addendum no. 6sfasu.edu/purchasing/documents/solicitations/100.1... · 4. gothic arch greenhouses...

Stephen F. Austin State University RFP #GREENHOUSE PROJECT-18 ADDENDUM NO. 6

PROCUREMENT AND PROPERTY SERVICES

P. O. Box 13030

NACOGDOCHES, TX 75962

REQUEST FOR PROPOSAL

RFP NUMBER GREENHOUSE PROJECT-18

ADDENDUM NO. 6 Dated: 02/02/2018

PROPOSAL MUST BE RECEIVED BEFORE:

5:00PM, FRIDAY, FEBRUARY 9, 2018

HAND DELIVER AND/OR

MAIL PROPOSAL TO: EXPRESS MAIL TO:

Stephen F. Austin State University Stephen F. Austin State University

Procurement Services Procurement Services

P. O. Box 13030 2124 Wilson Drive

Nacogdoches, TX 75962-3030 Nacogdoches, TX 75962

Show RFP Number, Due Date and Time on Return Envelope

NOTE: PROPOSAL must be time stamped at Stephen F. Austin State University

Procurement Services before the hour and date specified for receipt of proposal.

REFER INQUIRIES TO:

Kim Jones

Stephen F. Austin State University

Procurement Services

936-468-6551

email: [email protected]

mailto:[email protected]


STEPHEN F. AUSTIN STATE UNIVERSITY Request for Proposal #GREENHOUSE PROJECT-18

ADDENDUM NO. 6

THIS ADDENDUM MUST BE ACKNOWLEDGED IN ORDER FOR THE RESPONSE TO RECEIVE CONSIDERATION. FAILURE TO ACKNOWLEDGE THE ADDENDUM WILL

RESULT IN DISQUALIFICATION OF THE RESPONSE.



CLARIFICATION: Mismatched or outdated model numbers supplied in proposal documents may be equivalently substituted for pricing purposes. EXHIBIT C - REVISED: See revised Exhibit C Pricing Proposal included. Please submit your proposal utilizing the revised Exhibit C included and attach detail schedule of costs at a minimum including site work, utilities, and greenhouse structures.


EXHIBIT C PRICING PROPOSAL - REVISED

Having carefully reviewed the specifications and related documents affecting the proposal to provide contractor services to construct a greenhouse for Stephen F. Austin State University, the undersigned submits the following Financial Proposal in accordance with the Request for Proposal documents: Respondent Name: _____________________________________________________

Authorized Signature: ___________________________________________________

A. Pricing for construction of greenhouse $___________________

(Attach detail schedule of costs at a minimum including site work, utilities, and greenhouse structures)



P. O. Box 13030







HAND DELIVER AND/OR









REFER INQUIRIES TO:

Kim Jones



936-468-6551





ADDENDUM NO. 5





The following changes in red have been made to schedule of events listed below: 1.4 SCHEDULE OF EVENTS

*DATE EVENT

January 9, 2018 Issuance of Request for Proposal

January 15, 2018 at 9:00 AM Mandatory Pre-Proposal Meeting

January 17, 2018 Question and Answer Addenda Document Posted

February 1, 2018 at noon Deadline for Submission of any Additional Written Clarification Questions Due

February 2, 2018 by 5:00 PM Final Question and Answer Addenda Document Posted

February 9, 2018 by 5:00 PM Requests for Proposals Due

February 13, 2018 until awarded Evaluation of Proposals and Selection of Contractor

February 2018 Notification of Award

Spring/Early Summer 2018 Construction Period

July 1, 2018 Completion/Date

*Dates are tentative and subject to change.

All additional written clarification questions should be submitted by noon on February 1, 2018 to Kay Johnson, Director of Procurement, via email at [email protected].

3.3 SUBMITTAL DEADLINE AND LOCATION UPDATED

Proposals will be publicly opened Monday, February 12, 2018 at 8:00 am in the office of the Director of Procurement, 2124 Wilson Drive. Only the names of the Respondents will be read aloud.




P. O. Box 13030






5:00PM, WEDNESDAY, JANUARY 31, 2018

HAND DELIVER AND/OR









REFER INQUIRIES TO:

Kim Jones



936-468-6551





ADDENDUM NO. 4





SEE ATTACHED: EXHIBIT E: CHANGES TO SPECIFICATIONS IN PROJECT MANUAL


EXHIBIT E REVISED SPECIFICATIONS IN THE

PROJECT MANUAL

RFP #GREENHOUSE PROJECT-18 ADDENDUM NO. 4

1. MODIFICAITONS TO SPEC SECTION 13123

• 2.2.A.8 Allowance of round columns, if all other requirements are met. • 2.4.J Allowance of roll form parts.

2. Clarification of structural members.

• All three bays should be erected of same or similar structural members to

maintain visual and physical continuity. Attached: Section 13123 Jessica DeWitt Physical Plant Project Coordinator

GLS 501126 13123-1 GREENHOUSE SYSTEMS

SECTION 13123

GREENHOUSE SYSTEMS

PART 1 – GENERAL 1.1 DOCUMENTS

A. Drawings __________________

B. Drawings __________________

C. Drawings __________________ 1.2 DESCRIPTION

A. The greenhouse shall be 2 bay gutter connected actively heated and cooled structure

with attached cold frame. B. The greenhouse shall be furnished and installed according to specifications and

drawings.

C. Greenhouse bay dimensions are 24 feet wide by 96 feet long – Manufacturers may state

standard kit size as an alternate to be approved.

D. Cold frame bay dimensions shall be 24 feet wide by 96 feet long to match greenhouse.

(Note: Cold frame to be gutter connected to greenhouse and designed to be used as a

future greenhouse.) No polycarbonate cladding, structural frame only. No equipment to

be included except ridge vent (as noted below) for structural design and manufacturing

purposes.

E. No equipment or materials should be ordered or fabricated prior to approval of

equipment submittals and shop drawings.

1.3 PLANS AND SUBMITTALS

A. Design Criteria

1. Greenhouse frame shall be designed to meet 2012 IBC. 2. Provide structural drawings and calculations sealed by a registered professional

engineer in the state of Texas 3. Provide complete shop erection and installation drawings including the placement of

equipment, covering, and doors. 4. All equipment shall be submitted for approval prior to ordering.

B. Design Loads

1. Design the greenhouse structure to carry the following loads according to

2012 IBC Standards:

a. Dead load: structure and equipment

b. Snow load: 10 Ibs / sq. ft.

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c. Wind load: 100 mph (3 second gust)

d. Wind Exposure Category C

e. Building Risk Category 2

2. Load Combinations

a. D.L. + S.L.

b. D.L + W.L.

c. D.L. + ½ S.L + W.L or D.L + ½ W.L. + S.L.

1.4 GENERAL INFORMATION

A. A qualified greenhouse contractor approved in writing by the manufacturer shall erect

the greenhouse.

B. The greenhouse contractor shall have at least five (5) years of experience in building

greenhouses of the type specified.

C. The General Contractor shall have all site conditions correct and ready prior to

greenhouse erection.

D. No masonry, foundation, or footer installation shall be done prior to approval of

greenhouse plans.

E. Installation / erection cost are to be included in the greenhouse manufacturer’s quote.

PART 2 – MATERIALS AND EQUIPMENT 2.1 STRUCTURE

A. Approved manufacturers are:

1. International Greenhouse Company 2. Atlas Greenhouse 3. Nexus Corporation 4. Gothic Arch Greenhouses 5. Other manufacturers with written SFA approval prior to RFQ.

B. The greenhouse will be gutter connected with column and truss spacing as designated

by applicable code.

C. Sidewall height shall be 8 feet minimum with 8’ inside clearance.

2.2 MATERIALS

A. Primary Structural Steel Members

1. All steel members shall comply with ASTM A500 dimensional tolerances.

2. All steel shall be hot dipped galvanized per ASTM A123.3 mil thick minimum.

3. All damaged finishes shall be touched up with Brush-on Zinc galvanize coating.

4. Structural framing shall be fabricated from steel with minimum yield strength of

50,000 psi.

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5. End walls will be framed with steel tubing with minimum yield strength of 50,000

psi.

6. Gutters are to be extruded aluminum or galvanized.

7. No wood members are required or allowed to complete structure.

8. No rolled form pipe or round columns allowed.

B. Primary Aluminum Alloy Members

1. Extrusions 2. Primary framing: Alloy 6061 – T6 or 6063 – HS 3. Secondary framing: Alloy 6063-T6 or 6063 – HS 4. Sheet: Alloy 3003 – H14 5. Plates: Alloy 6061 – T6 or 6063 – HS

2.3 DOORS AND DOOR FRAMES

A. End wall doors to be 8’W X 7’H galvanized steel frame, double slide (from the center) door with 8mm polycarbonate covering track, and all hardware to be located on the north wall.

B. Lock sets are to be included in hardware package per SFA University requirements

2.4 BUILDING COMPONENTS

A. Greenhouse components shall be manufactured from extruded aluminum alloy or galvanized structural steel. Where design requirements can be met through the use of manufacturer’s standard kit components, such components shall be used. Provide detailed information concerning any proposed variance from this specification in the quote.

B. Connections: Hot dipped or mechanically galvanized structural bolts fastened to pre-punched or drilled connection material. All field connections shall be fastened with galvanized fasteners.

C. Anchor bolts shall be provided for fastening column posts to foundation. Provide stainless steel expansion bolts, or stainless steel epoxy anchors.

D. Trusses: Trusses may be factory welded as a complete assembly or may be field bolted. Trusses to be connected to columns by a cap plate or other structurally engineered connection. Truss members and connections shall be designed to meet or exceed the design criteria.

E. Knee bracing in the plane of the roof truss and column is allowed to meet design criteria provided 6’-8” head clearance is provided.

F. Roof purlins: provide roof purlins welded to top chord of trusses or fastened with galvanized bolts. Sidewalls and endwall girts shall be provided and fastened using galvanized fasteners.

G. Gutters are to be extruded aluminum or galvanized steel with proper sealing material to

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only if all other requirements are met.

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prevent leaking and to include a down spout on the end of each gutter run. H. Flashing: provide aluminum or galvanized flashing and associated hardware.

I. Greenhouse glazing: 8mm clear twin wall polycarbonate.

J. No roll form or sheet metal parts are to be used. No wood members are to be used to construct the greenhouse structure.

K. Bolts: Primary connections shall be made with the following bolt assembly: 1-A325 Bolt, one F436 hard washer, and one hex nut A563 GRADE DH.

2.5 VENTILATION EQUIPMENT

A. Horizontal Air Flow Fans (galvanized) – Acme HAF20A fans (9,600 cfm) or approved equal. Quote quantity to be installed. Provide one year warranty minimum.

B. Exhaust Fans – Three (3) per greenhouse Cool Air AL36K or approved equal with at least 27,000 CFM at .10 SP. Provide one year warranty minimum.

1. Fans must include automatic shutters, inlet/outlet guards, slant wall housing and belt tighteners.

2. Exhaust fans and horizontal air flow fans are to be manufactured by Acme Engineering, Inc. or approved equal.

3. Exhaust fans are to have aluminum fan blades. 4. Steel propeller fans are not acceptable.

C. Vents: a single continuous motorized ridge vent in each greenhouse and cold frame to be controlled with Wadsworth VC2000 motor or equal (no motor in cold frame).

D. Shutters: Motorized aluminum shutter to be located in the gable end of each greenhouse bay for first stage of cooling.

2.6 HEATING EQUIPMENT

A. Each greenhouse bay is to be equipped with natural gas Modine power vented heaters

or approved equal sized at min. 240,000 BTU each. One heater per greenhouse (2

total).

B. Heaters are to have stainless steel burners and exchangers.

C. Heaters with aluminum heat exchangers are not accepted.

D. Include appropriate heater hangers to mount the heaters and vent piping.

E. Provide one year warranty minimum.

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2.7 COOLING EQUIPMENT

A. Evaporative pad systems will consist of pads made of cross-fluted cellulose paper;

aluminum or stainless steel distribution and return system complete with pump and

return tank to be located on south wall.

B. To be a single system all-inclusive 4’ tall X 40’ wide x 6” wire pads with frame,pumps,

plumbing kit and reservoir

C. No wood support stringers are allowed.

D. Motorized automatic rack & pinion vent wall (to be covered in same polycarbonate

material as wall covering) for evaporative cooling system to be controlled with

Wadsworth VC1000 or approved equivalent.

2.8 ERECTION

A. Erector shall be a crew with a minimum of five (5) years’ experience installing

manufacturer’s product. Provide three (3) references with contact information

B. Greenhouse shall be erected in strict accordance with manufacturer’s drawings and

instructions.

C. Equipment shall be installed per manufacturer’s installation instructions and recognized

industry practices to insure intended function.

D. The greenhouse contractor will install equipment in place.

E. Start – up and commissioning services are to be included to insure a complete and fully

functional system including a complete commissioning report.

F. All connections to site utilities (electrical and plumbing) will be by others.

G. The cost of the greenhouse erection shall be included in the quote.

2.9 ENVIRONMENTAL CONTROLS

A. Automatic control system with a minimum of two (2) stages of heating, set point, and four (4) stages of cooling with temperature and humidity sensors to control HAF fans, exhaust fans, evaporative cooling system, and ridge vents. Controller to be equipped with decondensate sensor. Controller is to be complete with contactor panel, wiring diagram, software for remote access, and weather station.

B. Addressable equipment condition monitoring devices are required on equipment that are compatible with SFA’s interfacing system.

2.10 COVERING MATERIAL

A. Roof, sides, and ends to be covered with double walled polycarbonate. GE Lexan Thermoclear 8MM or approved equal.

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Provide manufacturer standard automatic control system. Coordinate final settings with SFA.

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Where possible, interface addressable equipment and devices with SFA's CMCS.

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aluminum shutters

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sized and specified appropriately for capacity.


B. Polycarbonate panels are to be a virgin resin. Regrind is not acceptable. C. Polycarbonate panels must carry a minimum warranty of 10 years against yellowing and hail damage.

D. Cold frame shall have polycarbonate panels on the roof only (sides and ends are open).

2.11 SHADE CLOTH

A. A shade cloth is not required.

2.12 GROUND COVER

A. Premium grade 3.2 oz. black woven polypropylene ground fabric or approved equal.

2.13 LIGHTING A. Provide 8’ LED vapor proof lights (four (4) per bay in greenhouse only) for workspace lighting. (48,000 min. total lumens.) Lights not required in cold frame. Cooper / Metalux 8VTZ-LD4-12-DR-UNV-L840-CD1-WL-VTZ-Chain/Set-U, or Equivalent PART 3 – EXECUTION 3.1 WARRANTIES

A. Greenhouse and greenhouse equipment shall be free from all defects in materials and workmanship for one year after commissioning but not more than 18 months from receipt by customer.

3.2 INSTRUCTION

A. Approved representative of the greenhouse manufacturer to visit the job site a minimum of one time during construction to meet with building erectors and once after construction to meet with the owner.

B. Up to eight (8) hours of onsite training to be included.

END OF SECTION

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P. O. Box 13030







HAND DELIVER AND/OR









REFER INQUIRIES TO:

Kim Jones



936-468-6551





ADDENDUM NO. 3








PROJECT MANUAL

RFP #GREENHOUSE PROJECT-18 ADDENDUM NO. 3

1. MODIFICAITONS TO SPEC SECTION 13123

• 2.7.D. Clarification of cooling equipment and controller

2. Written approval for equivalent manufacturers

• Conley • Ludy • Stubby, Inc.

Attached: Section 13123 Jessica DeWitt Physical Plant Project Coordinator


SECTION 13123

GREENHOUSE SYSTEMS


A. Drawings __________________

B. Drawings __________________




drawings.







purposes.




A. Design Criteria




B. Design Loads


2012 IBC Standards:



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a. D.L. + S.L.

b. D.L + W.L.




the greenhouse.






greenhouse plans.






by applicable code.


2.2 MATERIALS






50,000 psi.

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psi.

















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total).





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2.8 ERECTION




instructions.













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aluminum shutters

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sized and specified appropriately for capacity.




2.11 SHADE CLOTH


2.12 GROUND COVER




3.2 INSTRUCTION



END OF SECTION

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P. O. Box 13030







HAND DELIVER AND/OR









REFER INQUIRIES TO:

Kim Jones



936-468-6551





ADDENDUM NO. 2





PRE-PROPOSAL MEETING/SITE VISIT SIGN-IN SHEETS

The sign-in sheets from the mandatory pre-proposal meeting/site visit held on 01/15/2018 at 9:00 AM are

attached.

Please note the following responses to questions:

Q. Are other manufacturers acceptable?

A. Yes, to get prior approval from SFASU, please have information submitted to SFASU by 1/19/2018.

Q. Will there be a ridge vent on all three (3) bays?

A. There will be none required on any of the three (3) bays.

Q. What does it mean when it says that the Environmental Controller must be compatible with SFASU’s

interfacing?

A. SFASU will reword the specification. Internet access or Ethernet shall be sufficient.


SEE ATTACHED: EXHIBIT H: GEOTECHNICAL ENGINEERING REPORT



PROJECT MANUAL

RFP #GREENHOUSE PROJECT-18 ADDENDUM NO. 2 MODIFICAITONS TO SPEC SECTION 13123 • 2.1.A.5

o Other manufacturers with written SFA approval. • 1.2.D

o Remove reference to ridge vent • 2.5.C

o Remove ridge vents in total • 2.9

o Manufacturer standard environmental controls are acceptable. Where possible, interface with SFA CMCS.

Attached: Section 13123 Jessica DeWitt Physical Plant Project Coordinator


SECTION 13123

GREENHOUSE SYSTEMS


A. Drawings __________________

B. Drawings __________________




drawings.







purposes.




A. Design Criteria




B. Design Loads


2012 IBC Standards:



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a. D.L. + S.L.

b. D.L + W.L.




the greenhouse.






greenhouse plans.






by applicable code.


2.2 MATERIALS






50,000 psi.

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psi.

















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total).





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2.8 ERECTION




instructions.













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2.11 SHADE CLOTH


2.12 GROUND COVER




3.2 INSTRUCTION



END OF SECTION

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EXHIBIT H GEOTECHNICAL ENGINEERING

REPORT

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Geotechnical Engineering ReportSFA Greenhouse Structure

Nacogdoches, Texas

July 28, 2017

Terracon Project No. 93175036

Prepared for:


Nacogdoches, Texas

Prepared by:

Terracon Consultants, Inc.

Lufkin, Texas

Terracon Consul tants, Inc. 104 Jordan Plaza Boulevard, Suite 410 Tyler, TX 75704P [903] 593 7252 F [936] 634 8177 terracon.com

July 28, 2017


P.O. Box 13031 – SFA Station

Nacogdoches, Texas 75963

Attn: Ms. Jessica I. DeWitt, RID, LEED Green Associate

P: 936.468.4807

E: [email protected]

Re: Geotechnical Engineering Report

SFA Greenhouse Structure

SFA Pinewoods Native Plant Center

Nacogdoches, Texas

Terracon Project No. 93175036

Dear Ms. DeWitt:

Terracon Consultants, Inc. is pleased to submit our Geotechnical Engineering Report for the

SFA Greenhouse Structure planned at the SFA Pineywoods Native Plant Center in

Nacogdoches, Texas. We trust that this report is responsive to your project needs. Please

contact us if you have any questions or if we can be of further assistance.

We appreciate the opportunity to work with you on this project and look forward to providing

additional Geotechnical Engineering and Construction Materials Testing services in the future.

Sincerely,

Terracon Consultants, Inc.

(Texas Firm Registration No. F-3272)

Kevin Raul Ali, P.E.

Office Manager / Sr. Associate

William M. Martin, P.E., APMP Daniel E. Pickett, P.E.

Senior Geotechnical Engineer Senior Geotechnical Engineer

Enclosures

Copies Submitted: Addressee: PDF Electronic


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TABLE OF CONTENTS

Page

EXECUTIVE SUMMARY ............................................................................................................. i

1.0 INTRODUCTION ............................................................................................................. 1

2.0 PROJECT INFORMATION ............................................................................................. 1

2.1 Project Description ............................................................................................... 1

2.2 Site Location and Description............................................................................... 2

3.0 SUBSURFACE CONDITIONS ........................................................................................ 2

3.1 Typical Soil Profile ............................................................................................... 2

3.2 Groundwater ........................................................................................................ 3

4.0 RECOMMENDATIONS FOR DESIGN AND CONSTRUCTION ...................................... 4

4.1 Geotechnical Considerations ............................................................................... 4

4.2 Earthwork............................................................................................................. 4

4.2.1 Material Requirements ............................................................................. 4

4.2.2 Compaction Requirements ....................................................................... 5

4.2.3 Wet Weather/Soft Subgrade Considerations ............................................ 6

4.2.4 Grading and Drainage .............................................................................. 6

4.2.5 Earthwork Construction Considerations .................................................... 7

4.3 Foundation System .............................................................................................. 7

4.3.1 Design Recommendations – Shallow Foundation System ........................ 8

4.3.2 Shallow Foundation Construction Considerations ..................................... 9

4.3.3 Foundation Construction Monitoring ......................................................... 9

4.4 Grade Beams .................................................................................................... 10

4.6 Seismic Considerations ..................................................................................... 10

5.0 GENERAL COMMENTS ........................................................................................... 10

APPENDIX A – FIELD EXPLORATION

Exhibit A-1 Site Location Plan

Exhibit A-2 Boring Location Plan

Exhibit A-3 Field Exploration Description

Exhibits A-4 and A-5 Boring Logs

APPENDIX B – LABORATORY TESTING

Exhibit B-1 Laboratory Testing Description

APPENDIX C – SUPPORTING DOCUMENTS

Exhibit C-1 General Notes

Exhibit C-2 Unified Soil Classification System

Geotechnical Engineering ReportSFA Greenhouse Structure ■ Nacogdoches, TexasJuly 27, 2017 ■ Terracon Project No. 93175036

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EXECUTIVE SUMMARY

A geotechnical investigation has been performed for the proposed SFA Greenhouse Structure

planned at the SFA Pineywoods Native Plant Center in Nacogdoches, Texas. Based on the

information obtained from our subsurface exploration, the site can be developed for the proposed

project. A summary of our findings and geotechnical recommendations follows:

n Design finished subgrade elevation and the grading plan were not available when this

report was prepared. That information should be provided to Terracon so that our

recommendations can be reviewed, and revised if necessitated by the proposed

grading plan.

n Existing site grade as used in this report is referenced from surface grade that existed at

the time of our field activities.

n Borings B-1 and B-2 were drilled at locations within or near the proposed new

greenhouse building footprint.

n Soil stratigraphy at this site is layers of silty sand, clayey sand, sandy lean clay, and sandy

silty clay over glauconitic elastic silt (known locally as glauconite). The sands and clay soils

generally have low to very high strength and the glauconite has very high strength.

n Soils at this site generally have a very low to moderate potential for shrink/swell

movement. Estimated PVR at the existing ground surface within the proposed building

footprint ranges from less than one inch to about one and one-half inches.

n Groundwater was initially observed in Boring B-2 at a depth of about 17 feet during

drilling. Upon completion of drilling, the water levels in Borings B-1 and B-2 were

observed at depths of about 16 and 15 feet below existing site grade, respectively.

Groundwater was not observed in Boring B-1 during drilling.

n Shallow soils could become saturated during wet weather. This can cause an unstable

“pumping” condition during compaction.

n Site preparation within the area of the proposed foundations should include the removal

of surface vegetation, roots, loose topsoil, and otherwise unsuitable and deleterious

materials prior to placement of any new fill. The exposed subgrade surface should be

proof rolled, if practical, and/or evaluated by Terracon using other methods.

n Shallow footings for the building should be sized in accordance with recommendations

given in Section 4.3.1 Design Recommendations – Shallow Foundation System.

n Select fill should also be considered below exterior concrete flatwork.


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This summary should be used in conjunction with the entire report for design purposes. It

should be recognized that details were not included or fully developed in this section, and the

report must be read in its entirety for a comprehensive understanding of the items contained

herein. Section 5.0 GENERAL COMMENTS should be read for an understanding of the report

limitations.

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GEOTECHNICAL ENGINEERING REPORT

SFA GREENHOUSE STRUCTURE

NACOGDOCHES, TEXASProject No. 93175036

July 28, 2017

1.0 INTRODUCTION

Terracon Consultants, Inc. (Terracon) is pleased to submit our Geotechnical Engineering Report

for the SFA Greenhouse Structure planned at the SFA Pineywoods Native Plant Center in

Nacogdoches, Texas. This project was authorized through issuance of Stephen F. Austin State

University Purchase Order No. P1703226. We received notice to proceed from Ms. Jessica I.

DeWitt, RID, LEED Green Associate, with Stephen F. Austin State University via email on June

27, 2017. The project scope of services was performed in general accordance with Terracon

Proposal No. P93175036 dated April 21, 2017.

The purpose of this study is to evaluate the subsurface conditions observed in the two borings

drilled to a depth of about 20 feet for this project, analyze and evaluate the test data, and

provide geotechnical engineering recommendations relative to:

n subsurface soil conditions n earthwork

n groundwater conditions n foundation design and construction

n site and subgrade preparation n seismic considerations

2.0 PROJECT INFORMATION

2.1 Project Description

Item Description

Site layout See Appendix A, Exhibit A-2 Boring Location Plan.

StructuresBuilding – Three-bay single-story greenhouse structure with a

footprint of about 2,300 square feet.

Building Construction Aluminum gutter connected structure

Anticipated type of foundation and

floor slab

Shallow perimeter beam foundation with a crushed stone

aggregate-covered floor

Finished floor elevation Unknown at this time

Maximum loads Unknown at this time.

Maximum allowable settlement and

PVR tolerance1 inch (assumed).



Item Description

Anticipated type of pavement and

aggregate surfacingUnknown. Not within the geotechnical scope of services.

Below-grade structures None.

Retaining walls None.

2.2 Site Location and Description

Item Description

Location

See Appendix A, Exhibit A-1, Site Location Plan.

Site is located at the SFA Pineywoods Native Plant Center

located at 2900 Raguet Street in Nacogdoches, Texas.

Existing improvementsNo existing improvements within the footprint of the proposed

building.

Current ground cover Grass, weeds and organic debris.

Existing topography

Based on a topographic map provided by the client, the site

topography within the footprint of the proposed building

appears to vary with existing ground surface elevations

ranging from about 318 to 322 feet.

3.0 SUBSURFACE CONDITIONS

3.1 Typical Soil Profile

In general, soils at this site consist of layers of silty sand, clayey sand, sandy lean clay, and sandy


generally have low to very high strength and the glauconite has very high strength. The glauconitic

elastic silt is the parent geologic formation in Nacogdoches, and is locally identified as glauconite.

The glauconite was observed in both of the borings drilled to a depth of 20 feet at this site. Some

glauconite formations contain occasional cemented layers that are difficult to drill with the auger rig.

The samples of sandy lean clays and sandy silty clays that were tested and classified using the

Atterberg limits tests had plasticity indices of 7 and 26, indicating a very low to moderate

potential for shrink/swell movements associated with moisture changes. The samples of these

soils were further classified using the percent fines determination, and the amount of material

passing the No. 200 sieve were 56 and 64 percent.

The samples of silty sand and clayey sand were classified using the percent fines

determination. The percentage of fines (material passing the No. 200 sieve) measured in these



soils are 38 and 40 percent. The clayey sands have plasticity indices of 12 and 16, indicating a

low to moderate potential for shrink/swell movement. The silty sands are considered non-

plastic.

The sandy lean clays and sandy silty clay observed in our borings are generally considered very

stiff to hard, as indicated by SPT values ranging from 6 to 38 blows per foot. The clayey sands

are considered medium dense to very dense, as indicated by SPT values ranging from 17 to

greater than 50 blows per foot. The glauconite is considered hard, as indicated by SPT values

greater than 50 blows per foot.

Additional details of the subsurface conditions observed in each of the borings drilled for the project

are indicated on the individual boring logs included in Appendix A. Stratification boundaries on the

boring logs represent the approximate location of changes in soil types; however, the in-situ

transition between materials may be gradual.

3.2 Groundwater

The borings were advanced using the dry drilling procedure to their termination depths of about

20 feet in an effort to evaluate groundwater conditions at the time of the field program.

Observations regarding the presence and depth of seepage and groundwater were made in the

boreholes while drilling and upon completion of drilling. The groundwater observations are

summarized in the following table.

Summary of Short-Term Groundwater Information

Boring

Number

Approximate

Boring Depth

(feet)1

Approximate Groundwater Measurements (feet)1,2

Depth During Drilling Depth At Completion of Drilling

B-1 20 Not observed 16 and open to 16

B-2 20 17 15 and open to 16

1. Depths are with respect to existing grade.

2. Water levels were rounded to the nearest one-half foot.

These groundwater observations are considered short-term, since the borings were open for a

short time period. On a long-term basis, groundwater may be present at different depths other

than shown on the logs. In addition, groundwater may become temporarily trapped in the near-

surface soil layers causing perched water at very shallow depths from time to time.

Groundwater can also become trapped in deeper low-plasticity soil layers underlain by low-

permeability clay soils. Groundwater will fluctuate seasonally with climatic changes and should

be evaluated at the time of construction.



4.0 RECOMMENDATIONS FOR DESIGN AND CONSTRUCTION

The following recommendations are based upon the data obtained in our field and laboratory

programs, project information provided to us, and on our experience with similar subsurface

and site conditions.

4.1 Geotechnical Considerations

Design subgrade elevation of the building and the grading plan were not available when this

report was prepared. That information should be provided to Terracon so that our

recommendations can be reviewed, and revised if necessitated by the proposed grading plan.

In general, soils at this site consist of layers of silty sand, clayey sand, sandy lean clay, and sandy


generally have very low to moderate potential for shrink/swell movement.

As tentatively planned by the project design team, a shallow foundation system and crushed

stone aggregate floor system can be used for the proposed building, if the risk of shrink/swell

and settlement movement is acceptable. Recommendations are provided in the following

sections for preparation of the subgrade, and construction of foundations.

4.2 Earthwork

The construction areas should be stripped of any vegetation, organics, debris, deleterious

materials, and otherwise unsuitable soil. Debris might be present within the existing soil. If

encountered during excavation for foundations, such debris would need to be completely

removed and replaced with compacted select fill soil. The construction contract documents

should have a special line item provision for the possibility of encountering underground utilities,

unsuitable fill, and buried debris. Additional subgrade preparation recommendations specific to

the building foundations are discussed in subsequent sections.

Information from this study indicates that groundwater was initially observed in Boring B-2 at a

depth of about 17 feet during drilling, and was observed at depths of about 16 and 15 feet below

existing site grade immediately upon completion of drilling Borings B-1 and B-2, respectively.

Groundwater was not observed in Boring B-1 during drilling. Seepage from perched

groundwater in the surface and near-surface soil is possible. Provisions should be made in the

construction contract documents to handle any groundwater seepage, perched groundwater,

surface water, rainfall, runoff, or flood water.

4.2.1 Material Requirements

Select fill soils should meet the following criteria.



Fill Type 1 USCS Classification Acceptable Location For Placement

Select fill

Clayey Sand (SC) or

Sandy Lean Clay (CL)

4≤PI≤15

Must be used to achieve site grade and replace

overexcavated soil below foundations. Select fill

should also be considered below exterior concrete

flatwork to reduce potential movements.

1. Prior to any filling operations, samples of the proposed select fill materials should be obtained for

laboratory moisture-density testing. The tests will provide a basis for evaluation of fill compaction

by in-place density testing. Terracon should perform sufficient in-place density tests during the

filling operations to evaluate that proper levels of compaction, including dry unit weight and

moisture content, are being attained.

2. Imported select fill that does not meet the above criteria should not be used, unless approved by

the project team.

3. On-site cut soils at this site should not be used for select fill, unless approved by the project team.

Select fill should be free of rocks larger than 2 inches diameter, and should not contain organic

matter. We do not recommend that sandy silt and silty sand be used as select fill. Our

experience indicates that such sandy silt and silty sand soils are very sensitive to minor

changes in moisture content, have poor workability, and easily become saturated during rainfall.

This can cause an unstable “pumping” condition during compaction. Sides of excavations for

grade beams, foundations, and utilities cut into silty sand and sandy silt soil might collapse

during rainfall or if those soils become dry. Clay should not be blended with sand to create

select fill.

4.2.2 Compaction Requirements

Item Description

Fill Lift Thickness

The select fill should be placed on prepared surfaces in

lifts not to exceed 8 inches loose measure, with

compacted thickness not to exceed 6 inches.

Compaction Requirements

§ The select fill should be compacted to at least

95 percent of the material’s maximum dry unit

weight determined by ASTM D 698 Standard Effort.

Where fill thicknesses at the structure are greater

than 5 feet, compaction below the 5-foot depth

should be increased to at least 98 percent of the

maximum dry unit weight determined by ASTM D

698.

§ Fill soils should be moisture conditioned to within

3 percent of the material’s optimum moisture

content.



4.2.3 Wet Weather/Soft Subgrade Considerations

Construction operations may encounter difficulties due to the wet or soft subgrade soils

becoming a general hindrance to equipment due to rutting and pumping of the soil surface,

especially during and soon after periods of wet weather. If the subgrade cannot be proof rolled

or adequately compacted to minimum densities as described above, one of the following

measures will be required: 1) removal and replacement with select fill, 2) chemical treatment of

the soil to dry and increase the stability of the subgrade, or 3) drying by natural means if the

schedule allows. If chemical treatment of the soil is needed, Terracon should be contacted for

specific recommendations regarding type and amount of chemical, and procedures for chemical

treatment of wet and weak subgrade soils.

4.2.4 Grading and Drainage

All grades must provide effective drainage away from the building area during and after

construction. Water permitted to pond next to the building can result in distress to the structure.

These greater movements can result in unacceptable differential foundation movements and

poor structure performance.

Foundation performances described in this report are based on effective drainage for the life of

the structure and cannot be relied upon if effective drainage is not maintained. Exposed ground

should be sloped away from the building for at least 10 feet beyond the perimeter of the

building. After building construction and landscaping, we recommend verifying final grades to

document that effective drainage has been achieved. Grades around the structure should also

be periodically inspected and adjusted as necessary, as part of the structures’ maintenance

program.

Sprinkler mains and spray heads should be located a minimum of 5 feet away from the building

lines. Low-volume, drip style landscape irrigation should not be used near the buildings. Roof

runoff should be collected in drains or gutters. Roof drains and downspouts should discharge

onto pavements and/or flatworks which slope away from the building or down spouts should be

extended a minimum of 10 feet away from the structure.

Exterior flatwork and pavement may be subject to post-construction movement. Maximum

grades practical should be used for paving and flatwork to prevent water from ponding.

Allowances in final grades should also consider post-construction movement of flatwork,

particularly if such movement would be critical. Where paving or flatwork abuts the structure,

effectively seal and maintain joints to prevent surface water infiltration. Select fill should be

considered below flatwork to reduce the potential for movement and distress.

Utility trenches are a common source of water infiltration and migration. All utility trenches that

penetrate beneath the building should be effectively sealed to restrict water intrusion and flow

through the trenches that could migrate below the building. We recommend constructing an

effective clay “trench plug” that extends at least 5 feet out from the face of the building exterior.



The plug material should consist of clay with an Atterberg plasticity index of 12 to 25 compacted

at a water content at or above the soil’s optimum water content. The clay fill should be placed to

completely surround the utility line and be compacted in accordance with recommendations in

this report.

4.2.5 Earthwork Construction Considerations

The surface and near-surface soils at this site can become weak when saturated. The condition

is worsened when the soils are disturbed during construction, allowing rainfall to penetrate to

deeper depths more quickly. If unstable subgrade conditions develop, some type of treatment

measures as described in Section 4.2.3 Wet Weather/Soft Subgrade Considerations will need

to be used. The contractor should make provision for encountering wet, weak subgrade soils.

Upon completion of filling and grading, care should be taken to maintain the subgrade moisture

content prior to construction of foundations. Construction traffic over the completed subgrade

should be avoided to the extent practical. The site should also be graded to prevent ponding of

surface water on the prepared subgrade or in excavations. If the subgrade should become

frozen, desiccated, saturated, or disturbed, the affected material should be removed or these

materials should be scarified, moisture conditioned, and re-compacted prior to foundation

construction.

As a minimum, all temporary excavations should be sloped or braced as required by

Occupational Health and Safety Administration (OSHA) regulations to provide stability and safe

working conditions. Temporary excavations may be required during grading operations. The

grading contractor, by his contract, is usually responsible for designing and constructing stable,

temporary excavations and should shore, slope, or bench the sides of the excavations, as

required to maintain stability of both the excavation sides and bottom. All excavations should

comply with applicable local, state, and federal safety regulations, including the current OSHA

Excavation and Trench Safety Standards.

4.3 Foundation System

The building will be supported on a foundation system consisting of a perimeter beam and

shallow spread footings with a crushed stone area coverage floor system. This foundation type

may be used to support the structural loads of the proposed building, if the risk of shrink/swell

and settlement movement is acceptable, and provided the subgrade is prepared as discussed in

this report, including stripping, overexcavation, and placement of compacted select fill, if

necessary. Recommendations for this type of foundation system are provided in the following

sections, along with other geotechnical considerations for this project.



4.3.1 Design Recommendations – Shallow Foundation System

Description Individual Column Continuous Wall

Minimum embedment below finished grade

around perimeter of structure1 18 inches 18 inches

Recommended bearing stratumNatural competent soils or compacted select fill.

(Bearing stratum to be verified by Terracon.)

Minimum dimension 30 inches 16 inches

Net allowable bearing pressure, dead load

plus sustained live load2, 3 2,000 psf 1,600 psf

Net allowable bearing pressure, total load2,3 2,400 psf 2,000 psf

Estimated total settlement4 1 inch or less

Estimated differential settlement5 Approximately ½ of total settlement

Allowable passive pressure6 1,000 psf

Allowable frictional resistance7 250 psf

Uplift resistance8Foundation weight: 150 pcf

Soil weight: 120 pcf

1. To be bear within the natural competent soils or select fill soils.

2. The recommended net allowable bearing pressure is the pressure in excess of the minimum

surrounding overburden pressure at the footing base elevation. Assumes any unsuitable fill or

soft / weak soils, if encountered, will be undercut and replaced with properly compacted select fill.

3. Use whichever loading condition yields the larger size footing.

4. Provided proper construction practices are followed. A clear distance between footings of one

footing size of the larger of the two footings should not produce overlapping stress distributions,

and adjacent footings would essentially behave as independent foundations.

5. Differential settlements may result from variances in subsurface conditions, loading conditions and

construction procedures. The settlement response of the footings will be more dependent upon the

quality of construction than upon the response of the subgrade to the foundation loads.

6. Lateral loads transmitted to the shallow spread footings will be resisted by a combination of soil-

concrete friction on the base of the footing and passive pressure on the sides of the footing. The

passive pressure along the exterior face of the footings should be neglected within the upper

3 feet due to surface effects unless pavement and/or flatwork is provided up to the edge of

the structure.

7. Frictional resistance between bottom of footing and compacted select fill.

8. Structural uplift loads on the shallow footings may be resisted by the weight of the foundation and

supported structure plus the weight of soil backfill directly above the foundation. The ultimate uplift

capacity of shallow footings should be reduced by an appropriate factor of safety to compute

allowable uplift capacity.



4.3.2 Shallow Foundation Construction Considerations

Excavations for shallow footings should be performed with equipment capable of providing a

relatively clean bearing area. The bottom 6 inches of the excavations should be completed with

a smooth-mouthed bucket or by hand labor. The excavations should be neatly excavated and

properly formed. Debris in the bottom of the excavation should be removed prior to steel

placement. Water should not be allowed to accumulate at the bottom of the excavation. To

reduce the potential for groundwater seepage into the excavations and to minimize disturbance

to the bearing area, we recommend that concrete and steel be placed as soon as possible after

the excavations are completed. The bearing surface of the footings should be evaluated after

excavation is completed and immediately prior to placing concrete.

If unsuitable bearing soils are encountered in foundation excavations, the excavations should be

extended deeper to suitable select fill or native soils, and the foundation could bear directly on

these materials at the lower level or on lean concrete backfill placed in the excavations. The

foundation could also bear on properly compacted select backfill extending down to suitable

soils. Overexcavation for compacted select backfill placement below footings should extend

laterally beyond all edges of the footings at least 8 inches per foot of overexcavation depth

below the footing base elevation, as indicated below. The overexcavation should then be

backfilled up to the footing base elevation with select fill placed and compacted in accordance

with the procedures recommended in the Section 4.2 Earthwork. The overexcavation and

backfill procedure is illustrated in the following figures for lean concrete or select fill.

4.3.3 Foundation Construction Monitoring

The performance of the foundation system for the proposed building will be highly dependent

upon the quality of construction. Thus, we recommend that overexcavation of existing soils,

subgrade preparation, and foundation installation be monitored full-time by Terracon. During

foundation installation, the condition of the subgrade in foundation excavations should be

monitored by Terracon. We would be pleased to develop a plan for select fill pad construction

and foundation installation monitoring to be incorporated in the overall quality control program.



4.4 Grade Beams

Load-bearing grade beams should be designed in accordance with the recommendations given

for continuous wall. Grade beams should be designed by the project structural engineer,

considering the minimum depth and allowable bearing pressure criteria given in Section 4.3.1

Design Recommendations – Shallow Foundation System.

4.5 Seismic Considerations

Code Used Site Classification

2012 International Building Code (IBC) 1 D 2

1. In general accordance with the 2012 International Building Code, Table 1613.5.2.

2. The 2012 International Building Code (IBC) requires a site soil profile determination extending to a

depth of 100 feet for seismic site classification. The scope of services for this project required that

borings be drilled to a maximum depth of about 20 feet. The noted site classification considers

that moderate-strength to high-strength clayey and sandy soils exist below the maximum depth of

subsurface exploration. Based on the available field and laboratory test results and our

knowledge and experience with the local site geology, the seismic site class in accordance with

the IBC 2012 should be considered to be Site Class D.

Additional testing and analysis could be performed to confirm or revise the noted site class. A

seismic refraction survey and/or a site specific seismic analysis could be performed, and a soil

exploration boring could be drilled to a depth of 100 feet. Please let us know if further testing

and analysis is needed for seismic evaluation.

5.0 GENERAL COMMENTS

Terracon should be retained to review the final design plans and specifications so comments

can be made regarding interpretation and implementation of our geotechnical recommendations

in the design and specifications. Terracon also should be retained to provide observation and

testing services during grading, excavation, foundation construction and other earth-related

construction phases of the project.

The analysis and recommendations presented in this report are based upon the data obtained

from the borings performed at the indicated locations and from other information discussed in

this report. This report does not reflect variations that may occur between borings, across the

site, or due to the modifying effects of weather. The nature and extent of such variations may

not become evident until during or after construction. If variations appear, we should be



immediately notified so that further evaluation and supplemental recommendations can be

provided.

The scope of services for this project does not include either specifically or by implication any

environmental or biological (e.g., mold, fungi, bacteria) assessment of the site or identification or

prevention of pollutants, hazardous materials or conditions. If the owner is concerned about the

potential for such contamination or pollution, other studies should be undertaken.

This report has been prepared for the exclusive use of our client for specific application to the

project discussed and has been prepared in accordance with generally accepted geotechnical

engineering practices. No warranties, either express or implied, are intended or made. Site

safety, excavation support, and dewatering requirements are the responsibility of others. In the

event that changes in the nature, design, or location of the project as outlined in this report are

planned, the conclusions and recommendations contained in this report shall not be considered

valid unless Terracon reviews the changes and either verifies or modifies the conclusions of this

report in writing.

APPENDIX A

FIELD EXPLORATION

Site Location

SITE LOCATION PLAN

A-1

Project Manager:

Drawn by:

Checked by:

Approved by:

Project No.

Scale:

File Name:

Date:

Exhibit No.

1. SITE LOCATION PLAN PREPARED

FROM A MAP OBTAINED FROM GOOGLE

MAPS.

LEGEND93175036

07/13/2017

WMM

JM

WMM

DEP

NTS

93175036 SLP.pptx

1609 S. Chestnut Dr., Suite 107 Lufkin, Texas 75901

(936) 634-5044 (phone) (936) 634-8177 (fax)


Nacogdoches, Texas

1. BORING LOCATION PLAN PREPARED

FROM A DRAWING PROVIDED BY THE

CLIENT.

Approximate boring location.

BORING LOCATION PLAN

A-2

Project Manager:

Drawn by:

Checked by:

Approved by:

Project No.

Scale:

File Name:

Date:

Exhibit No.LEGEND93175036

07/13/2017

WMM

JM

WMM

DEP

NTS

93175036 BLP.pptx

1609 S. Chestnut Dr., Suite 107 Lufkin, Texas 75901

(936) 634-5044 (phone) (936) 634-8177 (fax)


Nacogdoches, Texas

B-1

B-2


Responsive ■ Resourceful ■ Reliable Exhibit A-3

Field Exploration Description

Subsurface conditions were evaluated by drilling two test borings, designated B-1 and B-2, to a

depth of about 20 feet at accessible locations within or near the proposed building area. The

borings were drilled on July 13, 2017, using truck-mounted drilling equipment at the

approximate locations shown on the Boring Location Plan, Exhibit A-2. The borings were

selected and located on the ground by Terracon by measuring from existing site features shown

on the Site Plan provided by the client. Coordinates at the boring locations were obtained with a

hand-held GPS unit, and these are shown on the boring logs. Boring locations and coordinates

should be considered accurate only to the degree implied by the means and methods used to

stake them on the ground and obtain that information. The boring depths were measured from

the existing surface at the time of our field activities. At the completion of our field activities, the

borings were backfilled with soil cuttings.

Soils were sampled by means of the Standard Penetration Test (SPT). This test consists of

measuring the number of blows (N) required for a 140-pound hammer free falling 30 inches to drive

a standard split-barrel sampler 12 inches into the subsurface material after being seated 6 inches.

This blow count, or SPT N-value, is used to evaluate the stratum.

Samples were removed from samplers in the field, visually classified, and appropriately sealed in

sample containers to preserve their moisture contents. Samples were returned to our laboratory in

Lufkin, Texas. Samples not tested in the laboratory will be stored for a period of 30 days

subsequent to submittal of this report and will be discarded after this period, unless we are

notified otherwise.

A field log of each boring was prepared as drilling and sampling progressed. These field logs

included visual classification of the soils observed during drilling. Laboratory testing was used

to evaluate the soil properties and general soil conditions. The final boring logs included with

this report represent the geotechnical engineer’s interpretation of the field logs, and include

modifications based on visual observations of soil samples and testing of the samples in the

laboratory. SPT results, which give an indication of strength of the soil, are shown on the logs.

Soil descriptions and symbols used on the logs are in general accordance with the Unified Soil

Classification System (USCS). The boring logs, presenting the subsurface soil descriptions,

type of sampling used, and additional field data, are presented on Exhibits A-4 and A-5. The

General Notes, which define the terms used on the logs, are presented on Exhibit C-1. The Unified

Soil Classification System is presented on Exhibit C-2. Surface elevations shown on the boring

logs were estimated by Terracon using the topographic map provided by the Client. Those

elevations should be verified by field survey, and should not be used for design or construction.

Borings were advanced by the dry auger drilling procedure. Observations regarding the

presence and depth of seepage and groundwater were made in the boreholes while drilling and

immediately upon completion of drilling. This information is shown on the boring logs. A more


Responsive ■ Resourceful ■ Reliable Exhibit A-3

detailed study would be needed to determine a more accurate location of groundwater and

seepage rates. To obtain more detailed groundwater information, additional deep borings,

water level observations on a long-term basis, and setting and monitoring piezometers

(observation wells) over an extended period of time may be required.

7-3-3N=6

3-7-10N=17

7-13-18N=31

6-8-12N=20

13-26-32N=58

16-21-32N=53

2.0

17.0

20.0

SANDY SILTY CLAY (CL-ML), red and tan,medium stiff

CLAYEY SAND (SC), tan and red, medium denseto very dense, with iron ore gravel

- tan and brown below 12 feet

GLAUCONITIC ELASTIC SILT (MH), dark gray,hard

Boring Terminated at 20 Feet

56

40

31

10

18

46

16-9-7

30-18-12

62-50-12

320

305

302

GR

AP

HIC

LO

G

Hammer Type: Rope and CatheadStratification lines are approximate. In-situ, the transition may be gradual.Surface elevation was estimated from a topographic map provided by the client.

TH

IS B

OR

ING

LO

G IS

NO

T V

ALI

D IF

SE

PA

RA

TE

D F

RO

M O

RIG

INA

L R

EP

OR

T.

G

EO

SM

AR

T L

OG

-NO

WE

LL 9

317

503

6 S

FA

GR

EE

NH

OU

SE

.GP

J T

ER

RA

CO

N_D

AT

AT

EM

PLA

TE

.GD

T 7

/28

/17

FIE

LD T

ES

TR

ES

ULT

S

SFA Pineywoods Native Plant Center Nacogdoches, TexasSITE:

Page 1 of 1

Advancement Method:Dry augered to 20 feet.

Abandonment Method:Backfilled with Auger Cuttings

Notes:

Project No.: 93175036

Drill Rig: Truck

Boring Started: 7/13/2017

BORING LOG NO. B-1Stephen F. Austin State UniversityCLIENT:Nacogdoches, Texas

Driller: Lewis Drilling, Inc

Boring Completed: 7/13/2017

Exhibit: A-4

See Exhibit A-3 for description of fieldprocedures.See Appendix B for description of laboratoryprocedures and additional data (if any).

See Appendix C for explanation of symbols andabbreviations.

PROJECT: SFA Greenhouse Structure

1609 S Chestnut St Ste 107Lufkin, TX

WATER LEVEL OBSERVATIONSGroundwater was not observed during drilling.

16 ft

16 ft and open to 16 ft upon completion

DEPTH

LOCATION

Latitude: 31.629083° Longitude: -94.64625°

See Exhibit A-2

CO

MP

RE

SS

IVE

ST

RE

NG

TH

(tsf

)

ST

RA

IN (

%)

TE

ST

TY

PE

PE

RC

EN

T F

INE

S

WA

TE

RC

ON

TE

NT

(%

)

DR

Y U

NIT

WE

IGH

T (

pcf)

ATTERBERGLIMITS

LL-PL-PI

ELEVATION (Ft.)

Surface Elev.: 322 (Ft.)

WA

TE

R L

EV

EL

OB

SE

RV

AT

ION

S

DE

PT

H (

Ft.)

5

10

15

20

SA

MP

LE T

YP

E STRENGTH TEST

8-13-17N=30

8-17-21N=38

6-8-12N=20

50/4"

16-24-32N=56

21-27-32N=59

0.5

7.0

12.0

20.0

SILTY SAND (SM), brown, with iron ore gravelSANDY LEAN CLAY (CL), tan and brown, very stiffto hard

CLAYEY SAND (SC), tan and brown, very dense

GLAUCONITIC ELASTIC SILT (MH), dark gray,hard

Boring Terminated at 20 Feet

64

38

20

15

33

45

45-19-26

45-29-16

58-44-14

317.5

311

306

298

GR

AP

HIC

LO

G

Hammer Type: Rope and CatheadStratification lines are approximate. In-situ, the transition may be gradual.Surface elevation was estimated from a topographic map provided by the client.

TH

IS B

OR

ING

LO

G IS

NO

T V

ALI

D IF

SE

PA

RA

TE

D F

RO

M O

RIG

INA

L R

EP

OR

T.

G

EO

SM

AR

T L

OG

-NO

WE

LL 9

317

503

6 S

FA

GR

EE

NH

OU

SE

.GP

J T

ER

RA

CO

N_D

AT

AT

EM

PLA

TE

.GD

T 7

/28

/17

FIE

LD T

ES

TR

ES

ULT

S

SFA Pineywoods Native Plant Center Nacogdoches, TexasSITE:

Page 1 of 1

Advancement Method:Dry augered to 20 feet.

Abandonment Method:Backfilled with Auger Cuttings

Notes:

Project No.: 93175036

Drill Rig: Truck

Boring Started: 7/13/2017

BORING LOG NO. B-2Stephen F. Austin State UniversityCLIENT:Nacogdoches, Texas

Driller: Lewis Drilling, Inc

Boring Completed: 7/13/2017

Exhibit: A-5

See Exhibit A-3 for description of fieldprocedures.See Appendix B for description of laboratoryprocedures and additional data (if any).

See Appendix C for explanation of symbols andabbreviations.

PROJECT: SFA Greenhouse Structure

1609 S Chestnut St Ste 107Lufkin, TX

WATER LEVEL OBSERVATIONS17 ft During drilling

15 ft

15 ft and open to 16 ft upon completion

DEPTH

LOCATION

Latitude: 31.629278° Longitude: -94.646306°

See Exhibit A-2

CO

MP

RE

SS

IVE

ST

RE

NG

TH

(tsf

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ST

RA

IN (

%)

TE

ST

TY

PE

PE

RC

EN

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INE

S

WA

TE

RC

ON

TE

NT

(%

)

DR

Y U

NIT

WE

IGH

T (

pcf)

ATTERBERGLIMITS

LL-PL-PI

ELEVATION (Ft.)

Surface Elev.: 318 (Ft.)

WA

TE

R L

EV

EL

OB

SE

RV

AT

ION

S

DE

PT

H (

Ft.)

5

10

15

20

SA

MP

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E STRENGTH TEST

APPENDIX B

LABORATORY TESTING


Responsive ■ Resourceful ■ Reliable Exhibit B-1

Laboratory Testing Description

Selected soil samples were tested in the laboratory to measure their water content (ASTM D

2216), Atterberg limits (ASTM D 4318) and percent finer than the No. 200 sieve (ASTM D

1140). The test results are provided on the boring logs included in Appendix A.

Descriptive classifications of the soils indicated on the boring logs are in accordance with the

General Notes and the Unified Soil Classification System included in Appendix C. Unified Soil

Classification Symbols for the different soil strata were determined from test results, or

estimated by visual examination (ASTM D 2487) of the soil samples. Those symbols are also

shown on the boring logs.

ASTM procedural standards noted above are for reference methodology in general. In some

cases, variations to methods are applied as a result of local practice or professional judgment.

APPENDIX C

SUPPORTING DOCUMENTS

Exhibit C-1

GENERAL NOTES

DRILLING & SAMPLING SYMBOLS:

SS: Split Spoon - 1-3/8" I.D., 2" O.D., unless otherwise noted HS: Hollow Stem Auger

ST: Thin-Walled Tube – 2” O.D., 3" O.D., unless otherwise noted PA: Power Auger (Solid Stem)

RS: Ring Sampler - 2.42" I.D., 3" O.D., unless otherwise noted HA: Hand Auger

DB: Diamond Bit Coring - 4", N, B RB: Rock Bit

BS: Bulk Sample or Auger Sample WB Wash Boring or Mud Rotary

The number of blows required to advance a standard 2-inch O.D. split-spoon sampler (SS) the last 12 inches of the total 18-inchpenetration with a 140-pound hammer falling 30 inches is considered the “Standard Penetration” or “N-value”.

WATER LEVEL MEASUREMENT SYMBOLS:

WL: Water Level WS: While Sampling BCR: Before Casing Removal

WCI: Wet Cave in WD: While Drilling ACR: After Casing Removal

DCI: Dry Cave in AB: After Boring N/E: Not Encountered

Water levels indicated on the boring logs are the levels measured in the borings at the times indicated. Groundwater levels at othertimes and other locations across the site could vary. In pervious soils, the indicated levels may reflect the location of groundwater. Inlow permeability soils, the accurate determination of groundwater levels may not be possible with only short-term observations.

DESCRIPTIVE SOIL CLASSIFICATION: Soil classification is based on the Unified Soil Classification System. Coarse Grained Soilshave more than 50% of their dry weight retained on a #200 sieve; their principal descriptors are: boulders, cobbles, gravel or sand.Fine Grained Soils have less than 50% of their dry weight retained on a #200 sieve; they are principally described as clays if they areplastic, and silts if they are slightly plastic or non-plastic. Major constituents may be added as modifiers and minor constituents maybe added according to the relative proportions based on grain size. In addition to gradation, coarse-grained soils are defined on thebasis of their in-place relative density and fine-grained soils on the basis of their consistency.

CONSISTENCY OF FINE-GRAINED SOILS RELATIVE DENSITY OF COARSE-GRAINED SOILS

UnconfinedCompressive

Strength, Qu, psf

Standard Penetrationor N-value (SS)

Blows/Ft.Consistency

Standard Penetrationor N-value (SS)

Blows/Ft.Relative Density

< 500 0 – 1 Very Soft 0 – 3 Very Loose

500 – 1,000 2 – 3 Soft 4 – 9 Loose

1,000 – 2,000 4 – 7 Medium Stiff 10 – 29 Medium Dense

2,000 – 4,000 8 – 14 Stiff 30 – 50 Dense

4,000 – 8,000 15 – 30 Very Stiff 50 + Very Dense

8,000+ 30 + Hard

RELATIVE PROPORTIONS OF SAND AND GRAVEL GRAIN SIZE TERMINOLOGY

Descriptive Term(s)of other constituents

Percent ofDry Weight

Major Componentof Sample

Particle Size

Trace < 15 Boulders Over 12 in. (300mm)

With 15 – 29 Cobbles 12 in. to 3 in. (300mm to 75mm)

Modifier > 29 Gravel 3 in. to #4 sieve (75mm to 4.75mm)

Sand #4 to #200 sieve (4.75 to 0.075mm)

Silt or Clay Passing #200 Sieve (0.075mm)

RELATIVE PROPORTIONS OF FINES PLASTICITY DESCRIPTION

Descriptive Term(s)of other constituents

Percent ofDry Weight

TermPlasticity

Index

Trace < 5 Non-plastic 0

With 5 – 12 Low 1 – 10

Modifier > 12 Medium 11 – 30

High > 30

Rev. 3/11

Exhibit C-2

UNIFIED SOIL CLASSIFICATION SYSTEM

Criteria for Assigning Group Symbols and Group Names Using Laboratory Tests A

Soil Classification

Group

SymbolGroup Name B

Coarse Grained Soils:

More than 50% retained

on No. 200 sieve

Gravels:

More than 50% of

coarse fraction retained

on No. 4 sieve

Clean Gravels:

Less than 5% fines C

Cu ³ 4 and 1 £ Cc £ 3 E GW Well-graded gravel F

Cu < 4 and/or 1 > Cc > 3 E GP Poorly graded gravel F

Gravels with Fines:

More than 12% fines C

Fines classify as ML or MH GM Silty gravel F,G,H

Fines classify as CL or CH GC Clayey gravel F,G,H

Sands:

50% or more of coarse

fraction passes No. 4

sieve

Clean Sands:

Less than 5% fines D

Cu ³ 6 and 1 £ Cc £ 3 E SW Well-graded sand I

Cu < 6 and/or 1 > Cc > 3 E SP Poorly graded sand I

Sands with Fines:

More than 12% fines D

Fines classify as ML or MH SM Silty sand G,H,I

Fines classify as CL or CH SC Clayey sand G,H,I

Fine-Grained Soils:

50% or more passes the

No. 200 sieve

Silts and Clays:

Liquid limit less than 50

Inorganic:PI > 7 and plots on or above “A” line J CL Lean clay K,L,M

PI < 4 or plots below “A” line J ML Silt K,L,M

Organic:Liquid limit - oven dried

< 0.75 OLOrganic clay K,L,M,N

Liquid limit - not dried Organic silt K,L,M,O

Silts and Clays:

Liquid limit 50 or more

Inorganic:PI plots on or above “A” line CH Fat clay K,L,M

PI plots below “A” line MH Elastic Silt K,L,M

Organic:Liquid limit - oven dried

< 0.75 OHOrganic clay K,L,M,P

Liquid limit - not dried Organic silt K,L,M,Q

Highly organic soils: Primarily organic matter, dark in color, and organic odor PT Peat

A Based on the material passing the 3-inch (75-mm) sieveB If field sample contained cobbles or boulders, or both, add “with cobbles

or boulders, or both” to group name.C Gravels with 5 to 12% fines require dual symbols: GW-GM well-graded

gravel with silt, GW-GC well-graded gravel with clay, GP-GM poorly

graded gravel with silt, GP-GC poorly graded gravel with clay.D Sands with 5 to 12% fines require dual symbols: SW-SM well-graded

sand with silt, SW-SC well-graded sand with clay, SP-SM poorly graded

sand with silt, SP-SC poorly graded sand with clay

E Cu = D60/D10 Cc =

6010

2

30

DxD

)(D

F If soil contains ³ 15% sand, add “with sand” to group name.G If fines classify as CL-ML, use dual symbol GC-GM, or SC-SM.

H If fines are organic, add “with organic fines” to group name.I If soil contains ³ 15% gravel, add “with gravel” to group name.J If Atterberg limits plot in shaded area, soil is a CL-ML, silty clay.K If soil contains 15 to 29% plus No. 200, add “with sand” or “with gravel,”

whichever is predominant.L If soil contains ³ 30% plus No. 200 predominantly sand, add “sandy” to

group name.M If soil contains ³ 30% plus No. 200, predominantly gravel, add

“gravelly” to group name.N PI ³ 4 and plots on or above “A” line.O PI < 4 or plots below “A” line.P PI plots on or above “A” line.Q PI plots below “A” line.



P. O. Box 13030







HAND DELIVER AND/OR









REFER INQUIRIES TO:

Kim Jones



936-468-6551





ADDENDUM NO. 1





CHANGE TO EXHIBIT E: Added Project Drawings


EXHIBIT E

PROJECT DRAWINGS

Stephen F. Austin State University RFP #GREENHOUSE PROJECT-18

Page 1 of 15

PROCUREMENT AND PROPERTY SERVICES P. O. Box 13030




PROPOSAL MUST BE RECEIVED BEFORE: 5:00PM, WEDNESDAY, JANUARY 31, 2018

HAND DELIVER AND/OR MAIL PROPOSAL TO: EXPRESS MAIL TO:


Procurement and Property Services Procurement and Property Services P. O. Box 13030, SFA Station 2124 Wilson Drive




Procurement and Property Services before the hour and date specified for receipt of proposal.

REFER INQUIRIES TO:

Kim Jones Stephen F. Austin State University

Procurement and Property Services 936.468.6551

E-mail: [email protected]




TABLE OF CONTENTS

Section 1 – INTRODUCTION 1.1 Scope of Proposal 1.2 SFA Information 1.3 Project Completion 1.4 Schedule of Events 1.5 Open Records 1.6 Historically Underutilized Businesses 1.7 Bonds and Insurance 1.8 Title IX 1.9 Parking on Campus 1.10 U.S. Department of Homeland Security’s E-Verify System 1.11 Israel Non-boycott Verification 1.12 Contracts with Foreign Terrorist Organizations Prohibited

Section 2 – STATEMENT OF WORK 2.1 Scope of Work 2.2 Standard Form of Contract 2.3 Uniform General Conditions and Supplementary General Conditions 2.4 Liquidated Damages 2.5 Prevailing Wage Rates

Section 3 – INSTRUCTIONS TO RESPONDENTS 3.1 Mandatory Pre-Proposal Conference 3.2 Contact 3.3 Submittal Deadline and Location 3.4 Submittal Instructions 3.5 Acceptance and Formation of Agreement 3.6 Evaluation Criteria 3.7 Proposal Format

EXHIBITS Exhibit A Execution of Offer Exhibit B Acknowledgment of Addenda Exhibit C Pricing Proposal Exhibit D Historically Underutilized Business (HUB) Subcontracting Plan Exhibit E Project Manual Exhibit F Uniform General Conditions and Supplementary General Conditions Exhibit G Prevailing Wage Rates


SECTION 1 INTRODUCTION

1.1 SCOPE OF PROPOSAL

Stephen F. Austin State University, hereafter referred to as “SFA” or “the University”, is seeking proposals, in accordance with Gov’t Code 51.783, for a general contractor to perform contractor services associated with construction of a greenhouse addition located at the Native Plant Center on the campus of Stephen F. Austin State University, Nacogdoches, Texas, in accordance with the Project Manual, Uniform General Conditions, Special Conditions and other exhibits herein and attached.

1.2 SFA INFORMATION SFA is an institution of higher education operated as an agency of the State of Texas. SFA employs approximately 1600 full and part-time faculty and staff members. SFA had an enrollment of 12,614 full and part-time students during the fall 2017 semester. Most staff positions are based on a 12-month appointment coinciding with the fiscal year (9/1-8/31). Contracts are executed only for faculty members, and limited other appointments. A nine-member Board of Regents is appointed by the governor of Texas, with each regent serving staggered six-year terms.

1.3 PROJECT COMPLETION The University requires that the job be performed and completed, including clean-up by July 1, 2018. All work is to be coordinated with Jessica DeWitt, Project Coordinator, 936-468-4807, [email protected] 1.4 SCHEDULE OF EVENTS

*DATE EVENT

January 9, 2018 Issuance of Request for Proposal

January 15, 2018 at 9:00 AM Mandatory Pre-Proposal Meeting

January 17, 2018 Question and Answer Addenda Document Posted

January 31, 2018 by 5:00 PM Requests for Proposals Due

February 1, 2018 until awarded Evaluation of Proposals and Selection of Contractor

February 2018 Notification of Award

Spring/Early Summer 2018 Construction Period

July 1, 2018 Completion/Date

*Dates are tentative and subject to change. 1.5 OPEN RECORDS

SFA anticipates that the review of the proposals will be completed and awarded in February 2018. Due to the nature of the proposals, the parties understand the information exchanged in the negotiation process is confidential to the fullest extent permitted by law, and neither party will disclose such information to anyone other than representatives of the negotiating parties except as required by Texas law. Final awards and agreements, after all negotiations are completed, may be subject to open records. Additionally, state law requires each contract for the purchase of goods or services to be posted on the University’s website. By entering into a contract with the



University, the firm acknowledges and accepts the University will comply with all applicable laws regarding the public posting of contracts.

1.6 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB)

SEE EXHIBIT C – HUB SUBCONTRACTING PLAN READ CAREFULLY

Each respondent is required to make a good faith effort to subcontract with historically underutilized businesses and shall submit a HUB Subcontracting Plan using the HUB Subcontracting Plan documents provided in Exhibit D. Stephen F. Austin State University is committed to making a good faith effort to increase business with historically underutilized businesses (HUBs) by contracting with HUBs either directly or indirectly through subcontracting opportunities. Respondents are encouraged to actively subcontract or collaborate with HUBs in an effort to create an environment that actively acknowledges and values diversity. The university has determined that subcontracting opportunities are probable under this contract. The university’s HUB goal for this procurement is: 15.9% for Building Construction

Each HUB subcontracting plan is evaluated independently of the response. If the HSP does not reflect a good faith effort to subcontract with HUBs, the entire response is disqualified.

All questions regarding the HUB Subcontracting Plan may be directed to the Director of

Procurement and Property Services/HUB Coordinator, Kay Johnson, 936-468-4037,

[email protected].

Failure to submit the HUB Subcontracting Plan will disqualify the bid from consideration.

1.7 BONDS AND INSURANCE

The cost of all required bonds shall be included in the response.

Bid Bond: A bid bond or bid security in the form of a Certified or Cashier's check on a State or National Bank in the State of Texas, or a Bid Bond from a Surety Company authorized to transact business in the State of Texas, and made payable to Stephen F. Austin State University in the amount of 5% of the largest proposed amount must accompany each response as a guarantee that, if awarded the Purchase Order, the Contractor will execute the required Performance and Payment Bonds, if required, in such form and with such Sureties as SFA may prescribe or approve. Proposals submitted without a bid bond or bid security will not be considered. Performance and Payment Bonds: Performance bonds are required on contracts exceeding $100,000. Payment bonds are required on contracts exceeding $25,000. Refer to Article 5.1 in the Uniform General Conditions. Should the Contractor fail to execute and return the required Performance and Payment Bonds within ten (10) days after the date of notice of award, the Bid Guarantee shall become the property of SFASU, not as a penalty but as liquidated damages.



Insurance: Certificates of Insurance are to be provided as required in Article 5.2 of the Uniform General Conditions and Supplementary General Conditions.

1.8 TITLE IX

Stephen F. Austin State University strictly adheres to Title IX of the Education Amendments of

1972, the federal Campus Sexual Violence Elimination Act; United States Department of

Education regulations and directives; and the University’s sexual harassment policy and

procedures (“Regulations”). Specifically, the Regulations apply to all students, employees,

visitors, and other third parties on Stephen F. Austin State University-controlled property,

including institutions and entities with whom Stephen F. Austin State University places its

students. Further, such Regulations prohibit unequal treatment on the basis of sex as well as

sexual harassment and sexual misconduct. As a condition of employment, enrollment, doing

business, or being permitted on the campus, the above-mentioned individuals, organizations, and

entities must agree to: 1) Report immediately to the Title IX coordinator any and all claims of sex

discrimination or sexual misconduct; 2) Cooperate with Stephen F. Austin State University’s Title

IX investigation; and, 3) Cooperate fully with all sanctions that Stephen F. Austin State University

may impose against such individual, organization, or entity, who is found to have violated the

Regulations. If the individual, organization, or entity fails to adhere to any of the aforementioned

requirements, Stephen F. Austin State University reserves the right to take appropriate action,

including but not necessarily limited to, immediate removal from campus; discipline of employees

and students (including termination of employment and/or expulsion from school); and termination

of business or contractual relationships.

1.9 PARKING ON CAMPUS All vehicles parked on the University campus must properly display a valid parking permit and comply with all University parking rules. The Parking and Traffic Office supervises and coordinates all parking transportation and traffic related functions on the campus. Permits expire each August 31. Contractor shall be responsible for obtaining parking permits from the Parking and Traffic Office and for resolving, should they arise, any parking regulation disputes and violations. The Parking and Traffic Office telephone number is 936-468-7275

1.10 U.S. DEPARTMENT OF HOMELAND SECURITY’S E-VERIFY SYSTEM

By entering into this Contract, the Contractor certifies and ensures that it utilizes and will continue to utilize, for the term of this Contract, the U.S. Department of Homeland Security’s E- Verify system to determine the eligibility of:

1. All persons employed to perform duties within Texas, during the term of the Contract; and

2. All persons (including subcontractors) assigned by the Contractor to perform work

pursuant to the Contract, within the United States of America.

The Contractor shall provide, upon request of SFA, an electronic or hardcopy screenshot of the

confirmation or tentative non-confirmation screen containing the E-Verify case verification

number for attachment to the Form I-9 for the three most recent hires that match the criteria

above, by the Contractor, and Contractor’s subcontractors, as proof that this provision is being

followed.

If this certification is falsely made, the Contract may be immediately terminated, at the discretion

of SFA and at no fault to SFA, with no prior notification. The Contractor shall also be responsible

for the costs of any re-solicitation that SFA must undertake to replace the terminated Contract.


1.11 ISRAEL NON-BOYCOTT VERIFICATION

Pursuant to Section 2270.002, Texas Government Code, by submitting a response, the selected Contractor hereby represents, verifies, and warrants that it does not boycott Israel and will not boycott Israel during the term of the Agreement, as Section 808.001(1), Texas Government Code defines that term.

1.12 CONTRACTS WITH FOREIGN TERRORIST ORGANIZATIONS PROHIBITED

Pursuant to Section 2252.152, Texas Government Code, and to the extent applicable, Contracting Party hereby represents, verifies, and warrants that it does not do business with Iran, Sudan, or any foreign terrorist organization identified on a list prepared and maintained under Section 806.051, 807.051, or 2252.153, Texas Government Code.


SECTION 2

STATEMENT OF WORK 2.1 SCOPE OF WORK

Stephen F. Austin State University, hereafter referred to as “SFA” or “the University”, is seeking proposals in accordance with Gov’t Code 51.783 for a general contractor to perform contractor services associated with construction of a Greenhouse Addition at the Native Plant Center on the campus of Stephen F. Austin State University, Nacogdoches, Texas in accordance with the Project Manual, Uniform General Conditions, Special Conditions and other Exhibits herein and attached.

2.2 STANDARD FORM OF CONTRACT

By submitting a proposal, the Respondent agrees to accept a contract including the

specifications, terms and conditions, Uniform General Conditions, Supplementary General

Conditions and drawings herein and attached to this Request for Proposal.

After award, the University will issue a General Contractor contract document. The base contract

document will be “AIA 101 1997 Standard Form of Agreement between Owner and Contractor

where the basis of payment if a stipulated sum”. The contract will be modified by SFA as needed

to comply with the Uniform and Supplementary General Conditions and state law.

2.3 UNIFORM GENERAL CONDITIONS AND SUPPLEMENTARY GENERAL CONDITIONS

The attached Uniform General Conditions (UGC) and Supplementary General Conditions (SGC),

Exhibit F, are an integral part of this document. The respondent is responsible for reading and

being familiar with all of the requirements of the Uniform and Supplementary General Conditions.

Failure to consider all the requirements of the UGC and SGC does not relieve the Contractor from

the obligation to fulfill all requirements of the UGC and SGC.

2.4 LIQUIDATED DAMAGES

The liquidated damages are standard in our contract document at $1000 per calendar day.

2.5 PREVAILING WAGE RATES

In accordance with Texas Gov’t Code 2258.022, Stephen F. Austin State University completed a determination of wage rates for Nacogdoches County. The attached “Minimum Wage Rate Determination” provides additional documentation about the determination and requirements for compensation. The total hourly compensation to each worker must equal or exceed the minimum wage rates stated in the “2015 SFA Prevailing Wage” attachment, Total Column. See Exhibit F.

The attached “Worker Wage Rate Form” is to be used by the construction manager and all

subcontractors engaged in this project. The completed notice must be accepted by all workers involved in the project and delivered to the Physical Plant prior to substantial completion or with pay applications. Separate Worker Wage Rates Forms are to be completed for each worker engaged in multiple classifications. See Exhibit G.

For additional information regarding the applicability of Prevailing Wage Rates, refer to Uniform

General Conditions, Article 2, and Paragraph 2.2.


SECTION 3

INSTRUCTIONS TO RESPONDENTS

3.1 MANDATORY PRE-PROPOSAL CONFERENCE

A MANDATORY pre-proposal conference and site visit is scheduled for 9:00 AM Monday,

January 15, 2018 in the Physical Plant Training Room, 2124 Wilson Drive, Nacogdoches, Texas

on the campus of Stephen F. Austin State University. A site visit is scheduled after the pre-

proposal meeting.

Failure to attend the pre-proposal conference and site visit will forfeit consideration of the

Respondent’s bid. 3.2 CONTACT INFORMATION

All questions regarding the RFP or response must be forwarded to the Director of Procurement and Property Services:

Kay Johnson P.O. Box 13030, SFA Station Nacogdoches, TX 75962 Phone: 936.468.4037 Fax: 936.468.4282 Email: [email protected]

3.3 SUBMITTAL DEADLINE AND LOCATION

All proposals must be received by SFA no later than 5:00pm, Wednesday, January 31, 2018. Proposals are to be submitted to:

HAND DELIVER AND/OR


Stephen F. Austin State University Stephen F. Austin State University Procurement and Property Services Procurement and Property Services

P.O. Box 13030, SFA Station 2124 Wilson Drive Nacogdoches, TX 75962-3030 Nacogdoches, TX 75962

All U.S. Mail addressed to any component of SFA is delivered to a central mailroom and redistributed by SFA personnel to the addressee’s on-campus post office box. Consequently, there is a possibility of delay between receipt of mail at the central mailroom and receipt in the Procurement and Property Services Department. Proposals must be in the office of the Procurement and Property Services Department by the time set for RFP closing in order to be considered, and receipt by SFA at the central mailroom will not be deemed sufficient. The University shall not be responsible for responses received after the due date and time. Late responses will not be considered under any circumstances. Properly identified late responses will be returned to the Respondent unopened. Proposals will be publicly opened Thursday, February 1, 2018 at 8:00 am in the office of the Director of Procurement, 2124 Wilson Drive. Only the names of the Respondents will be read aloud. Proposals received after the time for closing will be returned to Respondent unopened regardless of the circumstance. It is the responsibility of the Respondent to get the proposals delivered in a timely manner, regardless of delivery method or circumstances.



Faxed or electronically mailed proposals will not be accepted. Proposals may be withdrawn at any time prior to the time and date set for proposal closing. Stephen F. Austin State University reserves the right to accept or reject any or all proposals and to waive irregularities or technicalities provided such waiver does not substantially change the offer or provide a competitive advantage to any Respondent in the judgment of Stephen F. Austin State University.

3.4 SUBMITTAL INSTRUCTIONS

All proposals must be submitted in the format prescribed in Section 3.7. Each Respondent must submit at least one (1) original printed proposal with original signatures on the Execution of Offer. The printed copy shall (1) be unbound; (2) contain divider sheets or tabs; (3) be printed on 8-1/2 in. x 11 in. white paper to enable copying, if needed; and (4) be a complete copy of all information submitted with Respondent’s Proposal. Colors must reproduce in a legible manner on a black-and-white copier. Respondent shall also submit one (1) complete electronic copy of the printed copy of the Proposal on electronic media (e.g., USB Drive [SFA’s preference], CD-ROM, or DVD-ROM) in a Microsoft Office (Word, Excel, Project and PowerPoint files) version 2003 or later format, or searchable Adobe .PDF files. . Respondents shall divide the electronic copy into TWO (2) separate electronic files, one of which shall contain Respondent’s Qualifications and the other of which shall contain Exhibits A-D and Bid Bond. All proposals must be complete and convey all of the information requested to be considered responsive. If the proposal fails to conform to the essential requirements of the RFP, SFA alone will determine whether the variance is significant enough to consider the proposal susceptible to being made acceptable and therefore a candidate for further consideration, or not susceptible to being made acceptable and therefore not considered for award. Each Respondent, by submitting a proposal, represents that the Respondent has read and completely understands the request for proposal documents and agrees to abide by the terms of this RFP and any resulting agreement. Failure of the selected contractor to fulfill the provisions of this request for proposal shall in no way relieve the obligation of the Contractor to furnish all services necessary to carry out the provisions of the agreement. A legally authorized representative of the Respondent shall sign proposals. Unsigned proposals (Exhibit A) will be rejected as a material failure.

3.5 ACCEPTANCE AND FORMATION OF AGREEMENT

No recommendation for award will be made until Stephen F. Austin State University is fully

satisfied that the Respondent is professionally competent and properly equipped to render the

specified service.

The University reserves the right to negotiate further with any respondent that submits a proposal,

once proposals have been opened. SFA may award a contract(s) based on initial proposals

received without any discussion of such proposals. Therefore, each proposal should be

submitted on the most favorable and complete price and terms possible.

SFA reserves the right to enter into an agreement not based only on the cost to the University,

but which, in the sole opinion of SFA, is deemed to represent the best value to SFA. The


University shall be the sole judge of determining which proposal represents the best value to the

University.

By submitting a response, the Respondent agrees to accept a contract including the Engineer’s

Drawings, Uniform General Conditions, Supplementary General Conditions and other

specifications herein and attached to this Request For Proposal.

The base contract document will be “AIA 101 1997 Standard Form of Agreement between Owner

and Contractor where the basis of payment is a stipulated sum”. The contract will be modified by

SFA as needed to comply with the Uniform and Supplementary General Conditions and state law. 3.6 EVALUATION CRITERIA Award will be based on a comprehensive review and analysis based on weighted value of

averaged evaluation scores and negotiation of the proposal that best meets the needs of the University. Submission of a proposal represents concurrence with this method of evaluation and award. Furthermore, Respondents will not, under any circumstances, dispute any award made using this method.

An evaluation committee representing Stephen F. Austin State University will perform evaluation

of the proposals. Proposals will be evaluated using the following criteria, which are listed below in no particular order. Stephen F. Austin State University reserves the right to award an agreement not based only on lowest cost to the University, but on the criteria that best meet the university's requirements and goals. The university shall be the sole judge of determining which proposal represents the best value to the University.

Evaluation Criteria

A. 50% - Cost

B. 30% - Experience of Company C. 10% - Past Performance

D. 10% - Commitment and Ability

3.7 PROPOSAL FORMAT 3.7.1 Proposals shall be prepared simply and economically, providing a straightforward concise

description, of the ability to meet the requirements of the RFP. Emphasis should be placed on the RFP requirements, completeness, clarity of content, responsiveness to the requirements and an understanding of SFA’s needs. Respondents shall organize their proposal in a point-by-point format according to section 3.7.2. Failure to follow point-by-point presentation could be grounds for disqualification.

Respondents shall carefully read the information contained in this RFP and submit a complete response to all requirements as directed. The awarded vendor agrees to abide by the terms of this RFP and any resulting agreement. Failure of the selected contractor to fulfill the provisions of this request for proposal shall in no way relieve the obligation of the Contractor to furnish all services necessary to carry out the provisions of the agreement. Incomplete Proposals will be considered non-responsive and subject to rejection.

Separate and identify each submittal requirement response to Section 3.7.2 of this RFP by use of a divider sheet with an integral tab for ready reference.

Proposals shall be printed on letter-size (8-1/2” x 11”) paper and unbound. DO NOT USE METAL-RING HARD COVER BINDERS.


Submittals shall include a “Table of Contents” and give page numbers for each part of the Proposal.

Number all pages of the Proposal submittal sequentially using Arabic numerals (1,2,3,etc); the Proposal is not required to number the pages of the Hub Subcontracting Plan and Bid Bond.

3.7.2 Proposal should include the following information and is to be submitted in the following order:

a) Required Submittal – failure to provide any of the following documents will result in

disqualification of the proposal from further consideration

i. Exhibit A – Signed Execution of Offer

ii. Exhibit B – Acknowledgement of Addenda, if any

iii. Exhibit C – Pricing Proposal

iv. Exhibit D – HUB Subcontracting Plan

v. Bid Bond

b) Other Qualification Submittals i. Experience

a. State how many years prime company has been in business as a contractor and whether company has operated under other or former names; b. Describing the contractor’s methodology and approach to general construction projects, particularly regarding organizing and managing projects; and c. List three (3) greenhouse projects (commercial, institutional, or educational) similar in size, scope and time to that described herein; provide contact name, phone number and brief description of the project; and d. Provide a list of anticipated subcontractors to include how long each have been in business and whether each have operated under other or former names.

ii. Past Performance a. List three (3) agricultural or industrial projects (commercial, institutional, or

educational) similar in size, scope and time to that described herein; provide contact name, phone number and brief description of the project; and

b. Identify the personnel that will be assigned to the project and their experience in general construction, including specific examples of projects similar in size, scope and time to that described herein. c. Describe project experience between the prime company and anticipated sub-

contractors on past or current projects. iii. Commitment and Ability

a. Provide a statement indicating the company’s commitment to the accurate and timely completion of the project including personnel and resources available to support the project and ensure a successful completion if circumstances require extra effort; and

b. Provide a summary of the company’s safety record for the past 3 years.

Stephen F. Austin State University reserves the right to check references prior to award. Any Negative responses received may be grounds for disqualification of the bid. SFA reserves the Right to enter into an agreement not based only on lowest cost to the University, but which, in the Sole opinion of SFA, is deemed to represent the best value to SFA.


EXHIBIT A EXECUTION OF OFFER

In compliance with this RFP, and subject to all the conditions herein, the undersigned offers and agrees to furnish any or all commodities or services and to comply with all terms, conditions and requirements set forth in the RFP documents and contained herein. By signature hereon, Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted Qualifications. Failure to sign the response, or signing it with a false statement, shall void the submitted response or any resulting contracts, and the Respondent may be removed from all bid lists. By the signature hereon affixed, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership, or institution represented by the Respondent or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this State or the Federal antitrust laws nor communicated directly or indirectly the response made to any competitor or any other person engaged in such line of business. By signature hereon, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Bidder as defined in Rule 34 TAC 20.38. Certifications: Texas Family Code Child Support Certification. By signature hereon, Respondent certifies as follows: "Under Section 231.006, Texas Family Code, the Contractor certifies it is not ineligible to receive the payments specified in the Agreement and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate." Sales Tax Certification. By signing the Agreement, the Respondent certifies as follows: "Under Section 2155.004, Texas Government Code, the Contractor certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate." Franchise Tax Certification. By signing the Agreement, a corporate or limited liability company, Respondent certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171 of the Texas Tax Code, or that the corporation or limited liability company is exempt from the payment of such taxes, or that the corporation or limited liability company is an out-of-state corporation or limited liability company that is not subject to the Texas Franchise Tax, whichever is applicable. Contractor acknowledges and agrees that if this certification is false or inaccurate, at University's option, the Agreement may be terminated and payment withheld. Payment of Debts to the State of Texas. That pursuant to Section 403.0551, Texas Government Code, the Respondent agrees that any payments owing to the Contractor under this contract may be applied towards any debt or delinquent taxes that the Contractor owes the State of Texas or any agency of the State of Texas, until such debt or delinquent taxes are paid in full.

The person signing the Response should show title or authority to bind his/her firm in contract.

Federal Employer’s Identification Number:

Sole Owner should also enter Social Security No.:

Respondent/Company:

Signature (INK):

Name (Typed/Printed):

Title:

Street:

City/State/Zip:

Telephone No/Fax No:

Email.:

THIS SHEET MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT'S PROPOSAL. FAILURE TO SIGN AND RETURN THIS SHEET MAY RESULT IN THE REJECTION OF YOUR RESPONSE.


EXHIBIT B ACKNOWLEDGEMENT OF ADDENDA

Receipt is hereby acknowledged of the following addenda to this RFP. Addenda No. Dated Addenda No. Dated Addenda No. Dated Addenda No. Dated

Respondent/Company:

Refer to the SFA Procurement and Property Services Department website to

confirm all addenda issued: http://www.sfasu.edu/purchasing/122.asp

http://www.sfasu.edu/purchasing/122.asp


EXHIBIT C

PRICING PROPOSAL

Having carefully reviewed the specifications and related documents affecting the proposal to provide contractor services to construct a greenhouse for Stephen F. Austin State University, the undersigned submits the following Financial Proposal in accordance with the Request for Proposal documents: Respondent Name: _____________________________________________________

Authorized Signature: ___________________________________________________

A. Pricing for construction of greenhouse $___________________


EXHIBIT D HUB SUBCONTRACTING

PLAN (HSP)

Rev. 2/17

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 do not have a

continuous contract* in place for more than five (5) years meets or exceeds the HUB Goal the contracting agency identified in the

“Agency Special Instructions/Additional Requirements”, complete:



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 vendors.

Section 2 c. - No

Section 2 d. - Yes


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 do not have a continuous contract* in place for more than five (5) years does not meet or exceed the HUB Goal the contracting agency identified in the “Agency Special Instructions/Additional Requirements”, complete:



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 vendors.

Section 2 c. - No

Section 2 d. - No


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

(i.e., employees, supplies, materials and/or equipment), complete:


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


*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, to include 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. 2/17

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) §20.284 are:

• 11.2 percent for heavy construction other than building contracts,

• 21.1 percent for all building construction, including general contractors and operative builders’ contracts,

• 32.9 percent for all special trade construction contracts,

• 23.7 percent for professional services contracts,

• 26.0 percent for all other services contracts, and

• 21.1 percent for commodities contracts.

- - Agency Special Instructions/Additional Requirements - -

In accordance with 34 TAC §20.285(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 the aggregate percentage of the contracts expected

to be subcontracted to HUBs with which the respondent does not have a continuous contract* in place for more than five (5) years shall qualify for meeting the

HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Disparity Study.

The HUB Subcontracting GOAL for this procurement is 15.9% for Building Construction. Vendors are required to provide a minimum of 7 working days’ notice to notice of subcontracting opportunities. Failure to submit a HUB Subcontracting Plan will disqualify the entire response from consideration. The HUB Subcontracting Plan (HSB) will be evaluated independently of the response. If the HSP does not reflect a good faith effort to subcontract with HUBs, the entire response will be disqualified.

SECTION 1: RESPONDENT AND REQUISITION INFORMATION

a. Respondent (Company) Name:

Point of Contact:

E-mail Address:

State of Texas VID #:

Phone #:

Fax #:

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

c. Requisition #:

- Yes - No

1

Bid Open Date:

(mm/dd/yyyy)

Rev. 2/17

Enter your company’s name here: Requisition #:

SECTION 2: RESPONDENT's SUBCONTRACTING INTENTIONS

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

contracted staffing, goods and services will be subcontracted. Note: In accordance with 34 TAC §20.282, a “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, including employees, goods and services. (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 do not have a continuous contract* in place

for more than five (5) years.

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.

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 https://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php).

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 do not have a continuous contract* in place with for more than five (5) years, 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.)


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.

2

http://www.comptroller.texas.gov/purchasing/vendor/hub/forms.php)

Rev. 2/17


SECTION 2: RESPONDENT's SUBCONTRACTING INTENTIONS (CONTINUATION SHEET)

This page can be used as a continuation sheet to the HSP Form’s page 2, Section 2, Item b. Continue listing the portions of work (subcontracting

opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs,

and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).

Item #

Subcontracting Opportunity Description

HUBs Non-HUBs

Percentage of the contract expected to be subcontracted to

HUBs with which you do not have

a continuous contract* in place for more than five (5) years.


expected to be subcontracted to HUBs with which you have a

continuous contract* in place for more than five (5) years.


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: % % %


where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the

HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts

that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or

extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.

HSP – SECTION 2 (Continuation Sheet)

Rev. 2/17


SECTION 3: SELF PERFORMING JUSTIFICATION (If you responded “No” to SECTION 2, Item a, you must complete this SECTION and continue to SECTION 4.) If you

responded “No” to SECTION 2, Item a, in the space provided below explain how your company will perform the entire contract with its own employees, supplies,

materials and/or equipment.

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 https://www.comptroller.texas.gov/purchasing/docs/hub-forms/ProgressAssessmentReportForm.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.

SignatureII

Reminder:

Printed Name Title Date (mm/dd/yyyy)

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. 2/17


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 https://www.comptroller.texas.gov/purchasing/docs/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 Texas Vendor Identification (VID) Number or federal Employer Identification Number (EIN), the approximate dollar value of the work to be

subcontracted, and the expected percentage of work to be subcontracted. When searching for Texas certified HUBs and verifying their HUB status, ensure that you

use the State of Texas’ Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at

http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. HUB status code “A” signifies that the company is a Texas certified HUB.

Company Name

Texas certified HUB

Texas VID or federal EIN

Do not enter Social Security Numbers.

If you do not know their VID / EIN,

leave their VID / EIN field blank.

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://www.comptroller.texas.gov/purchasing/docs/hub-forms/hub-sbcont-plan-gfe-achm-a.pdf

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

HSP Good Faith Effort - Method B (Attachment B)

Rev. 2/17


IMPORTANT: If you responded “No” to SECTION 2, Items c and 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 https://www.comptroller.texas.gov/purchasing/docs/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.


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, 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 https://www.comptroller.texas.gov/purchasing/docs/hub-forms/HUBSubcontractingOpportunityNotificationForm.pdf.

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 you submitting your bid response to the contracting agency. When searching for Texas certified HUBs and verifying their HUB status, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at http://mycpa.cpa.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 Texas Vendor

Identification (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 Texas VID

(Do not enter Social Security Numbers.) 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 https://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php.

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

(mm/dd/yyyy) Was the Notice Accepted?

- Yes - No

- Yes - No

Page 1 of 2

(Attachment B)

http://www.comptroller.texas.gov/purchasing/docs/hub-forms/hub-sbcont-plan-gfe-achm-b.pdf

http://www.comptroller.texas.gov/purchasing/docs/hub-forms/HUBSubcontractingOpportunityNotificationForm.pdf


http://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php

HSP Good Faith Effort - Method B (Attachment B) Cont.


Rev. 2/17

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.


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 Texas Vendor Identification (VID) Number or federal Emplioyer Identification Number (EIN), the approximate dollar value of the work to be

subcontracted, and the expected percentage of work to be subcontracted. When searching for Texas certified HUBs and verifying their HUB status, ensure that

you use the State of Texas’ Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at

http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. HUB status code “A” signifies that the company is a Texas certified HUB.

Company Name

Texas certified HUB

Texas VID or federal EIN

Do not enter Social Security Numbers.

If you do not know their VID / EIN,

leave their VID / EIN field blank.

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)


Rev. 2/17

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, §20.285 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 §20.282(19)(C).

We respectfully request that vendors interested in bidding on the subcontracting opportunity scope of work identified in Section C, Item 2, reply no later than the date and time identified in Section C, Item 1. Submit your response to the point-of-contact referenced in Section A.

SECTION A: PRIME CONTRACTOR’S INFORMATION

Company Name:

Point-of-Contact:

E-mail Address:

State of Texas VID #:

Phone #:

Fax #:

SECTION B: CONTRACTING STATE AGENCY AND REQUISITION INFORMATION

Agency Name:

Point-of-Contact: Phone #:

Requisition #: Bid Open Date:

(mm/dd/yyyy)

SECTION C: SUBCONTRACTING OPPORTUNITY RESPONSE DUE DATE, DESCRIPTION, REQUIREMENTS AND RELATED INFORMATION

1. Potential Subcontractor’s Bid Response Due Date:

If you would like for our company to consider your company’s bid for the subcontracting opportunity identified below in Item 2,

we must receive your bid response no later than

on .

Central Time Date (mm/dd/yyyy)

In accordance with 34 TAC §20.285, 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, §20.282(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

of 4 Revised 11/2016

EASY HUB LOOKUP on the CMBL

In accordance with Texas Administrative Code 20.14, the following HUB lookup procedures

have been developed utilizing the Comptroller of Public Accounts website to identify possible

HUB Vendors for subcontracting opportunities.

To that end the following easy step by step instructions to identify NIGP codes and search for

potential HUB subcontractors is provided by Stephen F. Austin State University. In addition, the

University may have already completed searches that may be beneficial and include a list of

potential HUB subcontractors that may be used by the Respondent. If you have a hard time

reading the webpages cited, increase the page view to 200% or better.

For assistance with this instruction or further assistance in identifying potential HUB

subcontractors, please contact Manny Guerrero, Vendor Relations Manager at 936-468-4529.

STEP 1: After identifying what areas that are going to be subcontracted for the project go to

the following web address at Comptroller of Public Accounts:

https://cmblreg.cpa.state.tx.us/commodity_book/Alpha_index_inquiry.cfm

https://cmblreg.cpa.state.tx.us/commodity_book/Alpha_index_inquiry.cfm


At this point type in the item you are looking for in Search keywords: (for this example we are

looking for drywall services). Press Submit Search and the results will appear. See example

below:

The page will list Keyword Match for drywall. In this example the Class-Item for Drywall

Services, Ceiling and Wall is 910-75. Remember to write down the Class and Item numbers. You

will do the same for other items that you will be subcontracting on the project. Once you have

completed collecting all Class and Item numbers for sub-contracting opportunities you can

precede to Step 2

STEP 2: With the Class and Item numbers you can search for HUB Vendors on the

Centralized Master Bidders List – HUB Directory Search. Go to the following web address at

Texas Comptroller of Public Accounts:

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

Under SEARCH FOR mark HUBs Only (you are looking for HUB vendors)

The EXAMPLE below is how the form should be filled out. Search for HUBs on CMBL;

Selection 1: Class-Item; Select Fields For Output (Vendor ID, Company Name, Contact Person,

City, Email, Phone, Business Description, HUB Eligibility, HUB Gender)

In the example below we are searching for NIGP Class Code 910, Items 75 (Drywall Services).



Once all the information needed has been marked. Click : SEARCH.

Once the search is completed, a page like the one below will appear listing all the HUB

companies that are Class 910 and Item 75.

The search found 222 vendors where are HUB’s.

At this point you should look at the Business Description to confirm that the company does

indeed provide drywall services. Note that the first company listed 1DZ ENTERPRISE, L.L.C.

does not list drywall services, instead the company business description list Janitorial Service – if

at all possible you should not use this company in your Good Faith Efforts as there are other

companies that list dry wall in their business description.

3 B’S CONTSTRUCTION does list drywall and is a good candidate for sending a request to bid

the project.

YOU ARE REQUIRED TO SELECT THREE (3) HUB VENDORS TO CONTACT.


When looking for HUB Vendors to support you at SFA look for these vendors that are close to

Nacogdoches and East Texas. If none can be found in our area, expand your search to the

Dallas/Fort Worth area, Austin and Houston market areas.

NOTES:

1) SELECTING HUBS THAT ARE FROM EL PASO, AND FAR WEST TEXAS DOES NOT

SHOW GOOD FAITH IN YOUR SELECTION PROCESS.

2) IF YOU DO NOT UNDERSTAND THESE DIRECTIONS OR NEED ASSITANCE

PLEASE CONTACT THE SFA PROCUREMENT OFFICE FOR HELP.

POTENTIAL HUB SUBCONTRACTORS PROVIDED WITH RFP: GREENHOUSE PROJECT-18 Issued by Stephen F. Austin State University Opening Date/Time: February 1, 2018 8:00 AM A complete list of State certified HUBs can be searched on-line at https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp The Respondent is responsible for compliance with the Good Faith Effort requirements outlined in the Invitation to Bid and HUB Subcontracting Plan documents.

NIGP Class Code – vendors in the following commodity class codes are identified on the following pages. The vendor is responsible to identify all commodity classes that may represent subcontracting opportunities.

909-00 - BUILDING CONSTRUCTION SERVICES, NEW INCLUDING MAINTENANCE AND REPAIR SERVICES

912-00 – CONSTRUCTION SERVICES, GENERAL, INCLUDING MAINTENANCE AND REPAIR SERVICES



EXHIBIT E PROJECT MANUAL

PROJECT MANUAL

FOR

STEPHEN F. AUSTIN STATE UNIVERSITY

GREENHOUSE ADDITION

AT NATIVE PLANT CENTER

October 2017

GOODWIN • LASITER • STRONG ENGINEERING • ARCHITECTURE • INTERIOR DESIGN • SURVEYING

EAST TEXAS OFFICE:

1609 S CHESTNUT •SUITE 202 •LUFKIN, TEXAS • 75901 (936) 637-4900 •FAX (936) 637-6330

CENTRAL TEXAS OFFICE:

4077 CROSS PARK DR •SUITE 100 •BRYAN, TEXAS • 77802 (979) 776-9700 •FAX (979) 776-3838

TBPE FIRM REGISTRATION NO. 413

TBPLS FIRM REGISTRATION NO. 10110900

G-L-S NO. 501126

GLS 10/16 Page 1 TABLE OF CONTENTS

STEPHEN F. AUSTIN STATE UNIVERSITY

GREENHOUSE ADDITION AT NATIVE PLANT CENTER

GLS No. 501126

TABLE OF CONTENTS

SECTION TITLE PGS ALLOWANCE 1

00860 INDEX OF DRAWINGS 1

01085 APPLICABLE STANDARDS 2

01410 TESTING LABORATORY SERVICES 2

02210 SITE GRADING 4

02220 STRUCTURAL EXCAVATION AND BACKFILL 3

02221 TRENCHING 5

02622 PVC PIPE AND FITTINGS 4

02733 PRIVATE SEWER SERVICES 2

02835 CHAIN LNK SECURITY FENCING 4

03311 CONCRETE STRUCTURES 7

13123 GREENHOUSE SYSTEMS 6

15010 MECHANICAL 11

15488 NATURAL GAS PLUMBING 1

16100 ELECTRICAL SERVICE AND DISTRIBUTION 5

16500 LIGHTING 2

GLS 9/17 Page-1 ALLOWANCE

ALLOWANCE

Please include in construction documents a $2,500.00 Electrical Service Allowance.

GLS 7/16 00860-1 INDEX OF DRAWINGS

SECTION 00860

INDEX OF DRAWINGS

SHEET DESCRIPTION TS TITLE SHEET G1 GENERAL NOTES & LEGENDS C1.11 SITE/UTILITY GRADING PLAN C1.21 DETAILS S2.11 FOUNDATION PLAN & DETAILS MEP1 MECHANICAL/ELECTRICAL/PLUMBING PLANS

GLS 02/07 01085-1 APPLICABLE STANDARDS

SECTION 01085

APPLICABLE STANDARDS

PART 1—GENERAL

1.1 DESCRIPTION

A. Work Included: Throughout the Contract Documents, reference is made to codes and standards which establish qualities and types of workmanship and materials, and which establish methods for testing and reporting on the pertinent characteristics.

B. Materials and workmanship are required by the Contract Documents to meet or exceed the

specifically named codes and standards. C. Deliver to the Engineer required proof that the materials or workmanship, or both, meet or

exceed the requirements of the specifically named code or standard. D. Contractors are to be aware of the following federal and state laws regarding underground

excavations:

FEDERAL LAW 1. 49 United States Code, Section 60123 Paragraph (d)(1)(B)

Criminal Penalties: Penalty for not using one-call notification system or not heeding location information markings.

“A person shall be fined under Title 18, imprisoned for not more than 5 years, or both, if the person knowingly and willfully engages in an excavation activity without paying attention to appropriate location information or markings the operator of the pipeline facility establishes.”

2. 29 CFR PART 1926 Paragraph 1926.651 Subparagraph (b)(3)

OSHA Regulation: “When excavation operations approach the estimated location of underground installations, the exact location of the installations shall be determined by safe and acceptable means.”

TEXAS LAW 3. Texas Underground Facility Damage Prevention and Safety Act (H.B. 2295)

On Oct. 1, 1998: 1. All Excavators must begin calling Notification Centers 48 hours prior to digging.

2. All Excavators must begin immediately notifying underground facility operator when damage occurs to a facility.

3. Civil Penalties become enforceable. See Texas Revised Civil Statues, ART. 9033, for complete details of this law.

1.2 QUALITY ASSURANCE

A. Verify the detailed requirements of the specifically named codes and standards. Verify that the items procured for use in this work meet or exceed the specified requirements.

GLS 02/07 01085-2 APPLICABLE STANDARDS

B. The Engineer may reject items incorporated into the work which fail to meet the specified minimum requirements. Non-complying items accepted by the Engineer may be subject to an adjustment in the Contract Amount as approved by the Engineer and the Owner.

C. Applicable standards listed in these Specifications include, but are not necessarily

limited to, standards promulgated by the following agencies and organizations:

AASHTO = American Association of State Highway and Transportation Officials, 341 National Press Building, Washington, D.C. 20004.

ACI = American Concrete Institute, Box 19150, Redford Station, Detroit, Michigan 48219.

AISC = American Institute of Steel Construction, Inc., 1221 Avenue of the Americas, New York, New York 10020.

ANSI = American National Standards Institute (successor to USASI and ASA) 1430 Broadway, New York, New York 10018.

ASME = American Society of Mechanical Engineers, 345 East 47th Street, New York, New York 10017

ASTM = American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103.

AWS = American Welding Society, Inc., 2501 N. W. 7th Street, Miami, Florida 33125.

AWWA = American Water Works Association, Inc., 6666 West Quincy Avenue, Denver, Colorado 80235.

CRSI = Concrete Reinforcing Steel Institute, 228 North LaSalle Street, Chicago, Illinois 60610.

CS = Commercial Standard of NBS, U.S. Department of Commerce, Government Printing Office, Washington, D.C. 20402.

NAAMM = National Association of Architectural Metal Manufacturers.

NEC = National Electrical Code (see NFPA).

NEMA = National Electrical Manufacturers Association, 155 East 44th Street, New York, New York 10017.

NFPA = National Fire Protection Association, 470 Atlantic Avenue, Boston, Massachusetts 02210.

TXDOT = Texas Department of Transportation - Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges (Latest Revision)

OSHA = Occupational Safety and Health Administration, Room S-4004, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, D.C. 20210.

SBC = Southern Building Code, Congress International, Inc., 900 Montclair Road, Birmingham, Alabama 35213-1206.

SDI = Steel Deck Institute, 135 Addison Avenue, Elmhurst, Illinois 60125.

SSPC = Steel Structures Painting Council, 4400 5th Avenue, Pittsburgh, Pennsylvania 15213

UL = Underwriters' Laboratories, Inc., 207 East Ohio Street, Chicago, Illinois 60611.

END OF SECTION

GLS 9/17 01410-1 TESTING LABORATORY SERVICES

SECTION 01410

TESTING LABORATORY SERVICES

PART 1—GENERAL

1.1 LABORATORY SELECTION

A. An independent testing laboratory shall be selected by the Contractor, with Engineer’s approval to inspect and test the materials and methods of construction as hereinafter specified for compliance with the Specification requirements of the Contract Documents and to perform such other specialized technical services a may be required by the Owner.

The testing services shall be drawn against the allowance set aside for those services. The testing services shall be used in a prudent manner. Testing laboratory technician should be on site no more than 30 minutes prior to testing. Should time exceed 30 minutes prior to required test the Contractor shall pay the testing laboratory for that time.

1.2 QUALIFICATION OF LABORATORY

A. The testing laboratory selected shall meet the basic requirements of ASTM E 329 "Standard of Recommended Practice for Inspection and Testing Agencies for Concrete and Steel as used in Construction", and shall submit to the Engineer a copy of the report of inspection of their facilities made by the Materials Reference Laboratory of the National Bureau of Standards during the most recent tour of such inspections, and also shall submit a memorandum stating steps taken to remedy all deficiencies reported by this inspection.

B. Testing machines shall be calibrated at intervals not exceeding 12 months by devices of accuracy traceable to the National Bureau of Standards.

C. EXCEPTION: The testing laboratory is only required to have testing facilities for Work

included in this Project.

1.3 AUTHORITIES AND DUTIES OF THE LABORATORY

A. The laboratory is not authorized to revoke, alter, relax, enlarge, or release any requirement of the Specifications, or to approve or accept any portion of the Work. When it appears that the material furnished or Work performed by the Contractor fails to fulfill Specification requirements, the laboratory shall promptly notify all parties of such deficiencies.

B. Copies of all laboratory tests and inspection reports shall be issued promptly and directly to

all parties as directed.

PART 2—PRODUCTS (NOT USED)

PART 3—EXECUTION

3.1 EXTENT OF SERVICES

A. All work mentioned herein may not be required for this Project. Refer to the Contract

Documents for applicability and extent.

GLS 9/17 01410-2 TESTING LABORATORY SERVICES

B. STRUCTURAL CONCRETE:

1. Aggregate Tests: Check the proposed aggregate in accordance with ASTM C 33. 2. Mix Design: Check the proposed mixes for proportions, water cement ratio and slump

in accordance with ACI 613 and 318. 3. Slump Tests: Take slump tests per ASTM C 143 at the beginning of each day's

pouring operations and whenever water adjustments or noticeable change of slump occurs.

4. Sampling:

a. During the progress of the work, testing lab shall make standard cylinders in accordance with ASTM C31. Make a set of four cylinders from each pour or from each 50 cubic yards, whichever quantity is less. Cylinders shall be identified to show the date made, the slump, and the exact location in the structure from which the sample was taken.

b. The test cylinders shall be cured by the testing laboratory in accordance with ASTM C192. Test cylinders for compression in accordance with ASTM C 39. Test one cylinder at 7 days, two at 28 days, and one spare. The laboratory shall furnish a report to the Contractor, the Owner and to the Engineer indicating the results obtained from each cylinder.

c. Should the Contractor desire to remove the forms at a time prior to the 7-day test, make two additional cylinder tests to verify that the concrete has attained the strength required for form removal. The cost of these additional cylinders shall be paid for by the Contractor.

C. SOILS TESTS:

1. Soils Analysis Method: Make one test for building area.

a. Liquid limit. b. Plastic limit. c. Plasticity index. d. Maximum laboratory density tests (ASTM D 698).

2. Soil Compaction:

a. Make one test per 2,500 sq. ft. of paving area. b. Tests perform for every other six inches compacted lift.

D. LOW DENSITY CONCRETE FILL:

1. Type of Tests:

a. Field: Wet density. b. Lab: Dry density and 28 day compressive strength.

2. Number of Test Sets:

a. One per 5,000 square feet. b. Not less than one for each day's work.

END OF SECTION

GLS 08/16 02210-1 SITE GRADING

SECTION 02210

SITE GRADING

PART 1 – GENERAL 1.1 DESCRIPTION

Earthwork consists of operations for the excavation of materials on site; excavation of borrow material from designated areas; compaction of natural subgrades; placement and compaction of embankments to grade; finish grading; disposal of excess of unsuitable materials; and other required operations. Earthwork must conform with dimensions and typical sections shown, and within lines and grades established on the drawings.

1.2 RELATED WORK Structural Excavation and Backfill 1.3 EXISTING UTILITIES

The plans show the approximate location of all known underground utility lines and structures. Where pipes, ducts and other structures are encountered in the excavation but are not shown on the plans, immediately notify the engineer.

1.4 CLASSIFICATIONS

The following are brief definitions of classification of earthwork.

A. Topsoil—Top 6 inches of natural surface soil possessing the characteristics of representative soils on the site that produce growths of grass or other vegetation. Topsoil does not include grasses and other vegetation.

B. Borrow—Material taken from designated areas to make up any deficit of excavated material. C. Finish Grading—Operations required for smoothing disturbed areas. D. Stripping—Removal of topsoil in areas under roads, foundations, or fill areas. E. Excavation—After all necessary stripping has been done, excavation of every description

and of whatever substances encountered shall be performed to the lines and grades indicated on the drawings.

F. Compaction—Compaction of soil materials shall be measured as a percent of ASTM

Standard D698 procedure.


PART 2—PRODUCTS

2.1 EQUIPMENT

Use only equipment that has been approved for this project.

A. Grading Equipment - Furnish, operate and maintain such equipment as is necessary to produce uniform layers, section and smoothness of grade for compaction and drainage.

B. Rubber Tire Rollers - Use rubber tire rollers having two axles and not less than a total of

nine wheels with pneumatic tires with sufficient weight to accomplish the required compaction.

2.2 EARTH FILL

A. Source - Obtain embankment fill from required excavation or, if excavated material is not sufficient, from borrow areas designated by the Engineer.

B. Suitability - Use the best material available from excavation or borrow. Suitability of fill

material is subject to the Engineer's approval. C. Quality - Fill material must be free from excessive silts. Do not use soil containing brush,

roots, sod or similar perishable material. D. Plasticity Index - Embankment material must have a plasticity index less than 20.

PART 3—EXECUTION

3.1 REMOVAL OF TOPSOIL

Remove topsoil within limits of foundations and roads and stockpile the topsoil as determined by the Engineer for future distribution. Protect stockpiled topsoil from other excavated materials.

3.2 EXCAVATION

A. Objective—As shown on the drawings, excavate to lines, grades and elevations required for subsequent construction. Remove materials within the indicated limits and dispose as directed.

B. Drainage—During excavation maintain grades for complete drainage. When directed, install

temporary drains or drainage ditches to intercept or divert surface water and prevent interference or delay of the work.

C. Stockpiling—If at time of excavation it is not possible to place material in the proper section

of permanent construction, stockpile the material in approved areas as specified by the Engineer for later use.

D. Stone or Rock—Stones or rock fragments larger than 2 inches in their greatest dimension

will not be permitted in top 6 inches of subgrade. E. Dressing—Uniformly dress, cut and fill to slope, cross section and alignment, as shown.


3.3 PLACING FILL

A. Inspection of Subgrade—Do not place fill on any part of the subgrade until the subgrade preparation has been inspected by the Engineer.

B. Removing Debris—During the dumping and spreading process, remove all roots, stones

and debris that is uncovered in the material. C. Spreading Fill—After dumping, spread the material in horizontal layers over the entire fill

area. The thickness of each layer before compaction must not exceed 8 inches unless otherwise directed. As soon as possible after placement begins, crown the surface to drain freely and maintain such conditions throughout construction.

D. Attaining Proper Bond—If the compacted surface of a layer is too smooth to bond with

succeeding layers, loosen the surface by harrowing or other approved method before continuing the work.

3.4 MOISTURE CONTROL

A. Intent—Developing the maximum density obtainable with the natural moisture of the material is preferred. However, the moisture content must not vary from the optimum, by more than 3 percent or less than 1 percent.

B. Adjustment—If the moisture content is too high, adjust to within the specified limits by

spreading the material and permitting it to dry. Assist the drying process by discing or harrowing if necessary. When the material is too dry, sprinkle each layer with water. Work the moisture into the soil by harrowing or other approved method.

3.5 COMPACTION

Compact each layer with suitable rollers as necessary to secure a minimum of 95 percent density within the specified range of the moisture content according to ASTM D 698.

A. Preparation:

1. Shape all areas designated for grading, including cut and fill areas, to receive a minimum of 4 inches of topsoil.

2. In areas that require only blading and dressing, the adequacy of existing topsoil will be determined by the Engineer.

B. Placement:

1. Do not haul or place wet topsoil. Also prohibited is placement of topsoil on a subgrade that is excessively wet, extremely dry, or in a condition otherwise detrimental to proper grading or proposed planting.

2. Distribute topsoil uniformly and spread evenly to a thickness of 4 to 6 inches. Do not compact topsoil. Correct irregularities in the surface to prevent formation of depressions where water could stand.

3. Perform the spreading operation so that planting can proceed with little additional tillage or soil preparation. Leave the area smooth, suitable for lawn planting.

C. Maintenance - Where any portion of the surface becomes eroded or otherwise damaged,

repair the affected area to establish the condition and grade prior to topsoil placement; then replace topsoil.


3.7 MATERIAL DISPOSAL

A. Excess Material - Remove excess excavated material and excess topsoil from the area before substantial completion. Stockpile materials separately in areas as designated by the Engineer.

B. Waste Material - Dispose of waste material without causing expense or damage to the

Owner. The Owner's waste disposal site may be used for prescribed waste material. 3.8 TESTING

Owner will appoint a commercial testing laboratory and payment shall be by Owner as outlined in the section on Testing Laboratory Services. Laboratory will:

1. Prepare optimum moisture/density relationship for subgrade. 2. Make density tests to determine degree of compaction for subgrade. 3. Make comments and recommendations on the test results.

PART 4 – MEASUREMENT AND PAYMENT No separate measurement and payment will be made for work covered herein and costs in connection therewith shall be included in related items of work.

END OF SECTION

GLS 8/16 02200-1 STRUCTURAL EXCAVATION AND BACKFILL

SECTION 02220

STRUCTURAL EXCAVATION AND BACKFILL


A. This item governs excavation for placing structures; disposal of such excavated material; and backfilling around completed structures to the level of original ground or finished grade.

B. Work to include all necessary pumping or bailing, sheeting, drainage, construction, and

removal of any required cofferdams.

C. Unless otherwise provided, work to provide for removal of old structures or portions thereof, trees, and all other obstructions necessary to the proposed construction.


A. Contractor to be responsible for incorporating recommendations contained in the soil report.

B. Unless specified otherwise excavation is not permitted outside a horizontal distance from

footing line equal to depth of footing.

PART 2 – PRODUCTS 2.1 BACKFILL

A. Excavated Material: Natural excavated materials free of peat, muck, silt, organic materials, debris or other extraneous material.

B. Select Fill: When required as a result of unacceptable natural material or by plans,

provide select fill with a Plasticity Index (PI) of between 4 and 15, a Liquid Limit (LL) of less than 35, and a maximum of 45 percent passing the No. 200 sieve U.N.O. in Geotechnical Report.

2.2 TOPSOIL

Strip topsoil to full depth and stockpile where directed by Owner. After grading work is completed, distribute topsoil uniformly to a minimum 4" depth.

2.3 GRADING

A. Fill as required with approved material and compact and slope grade away from building and slabs for positive drainage. Hold finish grades 1.5" below walks and drives and 6" below building finished floor unless indicated otherwise. Slope away from building and slabs one foot in twelve.

2.4 SEAL SLABS

Concrete to meet provisions of Concrete Specifications in these documents.


PART 3 – EXECUTION 3.1 CONSTRUCTION METHODS

A. General

1. Make excavation to lines and depths indicated or established by Engineer. Excavate below bottom of structural slab elevation shown for seal slab when required.

2. Furnish supports for piping and structures within excavated area at no cost to Owner.

3. Where necessary to increase or decrease footing depths, make changes in details of structure as directed.

4. Where structure is to rest on excavated surface other than rock, bottom of excavation not to be disturbed, and removal of foundation material to final grade to be accomplished just prior to placement of seal slab when required.

5. Protect excavations from rainfall and surface water. If supporting soils are affected by exposure to excessive water or drying, excavate deeper and/or wider to sound material at no cost to Owner. Prior to such additional work, notify Engineer immediately and obtain approval before continuing.

6. Remove all loose rock or other hard material from excavation, and cut to form surface either level, stepped, or serrated. Clean out seams and fill with concrete or approved structural fill prior to time of footing placement.

7. Store excavated materials to be used for future backfill in piles at locations convenient for rehandling, and locate so as not to interfere with other work. Locate edge of storage pile a horizontal distance from edge of excavation a minimum of 1.0 times the depth of excavation.

8. Provide site drainage and/or groundwater control procedures to protect excavations. Use site grading, cofferdams, ditches, and/or other means to prevent surface water from flowing into excavations or ponding on areas where foundations or pavement will be located. Maintain groundwater and surface water control continuously until structure is complete and ground surface has been brought to final grade.

B. Cofferdams

1. Cofferdam is a temporary or removable structure to contain surrounding earth, water, or both out of excavation, and may be earth, timber, steel, concrete, or combination thereof. Cofferdam to be complete with bracing and necessary pumps, well points, or other procedures to control groundwater and surface water.

2. Provide cofferdams for excavations where necessary to control water conditions or to prevent sliding and caving of walls of excavation.

3. When required, submit drawings showing proposed method of ground and surface water control, and cofferdam construction.

4. Extend sheet pile cofferdams below bottom of footings sufficiently to prevent "blow outs". Provide adequate bracing and make as watertight as practicable.

5. Adjust cofferdams which tilt or move laterally, at no cost to Owner. Such movement may indicate subsoil failure and is to be brought to the attention of the Engineer immediately.

6. Unless otherwise provided, remove cofferdams after completion of construction so as not to disturb or mar structure. As directed, cofferdam may be partially removed, or be left entirely in place.


C. Pumping or Bailing

1. Pump or bail from interior of cofferdam and avoid movement of water through or along concrete being placed.

2. Do not pump or bail during concrete placement, or for minimum of 24 hours thereafter, unless from suitable sump separated from concrete by watertight wall.

3. Do not pump or bail to dewater cofferdam for minimum of 36 hours after seal slab has set.

D. Fill Placement Under Structures

1. Backfill excavated areas immediately after undesirable materials or stripping is removed.

2. Approved fill for placement under structures is select fill or other materials as approved by Structural Engineer.

3. Compact material mechanically in loose lifts not exceeding 8 inches. 4. Compact to 95 percent of maximum density as determined by Standard Proctor,

ASTM D698 at a moisture content within three percent (3%) of optimum moisture or as recommended by Geotechnical Consultant.

5. Building pads for structures are to include area under building including porches, porte-cocheres, and other parts of foundation as shown on structural details, and extending five feet (5’) minimum from face of foundation. Depth requirements shall be defined by geotechnical report or structural details and notes whichever is greater.

E. Structural Backfilling

1. Backfill excavated areas not occupied by permanent structure as soon as such backfill will not interfere with progress of work.

2. Unless otherwise specified, compact backfill mechanically in loose lifts not exceeding 8 inches.

3. Compact to 95 percent of maximum density as determined by Standard Proctor, ASTM D698 at a moisture content within two percent (2%) of optimum moisture.

4. Do not place backfill against walls for minimum of 7 days after structure has been in place.

5. Place backfill against walls of partially completed structure only after approval of Engineer.

6. Prevent wedge action of backfill against structure, and step or serrate slopes bounding excavation. Do not use heavy or intense compaction against structure, and backfill within 55 feet of structure to be subject to light but full compaction.

END OF SECTION

GLS 7/06 02221-1 TRENCHING

SECTION 02221

TRENCHING

PART 1—GENERAL

1.1 DESCRIPTION

This section governs for excavation, trenching and backfilling for utility systems.

1.2 RELATED WORK PVC PIPE CASED ROAD AND RAILROAD CROSSINGS SANITARY SEWERS POLYETHYLENE PIPE CONCRETE

1.3 PROTECTION

A. Existing Facilities - Adequately protect existing facilities and permanent objects, including existing utilities, trees and shrubs prior to beginning any earthwork operations. The Contractor is to bear replacement or repair costs resulting from damage to permanent facilities due to negligence or inadequate protection.

B. Restoration of Surfaces - Replace or repair to original condition sidewalks, driveway,

culverts, inlets, curbing, gutters, shrubbery, trees, fences, sod, and other facilities disturbed.


A. Minimum Standards - Meet requirements of Texas Commission on Environmental Quality and these Plans.

B. Reference Standards

ASTM D 698 Test Methods for Moisture Density Relations of Soils and Soil-Aggregate Mixtures Using 5.516 (2.49 kg) Rammer and 12-inch (305 mm) Drop

ASTM D 1556 Test Method for Density of Soil in Place by the Sand-Cone Method

ASTM D 2321 Underground Installation of Flexible Thermoplastic Sewer Pipe

ASTM D 2412 Test Method for External Loading Properties of Plastic Pipe by Parallel - Plate Loading

ASTM D 2487 Test Method for Classification of Soils for Engineering Purposes

ASTM D 2488 Recommended Practice for Description of Soils (Visual-Manual Procedure)

C. Terminology - The following terms are used to described the various elements of pipe

embedment:

1. Foundation - Area beneath pipe bedding within confines of trench. Refer to embedment details to determine if required.

2. Bedding - Area in contact with bottom of pipe to depth as specified in embedment details.


3. Haunching - Area from bottom of pipe (top of bedding) to at least the spring line of pipe. Refer to embedment details for required haunching depth.

4. Initial Backfill - Area from top of haunching to at least twelve (12) inches above top of pipe.

PART 2—PRODUCTS

2.1 EMBEDMENT MATERIALS

A. General - Embedment materials listed herein include a number of processed materials plus the soil classifications listed under the Unified Soil Classification System (USCS) (Test Method D 2487 and Recommended Practice D 2488). Materials are grouped into five broad categories according to their suitability for this application.

B. Class I - Angular, 6 to 40-mm (1/4 to 1-1/2 inch), graded stone, including a number of fill

materials that have regional significance such as coral, slag, cinders, crushed stone, crushed shells, and crushed gravel shall consist of particles with not less than 60 weight % of the portion retained on a No. 4 (4.75-mm) sieve and have at least two fractured faces.

C. Class II - Coarse sands and gravels with maximum particle size of 40 mm (1-1/2 inch),

including variously graded sands and gravels containing small percentages of fines, generally granular and non-cohesive, either wet or dry. Soil Types GW, GP, SW, and SP are included in this class.

D. Class III - Fine sand and clayey gravels, including fine sands, sand-clay mixtures, and

gravel-clay mixtures. Soil Types GM, GC, SM, and SC are included in this class. E. Concrete - Refer to Section entitled "CONCRETE". F. Excavated Material - Suitable materials from excavation may be used as trench backfill if the

materials conform to the required embedment Class. Objectionable material encountered including rocks larger than 1-1/2-inch, peat, silt, muck, organic materials or debris will be rejected.

PART 3—EXECUTION

3.1 RIGHT-OF-WAY

Entry upon private property for performance of work thereon is prohibited until notified by the Engineer that an easement or right-of-way has been obtained.

3.2 CLEARING

Clear timber and brush as is necessary for construction of utility system unless otherwise noted. The width of the area cleared shall not extend outside the construction easement as shown on the plans. Trees and timber within the area of the permanent easement may be removed unless shown otherwise on the plans. Dispose of trees and timber removed in a manner approved by the Engineer.

3.3 EXCAVATION

A. Depth - Excavate to the depth shown on the drawings.


B. Over-excavation - Excess excavation below the required level are to be backfilled sand, gravel or concrete, as directed by the Engineer.

C. Groundwater - Remove accumulated water in excavation by pumping or other approved

means. D. Disposal - Remove unstable soil and replace with an acceptable compacted backfill

material. Remove and dispose of excavated materials not required for fill or backfill. E. Equipment - Excavations to be by open cut with trenching machine or back hoe. Where

machines other than ladder or wheel type trenching machines are used, excavated material composed of large chunks, clods, or rocks larger than 6-inch shall not be used for backfilling.

F. Trench Safety - Provide trench safety system in accordance with Occupational Safety and

Health Administration (OSHA) Publication Standard - Excavations, 29 CFR Part 1926 (Latest Revision) where excavation exceeds five (5) feet depth. Federal and Texas State Law requires that Trench Safety be incorporated in the contractor's operations for trench depths exceeding 5 feet. A separate bid item titled Trench Safety is included in the Bid Schedule as required by this law. The contractor shall plan on following the applicable standards regarding Trench Safety to meet the State Law and to also provide safety for his workers and protect the excavation under all conditions. Contractor is to provide a trench safety plan prior to construction.

G. Trench Side Slopes

1. To 1 foot above top of pipe - Vertical 2. To 4 foot total depth - Vertical 3. Over 4 foot total depth - Slope sides of trench on a 1 to 1 slope (45o Angle) from 1 foot

above top of pipe, or as required to maintain a safe stable slope. Alternatively, trench shoring may be used at contractor's option. Shoring is required at locations where space limitations do not allow trench sides to be sloped.

4. Over 5 Foot Total Depth - Contractor shall use a trench safety system conforming to the Occupational Safety and Health Administration's publication Standard - Excavations 29 CFR Part 1926 (Latest Revision).

H. Trench Width

1. Complete and shape trench to provide free working space and to permit thorough tamping of bedding, haunching, and backfill around pipe.

2. 6-inch and smaller pipes - Provide 4-inch minimum clearance on each side of pipe. 3. Larger than 6-inch Pipes - Provide 6-inch minimum clearance on each side of pipe. 4. Wall Stability - Trenches considered to be stable by the Engineer to be constructed at

a width which will provide free working space and permit proper installation of pipe and embedment materials. Maximum clearance for this condition to be 12-inches on each side of pipe trenches considered unstable (i.e. running soil, excavation below ground water/may require use of sheeting, stay bracing, trench box, or any approved safety method by OSHA 2226. Where sheeting or similar methods are not used, trench width should be a minimum of five (5) pipe diameters.

I. Unstable Trench Bottom - When encountering an unstable condition (i.e. soil not conforming

to the required embedment Class, below ground water) the unsuitable soil is to be removed to sufficient depth and replaced with foundation and bedding of processed stone or gravel, suitably graded, and acting as an impervious mat into which the unstable soil will not penetrate. Depth of foundation and bedding depends upon severity of instability.


Foundation and bedding material to be installed in six (6) inch layers compacted to 90% Standard Proctor Density.

J. Over-excavated Width - Trenches excavated to widths greater than six (6) pipe diameters

from either side of pipe require that haunching and initial backfill be compacted to 2.5 pipe diameters from either side of pipe.

K. Excavated Material - Keep excavated material piles so that it will not endanger work or

obstruct roads and driveways.

L. Drainage - Keep drainage channels clear or provide other satisfactory means for drainage. Water lines may not be used as drainage pipes.

M. Rock Excavation - Rock excavation to be carried 6 inches below bottom of pipe. Well

graded gravel or bank sand are to be used for bedding. Rock excavation is to include removal of boulders, ledge rock, concrete or masonry structures that require drilling or blasting.

N. Traffic Control - Provide temporary bridges or crossings as required to maintain traffic. O. Cover - Refer to plans.

3.4 BEDDING

A. General - Pipe to be bedded true to line and grade with uniform and continuous support from a firm base. Blocking shall not be used to bring the pipe to grade. Remove rubbish, rock, or debris encountered at grade to depth of at least 6 inches below bottom of pipe and reshape and compact trench bottom. Compaction to be to a minimum of 85% Standard Proctor Density (Class II) and 90% Standard Proctor Density (Class III) attained by hand and/or mechanical tamping.

B. Class I Embedment - A minimum depth of four (4) inches is required with bedding depth

being dictated by soil conditions and the Engineers recommendations. Class I haunching is required if Class I bedding is utilized to avoid any loss of support resulting in migration of Class II or III haunching into the material. (This Class of bedding is to be utilized where unstable soil conditions exist and where groundwater is encountered requiring dewatering.

C. Class II Embedment - Depth of compacted bedding to be as specified in details. A minimum

depth of four (4) inches is required. Compact to a minimum of 85% Standard Proctor Density using hand and/or mechanical tamping. Avoid saturation of Class II material which could result in instability.

D. Class III Embedment - Depth of compacted bedding to be as specified in details. Compact

to a minimum of 90% Standard Proctor Density using and/or mechanical tamping. Avoid excessive moisture in Class III bedding.

E. Bell Holes - Bell holes to be of ample size to make the joint and relieve the bell of all load.

Dig bell holes after preparation of bedding. 3.5 HAUNCHING / INITIAL BACKFILL

A. Refer to plans for bedding details. B. Grade bedding to elevations shown on plans. Shape bedding to diameter of pipe.


C. Class I Embedment - Areas where pipe will be subjected to existing or future groundwater inundation require placement of Class I haunching material (i.e.: crushed angular stone) to the top of the pipe.

Dry areas require placement of haunching material to spring line of the pipe. (Insure that the Class I material is worked completely under the haunch of the pipe to provide side support.

D. Class II Embedment - Place haunching material to spring line of pipe and initial backfill in

two (2) stages: (1) to top of pipe, and (2) to point at least six (6) inches over top of pipe Compact each stage of haunching and initial backfill material to a minimum of 85% Standard Proctor Density with hand and/or mechanical tamping. If remaining backfill material contains large particles (greater than four (4) inches in diameter) increase second stage of initial backfill to point at least twelve (12) inches over top of pipe.

E. Class III Embedment - Place haunching material to spring line of pipe and compact both

haunching and initial backfill material to a minimum of 90% Standard Proctor Density with hand and/or mechanical tamping. Initial backfill material to be placed as outlined for Class II embedment.

F. All embedment classes require that special care be taken not to allow pipe movement when

material is placed and compacted, especially under the lower haunch area. 3.6 BACKFILLING

A. General - After pipe joints have been inspected and approved, backfill trench to lines and grades indicated on drawings. Suspend backfill operations during times of inclement weather or other conditions when satisfactory results cannot be obtained.

B. Open Areas

• Pipe Zone - Backfill material to be deposited in 8-inch maximum thickness layers and compacted as specified for the applicable embedment Class.

• Above Pipe Zone. - Deposit approved materials in 12-inch layer and compact completed backfill to be at density comparable to undisturbed soil.

C. Pavement Sections - Deposit backfill material in 8-inch maximum thickness layers and

compact with mechanical hand tampers to 95 percent of maximum density defined by ASTM D698. Backfill material to consist of gravel or select material with Plasticity Index (PI) of between four (4) and fifteen (15) placed at optimum moisture content. Special care shall be taken not to damage the coating or wrapping of pipes.

D. Backfill Settlement - Contractor is to be responsible for all settlement of backfill which may

occur within a period of one year after the date of final completion of contract. Replace or repair backfill and related items within 30 days after notice by the Engineer or Owner.

3.7 APPROVALS

Compaction testing of any portion of the embedment material may be required by the OWNER and ENGINEER with initial testing to be paid by OWNER. Any areas failing tests and requiring re-testing will be paid by CONTRACTOR.

END OF SECTION

GLS 04/10 02622-1 PVC PIPE AND FITTINGS

SECTION 02622

PVC PIPE AND FITTINGS

PART 1—GENERAL

1.1 DESCRIPTION

This section governs for construction of polyvinyl chloride (PVC) pipe, couplings, and fittings for water mains or other pressure lines.

1.2 RELATED WORK

TRENCHING GATE VALVES DUCTILE IRON PIPE AND FITTINGS


A. Reference Standards

ASTM D1599

Standard Specification for Short Time Burst Test

ASTM D1784

Standard Specification for Rigid Poly Vinyl Chloride (PVC) Compounds

ASTM D2152

Standard Specification for Extrusion

ASTM D2241

Standard Specification for Poly Vinyl Chloride (PVC) Plastic Pipe (SDR-PR)

ASTM D3139

Standard Specification, Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals.

ASTM F477 Standard Specification for Elastomeric Seals (Gaskets) for Joining Pipe AWWA C110 Gray Iron and Ductile Iron Fittings AWWA C153 Ductile Iron Compact Fittings AWWA C651 Disinfecting Water Mains NSF 61 National Sanitation Foundation Drinking Water System Components and

Related Materials

B. Tests

1. Hydrostatic test for leakage. 2. Bacteriological test.

1.4 PRODUCT, DELIVERY, STORAGE, AND HANDLING

A. Handle material so as to prevent its injury or damage.

B. Store materials on skids or in crates above ground and keep clean, properly drained, and protected from elements causing corrosion.

PART 2—PRODUCTS

2.1 PIPE

A. Materials - PVC plastic shall conform to ASTM D1784, Standard Specifications for Rigid Polyvinyl Chloride Compounds and Chlorinated Polyvinyl Chloride Compounds - for Cell


Classification 12454-B (Type I, Grade I). Pipe to be PVC 1120 as manufactured by Johns Manville, CertainTeed, PW Eagle, or an equal approved in writing. Only bell joint single gasket pipe will be allowed; no twin gasket collar type joints will be allowed.

B. Classification - PVC pipe shall conform to ASTM D2241 Standard Specification for PVC

Plastic Pipe - for the Standard Dimension Ratio (SDR) and Pressure Rating (PR) as indicated for pipe size. PVC pipe shall conform to SDR 21 (PR 200) or SDR 26 (PR 160).

C. Marking - Manufacturer's name (or Trademark) and code. It shall also include the seal of approval (or "NSF" mark) of the National Sanitation Foundation spaced at intervals specified by the laboratory for pipe intended for transporting potable water.

D. Bell Joint

1. PVC plastic pipe shall have bell type joints for 2-inch and larger pipe. Solvent type joints may be used for smaller pipes provided expansion joints are installed at 100-foot spacing.

2. The wall thickness of the bell meets appropriate commercial standards for the pipe type and size.

3. The belled end must be symmetrical about the centerline axis of the pipe. 2.2 FITTINGS

A. Larger than two-inch diameter pipe - Fittings to be ductile iron or cast iron conforming to the requirements of AWWA C110 / C153 and American National Standards Institute (ANSI) specifications ANSI A21.10 / A21.53. Fittings to be flanged or mechanical joint.

B. Two-inch diameter and smaller pipe solvent welded or rubber gasket bell joint. PVC fittings are permitted.

PART 3—EXECUTION

3.1 PIPE INSTALLATION

A. Water and Sanitary Sewer Clearance

1. Meet requirements of Section 290.44(e) of "Rules and Regulations for Public Water Systems" by Texas Commission on Environmental Quality

2. Parallel Lines - Maintain 10' clearance between new lines. 3. Crossing Lines - Refer to Section 290.44(e).

B. Trenching - Refer to Section entitled "TRENCHING".

C. Cover - Provide 30 inch minimum cover unless noted.

D. Trench Width - Nominal pipe size plus 8 inches minimum and 16 inches maximum. E. Trench Safety - Provide trench safety system in accordance with Occupational Safety

and Health Administration (OSHA) Publication OSHA 2226 (Latest Revision) where excavation exceeds five (5) feet depth.

F. Bedding - Prepare trench bottom to be smooth and free from stones greater than 1/2"

diameter, large dirt clods, and any frozen material. Generally, loose material left by the excavator on the trench bottom will be adequate for bedding the pipe barrel so that it is fully supported. Where the excavator cuts a very clean bottom, soft material can be


shaved down from the sidewalls to provide needed bedding. If the trench bottom is rocky or hard, as in shale, place a 4" layer of selected backfill material to provide a cushion for the pipe.

G. Bell Joint Pipe Assembly

1. Make certain that the ring groove in the bell is clean, with no dirt or foreign material that could interfere with proper seating or the ring.

2. Set rubber rings in proper position in bell end as recommended by pipe manufacturer.

3. Clean spigot end with a clean dry cloth from end to one inch beyond reference mark.

4. Lubricate the spigot end using only the manufacturer's lubricant supplied. Cover the entire circumference. Apply in accordance with the manufacturer's recommendations. Do not lubricate the rubber ring or the ring groove in the bell because such lubrication could cause ring displacement.

5. Insert the bevel end into the bell so that it is in contact with the ring. Hold the pipe lengths being joined close to the ground to keep the lengths in proper alignment. Brace the bell while the bevel end is pushed in under the ring, so that previously completed joints in the line will not be closed up. Push the spigot end in until the reference mark on the spigot end is flush with the end of the bell.

H. Solvent Weld Joint Pipe Assembly - Apply solvent cement in accordance with the

manufacturer's recommendation. Apply lightly to the inside of the fitting and somewhat more generously to the outside of the pipe. Joint shall be made before the solvent dries. Pipe should be stabbed into fitting and given a quarter turn. Additional twisting may weaken the joint. If sufficient cement has been used, a small bead will from between the pipe and the shoulder of the fitting. Remove excess solvent with a cloth. After assembly, the joint shall not be moved until the cement weld has set up.

I. Fitting Assembly - Assemble fittings so that no strain is placed on the pipe during or after

the backfill operation.

J. Insulation for Exposed Piping - Insulate exposed piping with one-inch thick fiberglass insulating material and wrapped with aluminum wrapping. The aluminum wrapping shall be fastened with suitable fasteners.

K. Plugging Pipe - Plug pipe at end of construction each day to prevent entrance of debris

and unnecessary objects into pipe. 3.2 DISINFECTION

Before acceptance for domestic use each section of pipe is to be disinfected (sterilized) in accordance with "DISINFECTION OF WATERLINES."

3.3 HYDROSTATIC TESTING

A. General - A hydrostatic test is to establish that the leakage of the pipe including all joints, fittings and other appurtenances is within the applicable leakage allowance. Notify Engineer and Owner 24 hours in advance of any testing. Owner's representative (inspector) must be present during test.


B. Procedure

1. Conduct test after section of line is completed with valves, fittings and service lines and prior to installation of meters. Lines to be backfilled prior to testing.

2. Provide air relief valves in section of line to exhaust trapped air in the test section.

3. Fill pipe with water until air is exhausted. 4. Raise pressure to test pressure of pipe by means of pumping from a container. 5. Refill container and maintain pressure for a duration of test. 6. Measure water required to refill container to pre-test level.

C. Test Pressure

1. The greater of 100 psi, or 1.5 times the system operating pressure. 2. Do not exceed 1.2 times the pipe pressure rating at the lowest point of

test section.

D. Duration of Test

1. Minimum of four (4) hours. 2. Continue test for a total of twelve (12) hours if leakage during first four (4)

hours exceeds 75 percent of allowable leakage rate.

E. Allowable Leakage - as determined by the following formula. Q = LD (P) 1/2 148,000 Q = Leakage Allowable (gal./hr.) L = Linear Feet of Pipe in Test Section D = Nominal diameter of pipe (inches) P = Test Pressure (psi)

F. Record of Test

Pressure test forms will be furnished by the Engineer to record the following test data and results.

1. Date of test. 2. Name of persons in attendance. 3. Pipe size and length. 4. Brand names of pipe and pressure rating. 5. Beginning and Ending times of test. 6. Test Pressure. 7. Actual and Allowable leakage. 8. Number of leaks found during testing. 9. Remarks.

10. Signature of inspector and contractor. 3.4 ADJUSTMENT AND CLEANING

Remove excess material and debris after completion of work.

END OF SECTION

GLS 9/17 02733-1 PRIVATE SEWER SERVICES

SECTION 02733

PRIVATE SEWER SERVICES

PART 1 – GENERAL

1.1 DESCRIPTION

This section governs for construction of private sanitary sewer services and appurtenances, including cleanouts and service connections.

1.2 RELATED WORK: MANHOLES SANITARY SEWER SERVICES

SANITARY SEWER FORCE MAINS 1.3 QUALITY ASSURANCE

A. Submittals - Brand name and Manufacturer's specifications and recommended installation procedures of piping materials, pipe joints, fittings, and accessories.

B. Tests

1. Manufacturer's PVC pipe deflection test results. 2. Pipe burst pressure test results.

C. Minimum Standards - Meet requirements of Texas Commission on Environmental

Quality (TCEQ) and local Plumbing Code.

D. Reference Standards

ASTM D1784 Rigid PVC Compounds and Chlorinated PVC Compounds ASTM D2412 External Loading Properties of Plastic Pipe by ParallelPlate Loading ASTM D3034 Type PSM PVC NSF 14 National Sanitation Foundation Plastic Piping System Components and

Related Materials UNI-B-4 Uni-Bell Recommended Standard for Integral Bell, Gasketed Joint PVC

Sewer Pipe and Fittings (4" through 15")

PART 2 – PRODUCTS

2.1 GENERAL

Furnish materials for gravity flow sanitary sewer systems according to requirements of this Section, or as noted on plans and contract documents.

2.2 SANITARY SEWER PIPE

A. Polyvinyl Chloride Pipe (PVC)

1. PVC plastic pipe conforming to ASTM D3034, SDR 35, for 4” - 15“ diameter.

GLS 9/17 02733-2 PRIVATE SEWER SERVICES

2. Pipe Deflection - The pipe shall be capable of carrying the design trench load with a maximum deflection of 5% of the internal diameter when installed in accordance with the manufacturer's recommended procedure. External loading shall be in accordance with ASTM D2412.

2.3 JOINTS AND FITTINGS

A. PVC Pipe - Provide rubber ring bell joint which shall be an integral and homogeneous part of the pipe barrel in accordance with ASTM F477. Make joints and connections according to manufacturer's printed instructions.

PART 3 – EXECUTION

3.1 PIPE BEDDING Bed pipe as shown on plans and specified in the Section entitled "TRENCHING". 3.2 PIPE INSTALLATION

A. Service Stub - Consists of a standard wye and bend with a 4-inch single service, or a 6-inch double service, lateral at 0.01 foot/foot minimum slope. Contact local utility for location of service connection stubs at property line. Determine locations and elevations of each tie-in point before making field installation.

B. Service Tap - Contact local utility for location of sewer main. Arrange for tap to be made

as directed by local utility.

C. Private Service - Extend 4-inch or larger pipe at minimum slope of 0.01 foot/foot or as shown on plans. Connect to private sewer at residence as required.

3.3 JOINTING PROCEDURES

A. Preparation of Pipe Ends - Before laying pipe, wipe inside surface of bell or coupling and outside surface of spigot until clean and dry and apply joint lubricant in accordance with manufacturer's recommendations. Cover entire contact area with joint lubricant, then complete joint immediately.

B. Making Joint - Make joint in following manner. Push spigot end into bell of preceding

pipe until it is properly seated. Apply moderate force by using a simple lever. 3.4 CLEANOUTS

Install cleanouts at maximum spacing of 75'. Provide 4-inch riser with plastic or cast iron water-tight cap plug. Set top of cap at final grade.

3.5 BALL TEST

Lines shall be tested for cleanliness and major defects by flushing a ball of a diameter one (1) inch less than the inside diameter of the pipe through the pipe. Test must be made under the observation of the engineer or his authorized representative. Supply ball and equipment necessary to perform the test.

END OF SECTION

GLS 9/17 02835-1 CHAIN LINK SECURITY FENCING

SECTION 02835

CHAIN LINK SECURITY FENCING


This section governs for chain link man-proof security fencing. 1.2 QUALITY ASSURANCE

A. Reference Standards – ASTM A-121 Zinc-Coated (galvanized) Steel Barbed Wire ASTM A-123 Zinc (Hot-Dip Galvanized) Coatings on Iron and Steel Products ASTM A-392 Zinc-Coated Steel Chain Link Fence Fabric ASTM A-491 Aluminum-Coated Steel Chain Link Fence Fabric ASTM A-585 Aluminum-Coated Steel Barbed Wire

ASTM A-824 Metallic-Coated Steel Marcelled Tension Wire for use with Chain Link Fabric

ASTM B-6 Zinc (Slab Zinc) ASTM F-552 Terminology Relating to Chain Link Fencing ASTM F-567 Installation of Chain Link Fencing ASTM F-626 Fence Fittings ASTM F-900 Industrial and Commercial Swing Gates ASTM F-1043 Specifications for Strength and Protective Coatings on Metal Industrial Chain Link Fence Framework

ASTM F-1083 Pipe Steel Hot-Dipped Zinc Coated (Galvanized), Welded for Fence Structures ASTM F-1184 Industrial and Commercial Horizontal Slide Gate

B. Product Qualifications - Product which has been manufactured and applied for a minimum of 2

years. C. Applicator Qualifications - Provide personnel with a minimum of 2 years’ experience in

application of product. PART 2 – PRODUCTS Where existing fence fabric is to be reused, provide new posts per 2.2. 2.1 MANUFACTURER Fence work shall be accomplished in accordance with the suggested standards of Cyclone Fence Sales, United States Steel Corporation, or other domestic manufacturer of chain link fence of quality herein specified. 2.2 MATERIALS

A. All Components - Iron or steel components shall be hot-dipped galvanized after fabrication, except as specified elsewhere, and conform to ASTM-A-123 for galvanized coating.


B. Fabric - Fabric shall be 72" in width woven in 2" mesh of 9 gauge copper bearing steel wire. Fabric shall be twisted at the top selvage. Fabric may either be twisted or knuckled at the bottom selvage. Minimum tensile strength of wire shall be 80,000 psi after galvanizing. Fabric shall be galvanized after weaving with a coating of 2.0 oz. per sq. ft. complying with ASTM-A-392, Class II, or Aluminum-Coated with a coating of 0.40 oz. per sq. ft. complying with ASTM-A-491, Class II.

C. Line Posts - Line posts shall be 2-3/8" O.D. Schedule 40 pipe, 3.65# per L.F.; or 2-1/4" square,

4.1# per L.F.; or 2-1/4" x 1.70" H Column, 4.1# per L.F. Set posts not less than 36" into concrete. Space posts not to exceed 10' center to center.

D. Top Rail - Top rail shall be 1-5/8" O.D. Schedule 40 pipe, 2.27#/L.F.; or 1-5/8" x 1-1/4" Roll

form section fitted with expansion joints of the outside sleeve type averaging not more than 20' center to center. Sleeves shall not be less than 6-inches long, with 0.070 inches minimum wall thickness, and shall make rigid connection but allow expansion and contraction. Top rail to be anchored at terminal posts. Top rail to be continuous for full length of fence passing through line post tops. The post tops shall fit over the outside of posts and shall exclude moisture from posts.

E. Terminal Posts - End, corner or pull posts, called terminal posts herein shall be 2-7/8" O.D.,

Schedule 40 pipe, 5.79#/L.F.; or 2-1/2" square, 5.10#/L.F.; or 3-1/2" x 3-1/2" Roll form. Posts shall be set not less than 36" in concrete, shall be used in lieu of line posts at ends of runs, changes in alignment or other points of strain. Terminal posts shall be fitted with bracing between terminal post and first line post. Bracing shall consist of same material as top rail, located no lower than mid-height of fabric, and a tension member. Tension member or truss rod shall be not less than 3/8" in diameter and fitted with a turnbuckle or other equivalent tension take up device. Compression and tension members shall be secured to terminal posts and line posts with suitable fabricated devices to develop the full strength of the members.

F. Fabric Bands - Fabric and stretcher bars shall be securely attached to terminal posts at

intervals not greater than 12" center to center. Bands shall be formed from flat or beveled steel and shall conform to the following:

1. Tension bands for posts 4” O.D. or less shall have a minimum thickness after galvanized

of 0.078 inches and minimum width of 3/4-inch. For posts greater than 4” O.D., bands shall have minimum thickness after galvanizing of 0.108 inches and minimum width of 7/8-inch.

2. Brace bands shall have minimum thickness after galvanizing of 0.108 inches and minimum width of 3/4-inch.

3. Standard mill tolerances of +/- 0.005 inch on thickness and 0.010 inch on width shall apply.

4. Attachment bolts shall be 5/16 x 1 1/4-inch galvanized carriage bolts with nuts.

G. Ties or Clips – Fabric shall be securely attached to line posts at intervals not exceeding 15 inches and to top rails and brace rails at intervals not greater than 24 inches center to center. Ties to be #11 gauge steel or #9 gauge aluminum alloy.

H. Barbed Wire 1. Supporting Arms – Supporting arms shall be set at an angle of 45° out from the enclosed

area or vertical as required, and shall be fitted with slots or other means for attaching three strands of barbed wire. With 45° arms, the top wire shall be approximately 12 inches horizontally from the fence line and the other strands spaced uniformly between


the top of the fence fabric and the outside strand. Barbed wire arm shall be of sufficient strength to withstand a weight of 250 pounds applied at the outer strand of barbed wire.

2. Barbed Wire – Each strand of barbed wire shall consist of a pair of twisted 12 1/2-gauge wires with 14-gauge 4 point barbs on 5-inch spacing, and shall conform to one of the following:

a. Zinc-Coated barbed wire conforming to ASTM A-121, chain link fence grade with a coating of 0.80 oz. per sq. ft. for line wire and 0.65 oz. per sq. ft. for barbs.

b. Aluminum-Coated barbed wire conforming to ASTM A-585, Type I, with a coating of 0.30 oz. per sq. ft. for line wire and 0.25 oz. per sq. ft. for barbs.

3. In lieu of barbed wire, with the Owner’s approval, the fence shall be eight feet in height. 2.3 GATES

A. Gate Posts - Gate posts shall be round pipe or Roll form and shall be not less than the size and weight given below for the gate opening shown:

Single gate up to 6' 2-7/8" O.D. Schedule 40 pipe 3-1/2" x 3-1/2" Roll form Single gate 7' up to 13' 4" O.D. Schedule 40 pipe Single gate 14' up to 18' 6-5/8" O.D. Schedule 40 pipe Single gate over 18' 8-5/8" O.D. Schedule 40 pipe Gate posts up to and including 4" O.D. to be set in not less than 36" deep concrete base, gate

posts 6-5/8" O.D. and greater shall be set in a minimum 48" deep concrete base.

B. Gate Frames - Gate frames shall be not less than 1.90" O.D., Schedule 40 pipe (2.28 #/LF) or 2" square, (2.52#/LF). Cantilever sliding gate horizontal members shall not be less than 2-3/8" O.D. (3.65 #/LF) Schedule 40 pipe. Frames shall be constructed with heavy pressed steel or malleable castings or welding at the joints to produce rigid and weatherproof joints. Bracing and details of construction shall be adequate to provide a rigid non-sagging and non-twisting gate of high quality. Fabric shall be same as fence fabric and shall be securely attached, using methods equal to fence fabric and shall be securely attached, using methods equal to fence fabric attachment. Welding of fabric to frame will not be permitted. Frames shall have provision for three strands of barbed wire in vertical position, all as shown on details on the drawings.

C. Latches - Gates shall have drop bar type latch for one leaf with automatically engaging latch

for other leaf. Drop bar shall be outfitted with suitable casting set in concrete to hold gate leaf in place when drop bar is engaged. Latching devices shall be heavy duty type and shall be lockable with padlock from either side.

D. Gate Keepers - Gates shall be equipped with gate keepers to hold gate in open position as

indicated on the plans. E. Gates - Gates shall be of the size and type shown on the drawings. F. Cantilever Slide Gate - Provide Cantilevered slide gate sized as indicated on the drawings.

Each gate shall have truss rod diagonal bracing within the gate fabric. The gate shall be approximately one third larger than the opening shown on the drawings. There shall be roller bearing truck assembly at the gate post and overhang post. The gate shall slide freely and easily by hand, and shall be capable of having a motor operated added in the future. The gate shall include a latch mechanism for a pad lock.


2.4 POST FOUNDATION

Posts shall be set in concrete as provided above. Concrete foundation shall be not less than 10" diameter for line posts and 12" for other posts except 6-5/8" posts and 8-5/8" post, which shall be 24". Concrete shall extend not less than 4" below bottom of post and shall be crowned at the top to shed water. Concrete shall be 2500 psi minimum.

2.5 MISCELLANEOUS MATERIALS

Other miscellaneous materials required to complete the fencing in a first class manner shall be furnished as required in accordance with the Chain Link Fence Manufacturers Institute (CLFMI). Miscellaneous materials shall be consistent with the fence and gate materials listed above, and shall be hot-dipped galvanized.

2.6 GALVANIZING

Framing materials, posts, rails, braces, truss rods, gate frames, barbed wire arms shall be zinc-coated by the hot-dipped method and have a minimum coating of 1.8 oz. per square foot of surface, using Zinc Grade E.

PART 3 – EXECUTION 3.1 RECEIPT OF PRODUCT A. Inspect products for damage concurrent with unloading. B. Products to be segregated at unloading to facilitate identification in erection. 3.2 ERECTION A. General Requirements 1. Work to be plumb and level. 2. Work to be properly aligned. 3. Fabric to be 2" clear of ground. Minor ground irregularities to be corrected.

B. Installation Work to be performed in a "first-class" manner without sags or bulges. C. Field Painting and Touch-up Repair all surfaces damaged during shipping, handling and erection.

3.3 ADJUSTMENT AND CLEANING Remove excess material, falsework, and debris after completion of work on each phase.

END OF SECTION

GLS 4/17 03311-1 CONCRETE STRUCTURES

SECTION 03311

CONCRETE STRUCTURES

PART 1—GENERAL

1.1 DESCRIPTION

A. This item governs for construction of concrete structures, foundations, paving and slabs-on-ground.

1.2 RELATED WORK

A. 00300 INFORMATION AVAILABLE TO BIDDERS (Subsurface Exploration) B. 01410, TESTING LABORATORY SERVICES C. 02220 STRUCTURAL EXCAVATION AND BACKFILL D. 07190 WATERPROOFING

1.3 SUBMITTALS A. Submit mix designs for strength. B. Samples - Submit samples of the following for testing: 1. Aggregate samples indicating full range of size and type. 2. Admixes proposed for use. 3. Cement proposed for use.

C. Tests - Make test specimens to maintain check on concrete strength throughout job. Refer to SECTION 01410, TESTING LABORATORY SERVICES.

D. Provide manufacturer literature on any proposed additive, including accelerators,

retarders, and curing agents. Do not use any additive until approved by Engineer. E. Contractor assumes responsibility for design of concrete.

1.5 REFERENCE STANDARDS

ACI 117- Standard Specifications for Tolerances for Concrete Construction and Materials. ACI 211 - Recommended Practice for Selecting Proportions for Normal Weight Concrete. ACI 301 - Specifications for Structural Concrete for Buildings. ACI 305 - Recommended Practice for Hot Weather Concreting. ACI 306 - Recommended Practice for Cold Weather Concreting. ACI 315 - Detailing Reinforced Concrete Structures. ACI 318 - Building Code Requirements for Reinforced Concrete. ASTM A185 - Specifications for Welded Wire Fabric. ASTM A615 - Specifications for Deformed Reinforcing Steel. ASTM C33 - Specifications for Concrete Aggregates. ASTM C94 - Specifications for Ready-Mixed Concrete. ASTM C150 - Specifications for Portland Cement. ASTM C260 - Specifications for Air-Entraining Admixtures for Concrete.


PART 2—PRODUCTS

2.1 CONCRETE Ready mixed conforming to ASTM C94 or site mixed.

A. Cement - ASTM C150, Type 1; no caked cement; one brand for one structure; deliver in bags for site mixing. No fly ash or cement substitute is allowed to replace required cement content.

B. Water - Free from oils, acids, alkalis, organic matter, salts, or other deleterious

substances. C. Coarse Aggregate - ASTM C33. Refer to ACI 301-3.6 for maximum size, other than the

following:

1. Slabs-on-Ground: 1-inch maximum. 2. Grade Beams: 1-inch maximum. 3. Drilled Piers: 1-inch maximum. 4. Above Ground Floor Slabs: ½-inch maximum

D. Fine Aggregate - Natural sand meeting requirements of ASTM C33. E. Admixture

1. Water Reducer and Set Retarder - ASTM C494; A, B, or D. Do not use chlorides. 2. Air Entrainer - ASTM C260. 3. Approved Manufacturers - Obtain written approval for admixture manufacturers

other than: (a) W.R. Grace. (b) Sika Chemical Corp.

4. Super Plasticizer - (Contractor's Option) Provide a high range water reducer conforming to ASTM C494, Type F. Use amount recommended by the manufacturer. (a) "WRDA-19" as manufactured by W.R. Grace. (b) "Sikament" as manufactured by Sika Chemical Corp.

F. Classification

Class Type

Min.28-day Compress. Strength

(Lbs. per sq. in.)

Max. Water/

Cement Ratio

Min. Cement

(Lbs./Cu.Yd.)

Consistency Range in

Slump (In.)

Air Content

(%)

A

Structural Foundations, Slab-on-Ground, Concrete Structures, Floor Slabs, Curbs, Walks, Paving, Slope Paving

3,000 0.55 470

(5 bags) 2.5 to 5.5 4 to 6

B Structural Foundations, Slab-on-Ground, Concrete Structures,

4,000 0.48 517

(5.5 bags) 2.5 to 5.5 4 to 6


Floor Slabs

C Fill, Pipe Blocking, Seal Slabs 2,000 0.74

376

(4 bags) 3 to 6 3 to 5

1. Include in maximum water, free water in aggregate minus absorption of aggregate based on a thirty-minute absorption period. Class "A" Structural concrete is to be used for structures, foundations, and slabs unless otherwise specified on plans. Slump ranges may be exceeded when super plasticizers are used.

2.2 REINFORCING STEEL

A. Bars - ASTM A615 (Deformed).

1. No. 3 Bars, Stirrups and Ties - Grade 40. 2. No. 3 Bars, Main Reinforcing - Grade 60. 3. No. 4 and Larger Bars - Grade 60.

B. Welded Wire Fabric - ASTM A185. 2.3 EXPANSION JOINT

A. Unless otherwise shown expansion joint material to be asphalt or asphalt impregnated fiber joint in accordance with ASTM D994 or ASTM D1751-83 respectively.

B. Preformed rubber or cork in accordance with ASTM D1752-84, per Reflex of J.D. Russell

Co, (800) 826-7008. 2.4 CURING MATERIAL

A. Water - Free from oils, acids, alkalis, salts, or other deleterious materials. B. Cotton Mats - Filling material of cotton "bat" (min. 12 oz. per sq. yd.) with unsized cloth

covering (min. 6 oz. per sq. yd.) C. Do not use any product that may inhibit or be noncompatible with finish applications, i.e.

glues or adhesives. Do not use Sonneborn “Kure-N-Seal “, or any other sealer at any area to receive flooring finishes.

2.5 FORM LUMBER

Seasoned, of good quality, and free from loose or unsound knots, knot holes, twists, shakes or decay.

2.6 GROUT

A. Grout - One part Portland Cement to two parts sand. B. Non-Shrinking Grout - Pre-mixed grout which is non-metallic, non-corrosive, and

non-staining; containing specially selected silica sands, cement, shrinkage compensating agents, plasticizing and water reducing agents.

1. Conform to requirements of Corps of Engineers CRD-C588. Test method CRD-C589. 2. Yield of 0.9 cubic foot to 1.0 cubic foot per 100 pounds.


3. Mixing water per 100 pounds: - Stiff - 2 gallons - Plastic - 23 gallons - Flowable - 22 gallons

4. Minimum 28 day compressive strength of 8,000 psi. 5. Maintain grout temperature during placement between 50oF and 90oF.

2.7 PERMANENT MOISTURE BARRIER

Moisture barrier shall be per Section 07190. 2.8 CONCRETE BONDING AGENT

"Daraweld-C" as manufactured by W.R. Grace and Company, or "Bond Crete-S" as manufactured by Burke Concrete Accessories, Inc.

PART 3—EXECUTION

3.1 FORMS

A. Lumber - Mortar tight; smooth surface; true to line and grade, and adequately braced. B. Provide plywood or masonite surfaces for concrete faces to be rub finished. C. Remove dirt, sawdust, nails, and other foreign material from formed spaces.

3.2 BUILT-IN ITEMS

Install pipe, sleeves, bolts, anchors, and other cast-in-place items securely. Use templates to set built-in items accurately.

3.3 JOINTS

No horizontal joints will be permitted in concrete Work except as shown on the Drawings. Make stops in concrete placing with vertical bulkheads at locations approved by the Engineer prior to placement.

3.4 REINFORCING STEEL

A. Bend, clean, place and tie in accordance with ACI Standards. Support slab steel on chairs as approved by Engineer.

B. Splice bars with calculated stress in accordance with ACI Standards, Class C, unless

noted. C. Lap welded wire fabric by one full pattern width in each direction.

3.5 OBSERVATION

Do not place concrete until forming, reinforcement, and built-in items have been field observed and approved by the Engineer.


3.6 SUBGRADE

A. Dampen subgrades not covered with membrane by sprinkling immediately before placing concrete. Omit when subgrade is already damp.

B. Dry out soggy subgrade before placing slabs unless wetting is uniform and placing can be

done without damage to subgrade. C. Place slab screeds to precise elevations. D. Obtain the Engineer's approval of subgrade and screeds prior to concrete placement.

3.7 MIXING CONCRETE

A. Mix and deliver in accordance with ASTM C94. B. Clean and maintain equipment for good operation. C. Job mix concrete in approved type mixer for minimum of one and one-half minutes for one

cubic yard batch. Add 15 seconds for each half yard increase over one yard batch. 3.8 PLACING CONCRETE

A. General Requirements

1. Give notice before placement. 2. Place in daylight hours. 3. Discharge within one hour after start of mixing.

B. Handling and Transporting

1. Use method to prevent segregation. 2. Use buckets, chutes, buggies, pipes, troughs, or pumping. 3. Protect against sun and wind, to prevent loss of slump and workability. 4. Use of aluminum equipment not permitted.

C. Depositing

1. Continuous horizontal layers twelve inches thick in structures and foundations. 2. Concrete shall not be placed when the temperature is below 50 degrees F and

falling. Concrete may be placed when the temperature is above 40 degrees F and rising. Excavations and reinforcing shall be free of all frost.

3. Slabs and Flatwork: (a) Drop concrete in position; do not draw or rake concrete laterally to position. (b) Place concrete continuously in any one part of the Work. If a whole part of

the Work cannot be placed monolithically, place to construction joints indicated on Drawings, or as approved. Retighten forms, clean hardened surfaces, and cover with bonding compound before placing against hardened concrete.

(c) Place sloped concrete from bottom up. (d) Use temporary screeds to maintain levels and slopes as required. Provide

adequate support for screeds to maintain accurate elevations. 4. Limit free fall to five feet. 5. Use tremies for free fall over five feet.


6. Maintain temperature above 50oF. 7. Use retarding agent for air temperatures above 85oF. 8. Provide thermometer for temperature verification. 9. In forms over 8" deep vibrate concrete after placement. DO NOT USE VIBRATOR

TO CAUSE CONCRETE TO FLOW. Extend wand full depth of pour, allowing wand to vibrate a maximum of 5 seconds per extension. Vibrate placement every 12 to 18 inches, depending on depth and width of form.

3.9 CURING CONCRETE

A. Cure for six consecutive curing days. B. Cure high-early-strength concrete for three consecutive curing days. C. "Curing Day" is a calendar day whose temperature is above 50oF for at least 19 hours.

3.10 FORM REMOVAL

A. Remove forms under slabs, beams, or girders after seven days. B. Remove all other forms after two days.

3.11 PATCHING CONCRETE

Patch honeycomb and tie holes. 3.12 DEFECTIVE WORK

Repair or replace immediately after form removal at Contractor's expense. 3.13 SLAB FINISH

A. Floor Slabs - Steel trowel finish, class BX. Depression in floor between high spots shall not be greater than 1/8 inch below a 3 foot straightedge. Level slabs shall not vary more than ½ inch in 30 feet.

B. Sidewalks - Steel trowel and broom finish.

Cross slope shall not be greater than 1-1/2%, Landing shall not be greater than 1-1/2%. C. Foundations - Wood float finish.

3.14 RUB-FINISHED SURFACES

A. Rub-finish exposed vertical and battered surface from six inches below final ground line or low water to top.

B. No rubbing required for structures extending twelve inches or less above ground or

water. C. Prove two rubbings.

1. First with No.16 carborundum stone. 2. Second with No.30 carborundum stone.


D. Finish to provide clean, smooth, uniform surface. 3.15 CLEAN-UP Clean area from time to time during construction and clean area completely after completion of work

END OF SECTION


SECTION 13123

GREENHOUSE SYSTEMS


A. Drawings __________________

B. Drawings __________________




drawings.







purposes.




A. Design Criteria




B. Design Loads


2012 IBC Standards:








a. D.L. + S.L.

b. D.L + W.L.




the greenhouse.






greenhouse plans.






by applicable code.


2.2 MATERIALS






50,000 psi.



psi.

































total).
















2.8 ERECTION




instructions.
















2.11 SHADE CLOTH


2.12 GROUND COVER




3.2 INSTRUCTION



END OF SECTION

GLS 10/16 15010-1 MECHANICAL

SECTION 15010

MECHANICAL

PART 1—GENERAL

1.1 SCOPE

The scope of the mechanical phase of this project shall include all labor, materials, equipment, etc., required to fulfill the intent of the Contract Documents and shall include the work specified under the subsequent sections of Division 15 of these specifications.

1.2 RELATED DOCUMENTS

All applicable provisions of Divisions 0 and 1 govern work under this Division. Refer to these articles in the specifications for additional information.

1.3 REFERENCE STANDARDS

A. All work shall be performed in full accord with the latest editions of the applicable state, and national building codes and local ordinances.

B. Refer to each section for applicable codes and reference standards.

1.4 FEES, PERMITS AND TAXES

The Contractor shall make arrangements for and pay for all inspection fees, connections fees permits required by local authorities. The Contractor shall also pay all taxes levied for labor and materials associated with work under this Division.

1.5 SUBMITTALS

A. The symbol "<S>" indicates a requirement for submittals.

B. Refer to SECTION 01300 for additional information on submittals.

C. Refer to AIA General Conditions.

D. In addition to the requirements of the above referenced portions of this specification, all Subcontractors proposing to do work under this Division shall comply with the following additional requirements:

1. These specifications and drawings are intended to indicate a standard of quality

for materials and equipment which is established by the listing of manufacturers' names and catalog numbers and/or by referenced standards. Materials and equipment that do not comply with these standards of quality will not be considered for substitution.

2. As soon as practicable and within thirty (30) days after the award of the contract and before beginning the fabrication of any material or the installation of any equipment, data shall be submitted for approval on equipment and materials where noted. Materials (pipe, fittings, etc.) may be enlisted with the name of the manufacturer and identifying catalogue numbers. Data for equipment shall


include manufacturer's name, catalogue data, diagrams, drawings and other descriptive data as required or requested by the Architect/Engineer for evaluation.

3. Notwithstanding any reference in the specifications to any article, device, product, material, fixture, form or type of construction by name, make or catalogue number, such references shall be interpreted as establishing a standard of quality and shall not be construed as limiting competition; and the Contractor, in such cases, may at his option use any article, device, product material, fixture, form or type of construction which in the judgment of the Architect/Engineer expressed in writing, is equal to that specified.

4. All data shall be carefully examined and shall be forwarded for approval with a signed certification to the effect that the data has been carefully checked and found to be correct with respect to dimensions and available space and that the equipment complies with all requirements for the specifications.

5. Point out in writing all deviations between the plans and specifications and the materials submitted.

6. It is understood that proof of equality is the responsibility of the Contractor and/or supplier and that it is not the responsibility of the Architect/Engineer to prove the inequality of the proposed substitutions. Furthermore the decisions of the Architect/Engineer are final.

E. While it is not the intention of the Architect/Engineer to discriminate against any

manufacturer of equipment which is equal to specified equipment, a strict interpretation of such equality will be exercised by the Architect/Engineer in considering any equipment offered as a substitute for equipment offered as a substitute for equipment named in the specification. It shall be the responsibility of the Contractor to submit with each request for approval of substitute material or equipment, sufficient data to show conclusively that it is equal to the material or equipment specified.

F. Contractor shall submit shop drawings and/or diagrams for approval and for job

coordination in all cases where significant deviations from the contract drawings are contemplated because of job conditions, interferences, or substitutions of equipment, or when requested by the Architect/Engineer for purposes of clarification of the Contractor's intent. He shall also submit detailed shop drawings, rough-in sheets, etc., for all special or custom built items of equipment.

G. Should any substitute items be submitted and disapproved, then those items must be

furnished exactly as described herein.

H. The Architect/Engineer's review of shop drawings and/or submittal data shall not relieve the Contractor of responsibility for deviations from the contract drawings or specifications.

I. The size of mechanical equipment shown on the drawings is based on the dimensions of

a particular manufacturer. While other manufacturers may be acceptable, it is the responsibility of the Contractor to determine if the equipment he proposes to furnish will fit in the space. Shop drawings shall be prepared when required by the Architect/Engineer or Owner to indicate a suitable arrangement.

J. Space allocations and utility rough-ins have been designed on the basis of equipment

items named by manufacturer and model number. If any equipment not so named is offered which differs substantially in dimension or configuration from the named equipment, provide scaled shop drawings showing that the substitute can be installed in the same space available without interfering with other trades or with access for


operation and maintenance in the completed project. The Installer shall coordinate final rough-in locations with actual equipment furnished.

1.6 OPERATING AND MAINTENANCE MANUALS AND INSTRUCTIONS

A. The symbol "<OM>" indicates a requirement for operating and maintenance manuals to be furnished.

B. The Owner's operating personnel shall be instructed by the Contractor on how to start

and operate each item of equipment. Safety features shall be pointed out, particularly the possible trouble shooting which might be done to remedy operating problems.

C. The Owner's operating personnel shall be thoroughly instructed in the operation of the

control system. Instruction should include an explanation of the control system and system sequence of operation, the proper set points of each thermostat, etc., and how to change the settings to accommodate overheating and overcooling, or incorrect humidity. Instructions shall include an explanation of components which should not be tampered with or control settings which should not be changed except by authorized personnel of the Control Manufacturer. Thermostat keys shall be turned over to the Owner.

D. Relative to the air conditioning system, instruct the Owner's operating personnel in the

following:

1. Removal of service access panels from equipment. If special tools are required, turn over to the Owner at last one set.

2. Method of removing air filters. 3. Method of cleaning permanent type air filters. 4. How to drain and fill all piping and equipment. 5. How to vent air from the system. 6. Location of concealed valves, traps, air splitters, automatic valves and dampers,

etc., requiring periodic maintenance and location of access to them.

E. Provide (2) two copies of operating and maintenance manuals. Manuals shall be bound in large ring, loose-leaf binders and contain the following:

1. Manufacturer's instructions and/or installation manual. 2. Manufacturer's service manual. 3. Manufacturer's lubrication chart listing types of lubricant to be used on each item

of equipment and recommended frequency of lubrication. 4. Electrical diagrams of each equipment "packaged" control system. 5. Diagrams of automatic temperature control systems, identifying each item by

name, location and number showing sequence of operation. Each component of a control system shall be identified. All diagrams shall be up-to-date, reflecting any on-the-job changes.

6. Parts lists and identifying part numbers with prices of each part. The name and address of the nearest distributor from which parts can be obtained.

1.7 WARRANTY

Contractor shall warrant all workmanship, material, equipment systems etc., provided by him for a period of one year after substantial completion of the project. This warranty means that Contractor shall make good to the Owner, at no cost, any defects that become apparent during the year following substantial completion. This warranty is in addition to any other guarantees or warranties and is not intended to limit such other guarantees or warranties.


1.8 DEFINITIONS

The following words and phrases as used herein are hereby defined:

A. "Provide": Furnish and install all material and labor required for a complete installation ready for operation in accordance with the intent of the Contract Documents.

B. "As required": Indicates that the Contractor shall perform the work or provide the

material as indicated in accordance with manufacturer's installation instructions; and in accordance with applicable codes or regulations; and in a workmanlike manner as defined by good local practice.

C. "Or equal": Indicates that the Contractor may substitute equipment by another

manufacturer if the features of the equipment indicated by manufacturer's name and/or described are, in the judgment of the Architect/Engineer, adequate. Submittals for approval are required where indicated.

D. "Contractor": Where the word "Contractor" is used, then refer to the Contractor

engaged to execute the work under this division of the specifications only, even though he maybe technically described as a sub-contractor.

E. "Intent of the Contract Documents": The specific intent of these documents is to provide

to the Owner, in a thoroughly functional condition, all the various systems, equipment, etc., indicated herein. Final authority over interpretation of the "intent" shall rest with the Architect/Engineer.

F. "Shall": Indicates a mandatory requirement.

1.9 INSPECTION OF THE SITE

A. The drawings are prepared from the best information available and reflect all conditions commensurate with this information. However, the contractor should visit the site prior to submitting a proposal and should verify the locations, sizes, depths, pressures, etc., of all existing utilities and familiarize himself with working conditions, hazards, existing grades, soil conditions will impair the proper operation of the utilities, the Architect/Engineer should be notified in writing.

B. All proposals shall take these existing conditions and any revision required into

consideration. 1.10 CONSTRUCTION REQUIREMENTS

A. The Contractor shall be responsible for getting his material and apparatus into the building and shall carefully lay out his work at the site to conform to the structural conditions, to provide proper grading of lines, to avoid all obstructions and to conform to the details of the installation supplied by the manufacturer of the equipment to be installed. Furnish all necessary pipe lines and control lines whether indicated on the drawings or not. The drawings do not give exact details as to elevations of pipe lines nor do they show exact locations of pipe to scale.

B. Piping elevations shall be handled by giving precedence to pipes which require a stated

grade for proper operation. Devices necessary for installation and support of pipes, and equipment(such as sleeves, inserts, etc.) shall be located and installed as the


construction progresses in order to allow completion of each phase of the work in the proper sequence.

C. Drawings showing the extent and arrangement of the work of a particular trade shall be

used together with drawings showing extend and arrangement of work of other trades to insure that the Contractor in laying out and installing his work shall do so in a manner such that the work of the several trades may progress in the most direct, workmanlike and harmonious manner.

D. The Contractor shall be responsible for the proper location and size of slots, holes or

openings in the building structure pertaining to his work, and for the correct location of pipe sleeves. The drawings indicate the extend and general arrangement of the various systems, but if any departures from these drawings are deemed necessary by the Contractor, detailed drawings and descriptions of these departures and a statement of the reasons therefore shall be submitted to the Architect/Engineer as soon as practicable.

No departures from the arrangements shown on the drawings shall be made without prior written approval of Architect/Engineer.

E. In general, piping and ductwork in finished areas of the building shall be run concealed

unless noted and directed otherwise. Should any conditions arise which would cause any piping or ductwork to be exposed in finished areas, it shall be immediately called to the Architect/Engineer’s attention. In unfinished spaces such as equipment rooms, all pipe and duct shall be run as high as possible, shall be run to a continuous grade and shall be grouped wherever it is feasible to do so.

F. Equipment shall be installed in such a manner to make oiling devices and parts requiring

service and maintenance readily accessible.

G. All pipe, duct, etc., shall be cut accurately to measurements established at the building and shall be worked into place without springing or forcing. All ducts and pipes run exposed in machinery and equipment rooms shall be installed parallel to the building planes except that the lines shall be sloped to obtain the proper pitch. Piping and ducts run above furred ceilings, etc., shall be similarly installed, except as otherwise shown. All pipe openings shall be kept closed during construction until the systems are closed with final connections.

H. The construction details of the building are illustrated on the Architectural and Structural

drawings. The trades shall acquaint themselves with the details before submitting their bid as no allowance will be made because of unfamiliarity with these details. For new construction, place all inserts to accommodate the ultimate installation of pipe hangers in the forms before concrete is poured and set sleeves in forms before construction. For existing construction, all required inserts shall be "drilled-in" and all openings required through concrete or masonry shall be "saw-cut" or "core drilled" with tools specifically designed for this purpose. Explosive or compression driven inserts shall only be allowed for use as approved by SMACNA and the manufacturer of these devices. All concealed lines shall be installed as required by the pace of the job to precede the general construction.

I. The mechanical plans do not give exact locations of outlet, fixtures, equipment items,

etc. The exact location of each item shall be determined by reference to the general plans and to all detail drawings, equipment drawings, roughing-in drawings, etc., by measurements at the building and in cooperation with other trades. Minor relocations


necessitated by the conditions at the site or directed by the Owner shall be made without additional cost to the Owner.

J. All oiling devices and all parts of equipment requiring adjustment shall be easily

accessible. Equipment shall be so located and installed as to permit convenient and safe maintenance and future replacement. The trade furnishing the equipment shall be responsible prior to ordering same in the event that equipment specified and/or approved is incompatible with this requirement.

1.11 SLEEVES

A. Each and every pipe and duct, regardless of material, which passes through a concrete slab, (except slab on grade), masonry wall, roof or other portion of the building structure shall be free from the structure and shall pass through a sleeve furnished and installed by the Subcontractor responsible for the work involved.

B. Above grade and dry location sleeves shall be constructed from 20 to 22 gauge

galvanized steel and shall be flush on both sides of wall surface penetrated. The sleeves shall be sized to allow free passage of the pipe to be inserted, and when this pipe is to be insulated, the sleeves shall be large enough to pass the insulation. Floor sleeves located in pipe chases shall extend up two inches (2") above the floor slab.

C. Sleeves passing through walls or floors on or below grade and/or in moist areas shall be

constructed of galvanized steel, schedule 40 pipe and shall be designed with suitable flange in the center of the floor or wall to form a waterproof passage. After the pipes have been installed in the sleeves, void space around the pipe shall be caulked to insure a waterproof penetration. Fire ratings of rated walls and floors shall be maintained by the use of approved materials.

1.12 ISOLATION

A. Transmission of perceptible vibration, structure-borne noise, or objectionable air borne noise to occupied areas by equipment installed under this contract will not be permitted.

B. The isolation supplier shall be a firm or individual capable of dealing effectively with

vibration and noise characteristics, effects and criteria and have facilities and capabilities for measuring and evaluating such disturbances and the preparation of drawing and installation instructions.

1.13 CONSTRUCTION SAFETY

Contractor assumes all responsibility regarding the safety of his personnel on the project during construction. The Contract Documents do not include materials, procedures, components, etc., required to insure construction safety. Refer to General Conditions and Supplementary General Conditions for additional information.

1.14 DAMAGE

A. Contractor shall be responsible for damage to project caused by Contractor's failure to recognize hazards associated with items such as leaks, scheduling of work, inexperienced workmen, excessive cutting, etc.

B. Contractor shall repair, at no expense to the Owner, any such damage to the satisfaction

of the Owner.


C. Contractor shall familiarize himself with working conditions to the extent that he shall be

responsible for damage to concealed piping, wiring and other equipment to remain and shall repair any damage caused by his negligence at no cost to the Owner.

1.15 FLOOR, CEILING AND WALL PLATES In addition to the requirements of the above referenced portions of this specification, all

Subcontractors shall furnish a chromium plated sectional escutcheon in each finished space on each pipe of hanger rod penetrating a wall, floor or ceiling. Escutcheons shall be sized to fit snugly to all lines and where the lines are insulated, the escutcheons shall be fit snugly over the insulation. Where required, these plates shall be provided with set screws so that they fit snugly against the finished surface. All equipment rooms are classified as finished space.

1.16 SAFETY GUARDS

Contractor shall furnish and install all safety guards required. All belt driven equipment, projecting shafts and other rotating parts shall be enclosed or adequately guarded.

1.17 STORAGE OF MATERIALS

Each Contractor shall provide space for storage of materials, equipment or tools at ground level. Any storage contemplated within the building will be allowed only upon specific approval of the Architect/Engineer.

1.18 LOCAL CUSTOMS

Each Sub-contractor shall comply with local customs as to which particular trade shall install any part or parts of any work or equipment specified herein.

1.19 MANUFACTURER'S DIRECTIONS

The manufacturer’s published directions shall be followed in the delivery, storage, protection, installation, piping and wiring of all equipment and material. The Contractor shall promptly notify the Architect/Engineer in writing of any conflict between the requirements of the contract documents and the manufacturer’s directions and shall obtain the Architect/Engineer's instructions before proceeding with the work. Any such work performed that does not comply with the manufacturers' directions shall have deficiencies corrected at no cost to the Owner.

PART 2—PRODUCTS

2.1 MATERIALS

All materials shall be new and free from defects at the time of installation. Materials or equipment damaged in shipment or otherwise damaged prior to installation shall not be repaired at the job site, but shall be replaced with new materials.

2.2 MANUFACTURER'S REQUIREMENTS

When a manufacturer's name appears in these specifications, it is not to be construed that the manufacturer does not have to meet the full requirements of the specifications or that his standard cataloged item will be acceptable.


2.3 SERVICE AND REPAIR PARTS

All equipment installed on this project shall have local representation, local factory authorized service, and a local stock of repair parts.

2.4 FLAME SPREAD PROPERTIES OF MATERIALS

All materials and adhesives used for air conditioning filters, acoustical lining, and insulation shall conform to NFPA and UL life, safety and flame spread properties of materials. The composite classifications shall not exceed 25 for a flame spread rating and 50 for a smoke developed rating for these classifications as listed for the basic materials. The finishes, adhesives, etc., specified for each system and shall be such when completely assembled.

2.5 ACCESS PANELS

Provide flush mounted metal access panels and frames with concealed hinges and key actuated locks for all concealed and otherwise inaccessible valves, parts, fittings, equipment, filters, etc. and as required for inspection or service.

PART 3—EXECUTION

3.1 WORKMANSHIP

A. All work shall be done by experienced craftsmen skilled in the applicable trade.

B. Unprofessional and incomplete work shall be rejected and corrected at no additional expense.

3.2 PROTECTION OF EQUIPMENT

A. The Contractor shall continuously maintain adequate protection of stored materials and installed equipment. Fixtures and equipment, whether located inside or outside, shall be tightly covered with sheet polyethylene or waterproof tarpaulin as protection against dirt, rust, moisture and abuse from other trades. Adequate air circulation shall be provided under any protective sheet to prevent condensate build up.

B. Materials and equipment shall not be stored directly on the ground. Ductwork, piping

and equipment shall not be used by other trades as supports for scaffolds or personnel. At the completion of the work, equipment, fixtures, exposed supports and piping shall be cleaned of loose dirt, construction debris, over spray, etc., to the satisfaction of the Architect/Engineer. Repairs made necessary by damage shall be paid for by the Contractor.

3.3 PROTECTION OF STRUCTURE

Contractor in performing his work shall take particular care not to damage the structure. All finished floors and step treads shall be covered to prevent any damage by workmen or their tools and equipment during the construction of the building. In addition, each Contractor shall protect any materials on the job site whether a part of this contract or the property of another Contractor.


3.4 FOUNDATIONS Equipment shall be set in place on the bases, leveled and aligned by means of shims, piped,

then grouted in, in that order. After grouting, the forms shall be removed and the surfaces of the foundation shall be hand-rubbed with carborundum. Concrete work shall conform to the requirements of General Specifications, Concrete Work, of this specification.

3.5 CONFLICTS, INTERFERENCES AND COORDINATION BETWEEN TRADES

A. The drawings are not to be construed as shop drawings, but indicate the extent, general location, arrangement, etc., of piping systems and equipment.

B. Each trade shall coordinate its work with that of the other trades. Piping interference

shall be handled by giving precedence to pipe lines which require a stated grade for proper operation. Where space requirements conflict, the following order of precedence shall be observed:

1. Building lines 2. Structural members 3. Soil and drain piping 4. Vent piping 5. Refrigerant piping 6. Condensate piping 7. Supply ductwork 8. Exhaust ductwork 9. Domestic water 10. Electrical conduit 11. Natural gas piping

C. In the event of conflicts between specifications and drawings, drawings shall take

precedence over specifications except in matters pertaining to quality, applications, and coordination between trades, which shall be governed by specifications.

D. In the event of conflict between codes, as interpreted by the authority having jurisdiction

and the contract documents, the codes shall govern.

E. In the event of conflict between manufacturer's installation instructions and the drawings, the manufacturer's installation instructions shall govern.

3.6 CUTTING AND PATCHING

A. Contractor shall not cut any structural element or any finished work without permission from the Architect/Engineer.

B. Contractor shall cut and patch all paving as required by the installation of buried piping,

including utilities. 3.7 CONCRETE WORK

All forming, reinforcing and concrete as indicated such as equipment bases, plumbing stack support pads, grease interceptors, catch basin and headwalls, shall conform to applicable portion of Division 3 CONCRETE.


3.8 PAINTING

A. All exposed piping, equipment, etc., shall be left clean and free from rust or grease and ready for the paint.

B. Where equipment finishes are damaged, Contractor shall obtain matching color touch-up

paint from the equipment's manufacturer and paint as required. 3.9 LUBRICATION

Contractor shall provide all lubricants for the operation of all equipment until acceptance. The Contractor shall be required to protect all bearings during the installation and shall thoroughly grease steel shafts to prevent corrosion. All motors and other equipment shall be provided with covers as required for proper protection during construction. All equipment bearings requiring periodic lubrication shall be provided with proper fittings for this purpose. Where equipment requiring such lubrication is not readily accessible due to location, copper tubing extensions shall be provided in addition to lubrication fittings.

3.10 ELECTRICAL WORK

The electrical design and drawings are based on the equipment scheduled and shown on the drawings and should any mechanical equipment requiring changes to the electrical design be approved, the required electrical changes shall be made at the expense of the trade furnishing the changed equipment and at no cost to the Owner.

3.11 EQUIPMENT CONNECTION

Contractor shall bring required services to equipment items furnished under other sections of this specification or by the Owner, Make final connections, and leave equipment ready for operation. Where it is necessary for Contractors performing work covered by this section to make final connections to items of equipment being furnished by Contractors under other sections, all such work shall be performed in a neat and workmanlike manner and all materials shall be of quality and finish normally used for such installation.

3.12 OPERATING PRIOR TO COMPLETION

When any piece of mechanical or electrical equipment is operable and it is to the advantage of the Contractor to operate the equipment, he may do so providing that he properly cleans the equipment, installs clean filter media, properly adjusts and completes all punch list items before final acceptance by the Owner. The date of acceptance and the start of the warranty may not be the same date.

3.13 EQUIPMENT AND ARRANGEMENTS

All equipment shall be installed in a manner to permit access to all surfaces requiring access. All valves, motors, drives, lubrication devices, filters and other necessary items shall be installed in a position to allow removal for service without disassembly of another part.

3.14 EXECUTION OF WORK

The Contractor shall plan, schedule and execute his work and that of any of his Subcontractors so as not to interfere with the work of other trades or Contractors in the building or on the premises.


3.15 FLASHING AND WATERPROOFING

All building penetrations to outside shall be flashed and counter flashed as required to eliminate leaks.

3.16 TESTS

All tests shall be made by Contractor and repeated until approved by the Architect/Engineer. Piping systems shall not be covered or otherwise concealed until tests have been made and approvals obtained. Notify the Architect/Engineer four days prior to tests to allow for scheduling. Test the piping systems as indicated in applicable articles.

3.17 FINAL OBSERVATIONS It shall be the duty of the Contractor to make a careful inspection trip of the entire project,

assuring himself that the work on the project is ready for final acceptance, before calling upon the Architect/Engineer to make a final observation.

3.18 DEMOLITION AND SALVAGE

A. Where demolition of equipment or materials is required Contractor shall minimize cutting and exercise all due caution to leave undamaged surfaces, material and equipment meant to remain.

B. All existing items that are to be removed shall remain the property of the Owner unless

declared as unsalvageable. Unsalvageable materials shall become the property of the Contractor and be removed from the site. Items declared as Owner's property shall be neatly stored on the site as directed by the Owner.

END OF SECTION

GLS 10/16 15488-1 NATURAL GAS PLUMBING

SECTION 15488

NATURAL GAS PLUMBING

PART 1—GENERAL

1.1 DESCRIPTION

This Section governs for natural gas piping inside buildings and service line to building.

PART 2—PRODUCTS

2.1 Building Piping - Natural gas piping shall be Schedule 40 Black Steel Pipe with 150 lb.

malleable iron screwed fittings. 2.2 Service Line - For underground service gas piping may be polyethylene approved by Southern

Standard Gas Code for Gas Service. Gas Service lines to be isolated from gas distribution by means of insulating couplings or insulated flanges located above grade where service enters the building.

2.3 Fittings - Fixture supplies, stops and fittings shall be brass. 2.4 Equipment Connections - Unions or flexible couplings shall be used at points of connection to

equipment.

PART 3—EXECUTION

3.1 Above Ground Exposed Piping - Gas piping located outside and above ground shall be cleaned

and painted with one coat of zinc rust primer and one coat of finish coat of aluminum base paint. 3.2 Below Ground Steel Piping - Wrap with approved material designed for such purpose. 3.3 Testing - Air test completed line to requirements of gas utility and State and Local Codes. 3.4 Care should be taken to keep the inside of piping dry and free of dirt, cutting burrs and other

foreign substances. All threaded piping shall be reamed smooth after cutting and shall be threaded with true, sharp dies to insure a proper joint make-up.

3.5 All equipment connection shall be preceded by a manual stop cock, union, and 12" drip leg. 3.6 <S> Underground gas piping, if approved by local code, may be yellow polyethylene plastic pipe

per API 15LE ASTM D-2513 with fusion joints equal to PPI PE 2406 in lieu of wrapped black steel pipe.

END OF SECTION

GLS 501126 16100-1 ELECTRICAL SERVICE AND DISTRIBUTION

SECTION 16100

ELECTRICAL SERVICE AND DISTRIBUTION

PART 1—GENERAL

1.1 DESCRIPTION

This section governs for furnishing, installing, testing and placing in service electrical systems.


A. Comply with all National Electrical Code (NEC) requirements, local ordinances, and State and Federal regulations as applicable to this project.

B. Manufacturer - Furnish products of manufacturers named unless otherwise approved.

1.3 STORAGE AND HANDLING

Maintain materials and equipment in like-new condition. Prevent accumulation of construction dirt and excess condensation.

1.4 INSPECTIONS AND TESTS

A. Pre-Energization and Operating Tests – The complete electrical system shall be performance tested when first installed on-site. Each protective, switching, and control circuit shall be adjusted in accordance with the recommendations of the protective device study and tested by actual operation using current injection or equivalent methods as necessary to ensure that each and every such circuit operates correctly to the satisfaction of the authority having jurisdiction.

1. Instrument Transformers – All instrument transformers shall be tested to verify correct

polarity and burden. 2. Protective Relays – Each protective relay shall be demonstrated to operate by injecting

current or voltage, or both, at the associated instrument transformer output terminal and observing that the associated switching and signaling functions occur correctly and in proper time and sequence to accomplish the protective function intended.

3. Switching Circuits – Each switching circuit shall be observed to operate the associated equipment being switched.

4. Control and Signal Circuits – Each control or signal circuit shall be observed to perform its proper control function or produce a correct signal output.

5. Metering Circuits – All metering circuits shall be verified to operate correctly from voltage and current sources, similarly to protective relay circuits.

6. Acceptance Tests – Complete acceptance tests shall be performed, after the station installation is completed, on all assemblies, equipment, conductors, and control and protective systems, as applicable, to verify the integrity of all the systems.

7. Relays and Metering Utilizing Phase Differences – All relays and metering that use phase differences for operation shall be verified by measuring phase angles at the relay under actual load conditions after operation commences.

B. Test Report – A test report covering the results of the tests required in NEC 225.56(A) shall

be delivered to the authority having jurisdiction prior to energization.


1.5 ELECTRICAL SERVICE

A. Contractor shall be responsible for coordination of temporary and permanent electrical services with Electrical Delivery Provider prior to construction.

B. All cost associated with providing permanent electrical service to site from the Electrical Delivery Provider shall be submitted in writing to Architect prior to construction for review.

C. Contractor shall verify exact requirements from Electrical Delivery Provider and provide

same. This shall include but not be limited to meter and meter location, underground conduit materials and construction, overhead materials and construction, conductors, service poles, and connections to transformer and meter.

D. Contractor shall verify requirements of the Electrical Delivery Provider for CT metering.

Electrical service when CT meter is installed shall be terminated at main fused disconnect or main distribution panel as indicated on plans.

PART 2—PRODUCTS

2.1 ELECTRICAL

A. Conductors - To be copper unless otherwise specified and of size and type to conform to the requirements of National Electric Safety Code for loading and location

B. Switches and Controls - To be the size specified and comply with the National Electric

Manufacturers Association (NEMA) standards. Devices, controls and material shall be subject to applicable codes and regulations. Deviation from plans and specifications shall have the prior approval of the Engineer.

C. Conduit-Outdoor

1. Underground and Under Foundations and Slabs - Schedule 40 electrical grade PVC for

horizontal runs. At stub-ups from underground, install galvanized heavy wall rigid steel (UL) for the last three feet of horizontal run, radius, and vertical riser, unless noted otherwise. Install 9” wide yellow “Electrical Warning” tape 6” directly above underground conduit.

2. Outdoor Exposed – Galvanized heavy wall rigid steel (UL) conduit.

D. Conduit-Indoor - Inside buildings, covered or protected areas use Electrical Metallic Tubing (EMT) conduit.

E. Flexible Conduit - "Sealtite," type US, by American Brass Company or Anaconda.

F. Conduit Fittings - Crouse-Hinds, Appleton, or Killark. Unless noted otherwise, provide

setscrew connections and couplings.

G. Electrical Panels - Plug-in type circuit breakers with capacity as required. Approved Manufacturers: G.E., Westinghouse, Cutler-Hammer, Square-D, Allen-Bradley, or I-T-E.

H. Indoor Receptacles - Heavy Duty, 20A min. “specification” grade, with wiring clamps with

large head screws for positive clamping of wiring for back and side wiring method, equal to Hubbell 5362. Finish to match existing receptacles where applicable. Finish per Architect for new construction.


I. Switches - Heavy Duty, 20A min. “specification grade,” equal to Hubbell 1221. Where show

on plans 3-way switches shall be Heavy Duty, 20A min. “specification grade,” equal to Hubbell 1223. Finish to match existing switches where applicable. Finish per Architect for new construction.

J. Outdoor Receptacles - Weatherproof spring cover and conduit box (code approved) with

GFCI protection.

K. Photoelectric/Timer Lighting Controls

1. Photocells a. Photocells to be U.L. listed and electronic. b. Load capacity to be 1800 VA minimum but not less than 125% of load including

power factor correction. c. Photocells to have integral surge/lightning protection. d. Photocell to have delay action to prevent de-energizing load due to light from

headlights or lightning. e. Acceptable brand names include: Tork, Paragon, & Intermatic. Photocell brand to

match timer brand. 2. Timers

a. Timers to be U.L. listed and mechanical. b. Load capacity to be rated at a minimum of 125% of load including power factor

correction. c. Timer to provide 24-hour control. Provide one ON and one OFF tripper; timer to be

capable of at least 3 on/off operations by adding additional trippers. d. Provide manual override. e. Acceptable brand names: Tork, Paragon, & Intermatic. Timer brand to match

photocell brand. 3. Installation – Install all controls per manufacturer’s recommendations.

a. Relays can be eliminated if contacts are rated for the actual load. b. Do not use latching contactors. c. Mount photocells in an upright position facing toward natural light and away from

artificial lights, tree shadows, and building shadows.

PART 3—EXECUTION

3.1 GENERAL

A. Install all equipment and materials in accordance with recommendations of each equipment manufacturer.

B. Space allocations and utility rough-ins have been designed on the basis of equipment items

named by manufacturer and model number. If any equipment not so named is offered which differs substantially in dimensions or configuration from the named equipment, provide scaled shop drawings showing that the substitute can be installed in the same space available without interfering with other trades or with access for operation and maintenance in the completed project. The Installer shall coordinate final rough-in locations with actual equipment furnished.

C. Use only workmen skilled in this type of work.


3.2 INSTALLATION

A. CONDUIT

1. Steel Conduit Installation Practices: AISI Handbook "Steel Electrical Raceways" for steel.

2. Sleeves through footings for exterior runs to be "OZ" Series FSK, WSK, G and W, or 3M. 3. Exposed raceways to be installed parallel or perpendicular to walls, structural members

of intersections, or vertical planes and ceilings. 4. Screw clamp backs to be used with conduits run on walls or ceilings. 5. Place an approved (OZ, Crouse-Hinds, Appleton) expansion fitting where crossing

building expansion joints. 6. Install 9” wide yellow “Electrical Warning” tape 6” above outdoor buried conduit.

B. WIRE AND CABLE

1. Size - Type THHN or THWN stranded, 75ºC min. not smaller than No. 12 AWG, except control wire to be as required by the manufacturer. No. 12 AWG may be stranded or solid.

2. Branch circuit grounding conductors in conduit to be insulated unless otherwise noted. 3. Color coding - In accordance with NEC for color code control wires. 4. Connections and Splices in Dry Locations - For circuits loaded at less than 600 Volts

AC, pressure connectors may be used (except for motors). Use compression lugs at motor terminals. Use compression sleeves for splices of No. 8 AWG and larger. Use electrical spring connectors (Scotchlock or 3M) for connections and wire joints in lighting and receptacle outlet boxes, and control junction boxes with terminal strips. Maximum wire size No. 8 AWG for spring connectors. Cover all splices, joints, and free ends of conductors with insulation equivalent to that of conductors or with insulating device suitable for the purpose.

C. PANELS

1. Top operating handle not to exceed 6 feet and 6 inches from finished floor. 2. Label all circuits on director card with embossing tape prior to job completion. 3. Three layer laminated nameplates shall be 3/32” inch thick, lengths as required to

accommodate lettering, and in ¾” and 1 ¼” widths. Each plate shall have adhesive backing with pull-apart resistance of at least 100 PSI and be attached to panels with screws. Plates shall be laminated type with black background and white letters.

4. All sub panels shall have nameplate installed inside panel door stating the panel it is powered from.

D. FLEXIBLE CONDUIT CONNECTIONS

Minimum of 2 feet to be provided for equipment subject to vibration or movement and to all motors. Arrange to facilitate motor removal.

E. DISCONNECT SWITCHES

1. Unless noted otherwise provide non-fused disconnect switches for all outside

equipment, including but not limited to, air conditioning condensing units and roof-mounted exhaust fans.

2. Provide local disconnect for all appliances as required by NEC not within 50ft and line-of-sight of associated circuit breaker.


3.3 PROTECTIVE DEVICE TIME-CURRENT COORDINATION ANALYSIS ARC-FLASH STUDY

A. Provide arc-flash labeling in accordance with NEC 110.16. Provide verification or recalculate the maximum available fault current as necessary to ensure the service equipment ratings are sufficient for the maximum available fault current at the line terminals of the equipment in accordance with NEC 110.24. The required field markings shall be adjusted to reflect the new level of maximum available fault current. Field markings shall be of sufficient durability to withstand the environment involved. Coordinate with Owner for additional requirements in regards to protective device time-current coordination analysis arc-flash study.

END OF SECTION

GLS 501126 16500-1 LIGHTING

SECTION 16500

LIGHTING

PART 1—GENERAL

1.1 SCOPE

A. Work of this Section shall include the following items:

1. Interior LED 2. Exterior LED 3. Emergency Lighting System

1.2 SUBMITTALS

A. Submittals that deviate or substitute products or items differing from those specified shall provide cut sheets of both the specified item and the proposed substitution for product comparison. Submittals not following this procedure will not be reviewed.

PART 2—PRODUCTS

2.1 LIGHTING FIXTURES AND LAMPS

A. Provide fixtures including interior and exterior fixtures and emergency battery pack type fixtures as indicated on the plans and described in the schedule.

B. All battery packs supplying emergency lighting fixtures shall be capable of sustained operation for at least 90 minutes without any degradation in performance and without going into deep cell discharge.

1. When the fixture is powered by the battery pack, at least one third of the normal

light output of one lamp shall be available for emergency lighting. Unless otherwise noted on the plans only one lamp shall be available for emergency lighting.

2. All emergency lights shall have a lighted push-to-test button clearly visible and accessible.

3. All battery packs shall be NICAD unless noted otherwise on the plans.

C. Fixtures shall be complete with lamps as indicated, ballasts, internal wiring, drivers, transformers, brackets, fittings, lenses, louvers, guards, reflectors, pole supports and accessories as required, indicated or detailed.

D. Fixture make and model is shown on the lighting schedule in the drawings, and are typically

shown as by Cooper Lighting. Acceptable alternative brands for these are Lithonia and Hubbell/Prescolite. Other brand substitutions shall be by Architects approval only and may require submission samples.

E. Provide a transformer/driver for LED lights that meets the manufacturer’s requirements.

Verify with the manufacturer the minimum and maximum number of fixtures that can be powered from a single transformer/driver so as to provide stable, flicker-free operation and long life.

GLS 501126 16500-2 LIGHTING

PART 3—EXECUTION

3.1 LIGHTING FIXTURES

A. Installation methods for each fixture shall be as indicated or detailed and as recommended by the fixture manufacturer for the application. Supports such as mounting brackets, hangers, clamp, etc., shall be provided in the best practical manner consistent with good workmanship and appearance.

B. Any fixture damaged during construction prior to final acceptance of the project shall be

replaced or repaired to the satisfaction of the Engineer.

C. Contractor shall note architectural finish schedules and existing conditions and furnish proper mounting accessories or trim as required to properly mount each fixture type.

D. Recessed fixtures shall be provided with mounting frames or rings and shall finish flush to

the ceiling without light leaks. Fixtures shall be connected by means of 3/8" flexible metal conduit (max 6'-0" length) from outlet boxes mounted above or alongside the fixture. “Daisy-chaining” will not be permitted

E. Fixtures exposed to outdoor temperatures shall be rated for 0 degree Fahrenheit operation.

3.2 CLEANING AND INSTALLATION

A. All fixtures shall be connected to j-box with a maximum 2’ length of flexible conduit. Through conduit connections and daisy chaining shall not be allowed.

END OF SECTION


EXHIBIT F UNIFORM GENERAL

CONDITIONS AND

SUPPLEMENTARY GENERAL CONDITIONS

This page is intentionally left blank

Uniform General Conditions for

Construction Contracts

2015

Table of Contents

Article 1. Definitions ..................................................................................................................................... 5

Article 2. Wage Rates and Other Laws Governing Construction .................................................................. 9

Article 3. General Responsibilities of Owner and Contractor ..................................................................... 12

Article 4. Historically Underutilized Business (HUB) Subcontracting Plan ................................................ 20

Article 5. Bonds and Insurance .................................................................................................................... 22

Article 6. Construction Documents, Coordination Documents, and Record Documents ............................ 29

Article 7. Construction Safety ..................................................................................................................... 31

Article 8. Quality Control ............................................................................................................................ 33

Article 9. Construction Schedules................................................................................................................ 39

Article 10. Payments .................................................................................................................................... 44

Article 11. Changes ..................................................................................................................................... 49

Article 12. Project Completion and Acceptance .......................................................................................... 53

Article 13. Warranty and Guarantee ............................................................................................................ 58

Article 14. Suspension and Termination ...................................................................................................... 60

Article 15. Dispute Resolution ..................................................................................................................... 63

Article 16. Miscellaneous ............................................................................................................................ 64

2015 Uniform General Conditions

5

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


6

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


7

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


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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


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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.


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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).


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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


EXHIBIT G PREVAILING WAGE

RATES


MINIMUM WAGE RATE DETERMINATION

Stephen F. Austin State University (SFA) is the contracting agency for this construction

project. The following statute requires the contracting agency to specify the general

minimum rates of wages in contracts that are bid.

Government Code 2258 “Construction of Public Works in State and

Municipal or Political Subdivisions; Prevailing Wage Rates to be

maintained”; and

The Uniform General and Supplementary General Conditions for Stephen

F. Austin State University Construction Contracts.

Pursuant to the requirements of this statute, SFA has determined that the attached

rates of wages are paid to various classifications of workers in Nacogdoches County.

Total hourly compensations to each worker must equal or exceed the minimum wage

rates stated in the “2015 SFA Prevailing Wage” attachment, Total Column.

Contributions by worker toward health, pension, vacation, and the like are part of the

worker’s pay; contributions by the employer are not. Any dollar amounts shown in the

column titled “Fringe” may be paid either in cash or in kind. Workers in classifications

where rates are not identified shall be paid not less than the minimum rate of “General

Laborer”.

All hours of work over 40 hours per week are overtime and will be compensated at the

rate of 1 and ½ times the regular wage.

A contractor who violates these prevailing wage rules shall be required to pay to SFA

$60 for each worker employed for each calendar day or part of the day that worker is

paid less than the wage rates stipulated by the contract.

Wage Rate Determination Appeal procedures can be found on the SFA website,

http://www.sfasu.edu/purchasing/721.asp.

Worker Wage Rate Form

This form shall be used by all construction managers, contractors, sub-contractors engaged in the execution of SFA construction contracts in accordance with the Prevailing Minimum Wage Rate guidelines and the Uniform General and Supplementary Conditions. This completed notice must be delivered to the Physical Plant and accepted by all workers involved in the project prior to substantial completion or with pay applications. The employer shall submit separate Worker Wage Rate Forms for workers engaged in multiple classifications.

Physical Plant Project No. _____________________ Project Name__________________________________________

SECTION 1

Print entire form.

Employee Name: _________________________________________________________________________

Employer Name: _________________________________________________________________________

Worker Classification is shown on Prevailing Wage Rate Schedule: Yes No

Worker Classification: __________________________________________________________________ (Refer to Minimum Prevailing Wage Rate schedule contained within the Agreement for the project.)

Hourly Rate

SFA Minimum Prevailing Wage Rate: $_________

Actual Wage Rate: $_________

Actual Employer Fringe Benefit Rate: $_________

(Contributions by a worker toward health, pension, vacation and the like are a part of the Actual Wage Rate contributions by the Employer shown below.)

As the Employee Named Above, I hereby acknowledge receipt of this notice and by my signature below indicate my agreement with both the Classification of work I have been assigned on this project and to the proposed wages to be paid to me for such work. Employee Signature: _______________________________________________ Date: _______/_____/________

SECTION 2

To the “Actual Wage Rate” above, the Employer shall indicate the total of all labor burden costs, Federal and State Unemployment, Social Security, Medicare, Health Insurance and Retirement. (Burden does not include per diem, travel expense, small tools or other items. For clarification of items not listed contact Physical Plant Department, Construction Services.) Hourly Burden Cost $____________ Total Hourly Rate Total Hourly Rate for Contract: Actual Wage Rate + Hourly Burden Cost $____________ Employer Signature or Seal: _____________________________________________ Date: _______/_____/________

January 14, 2016 – Revised 0

2015 SFA Prevailing Wage Rate

Craft /Classification Base Fringe TotalGlass Glazier $12.00 $0.00 $12.00

Glass Common Laborer/Helper $8.00 $0.00 $8.00

HVAC Journeyman Technician $16.75 $0.00 $16.75

HVAC Common laborer/Helper $9.00 $0.00 $9.00

Fencing Journeyman Installer $14.00 $0.00 $14.00

Fencing Common Laborer/Helper $9.00 $0.00 $9.00

Exavating/Dirtwork Backhoe Operator $13.00 $0.50 $13.50

Exavating/Dirtwork Bulldozer Operator $14.00 $0.00 $14.00

Exavating/Dirtwork Front End Loader Operator $12.00 $0.00 $12.00

Exavating/Dirtwork Trackhoe Operator $14.00 $0.00 $14.00

Exavating/Dirtwork Truck Driver $13.00 $0.00 $13.00

Exavating/Dirtwork Common Laborer/Helper $11.00 $0.00 $11.00

Asbestos Abatement Common Laborer/Helper $10.00 $0.00 $10.00

Concrete Finisher $12.50 $0.00 $12.50

Concrete Common Laborer/Helper $10.00 $0.00 $10.00

Roofing Journeyman $16.00 $0.00 $16.00

Roofing Common Laborer/Helper $13.00 $0.00 $13.00

Insulation Insulator $12.00 $0.00 $12.00

Insulation Common Laborer/Helper $10.00 $0.00 $10.00

Drywall/ Metal Stud Installer $14.00 $0.00 $14.00

Drywall Common Laborer/Helper $10.00 $0.00 $10.00

Landscaping Journeyman $12.00 $0.00 $12.00

Landscaping Foreman $16.00 $2.51 $18.51

Landscaping Service Technician $17.00 $2.67 $19.67

Landscaping Common Laborer/Helper $10.00 $0.00 $10.00

Millwork Cabinet Maker $16.00 $2.03 $18.03

Millwork Apprentice Carpenter $15.00 $0.00 $15.00

Millwork Journeyman Carpenter $16.00 $0.00 $16.00

Millwork Common Laborer/Helper $9.00 $0.00 $9.00

Site Utilites Foreman $18.00 $0.00 $18.00

Site Utilities Equipment Operator $12.00 $0.00 $12.00

Site Utilities Truck Driver $11.25 $0.00 $11.25

Site Utilities Journeyman $11.00 $0.00 $11.00

Site Utilities Common Laborer/Helper $8.50 $0.00 $8.50

Electrical Journeyman Electrician $21.00 $0.00 $21.00

Electrical Common Laborer/Helper $12.00 $1.17 $13.17

Plumbing Journeyman $20.00 $0.00 $20.00

Plumbing Apprentice $12.50 $2.50 $15.00

Plumbing Common Laborer/Helper $8.00 $2.00 $10.00

Acoustical Ceiling Journeyman Installer $13.00 $0.00 $13.00

Acoustical Ceiling Common Laborer/Helper $9.00 $0.00 $9.00

Painting Journeyman Painter $10.50 $1.37 $11.87

Lead Painter $13.00 $0.00 $13.00

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2015 SFA Prevailing Wage Rate

Craft /Classification Base Fringe TotalPainting Common Laborer/Helper $9.00 $0.00 $9.00

Steel Erection Journeyman/Iron Worker $18.00 $0.00 $18.00

Steel Erection Truck Driver $18.50 $0.00 $18.50

Steel Erection Ironworker ‐ Structural $20.00 $0.00 $20.00

Steel Erection Welder $15.00 $0.00 $15.00

Steel Erection Common Laborer/Helper $10.00 $0.00 $10.00

Flooring Journeyman Installer $13.88 $2.19 $16.07

Floor Tile Setter $20.00 $0.00 $20.00

Floor Layer $18.00 $0.00 $18.00

Flooring Common Laborer/Helper $9.00 $0.00 $9.00

Mason $18.00 $0.00 $18.00

Masonry Common Laborer/Helper $8.50 $0.00 $8.50

Mason Tender $9.50 $0.00 $9.50

Asphalt/Paving Journeyman $25.00 $0.00 $25.00

Asphalt/Paving Equipment Operator (Asphalt Pave $15.00 $0.00 $15.00

Asphalt/Paving Common Laborer/Helper $15.00 $0.00 $15.00

Asphalt/Paving Truck Driver $15.00 $0.00 $15.00

Plastering/EIFS Laborer (Tender) $11.00 $0.00 $11.00

Plastering/EIFS Journeyman $16.00 $0.00 $16.00

Plasterer $20.00 $0.00 $20.00

Fire Alarm Systems Low Voltage System Technicia $20.10 $3.29 $23.39

Fire Alarm Systems Low Voltage System Helper (La $12.00 $2.60 $14.60

Elevator Mechanic $37.33 $0.00 $37.33

Elevator Helper $18.67 $0.00 $18.67

Elevator Foreman $42.00 $0.00 $42.00

Technology/Network Installer $12.00 $3.00 $15.00

General Laborer $9.00 $0.00 $9.00

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