIETA, PLLC

Susan Smith Turrieta

PO BOX 5902 AUSTIN TX 78763-5902

[email protected]

512-569-9022 WO F

1462094308500

SOUTH TEXAS INFRASTRUCTURE GROUP, LLC Julio Cerda

1602 SOLAR DR MISSION TX 78574-2183

[email protected]

956-451-2670 HI M

1742210137200

STRUCTURAL ENGINEERING ASSOCIATES INC

JESSE S COVARRUBIAS

3838 NW LOOP 410 SAN ANTONIO TX 78229 [email protected]

210-735-9202 HI M

1461084175200SURGIS OF TEXAS CORPORATION

Philip V. Hampton, RPLS

12274 BANDERA RD., SUITE 242 HELOTES TX 78023-4409

[email protected]

210-367-5851 WO F


1463845453900TEXAS LAND SURVEYING, INC.

Nicole Berry

3613 WILLIAMS DR SUITE 903 GEORGETOWN TX 78628-1377

[email protected]

512-930-1600 WO F

1760445812900TLC ENGINEERING, INC.

Debbie Anders281-387-6808

8204 WESTGLEN DR HOUSTON TX 77063-6308

[email protected]

713-868-6900 BL M

1320082487100

TOWN AND COUNTRY SURVEYORS, LLC

Naomi Strauss

25307 N FREEWAY STE 100

THE WOODLANDS TX 77380

[email protected]

281-465-8730 WO F

1742864453200

UNINTECH CONSULTING ENGINEERS, INC.

Wan Yu Elisa Chan

2431 E EVANS RD SAN ANTONIO TX 78259-2755

[email protected]

210-641-6003 AS F

1272670518400

WHITE HAWK ENGINEERING & DESIGN, LLC

KIMBERLY D. BROOKS / PRESIDENT

303 S JUPITER RD SUITE 100 ALLEN TX

75002-3083

[email protected]

469-342-6844 WO F


Class 959 / Item 53 Marine Surveying Services

1752966405800ACUMEN ENTERPRISES, INC.

Wayne Boyter

PO BOX 673 DESOTO TX 75123-0673

[email protected]

972-572-0701 AI M

1453967706300

AMATERRA ENVIRONMENTAL, INC.

Jill S. Madden

4009 BANISTER LN SUITE 300 AUSTIN TX 78704-6853

[email protected]

512-329-0031 WO F

1742569812700

DERRICK CONSTRUCTION COMPANY, INC.

VP/Roy M Johnson

PO BOX 1046 ROCKPORT TX 78381-1046

[email protected]

361-729-2423 WO F

1760375630900

IVY ROD, INC. DBA FRONTIER SURVEYING CO.

Pres.-CEO/Ivy Young

710 BUFFALO ST SUITE 700


[email protected]

361-881-8044 WO F

1201368188200

JAKECO CONSTRUCTION, INC. Nicole

347 ROSE MEADOW DR LA VERNIA TX 78121-4764 [email protected]

210-745-1302 WO F

1752739090400

MARSHALL LANCASTER & ASSOCIATES, INC.

Marshall Lancaster, Marketing & Bus. Develop

1864 NORWOOD DR SUITE E HURST TX 76054-3755

[email protected]

817-268-8000 WO F

TEXAS GENERAL LAND OFFICE/VETERANS LAND BOARD CONTRACTOR'S

Construction Services, Suite 700 QualificationsTexas General Land Office

1700 N. Congress Ave.

Austin, Texas 78701 GLO/VLB PROJECT NO.

Phone: (512) 936-2239 FAX: (512) 475-0675

TAX PAYER ID NO.

Name of Firm and address with zip code on the above lines.

Corporation Partnership Individual

Date Area Code and Telephone

Fax Number

CONSTRUCTION CAPABILITIES General Electrical Plumbing

HVAC Fire Sprinkler Coastal 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. Date

President's Name Vice President's Name

Secretary's Name Treasurer's Name

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 Owner E-mail A/E E-mail Contract Percent Scheduled

or Sub.? Address Address Amount Complete Completion

COMPLETED PROJECTS

Municipal, State and Federal Projects:

Project Prime Owner E-mail A/E E-mail Contract Scheduled Actual

or Sub.? Address Address Amount Comp. Date Comp. Date

Other 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):

INDIVIDUAL EXPERIENCE

List the construction experience of the principal individuals of your organization:

Name Present Position Years of Typical $ Type of Work

or Office Experience Amount Responsible for

EQUIPMENT

List the major equipment owned by the Firm:

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 day of

Notary Public in and for County, State My Commission expires

MAXIMUM BONDING CAPACITY:

GLO Competitive Sealed Proposal – Page 1 of 3

CONTRACTOR'S PROPOSAL FORM

1. Proposing Firm's Name: _________________________________________________ Address _________________________________________________ City, State, Zip: _________________________________________________

2. Project Number: CEPRA Project No. 1596

Project Title: Virginia Point Wetland Protection Project

Owner: Scenic Galveston, Inc.

Project Location: Galveston County, Texas

Having carefully examined the RFP, solicitation documents, drawings and specifications for the referenced project, as prepared by AECOM, 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.

1. BASE PRICE:

Item Description Quantity Unit Price3 Extended Price

(1) Price for Mobilization and Demobilization shall not exceed 10% of the Total Base Bid price. (2) Breakwater construction and breakwater sill construction includes all costs associated with the toe protection stone, riprap stone, and stone used for the Stone Sill, as well as any other subsidiary items utilized in the construction of the breakwater structures. (3) Unit prices are for fully installed items and indicate all costs of the material, supervision, labor, profit, overhead, and subsidiary costs.

________________________________________________________________________ Dollars

(Words)

1.0 Contractor Mobilization and Demobilization1 1 LS $ $

2.0 Breakwater “A” Construction2 950 LF $ $

3.0 Breakwater “B” Construction2 5035 LF $ $

4.0 Sill Construction2 765 LF $ $

5.0 Pre and Post Construction Surveying 1 LS $ $

6.0 Acceptance Aerial Photo 1 LS $ $

7.0 Miscellaneous Items (Any and all Items not 1 LS $ $

included or subsidiary to the Base Bid Items which are necessary to successfully complete scope of work.)

TOTAL BASE – $ (Sum of Items within 1.0 through 6.0)


2. OPTIONAL ADDITIVE 1 – REVETMENT Item Description Quantity Unit Price

3 Extended Price

(4) Revetment construction includes all costs associated with the toe protection stone, riprap stone and geotextile, as well as any other subsidiary items utilized in the construction of the revetment structures.

________________________________________________________________________ Dollars

(Words)

Note: Respondent will be required to provide material, labor and applicable sales tax breakdown on all prices prior to award. Base 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 date of a Notice to Proceed. Base Time ___________________ calendar days Additive Time: The Respondent, by the signature of their authorized representative, further agrees that, if awarded the contract including one or more of the following price additives, the work will be substantially complete in the following additional or fewer calendar day time than the Base Time (Note: Fill in only those days added to or deducted from Base Time). Additive #1 added/deducted (circle one) ___________________ calendar days from Base Time

1.0 Revetment Construction4 355 LF $ $

2.0 Pre and Post Construction Surveying 1 LS $ $

3.0 Miscellaneous Items (Any and all Items not 1 LS $ $

included or subsidiary to the Optional Additive 1 Items which are necessary to successfully complete scope of work.)

TOTAL ADDITIVE 1 – $

(Sum of Items within 1.0 through 3.0)


ADDENDA: Respondent acknowledges receipt of the following Addenda: Number Dated: 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.

Subcontractor 1 _______________________________________ City: _____________________ Subcontractor 2 _______________________________________ City: _____________________ Other exceeding 15% of the total price: _______________________________________ 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.

Revised April 1999

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 the of, on behalf of said bidder. Notary Public in and for the State of Texas My commission expires:

CERTIFICATE HOLDER

© 1988-2010 ACORD CORPORATION. All rights reserved.

ACORD 25 (2010/05)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

LOCJECTPRO-

POLICY

GEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY

GENERAL LIABILITY

PREMISES (Ea occurrence) $DAMAGE TO RENTEDEACH OCCURRENCE $

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GENERAL AGGREGATE $

PRODUCTS - COMP/OP AGG $

$RETENTIONDED

CLAIMS-MADE

OCCUR

$

AGGREGATE $

EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)

INSRLTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF(MM/DD/YYYY)

POLICY EXP(MM/DD/YYYY) LIMITS

WC STATU-TORY LIMITS

OTH-ER

E.L. EACH ACCIDENT

E.L. DISEASE - EA EMPLOYEE

E.L. DISEASE - POLICY LIMIT

$

$

$

ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICE/MEMBER EXCLUDED?(Mandatory in NH)If yes, describe underDESCRIPTION OF OPERATIONS below

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOSNON-OWNED

AUTOS AUTOS

AUTOS

COMBINED SINGLE LIMIT

BODILY INJURY (Per person)

BODILY INJURY (Per accident)

PROPERTY DAMAGE $

$

$

$

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSRADDL

WVDSUBR

N / A

$

$

(Ea accident)

(Per accident)

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to theterms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to thecertificate holder in lieu of such endorsement(s).

The ACORD name and logo are registered marks of ACORD

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED

PHONE(A/C, No, Ext):

PRODUCER

ADDRESS:E-MAIL

FAX(A/C, No):

CONTACTNAME:

NAIC #

INSURER A :

INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

Uniform General Conditions for

Construction Contracts

Table of Contents

Article 1. Definitions ..................................................................................................................................... 3

Article 2. Wage Rates and Other Laws Governing Construction .................................................................. 7

Article 3. General Responsibilities of Owner and Contractor ..................................................................... 10

Article 4. Historically Underutilized Business (HUB) Subcontracting Plan ................................................ 18

Article 5. Bonds and Insurance .................................................................................................................... 20

Article 6. Construction Documents, Coordination Documents, and Record Documents ............................ 27

Article 7. Construction Safety ..................................................................................................................... 29

Article 8. Quality Control ............................................................................................................................ 31

Article 9. Construction Schedules................................................................................................................ 37

Article 10. Payments .................................................................................................................................... 42

Article 11. Changes ..................................................................................................................................... 47

Article 12. Project Completion and Acceptance .......................................................................................... 51

Article 13. Warranty and Guarantee ............................................................................................................ 56

Article 14. Suspension and Termination ...................................................................................................... 58

Article 15. Dispute Resolution ..................................................................................................................... 61

Article 16. Miscellaneous ............................................................................................................................ 62

2015 Uniform General Conditions

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Article 1. Definitions

Unless the context clearly requires another meaning, the following terms have the meaning assigned herein.

1.1 Addendum/Addenda means formally issued written or graphic modifications and/or

interpretations of the Construction Documents that may add to, delete from, clarify or correct the description and/or scope of the Work. Addenda are issued during the bidding phase of the project.

1.2 Application for Payment means Contractor’s monthly partial invoice for payment that includes any portion of the Work that has been completed for which an invoice has not been submitted and performed in accordance with the requirements of the Contract Documents. The Application for Payment accurately reflects the progress of the Work, is itemized based on the Schedule of Values, bears the notarized signature of Contractor, and shall not include subcontracted items for which Contractor does not intend to pay.

1.3 Application for Final Payment means Contractor’s final invoice for payment that

includes any portion of the Work that has been completed for which an invoice has not been submitted, amounts owing to adjustments to the final Contract Sum resulting from approved change orders, and release of remaining Contractor’s retainage.

1.4 Architect/Engineer (A/E) means a person registered as an architect pursuant to Tex.

Occ. Code Ann., Ch. 1051, as a landscape architect pursuant to Tex. Occ. Code Ann., Ch. 1052, a person licensed as a professional engineer pursuant Tex. Occ. Code Ann., Ch. 1001, and/or a firm employed by Owner or Design-Build Contractor to provide professional architectural or engineering services and to exercise overall responsibility for the design of a Project or a significant portion thereof, and to perform the contract administration responsibilities set forth in the Contract.

1.5 Authority Having Jurisdiction means a federal, state, local, or other regional

department, or an individual such as a fire marshal, building official, electrical inspector, utility provider or other individual having statutory authority.

1.6 Baseline Schedule means the initial time schedule prepared by Contractor for

Owner’s information and acceptance that conveys Contractor’s and Subcontractors’ activities (including coordination and review activities required in the Contract Documents to be performed by A/E and ODR), durations, and sequence of work related to the entire Project to the extent required by the Contract Documents. The schedule clearly demonstrates the critical path of activities, durations and necessary predecessor conditions that drive the end date of the schedule. The Baseline Schedule shall not exceed the time limit current under the Contract Documents.

1.7 Certificate of Final Completion means the certificate issued by A/E that documents,

to the best of A/E’s knowledge and understanding, Contractor’s completion of all


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Contractor’s Punchlist items and pre-final Punchlist items, final cleanup and Contractor’s provision of Record Documents, operations and maintenance manuals, and all other closeout documents required by the Contract Documents.

1.8 Certificate of Substantial Completion means the certificate executed by the A/E, ODR

and Contractor that documents to the best of A/E’s and ODR’s knowledge and understanding, Contractor’s sufficient completion of the work in accordance with the Contract, so as to be operational and fit for the use intended.

1.9 Change Order means a written modification of the Contract between Owner and

Contractor, signed by Owner, Contractor, and A/E.

1.10 Close-out Documents mean the product brochures, submittals, product/equipment maintenance and operations instructions, manuals, and other documents/warranties, record documents, affidavit of payment, release of lien and claim, and as may be further defined, identified, and required by the Contract Documents.

1.11 Contract means the entire agreement between Owner and Contractor, including all of

the Contract Documents.

1.12 Contract Date is the date when the agreement between Owner and Contractor becomes effective.

1.13 Contract Documents mean those documents identified as a component of the

agreement (Contract) between Owner and Contractor. These may include, but are not limited to, Drawings; Specifications; General, Supplementary General, and Special Conditions; and all pre-bid and/or pre-proposal addenda.

1.14 Contract Sum means the total compensation payable to Contractor for completion of

the Work in accordance with the terms of the Contract.

1.15 Contract Time means the period between the start date identified in the Notice to Proceed with construction and the Substantial Completion date identified in the Notice to Proceed or as subsequently amended by a Change Order.

1.16 Contractor means the individual, corporation, limited liability company, partnership,

firm, or other entity contracted to perform the Work, regardless of the type of construction contract used, so that the term as used herein includes a Construction Manager-at-Risk or a Design-Build firm as well as a general or prime Contractor. The Contract Documents refer to Contractor as if singular in number.

1.17 Construction Documents mean the Drawings, Specifications, and other documents

issued to build the Project. Construction Documents become part of the Contract Documents when listed in the Contract or any Change Order.

1.18 Construction Manager-at-Risk, in accordance with Tex. Gov’t Code, Ch. 2166,

means a sole proprietorship, partnership, corporation, or other legal entity that assumes the risk for construction, rehabilitation, alteration, or repair of a facility at the


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contracted price as a general contractor and provides consultation to Owner regarding construction during and after the design of the facility.

1.19 Date of Commencement means the date designated in the Notice to Proceed for

Contractor to commence the Work.

1.20 Day means a calendar day unless otherwise specifically stipulated.

1.21 Design-Build means a project delivery method in which the detailed design and subsequent construction is provided through a single contract with a Design-Build firm; a team, partnership, or legal entity that includes design professionals and a builder. The Design-Build Project delivery shall be implemented in accordance with Tex. Gov’t Code § 2166.2531.

1.22 Drawings mean that product of A/E which graphically depicts the Work.

1.23 Final Completion means the date determined and certified by A/E and Owner on

which the Work is fully and satisfactorily complete in accordance with the Contract.

1.24 Final Payment means the last and final monetary compensation made to Contractor for any portion of the Work that has been completed and accepted for which payment has not been made, amounts owing to adjustments to the final Contract Sum resulting from approved change orders, and release of Contractor’s retainage.

1.25 Historically Underutilized Business (HUB) pursuant to Tex. Gov’t Code, Ch.

2161, means a business that is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American and/or an American Woman; is an entity with its principal place of business in Texas; and has an owner residing in Texas with proportionate interest that actively participates in the control, operations, and management of the entity’s affairs.

1.26 Notice to Proceed means written document informing Contractor of the dates

beginning Work and the dates anticipated for Substantial Completion.

1.27 Open Item List means a list of work activities, Punchlist items, changes or other issues that are not expected by Owner and Contractor to be complete prior to Substantial Completion.

1.28 Owner means the State of Texas, and any agency of the State of Texas, acting

through the responsible entity of the State of Texas identified in the Contract as Owner.

1.29 Owner’s Designated Representative (ODR) means the individual assigned by Owner

to act on its behalf and to undertake certain activities as specifically outlined in the Contract. ODR is the only party authorized to direct changes to the scope, cost, or time of the Contract.


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1.30 Project means all activities necessary for realization of the Work. This includes design, contract award(s), execution of the Work itself, and fulfillment of all Contract and warranty obligations.

1.31 Progress Assessment Report (PAR) means the monthly compliance report to Owner

verifying compliance with the HUB subcontracting plan (HSP).

1.32 Proposed Change Order (PCO) means a document that informs Contractor of a proposed change in the Work and appropriately describes or otherwise documents such change including Contractor’s response of pricing for the proposed change.

1.33 Punchlist means a list of items of Work to be completed or corrected by Contractor

after Substantial Completion. Punchlists indicate items to be finished, remaining Work to be performed, or Work that does not meet quality or quantity requirements as required in the Contract Documents.

1.34 Record Documents mean the drawing set, Specifications, and other materials

maintained by Contractor that documents all addenda, Architect’s Supplemental Instructions, Change Orders and postings and markings that record the as-constructed conditions of the Work and all changes made during construction.

1.35 Request for Information (RFI) means a written request by Contractor directed to A/E

or ODR for a clarification of the information provided in the Contract Documents or for direction concerning information necessary to perform the Work that may be omitted from the Contract Documents.

1.36 Samples mean representative physical examples of materials, equipment, or

workmanship used to confirm compliance with requirements and/or to establish standards for use in execution of the Work.

1.37 Schedule of Values means the detailed breakdown of the cost of the materials, labor,

and equipment necessary to accomplish the Work as described in the Contract Documents, submitted by Contractor for approval by Owner and A/E.

1.38 Shop Drawings mean the drawings, diagrams, illustrations, schedules, performance

charts, brochures, and other data prepared by Contractor or its agents which detail a portion of the Work.

1.39 Site means the geographical area of the location of the Work.

1.40 Special Conditions mean the documents containing terms and conditions which may

be unique to the Project. Special Conditions are a part of the Contract Documents and have precedence over the Uniform General Conditions and Supplementary General Conditions.

1.41 Specifications mean the written product of A/E that establishes the quality and/or

performance of products utilized in the Work and processes to be used, including testing and verification for producing the Work.


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1.42 Subcontractor means a business entity that enters into an agreement with Contractor to perform part of the Work or to provide services, materials, or equipment for use in the Work.

1.43 Submittal Register means a list provided by Contractor of all items to be furnished for

review and approval by A/E and Owner and as identified in the Contract Documents including anticipated sequence and submittal dates.

1.44 Substantial Completion means the date determined and certified by Contractor, A/E,

and Owner when the Work, or a designated portion thereof, is sufficiently complete, in accordance with the Contract, so as to be operational and fit for the use intended.

1.45 Supplementary General Conditions mean procedures and requirements that modify

the Uniform General Conditions. Supplementary General Conditions, when used, have precedence over the Uniform General Conditions.

1.46 Unit Price Work means the Work, or a portion of the Work, paid for based on

incremental units of measurement.

1.47 Unilateral Change Order (ULCO) means a Change Order issued by Owner without the complete agreement of Contractor, as to cost and/or time.

1.48 Work means the administration, procurement, materials, equipment, construction and

all services necessary for Contractor, and/or its agents, to fulfill Contractor’s obligations under the Contract.

1.49 Work Progress Schedule means the continually updated time schedule prepared and

monitored by Contractor that accurately indicates all necessary appropriate revisions as required by the conditions of the Work and the Project while maintaining a concise comparison to the Baseline Schedule.

Article 2. Wage Rates and Other Laws Governing Construction

2.1 Environmental Regulations. Contractor shall conduct activities in compliance with

applicable laws and regulations and other requirements of the Contract relating to the environment and its protection at all times. Unless otherwise specifically determined, Owner is responsible for obtaining and maintaining permits related to stormwater run-off. Contractor shall conduct operations consistent with stormwater run-off permit conditions. Contractor is responsible for all items it brings to the Site, including hazardous materials, and all such items brought to the Site by its Subcontractors and suppliers, or by other entities subject to direction of Contractor. Contractor shall not incorporate hazardous materials into the Work without prior approval of Owner, and shall provide an affidavit attesting to such in association with request for Substantial Completion inspection.

2.2 Wage Rates. Contractor shall not pay less than the wage scale of the various classes

of labor as shown on the prevailing wage schedule provided by Owner in the bid or proposal specifications. The specified wage rates are minimum rates only. Owner is


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not bound to pay 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 qualified labor adequate to perform the Work is available locally at the prevailing wage rates.

2.2.1 Notification to Workers. Contractor shall post the prevailing wage schedule

in a place conspicuous to all workers on the Project Site When requested by Owner, Contractor shall furnish evidence of compliance with the Texas Prevailing Wage Law and the addresses of all workers.

2.2.1.1 Pursuant to Tex. Gov’t Code § 2258.024, Contractor shall keep, on

site, true and accurate records showing the name and occupation of each worker employed by the Contractor or subcontractors and the actual per diem wages paid to each worker. The record shall be open to inspection by the ODR and their agents at all reasonable hours for the duration of the contract.

2.2.1.2 With each application for progress payment, Contractor shall make available upon request certified payroll records, including from subcontractors of any tier level, on Form WH-347 as promulgated by the U.S. Department of Labor, as may be revised from time to time and in unlocked and unprotected Excel format, along with copies of any and all Contract Documents between Contractor and any Subcontractors. Pursuant to Tex. Penal Code §§ 37.02 and 37.10, Employees of Contractor and subcontractors, including all tier levels, shall be subject to prosecution for submitting certified payroll records that contain materially false information.

2.2.1.3 The prevailing wage schedule is determined by Owner in compliance

with Tex. Gov’t Code, Ch. 2258. Should Contractor at any time become aware that a particular skill or trade not reflected on Owner’s prevailing wage schedule will be or is being employed in the Work, whether by Contractor or by Subcontractor, Contractor shall promptly inform ODR of the proposed wage to be paid for the skill along with a justification for same and ODR shall promptly concur with or reject the proposed wage and classification.

2.2.1.4 Contractor is responsible for determining the most appropriate wage for a particular skill in relation to similar skills or trades identified on the prevailing wage schedule. In no case, shall any worker be paid less than the wage indicated for laborers.

2.2.1.5 Pursuant to Tex. Labor Code § 214.008, Misclassification of Workers; Penalty. The Owner requires Contractor and all subcontractors properly classify individuals as Employees or Independent Contractors.


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2.2.2 Penalty for Violation. Contractor, and any Subcontractor, will pay to the State a penalty of sixty dollars ($60) for each worker employed for each day, or portion thereof, that the worker is paid less than the wage rates stipulated in the prevailing wage schedule

2.2.3 Complaints of Violations.

2.2.3.1 Owner’s Determination of Good Cause. Upon receipt of information concerning a violation, Owner will conduct an investigation in accordance with Tex. Gov’t Code, Ch. 2258 and make an initial determination as to whether good cause exists that a violation occurred. Upon making a good cause finding, Owner will 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 in accordance with Tex. Gov’t Code § 2258.023, such amounts being subtracted from successive progress payments pending a final decision on the violation.

2.2.3.2 No Extension of Time. If Owner’s determination proves valid that

good cause existed to believe a violation had occurred, Contractor is not entitled to an extension of time for any delay arising directly or indirectly from the arbitration procedures.

2.2.3.3 Cooperation with Owner’s Investigation. Contractor shall

cooperate with Owner during any investigations hereunder. Such cooperation shall include, but not necessarily be limited to, timely providing the information and/or documentation requested by Owner, which may include certified payroll records on Form WH-347 as promulgated by the U.S. Department of Labor, as may be revised from time to time and in unlocked and unprotected Excel format; and copies of any and all Contract Documents between Contractor and any Subcontractors.

2.2.3.4 Notification to Owner. In the event Contractor or Subcontractor

elect to appeal an initial determination made pursuant to Paragraph 2.2.3.1, the Contractor and/or Subcontractor, as applicable, shall deliver notice thereof to Owner.

2.3 Venue for Suits. The venue for any suit arising from the Contract will be in a court

of competent jurisdiction in Travis County, Texas, or as may otherwise be designated in the Supplementary General Conditions.

2.4 Licensing of Trades. Contractor shall comply with all applicable provisions of

State law related to license requirements for skilled tradesmen, contractors, suppliers and or laborers, as necessary to accomplish the Work. In the event Contractor, or one of its Subcontractors, loses its license during the term of performance of the Contract, Contractor shall promptly hire or contract with a licensed provider of the service at no additional cost to Owner.


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2.5 Royalties, Patents, and Copyrights. Contractor shall pay all royalties and license fees, defend suits or claims for infringement of copyrights and patent rights, and shall hold Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by Owner or A/E. However, if Contractor has reason to believe that the required design, process, or product is an infringement of a copyright or a patent, Contractor shall be responsible for such loss unless such information is promptly furnished to A/E.

2.6 State Sales and Use Taxes. Owner qualifies for exemption from certain State and

local sales and use taxes pursuant to the provisions of Tex. Tax Code, Ch. 151. Upon request from Contractor, Owner shall furnish evidence of tax exempt status. Contractor may claim exemption from payment of certain applicable State taxes by complying with such procedures as prescribed by the State Comptroller of Public Accounts. Owner acknowledges not all items qualify for exemption. Owner is not obligated to reimburse Contractor for taxes paid on items that qualify for tax exemption.

Article 3. General Responsibilities of Owner and Contractor

3.1 Owner’s General Responsibilities. Owner is the entity identified as such in the

Contract and referred to throughout the Contract Documents as if singular in number.

3.1.1 Preconstruction Conference. Prior to, or concurrent with, the issuance of Notice to Proceed with construction, a conference will be convened for attendance by Owner, Contractor, A/E and appropriate Subcontractors. The purpose of the conference is 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. Topics include communications, schedules, procedures for handling Shop 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 between the Project team members.

3.1.2 Owner’s Designated Representative. Prior to the start of construction, Owner

will identify Owner’s Designated Representative (ODR), who has the express authority to act and bind Owner to the extent and for the purposes described in the various Articles of the Contract, including responsibilities for general administration of the Contract.

3.1.2.1 Unless otherwise specifically defined elsewhere in the Contract

Documents, ODR is the single point of contact between Owner and Contractor. Notice to ODR, unless otherwise noted, constitutes notice to Owner under the Contract.


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3.1.2.2 All directives on behalf of Owner will be conveyed to Contractor and A/E by ODR in writing.

3.1.2.3 Owner will furnish or cause to be furnished, free of charge, the

number of complete sets of the Drawings, Specifications, and addenda as provided in the Supplementary General Conditions or Special Conditions.

3.1.2.4 The ODR will establish the protocol for planning, scheduling and

documenting progress meetings with provisions for absence of various project team members that have a key role in these duties.

3.1.3 Owner Supplied Materials and Information.

3.1.3.1 Owner will furnish to Contractor those surveys describing the physical characteristics, legal description, limitations of the Site, Site utility locations, and other information used in the preparation of the Contract Documents.

3.1.3.2 Owner will provide information, equipment, or services under

Owner’s control to Contractor with reasonable promptness.

3.1.4 Availability of Lands. Owner will furnish, as indicated in the Contract, all required rights to use the lands upon which the Work occurs. This includes rights-of-way and easements for access and such other lands that are designated for use by Contractor. Contractor shall comply with all Owner identified encumbrances or restrictions specifically related to use of lands so furnished. Owner will obtain and pay for easements for permanent structures or permanent changes in existing facilities,

3.1.5 Limitation on Owner’s Duties.

3.1.5.1 Owner 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 is not responsible for any failure of Contractor to comply with laws and regulations applicable to the Work. Owner is not responsible for the failure of Contractor to perform or furnish the Work in accordance with the Contract Documents. Except as provided in Section 2.5, Owner is not responsible for the acts or omissions of Contractor, or any of its Subcontractors, suppliers or of any other person or organization performing or furnishing any of the Work on behalf of Contractor.

3.1.5.2 Owner will not take any action in contravention of a design decision

made by A/E in preparation of the Contract Documents, when such actions are in conflict with statutes under which A/E is licensed for the protection of the public health and safety.


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3.2 Role of Architect/Engineer. Unless specified otherwise in the Contract between Owner and Contractor, A/E shall provide general administration services for Owner during the construction phase of the project. Written correspondence, requests for information, and Shop Drawings/submittals shall be directed to A/E for action. A/E has the authority to act on behalf of Owner to the extent provided in the Contract Documents, unless otherwise modified by written instrument, which will be furnished to Contractor by ODR, upon request.

3.2.1 Site Visits.

3.2.1.1 A/E will make visits to the Site at intervals as provided in the A/E’s Contract with Owner, to observe the progress and the quality of the various aspects of Contractor’s executed Work and report findings to Owner.

3.2.1.2 A/E has the authority to interpret Contract Documents and inspect

the Work for compliance and conformance with the Contract. Except as referenced in Paragraph 3.1.5.2, Owner retains the sole authority to accept or reject Work and issue direction for correction, removal, or replacement of Work.

3.2.2 Clarifications and Interpretations. It may be determined that clarifications or

interpretations of the Contract Documents are necessary. Upon direction by ODR, such clarifications or interpretations will be provided by A/E consistent with the intent of the Contract Documents. A/E will issue these clarifications with reasonable promptness to Contractor as A/E’s supplemental instruction (“ASI”) or similar instrument. If Contractor believes that such clarification or interpretation justifies an adjustment in the Contract Sum or the Contract Time, Contractor shall so notify Owner in accordance with the provisions of Article 11.

3.2.3 Limitations on Architect/Engineer Authority. A/E is not responsible for:

3.2.3.1 Contractor’s means, methods, techniques, sequences, procedures,

safety, or programs incident to the Project, nor will A/E supervise, direct, control or have authority over the same;

3.2.3.2 The failure of Contractor to comply with laws and regulations

applicable to the furnishing or performing the Work;

3.2.3.3 Contractor’s failure to perform or furnish the Work in accordance with the Contract Documents; or

3.2.3.4 Acts or omissions of Contractor, or of any other person or

organization performing or furnishing any of the Work.

3.3 Contractor’s General Responsibilities. Contractor is solely responsible for implementing the Work in full compliance with all applicable laws and the Contract Documents and shall supervise and direct the Work using the best skill and attention


UGC 13

to assure that each element of the Work conforms to the Contract requirements. Contractor is solely responsible for all construction means, methods, techniques, safety, sequences, coordination, procedures and protection of the installed work as part of the contract until substantial completion of the project. Contractor remains responsible for the care and protection of materials and Work in the areas where punch list items are completed until Final Completion.

3.3.1 Project Administration. Contractor shall provide Project administration for all

Subcontractors, vendors, suppliers, and others involved in implementing the Work and shall coordinate administration efforts with those of A/E and ODR in accordance with these general conditions and other provisions of the Contract, and as outlined in the preconstruction conference. Contractor’s Project Administration includes periodic daily reporting on weather, work progress, labor, materials, equipment, obstructions to prosecution of the work, accidents and injuries in accordance with the Contract and transmitted no less frequently than on a weekly basis.

3.3.2 Contractor’s Management Personnel. Contractor shall employ a competent

person or persons who will be present at the Project Site during the progress of the Work to supervise or oversee the work. The competent persons are subject to the approval of ODR. Contractor shall not change approved staff during the course of the project without the written approval of ODR unless the staff member leaves the employment of Contractor. Contractor shall provide additional quality control, safety and other staff as stated in the Supplementary General Conditions.

3.3.3 Labor. Contractor shall provide competent, suitably qualified personnel to

survey, lay-out, and construct the Work as required by the Contract Documents and maintain good discipline and order at the Site at all times.

3.3.4 Services, Materials, and Equipment. Unless otherwise specified, 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, temporary facilities, and all other facilities, incidentals, and services necessary for the construction, performance, testing, start-up, inspection and completion of the Work.

3.3.5 Contractor General Responsibility. For Owner furnished equipment or

material that will be in the care, custody, and control of Contractor, Contractor is responsible for damage or loss. Owner shall deliver to Contractor a complete list and respective values of such materials or equipment and make an equitable adjustment to the contract amount for any increase in cost of Builder’s Risk insurance.

3.3.6 Non-Compliant Work. Should A/E and/or ODR identify Work as non-

compliant with the Contract Documents, A/E and/or ODR shall communicate the finding to Contractor, and Contractor shall correct such Work at no additional cost to the Owner. The approval of Work by either A/E or


UGC 14

ODR does not relieve Contractor from the obligation to comply with all requirements of the Contract Documents.

3.3.7 Subcontractors. Contractor shall not employ any Subcontractor, supplier or

other person or organization, whether initially or as a substitute, against whom Owner shall have reasonable objection. Owner will communicate such objections in writing within ten (10) days of receipt of Contractor’s intent to use such Subcontractor, supplier, or other person or organization. Contractor is not required to employ any Subcontractor, supplier or other person or organization to furnish any of the work to whom Contractor has reasonable objection. Contractor shall not substitute Subcontractors without the acceptance of Owner. Pursuant to Tex. Gov’t Code § 2269.256(b), if the Contractor reviews, evaluates and recommends that the Owner accept a bid or proposal from a Subcontractor but the Owner requires another bid or proposal to be accepted, Owner shall compensate the Contractor by a change in price, time or guaranteed maximum cost for any additional cost or risk the Contractor will incur because of Owner’s requirement to select another bid or proposal rather than the one recommended.

3.3.7.1 All Subcontracts and supply contracts shall be consistent with and

bind the Subcontractors and suppliers to the terms and conditions of the Contract Documents including provisions of the Contract between Contractor and Owner.

3.3.7.2 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. Require all Subcontractors, suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with Owner only through Contractor. Contractor shall furnish to Owner a copy, at Owner’s request, of each first-tier subcontract promptly after its execution. Contractor agrees that Owner has no obligation to review or approve the content of such contracts and that providing Owner such copies in no way relieves 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 Contractor in the same manner in which Contractor is bound to Owner.

3.3.8 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. Contractor shall not delay or postpone any Work because of pending unresolved disputes, disagreements or alternative resolution processes, except as Owner and Contractor may agree in writing.


UGC 15

3.3.9 Cleaning. 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. Contractor shall ensure that the entire Project is thoroughly cleaned prior to requesting Substantial Completion inspection and, again, upon completion of the Project prior to the final inspection.

3.3.10 Acts and Omissions of Contractor, its Subcontractors, and Employees.

Contractor shall be responsible for acts and omissions of his employees and all its Subcontractors, their agents and employees. Owner may, in writing, require Contractor to remove from the Project any of Contractor’s or its Subcontractor’s employees whom ODR finds to be careless, incompetent, unsafe, uncooperative, disruptive, or otherwise objectionable.

3.3.11 Acts or Omissions. Contractor shall indemnify and hold harmless the State of Texas and Customers, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES arising out of, or resulting from any acts or omissions of Contractor or its agents, employees, subcontractors, Order Fulfillers, or suppliers of subcontractors in the execution or performance of the Contract and any Purchase Orders issued under the Contract. THE DEFENSE SHALL BE COORDINATED BY CONTRACTOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND CONTRACTOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. CONTRACTOR AND OWNER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

3.3.12 Infringements. 3.3.12.1 Contractor shall indemnify and hold harmless the State of Texas and

Customers, AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES from any and all third party claims involving infringement of United States patents, copyrights, trade and service marks, and any other intellectual or intangible property rights in connection with the PERFORMANCES OR ACTIONS OF CONTRACTOR PURSUANT TO THIS CONTRACT. CONTRACTOR AND THE CUSTOMER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. CONTRACTOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS’ FEES. THE DEFENSE SHALL BE COORDINATED BY CONTRACTOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN


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ANY LAWSUIT AND CONTRACTOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL.

3.3.12.2 Contractor shall have no liability under this section if the alleged infringement is caused in whole or in part by: (i) use of the product or service for a purpose or in a manner for which the product or service was not designed, (ii) any modification made to the product without Contractor’s written approval, (iii) any modifications made to the product by Contractor pursuant to Customer’s specific instructions, (iv) any intellectual property right owned by or licensed to Customer, or (v) any use of the product or service by Customer that is not in conformity with the terms of any applicable license agreement.

3.3.12.3 If Contractor becomes aware of an actual or potential claim, or Customer provides Contractor with notice of an actual or potential claim, Contractor may (or in the case of an injunction against Customer, shall), at Contractor’s sole option and expense; (i) procure for the Customer the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with functionally equivalent or superior product or service so that Customer’s use is non-infringing.

3.3.12.4 Taxes/Workers’ Compensation/Unemployment Insurance–Including Indemnity.

3.3.12.4.1 CONTRACTOR AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS CONTRACT, CONTRACTOR SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF CONTRACTOR’S AND CONTRACTOR’S EMPLOYEES’ TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS CONTRACT. CONTRACTOR AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. THE CUSTOMER AND/OR THE STATE SHALL NOT BE LIABLE TO CONTRACTOR, ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS’ COMPENSATION OR ANY BENEFIT


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AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF ANOTHER GOVERNMENTAL ENTITY CUSTOMER.

3.3.12.4.1 CONTRACTOR AGREES TO INDEMNIFY AND HOLD HARMLESS OWNER, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND/OR ASSIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEYS’ FEES, AND EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYMENT INSURANCE AND/OR WORKERS’ COMPENSATION IN ITS PERFORMANCE UNDER THIS CONTRACT. CONTRACTOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS’ FEES. THE DEFENSE SHALL BE COORDINATED BY CONTRACTOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND VENDOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. CONTRACTOR AND OWNER AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

3.3.12.5 The provisions of this indemnification 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.

3.3.12.6 Contractor shall promptly advise Owner in writing of any claim or

demand against Owner or against Contractor which involves Owner and known to Contractor and related to or arising out of Contractor’s activities under this Contract.

3.3.13 Ancillary Areas. Operate and maintain operations and associated storage

areas at the site of the Work in accordance with the following:

3.3.13.1 Confine all Contractor operations, including storage of materials and employee parking upon the Site of Work, to areas designated by Owner.


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3.3.13.2 Contractor may erect, at its own expense, temporary buildings that will remain its property. Remove such buildings and associated utility service lines upon completion of the Work, unless Contractor requests and Owner provides written consent that it may abandon such buildings and utilities in place.

3.3.13.3 Use only established roadways or construct and use such temporary

roadways as may be authorized by Owner. Do not allow load limits of vehicles to exceed the limits prescribed by appropriate regulations or law. Provide protection to road surfaces, curbs, sidewalks, trees, shrubbery, sprinkler systems, drainage structures and other like existing improvements to prevent damage and repair any damage thereto at the expense of Contractor.

3.3.13.4 Owner may restrict Contractor’s entry to the Site to specifically

assigned entrances and routes.

3.3.14 Separate Contracts. Owner reserves the right to award other contracts in connection with other portions of the Project under these same or substantially similar contract conditions, including those portions related to insurance and waiver of subrogation. Owner reserves the right to perform operations related to the Project with Owner’s own forces.

3.3.15 Under a system of separate contracts, the conditions described herein continue

to apply except as may be amended by change order.

3.3.16 Contractor shall cooperate with other contractors or forces employed on the Project by Owner, including providing access to Site and Project information as requested.

3.3.17 Owner shall be reimbursed by Contractor for costs incurred by Owner which

are payable to a separate contractor because of delays, improperly timed activities, or defective construction by Contractor. Owner will equitably adjust the Contract by Change Order for costs incurred by Contractor because of delays, improperly timed activities, damage to the Work or defective construction by a separate contractor.

Article 4. Historically Underutilized Business (HUB) Subcontracting Plan

4.1 General Description. The purpose of the Historically Underutilized Business

(HUB) program is to promote equal business opportunities for economically disadvantaged persons (as defined by Tex. Gov’t Code, Ch. 2161) to contract with the State of Texas in accordance with the goals specified in the State of Texas Disparity Study. The HUB program annual procurement utilization goals are defined in 34 T.A.C. § 20.13(b).

4.1.1 State agencies are required by statute to make a good faith effort to assist

HUBs in participating in contract awards issued by the State. 34 T.A.C. §


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20.13(b) outlines the State’s policy to encourage the utilization of HUBs in State contracting opportunities through race, ethnic and gender neutral means.

4.1.2 A Contractor who contracts with the State in an amount of $100,000 or greater

is required to make a good faith effort to award subcontracts to HUBs in accordance with 34 T.A.C. § 20.14(a)(2)(A) by submitting a HUB subcontracting plan within twenty-four (24) hours after the bid or response is due and complying with the HUB subcontracting plan after it is accepted by Owner and during the term of the Contract.

4.2 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:

4.2.1 Prior to adding or substituting a Subcontractor, promptly notify Owner in the

event a change is required for any reason to the accepted HUB subcontracting plan.

4.2.2 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.

4.2.3 Cooperate in the execution of a Change Order or such other approval of the

change in the HUB subcontracting plans as Contractor and Owner may agree to.

4.2.4 Maintain and make available to Owner upon request business records

documenting compliance with the accepted HUB subcontracting plan.

4.2.5 Upon receipt of payment for performance of Work, submit to Owner a compliance report, in the format required by Owner that demonstrates Contractor’s performance of the HUB subcontracting plan.

4.2.5.1 Progress Assessment Report (PAR): monthly compliance reports to

Owner (contracting agency), verifying their compliance with the HUB subcontracting plan, including the use/expenditures they have made to Subcontractors. (The PAR is available in the Index Forms Library on the Facilities Design & Construction page of the Texas Facilities Commission website.

4.2.6 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 34 T.A.C. § 20.14(a)(1).

4.3 Failure to Demonstrate Good-Faith Effort. Upon a determination by Owner that

Contractor has failed to demonstrate a good-faith effort to fulfill the HUB subcontracting plan or any Contract covenant detailed above, Owner may, in addition to all other remedies available to it, report the failure to perform to the Comptroller of


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Public Accounts, Texas Procurement and Support Services Division, Historically Underutilized Business Program and may bar Contractor from future contracting opportunities with Owner.

Article 5. Bonds and Insurance

5.1 Construction Bonds. Contractor is required to tender to Owner, prior to commencing the Work, performance and payment bonds, as required by Tex. Gov’t Code, Ch. 2253. On Construction Manager-at-Risk and Design-Build Projects the Owner shall require a security bond, as described in Subsection 5.1.2 below.

5.1.1 Bond Requirements. Each bond shall be executed by a corporate surety

or sureties authorized to do business in the State of Texas and acceptable to Owner, on Owner’s form, and in compliance with the relevant provisions of the Texas Insurance Code. If any bond is for more than ten (10) percent of the surety’s capital and surplus, Owner may require certification that the company has reinsured the excess portion with one or more reinsurers authorized 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, Contractor shall, within thirty (30) days after such loss, furnish a replacement bond at no added cost to Owner.

5.1.1.1 A Performance bond is required if the Contract Sum is in excess of

$100,000. The performance bond is solely for the protection of Owner. The performance bond is to be for the Contract Sum to guarantee the faithful performance of the Work in accordance with the Contract Documents. The form of the bond shall be approved by the Office of the Attorney General of Texas. The performance bond shall be effective through Contractor’s warranty period.

5.1.1.2 A Payment bond is required if the Contract price is in excess of

$25,000. The payment bond is to be for the Contract Sum and is payable to Owner solely for the protection and use of payment bond beneficiaries. The form of the bond shall be approved by the Office of the Attorney General of Texas.

5.1.2 Security Bond. The security bond provides protection to Owner if

Contractor presents an acceptable guaranteed maximum price (“GMP”) to Owner and 1) fails to execute the GMP; or 2) fails to deliver the required payment and performance bonds within the time period stated below.

5.1.3 When Bonds Are Due.

5.1.3.1 Security bonds are due within ten (10) days of signing a Construction Manager-at-Risk or Design-Build Contract.


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5.1.3.2 Payment and performance bonds are due within ten (10) days of Contractor’s receipt of a fully executed GMP on a Construction Manager-at-Risk project or the Contract Sum for a Design-Build project, or within ten (10) days of Contractor’s receipt of a fully executed Contract on competitively bid or competitive sealed proposal projects.

5.1.4 Power of Attorney. Each bond shall be accompanied by a valid power of

attorney (issued by the surety company and attached, signed and sealed with the corporate embossed 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.

5.1.5 Bond Indemnification. The process of requiring and accepting bonds and

making claims there under shall be conducted in compliance with Tex. Gov’t Code, Ch. 2253. IF FOR ANY REASON A STATUTORY PAYMENT OR PERFORMANCE BOND IS NOT HONORED BY THE SURETY, CONTRACTOR SHALL FULLY INDEMNIFY AND HOLD OWNER HARMLESS OF AND FROM ANY COSTS, LOSSES, OBLIGATIONS OR LIABILITIES IT INCURS AS A RESULT.

5.1.6 Furnishing Bond Information. Owner shall furnish certified copies of the

payment bond and the related Contract to any qualified person seeking copies who complies with Tex. Gov’t Code § 2253.026.

5.1.7 Claims on Payment Bonds. Claims on payment bonds must be sent directly

to Contractor and his surety in accordance with Tex. Gov’t Code § 2253.041. All payment bond claimants are cautioned that no lien exists on the funds unpaid to Contractor on such Contract, and that reliance on notices sent to Owner may result in loss of their rights against Contractor and/or his surety. 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.

5.1.8 Payment Claims when Payment Bond not Required. The rights of

Subcontractors regarding payment are governed by Tex. Prop. Code §§ 53.231 – 53.239 when the value of the Contract between Owner and Contractor is less than $25,000.00. These provisions set out the requirements for filing a valid lien on funds unpaid to Contractor as of the time of filing the claim, actions necessary to release the lien and satisfaction of such claim.

5.1.9 Sureties. A surety shall be listed on the US Department of the Treasury’s

Listing of Approved Sureties maintained by the Bureau of Financial Management Service (FMS), www.fms.treas.gov/c570, stating companies holding Certificates of Authority as acceptable sureties on Federal bonds and acceptable reinsuring companies (FMS Circular 570).

http://www.fms.treas.gov/c570


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5.2 Insurance Requirements. Contractor shall carry insurance in the types and amounts indicated in this Article for the duration of the Contract. The insurance shall be evidenced by delivery to Owner of certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Upon request, Owner, and/or its agents, shall be entitled to receive without expense, copies of the policies and all endorsements. Contractor shall update all expired policies prior to submission for monthly payment. Failure to update policies shall be reason for withholding of payment until renewal is provided to Owner.

5.2.1 Contractor shall provide and maintain all insurance coverage with the

minimum amounts described below until the end of the warranty period unless otherwise stated in Supplementary General Conditions or Special Conditions. Failure to maintain insurance coverage, as required, is grounds for suspension of Work for cause pursuant to Article 14.

5.2.2 Contractor shall deliver to Owner true and complete copies of certificates and

corresponding policy endorsements prior to the issuance of any Notice to Proceed.

5.2.3 Failure of Owner to demand such certificates or other evidence of Contractor's

full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor's obligation to maintain such insurance.

5.2.4 The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents.

5.2.5 The insurance coverage and limits established herein shall not be interpreted

as any representation or warranty that the insurance coverage and limits necessarily will be adequate to protect Contractor.

5.2.6 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 similar rating company or otherwise acceptable to Owner.

5.2.2.1 Insurance Coverage Required.

5.2.2.1.1 Workers’ Compensation. Insurance with limits as required by the Texas Workers’ Compensation Act, with the policy endorsed to provide a waiver of subrogation in favor of Owner, employer’s liability insurance of not less than:

$1,000,000 each accident;


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$1,000,000 disease each employee; and

$1,000,000 disease policy limit.

5.2.2.1.2 Commercial General Liability Insurance. Including premises, operations, independent contractor’s liability, products and completed operations and contractual liability, covering, but not limited to, the liability assumed under the indemnification provisions of this Contract, fully insuring Contractor’s liability for bodily injury (including death) and property damage with a minimum limit of:

$1,000,000 per occurrence;

$2,000,000 general aggregate; $5,000 Medical Expense each person; $1,000,000 Personal Injury and Advertising Liability;

$2,000,000 products and completed operations aggregate; $50,000 Damage to Premises Rented to You; and Coverage shall be on an “occurrence” basis.

The policy shall include coverage extended to apply to completed operations and explosion, collapse, and underground hazards. The policy shall include endorsement CG2503 Amendment of Aggregate Limits of Insurance (per Project) or its equivalent.

If the Work involves any activities within fifty (50) feet of any railroad, railroad protective insurance as may be required by the affected railroad, written for not less than the limits required by such railroad.

5.2.2.1.3 Asbestos Abatement Liability Insurance, including

coverage for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos containing materials. *This requirement applies if the Work or the Project includes asbestos containing materials.

The combined single limit for bodily injury and property damage will be a minimum of $1,000,000 per occurrence.


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*Specific requirement for claims-made form: Required period of coverage will be determined by the following formula: continuous coverage for life of the Contract, plus one (1) year (to provide coverage for the warranty period), and an extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period.

Employer’s liability limits for asbestos abatement will be:

$500,000 each accident;

$500,000 disease each employee; and

$500,000 disease policy limit.

If this Contract is for asbestos abatement only, the Special Form builder’s risk or Special Form installation floater (e) is not required.

5.2.2.1.4 Comprehensive Automobile Liability Insurance, covering

owned, hired, and non-owned vehicles, with a minimum combined single limit for bodily injury (including death) and property damage of $1,000,000 per accident. No aggregate shall be permitted for this type of coverage.

Such insurance is to include coverage for loading and unloading hazards.

5.2.2.1.5 Special Form Builder’s Risk Insurance, if applicable (or

Special Form installation floater for instances in which the project involves solely the installation of material and/or equipment). Coverage shall be Special Form, including, but not limited to, fire, extended coverage, vandalism and malicious mischief, theft and, if applicable, flood, earth movement and named storm. Builder’s risk and installation floater limits shall be equal to 100 percent of the Contract Sum plus, if any, existing property and Owner-furnished equipment specified by Owner. The policy shall be written jointly in the names of Owner and Contractor. Subcontractors shall be named as additional insureds. The policy shall have endorsements as follows:

5.2.2.1.5.1 This insurance shall be specific as to

coverage and not contributing insurance with any permanent insurance maintained on the property.


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5.2.2.1.5.2 This insurance shall not contain an occupancy clause suspending or reducing coverage should Owner partially occupy the Site and before the parties have determined Substantial Completion.

5.2.2.1.5.3 Loss, if any, shall be adjusted with and made

payable to Owner as trustee for the insureds as their interests may appear. Owner shall be named as loss payee.

5.2.2.1.5.4 For renovation projects or projects that

involve portions of Work contained within an existing structure, refer to Supplementary General and Special Conditions for possible additional builder’s risk insurance requirements.

5.2.2.1.5.5 For Owner furnished equipment or

materials that will be in care, custody or control of Contractor, Contractor will be responsible for damage and loss.

5.2.2.1.5.6 For those properties located within a Tier 1

or 2 windstorm area, named storm coverage must be provided with limits specified by Owner.

5.2.2.1.5.7 For those properties located in flood prone

areas, flood insurance coverage must be provided with limits specified by Owner.

5.2.2.1.5.8 Builder’s risk insurance policy shall remain

in effect until Substantial Completion.

5.2.2.1.6 “Umbrella” Liability Insurance. Contractor shall obtain, pay for and maintain umbrella liability insurance during the Contract term, insuring Contractor for an amount of not less than amount specified in the Supplementary General Conditions or Special Conditions that provides coverage at least as broad as and applies in excess and follows form of the primary liability coverages required hereinabove. The policy shall provide “drop down” coverage where underlying primary insurance coverage limits are insufficient or exhausted.


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5.2.3 Policies must include the following clauses, as applicable:

5.2.3.1 This insurance shall not be canceled, materially changed, or non- renewed except after thirty (30) days written notice has been given to Owner.

5.2.3.2 It is agreed that Contractor’s insurance shall be deemed primary with

respect to any insurance or self insurance carried by Owner for liability arising out of operations under the Contract with Owner.

5.2.3.3 Owner, its officials, directors, employees, representatives, and

volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured performed under Contract with Owner. The additional insured status must cover completed operations as well. This is not applicable to workers’ compensation policies.

5.2.3.4 A waiver of subrogation in favor of Owner shall be provided in all

policies.

5.2.4 Without limiting any of the other obligations or liabilities of Contractor, Contractor shall require each Subcontractor performing work under the Contract, at Subcontractor’s own expense, to maintain during the term of the Contract, the same stipulated minimum insurance including the required provisions and additional policy conditions as shown above. As an alternative, Contractor may include its Subcontractors as additional insureds on its own coverage as prescribed under these requirements. Contractor’s certificate of insurance shall note in such event that Subcontractors are included as additional insureds and that Contractor agrees to provide workers’ compensation for Subcontractors and their employees. Contractor shall obtain and monitor the certificates of insurance from each Subcontractor in order to assure compliance with the insurance requirements. Contractor must retain the certificates of insurance for the duration of the Contract plus five (5) years and shall have the responsibility of enforcing these insurance requirements among its Subcontractors. Owner shall be entitled, upon request and without expense, to receive copies of these certificates.

5.2.5 Workers’ compensation insurance coverage must be provided for a l l

workers a t a l l t i e r l evels and meet the statutory requirements of Tex. Lab. Code § 401.011(44) and specific to construction projects for public entities as required by Tex. Lab. Code § 406.096.


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Article 6. Construction Documents, Coordination Documents, and Record Documents

6.1 Drawings and Specifications.

6.1.1 Copies Furnished. Contractor will be furnished, free of charge, the number

of complete sets of the Drawings, Specifications, and Addenda 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 to the entity requesting such additional sets. Electronic copies of such documents will be provided to Contractor without charge.

6.1.2 Ownership of Drawings and Specifications. All Drawings, Specifications

and copies thereof furnished by A/E are to remain A/E’s property. These documents are not to be used on any other project, and with the exception of the Contract record set and electronic versions needed for warranty operations, are to be returned to the A/E, upon request, following completion of the Work.

6.1.3 Interrelation of Documents. The Contract Documents as referenced in the

Contract between Owner and Contractor are complimentary, and what is required by one shall be as binding as if required by all.

6.1.4 Resolution of Conflicts in Documents. Where conflicts may exist within the

Contract Documents, the documents shall govern in the following order: (a) Change Orders, addenda, and written amendments to the Contract; (b) the Contract; (c) Drawings; (d) Specifications (but Specifications shall control over Drawings as to quality of materials and workmanship); and (e) other Contract Documents. Among categories of documents having the same order of precedence, the term or provision that includes the latest date shall control and more specific requirements shall govern over general requirements. Contractor shall notify A/E and ODR for resolution of the issue prior to executing the Work in question.

6.1.5 Contractor’s Dut y to Re view Contract Documen ts. 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, Contractor shall examine and compare the Contract Documents, information furnished by Owner, relevant field measurements made by Contractor and any visible or reasonably anticipated conditions at the Site affecting the Work. This duty extends throughout the construction phase prior to commencing each particular work activity and/or system installation.


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6.1.6 Discrepancies and Omissions in Drawings and Specifications.

6.1.6.1 Promptly report to ODR and to A/E the discovery of any apparent error, omission or inconsistency in the Contract Documents prior to execution of the Work.

6.1.6.2 It is recognized that Contractor is not acting in the capacity of a

licensed design professional, unless it is performing as a Design- Build firm.

6.1.6.3 It is further recognized that Contractor’s examination of Contract

Documents is to facilitate construction and does not create an affirmative responsibility to detect errors, omissions or inconsistencies or to ascertain compliance with applicable laws, building codes or regulations, unless it is performing as a Design- Build firm or a Construction Manager-at-Risk.

6.1.6.4 When performing as a Design-Build firm, Contractor has sole

responsibility for discrepancies, errors, and omissions in the Drawings and Specifications.

6.1.6.5 When performing as a Construction Manager-at-Risk, Contractor has

a shared responsibility with A/E for discovery and resolution of discrepancies, errors, and omissions in the Contract Documents. In such case, Contractor’s responsibility pertains to review, coordination, and recommendation of resolution strategies within budget constraints.

6.1.6.6 Contractor has no liability for errors, omissions, or inconsistencies

unless Contractor knowingly failed to report a recognized problem to Owner or the Work is executed under a Design-Build or Construction Manager-at-Risk Contract as outlined above. Should Contractor fail to perform the examination and reporting obligations of these provisions, Contractor is responsible for avoidable costs and direct and/or consequential damages.

6.2 Requirements for Record Documents. Contractor shall:

6.2.1 Maintain at the Site one copy of all Drawings, Specifications, addenda,

approved submittals, Contract modifications, and all Project correspondence. Keep current and maintain Drawings and Specifications in good order with postings and markings to record actual conditions of Work and show and reference all changes made during construction. Provide Owner and A/E access to these documents.


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6.2.2 Maintain the Record Documents including Drawings, Specifications and other materials which reflect the actual field conditions and representations of the Work performed, whether it be directed by addendum, Change Order or otherwise. Make available all records prescribed herein for reference and examination by Owner and its representatives and agents.

6.2.3 Update the Record Documents at least monthly prior to submission of

periodic partial pay estimates. Failure to maintain current Record Documents constitutes cause for denial of a progress payment otherwise due.

6.2.4 Prior to requesting Substantial Completion inspection Contractor shall furnish

a copy of its marked-up Record Documents and a preliminary copy of each instructional manual, maintenance and operating manual, parts catalog, wiring diagrams, spare parts, specified written warranties and like publications, or parts for all installed equipment, systems, and like items and as described in the Contract Documents. (Unexecuted samples of the aforementioned documentation may be reviewed by ODR when the absence of substantial completion transactions preclude execution; however, Contractor remains obligated to provide fully executed copies of such materials prior to final payment.)

6.2.5 Once determined acceptable by ODR with input from A/E, provide one (1)

reproducible copy and one (1) electronic media copy of all Record Documents, unless otherwise required by the Supplementary General Conditions or Special Conditions.

6.2.6 Contractor shall be responsible for updating the Record Documents for all

Contractor initiated documents and changes to the Contract Documents due to coordination and actual field conditions, including RFIs.

6.2.7 A/E shall be responsible for updating the Record Documents for any

addenda, Change Orders, A/E supplemental instructions and any other alterations to the Contract Documents generated by A/E or Owner.

Article 7. Construction Safety

7.1 General. It is the duty and responsibility of Contractor and all of its Subcontractors to

be familiar with, enforce and comply with all requirements of Public Law No. 91- 596, 29 U.S.C. § 651 et. seq., the Occupational Safety and Health Act of 1970, (OSHA) and all amendments thereto. Contractor shall prepare a safety plan specific to the Project and submit it to ODR and A/E prior to commencing Work. In addition, Contractor and all of its Subcontractors 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 erect and maintain all necessary safeguards for such safety and protection.

7.2 Notices. Contractor shall provide notices as follows:


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7.2.1 Notify owners of adjacent property including those that own or operate utility services and/or underground facilities, and utility owners, when prosecution of the Work may affect them or their facilities, and cooperate with them in the protection, removal, relocation and replacement, and access to their facilities and/or utilities.

7.2.2 Coordinate the exchange of material safety data sheets (MSDSs) 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. Maintain a complete file of MSDSs for all materials in use on site throughout the construction phase and make such file available to Owner and its agents as requested.

7.3 Emergencies. In any emergency affecting the safety of persons or property,

Contractor shall act to minimize, mitigate, and prevent threatened damage, injury or loss.

7.3.1 Have authorized agents of Contractor respond immediately upon call at any

time of day or night when circumstances warrant the presence of Contractor to protect the Work or adjacent property from damage or to take such action pertaining to the Work as may be necessary to provide for the safety of the public.

7.3.2 Give ODR and A/E prompt notice of all such events.

7.3.3 If Contractor believes that any changes in the Work or variations from

Contract Documents have been caused by its emergency response, promptly notify Owner within seventy-two (72) hours of the emergency response event.

7.3.4 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 funds otherwise due Contractor.

7.4 Injuries. In the event of an incident or accident involving outside medical care for an individual on or near the Work, Contractor shall notify ODR and other parties as may be directed promptly, but no later than twenty-four (24) hours after Contractor learns that an event required medical care.

7.4.1 Record the location of the event and the circumstances surrounding it, by

using photography or other means, and gather witness statements and other documentation which describes the event.

7.4.2 Supply ODR and A/E with an incident report no later than thirty-six (36)

hours after the occurrence of the event. In the event of a catastrophic incident (one (1) fatality or three (3) workers hospitalized), barricade and leave intact the scene of the incident until all investigations are complete. A full set of incident investigation documents, including facts, finding of cause, and remedial plans shall be provided within one (1) week after occurrence, unless otherwise directed by legal counsel. Contractor shall provide ODR with


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written notification within one week of such catastrophic event if legal counsel delays submission of full report.

7.5 Environmental Safety. Upon encountering any previously unknown potentially

hazardous material, or other materials potentially contaminated by hazardous material, Contractor shall immediately stop work activities impacted by the discovery, secure the affected area, and notify ODR immediately.

7.5.1 Bind all Subcontractors to the same duty.

7.5.2 Upon receiving such notice, ODR will 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. Upon completion of this investigation, ODR will issue a written report to Contractor identifying the material(s) found and indicate any necessary steps to be taken to treat, handle, transport or dispose of the material.

7.5.3 Owner may hire third-party Contractors to perform any or all such steps.

7.5.4 Should compliance with ODR’s instructions result in an increase in

Contractor’s cost of performance, or delay the Work, Owner will make an equitable adjustment to the Contract Sum and/or the time of completion, and modify the Contract in writing accordingly.

7.6 Trenching Plan. When the project requires excavation which either exceeds a

depth of four (4) feet, or results in any worker’s upper body being positioned below grade level, Contractor is required to submit a trenching plan to ODR prior to commencing trenching operations unless an engineered plan is part of the Contract Documents. The plan is required to be prepared and sealed by a professional engineer registered in the State of Texas, and hired or employed by Contractor or Subcontractor to perform the work. Said engineer cannot be anyone who is otherwise either directly or indirectly engaged on this project.

Article 8. Quality Control

8.1 Materials & Workmanship. Contractor shall execute Work in a good and workmanlike matter in accordance with the Contract Documents. Contractor shall develop and provide a quality control plan specific to this Project and acceptable to Owner. Where Contract Documents do not specify quality standards, complete and construct all Work in compliance with generally accepted construction industry standards. Unless otherwise specified, incorporate all new materials and equipment into the Work under the Contract.

8.2 Testing.

8.2.1 Owner is responsible for coordinating and paying for routine and special tests required to confirm compliance with quality and performance requirements, except as stated below or otherwise required by the Contract Documents. Contractor shall provide the following testing:


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8.2.1.1 Any test of basic material or fabricated equipment included as part of a submittal for a required item in order to establish compliance with the Contract Documents.

8.2.1.2 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 establish compliance with the Contract Documents.

8.2.1.3 Preliminary, start-up, pre-functional and operational testing of

building equipment and systems as necessary to confirm operational compliance with requirements of the Contract Documents.

8.2.1.4 All subsequent tests on original or replaced materials conducted as a

result of prior testing failure.

8.2.2 All testing shall be performed in accordance with standard test procedures by an accredited laboratory, or special consultant as appropriate, acceptable to Owner. Results of all tests shall be provided promptly to ODR, A/E, and Contractor.

8.2.3 Non-Compliance (Test Results). Should any of the tests indicate that a

material and/or system does not comply with the Contract requirements, the burden of proof remains with Contractor, subject to:

8.2.3.1 Contractor selection and submission of the laboratory for Owner

acceptance.

8.2.3.2 Acceptance by Owner of the quality and nature of tests.

8.2.3.3 All tests taken in the presence of A/E and/or ODR, or their representatives.

8.2.3.4 If tests confirm that the material/systems comply with Contract

Documents, Owner will pay the cost of the test.

8.2.3.5 If tests reveal noncompliance, Contractor will pay those laboratory fees and costs of that particular test and all future tests, of that failing Work, necessary to eventually confirm compliance with Contract Documents.

8.2.3.6 Proof of noncompliance with the Contract Documents will make

Contractor liable for any corrective action which ODR determines appropriate, including complete removal and replacement of non- compliant work or material.

8.2.4 Notice of Testing. Contractor shall give ODR and A/E timely notice of its

readiness and the date arranged so ODR and A/E may observe such inspection, testing, or approval.


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8.2.5 Test Samples. Contractor is responsible for providing Samples of sufficient size for test purposes and for coordinating such tests with their Work Progress Schedule to avoid delay.

8.2.6 Covering Up Work. If Contractor covers up any Work without providing

Owner an opportunity to inspect, Contractor shall, if requested by ODR, uncover and recover the work at Contractor’s expense.

8.3 Submittals.

8.3.1 Contractor’s Submittals. 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 Change Order. Prior to submitting, Contractor shall review each submittal for general compliance with Contract Documents and approve submittals for review by A/E and Owner by an approval stamp affixed to each copy. Submittal data presented without Contractor’s stamp will be returned without review or comment, and any delay resulting from failure is Contractor’s responsibility.

8.3.1.1 Contractor shall within twenty-one (21) days of the effective date of

the Notice To Proceed with construction, submit to ODR and A/E, a submittal schedule/register, organized by specification section, listing all items to be furnished for review and approval by A/E and Owner. The list shall include Shop Drawings, manufacturer’s literature, certificates of compliance, materials Samples, materials colors, guarantees, and all other items identified throughout the Specifications.

8.3.1.2 Contractor shall indicate the type of item, Contract requirements reference, and Contractor’s scheduled dates for submitting the item along with the requested dates for approval answers from A/E and Owner. The submittal register shall indicate the projected dates for procurement of all included items and shall be updated at least monthly with actual approval and procurement dates. Contractor’s Submittal Register must be reasonable in terms of the review time for complex submittals. Contractor’s submittal schedule must be consistent with the Work Progress Schedule and identify critical submittals. Show and allow a minimum of fifteen (15) calendar days duration after receipt by A/E and ODR for review and approval. If resubmittal required, allow a minimum of an additional fifteen (15) c a l e n d a r days for review. Submit the updated Submittal Register with each request for progress payment. Owner may establish routine review procedures and schedules for submittals at the preconstruction conference and/or elsewhere in the Contract Documents. If Contractor fails to update and provide the Submittal Register as required, Owner may, after seven (7) days notice to Contractor withhold a reasonable sum of money that would otherwise be due Contractor.


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8.3.1.3 Contractor shall coordinate the Submittal Register with the Work Progress Schedule. Do not schedule Work requiring a submittal to begin prior to scheduling review and approval of the related submittal. Revise and/or update both schedules monthly to ensure consistency and current project data. Provide to ODR the updated Submittal Register and schedule with each application for progress payment. Refer to requirements for the Work Progress Schedule for inclusion of procurement activities therein. Regardless, the Submittal Register shall identify dates submitted and returned and shall be used to confirm status and disposition of particular items submitted, including approval or other action taken and other information not conveniently tracked through the Work Progress Schedule.

8.3.1.4 By submitting Shop Drawings, Samples or other required

information, Contractor represents that it has determined and verified all applicable field measurements, field construction criteria, materials, catalog numbers and similar data to the extent possible from existing conditions and design information provided by A/E prior to fabrication; and has checked and coordinated each Shop Drawing and Sample with the requirements of the Work and the Contract Documents.

8.3.2 Review of Submittals. A/E and ODR review is only for conformance with

the design concept and the information provided in the Contract Documents. Responses to submittals will be in writing. The approval of a separate item does not indicate approval of an assembly in which the item functions. The approval of a submittal does not relieve Contractor of responsibility for any deviation from the requirements of the Contract unless Contractor informs A/E and ODR of such deviation in a clear, conspicuous, and written manner on the submittal transmittal and at the time of submission, and obtains Owner’s written specific approval of the particular deviation.

8.3.3 Correction and Resubmission. Contractor shall make any corrections

required to a submittal and resubmit the required number of corrected copies promptly so as to avoid delay, until submittal approval. Direct attention in writing to A/E and ODR, when applicable, to any new revisions other than the corrections requested on previous submissions.

8.3.4 Limits on Shop Drawing Review. Contractor shall not commence any

Work requiring a submittal until review of the submittal under Subsection 8.3.2. Construct all such work in accordance with reviewed submittals. Comments incorporated as part of the review in Subsection 8.3.2 of Shop Drawings and Samples is not authorization to Contractor to perform extra work or changed work unless authorized through a Change Order. A/E’s and ODR’s review, if any, does not relieve Contractor from responsibility for defects in the Work resulting from errors or omissions of any kind on the submittal, regardless of any approval action. A/E or ODR shall not make formal changes to the Contract Documents via the submittal process. Changes


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to the Construction Documents shall be accomplished via Section 3.2.2 and Article 11 Changes.

8.3.5 No Substitutions Without Approval. ODR and A/E may receive and

consider Contractor’s request for substitution when Contractor agrees to reimburse Owner for review costs and satisfies the requirements of this section. If Contractor does not satisfy these conditions, ODR and A/E will return the request without action except to record noncompliance with these requirements. Owner will not consider the request if Contractor cannot provide the product or method because of failure to pursue the Work promptly or coordinate activities properly. Contractor’s request for a substitution may be considered by ODR and A/E when:

8.3.5.1 The Contract Documents do not require extensive revisions; and

8.3.5.2 Proposed changes are in keeping with the general intent of the

Contract Documents and the design intent of A/E and do not result in an increase in cost to Owner; and

8.3.5.3 The request is timely, fully documented, properly submitted and one

or more of the following apply:

8.3.5.3.1 Contractor cannot provide the specified product, assembly or method of construction within the Contract Time;

8.3.5.3.2 The request directly relates to an “or-equal” clause or

similar language in the Contract Documents;

8.3.5.3.3 The request directly relates to a “product design standard” or “performance standard” clause in the Contract Documents;

8.3.5.3.4 The requested substitution offers Owner a substantial

advantage in cost, time, energy conservation or other considerations, after deducting additional responsibilities Owner must assume;

8.3.5.3.5 The specified product or method of construction cannot

receive necessary approval by an authority having jurisdiction, and ODR can approve the requested substitution;

8.3.5.3.6 Contractor cannot provide the specified product,

assembly or method of construction in a manner that is compatible with other materials and where Contractor certifies that the substitution will overcome the incompatibility;


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8.3.5.3.7 Contractor cannot coordinate the specified product, assembly or method of construction with other materials and where Contractor certifies they can coordinate the proposed substitution; or

8.3.5.3.8 The specified product, assembly or method of

construction cannot provide a warranty required by the Contract Documents and where Contractor certifies that the proposed substitution provides the required warranty.

8.3.5.3.9 The manufacture of the specified product has been

removed from production due to cancellation or obsolescence.

8.3.6 Unauthorized Substitutions at Contractor’s Risk. Contractor is financially

responsible for any additional costs or delays resulting from unauthorized substitution of materials, equipment or fixtures other than those specified. Contractor shall reimburse Owner for any increased design or contract administration costs resulting from such unauthorized substitutions.

8.4 Field Mock-up.

8.4.1 Mock-ups shall be constructed prior to commencement of a specified scope of work to confirm acceptable workmanship.

8.4.1.1 As a minimum, field mock-ups shall be constructed for roofing

systems, exterior veneer / finish systems, glazing systems, and any other Work requiring a mock-up as identified throughout the Contract Documents. Mock-ups for systems not part of the Project scope shall not be required.

8.4.1.2 Mock-ups may be incorporated into the Work if allowed by the

Contract Documents and if acceptable to ODR. If mock-ups are freestanding, they shall remain in place until otherwise directed by Owner.

8.4.1.3 Contractor shall include field mock-ups in their Work Progress

Schedule and shall notify ODR and A/E of readiness for review sufficiently in advance to coordinate review without delay.

8.5 Inspection During Construction.

8.5.1 Contractor shall provide sufficient, safe, and proper facilities, including equipment as necessary for safe access, at all reasonable times for observation and/or inspection of the Work by Owner and its agents. “Reasonable times” of inspection allow for sufficient monitoring of the quality of materials and installation without substantially impeding the progress of the Work.


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8.5.2 Contractor shall not cover up any Work with finishing materials or other building components prior to providing Owner and its agents an opportunity to perform an inspection of the Work.

8.5.2.1 Should corrections of the Work be required for approval, Contractor

shall not cover-up corrected Work until Owner indicates approval.

8.5.2.2 Contractor shall provide notification of at least five (5) working days or otherwise as mutually agreed, to ODR of the anticipated need for a cover-up inspection. Should ODR fail to make the necessary inspection within the agreed period, Contractor may proceed with cover-up Work, but is not relieved of responsibility for Work to comply with requirements of the Contract Documents.

Article 9. Construction Schedules

9.1 Contract Time. TIME IS AN ESSENTIAL ELEMENT OF THE

CONTRACT. The Contract Time is the time between the dates indicated in the Notice to Proceed for commencement of the Work and for achieving Substantial Completion. The Contract Time can be modified only by Change Order. Failure to achieve Substantial Completion within the Contract Time as otherwise agreed to in writing will cause damage to Owner and may subject Contractor to liquidated damages as provided in the Contract Documents. If Contractor fails to achieve Final Completion within thirty (30) calendar days after Substantial Completion or a mutually agreed upon longer period of time between Contractor and Owner, Contractor shall be responsible for Owner’s additional inspection, project management, and maintenance cost to the extent caused by Contractor’s failure to achieve Final Completion.

9.2 Notice to Proceed. Owner will issue a Notice to Proceed which shall state the

dates for beginning Work and for achieving Substantial Completion of the Work.

9.3 Work Progress Schedule. Refer to Supplementary General Conditions or Special Conditions for additional schedule requirements. Unless indicated otherwise in those documents, Contractor shall submit their initial Work Progress Schedule for the Work in relation to the entire Project not later than twenty-one (21) days after the effective date of the Notice to Proceed to ODR and A/E. Unless otherwise indicated in the Contract Documents, the Work Progress Schedule shall be computerized Critical Path Method (CPM) with fully editable logic. This initial schedule shall indicate the dates for starting and completing the various aspects required to complete the Work, including mobilization, procurement, installation, testing, inspection, delivery of Close-out Documents and acceptance of all the Work of the Contract. When acceptable to Owner, the initially accepted schedule shall be the Baseline Schedule for comparison to actual conditions throughout the Contract duration.

9.3.1 Schedule Requirements. Contractor shall submit electronic and paper copy

of the initial Work Progress Schedule reflecting accurate and reliable representations of the planned progress of the Work, the Work to date if any, and of Contractor’s actual plans for its completion. Contractor shall organize


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and provide adequate detail so the schedule is capable of measuring and forecasting the effect of delaying events on completed and uncompleted activities.

9.3.1.1 Contractor shall resubmit initial schedule as required to address

review comments from A/E and ODR until such schedule is accepted as the Baseline Schedule.

9.3.1.2 Submittal of a schedule, schedule revision or schedule update constitutes Contractor’s representation to Owner of the accurate depiction of all progress to date and that Contractor will follow the schedule as submitted in performing the Work.

9.3.2 Schedule Updates. Contractor shall update the Work Progress Schedule and

the Submittal Register monthly, as a minimum, to reflect progress to date and current plans for completing the Work, while maintaining original schedule as Baseline Schedule and submit paper and electronic copies of the update to A/E and ODR as directed, but as a minimum with each request for payment. Owner has no duty to make progress payments unless accompanied by the updated Work Progress Schedule. Show the anticipated date of completion reflecting all extensions of time granted through Change Order as of the date of the update. Contractor may revise the Work Progress Schedule when in Contractor’s judgment it becomes necessary for the management of the Work. Contractor shall identify all proposed changes to schedule logic to Owner and to A/E via an executive summary accompanying the updated schedule for review prior to final implementation of revisions into a revised Baseline Schedule. Schedule changes that materially impact Owner’s operations shall be communicated promptly to ODR and shall not be incorporated into the revised Baseline Schedule without ODR’s consent.

9.3.3 The Work Progress Schedule is for Contractor’s use in managing the Work

and submittal of the schedule, and successive updates or revisions, is for the information of Owner and to demonstrate that Contractor has complied with requirements for planning the Work. Owner’s acceptance of a schedule, schedule update or revision constitutes Owner’s agreement to coordinate its own activities with Contractor’s activities as shown on the schedule.

9.3.3.1 Acceptance of the Work Progress Schedule, or update and/or

revision thereto does not indicate any approval of Contractor’s proposed sequences and duration.

9.3.3.2 Acceptance of a Work Progress Schedule update or revision

indicating early or late completion does not constitute Owner’s consent, alter the terms of the Contract, or waive either Contractor’s responsibility for timely completion or Owner’s right to damages for Contractor’s failure to do so.

9.3.3.3 Contractor’s scheduled dates for completion of any activity or the

entire Work do not constitute a change in terms of the Contract.


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Change Orders are the only method of modifying the Substantial Completion Date(s) and Contract Time.

9.4 Ownership of Float. Unless indicated otherwise in the Contract Documents,

Contractor shall develop its schedule, pricing, and execution plan to provide a minimum of ten (10) percent total float at acceptance of the Baseline Schedule. Float time contained in the Work Progress Schedule is not for the exclusive benefit of Contractor or Owner, but belongs to the Project and may be consumed by either party as needed on a first-used basis.

9.5 Completion of Work. Contractor is accountable for completing the Work within the

Contract Time stated in the Contract, or as otherwise amended by Change Order.

9.5.1 If, in the judgment of Owner, the work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to insure timely completion of the entire work or a separable portion thereof, Contractor, when so informed by Owner, shall immediately take action to increase the rate of work placement by:

9.5.1.1 An increase in working forces.

9.5.1.2 An increase in equipment or tools.

9.5.1.3 An increase in hours of work or number of shifts.

9.5.1.4 Expedite delivery of materials.

9.5.1.5 Other action proposed if acceptable to Owner.

9.5.2 Within ten (10) days after such notice from ODR, Contractor shall notify

ODR in writing of the specific measures taken and/or planned to increase the rate of progress. Contactor shall include an estimate as to the date of scheduled progress recovery and an updated Work Progress Schedule illustrating Contractor’s plan for achieving timely completion of the Project. Should ODR deem the plan of action inadequate, Contractor shall take additional steps or make adjustments as necessary to its plan of action until it meets with ODR’s approval.

9.6 Modification of the Contract Time.

9.6.1 Delays and extension of time as hereinafter described are valid only if executed in accordance with provisions set forth in Article 11.

9.6.2 When a delay defined herein as excusable prevents Contractor from

completing the Work within the Contract Time, Contractor is entitled to an extension of time. Owner will make an equitable adjustment and extend the number of days lost because of excusable delay or Weather Days, as measured by Contractor’s progress schedule. All extensions of time will be granted in calendar days. In no event, however, will an extension of time be granted for


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delays that merely extend the duration of non-critical activities, or which only consume float without delaying the project Substantial Completion date(s).

9.6.2.1 A “Weather Day” is a day on which Contractor’s current schedule

indicates Work is to be done, and on which inclement weather and/or related site conditions prevent Contractor from performing seven (7) continuous hours of Work on the critical path between the hours of 7:00 a.m. and 6:00 p.m. Weather days are excusable delays. When weather conditions at the site prevent work from proceeding, Contractor shall immediately notify ODR for confirmation of the conditions. At the end of each calendar month, submit to ODR and A/E a list of Weather Days occurring in that month along with documentation of the impact on critical activities. Based on confirmation by ODR, any time extension granted will be issued by Change Order. If Contractor and Owner cannot agree on the time extension, Owner may issue a ULCO for fair and reasonable time extension.

9.6.2.2 Excusable Delay. Contractor is entitled to an equitable adjustment

of the Contract Time, issued via change order, for delays caused by the following:

9.6.2.2.1 Errors, omissions and imperfections in design, which A/E

corrects by means of changes in the Drawings and Specifications.

9.6.2.2.2 Unanticipated physical conditions at the Site, which A/E

corrects by means of changes to the Drawings and Specifications or for which ODR directs changes in the Work identified in the Contract Documents.

9.6.2.2.3 Failure of Owner to have secured property, right-of-way

or easements necessary for Work to begin or progress.

9.6.2.2.4 Changes in the Work that effect activities identified in Contractor’s schedule as “critical” to completion of the entire Work, if such changes are ordered by ODR or recommended by A/E and ordered by ODR.

9.6.2.2.5 Suspension of Work for unexpected natural events,

Force Majeure (sometimes called “acts of God”), civil unrest, strikes or other events which are not within the reasonable control of Contractor.

9.6.2.2.6 Suspension of Work for convenience of ODR, which

prevents Contractor from completing the Work within the Contract Time.


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9.6.2.2.7 Administrative delays caused by activities or approval requirements related to an Authority Having Jurisdiction.

9.6.3 Contractor’s relief in the event of such delays is the time impact to the critical

path as determined by analysis of Contractor’s schedule. In the event that Contractor incurs additional direct costs because of the excusable delays other than described in Subparagraph 9.6.2.2.4 and within the reasonable control of Owner, the Contract price and Contract Time are to be equitably adjusted by Owner pursuant to the provisions of Article 11.

9.7 No Damages for Delay. Contractor has no claim for monetary damages for delay

or hindrances to the work from any cause, including without limitation any act or omission of Owner.

9.8 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, Contractor may not be entitled to a time extension for the period of concurrent delay.

9.9 Other Time Extension Requests. Time extensions requested in association with

changes to the Work directed or requested by Owner shall be included with Contractor’s proposed costs for such change. Time extensions requested for inclement weather are covered by Paragraph 9.6.2.1 above. If Contractor believes that the completion of the Work is delayed by a circumstance other than for changes directed to the Work or weather, they shall give ODR written notice, stating the nature of the delay and the activities potentially affected, within five (5) days after the onset of the event or circumstance giving rise to the excusable delay. Contractor shall provide sufficient written evidence to document the delay. In the case of a continuing cause of delay, only one claim is necessary. State claims for extensions of time in numbers of whole or half days.

9.9.1 Within ten (10) days after the cessation of the delay, Contractor shall

formalize its request for extension of time in writing to include a full analysis of the schedule impact of the delay and substantiation of the excusable nature of the delay. All changes to the Contract Time or made as a result of such claims is by Change Order, as set forth in Article 11.

9.9.2 No extension of time releases Contractor or the Surety furnishing a

performance or payment bond from any obligations under the Contract or such a bond. Those obligations remain in full force until the discharge of the Contract.

9.9.3 Contents of Time Extension Requests. Contractor shall provide with

each Time Extension Request a quantitative demonstration of the impact of the delay on project completion time, based on the Work Progress Schedule. Contractor shall include with Time Extension Requests a reasonably detailed narrative setting forth:


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9.9.3.1 The nature of the delay and its cause; the basis of Contractor’s claim of entitlement to a time extension.

9.9.3.2 Documentation of the actual impacts of the claimed delay on the

critical path indicated in Contractor’s Work Progress Schedule, and any concurrent delays.

9.9.3.3 Description and documentation of steps taken by Contractor to

mitigate the effect of the claimed delay, including, when appropriate, the modification of the Work Progress Schedule.

9.9.4 Owner’s Response. Owner will respond to the Time Extension Request by

providing to 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 Contractor.

9.9.4.1 Owner will not grant time extensions for delays that do not affect the

Contract Substantial Completion date.

9.9.4.2 Owner will respond to each properly submitted Time Extension Request within fifteen (15) days following receipt. If Owner cannot reasonably make a determination about Contractor’s entitlement to a time extension within that time, Owner will notify Contractor in writing. Unless otherwise agreed by Contractor, Owner has no more than fifteen (15) additional days to prepare a final response. If Owner fails to respond within forty-five (45) days from the date the Time Extension Request is received, Contractor is entitled to a time extension in the amount requested.

9.10 Failure to Complete Work Within the Contract Time. TIME IS AN

ESSENTIAL ELEMENT OF THE CONTRACT. Contractor’s failure to substantially complete the Work within the Contract Time or to achieve Substantial Completion as required will cause damage to Owner. These damages shall be liquidated by agreement of Contractor and Owner, in the amount per day as set forth in the Contract Documents.

9.11 Liquidated Damages. Owner may collect liquidated damages due from Contractor

directly or indirectly by reducing the Contract Sum in the amount of liquidated damages stated in the Supplementary General Conditions or Special Conditions.

Article 10. Payments

10.1 Schedule of Values. Contractor shall submit to ODR and A/E for acceptance a

Schedule of Values accurately itemizing material and labor for the various classifications of the Work based on the organization of the specification sections and of sufficient detail acceptable to ODR. The accepted Schedule of Values will be the basis for the progress payments under the Contract.


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10.1.1 No progress payments will be made prior to receipt and acceptance of the Schedule of Values, provided in such detail as required by ODR, and submitted not less than twenty-one (21) days prior to the first request for payment. The Schedule of Values shall follow the order of trade divisions of the Specifications and include itemized costs for general conditions, costs for preparing close out documents, fees, contingencies, and Owner cash allowances, if applicable, so that the sum of the items will equal the Contract price. As appropriate, assign each item labor and/or material values, the subtotal thereof equaling the value of the work in place when complete.

10.1.1.1 Owner requires that the Work items be inclusive of the cost of the

Work items only. Any contract markups for overhead and profit, general conditions, etc., shall be contained within separate line items for those specific purposes which shall be divided into at least two(2) lines, one (1) for labor and one (1) for materials.

10.1.2 Contractor shall retain a copy of all worksheets used in preparation of its bid

or proposal, supported by a notarized statement that the worksheets are true and complete copies of the documents used to prepare the bid or proposal. Make the worksheets available to ODR at the time of Contract execution. Thereafter Contractor shall grant Owner during normal business hours access to said copy of worksheets at any time during the period commencing upon execution of the Contract and ending one year after final payment.

10.2. Progress Payments. Contractor will receive periodic progress payments for Work

performed, materials in place, suitably stored on Site, or as otherwise agreed to by Owner and Contractor. Payment is not due until receipt by ODR or his designee of a correct and complete Pay Application in electronic and/or hard copy format as set forth in Supplementary General Conditions, Special Conditions, and certified by A/E. Progress payments are made provisionally and do not constitute acceptance of work not in accordance with the Contract Documents. Owner will not process progress payment applications for Change Order Work until all parties execute the Change Order.

10.2.1 Preliminary Pay Worksheet. Once each month that a progress payment is

to be requested, the Contractor shall submit to A/E and ODR a complete, clean copy of a preliminary pay worksheet or preliminary pay application, to include the following: 10.2.1.1 Contractor’s estimate of the amount of Work performed, labor

furnished and materials incorporated into the Work, using the established Schedule of Values;

10.2.1.2 An updated Work Progress Schedule including the executive

summary and all required schedule reports;

10.2.1.3 HUB subcontracting plan Progress Assessment Report as required in Paragraph 4.2.5.1;


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10.2.1.4 Such additional documentation as Owner may require as set forth in the Supplementary General Conditions or elsewhere in the Contract Documents; and

10.2.1.5 Construction payment affidavit.

10.2.2 Contractor’s Application for Payment. As soon as practicable, but in no

event later than seven (7) days after receipt of the preliminary pay worksheet, A/E and ODR will meet with Contractor to review the preliminary pay worksheet and to observe the condition of the Work. Based on this review, ODR and A/E may require modifications to the preliminary pay worksheet prior to the submittal of an Application for Payment, and will promptly notify Contractor of revisions necessary for approval. As soon as practicable, Contractor shall submit its Application for Payment on the appropriate and completed form, reflecting the required modifications to the Schedule of Values required by A/E and/or ODR. Attach all additional documentation required by ODR and/or A/E, as well as an affidavit affirming that all payrolls, bills for labor, materials, equipment, subcontracted work and other indebtedness connected with Contractor’s Application for Payment are paid or will be paid within the time specified in Tex. Gov’t Code, Ch. 2251. No Application for Payment is complete unless it fully reflects all required modifications, and attaches all required documentation including Contractor’s affidavit.

10.2.3 Certification by Architect/Engineer. Within five (5) days or earlier following

A/E’s receipt of Contractor’s formal Application for Payment, A/E will review the Application for Payment for completeness, and forward it to ODR. A/E will certify that the application is complete and payable, or that it is incomplete, stating in particular what is missing. If the Application for Payment is incomplete, Contractor shall make the required corrections and resubmit the Application for Payment for processing.

10.3 Owner’s Duty to Pay. Owner has no duty to pay the Contractor except on receipt by

ODR of: 1) a complete Application for Payment certified by A/E; 2) Contractor’s updated Work Progress Schedule; and 3) confirmation that Contractor’s record documentation at the Site is kept current.

10.3.1 Payment for stored materials and/or equipment confirmed by Owner and A/E

to be on-site or otherwise properly stored is limited to eighty-five (85) percent of the invoice price or eighty-five (85) percent of the scheduled value for the materials or equipment, whichever is less.

10.3.2 Retainage. Owner will withhold from each progress payment, as retainage,

five (5) percent of the total earned amount, the amount authorized by law, or as otherwise set forth in the Supplementary General Conditions or Special Conditions. Retainage is managed in conformance with Tex. Gov’t Code, Ch. 2252, Subch. B.


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10.3.2.1 Contractor shall provide written consent of its surety for any request for reduction or release of retainage.

10.3.2.2 At least sixty-five (65) percent of the Contract, or such other discrete

Work phase as set forth in Subsection 12.1.6 or Work package delineated in the Contract Documents, must be completed before Owner can consider a retainage reduction or release.

10.3.2.3 Contractor shall not withhold retainage from their Subcontractors

and suppliers in amounts that are any percentage greater than that withheld in its Contract with Owner under this subsection, unless otherwise acceptable to Owner.

10.3.3 Price Reduction to Cover Loss. Owner may reduce any Application for

Payment, prior to payment to the extent necessary to protect Owner from loss on account of actions of Contractor including, but not limited to, the following:

10.3.3.1 Defective or incomplete Work not remedied;

10.3.3.2 Damage to Work of a separate Contractor;

10.3.3.3 Failure to maintain scheduled progress or reasonable evidence that

the Work will not be completed within the Contract Time;

10.3.3.4 Persistent failure to carry out the Work in accordance with the Contract Documents;

10.3.3.5 Reasonable evidence that the Work cannot be completed for the

unpaid portion of the Contract Sum;

10.3.3.6 Assessment of fines for violations of prevailing wage rate law; or

10.3.3.7 Failure to include the appropriate amount of retainage for that periodic progress payment.

10.3.4 Title to all material and Work covered by progress payments transfers to

Owner upon payment.

10.3.4.1 Transfer of title to Owner does not relieve Contractor and its Subcontractors of the sole responsibility for the care and protection of materials and Work upon which payments have been made until substantial completion, responsibility for the care and protection of materials and Work in areas where punch list items are completed until final completion or the restoration of any damaged Work, or waive the right of Owner to require the fulfillment of all the terms of the Contract.


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10.4 Progress Payments. Progress payments to Contractor do not release Contractor or its surety from any obligations under the Contract.

10.4.1 Upon Owner’s request, Contractor shall furnish manifest proof of the status of

Subcontractor’s accounts in a form acceptable to Owner.

10.4.2 Pay estimate certificates must be signed by a corporate officer or a representative duly authorized by Contractor.

10.4.3 Provide copies of bills of lading, invoices, delivery receipts or other evidence

of the location and value of such materials in requesting payment for materials.

10.4.4 For purposes of Tex. Gov’t Code § 2251.021(a)(2), the date the performance

of service is complete is the date when ODR approves the Application for Payment.

10.5 Off-Site Storage. With prior approval by Owner and in the event Contractor elects

to store materials at an off-site location, abide by the following conditions, unless otherwise agreed to in writing by Owner.

10.5.1 Store materials in a commercial warehouse meeting the criteria stated below.

10.5.2 Provide 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 State agency which is signatory to the Contract, must be filed with Owner’s representative.

10.5.3 Inspection by Owner’s representative is allowed at any time. Owner’s

inspectors must be satisfied with the security, control, maintenance, and preservation measures.

10.5.4 Materials for this Project are physically separated and marked for the Project

in a sectioned-off area. Only materials which have been approved through the submittal process are to be considered for payment.

10.5.5 Owner reserves the right to reject materials at any time prior to final

acceptance of the complete Contract if they do not meet Contract requirements regardless of any previous progress payment made.

10.5.6 With each monthly payment estimate, submit a report to ODR and A/E listing

the quantities of materials already paid for and still stored in the off-site location.

10.5.7 Make warehouse records, receipts and invoices available to Owner’s

representatives, upon request, to verify the quantities and their disposition.


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10.5.8 In the event of Contract termination or default by Contractor, the items in storage off-site, upon which payment has been made, will be promptly turned over to Owner or Owner’s agents at a location near the jobsite as directed by ODR. The full provisions of performance and payment bonds on this Project cover the materials off-site in every respect as though they were stored on the Project Site.

10.6 Time for Payment by Contractor Pursuant to Tex. Gov’t Code § 2255.022.

10.6.1 Contractor who receives a payment from a governmental entity shall pay Subcontractor the appropriate share of the payment not later than the tenth (10th) day after the date Contractor receives the payment.

10.6.2 The appropriate share is overdue on the eleventh (11th) day after the date Conrtactor receives the payment.

Article 11. Changes

11.1 Change Orders. A Change Order issued after execution of the Contract is a written

order to Contractor, signed by ODR, Contractor, and A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. ODR may issue a written authorization for Contractor to proceed with Work of a Change Order in advance of final execution by all parties in accordance with Section 11.9.

11.1.1 Owner, without invalidating the Contract, may order changes in the Work

within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change Order or ULCO, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change Order or a ULCO.

11.1.2 It is recognized by the parties hereto and agreed by them that the

Specifications and Drawings may not be complete or free from errors, omissions and imperfections or that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner and that, accordingly, it is the express intention of the parties, notwithstanding any other provisions in this Contract, that any errors, omissions or imperfections in such Specifications and Drawings, or any changes in or additions to same or to the Work ordered by Owner and any resulting delays in the Work or increases in Contractor’s costs and expenses arising out of such errors, shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of Contract, or otherwise; provided, however, that Owner shall be liable to Contractor for the


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sum stated to be due Contractor in any Change Order approved and signed by both parties, it being agreed hereby that such sum, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor, as permitted under Tex. Gov’t Code, Ch. 2260.

11.1.3 Procedures for administration of Change Orders shall be established by Owner

and stated in Supplementary General Conditions, Special Conditions, or elsewhere in the Contract Documents.

11.1.4 No verbal order, verbal statement, or verbal direction of Owner or his duly

appointed representative shall be treated as a change under this article or entitle Contractor to an adjustment.

11.1.5 Contractor agrees that Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of Contractor. Further, Contractor agrees to include in all its subcontracts a provision to the effect that Subcontractor agrees that Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from the Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.

11.2 Unit Prices. If unit prices are stated in the Contract Documents or subsequently

agreed upon, and if the quantities originally contemplated are so changed in a Proposed Change Order that application of the agreed unit prices to the quantities of work proposed will cause substantial inequity to Owner or Contractor, the applicable unit prices shall be equitably adjusted as provided in the Supplementary General Conditions or Special Conditions or as agreed to by the parties and incorporated into a Change Order.

11.3 Claims for Additional Costs.

11.3.1 If Contractor wishes to make a claim for an increase in the Contract Sum not related to a requested change, they shall give Owner and A/E written notice thereof within twenty-one (21) days after the occurrence of the event giving rise to such claim, but, in any case before proceeding to execute the Work considered to be additional cost or time, except in an emergency endangering life or property in which case Contractor shall act in accordance with Subsection 7.2.1. No such claim shall be valid unless so made. If Owner and Contractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be determined as set forth under Article 15. Any change in the Contract Sum resulting from such claim shall be authorized by a Change Order or a ULCO.


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11.3.2 If Contractor claims that additional cost is involved because of, but not limited to, 1) any written interpretation of the Contract Documents, 2) any order by Owner to stop the Work pursuant to Article 14 where Contractor was not at fault, or 3) any written order for a minor change in the Work issued pursuant to Section 11.4, Contractor shall make such claim as provided in Subsection 11.3.1.

11.3.3 Should Contractor or his Subcontractors fail to call attention of A/E to

discrepancies or omissions in the Contract Documents, but claim additional costs for corrective Work after Contract award, Owner may assume intent to circumvent competitive bidding for necessary corrective Work. In such case, Owner may choose to let a separate Contract for the corrective Work, or issue a ULCO to require performance by Contractor. Claims for time extensions or for extra cost resulting from delayed notice of patent Contract Document discrepancies or omissions will not be considered by Owner.

11.4 Minor Changes. A/E, with concurrence of ODR, will have authority to order

minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be effected by written order which Contractor shall carry out promptly and record on as-built record documents.

11.5 Concealed Site Conditions. Contractor is responsible for visiting the Site and

being familiar with local conditions such as the location, accessibility, and general character of the Site and/or building. 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 Contract Documents, or if unknown conditions of an unusual nature are disclosed differing materially from the conditions usually inherent in Work of the character shown and specified, ODR and A/E shall be notified in writing of such conditions before they are further disturbed or subsequent related work proceeds. Upon such notice, or upon its own observation of such conditions, A/E, with the approval of ODR, will promptly make such changes in the Drawings and Specifications as they deem necessary to conform to the different conditions, and any increase or decrease in the cost of the Work, or in the time within which the Work is to be completed, resulting from such changes will be adjusted by Change Order, subject to the prior approval of ODR.

11.6 Extension of Time. All changes to the Contract Time shall be made as a

consequence of requests as required under Section 9.6, and as documented by Change Order as provided under Section 11.1.

11.7 Administration of Change Order Requests. All changes in the Contract shall be

administered in accordance with procedures approved by Owner, and when required, make use of such electronic information management system(s) as Owner may employ.

11.7.1 Routine changes in the construction Contract shall be formally initiated by

A/E by means of a PCO form detailing requirements of the proposed change for pricing by Contractor. This action may be preceded by communications


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between Contractor, A/E and ODR concerning the need and nature of the change, but such communications shall not constitute a basis for beginning the proposed Work by Contractor. Except for emergency conditions described below, approval of Contractor’s cost proposal by A/E and ODR will be required for authorization to proceed with the Work being changed. Owner will not be responsible for the cost of Work changed without prior approval and Contractor may be required to remove Work so installed.

11.7.2 All proposed costs for change order Work must be supported by itemized accounting of material, equipment and associated itemized installation costs in sufficient detail, following the outline and organization of the establish Schedule of Values, to permit analysis by A/E and ODR using current estimating guides and/or practices. Photocopies of Subcontractor and vendor proposals shall be furnished unless specifically waived by ODR. Contractor shall provide written response to a change request within twenty-one (21) days of receipt.

11.7.3 Any unexpected circumstance which necessitates an immediate change in

order to avoid a delay in progress of the Work may be expedited by verbal communication and authorization between Contractor and Owner, with written confirmation following within twenty-four (24) hours. A limited scope not-to-exceed estimate of cost and time will be requested prior to authorizing Work to proceed. Should the estimate be impractical for any reason, ODR may authorize the use of detailed cost records of such work to establish and confirm the actual costs and time for documentation in a formal Change Order.

11.7.4 Emergency changes to save life or property may be initiated by Contractor

alone (see Section 7.3) with the claimed cost and/or time of such work to be fully documented as to necessity and detail of the reported costs and/or time.

11.7.5 The method of incorporating approved Change Orders into the parameters of

the accepted Schedule of Values must be coordinated and administered in a manner acceptable to ODR.

11.8 Pricing Change Order Work. The amounts that Contractor and/or its Subcontractor

adds to a Change Order for profit and overhead will also be considered by Owner before approval is given. The amounts established hereinafter are the maximums that are acceptable to Owner.

11.8.1 For Work performed by its forces, Contractor will be allowed their actual

costs for materials, the total amount of wages (including benefits) paid for labor, plus the total cost of State and Federal payroll taxes and of worker’s compensation and comprehensive general liability insurance, plus additional bond and builders risk insurance cost if the change results in an increase in the premium paid by Contractor. To the total of the above costs, Contractor will be allowed to add a percentage as noted below to cover overhead and profit combined. Allowable percentages for overhead and profit on any specific change shall not exceed fifteen (15) percent for the first $10,000 of


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value for self-performed work or portion thereof, ten (10) percent for the second $10,000 of value for self-performed work or portion thereof and seven and a half (7.5) percent for any value of the self-performed work that exceeds $20,000.

11.8.2 For subcontracted Work each affected Subcontractor shall figure its costs, overhead and profit as described above for Contractor’s Work, all Subcontractor costs shall be combined, and to that total Subcontractor cost Contractor will be allowed to add a maximum mark-up of ten (10) percent for the first $10,000 of subcontracted Work value or portion thereof, seven and half (7.5) percent for the second $10,000 of subcontracted Work value or portion thereof, and five (5) percent for any value of the subcontracted Work exceeding $20,000.

11.8.3 On changes involving both additions and deletions, percentages for

overhead and profit will be allowed only on the net addition. Owner does not accept and will not pay for additional Contract cost identified as indirect or consequential damages.

11.8.4 For Contracts based on a Guaranteed Maximum Price (GMP), the

Construction Manager-at-Risk or Design Builder shall NOT be entitled to a percentage mark-up on any Change Order Work unless the Change Order increases the Guaranteed Maximum Price.

11.9 Unilateral Change Order (ULCO). Owner may issue a written ULCO directing a

change in the Work prior to reaching agreement with Contractor on the adjustment, if any, in the Contract price and/or the Contract Time.

11.9.1 Owner and Contractor shall negotiate for appropriate adjustments, as

applicable, to the Contract Sum or the Contract Time arising out of a ULCO. As the changed Work is performed, Contractor shall submit its costs for such Work with its Application for Payment beginning with the next Application for Payment within thirty (30) days of the issuance of the ULCO. The Parties reserve their rights as to the disputed amount, subject to Article 15.

11.10 Final Resolution of Changes. Upon execution of a Change Order and /or a ULCO

by Owner, Contractor and A/E, all costs and time issues regarding that change are final and not subject to additive adjustments.

Article 12. Project Completion and Acceptance

12.1 Closing Inspections.

12.1.1 Substantial Completion Inspection. When Contractor considers the entire Work or part thereof Substantially Complete, it shall notify ODR in writing that the Work will be ready for Substantial Completion inspection on a specific date. Contractor shall include with this notice Contractor’s Punchlist to indicate that it has previously inspected all the Work associated with the request for inspection, noting items it has corrected and included all remaining


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work items with date scheduled for completion or correction prior to final inspection. The failure to include any items on this list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. If any of the items on this list prevents the Project from being used as intended, Contractor shall not request a Substantial Completion Inspection. Owner and its representatives will review the list of items and schedule the requested inspection, or inform Contractor in writing that such an inspection is premature because the Work is not sufficiently advanced or conditions are not as represented on Contractor’s list.

12.1.1.1 Prior to the Substantial Completion inspection, Contractor shall

furnish a copy of its marked-up Record Documents and a preliminary copy of each instructional manual, maintenance and operating manual, parts catalog, wiring diagrams, spare parts, specified written warranties, and like publications or parts for all installed equipment, systems, and like items as described in the Contract Documents. Delivery of these items is a prerequisite for requesting the Substantial Completion inspection.

12.1.1.2 On the date requested by Contractor, or as mutually agreed upon

pending the status of the Open Items List, A/E, ODR, Contractor, and other Owner representatives as determined by Owner will jointly attend the Substantial Completion inspection, which shall be conducted by ODR or their delegate. If ODR determines that the Work is Substantially Complete, ODR will issue a Certificate of Substantial Completion to be signed by A/E, Owner, and Contractor establishing the date of Substantial Completion and identifying responsibilities for security, maintenance, insurance and utilities. A/E will provide with this certificate a consolidated list of Punchlist items (the pre-final Punchlist including all items noted by the various inspecting parties) for completion prior to final inspection. This list may include items in addition to those on Contractor’s Punchlist, which the inspection team deems necessary to correct or complete prior to final inspection. The failure to include any items on this list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. If Owner occupies the Project upon determination of Substantial Completion, Contractor shall complete all corrective Work at the convenience of Owner, without disruption to Owner’s use of the Project for its intended purposes.

12.1.2 Final Inspection. Contractor shall complete the list of items identified on

the pre-final Punchlist prior to requesting a final inspection. Unless otherwise specified, or otherwise agreed in writing by the parties as documented on the Certificate of Substantial Completion, Contractor shall complete and/or correct all Work within thirty (30) days of the Substantial Completion date. Upon completion of the pre-final Punchlist work, Contractor shall give written notice to ODR and A/E that the Work will be ready for final inspection on a specific date. Contractor shall accompany this notice


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with a copy of the updated pre-final Punchlist indicating resolution of all items. On the date specified or as soon thereafter as is practicable, ODR, A/E and Contractor will inspect the Work. A/E will submit to Contractor a final Punchlist of open items that the inspection team requires corrected or completed before final acceptance of the Work.

12.1.2.1 Correct or complete all items on the final Punchlist before requesting

Final Payment. Unless otherwise agreed to in writing by the parties, complete this work within seven (7) days of receiving the final Punchlist. Upon completion of the final Punchlist, notify A/E and ODR in writing stating the disposition of each final Punchlist item. A/E, Owner, and Contractor shall promptly inspect the completed items. When the final Punchlist is complete, and the Contract is fully satisfied according to the Contract Documents ODR will issue a certificate establishing the date of Final Completion. Completion of all Work is a condition precedent to Contractor’s right to receive Final Payment.

12.1.3 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 Owner.

12.1.4 Purpose of Inspection. Inspection is for determining the completion of the

Work, and does not relieve Contractor of its overall responsibility for completing the Work in a good and competent fashion, in compliance with the Contract. Work accepted with incomplete Punchlist items or failure of Owner or other parties to identify Work that does not comply with the Contract Documents or is defective in operation or workmanship does not constitute a waiver of Owner’s rights under the Contract or relieve Contractor of its responsibility for performance or warranties.

12.1.5 Additional Inspections.

12.1.5.1 If Owner’s inspection team determines that the Work is not substantially complete at the Substantial Completion inspection, ODR or A/E will give Contractor written notice listing cause(s) of the rejection. Contractor will set a time for completion of incomplete or defective work acceptable to ODR. Contractor shall complete or correct all work so designated prior to requesting a second Substantial Completion inspection.

12.1.5.2 If Owner’s inspection team determines that the Work is not complete

at the final inspection, ODR or A/E will give Contractor written notice listing the cause(s) of the rejection. Contractor will set a time for completion of incomplete or defective work acceptable to ODR. Contractor shall complete or correct all Work so designated prior to again requesting a final inspection.


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12.1.5.3 The Contract contemplates three (3) comprehensive inspections: the Substantial Completion inspection, the Final Completion inspection, and the inspection of completed final Punchlist items. The cost to Owner of additional inspections resulting from the Work not being ready for one or more of these inspections is the responsibility of Contractor. Owner may issue a ULCO deducting these costs from Final Payment. Upon Contractor’s written request, Owner will furnish documentation of any costs so deducted. Work added to the Contract by Change Order after Substantial Completion inspection is not corrective Work for purposes of determining timely completion, or assessing the cost of additional inspections.

12.1.6 Phased Completion. The Contract may provide, or Project conditions

may warrant, as determined by ODR, that designated elements or parts of the Work be completed in phases. Where phased completion is required or specifically agreed to by the parties, the provisions of the Contract related to closing inspections, occupancy, and acceptance apply independently to each designated element or part of the Work. For all other purposes, unless otherwise agreed by the parties in writing, Substantial Completion of the Work as a whole is the date on which the last element or part of the Work completed receives a Substantial Completion certificate. Final Completion of the Work as a whole is the date on which the last element or part of the Work completed receives a Final Completion certificate.

12.2 Owner’s Right of Occupancy. Owner may occupy or use all or any portion of the

Work following Substantial Completion, or at any earlier stage of completion. Should Owner wish to use or occupy the Work, or part thereof, prior to Substantial Completion, ODR will notify Contractor in writing and identify responsibilities for security, maintenance, insurance and utilities. Work performed on the premises by third parties on Owner’s behalf does not constitute occupation or use of the Work by Owner for purposes of this Article. All Work performed by Contractor after occupancy, whether in part or in whole, shall be at the convenience of Owner so as to not disrupt Owner’s use of, or access to occupied areas of the Project.

12.3 Acceptance and Payment

12.3.1 Request for Final Payment. Following the certified completion of all work, including all final Punchlist items, cleanup, and the delivery of record documents, Contractor shall submit a certified Application for Final Payment and include all sums held as retainage and forward to A/E and ODR for review and approval.

12.3.2 Final Payment Documentation. Contractor shall submit, prior to or with the

Application for Final Payment, final copies of all close out documents, maintenance and operating instructions, guarantees and warranties, certificates, Record Documents and all other items required by the Contract.


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Contractor shall submit evidence of return of access keys and cards, evidence of delivery to Owner of attic stock, spare parts, and other specified materials. Contractor shall submit consent of surety to Final Payment form and an affidavit that all payrolls, bills for materials and equipment, subcontracted work and other indebtedness connected with the Work, except as specifically noted, are paid, will be paid, after payment from Owner or otherwise satisfied within the period of time required by Tex. Gov’t Code, Ch. 2251. Contractor shall furnish documentation establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of claims and liens arising out of the Contract. Contractor may not subsequently submit a claim on behalf of Subcontractor or vendor unless Contractor’s affidavit notes that claim as an exception.

12.3.3 Architect/Engineer Approval. A/E will 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, A/E will either: 1) return the Application for Final Payment to Contractor with corrections for action and resubmission; or 2) accept it, note their approval, and send to Owner.

12.3.4 Offsets and Deductions. Owner may deduct from the Final Payment all

sums due from Contractor. If the Certificate of Final Completion notes any Work remaining, incomplete, or defects not remedied, Owner may deduct the cost of remedying such deficiencies from the Final Payment. On such deductions, Owner will identify each deduction, the amount, and the explanation of the deduction on or by the twenty-first (21st) day after Owner’s receipt of an approved Application for Final Payment. Such offsets and deductions shall be incorporated via a final Change Order, including a ULCO as may be applicable.

12.3.5 Final Payment Due. Final Payment is due and payable by Owner, subject

to all allowable offsets and deductions, on the thirtieth (30th) day following Owner’s approval of the Application for Payment. If Contractor disputes any amount deducted by Owner, Contractor shall give notice of the dispute on or before the thirtieth (30th) day following receipt of Final Payment. Failure to do so will bar any subsequent claim for payment of amounts deducted.

12.3.6 Effect of Final Payment. Final Payment constitutes a waiver of all claims

by Owner, relating to the condition of the Work except those arising from:

12.3.6.1 Faulty or defective Work appearing after Substantial Completion (latent defects);

12.3.6.2 Failure of the Work to comply with the requirements of the Contract

Documents;

12.3.6.3 Terms of any warranties required by the Contract, or implied by law; or


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12.3.6.4 Claims arising from personal injury or property damage to third parties.

12.3.7 Waiver of Claims. Final payment constitutes a waiver of all claims and

liens by Contractor except those specifically identified in writing and submitted to ODR prior to the application for Final Payment.

12.3.8 Effect on Warranty. Regardless of approval and issuance of Final Payment,

the Contract is not deemed fully performed by Contractor and closed until the expiration of all warranty periods. Issuance of Final Payment does not alter Contractor’s contractual obligations during the warranty period.

Article 13. Warranty and Guarantee

13.1 Contractor’s General Warranty and Guarantee. Contractor warrants to Owner that all

Work is executed in accordance with the Contract, complete in all parts and in accordance with approved practices and customs, and of the required finish and workmanship. Contractor further warrants that unless otherwise specified, all materials and equipment incorporated in the Work under the Contract are new. Owner may, at its option, agree in writing to waive any failure of the Work to conform to the Contract, 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, Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute and is not waived by any inspection or observation by Owner, A/E or others, by making any progress payment or final payment, by the use or occupancy of the Work or any portion thereof by Owner, at any time, or by any repair or correction of such defect made by Owner.

13.2 Warranty Period. Except as may be otherwise specified or agreed, Contractor

shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Substantial Completion of the Work. If Substantial Completion occurs by phase, then the warranty period for that particular Work begins on the date of such occurrence, or as otherwise stipulated on the Certificate of Substantial Completion for the particular Work.

13.3 Limits on Warranty. Contractor’s warranty and guarantee hereunder excludes

defects or damage caused by:

13.3.1 Modification or improper maintenance or operation by persons other than Contractor, Subcontractors, or any other individual or entity for whom Contractor is not responsible, unless Owner is compelled to undertake maintenance or operation due to the neglect of Contractor.

13.3.2 Normal wear and tear under normal usage after acceptance of the Work by

Owner.


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13.4 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 is absolute. None of the following will constitute an acceptance of defective 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:

13.4.1 Observations by Owner and/or A/E;

13.4.2 Recommendation to pay any progress or final payment by A/E;

13.4.3 The issuance of a certificate of Substantial Completion or any payment by

Owner to Contractor under the Contract Documents;

13.4.4 Use or occupancy of the Work or any part thereof by Owner;

13.4.5 Any acceptance by Owner or any failure to do so;

13.4.6 Any review of a Shop Drawing or sample submittal; or

13.4.7 Any inspection, test or approval by others.

13.5 Separate Warranties. If a particular piece of equipment or component of the Work for which the Contract requires a separate warranty is placed in continuous service before Substantial Completion, the warranty period for that equipment or component will not begin until Substantial Completion, regardless of any warranty agreements in place between suppliers and/or Subcontractors and Contractor. ODR will certify the date of service commencement in the Substantial Completion certificate.

13.5.1 In addition to Contractor’s warranty and duty to repair, Contractor expressly

assumes all warranty obligations required under the Contract for specific building components, systems and equipment.

13.5.2 Contractor may satisfy any such obligation by obtaining and assigning to

Owner a complying warranty from a manufacturer, supplier, or Subcontractor. Where an assigned warranty is tendered and accepted by Owner which does not fully comply with the requirements of the Contract, Contractor remains liable to Owner on all elements of the required warranty not provided by the assigned warranty.

13.6 Correction of Defects. Upon receipt of written notice from Owner, or any agent of

Owner designated as responsible for management of the warranty period, of the discovery of a defect, Contractor shall promptly remedy the defect(s), and provide written notice to Owner and designated agent indicating action taken. In case of emergency where delay would cause serious risk of loss or damage to Owner, or if Contractor fails to remedy within thirty (30) days, or within another period agreed to in writing, Owner may correct the defect and be reimbursed the cost of remedying the defect from Contractor or its surety.


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13.7 Certification of No Asbestos Containing Materials or Work. Contractor shall ensure compliance with the Asbestos Hazard Emergency Response Act (AHERA– 40 C.F.R § 763-99(7)) from all Subcontractors and materials suppliers, and shall provide a notarized certification to Owner that all equipment and materials used in fulfillment of their Contract responsibilities are non-Asbestos Containing Building Materials (ACBM). This certification must be provided no later than Contractor’s application for Final Payment.

Article 14. Suspension and Termination

14.1 Suspension of Work for Cause. Owner may, at any time without prior notice,

suspend all or any part of the Work, if after reasonable observation and/or investigation, Owner determines it is 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.

14.1.1 Owner will give Contractor a written notice of suspension for cause, setting

forth the reason for the suspension and identifying the Work suspended. Upon receipt of such notice, Contractor shall immediately stop the Work so identified. As soon as practicable following the issuance of such a notice, Owner will initiate and complete a further investigation of the circumstances giving rise to the suspension, and issue a written determination of the findings.

14.1.2 If it is confirmed that the cause was within the control of Contractor,

Contractor will not be entitled to an extension of time or any compensation for delay resulting from the suspension. If the cause is determined not to have been within the control of Contractor, and the suspension has prevented Contractor from completing the Work within the Contract Time, the suspension is an excusable delay and a time extension will be granted through a Change Order.

14.1.3 Suspension of Work under this provision will be no longer than is reasonably

necessary to remedy the conditions giving rise to the suspension.

14.2 Suspension of Work for Owner’s Convenience. Upon seven (7) days written notice to Contractor, 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 (30) days for its own convenience. Owner will give Contractor a written notice of suspension for convenience, which sets forth the number of suspension days for which the Work, or any portion of it, and the date on which the suspension of Work will cease. When such a suspension prevents Contractor from completing the Work within the Contract Time, it is an excusable delay. A notice of suspension for convenience may be modified by Owner at any time on seven (7) days written notice to Contractor. If Owner suspends the Work for its convenience for more than sixty (60) consecutive days, Contractor may elect to terminate the Contract pursuant to the provisions of the Contract.


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14.3 Termination by Owner for Cause.

14.3.1 Upon written notice to Contractor and its surety, Owner may, without prejudice to any right or remedy, terminate the Contract and take possession of the Site and of all materials, equipment, tools, construction equipment, and machinery thereon owned by Contractor under any of the following circumstances:

14.3.1.1 Persistent or repeated failure or refusal, except during complete or

partial suspensions of work authorized under the Contract, to supply enough properly skilled workmen or proper materials;

14.3.1.2 Persistent disregard of laws, ordinances, rules, regulations or orders

of any public authority having jurisdiction, including ODR;

14.3.1.3 Persistent failure to prosecute the Work in accordance with the Contract, and to ensure its completion within the time, or any approved extension thereof, specified in the Contract;

14.3.1.4 Failure to remedy defective work condemned by ODR;

14.3.1.5 Failure to pay Subcontractors, laborers, and material suppliers

pursuant to Tex. Gov’t Code, Ch. 2251;

14.3.1.6 Persistent endangerment to the safety of labor or of the Work;

14.3.1.7 Failure to supply or maintain statutory bonds or to maintain required insurance, pursuant to the Contract;

14.3.1.8 Any material breach of the Contract; or

14.3.1.9 Contractor’s insolvency, bankruptcy, or demonstrated financial

inability to perform the Work.

14.3.2 Failure by Owner to exercise the right to terminate in any instance is not a waiver of the right to do so in any other instance.

14.3.3 Should Owner decide to terminate the Contract under the provisions of

Section 14.3, it will provide to Contractor and its surety thirty (30) days prior written notice.

14.3.4 Should Contractor or its surety, after having received notice of termination,

demonstrate to the satisfaction of Owner that Contractor or its surety are proceeding to correct such default with diligence and promptness, upon which the notice of termination was based, the notice of termination may be rescinded in writing by Owner. If so rescinded, the Work may continue without an extension of time.


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14.3.5 If Contractor or its surety fails, after written notice from Owner to commence and continue correction of such default with diligence and promptness to the satisfaction of Owner within thirty (30) days following receipt of notice, Owner may arrange for completion of the Work and deduct the cost of completion from the unpaid Contract Sum.

14.3.5.1 This amount includes the cost of additional Owner costs such as A/E

services, other consultants, and contract administration.

14.3.5.2 Owner will make no further payment to Contractor or its surety unless the costs to complete the Work are less than the Contract balance, then the difference shall be paid to Contractor or its surety. If such costs exceed the unpaid balance, Contractor or its surety will pay the difference to Owner.

14.3.5.3 This obligation for payment survives the termination of the Contract.

14.3.5.4 Owner reserves the right in termination for cause to take assignment

of all the Contracts between Contractor and its Subcontractors, vendors, and suppliers. ODR will promptly notify Contractor of the contracts Owner elects to assume. Upon receipt of such notice, Contractor shall promptly take all steps necessary to effect such assignment.

14.4 Conversion to Termination for Convenience. In the event that any termination of

Contractor for cause under Section 14.3 is later determined to have been improper, the termination shall automatically convert to a termination for convenience under Section 14.5 and Contractor’s recovery for termination shall be strictly limited to the payments allowable under Section 14.5.

14.5 Termination for Convenience of Owner. 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 shall apply:

14.5.1 Owner will immediately notify Contractor and A/E in writing, specifying the

reason for and the effective date of the Contract termination. Such notice may also contain instructions necessary for the protection, storage or decommissioning of incomplete work or systems, and for safety.

14.5.2 Upon receipt of the notice of termination, 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:

14.5.2.1 Stop all work.

14.5.2.2 Place no further subcontracts or orders for materials or services.

14.5.2.3 Terminate all subcontracts for convenience.


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14.5.2.4 Cancel all materials and equipment orders as applicable.

14.5.2.5 Take action that is necessary to protect and preserve all property related to the Contract which is in the possession of Contractor.

14.5.3 When the Contract is terminated for Owner’s convenience, Contractor may

recover from Owner payment for all Work executed. Contractor may not claim lost profits on other work or lost business opportunities.

14.6 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 Contractor or Subcontractor or their agents or employees or any other persons performing any of the Work under a contract with Contractor, then Contractor may, upon thirty (30) additional days written notice to ODR, terminate the Contract and recover from Owner payment for all Work executed, but not lost profits on other work or lost business opportunities. If the cause of the Work stoppage is removed prior to the end of the thirty (30) day notice period, Contractor may not terminate the Contract.

14.7 Settlement on Termination. When the Contract is terminated for any reason, at any

time prior to one hundred eighty (180) days after the effective date of termination, Contractor shall submit a final termination settlement proposal to Owner based upon recoverable costs as provided under the Contract. If Contractor fails to submit the proposal within the time allowed, Owner may determine the amount due to Contractor because of the termination and pay the determined amount to Contractor.

Article 15. Dispute Resolution

15.1 Unresolved Contractor Disputes. The dispute resolution process provided for in Tex.

Gov’t Code, Ch. 2260 or Tex. Civ. Prac. & Rem. Code, Ch. 114, shall be used by Contractor to attempt to resolve any claim for breach of Contract made by Contractor that is not resolved under procedures described throughout the Uniform General Conditions, Supplementary Conditions, or Special Conditions of the Contract.

15.2 Alternative Dispute Resolution Process. Owner may establish a dispute resolution

process to be utilized in advance of that outlined in Tex. Gov’t Code, Ch. 2260 or Tex. Civ. Prac. & Rem. Code, Ch. 114.

15.3 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.

15.4 Nothing herein shall waive or be construed as a waiver of the State’s sovereign immunity.


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Article 16. Miscellaneous

16.1 Supplementary General and Special Conditions. When the Work contemplated by Owner is of such a character that the foregoing Uniform General Conditions of the Contract cannot adequately cover necessary and additional contractual relationships, the Contract may include Supplementary General and Special Conditions as described below:

16.1.1 Supplementary General Conditions may describe the standard procedures and

requirements of contract administration followed by a contracting agency of the State. Supplementary General Conditions may expand upon matters covered by the Uniform General Conditions, where necessary, provided the expansion does not weaken the character or intent of the Uniform General Conditions. Supplementary General 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.

16.1.2 Special Conditions shall relate to a particular Project and be unique to that

Project but shall not weaken the character or intent of the Uniform General Conditions.

16.2 Federally Funded Projects. On Federally funded projects, Owner may waive, suspend

or modify any Article in these Uniform General Conditions which conflicts with any Federal statue, rule, regulation or procedure, where such waiver, suspension or modification is essential to receipt by Owner of such Federal funds for the Project. In the case of any Project wholly financed by Federal funds, any standards required by the enabling Federal statute, or any Federal rules, regulations or procedures adopted pursuant thereto, shall be controlling.

16.3 Internet-based Project Management Systems. At its option, Owner may administer its

design and construction management through an Internet-based management system. In such cases, Contractor shall conduct communication through this media and perform all Project related functions utilizing this database system. This includes correspondence, submittals, Requests for Information, vouchers or payment requests and processing, amendment, Change Orders and other administrative activities.

16.3.1 Accessibility and Administration.

16.3.1.1 When used, Owner will make the software accessible via the Internet to all Project team members.

16.3.1.2 Owner shall administer the software.

16.3.2 Training. When used, Owner shall provide training to the Project team

members.

16.4 Administrative Inspections and Audits. Contractor agrees that all relevant records related to this Contract or any work product under this Contract, including practices of its Subcontractors, shall be subject, at any reasonable time, to inspection, examination, review, audit, and copying at any office or location of Contractor where such records


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may be found, with or without notice by the Texas State Auditor's Office ("SAO"), the contracting agency or its contracted examiners, or the Office of the Texas Attorney General, and with regard to any federal funding, the relevant federal agency, the Comptroller General, the General Accounting Office, the Office of the Inspector General, or any of their authorized representatives. All Subcontracts shall reflect the requirements of this section. In addition, pursuant to Tex. Gov’t Code§ 2262.003 the SAO may conduct an audit or investigation of any entity receiving funds under this Contract, including direct payments to Contractor and indirect payments under a Subcontract to this Contract; acceptance of such monies acts as acceptance of SAO authority, under legislative audit committee direction, to audit and investigate related to those funds and the entity subject to the audit or investigation must provide SAO with access to any information SAO considers relevant to the scope of the audit or investigation.

End of Uniform General Conditions

10/28/2015 www.wdol.gov/wdol/scafiles/davisbacon/TX94.dvb?v=1

http://www.wdol.gov/wdol/scafiles/davisbacon/TX94.dvb?v=1 1/4

General Decision Number: TX150094 08/21/2015 TX94

Superseded General Decision Number: TX20140094

State: Texas

Construction Type: Heavy

County: Galveston County in Texas.

HEAVY CONSTRUCTION PROJECTS Including Water and Sewer Lines(Does Not Include Flood Control)

Note: Executive Order (EO) 13658 establishes an hourly minimumwage of $10.10 for 2015 that applies to all contracts subjectto the Davis‐Bacon Act for which the solicitation is issued onor after January 1, 2015. If this contract is covered by theEO, the contractor must pay all workers in any classificationlisted on this wage determination at least $10.10 (or theapplicable wage rate listed on this wage determination, if itis higher) for all hours spent performing on the contract. TheEO minimum wage rate will be adjusted annually. Additionalinformation on contractor requirements and worker protectionsunder the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 01/02/2015 1 08/21/2015

* SFTX0669‐001 04/01/2015

Rates Fringes

SPRINKLER FITTER (Fire Sprinklers)......................$ 27.43 17.12‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ SUTX2005‐021 08/05/2005

HEAVY Including Water and Sewer Lines (Excluding Flood Control)

Rates Fringes

Carpenter......................$ 14.38 Cement mason/concrete finisher.........................$ 11.37 1.13 Electrician.....................$ 18.40 1.34 FORM BUILDER/FORM SETTER.........$ 13.35 1.17 IRONWORKER, REINFORCING..........$ 11.29 Laborers: Common......................$ 10.70 Landscape...................$ 7.35 Mason Tender Cement.........$ 9.96 Pipelayer...................$ 10.07



PIPEFITTER.......................$ 17.00 0.04 Power equipment operators: Excavator...................$ 16.74 Backhoe.....................$ 13.25 Bulldozer...................$ 14.00 Crane.......................$ 14.91 0.58 Front End Loader............$ 11.75 0.92 Grader......................$ 12.20 1.48 Tractor.....................$ 12.38 1.51 TRUCK DRIVER.....................$ 12.28 0.98‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

WELDERS ‐ Receive rate prescribed for craft performingoperation to which welding is incidental.

================================================================

Unlisted classifications needed for work not included withinthe scope of the classifications listed may be added afteraward only as provided in the labor standards contract clauses(29CFR 5.5 (a) (1) (ii)).

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

The body of each wage determination lists the classificationand wage rates that have been found to be prevailing for thecited type(s) of construction in the area covered by the wagedetermination. The classifications are listed in alphabeticalorder of "identifiers" that indicate whether the particularrate 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 enclosedin dotted lines beginning with characters other than "SU" or"UAVG" denotes that the union classification and rate wereprevailing for that classification in the survey. Example:PLUM0198‐005 07/01/2014. PLUM is an abbreviation identifier ofthe union which prevailed in the survey for thisclassification, which in this example would be Plumbers. 0198indicates the local union number or district council numberwhere applicable, i.e., Plumbers Local 0198. The next number,005 in the example, is an internal number used in processingthe wage determination. 07/01/2014 is the effective date of themost current negotiated rate, which in this example is July 1,2014.

Union prevailing wage rates are updated to reflect all ratechanges in the collective bargaining agreement (CBA) governingthis classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that



no one rate prevailed for this classification in the survey andthe published rate is derived by computing a weighted averagerate based on all the rates reported in the survey for thatclassification. As this weighted average rate includes allrates reported in the survey, it may include both union andnon‐union rates. Example: SULA2012‐007 5/13/2014. SU indicatesthe rates are survey rates based on a weighted averagecalculation of rates and are not majority rates. LA indicatesthe State of Louisiana. 2012 is the year of survey on whichthese classifications and rates are based. The next number, 007in the example, is an internal number used in producing thewage determination. 5/13/2014 indicates the survey completiondate for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until anew survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicatethat no single majority rate prevailed for thoseclassifications; however, 100% of the data reported for theclassifications was union data. EXAMPLE: UAVG‐OH‐001008/29/2014. UAVG indicates that the rate is a weighted unionaverage rate. OH indicates the state. The next number, 0010 inthe example, is an internal number used in producing the wagedetermination. 08/29/2014 indicates the survey completion datefor the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January ofeach year, to reflect a weighted average of the currentnegotiated/CBA rate of the union locals from which the rate isbased.

‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This canbe:

* 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 requestsfor summaries of surveys, should be with the Wage and HourRegional Office for the area in which the survey was conductedbecause those Regional Offices have responsibility for theDavis‐Bacon survey program. If the response from this initialcontact is not satisfactory, then the process described in 2.)and 3.) should be followed.

With regard to any other matter not yet ripe for the formalprocess described here, initial contact should be with theBranch 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 aninterested party (those affected by the action) can requestreview 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 theinterested party's position and by any information (wagepayment 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, aninterested party may appeal directly to the AdministrativeReview 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

Revised 10/99

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.)

PRE-CONSTRUCTION CONFERENCE

DATE: January 8, 2016

AGENDA

Virginia Point Wetland Protection Project

CEPRA Project No. 1596

I. Contract Administration

II. Contractor's Jobsite Requirements/Materials

III. Job Office

IV. Construction Progress Meetings

V. Progress Payments/Vendor Direct Deposit Authorization Form

VI. Subcontractor List, Material Suppliers and Project Schedule

VII. Historically Underutilized Business (HUB) Subcontractor Information

VIII. Submittals (products)

IX. Requests for Information (RFI)

X. Contract Changes (Change Orders)

XI. Engineer’s Supplemental Instructions (ESI)

XII. Time Extensions

XIII. Project Observations and Reports

XIV. Final Inspections

XV. Certificate of Substantial Completion

XVI. Final Acceptance of Work

XVII. Contract Warranty (not used)

XVIII. Safety

XIX. Prevailing Wage Schedule / Davis-Bacon Wage Rates

XX. Close-out Documents

XXI. Construction Materials Testing

XXII. Clean-Up

XXIII. Miscellaneous Items

XXIV. Overview of Work by A/E

XXV. General Discussion

XXVI. Attachments

Page 2 of 11

I. Contract Administration

The construction phase of the project will be administered in the following manner:

A. The Architect/Engineer (A/E) and the Owner’s Designated Representative (ODR)

for the Texas General Land Office (GLO) will administer the contract for the

State (the Owner).

B. The General Contractor should submit questions and correspondence concerning

the project directly to the A/E, with a copy to GLO, to the attention of the ODR.

The ODR will also respond to the General Contractor, when direct GLO

involvement is required, with a copy to the A/E.

1. A transmittal letter shall be used to transmit all materials between parties

(Attachment 1).

2. Include the GLO's project name and number on all correspondence

concerning the project.

II. General Contractor's Jobsite Requirements/Materials

The General Contractor shall maintain the following material on hand at the job-site,

for the Owner (GLO), A/E, and General Contractor's use.

1. Contract drawings and specifications.

2. As-built information on a separate set of contract drawings.

3. Copies of all approved Change Orders, Interim Change Authorizations (Field

Orders) if any, Correspondence, RFIs, ASIs, testing reports, etc.

4. Shop Drawings and Submittals.

5. Manufacturer’s Installation Instructions.

6. Daily manpower and activity reports, with copies to GLO weekly (submit the

following Monday for the previous week).

III. Job Office

Depending on the specified requirements of the project, if required or as may be

mutually agreed, the General Contractor shall maintain a job office and a telephone.

The General Contractor shall furnish the telephone number to the A/E, and GLO, as

soon as it is available.

Page 3 of 11

IV. Construction Progress Meetings

A. The A/E will administer and schedule Construction Progress Meetings for the

project. The purpose of these meetings will be to keep all concerned parties

informed of the progress, problems and changes in the project work.

Representatives of the A/E, Owner (GLO), General Contractor, requested or

required subcontractors and/or materials suppliers, and other concerned parties

shall be in attendance.

The time, date, and place of these meetings shall be as agreed upon by all parties.

Meetings are anticipated to be held at least once a month, or more frequently if

deemed necessary by the GLO and the A/E.

The General Contractor shall maintain and submit at the progress meeting its

Change Order Request, Change Order Log, RFI Log, and Submittal Log for

review.

B. Critical Trades involved in the project, if any, will be required to participate in a

pre-work meeting with the General Contractor, A/E, and GLO, prior to beginning

work. The meetings will be scheduled by the General Contractor.

V. Progress Payments/Vendor Direct Authorization Form

The General Contractor shall submit to the Owner for approval, a Schedule of Values

(Attachment 2, Part 2) showing the cost breakdown for specified work. The schedule

must breakdown the costs into material and labor for each line item for each activity

where applicable. By establishing the Schedule of Values in this manner, the A/E and

GLO will be able to better evaluate a Contractor’s prospective Purchase Voucher

(payment application). After approval by the A/E and the ODR, the cost breakdown

will be used by the General Contractor for each monthly payment application.

Any presentation of the Schedule of Values, other than the above-mentioned format,

will be rejected and returned to the Contractor. We require the submittal of the

Schedule of Values within ten (10) calendar days from the issuance of the Notice

to Proceed. If you have any questions, please contact the ODR for this project.

ODR’s name: Carla Kartman, Phone Number: (512) 463-3550.

The Purchase Voucher – Construction (Attachment 2) will be submitted monthly for

approval by the A/E and ODR. The following documents shall be attached:

1. A Schedule Update;

2. HUB Subcontracting Progress Assessment Report (See HUB

Subcontracting Plan for form)

Page 4 of 11

3. Construction Payment Affidavit (Attachment 3);

4. Time Change Order form (Attachment 4);

5. Wage rate notification forms;

6. Certified Payroll for Contractor and subcontractors

The Comptroller’s Vendor number required on the Purchase Voucher may be

obtained by calling the Comptroller of Public Accounts office at 1-800-531-5441 or

713-783-1665.

Monthly payments will be for the value of completed work for labor and material(s)

approved in place for that month, minus specified retainage. Payments may also be

made for materials stored on-site or in a bonded warehouse, when approved by the

A/E and Owner.

The General Contractor is to submit four (4) originals of the Purchase Voucher to the

A/E for approval. The General Contractor shall sign each copy with an original

signature.

Approved Change Orders will be added at the end of the Schedule of Values, in

numerical order, as the next listed work items.

The State will issue payment thirty (30) days after GLO receives the Contractor’s

Purchase Voucher, certified for payment by the A/E, and all required supporting

documents in good order pursuant to the “Prompt Payment Act.” The Comptroller of

Public Accounts will issue a warrant (check) to the GLO, which mails it to the

General Contractor. If the General Contractor selects to use the Vendor Direct

Deposit system, the GLO will deposit the funds to the General Contractor’s bank

account on the 30th day after receipt. Any incomplete Payment Application will be

returned to the General Contractor without processing.

If a vendor selects the Vendor Direct Deposit Authorization Form (Attachment 5),

they must submit the completed form to avoid any payment delays. Please read the

instructions for completing this form on the back of the form. Submit the completed

form to the following address:

Texas General Land Office

P.O. Box 12873

Austin, TX 78711-2873

Attn: Carla Kartman, Project Manager

VI. Subcontractor List, Material Suppliers and Project Schedule (Immediate information required from the General Contractor)

1. Furnish three (3) copies of information/resume on the Project Superintendent

immediately. Removal of approved Superintendent is never allowed without

Page 5 of 11

prior Owner approval.

2. Furnish three (3) copies of Subcontractors and Major Material Suppliers. This list

will include their address, telephone number, and the name of a contact person.

3. Furnish three (3) copies of the Schedule of Values within ten (10) calendar days

from the issuance of the Notice to Proceed.

4. Furnish three (3) copies of a Work Progress Schedule within fifteen (15) calendar

days from the issuance of the Notice to Proceed. The schedule shall show

projected times for the various items of work.

5. Furnish three (3) copies of the Submittal Schedule, correlated with the Work

Progress Schedule, which shows the dates the Contractor intends to make the

required submittals.

VII. Historically Underutilized Business (HUB) Sub-Contractor Information

In accordance with the GLO's policy of encouraging the use of HUBs in state

procurement, each State agency shall make a good faith effort to utilize HUBs in

contracts for construction, services, professional and consulting services, and

commodities purchases. Each agency may achieve the annual program goals by

contracting directly with HUBs or indirectly through subcontracting opportunities.

Therefore, any business that contracts with the State ("Contracting Party") shall be

required to make a good faith effort to award necessary subcontracts of the total

contract value.

Refer to Good Faith Effort Program as described on Article IV of the UGC.

Contractor shall prepare and submit the Progress Assessment Form monthly

with pay applications.

The HUB Subcontracting Plan (HSP) is a part of the construction Contract.

Changes to the HSP shall not be made without an approved Subcontracting Plan

Change Order with the required attachments.

VIII. Submittals (products)

1. The General Contractor will submit 4 copies for review by the A/E. Once

approved, the A/E will disburse the submittals by sending:

One (1) copy to GLO

One (1) copy to the General Contractor for the Owner, to be included in closeout

documents.

Page 6 of 11

___1___ copies for A/E use.

___1+___ copies for General Contractor Use

GLO may request one (1) additional copy, during construction, for its review to

expedite reviews and approval prior to the A/E returning approved copies to the

General Contractor. GLO review comments, when applicable, will be given to

the A/E at this time, during construction.

2. If and when reproducibles (Mylars, Sepias, etc.) are required, the General

Contractor will submit one (1) reproducible with the required submittals, using

blueline prints of the reproducible to create the submittals.

3. If and when samples are required, submit four (4) samples with cover sheets.

Two (2) samples are retained by the A/E, one (1) is to be returned to the General

Contractor, and one (1) is to be forwarded to the Owner.

4. The General Contractor will prepare and furnish GLO’s submittal cover sheet

(Attachment 6) with each copy of the submittal. The submittal cover sheet is to

be filled out, dated, and signed by the General Contractor. This cover sheet is to

be labeled by the General Contractor to show the specification section and

numerical order of the submittal (example: 15925-1, 15925-2). The appropriate

specification section is to be listed below the block.

5. The A/E will review and approve the submittal and indicate on all submittal

copies any notations and/or corrections deemed necessary to meet the

requirements of the Contract Documents.

If the A/E does not receive the required number of submittals, the A/E will

request additional copies before further distribution occurs.

IX. Request for Information (RFI)

All RFIs will be routed from the General Contractor to the A/E, with a status copy to

GLO. They will be routed from the A/E back to the General Contractor after the RFI

has been answered, with a copy to GLO. The A/E will provide his RFI form for the

General Contractor to use.

X. Contract Changes (Change Orders)

1. Requests from the Owner or A/E will be through GLO. Requests from the

General Contractor will be through the A/E, with a status copy to GLO.

2. Any work done by the General Contractor, which is a change to the Contract

Documents, must be approved by GLO – the project’s Owner and contracting

agency - through a Change Order or Interim Change Authorization. If the

General Contractor proceeds with the work without written approval from the

Page 7 of 11

GLO, the General Contractor will be responsible for the cost and associated delay

to the construction schedule, if any.

When a Change is Proposed:

1. The A/E will prepare a Side "A" (Change Order Request – Attachment 7) and

transmit the form to the General Contractor. The Architect's or Engineer’s seal

must be affixed to the Side A.

2. The General Contractor will complete Side "B" (Change Order Proposal

Evaluation – Attachment 8), providing a detailed labor and materials breakdown

of the proposed change. Attach any Sub-contractor's or Material Supplier's

detailed price quotations, and return the Change Request to the A/E with a status

copy to GLO. Any contract time extension request related to this Change Order

Request shall be indicated at the bottom of Side "B".

3. The A/E will review the proposal and if acceptable, will execute Side "C"

(Change Authorization – Attachment 9) and transmit to GLO for approval and

processing.

4. GLO will review the proposal and, if acceptable, complete the Side “D” (Change

Order – Attachment 10) and distribute copies to the General Contractor and A/E.

5. The General Contractor will add this Change Order amount to the end of the

Schedule of Values following approval by the GLO.

6. The General Contractor may proceed with the work before the Change Order

form is formally distributed as soon as the ODR issues a written Notice to

Proceed or an Interim Change Authorization to the General Contractor.

XI. Engineer’s Supplemental Instructions (ESI)

When deemed necessary, the A/E may issue a change to the Contract Documents

which does not change the contract amount or time. Copies of this change shall be

given to GLO. Record these changes on the “as-built” drawings.

XII. Time Extensions

A Time Change Order form (Attachment 4) is being supplied for extension of

contract time due to conditions, which in the opinion of the A/E and the ODR, qualify

for a time extension only. The Time Change Oder form shall be submitted with

the Contractor’s monthly payment application even if no time extension is

requested that month (in such case, Contractor may so signify by entering “zero

days requested for this month” on the form. Send only the original copy of this

form for approval and routing to the A/E.

Page 8 of 11

Note: Time extension as a result of changes in the scope of work is provided for on

the standard 4-part Change Order form; therefore, do not submit a Time

Change Order form for standard change order work. The Time Change Order

form is intended, for instance, for delays caused by adverse weather

conditions.

Indicate date(s) and reason(s) for the delay(s) on the form, and/or accompanying

documents and sign. The General Contractor should attach any collaborating

information that would further explain the request for the Time Extension and assist

the A/E and ODR in expediting approval of the Time Extension.

XIII. Project Observations and Reports

The A/E is to issue field observation reports after each visit to the job site. The

reports are to describe the weather conditions, the quality and quantity of work,

progress as compared to the General Contractor's progress schedule, trades working,

and any other pertinent information.

GLO may issue reports when appropriate. Copies of these reports will be sent to the

A/E and General Contractor.

XIV. Final Inspection(s)

The General Contractor, after all work is completed, is to inform the A/E that he has

inspected the work and the project is ready for Substantial Completion inspection.

The A/E is to inspect the work and create a punchlist of discrepancies found at the

job. The A/E is to issue this punchlist to the General Contractor and GLO.

When the A/E and the General Contractor agree that all discrepancies have been

completed, the A/E will notify GLO that the project is ready for a Final Inspection.

GLO will schedule an inspection date and time that is suitable for all parties.

At the final inspection, GLO and/or the A/E will record all discrepancies that are to

be corrected by the General Contractor before the Owner accepts work as complete.

A copy of this inspection report will be issued to all parties.

XV. Certificate of Substantial Completion

The A/E will issue a Certificate of Substantial Completion whenever GLO and the

A/E jointly agree that the work is substantially complete in accordance with the

Uniform General Conditions.

XVI. Final Acceptance of Work

After the A/E and/or GLO have determined that all Final Inspection discrepancies

have been completed and all required closeout Documents have been received and

Page 9 of 11

approved by the A/E and GLO, final payment can be made to the General Contractor.

Note: the Contractor shall complete the top portion of the Final Payment Checklist

(Attachment 11) and submit with the final, retainage payment application.

XVII. Contract Warranty

One year warranty from the date of substantial completion on all work against defects

in materials, equipment, or workmanship (refer to Division I Section 01 00 00

Part1.16 of the Project Manual)

XVIII. Safety

The General Contractor is reminded that the contract work is to be performed in a

safe manner, as outlined in the Uniform General Conditions. If required, a Trench

Safety Plan must be prepared before excavation begins.

XIX. Prevailing Wage Schedule/Davis-Bacon Federal Wage Rates

The General Contractor must pay no less than the minimum wage listed in the

Specifications. Failure to pay the minimum wage can result in a fine and/or

withholding of funds. A copy of the Prevailing Wage Schedule or Davis-Bacon

Wage Rates should be available at the job-site during construction.

Note: The Contractor shall furnish wage rate notification forms and complete

certified payroll records, for its own forces and subcontractors, to GLO as a part

of the required supporting documents for the Contractor’s application for

payments in accordance with the Uniform General Conditions, Sections 2.2.1

and 2.2.3, respectively.

XX. Close-out Documents

The General Contractor shall keep a separate set of contract documents (drawings and

specifications) at the job site, and record all changes to the contract work. At the

completion of the project, these documents shall be turned over to the A/E for use in

preparing “as-built” records for the GLO.

The General Contractor is also to furnish the following:

1. One complete set of submittals, which was kept by the General Contractor for the

Owner, is to be transmitted to GLO through the A/E. The submittals must be

arranged in the proper order in accordance with the Submittal log.

2. Final surveys of completed marsh mound features and dredged borrow site.

3. Acceptance aerial photograph.

Page 10 of 11

All of this material, and any required closeout documents not specifically listed

above, should be transmitted to the A/E at one time for review and approval. The

A/E will then transmit this material to the GLO.

XXI. Construction Material Testing

The routine testing of materials will be done in accordance with the technical

specifications by the Contractor unless otherwise noted. The following bulleted items

represents material that will be tested by the Contractor unless otherwise noted in the

technical specifications. Please refer to the technical specifications for more

information on the specific item.

Geotextile fabric, Division 2, Section 02 05 19.13, Part 2.2

Shoreline protection stone, Division 35, Section 35 31 00, Part 2.7

XXII. Clean Up

The Project shall be kept clean at all times. The General Contractor shall remove

trash and debris resulting from their work from the project site on a daily basis.

XXIII. Miscellaneous Items

1. The ODR will furnish electronic files of the attachments identified in this

document (forms) for the Contractor’s use.

2. A U.S. Army Corps of Engineers, Individual Permit (SWG-2013-00477) has been

obtained for this project by Scenic Galveston, Inc.

3. The ODR will issue a Notice To Proceed to the Contractor on or after the pre-

construction conference, with a project start date to be determined.

XXIV. Overview of Work by A/E

XXV. General Discussions

XXVI. Attachments

Examples of the following attachments are available in the Project Manual. The

GLO’s ODR can provide electronic copies of these attachments to the Contractor

upon request.

1. Transmittal Letter

2. Purchase Voucher – Construction & Schedule of Values

3. Construction Payment Affidavit

4. Time Change Order

5. Vendor Direct Deposit Authorization Form

6. Submittal Cover Sheet

Page 11 of 11

7. Architect’s Change Order Request (Side A)

8. Contractor’s Change Order Proposal Evaluation (Side B)

9. Architect’s Reason & Justification (Side C)

10. Change Order (Side D)

11. Final Payment Checklist

Transmittal Letter Revised 01/08

Transmittal Letter

To: Date:

GLO/VLB Project Number:

Attention: If enclosures are not as noted, please notify our office.

If checked below, please: If checked below, please:

( ) Acknowledge receipt of enclosures. Acknowledge receipt of enclosures. ( ) Return enclosures to us. Return enclosures to use.

We Transmit: ( ) under separate cover via herewith under separate cover via in accordance with our request

For Your : ( ) distribution to parties ( ) information approval distribution to parties information review & comment record use

The Following: ( ) specifications ( ) change order drawings specifications change order shop drawings product literature samples correspondence

Copies Date Number Description

Remarks:

Copies to: (with enclosures) By:

Agency No.

305

Invoice Date

I do hereby certify that I am

Date

GLO/VLB Contact Name Phone No.

AGENCY CERTIFICATION

Date

DATE APPROVED FOR

PAYMENT

By:

(circle one)

Send to USAS Batch #

DT Source Code

YES Entered by

Amount

PCC

NO Date

Encumbrance No C Req # Order Date Invoice # Received Date AY Agency Fund Object Class Org Code

Amount Request Payment Date

Prepared by: Date: Approved by: Date:

Remittance Vendor ID

PRICES ABOVE ARE APPROVED

Name

I further certify that the attached invoice is correct and that it

corresponds in every particular with the supplies and/or

Title

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.

By:

Architect/Engineer

Name Title

Signature

(Title of person certifying)

(Name of payee company/claimant)

services contracted for. I further certify that the account is

true, correct and unpaid.

and that I am duly authorized to make this certification for and on behalf of

From:

Voucher Amount

To:

ARCHITECT/ENGINEER CERTIFICATION

TOTAL RETAINAGE TO DATE …………………….…………………………………………………………………………………………………………………..

Contract Date

Texas General Land Office/Veterans

Land BoardPay to: (name, address, city state, ZIP code Period Covered

Invoice No.

EXTRAS ORDERED ………………………………………………………………………………………………………………………………………………………….

DESCRIPTION AMOUNTS

ORIGINAL CONTRACT ……………………………………………………………………………………………………………………………………………………

DEDUCTIONS ORDERED ……………………………………………………………………………………………………………………………………………….

TOTAL ……………………………………………………….…………………………………………………………………………………………………………………..

TOTAL PREVIOUSLY APPROVED …………………………………………………………………………………………………………………………………

TOTAL EARNED LESS RETAINAGE …………………………...…………………………………………………………………………………………………

Agency Voucher No.GLO/VLB Pay Voucher, revised 01/08

GLO/VLB Project Number

STATE OF TEXAS PURCHASE VOUCHER - CONSTRUCTION

Agency NameComptroller's Vendor No.

Interest Override Description (includes vendor account#)Payment Due Date

Descriptive / Legal Text

TOTAL AMOUNT EARNED TO DATE …………….……………………………………………………………………………………………………………….…

TOTAL NET CONTRACT …………………………………………………………………………………………………………………………………………………

AMOUNT DUE THIS STATEMENT …………………………………………………………………………………………………………………………………

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.

Warrant / Direct Deposit #

Date Paid

FOR FISCAL USE ONLY

Name Title

Name Title

Continuation Sheet - Schedule of Values

Application Number:

to:

A C D E F H I

From

Previous

Application

(D+E)

This

Period

Balance to

Finish (C-

G)

Retainage% (C-G)

Total

Completed

and Stored

to Date

(D+E+F)

Item No.

Period from:

GBWork Completed Materials

Presently

Stored

(Not in D

or E)

Scheduled

ValueDescription of Work

Revised 01/08

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 , is (Name) (Title)

of (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

Texas General Land Office/Veterans Land Board

Construction Services, Suite 700

1700 N. Congress Avenue

Austin, Texas 78701

Phone: (512) 936-2239 GLO CONTRACT NO.

GLO/VLB PROJECT NO.

ARCHITECT/ENGINEER CONTRACTOR

Firm Name Firm Name Project Title

Address Address Project Site

City & State City & State Agency

Contract Date Work Order Date Original Contract Period Original Completion Date

NOTE TO CONTRACTOR: List all time periods for which the request Change Request No. Change Order No.

is being made. Give the month and days in each period and the Architect/Engineer By GLO/VLB

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 Date

Texas General Land Office/Veterans Land Board: EXTENSION RECOMMENDED

Calendar days

Original contract period

Previous extensions Architect/Engineer Date

Current contract period

Amount of this request Project Manager Date

NEW CONTACT PERIOD

Original completion date Deputy Commissioner - Program Area Date

Current completion date

NEW COMPLETION DATE APPROVED

Chief Clerk, GLO Date

T-

FOR TIME EXTENSIONS ONLY

CHANGE ORDERTIME

74-176 (Rev.1-11/10)

Vendor Direct Deposit / Advance Payment Notifi cation Authorization 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

Transaction Type

For Comptroller’s Use Only

For State Agency Use

Advance Payment Notification International Payments Verification Interagency Transfer

SE

CTI

ON

1

New setup (Sections 2, 3, 4 and 5 - Section 6 is optional) Change account type (Sections 2, 3, 4 and 5 - Section 6 is optional)

Change fi nancial institution (Sections 2, 3, 4 and 5 - Section 6 is optional) Cancellation (Sections 2 and 4 - Sections 7 and 8 for state agency use)

Change account number (Sections 2, 3, 4 and 5 - Section 6 is optional)

Payee Identification Social Security Number (SSN) or Mail code Employer Identification Number (EIN) (If not known, leave blank.)

Payee name (Business/Individual) Phone number

Mailing address City State ZIP code SE

CTI

ON

2

( ) ext.

Financial Institution (Completion by financial institution is recommended.) Financial institution name City State

Routing transit number (9 digits) Customer account number (maximum 17 characters) Type of account

Checking Savings Financial representative name (optional) Title (optional)

Financial representative signature (optional) Phone number (optional) Date (optional)

SE

CTI

ON

3

( ) ext.

Authorization for Setup, Changes or Cancellation (required)

SE

CTI

ON

4

Authorized signature Printed name Date

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 fi nancial institution.)

International Payments Verification (required)

SEC

5

Will these payments be forwarded to a financial institution outside the United States? ......................................................... YES NO

Authorization for Advance Payment Notifi cation Setup (optional)

SE

CTI

ON

6

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

Cancellation by Agency (for state agency use)

SEC

7 Reason Date

Authorized Signature (for state agency use) Signature Date

Phone number Agency number

Agency name

Comments

SE

CTI

ON

8

( ) ext.

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

Please return your completed form to:

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.

Revised 01/08

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 Date

ARCHITECT/ENGINEER 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 Date

RECEIVED GLO/VLB Division File

By GLO/VLB Date

COMMENTS

By Date

ARCHITECT'S or ENGINEER'S

TO: Contractor CHANGE ORDER REQUEST ADate

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

TO: Architect / Engineer CONTRACTOR'S

REF: SEE form D

Date CHANGE ORDER PROPOSAL

EVALUATION B

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 GLO/VLB Project No.

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.)

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

TO : Texas General Land Office/Veterans Land Board ARCHITECT'S or ENGINEER'sDate

REASON & JUSTIFICATION C

REF: See form D

GLO/VLB PROJECT NO.

The Change Order Documents are presented for your consideration and approval CHANGE REQUEST NO.

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.

Texas General Land Office/Veterans Land Board

Construction Services, Suite 700 CHANGE ORDER D1700 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 City & State Agency

Contract Date Work Order Date Original Contract Period Original Completion Date Change Request No.

TO Change Order Number

Contractor

Your CONTRACTOR'S CHANGE PROPOSAL ORIGINAL CONTRACT. . . . . . . . . . . $

on the subject describes in brief as

Previous Additions $

This Change Add $

TOTAL ADDITIONS . . . . . . . . . . . . $

has been reviewed by the persons whose

signatures are affixed hereon and is hereby Previous Deductions $

approved effective immediately for incorp-

oration into the work. Accordingly, this This Change Deduct $

approval validates your CONTRACTOR'S

CHANGE PROPOSAL which is attached TOTAL DEDUCTIONS . . . . . . . . . . $

hereto and together form the CHANGE

ORDER. Pursuant to the change being TOTAL NET CONTRACT . . . . . . . . $

accomplished, the total sum will be altered as

shown hereon. 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 Reviewed by program area and approval is recommended

undersigned and are recommended for approval. (please initial):

Project Manager

Date

Team Leader

Program Area - Deputy Commissioner

Division Director

Budget or Funds Management

Finance Director

Project Manager

Revised 01/08

Warranty Transmittal Letter

To: Texas General Land Office/Veterans Land Board Construction Services 1700 N. Congress Ave., Suite 700 Austin, Texas 78701-1496 From:

Project Number:

Project Name:

As required by the GLO/VLB, the closeout information for the above-referenced project is as follows: Substantial Completion Date:

(Attach a copy of the Certificate of Substantial Completion) A listing of the warranties provided by the Contractor, as required by the Contract Documents:

Warranty Date Ends Length of Warranty

(If more space is needed, please attach additional sheet.) A listing of Subcontractors and Material Suppliers, with contact person's name and phone number. (Please attach additional sheet.)

ATTACHMENT # 12

Revised 01/08

TEXAS GENERAL LAND OFFICE/VETERANS LAND BOARD

FINAL PAYMENT CHECKLIST GLO/VLB Project No.: Project Name: ____

Location: ____

I. 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

October 2015

DIVISION 1

GENERAL REQUIREMENTS

October 2015 01 00 00-Page 1 of 8

DIVISION I – GENERAL REQUIREMENTS

SECTION 01 00 00 – SPECIAL CONDITIONS

PART 1 – GENERAL

1.1 RELATED DOCUMENTS

Drawings and general provisions of Contract, including Uniform General and Supplementary

General Conditions and other Division I specification sections, apply to work of this section.

1.2 DESCRIPTION OF WORK

Refer to Division I, Section 01 10 00, Summary.

1.3 INQUIRIES

All inquiries regarding the Contract Documents, including any apparent discrepancies thereto, shall

be directed to the Architect/Engineer (A/E):

AECOM

ATTN: Chris Levitz, PE

19219 Katy Freeway, Suite 100

Houston, TX 77094

Tel: 281-646-2400

Fax: 281-646-2401

E-mail: [email protected]

1.4 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 the Request for Proposals.

1.5 INTENT OF THE CONTRACT DOCUMENTS

A. The intent of the Contract Documents is to include all of the work awarded for the contract price

and within the contract time. Contract Documents are to be considered as cooperative. All work

not specified and/or not shown on the drawings but which is necessary for the completion and/or

functioning and operation of the project, shall be understood and implied as part of the contract to

be performed by the Contractor for the contract price. Such work shall be executed by the

Contractor in the same manner and with the same character of material as other portions of the

contract without extra compensation.

B. It is the intention of the Contract Documents to call for finished work, tested, and ready for

operation.

1. Any apparatus, material or work described in the Contract Documents and any incidental

accessories necessary to make the work complete in all respects and ready for operation (even

though not particularly specified) shall be furnished, delivered, and installed by the Contractor

without additional expense to the Owner.

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2. Minor details not usually shown or specified but necessary for proper installation and

operation are included in the work just as if herein specified or shown.

C. The agreement and each of the Contract Documents are complementary; and they shall be

interpreted so that what is called for by one shall be as binding as if called for by all. Should the

Contractor observe conflicts in or omission from the Contract Documents, Contractor shall bring

them to the A/E’s attention for decision, inclusion and revision as soon as possible after originally

observed. Regardless, such work shall be performed and furnished by the Contractor in

accordance with accepted construction industry practices. In the event of duplications or conflicts

in the Contract Documents after the contract has been executed, the greater quality and/or the most

expensive method of work, materials and equipment shall be construed as the requirement, with a

credit for all costs saved accruing to the Owner in the event the least expensive method of work is

directed. A duplication of work is not intended by the contract documents and any duplication

specified shall not become a basis for extra cost to the Owner. Technical 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 A/E for instructions prior to

proceeding with the work. In the event of conflict between the Special Conditions and the Uniform

General and Supplementary Conditions, the following priority order shall apply in resolving such

conflicts: Special Conditions and then Uniform General and Supplementary Conditions.

D. The drawings consist of all project drawings and any drawings issued by addenda. In all cases,

measured dimensions taken at the site shall take precedence over scale dimensions.

1.6 ADDENDA

Any addenda issued in writing by the A/E during the proposal period shall be included in the

proposal and Respondent’s receipt of addenda shall be acknowledged in the Contractor’s Proposal

form. Such addenda shall become a part of the contract and shall modify the Contract Documents

accordingly. Oral changes in the work made during the proposal period will not be binding.

1.7 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.

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 in

such cases where the Contract Documents exceed them in quality of materials or labor, then the

Contract Documents shall be followed.

1.8 INSURANCE REQUIREMENTS

Refer to Article VI, Uniform General and Supplementary Conditions. Insurance requirements are

independent of all other obligations of the Contractor pursuant to these Contract Documents and

apply whether or not required by any provision of the contract documents. Contractor shall cease

work immediately upon the expiration of any insurance coverage required by the Contract

Documents. Contractor shall provide the following additional insurance coverage:

1. U.S. Longshore and Harbor Workers’ Insurance – Statutory amount in compliance with the United

States Longshore and Harbor Workers’ Act.

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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.

1.9 PERFORMANCE AND PAYMENT BONDS

Article 5.1.5, Uniform General and Supplementary Conditions is amended to require that all

performance and payment bonds be executed by sureties which are licensed to do business in the

State of Texas and which are included in the list of companies in the current U. S. Department of

the Treasury Circular 570, “Companies holding Certificates of Authority as Acceptable Sureties

on Federal Bonds and Acceptable Reinsuring Companies”, Sections 9304 through 9308 of Title 31

of the U. S. Code Annotated.

1.10 PRECONSTRUCTION CONFERENCE AND PROGRESS MEETINGS

Refer to Division I, Section 01 31 00, Project Management and Coordination.

1.11 SUBMITTALS

Refer to Article XI in “Uniform General and Supplementary Conditions”.

1.12 QUALITY ASSURANCE

A. The Owner and A/E 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

A/E 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 A/E of any responsibility for their safety and

accept complete responsibility for any unsafe acts or procedures which may cause them harm.

B. If the Owner or A/E 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.

1.13 PROGRESS PAYMENTS

Refer to Article XIII, Uniform General and Supplementary Conditions and Division I, Section 01

20 00, Price and Payment Procedures.

1.14 CONTRACT COMPLETION

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A. Contract Period: This contract shall 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.

1. Unless specifically stated as “working day,” the term “day” or “calendar day” shall mean every

day of the calendar year. Along with the work progress schedule, the Contractor shall submit

his schedule for normal working days.

2. Claims for extension of time shall be made in accordance with the provisions of Article XXIV,

Uniform General and Supplementary Conditions.

B. Liquidated Damages: The Owner has determined that the timely completion of the work in this

contract is critical to the agency, 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 $ 500.00 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

substantial completion as established by the Owner.

1.15 CONTRACT CLOSE-OUT

A. Notification: The Contractor shall provide the Owner and A/E 10 days' written notice requesting

the closing inspections. Refer to Article XIV, Uniform General and Supplementary Conditions.

B. Final Submittals: At the time of the Contractor’s request for substantial completion inspection,

Contractor shall provide to Owner the following material which the Contractor shall have

accumulated and retained during the course of the project:

1. One set of all project submittals and all equipment and material warranties/guarantees as

provided by all appropriate suppliers or manufacturers.

2. One set of “record drawings” showing all revisions to the original Contract Documents.

3. Any and all other documents, keys, manuals, etc. required by the specifications.

C. Clean-up: At completion of the job, the Contractor shall remove all waste products, dust, dirt,

debris, packaging, trash, 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.

D. Final Payment: Contract final acceptance and payment shall be per Article XVI of the Uniform

General and Supplementary Conditions. The Contractor’s final payment application shall include

all items listed on the GLO Final Payment Checklist, Item I – Contractors, that is bound in this

Project Manual.

1.16 CONTRACTOR’S RESPONSIBILITY DURING THE WARRANTY PERIOD

A. Warranties: The Contractor shall guarantee all work against defects in materials, equipment, or

workmanship for a period of one year from the date of substantial completion. The Contractor

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shall also provide any additional warranties and guarantees of work items and components as

hereinafter specified. Refer to Article XVII, Uniform General and Supplementary Conditions.

B. Correction of Defects: The Contractor will receive no additional compensation for work performed

during the one year warranty period. Refer to Article 17.2, Uniform General and Supplementary

Conditions.

1.17 STANDBY TIME PROVISIONS

A. At any time during the contract performance period, the Owner may terminate the contract for

unforeseen causes. However, in lieu of terminating the contract, the Owner may opt to issue a

temporary stop work order and activate standby time provisions.

B. If activated, standby time will be paid to the Contractor based on actual rental rates of equipment and

labor rates of personnel on site during that time, or based on the stated rates on the Contractor's Proposal

form, whichever is less.

C. The Owner reserves the right to activate, or not to activate, standby time provisions, as it deems

appropriate. Activation must be in form of a change order to the contract.

1.18 MEASUREMENT AND PAYMENT

Temporary measures included in the item shall not be measured for payment but shall be included

in the Contractor’s mobilization and demobilization cost for the project.

PART 2 – PRODUCTS

2.1 CONSTRUCTION MATERIALS

A. Materials: All materials shall be new and of the quality specified. Materials shall be free from

defects. Where manufacturer’s names are mentioned in the specifications, it has been done in order

to establish a standard of quality and construction, not to preclude the use of approved substitutes.

However, substitutions must have A/E’s prior approval. Unless otherwise indicated in the

specifications or drawings, equipment and material shall be installed in accordance with the

manufacturer’s recommendations and shall include such tests as manufacturer recommends.

B. Storage and Protection of Materials: All materials shall be suitably stored to be protected from

damage. Materials shall be stored to permit easy access for inspection and identification. Any

material which has deteriorated, become damaged or otherwise unfit for use shall not be used in the

work (as judged by the A/E). Upon completion of all work, or when directed, the Contractor shall

remove storage facilities from the site.

PART 3 – EXECUTION

3.1 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: The Contractor shall not allow trash or debris to accumulate on the site. At the

end of the contract, Contractor shall clean the entire area of any litter resulting from Contractor's

October 2015 01 00 00-Page 6 of 8

operations. The Contractor shall maintain the premises as clean and presentable as good

construction practices will allow at all times.

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. Employee Records: The Contractor and each subcontractor shall keep, or cause to be kept, on the

jobsite an accurate record showing names and occupations of all laborers, workmen and mechanics

employed by Contractor in connection with the project and the sum per hour paid in dollars and

cents. The Owner shall be allowed to inspect such records pursuant to V.T.C.A., Gov. Code,

Section 2258.024.

E. 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.

F. Fire Protection: The Contractor shall take stringent precautions against fire. Open fires are not

allowed unless approved in writing by Owner.

3.2 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.

3.3 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.

3.4 SITE PHYSICAL DATA

Information furnished below is for the Contractor’s review. However, it is expressly understood

that the Owner and A/E are not responsible for any interpretation or conclusion drawn therefrom

by the Contractor. The Owner and A/E 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.

1. Tidal Conditions: Under ordinary conditions, the tidal range is about 1 ft. However, the height

of tide is largely dependent on the force, direction, and duration of the wind. Strong southerly

winds may raise the water surface. Similarly, strong northerly winds may depress the water

surface.

2. Marine Conditions: In addition to tidal fluctuations and current velocities mentioned herein, the

water at the project site may at times be rough. Again, the contractor should familiarize himself

with the extreme conditions that might be expected throughout the duration of this project.

3. Current: Strong currents may at times exist in and adjacent to the project site.

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4. Groundwater: Subsurface groundwater conditions and elevations may change. Changes in

groundwater elevations shall not be just cause for increased compensation.

3.5 PROTECTION OF SITE

A. The Contractor is notified that construction will occur adjacent to 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,

sensitive vegetation and identified oyster reefs. A buffer distance of 50 feet is to be maintained from

identified oyster reefs at all times. Unauthorized damage to any existing utilities, building facilities,

structures, or plant life shall be repaired to their original conditions by the Contractor at no expense to

the Owner.

B. Utility locations have not been field verified. It shall be the Contractor’s responsibility to verify the

condition of existing utilities and locations thereof prior to submitting their proposals.

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. Refer to

Section 02 23 20, Clearing and Removal of Debris.

D. The drawings show the locations of all known surface structures pertinent to the work. The locations of

surface and subsurface features shown on the drawings 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 drawings, their location is not guaranteed. The Owner or

A/E assumes no responsibility for failure to show any or all of these structures on the drawings or to

show them in their exact location. Failure to show these in the Contract Documents 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. It is assumed that as

elsewhere provided the Contractor has thoroughly inspected the site, is informed as to the correct location

of surface structures, has included the cost of such incidental work in the price proposal, and has

considered and allowed for all foreseeable incidental work due to variable subsurface conditions, whether

such conditions and such work are fully and properly described on the drawings or not. Minor changes

and variations of the work specified and shown on the drawings shall be expected by the Contractor and

allowed for as incidental to the satisfactory completion of a whole and functioning work or improvement.

E. Primary access to the Site shall be by barge. Secondary land-based access may be coordinated as needed

with the Site Owner. The Contractor is responsible for restoring the construction entrance and haul

routes to original condition or better after completion of the project. Access to the sensitive marsh area at

the northernmost entrance of the Site is restricted.

F. The Contractor is responsible for selecting a temporary stockpile location and must submit the stockpile

location to the Contracting Officer for approval prior to start of construction.

3.6 MISPLACED MATERIAL

Should the Contractor, during the progress of the construction, lose, dump, throw overboard, sink, or

misplace any material, plant, machinery or appliance, which in the opinion of the A/E may be dangerous

to 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

October 2015 01 00 00-Page 8 of 8

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).

3.7 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.

3.8 VEHICLE TRAFFIC

Sufficient traffic control measures must be used to assure a safe condition and to provide a minimum of

inconvenience to motorists and the public. The Contractor will be required to schedule his operations so

as to cause minimum adverse impact on the accessibility of the Site.

3.9 LAYOUT OF WORK AND SURVEYS

Surveying activities shall be in accordance with Section 02 21 13, Site Surveys.

3.10 ARCHEOLOGICAL MONITORING

The Antiquities Code of Texas, established by Article 6145-9 of Vernon’s Texas Civil Statutes,

applies to this project. Violations of the Code are subject to penalties as provided by the Code.

Copies of the Code may be obtained from the Texas Antiquities Committee, P. O. Box 12276,

Austin, Texas.

3.11 UNDERGROUND OBSTACLES

A. 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 to

original condition by the Contractor at no cost to the owner. Any delay or extra cost to the Contractor

shall not constitute a claim for extra work, additional payment, damages, or extra time.

3.12 RECORD DRAWINGS

A. 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. Progress payments will not be made to the

Contractor unless such records are maintained.

B. “Record Drawings” shall be turned over to the A/E at the completion of the project. Final payment

will not be made until "Record Drawings" have been received and accepted by the Owner and/or

A/E.

END OF SECTION

October 2015 01 10 00-Page 1 of 4


SECTION 01 10 00 – SUMMARY

PART 1 – GENERAL

1.1 SECTION INCLUDES

A. General Description

B. Summary of Work

C. Definitions

D. Project Schedule

E. Owner Provided Equipment

F. Project Coordination and Jobsite Administration

G. Applicable Codes

H. Measurement and Payment

I. Workmanship

1.2 GENERAL DESCRIPTION

The objective of the project is to construct a breakwater using riprap stone and toe protection stone to

stabilize the shoreline as outlined in Section 1.3 below.

1.3 SUMMARY OF WORK

The general scope of work for this subcontract includes for the complete civil construction of the

Virginia Point Wetland Protection Project located along I-45 at Virginia Point, at the convergence of

Galveston Bay and West Bay in accordance with drawings and technical specifications prepared by

Project Manager. Contractor shall be responsible for providing all supervision, labor, equipment, small

tools, temporary facilities, fuel, mats, security, and all other required means for constructing the project

utilizing imported riprap and toe protection stone.

A. The summary of work includes the construction of near-shore segmented rock breakwaters (Types “A”

and “B”) parallel to the Virginia Point shoreline, extending approximately 11,000 feet. The project work

will include the Base Bid construction of breakwaters “A1” – “A17” and “B1” – “B44,” as well as an

Optional Additive I construction of revetment “R1”.

October 2015 01 10 00-Page 2 of 4

The project work will include, but is not necessarily limited to, the following items:

1. Contractor mobilization and demobilization, including all required permits for moving equipment in

and out. Contractor shall be responsible for traffic control and flagging as required. Contractor shall

be responsible for all equipment fueling operations including contingencies and emergency response

measures in association with potential spills. Any and all environmental impairment as a result of

these operations shall be the sole responsibility of the contractor.

2. Refurbishment of any access routes damaged by construction activities or required for this

construction.

3. Removal and disposal of debris along the Virginia Point shoreline if necessary.

4. Installation of riprap to a crest elevation of 3.00 feet (NAVD88) in accordance with the Project

Plans and Specifications.

5. Installation of toe protection stone on the bayside of each breakwater in accordance with the Project

Plans and Specifications.

6. Installation of toe protection stone to serve as a Stone Sill in between designated breakwaters.

7. Building of a temporary construction road that will be reshaped to become the offshore Breakwater

B as shown in Project Plans and Specifications.

8. Repair of existing access roads, as required, to facilitate the movement of necessary materials from

the stockpiles to Virginia Point Shoreline.

9. The Contractor shall perform preconstruction and construction surveys for the project. Should

project or portion of the project require re-certification as a result of project non-compliance,

CONTRACTOR shall bear cost for re-certification surveying.

10. Preparation of construction documentation/as-built drawings.

B. Work Covered by Contract Documents:

The Contractor shall furnish all superintendents, labor materials, tools, machinery, plant equipment,

apparatus, appliances and means of construction and all other things necessary thereto, including fuel,

electric light, power and water, except as particularly specified hereinafter to the conformity in all

respects with the plans, specifications and contract for the work as above described to the entire

satisfaction of the Owner.

C. Protection of Adjoining Premises: Contractor shall be liable for any damage occasioned to adjoining

premises.

D. Protection of Wildlife: Contractor shall ensure construction activities do not adversely impact existing

oyster reefs and other wildlife. The contractor shall maintain a temporary buffer distance of at least 50

feet from identified oyster reefs as shown on Project Plans at all times.

E. Protection Against Liability for Accidents: Contractor shall erect and maintain all requisite lights and

barriers for the protection of his work and for the safety of the public or site employees, as directed by

the Owner.

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F. Clean-Up: Contractor shall be responsible for the daily cleaning up of all dirt and debris caused by his

work and as directed by the Owner.

G. Utilities: Contractor is responsible for locating all utilities prior to commencing work. Any damage to

utilities caused by Contractor shall be repaired at no expense to the Owner. Contact one of the following

utility locator services prior to beginning work at Virginia Point:

(a) Lone Star Notification Center: 1-800-669-8344

(b) Texas Excavation Safety System / Texas 811: 1-800-344-8377

1.4 PROJECT SCHEDULE

To be determined through coordination with the Contractor and Project Manager.

1.5 PROJECT COORDINATION AND JOB SITE ADMINISTRATION

A. Contractor shall cooperate with the Project Manager as to the proper conduct of the work, and any

differences of opinion shall be settled by the Project Manager.

B. Contractor shall constantly superintend all the work in this contract. Contractor shall always keep on the

premises a suitable foreman to direct operations and receive instruction in his absence.

C. Contractor shall submit Schedule of Operations to the Owner for approval prior to any construction

operations. Project Manager shall be informed of any changes in the schedule. Updated progress reports

shall be submitted to the Owner at the end of each month.

1.6 APPLICABLE CODES

A. Building Laws and Ordinances:

Work in connection with any portion of this contract shall comply with latest revisions of the current

codes and ordinances of the location.

B. Permits:

Contractor shall obtain and pay for all permits that may be required by law at the location, including

construction, occupancy, transportation and disposal, confined space entry if it is necessary, or others.

All permits required to be displayed shall immediately be provided to the Owner upon issuance. The

Contractor shall be responsible for all violations of the local or state laws from any cause in connection

with the project. Contractor shall comply with USACE Permit SWG-2013-00477 obtained by the

Scenic Galveston Inc.

1.7 WORKMANSHIP

Materials:

1. Use new, unused, and first quality materials, free of defects.

2. Use materials suitable for their application, and for the mechanical, structural, and electrical stresses

to which they will be subjected.

October 2015 01 10 00-Page 4 of 4

3. Furnish as required for complete installation ready for operation, unless such material is specified to

be furnished by Owner or Project Manager.

1.8 SITE SAFETY REQUIREMENTS

A. All Contractor personnel shall be outfitted with hard hat, safety glasses, and safety boots at all times

during construction operations without exception.

B. Horseplay or any inappropriate behavior by Contractor personnel will be grounds for dismissal from the

site.

PART 2 - PRODUCTS

(NOT USED)

PART 3 - EXECUTION

(NOT USED)

END OF SECTION

October 2015 01 20 00-Page 1 of 3


SECTION 01 20 00 – PRICE AND PAYMENT PROCEDURES

PART 1 – GENERAL

1.1 SUMMARY

The extended prices stated on the Contractor’s Proposal form will be considered maximum

contract prices with unit price provisions. These 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 of the Basis of Payment herein to itemize each and every labor, material or incidental

requirement. All requirements for project completion not specifically mentioned in Paragraph 1.3,

“Basis of Payment” shall be included in items for which they are considered subsidiary. Any item

not specifically identified as an additive alternate shall be included in the base price, unless

specified otherwise.

1.2 QUANTITIES AND MEASUREMENTS

A. Quantities: All quantities of work stated on the Contractor’s Proposal form are estimates,

computed by the Architect/Engineer (A/E), based on the contract documents. Prior to submitting

the proposal, the Contractor shall verify these quantities by preparing his own estimates. In any

case, prices stated shall reflect all work required by the contract documents.

B. Measurements: Only conventional measurements (length, area, weight and/or volume) shall be

made to compute the quantities of work stated on the Contractor’s Proposal form. Measurement of

the installed riprap and toe protection stone shall be based on the quantity (linear feet) of

constructed Stone breakwater or revetment according to the design template. Material placed

outside of the design template shall be recovered and installed in the design template. Measurement

of the Stone Sill shall be made in linear feet of the constructed Sill according to the design

template.

C. Survey Measurements:

1. All topographic/hydrographic surveys, cross-sections, and quantity computations used to

determine payment stated on the Contractor’s Proposal form shall bear the seal of a Registered

Professional Land Surveyor in the State of Texas and will be performed by the Contractor. All

coordinates shall be referenced to the Texas State Plane Coordinate System, North American

Datum 1983 (1993) HARN Adjustment, South Central Zone, U.S. survey feet. Vertical

measurements shall be referenced to the North American Vertical Datum of 1988, NAVD 88.

2. The Contractor shall notify the A/E at least three (3) days prior to each survey event.

D. Contract Adjustments: The A/E reserves the right to adjust the quantities of work stated on the

Contractor’s Proposal form, as it deems appropriate. Adjustments will be in form of a change

order to the contract. No quantity adjustment will be made for work performed outside the

specified lines and grades.

October 2015 01 20 00-Page 2 of 3

1.3 BASIS OF PAYMENT

A. Mobilization and Demobilization: Prices stated on the Contractor’s Proposal form for

Mobilization/Demobilization, Base Proposal Item 1.0, shall not exceed ten percent (10%) of the

total of all non-mobilization items. Payment for mobilization shall 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.

B. Unit Price Provisions:

1. Extended prices stated on the Contractor’s Proposal Form shall be considered maximum

contract prices, unless the quantities of work are adjusted by an A/E initiated change order.

2. If quantities of work are adjusted by the A/E (Refer to paragraph 1.2, D) the cost or credit to

the Owner shall be computed in accordance with the unit prices stated on the Contractor’s

Proposal Form.

3. Should the amount of the construction items need to be increased or decreased under the lump

sum items or base bid, the undersigned agrees that the following unit prices can be, if elected

by the Owner, the basis of his compensation for addition or deduction, as the case may be, for

such increase or decrease in the work. These unit prices include all charges for labor and

materials, fee, layout, supervision (field and home office), general expenses, taxes, insurance,

overhead and profit. The Contract Sum shall be increased or decreased by the amount as

determined from the quantity difference multiplied by the applicable unit price.

4. When unit prices for additions to or deductions from the work covered by the Contract are

accepted and upon approval of the detailed estimate, they will become a part of the Contract.

It is specifically understood that such prices are intended to cover small quantities. In the

event that the quantities vary by more than 25% of the original quantities as shown by the

drawings or specifications, these unit prices will not apply unless agreed to by both parties and

if not, then supplemental agreements will be entered into adjusting those unit prices. No claim

for payment under the supplementary unit prices will be permitted except when such work has

been authorized in writing by the Project Manager.

C. Allowances: The Owner may award all or any portion of the Proposal shown on the Contractor’s

Proposal form at the unit price and completion time indicated. Payment and required completion

time for work under this Additive Contract will be prorated to suit the actual quantity of work

available or work actually performed, as applicable.

D. Lump Sum/Progress Payments:

1. The basis of all progress payments shall be the Schedule of Values. Refer to Articles 13.1 and

13.2, Uniform General and Supplementary Conditions.

2. The various work items on the Schedule of Values will be paid for according to the estimated

percentage of work completed for each item, less the specified retainage. This amount shall be

full compensation for completed in-place work. The A/E and Owner shall 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.

October 2015 01 20 00-Page 3 of 3

PART 2 – PRODUCTS

(NOT USED)


(NOT USED)

END OF SECTION

October 2015 01 31 00-Page 1 of 5

DIVISION I – GENERAL REQURIEMENTS

SECTION 01 31 00 – PROJECT MANAGEMENT AND COORDINATION

PART 1 – GENERAL

1.1 SUMMARY

This section specifies requirements necessary for project coordination including, but not necessarily

limited to, the following:

1. Coordination.

2. Administrative procedures.

3. Weekly construction reports.

4. General installation provisions.

5. Protection of work.

1.2 BASIC COORDINATION

The Contractor shall coordinate construction activities included under various sections of these

specifications to assure efficient and orderly proper installation, connection, and operation of each part of

the work.

1. Where installation of one part of the work is dependent on installation of other components, either

before or after its own installation, the Contractor shall schedule construction activities in the

sequence required to obtain the best results.

2. Where availability of space is limited, the Contractor shall coordinate installation of different

components to assure maximum accessibility for required maintenance, service and repair.

3. The Contractor shall make adequate provisions to accommodate items scheduled for later

installation.

4. The Contractor shall prepare memoranda for distribution to each party involved outlining special

procedures required for coordination. Include such items as required notices, reports and attendance

at meetings.

1.3 ADMINISTRATIVE PROCEDURES

The Contractor shall coordinate scheduling and timing of required administrative procedures with

construction activities to avoid conflicts and ensure orderly progress of the work. Such administrative

activities include, but are not limited to, the following:

1. Preparation of schedules.

2. Installation and removal of temporary facilities.

3. Delivery and processing of submittals.

4. Progress meetings.

5. Project close-out activities.

October 2015 01 31 00-Page 2 of 5

1.4 WEEKLY CONSTRUCTION REPORTS

The Contractor shall prepare a weekly construction report recording the following information

concerning events at the site and submit to the Architect/Engineer (A/E) at weekly intervals:

1. List of subcontractors at the site.

2. Approximate count of personnel at the site.

3. General weather conditions.

4. Accidents and unusual events.

5. Meetings and significant decisions.

6. Stoppages, delays, shortages, losses.

7. Orders and request of governing authorities.

8. Change Orders received, implemented.

1.5 PROJECT MEETINGS

This section specifies administrative and procedural requirements for project meetings including, but not

limited to the following:

1. Preconstruction conference.

2. Preinstallation meeting.

3. Coordination meetings.

4. Progress meetings.

A. PRECONSTRUCTION CONFERENCE

1. The Owner will schedule a preconstruction conference at the project site or other convenient location

prior to commencement of construction activities. The meeting will be conducted to review

responsibilities and personnel assignments with the Owner, Architect/Engineer (A/E) and the

Contractor.

2. Attendees: The Owner, A/E, Contractor, Contractor’s Superintendent (s) and subcontractors shall

each be represented at the conference by persons familiar with and authorized to conclude matters

relating to the work.

3. Agenda: The Pre-Construction conference agenda is bound in this Project Manual

B. PREINSTALLATION MEETINGS

1. Preinstallation meetings may be held prior to beginning installation/construction of critical work

items. These items include, but are not limited to:

A. Routes to be used for hauling Stone material to site.

B. Placement of riprap and toe protection stone.

C. Access to construction areas.

2. These meetings shall be attended by all persons involved in the supervision, inspection and quality

control of this work. Those required to attend are as follows:

A. Owner, unless represented by A/E.

B. A/E.

C. Contractor’s Project Manager and Superintendent.

D. Subcontractor's Superintendent.

October 2015 01 31 00-Page 3 of 5

E. Crew foremen.

3. Agenda shall include:

A. Layout, horizontal and vertical control, etc.

B. Equipment and materials required.

C. Specific methods to be used for installation and construction.

D. Review of applicable specifications.

C. COORDINATION MEETINGS

1. The Owner reserves the right to schedule and conduct coordination meetings at his option.

2. Contractor shall conduct coordination meetings with his subcontractors, but the Owner and A/E

shall be invited to such meetings.

3. Agenda: The A/E will issue an agenda prior to each meeting. An example is incorporated herein for

information only.

D. PROGRESS MEETINGS

1. The A/E will conduct monthly progress meetings at the project site. The meeting dates will be

coordinated with the preparation of payment requests.

2. Agenda: The A/E will issue an agenda prior to each meeting. An example is incorporated herein for

information only.

3. Contractor's Construction Schedule: Review progress since the last meeting. Determine where each

activity is in relation to the Contractor's construction schedule, whether on time or ahead or behind

schedule. Determine how construction behind schedule will be expedited; secure commitments from

parties involved to do so. Discuss whether schedule revisions are required to ensure that current and

subsequent activities will be completed within the contract time.

4. Reporting: The A/E will issue official minutes of the meetings to the participants after each

progress meeting.

1.6 GENERAL INSTALLATION PROVISIONS

A. Materials or equipment shall be inspected immediately upon delivery and again prior to installation.

Items that are damaged or defective will be rejected.

B. Measurements and dimensions shall be rechecked before starting installation procedure.

C. The Contractor shall install each component during weather conditions and point in project sequence that

will ensure the best possible results. Each part of the completed construction shall be isolated from

incompatible material as necessary to prevent deterioration.

October 2015 01 31 00-Page 4 of 5

1.7 PROTECTION OF WORK

The Contractor shall supervise construction activities to ensure that no part of the construction

completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure

during the construction period.

PART 2 – PRODUCTS

(NOT USED)


(NOT USED)

END OF SECTION

October 2015 01 31 00-Page 5 of 5

Meeting Agenda Example

Time / Date:

Location: Job Site

Attendees:

Project: Virginia Point Wetland Protection Project

CCEEPPRRAA PPrroojjeecctt NNuummbbeerr 11559966

TTeexxaass GGeenneerraall LLaanndd OOffffiiccee

Agenda Topics:

1. Approval of last meeting’s minutes

2. Work Progress

3. Anticipated Progress

4. Review of updated progress schedule

5. RFI status

6. ASI status

7. Submittal status

8. Change Request/Order Status

9. Payment Application

10. Review of Safety Program

11. Review of As-Built Record Documents

12. Critical Items

13. New and Pending Issues

14. Next meeting: Determine date of next meeting

Notes:

END OF SECTION

October 2015 01 42 00-Page 1 of 3


SECTION 01 42 00 – REFERENCES

PART 1 – GENERAL

1.1 SUMMARY

A. This section specifies requirements for compliance with governing regulations, codes and standards.

B. Requirements include obtaining permits, licenses, inspections, releases and similar documentation, as

well as payments, statements and similar requirements associated with regulations, codes and standards.

1.2 DEFINITIONS

Definitions contained in this section are not necessarily complete but are general to the extent that they

are not defined more explicitly elsewhere in the contract documents.

1. "Indicated" refers to graphic representations, notes or schedules on the drawings, or other paragraphs

or schedules in specifications, and similar requirements in contract documents.

2. Terms such as "shown", "noted", and "specified" are used, it is to help locate the reference; no

limitation on location is intended except as specifically noted.

3. Terms such as "directed", "requested", "authorized", "selected", "approved", "required", and

"permitted" mean "directed by the Architect/Engineer (A/E)", "requested by the A/E", and similar

phrases. However, no implied meaning shall be interpreted to extend the A/E's responsibility into

the Contractor's area of construction supervision.

4. The term "approved", where used in conjunction with the A/E's action on the Contractor's

submittals, applications, and requests, is limited to the responsibilities and duties of the A/E stated

in the Uniform General Conditions and Special Conditions. Such approval shall not release the

Contractor from responsibility to fulfill contract document requirements unless otherwise provided

in the contract documents.

5. The term "Regulations" includes laws, statutes, ordinances and lawful orders issued by authorities

having jurisdiction, as well as rules, conventions and agreements within the construction industry

that control performance of the Work, whether they are lawfully imposed by authorities having

jurisdiction or not.

6. The term "furnish" is used to mean "supply and deliver to the project site, ready for unloading,

unpacking, assembly, installation, and similar operations".

7. The term "install" is used to describe operations at project site including the actual "unloading,

unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing,

curing, protecting, cleaning and similar operations".

8. The term "provide" means "to furnish and install, complete and ready for the intended use".

9. An "installer" is an entity engaged by the Contractor, either as an employee, subcontractor or sub-

subcontractor, for performance of a particular construction activity, including installation, erection,

application and similar operations. Installers are required to be experienced in the operations they

October 2015 01 42 00-Page 2 of 3

are engaged to perform.

10. A “Project site” is the space available to the Contractor for performance of the work, either

exclusively or in conjunction with others performing other construction as part of the project. The

extent of the project site is shown on the drawings. Access restrictions to work areas are at the

discretion of the Owner and A/E.

11. A "testing laboratory" is an independent entity engaged to perform specific inspections or tests,

either at the project site or elsewhere, and to report on and, if required, interpret results of those

inspections or tests.

12. “Stone” refers to both the riprap armor stone and the toe protection stone (used for both toe

protection and to form the stone sill) that will form the proposed breakwater and revetment and the

stone sill between selected breakwaters, as indicated on the Plans.

1.3 INDUSTRY STANDARDS

A. Applicability of Standards:

1. Except where contract documents include more stringent requirements, applicable construction

industry standards have the same force and effect as if bound or copied directly into contract

documents. Such standards are made a part of the contract documents by reference. Individual

sections indicate which codes and standards apply to that section. The Contractor shall abide by all

specified standards, codes, documents or reports that have been referenced in the contract

documents.

2. Referenced standards take precedence over standards that are not referenced but recognized in the

construction industry as standard practice.

B. Publication Dates: Where compliance with an industry standard is required, comply with standard in

effect as of date of contract documents.

C. Conflicting Requirements:

1. Where compliance with two or more standards is specified, and they establish different or conflicting

requirements for minimum quantities or quality levels, the most stringent requirement will be

enforced unless the contract documents indicate otherwise. Refer requirements that are different but

apparently equal and uncertainties as to which quality level is more stringent to the A/E for a

decision before proceeding.

2. In every instance the quantity or quality level shown or specified shall be the minimum to be

provided or performed. The actual installation may comply exactly, within specified tolerances, with

the minimum quantity or quality specified, or it may exceed that minimum within reasonable limits.

In complying with these requirements, indicated numeric values are minimum or maximum values as

noted or appropriate for the context of the requirements. Refer instances of uncertainty to the A/E

for decision before proceeding.

D. Copies of Standards: Each entity engaged in construction on the project is required to be familiar with

industry standards applicable to that entity's construction activity.

E. Abbreviations and Names: Trade association names and titles of general standards are frequently

abbreviated. Where acronyms or abbreviations are used in the specifications or other Contract

October 2015 01 42 00-Page 3 of 3

Documents they mean the recognized name of the trade association, standards generating organization,

authority having jurisdiction or other entity applicable to the context of the text provision.

F. Industry Standards: In addition to Federal, state and local ordinances, the latest edition of the following

industry standards shall apply as referred to in the drawings and specifications.

PART 2 – PRODUCTS

(NOT USED)


(NOT USED)

END OF SECTION

October 2015

DIVISION 2

EXISTING CONDITIONS

October 2015 02 05 19.13-Page 1 of 4


SECTION 02 05 19.13 - GEOTEXTILES FOR EXISTING CONDITIONS

PART 1 - GENERAL

1.1 SCOPE OF WORK. The work covered in this Section consists of furnishing plant,

labor, material, and equipment and performing the operations required for furnishing, testing, hauling, and placing geotextile, complete as specified herein and as shown, and maintaining the non-woven geotextile

until placement of the stone is completed and accepted.

1.2 REFERENCES. The 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.

D 123-07 Standard Terminology Relating to Textiles

D 4354-99 Sampling of Geosynthetics for Testing

(R 2004)

D 4355-07 Deterioration of Geotextile from Exposure to

Ultraviolet Light and Water (Xenon-Arc Type

Apparatus)

D 4491-99a Water Permeability of Geotextiles by

(R 2004) Permittivity (E1-2004)

D 4533-04 Trapezoid Tearing Strength of Geotextile

D 4632-08 Grab Breaking Load and Elongation of

Geotextile

D 4751-04 Determining Apparent Opening Size of

a Geotextile

D 4833-07 Index Puncture Resistance of Geotextiles,

Geomembranes, and Related Products

D 4873-02 Identification, Storage, and Handling of Geosynthetic Rolls and Samples

1.3 SUBMITTALS. The following shall be submitted in accordance with the SECTION

entitled SUBMITTAL PROCEDURES.

1.3.1 SD-04 Samples.

October 2015 02 05 19.13-Page 2 of 4

1.3.1.1 Geotextile: Upon request, one (1) sample of each type of geotextile shall be provided by

the Contractor for testing and permanent record. The sample shall be the full manufactured width of the geotextile and a minimum of 5 feet in length.

1.3.1.2 Textile Pins: At least two (2) temporary textile pins shall be submitted prior to delivery

of the material to the work site.

1.3.2 SD-07 Certificates.

1.3.2.1 Geotextile: A written certificate of compliance shall be submitted upon delivery of

geotextile stating that the geotextile shipped to the site meets or exceeds the minimum average roll values

listed in Table 1 below.

1.4 DELIVERY, STORAGE, AND HANDLING.

1.4.1 General. Geotextile shall be labeled, shipped, stored, and handled in accordance with ASTM D 4873 and as specified herein. Each roll shall be wrapped in an opaque and waterproof layer of

plastic during shipment and storage. The plastic wrapping shall be placed around the geotextile roll in the

manufacturing facility and shall not be removed until installed. Each roll shall be labeled with the manufacturer's name, geotextile type, lot number, roll number, and roll dimensions that include but are

not limited to length, width, and gross weight. Geotextile or plastic wrapping damaged as a result of

delivery, storage or handling shall be repaired or replaced, as directed, at no additional cost to the Owner.

1.4.2 Handling. No hooks, tongs or other sharp instruments shall be used for handling

geotextile. Geotextile shall not be dragged along the ground.

1.4.3 Storage. Geotextile shall be stored in areas where water cannot accumulate, elevated off

the ground, and protected from conditions that will affect the properties or performance of the geotextile.

Geotextile shall not be exposed to temperatures in excess of 140 degrees F or less if recommended by the manufacturer. Outdoor storage shall not be for periods which exceed the manufacturer's

recommendations or 6 months, whichever is less.

1.5 MEASUREMENT for the completed and accepted surface covered by geotextile shall be in linear foot of surveyed constructed breakwater. No allowance shall be made for waste, overlaps,

damaged materials, repairs or materials used for the convenience of the Contractor.

1.6 PAYMENT for geotextile installed and accepted will be made at the contract unit price

per linear foot of breakwater, in the terms from Section 02 21 13 – Site Survey. This will include plant,

labor, material, and equipment, and performing the operations necessary to prepare the surface, including excavation; to complete and satisfactorily install geotextile; and to test the geotextile. No payment will be

made for geotextile replaced because of contamination or damage due to the Contractor's fault or

negligence.

PART 2 - PRODUCTS

2.1 MATERIALS.

2.1.1 Geotextile. The geotextile shall be a non-woven pervious sheet of plastic yarn in

accordance with ASTM D 123. The geotextile shall equal or exceed the minimum average roll values listed in the TABLE below. Strength values specified in the TABLE are for the weaker principal

direction.

October 2015 02 05 19.13-Page 3 of 4

TABLE: GEOTEXTILE PHYSICAL PROPERTIES

PROPERTY TEST METHOD UNIT MINIMUM TEST

VALUE

Apparent Opening

Size (U.S. Sieve)

ASTM D 4751

U.S. Sieve

#80

Water Flow Rate ASTM 4491 Gpm/sf 8

Permittivity ASTM D 4491 sec-1 0.1

Puncture ASTM D 4833 lbs 120

Grab Tensile - in

any principal Direction

ASTM D 4632

Lbs and %

180 and 50

Trapezoidal Tear ASTM D 4533 lbs 95

Ultraviolet Degradation

(percent strength retained at 500 hours)

ASTM D 4355

%

70 strength

retained for all classes

2.1.1.1 Fibers used in the manufacturing of the geotextile shall consist of long-chain synthetic

polymers composed of at least 85 percent by weight polyolefins, polyesters, or polyamides. Stabilizers and inhibitors shall be added to the base polymer if necessary to make the filaments resistant to

deterioration by ultra-violet light and heat exposure. Reclaimed or recycled fibers or polymer shall not be

added to the formulation. Geotextile shall be formed into a network such that the filaments or yarns retain dimensional stability relative to each other, including the edges. The edges of the geotextile shall be

finished to prevent the outer fiber from pulling away from the geotextile.

2.1.1.2 Securing Pins. The geotextile may temporarily be secured to the foundation by utilizing

pins to prevent movement prior to placement of stone or articulated concrete block. Other appropriate

methods to prevent movement, including but not limited to sand bags and stone, may also be used.

Securing pins shall be removed as stone or is placed to prevent tearing of geotextile.

2.2 TESTS, INSPECTIONS, AND VERIFICATIONS.

2.2.1 Manufacturing, Sampling, and Testing. Geotextile shall meet the requirements specified

in the TABLE above.

2.2.2 Site Verification Sampling and Testing. Samples shall be collected at approved locations

upon delivery to the site in accordance with ASTM D 4354 at a frequency of once per 20,000 square

yards. Samples shall be tested to verify the geotextile meets the requirements specified in Table

“GEOTEXTILE PHYSICAL PROPERTIES” above. Samples shall be identified by manufacturer's name, type of geotextile, lot number, roll number, and machine direction. Testing shall be performed at a

laboratory with personnel experienced in testing geotextiles and a chosen laboratory shall be subject to

approval. Test results from the lot under review shall be submitted and approved prior to installation of that lot of geotextile. Rolls, that are sampled, shall be immediately rewrapped in their protective

covering.

PART 3 - EXECUTION

3.1 SURFACE PREPARATION. The surface on which the geotextile will be placed shall

be prepared to a relatively smooth surface condition and in accordance with the applicable portions of this specification. The surface shall be free from obstruction; debris, depressions and irregularities shall be

removed to ensure continuous, intimate contact of the geotextile with the surface. Loose material and

erosion features including but not limited to rills and gullies shall be graded out of the surface before geotextile placement.

October 2015 02 05 19.13-Page 4 of 4

3.2 INSTALLATION. The geotextile shall be placed as specified and at the locations shown in the Breakwater and Revetment Details drawings. At the time of installation, the geotextile shall

be rejected if it has defects, rips, holes, flaws, deterioration, or damage incurred during manufacture,

transportation, or storage. The surface to receive the geotextile shall be prepared to a relatively smooth

condition free of obstructions, depressions, debris, and soft or low density pockets of material. Erosion features including rills or gullies, shall be graded out of the surface before geotextile placement. The

geotextile shall be placed with the long dimension perpendicular to the centerline of the top of slope and

laid smooth and free of tension, stress, folds, wrinkles, or creases. The strips shall be placed to provide a minimum width of 18 inches overlap for each joint for non-woven geotextiles when above water, and

with a 3 foot overlap when placed underwater. Temporary pinning of the textile to hold it in place until

the specified material is placed shall be allowed. The temporary pins shall be removed as the specified material is placed to relieve high tensile stress which may occur during placement of material on the

geotextile. The geotextile shall be protected during construction from contamination by surface runoff

and geotextile so contaminated shall be removed and replaced with uncontaminated geotextile. Damaged

geotextile, during installation or placement of the specified material, shall be replaced by the Contractor at no cost to the Owner. The work shall be scheduled so that covering the geotextile with a layer of the

specified material is accomplished within 3 calendar days after placement of the geotextile. Failure to

comply shall require replacement of geotextile at no expense to the Owner. The geotextile shall be protected from damage prior to and during the placement of the specified material. Before placement of

the specified material, the Contractor shall demonstrate that the placement technique will prevent damage

to the geotextile. In no case shall equipment be allowed on the unprotected geotextile.

END OF SECTION

October 2015 02 21 13-Page 1 of 3


SECTION 02 21 13 - SITE SURVEYS

PART 1 – GENERAL

1.1 QUALITY CONTROL

A. Conform to State of Texas laws for surveys requiring licensed surveyors. Employ a land

surveyor acceptable to the Architect/Engineer (A/E), if required.

B. Procure an aerial photography Contractor to obtain an aerial photograph of the finished

breakwater construction.

1.2 SUBMITTALS

A. Submit to the A/E the name, address, and telephone number of surveyor before starting

survey work.

B. Submit documentation verifying accuracy of survey work on request.

C. Submit certificate signed by surveyor, that the elevations and locations of the work are in

conformance with Contract Documents.

D. Surveyor shall maintain a complete and accurate log of control and survey work as it

progresses, to be submitted to the A/E upon request.

E. Submit one 24x36 color aerial photograph including the limits of the Base Bid and

Optional Additive I construction, as applicable. This submittal shall also be made in

electronic copy, as a Raster and PDF file.

1.3 PROJECT CONTROLS

A. Horizontal Control – The project survey was tied to the National Spatial Reference System

(NSES). Positions are referenced to the North American Datum of 1983 (1993) HARN

Adjustment, Texas Coordinate System, South Central Zone. The units are US Survey

Feet.

B. Vertical Control – The orthometric heights (water elevations) are referenced to the North

American Vertical Datum of 1998 (NAVD 88). The units are US Feet.

C. Tidal determinations were developed by Texas Coast Ocean Observation Network

(TCOON), operated by the Conrad Blucher Institute for Surveying and Science (CBI) at

Texas A&M University-Corpus Christi. The following water elevations are based on this

determination and are referenced to NAVD 88.

Mean Higher High Water (MHHW) = 1.03 feet

Mean High Water (MHW) = 0.96 feet

Mean Low Water (MLW) = - 0.02 feet

Mean Lower Low Water (MLLW) = - 0.21 feet

October 2015 02 21 13-Page 2 of 3

1.3 PROJECT RECORD DOCUMENTS

A. A certified survey shall be prepared setting forth dimensions, locations, angles, and

elevations of construction and site Work upon completion site improvements.

B. Locations shall be recorded, with horizontal and vertical data, on Monument Record

Documents cards documenting set monuments.

1.4 EXAMINATION

A. Establish survey control points prior to starting work.

B. Notify the A/E immediately of any discrepancies from the survey data shown in the

construction documents.

1.5 SURVEY REQUIREMENTS

A. Utilize recognized engineering survey practices.

B. Establish a minimum of two permanent benchmarks on site, referenced to established

control points. Record locations, with horizontal and vertical data, on Project Record

Documents.

C. Pre-Construction Staking Survey:

1. Identify the start and the ending locations of proposed breakwaters and revetment.

2. Identify P.I. locations of proposed breakwaters and revetment, where indicated on the

plans.

3. Staking shall be performed at 25-foot stations for linear breakwaters and revetments.

4. The bayside toe edge of the toe protection stone and bayside toe of the riprap armor

stone (Where the riprap armor stone meets the toe protection stone) shall be staked to

an elevation of 3.5 ft. The top 6” of the stake shall be painted.

D. Contractor is responsible for checking for any underground utility locations prior to

construction. If needed, a utility location survey including a magnetometer survey shall be

performed to verify the presence of detected buried metal including pipeline or drums.

E. Post-Construction Elevation and Extent Verification Survey: The surveys shall verify the

vertical and horizontal extent of the constructed breakwaters. Based on the surveys, a

report will be generated to identify construction compliance with plans and specifications

and serve as the basis for payment.

1. Constructed elevations of the breakwaters and revetment shall be confirmed

throughout construction, to confirm acceptance of the constructed breakwater or

revetment.

2. Confirmational surveying shall be performed at the same intervals as indicated in the

pre-construction scope of work.

October 2015 02 21 13-Page 3 of 3

1.6 AERIAL PHOTOGRAPH REQUIREMENTS

A. The aerial photograph shall be taken after acceptance of the Base Bid and Optional

Additive I work, as applicable, by the Owner.

B. The photograph quality shall be to the satisfaction of the Owner.

C. The photograph shall be ortho-rectified.

D. The photograph shall be printed as a 22x36 deliverable to the Owner, and provided in a

georeferenced spatial format (Raster) and PDF file in a resolution that is acceptable to the

Owner.

1.7 SUBMITTALS

A. Pre-Construction Surveys shall be submitted one week prior to the commencement of the

work.

B. Post-Construction Surveys shall be submitted as the work is completed.

1.8 MEASUREMENT AND PAYMENT

A. Payment for the equipment and labor to place riprap armor stone, shall be measured by

linear foot of constructed breakwater or revetment as surveyed in accordance with this

Section. All quality control and quality assurance testing related to the placement of

riprap armor stone, shall also be included in this cost. Payment for the riprap armor stone

material shall also be included in this cost.

B. Payment for the toe protection stone equipment and labor for construction will be a

separate cost, and shall be measured by linear foot of constructed breakwater or revetment,

as surveyed in accordance with this Section. All quality control and quality assurance

testing related to the placement of toe protection stone, shall also be included in this cost.

Payment for the toe protection stone material shall also be included in this cost.

C. Payment for the pre-construction and post-construction surveying shall be included in one

separate line item.

D. Payment for the aerial photograph shall be included in one separate line item and shall

include all printing and image quality assurance until provided in final copy to the Owner.

PART 2 – PRODUCTS

(NOT USED)


(NOT USED)

END OF SECTION

October 2015

DIVISION 31

EARTHWORK

October 2015 31 10 00 – Page 1 of 1


SECTION 31 10 00 – SITE CLEARING

PART 1 – GENERAL

1.1 SCOPE OF WORK

The work covered in this Section consists of furnishing plant, labor, and equipment necessary to perform

the clearing and removal of debris as specified. The work shall include satisfactory disposal of the cleared

and removed materials.

1.2 MEASUREMENT

Clearing, removal, and placement of materials will not be measured for payment.

PART 2 – PRODUCTS

(NOT USED)


3.1 CLEARING AND REMOVAL AND DISPOSITION OF DEBRIS

Unsuitable debris consisting of piling, timbers, logs, pipes, rebar, and other objectionable materials shall be

cleared from the area along the shoreline where stone is to be placed. The Contractor is encouraged to visit

the work areas to ascertain the amount of clearing work that will be required. Clearing and removal of

debris shall be completed at least 50 feet in advance of rock placement. Materials cleared and debris

removed shall be the responsibility of the Contractor and shall be disposed of off-site in a manner in

compliance with all local, state and federal regulations.

END OF SECTION

October 2015 31 23 00 – Page 1 of 4


SECTION 31 23 00 – EXCAVATION AND FILL

PART 1 – GENERAL

1.1 SCOPE OF WORK

The work covered by this Section consists of furnishing plant, labor, equipment, and materials and

performing the operations in connection with excavation, trenching, and backfilling.

1.2 REFERENCES

The publications listed below form a part of this specification to the extent references they are referenced.

The publications are referred to in the text by basic designation only.

American Society for Testing and Materials (ASTM) Publications:

D 698-07 Laboratory Compaction Characteristics of Soil Using Standard Effort

(E1-2007) (12,400 ft-lbf/cu. ft. (600 kN-m/cu.m.))

D 1556-07 Density and Unit Weight of Soil-in-Place by the Sand-Cone Method

D 2167-08 Density and Unit Weight of Soil in Place by the Rubber Balloon Method

D 2487-07 Classification of Soils for Engineering Purposes

(E1-2007) (Unified Soil Classification System)

D 2922-05 Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth)

D 3017-05 Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth)

D 6572 Standard Test Methods for Determining Dispersive Characteristics of Clayey Soils by the

Crumb Test

C117-95 Standard Test Method for Materials Finer than 75-µm (No. 200) Sieve in Mineral

Aggregates by Washing

1.3 DEFINITION

Degree of Compaction shall be expressed as a percentage of the maximum density obtained by the test

procedure presented in ASTM D 698.

1.4 SUBSURFACE DATA

A geotechnical investigation was performed for this project. Report and data are provided in Appendix A.

Variations may exist in the subsurface conditions between boring locations. The Contractor shall draw his

own conclusions as to the character of the in-situ soil materials.

1.5 SUBMITTALS

October 2015 31 23 00 – Page 2 of 4

A. Sd-06 Test Reports.

1. Field Density Tests: Testing of Backfill Materials. Copies of the laboratory and field test

reports shall be submitted to the A/E within 24 hours of the completion of the test.

1.6 QUALTY ASSURANCE

A. Permit: Contractor shall comply with all conditions and requirements of Federal, State, and local

permits. Refer to Specification Section 01 00 00 – Special Conditions.

B. Environmental Protection Requirements: Contractor shall provide and maintain environmental

protection measures during the entire construction period and provide environmental protective

measures required to correct unsatisfactory conditions. Comply with all Federal, State, and local

regulations pertaining to water, air, and noise pollution. Refer to Specification Section 01 00 00 –

Special Conditions.

1.7 MEASUREMENTS

A. Excavation shall not be measured for payment.

B. Compacted Fill shall not be measured for payment.

1.8 PAYMENT

A. Excavation. No separate payment will be made for work specified herein and will be included in

the applicable contract price for the item to which the work pertains.

B. Compacted Fill. No separate payment will be made for work specified herein and will be included

in the applicable contract price for the item to which the work pertains

PART 2 – PRODUCTS

A. Excavated Soil. Soil shall be excavation at locations indicated on design drawings.

B. Compacted Fill. Excavated soil shall be re-used as compacted fill material where applicable. Soil

shall be excavated such that the volume of excavated soil approximately equals the amount of

compacted soil required for backfill; such that additional soil fill need not be imported to the site. It

is anticipated that the existing soil to be excavated on site will be of sufficient quality to reuse as

compacted backfill material. In the event that excavated soil is not of sufficient quality, compacted

fill may be imported in order to complete work as indicated on the design drawings. No separate

payment will be made for imported compacted fill.


3.1 EXCAVATION.

A. Shall be performed to the lines and grades indicated. The Contractor shall use the appropriate

safety measures for excavation and backfill operations. During excavation, material satisfactory

for backfilling shall be stockpiled in an orderly manner at a distance from the banks of the trench

equal to 1/2 the depth of the excavation, but in no instance closer than 2 feet. Excavated material

not required or not satisfactory for backfill shall be disposed. Grading shall be done as may be

necessary to prevent surface water from flowing into the excavation, and any water accumulating

October 2015 31 23 00 – Page 3 of 4

therein shall be removed to maintain the stability of the bottom and sides of the excavation.

Unauthorized over-excavation shall be backfilled in accordance with the Paragraph: FILL

MATERIAL below, at no additional cost to the Owner.

B. Removal of Unstable Material. Where unstable material is encountered in the bottom of the

excavation, such material shall be removed to the depth directed by the A/E and replaced to the

proper grade with select granular material as provided in Paragraph: FILL MATERIAL below.

When removal of unstable material is required due to the fault or neglect of the Contractor in its

performance of the work, the resulting material shall be excavated and replaced by the Contractor

without additional cost to the Owner.

C. Stockpiles of satisfactory and unsatisfactory material shall be placed and graded as specified.

Stockpiles shall be kept in a neat and well drained condition, giving due consideration to drainage

at all times. The ground surface at stockpile locations shall be cleared, grubbed, and sealed by

rubber-tired equipment, excavated satisfactory and unsatisfactory materials shall be separately

stockpiled. Stockpiles of satisfactory materials shall be protected from contamination which may

destroy the quality and fitness of the stockpiled material. If the Contractor fails to protect the

stockpiles, and any material becomes unsatisfactory, such material shall be removed and replaced

with satisfactory material from approved sources at no additional cost to the Owner. Locations of

stockpiles of satisfactory materials shall be subject to prior approval of the A/E.

3.2 FILL MATERIAL

A. General: Fill material shall be constructed to the lines and grades and tolerances using excavated

backfill material. The fill shall be constructed by dozer or other methods at the Contractor’s

discretion.

B. Compacted Fill. Fill material shall be placed to the lines, grades, and in the locations, as shown.

The material shall be placed and spread in layers not more than 8 inches in thickness prior to

compaction. Compaction of fill shall be as described in paragraph: COMPACTION OF FILL

MATERIAL.

C. Final Grade Tolerances. Fill shall be constructed to the lines and grades shown. The fill height

shall be within +/- 0.25 foot, based on surrounding existing elevations.

D. Estimated Compacted Backfill Quantity is 150 cubic yards.

3.3 COMPACTION OF FILL MATERIAL

Each layer of fill shall be compacted to not less than 95% of the laboratory maximum density.

3.4 FILL MATERIAL COMPACTION TESTING

A. Contractor is responsible for testing and it shall be performed at no additional cost to the Owner.

Testing shall be performed by an approved commercial testing laboratory.

B. Optimum Moistures and Maximum Density: One (1) representative test in accordance with ASTM

D 698 shall be made per 50 cubic yards of fill material source, or when a change in material

occurs which may affect the optimum moisture content or laboratory density.

C. In-Place Densities of Fills:

October 2015 31 23 00 – Page 4 of 4

Methods. The test methods performed on the fill for maximum density control the type of in-place

density test methods and are as follows:

Maximum Density In-Place Density

ASTM D 698 ASTM D 1556, ASTM D 2167 or

ASTM D 2922, Method B

When ASTM D 2922 is used, the calibration curves shall be checked and adjusted if necessary by

procedure described in ASTM D 2922, paragraph: ADJUSTING CALIBRATION CURVE.

ASTM 2922 results in a wet unit weight of soil and when using this method ASTM D 3017 shall

be used to determine moisture content.

D. Frequency. One (1) test per 500 square foot or fraction thereof of each lift for fill areas

compacted, but not less than three (3) tests per compacted lift.

3.5 DEWATERING

A. All standing water shall be removed prior to placement and compaction of compacted fill. The

location of compacted fill is below the Mean Low Water level and the Contractor is encouraged to

visit the work areas to ascertain the amount of work that will be required to dewater the compacted

fill area.

3.6 PROTECTION OF COMPACTED FILL SLOPE

A. Compacted fill shall be protected from wave attack or other erosive forces during the period

between slope grading and placement of stone along the compacted fill. The Compacted fill area

shall be armored within no more than five (5) days of its construction using stone as described in

Section 35 31 00 – Shoreline Protection Stone.

3.7 CONTRACTOR QUALITY CONTROL

Compliance Inspection. The Contractor shall inspect for compliance with contract requirements and record

the inspection of operations including, but not limited to the following:

(1) Placement of fill;

(2) Construction to lines and grades shown; and

(3) Misplaced materials – Monitoring and removal if required.

END OF SECTION

October 2015

DIVISION 35

WATERWAY AND MARINE CONSTRUCTION

October 2015 35 31 00 – Page 1 of 11

DIVISION 35 – WATERWAY AND MARINE CONSTRUCTION

SECTION 35 31 00 – SHORELINE PROTECTION STONE

PART 1 – GENERAL

1.1 SCOPE OF WORK

A. The work in this Section consists of furnishing and installing riprap armor stone and toe

protection stone (known from this point forward collectively as “stone”) for breakwaters,

revetments, and sills to the lines, grades, thickness, and typical sections shown.

1.2 ACCESS TO WORK SITE

A. The construction site can be accessed by shallow draft barge. Land access may be

coordinated as necessary with the Owner.

1.3 STONE DELIVERY, STORAGE, AND HANDLING

A. Keep the storage area clean, firm, smooth, and well drained in order that the stone can be

recovered free from dirt and other foreign matter.

B. Stockpile and handle material so as to not cause undue segregation of particle sizes either

in the stockpile, or while loading, hauling and handling.

1.4 REFERENCES

A. The publications listed below form a part of this specification to the extent they are

referenced. The publications are referred to in the text by the basic designation only.

American Society for Testing and Materials (ASTM) Publications.

C 88-13 Soundness of Aggregates by Use of Sodium

Sulfate or Magnesium Sulfate

C 97-96 Absorption and Bulk Specific Gravity of Dimension

(E1-1996) Stone

C 127-12 Specific Gravity and Absorption of Coarse

Aggregate

C 131-06 Resistance to degradation of Small-Size Coarse

Aggregate by Abrasion and Impact in the Los

Angeles Machine

C 136-06 Sieve Analysis of Fine and Coarse Aggregates

C 170-90/C170M-09 Compressive Strength of Dimension Stone

(R 1999)

October 2015 35 31 00 – Page 2 of 11

C 295/C295M-12 Petrographic Examination of Aggregate for

Concrete

C 535-12 Resistance to Degradation of Large-Size Coarse

Aggregate by Abrasion and Impact in the Los Angeles

Machine

D 75/D75M-09 Sampling Aggregates.

D 5313/D5313M-12 Evaluation of Durability of Rock for Erosion

(R 1997) Control Under Wetting and Drying Conditions.

1.5 SUBMITTALS

A. The following shall be submitted to Architect/Engineer (A/E) for review:

1. Equipment List - A list of the major pieces of equipment which are to be used for

performing the stone work shall be submitted for review.

2. Stone Source Documentation - Stone source documentation shall be submitted a

minimum of 30 days before the stone is required in the work.

3. Equipment Layout- The Contractor shall submit for review, access locations and

size of stockpiles (if required).

4. Stone Work Plan and Schedule - The Contractor shall submit a stone work plan

and schedule which describes the equipment, quarry operations, loading and

unloading, transportation, placement methods, and sequences planned to be used in

stone placement. This plan and schedule shall be submitted for review prior to

shipment of the stone. The schedule shall be updated monthly to reflect the work

completed and a schedule for work yet remaining. The Contractor shall not

commence stone work until the plan and schedule have been reviewed.

5. Stone – Sampling and testing results shall be submitted for approval 15 days

before the stone is required for the work.

1.6 MEASUREMENT

A. Measurement shall be in accordance with Section 02 21 13 – Site Survey.

B. Stone Transported by Truck

1. All stone shall be measured in short tons of 2,000 pounds each. Certified truck

weights will be accepted for determination of the weight of stone placed in the

finished section. The weight of any stone which is rejected will be estimated by

the A/E and be deducted from the truckload weights, but the Contractor may have

rejected stone weighed if he so desires, in which event the actual weight will be

used for the deduction from the truck weights. The stone shall be weighed on

October 2015 35 31 00 – Page 3 of 11

standard scales by a certified weighmaster. The Contractor shall have the scales

tested in the presence of the A/E at any time the A/E may require. The original

printed scale ticket or a certified copy prepared in ink or indelible pencil shall be

furnished to the A/E promptly after a load is weighed and before the stone is

placed in the areas to be protected. The report of weight for each load shall show

the gross, tare and net weight, and any erasures or changes on any report must be

explained by a memorandum made on or attached to the report and be signed by

the weigher. All necessary facilities shall be furnished to the A/E for observing

the weighing and for recording the scale weights and stenciled light weights on the

trucks. All expense of weighing stone and testing scales shall be borne by the

Contractor. Other methods of measurement may be used when approved by the

A/E.

2. Tare Weights. The weight of all sideboards, stakes, and skips, if any, will be

determined by actual weighing or by estimates, mutually agreed upon by the A/E

and the Contractor, and the weights so determined, together with the tare weight of

the car or truck shall be deducted from the gross weight to determine the net

weight of stone delivered.

C. Stone Transported by Barge

1. All stone shall be measured in short tons of 2,000 pounds each. Barge

displacement measurements will be accepted for determination of the weight of stone

placed in the finished section. The barge will be gaged at a protected location near the

site as approved by the A/E. For this purpose each barge shall be fitted by the

Contractor, at his own expense, with gages graduated either to inches or tenths of a

foot, located either inside or outside of the hull, as the A/E may direct, and attached

solidly to the hull itself. These gages should be located two (2) near each end of the

vessel on opposite sides, and two (2) additional gages at midship if deemed necessary

by the A/E. If located inside the hull, provision shall be made for the free passage of

the outside water to a transparent tube placed, or capable of being placed, in contact

with the gage. If located outside upon wooden hulls, the gages shall be protected by

solid fenders or recessed into the planking, or if upon steel hulls, the gage marks may

be placed directly on the plates and identified by punch marks. Gages shall be placed

so that their zeros are below water when the vessel is in its normal trim, light, and free

from water. In lieu of the gages in the interior of the barge, the Contractor may, at his

option, provide an equal number of wells for determining the amount of the load. Such

wells shall be located as specified for interior gages and shall be constructed to the

satisfaction of the A/E.

a. Displacements. Fore and aft displacements, due to load, shall not differ more than

10 percent from their mean for the determination of tonnage of each barge load of

stone ready for placement. In determining the tonnage of any cargo, the change in

gage readings due to discharge of the cargo will be used.

b. Barge Preparation. The barges shall be fitted for the work sufficiently ahead of

the time fixed for commencement to enable the A/E to measure them accurately

before work is commenced. The Contractor will be required at his expense to

place all barges in dry dock for measurement and furnish materials and facilities

for taking the necessary measurements for preparing barge displacement tables.

October 2015 35 31 00 – Page 4 of 11

The Contractor shall pump all the water from all barges when so requested but no

pumping of a barge shall be done between the time it is gaged loaded and light to

determine the amount of a barge load.

c. Repairs to Barges. Any repairs or additions made to the barges during the

progress of the work shall be promptly reported to the A/E. At any time during

the progress of the work that the A/E deems it advisable or necessary, each barge

shall be remeasured at the expense of the Contractor and under the supervision of

the A/E. No barge shall be used which is not in a seaworthy condition or which

leaks excessively. The barges used must be so constructed that when loaded they

do not bend or warp so that the gages are unreliable. Each barge load shall

contain only one (1) class of stone.

d. Load Determination. To determine the load, measurements will be taken

immediately before a barge starts for its point of unloading and immediately after it

returns from that point. The gages will be read by the A/E and the Contractor is

invited to be present when the readings are taken. Any disagreements on the part of

the Contractor as to the weight of stone will be reported by him to the A/E in writing

within 10 days of their occurrence. To ensure the use of the proper weight of

surrounding water in calculating the weight of stone from the barge gage readings,

hydrometer measurements will be made alongside each barge when it is gaged loaded

and light. Other methods of measurement may be used when approved by the A/E.

D. Stone not necessary to complete the acceptance section shown shall not be measured for

payment.

E. Preparation required for the placement of stone protection shall not be measurement for

payment.

F. Sampling and testing shall not be measured for payment, and these costs shall be included

in the stone labor costs for riprap armor and toe protection stone, depending on which

stone the sampling and testing activity pertains.

1.6 RE-MEASUREMENT

A. Where a loss of material due to stockpiling, rehandling or hauling is possible, the A/E shall

have the option to require re-measurement prior to placement.

1.7 PAYMENT

A. Payment shall be in accordance with Section 01 20 00.

B. The Contractor shall place a measured amount of stone within a section for acceptance.

Surveys shall be performed before and after the placement of material to determine if the

Contractor has established an acceptable section. The linear footage of acceptable section

will be used for the basis of payment. Payment for each stone item shall include costs of

labor, plant, materials and equipment required to complete the work specified herein and as

shown.

October 2015 35 31 00 – Page 5 of 11

1. Payment for furnishing, sampling, testing, and placing the riprap armor and toe

protection stone will be made at the contract unit price per linear foot of

breakwater or revetment construction as measured in accordance with Section 02

21 13 – Site Survey.

2. Payment for furnishing, sampling, testing, and placing the sill stone will be made

at the contract unit price per linear foot of stone sill as measured in accordance

with Section 02 21 13 – Site Survey.

3. No separate payment will be made for recovery and resetting of displaced stone.

4. Sampling and Testing. The costs for sampling and testing shall be included in the

contract unit price per linear foot of breakwater, revetment, and stone sill

construction.

D. Surveying.

1. Surveying shall be in accordance with Section 02 21 13 – Site Survey.

PART 2 - PRODUCTS

2.1 MATERIALS.

A. The Contractor shall make arrangements, pay royalties, and secure the permits for

procurement, furnishing, and transporting stone. The Contractor shall vary the quarrying,

processing, loading, and placing operations to produce the sizes and quality of stone

specified. If the stone furnished by the Contractor does not fully meet the requirements as

specified herein, the Contractor shall furnish, at no additional cost to the Owner, other

stone meeting these requirements.

2.2 STONE SOURCES

A. Before stone is produced from a source for completion of the work under this contract, the

source of stone shall be approved. Approval of a stone source shall not be construed as a

waiver of the right of the A/E to require the Contractor to furnish stone which complies as

specified herein. Materials produced from localized areas, zones, or strata will be rejected

when these materials do not comply as specified herein.

B. Approval of a proposed stone source will be based on service records or, if service records

are not available, on test results. A service record is considered to be acceptable if stone

from the proposed source has remained sound and functional after at least 10 years of

exposure on a project similar to the one to be constructed under this contract.

2.3 QUALITY COMPLIANCE TESTING

A. If required, samples for A/E testing shall be submitted a minimum of 30 days in advance

of the time when the stone will be required in the work. Stone from a proposed source or

sources will be tested by the Contractor for quality compliance. Test samples of 100

pounds minimum, shall be representative of the stone source and shall be obtained by the

Contractor as directed.

October 2015 35 31 00 – Page 6 of 11

2.4 STONE QUALITY.

A. Stone shall meet the following test requirements:

Test Test Method Requirements

Specific Gravity (Bulk SSD) ASTM C 127 (1)

(2.6) minimum

(both Stones)

Absorption ASTM C 127 (3.0%) average

(both Stones)

Wetting and Drying ASTM D 5313(2)

No fracturing(3)

(both Stones)

Abrasion Loss ASTM C 131, ASTM C 535 (40%) max. loss(4)

(both Stones)

In addition to the above tests, the stone shall be subjected to expert visual examination to identify

minerals present.

NOTE: (1): Specific gravity test shall be performed according to the method described but the

sample size shall match the gradation specified.

NOTE: (2): The testing procedure used in ASTM D 5313 shall include testing of each sample in

potable and in salt water prepared in accordance with ASTM C1141.

NOTE: (3): Weakening and loss of individual surface particles is permissible unless bonding of the

surface grains softens and causes general disintegration of the surface material.

NOTE: (4): Stone that has a loss greater than the specified limit will be accepted if the Contractor

demonstrates that the stone has a satisfactory service record that exceeds 10 years.

2.5 STONE ACCEPTANCE.

A. Stone shall be of the same lithology as the original stone from which test results or service

records were taken as a basis for authorization of the source; sound, durable and hard, and

free from laminations, weak cleavages, porous veins, undesirable weathering, blasting or

handling-induced fractures, or fracture zones which subtend more than 1/3 of the total

circumference of the stone along the plane of fracturing.

B. The stone shall be of good character so that it will not disintegrate from the action of air,

water, or the conditions of handling and placing; shall be clean and free from earth, clay,

refuse, or adherent coatings; shall be angular quarried material with a shape which assures

interlocking with adjacent stone, and the greatest dimension of each piece shall not be

greater than 3 times the least dimension.

October 2015 35 31 00 – Page 7 of 11

2.6 REJECTED STONE

A. Stone of unsuitable quality or size distribution as specified will be rejected and shall be

promptly removed from the project at no expense to the Owner. Portions of the work

covered by these specifications that contains rejected stone will be considered incomplete.

2.7 PERIODIC TESTING

A. Stone taken from a particular source shall be tested and certified in terms of gradation and

specific gravity for each 5,000 tons of stone shipped. Gradation testing shall be in

accordance with ASTM C 136. Specific gravity testing shall be in accordance with the

procedures specified in the Paragraph: STONE QUALITY above. Testing shall

commence prior to shipment of the material and each load of stone delivered, shall be

retested using the same method, by the Contractor. Tests shall be performed by an

approved testing laboratory on samples selected by the A/E. The A/E reserves the right to

make the tests. Sampling and gradation tests performed by the Contractor shall be as

directed. Test results shall be submitted upon completion of each test. Additional sampling

may be required to ensure that all stockpiled material is in compliance with the

specifications listed herein. Additional sampling and testing of a load of material delivered

to the project site shall be at the A/E's discretion, randomly chosen up to a maximum of

five (5) tests. Costs for sampling and testing shall be at the Contractor's expense.

2.8 STONE SIZE AND GRADATION

A. The stone shall conform to the gradations shown below.

1. RIPRAP ARMOR STONE

Imported riprap armor stone shall be furnished by the Contractor. The riprap

armor stone shall conform to the gradations shown below. Any deviations from the

specified gradation due to availability or economic reasons shall be submitted to

the A/E for approval.

Weight, lbs. % Lighter

360-920 100

180-280 50

50-140 15

2. TOE PROTECTION STONE

Imported toe protection stone shall be furnished by the Contractor. Material shall

be clean and free of deleterious substances, organic impurities (as determined by

ASTM C40) and elongated or flat particles which are susceptible to degradation,

including but not limited to reinforcing steel. Material shall meet the following

gradation criteria (as determined in accordance with ASTM C136):

October 2015 35 31 00 – Page 8 of 11

U.S. Sieve Size Percent Passing

3” 90 – 100

2” 25 – 60

1” 0 – 15

a. Any deviations from the specified stone gradation due to availability or

economic reasons shall be submitted to the A/E for approval.

2.9 STONE QUANTITIES

A. The quantities provided are for reference only. The Contractor is responsible for

developing and/or verifying all material quantities and having sufficient materials to

construct all breakwaters to the parameters shown. The General Land Office shall not be

held responsible for the Contractor’s use of the reference values provided.

MATERIAL QUANTITY

Rip Rap Armor Stone (Breakwater “A”) 2,750 tons

Rip Rap Armor Stone (Breakwater “B”) 24,600 tons

Rip Rap Armor Stone (Revetment “R”) 1,080 tons

Toe Protection Stone 930 tons

Sill Stone 75 tons


3.1 GRADE PREPARATION

A. Place stone for breakwater construction directly on existing grade as specified on the

drawings. No subgrade preparation is required.

B. Subgrade preparation in the form of excavation and compaction will be required for

revetment construction. Refer to Section 02 22 20 – Excavation, Trenching, and

Backfilling.

3.2 STONE PLACEMENT

A. General

1. Except as otherwise specified, the limits of the stone in place shall follow with

reasonable variation the indicated lines and slopes. Templates shall be placed at

adequate intervals, determined by the A/E, to accurately delineate the surfaces of

the structure. The Contractor shall submit the method of placement for stone

work for approval before commencement of placing operations.

B. Construction Load

1. Contractor shall exercise extreme care if heavy construction loads are placed on

the breakwaters or revetment. The Contractor shall repair the damage caused by

its activities.

October 2015 35 31 00 – Page 9 of 11

C. Tolerances

1. Stone work shall be carried to the lines and grades shown, the tolerances as

specified herein, and as directed. Final surfaces of the finished course shall be

reasonably even, uniform, and shall follow with reasonable variation the indicated

lines and grades without continuous under or overbuilding. Deviations in layer

thickness from the design value shall not be greater than plus 3-inches and minus

3-inches.

D. Misplaced Material

1. Material that escapes or is lost while loading, transporting or placing, or which is

deposited other than in the area shown or a change approved in writing shall be

removed and redeposited where directed at Contractor's expense.

E. Misplaced Equipment

1. If the Contractor, during progress of the work loses, dumps, throws overboard,

sinks, or misplaces material, plant, machinery or an appliance that may be

dangerous to, or interfere with uses of the Waterway, or causes pollution of the

waters, the Contractor shall submit immediate notice to the A/E, with the

description and location of these obstructions until they are removed by the

Contractor. If the Contractor refuses, neglects or delays compliance with the

above requirements, these obstructions may be removed by the Owner and the cost

of removal may be deducted from the money due or to become due the Contractor.

F. Placement

1. Stone shall meet the gradation and quality requirements prior to placement.

2. Place the Stone to the slopes, lines, and grades as shown on the Plans, to establish

a well-graded mass of Stone without voids.

3. Place the riprap armor stone in close contact, well-graded and free from pockets of

small stones or clusters of large stones. Elongated riprap blocks shall be well

distributed. Individual oversized blocks are not permitted. These shall be broken

to specified size or removed and replaced with riprap within the gradation limits.

Surface irregularities shall be minimal.

4. All dump trucks used for placing Stone shall be equipped with bottom-hinged

tailgates. The gate’s releasing mechanism shall be arranged so that it may be

operated only from location at or near the front of the truck. Each truckload shall

be representative of the gradation requirements. Rearranging of individual stones

by mechanical equipment or by hand will be required to the extent necessary to

obtain a reasonably well graded distribution of stone sizes as specified above.

5. Avoid dropping Stone from such a height to cause breakage.

6. Prevent mixture or incorporation of dirt and other materials with the Stone during

placement.

October 2015 35 31 00 – Page 10 of 11

7. Placing of Stone by any method, machine or hand, will be permitted as long as

specified requirements are obtained.

8. Fill spaces between larger riprap blocks with spalls and smaller blocks of the

largest feasible size to form a compact mass. Do not place spalls and small blocks

in place of larger size blocks.

The finished surface for riprap armor stone shall not deviate from the lines and

grades shown by more than the tolerances listed below. Tolerances are measured

perpendicular to the indicated neatlines. Extreme limits of the tolerances given

shall not be continuous in any direction for more than 5.0 ft for an area greater

than 200 sf.

NeatLine Tolerances:

Above Neatline Below Neatline

Side Slope 3” 3”

Crest 3” 3”

The intention is that the work shall be built generally to the required elevations,

slope and grade and that the outer surface, and toe protection stone shall be even

and present a neat appearance. Placed material not meeting these limits shall be

removed or reworked as directed by the Project Manager.

9. Toe protection stone and the stone sill shall be within placed either 2 inches above

and 0 inches below the lines and levels indicated on the plans.

10. The Contractor shall maintain the riprap until accepted and any material displaced

prior to acceptance and due to the Contractor’s negligence shall be replaced at his

expense and to the lines and grades indicated on the contract drawings.

3.2 CONTRACTOR QUALITY CONTROL

A. Compliance Inspection

1. The Contractor shall inspect Stone for compliance with the contract requirements

and record the inspection of operations. The Contractor, at Contractor's expense,

shall perform tests in accordance with the following schedule:

a. Rip Rap Stone

Quality – one (1) set of quality tests per 7,500 tons per stone type or less

frequently at the A/E’s discretion.

Gradation – one (1) gradation test per 7,500 tons of material to be

performed with a minimum sample size of 10,000 pounds, per stone type.

Placement - Continuous check of placement to ensure proper size and

compliance with grade lines specified in plans.

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b. Toe Protection Stone

Quality – one (1) set of quality tests per 500 tons per stone type or less

frequently at the A/E’s discretion.

Gradation – one (1) gradation test per 500 tons of material to be

performed with a minimum sample size of 3,000 pounds, per stone type.

Placement - Continuous check of placement to ensure proper size and

compliance with grade lines specified in plans.

B. Additional Tests - The Owner may request for additional tests at Contractors expense from

representative samples of the stone being furnished for the work.

C. Records - A copy of the records of tests, as well as the records of corrective action taken,

shall be submitted as directed.

3.4 STONE ACCEPTANCE

A. The riprap armor and toe protection stone will be accepted by the Acceptance Sections

shown. The Contractor shall be responsible for maintaining the minimum template for the

life of this contract. The Contractor shall be responsible for repair to damages to any

placed Stone resulting from construction equipment operation, settlement, subsidence,

slides, displacement, handling of foundation materials, normal seasonal weather related

damage, and the Contractor’s negligence.

END OF SECTION