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transcript
REQUEST FOR PROPOSALS
(RFP)
Austin Community College District (ACC) invites qualified firms to submit proposals to provide drainage
improvements at ACC Round Rock Campus, Building 3000.
RFP No. 912-15014RW
Project: RRC.14.002
Proposals MUST be submitted to:
AUSTIN COMMUNITY COLLEGE DISTRICT
PURCHASING DEPARTMENT
ACC SERVICE CENTER
9101 TUSCANY WAY
AUSTIN, TX 78754
by no later than:
March 26, 2015; 2:00 p.m., Central Time
Late proposals will be retained by ACC.
Proposals will be publicly opened in the Purchasing Department at the time and place
indicated above. Bidders are encouraged to attend the bid opening.
Proposals may not be withdrawn for a period of fourteen (14) days subsequent to the date and
time for opening of proposals without consent of the Director of Purchasing.
ACC reserves the right to Accept or reject any or all proposals, in whole or in part, to waive informalities or
technicalities in the proposals, to clarify any ambiguities, and to award items or groups of items as may be in the
best interest of ACC.
NOTE: ACC Service Center offices will be closed for the College spring break from March
14, 2015 until March 22, 2015.
Friday, February 13, 2015
Anthony Owens Issue Date
Director, Purchasing and Materials Management
Page 2 Table of Contents
TABLE OF CONTENTS
Section Number Pages
Table of Contents 1
Section 00100 Notice to Prospective Respondents 1
Section 00200 Instructions/Information to Respondents 1-7
Section 00300 Requirements for Competitive Sealed Proposals 1
Section 00410 Proposal Form 1-3
Section 00420 Substitution Request Form 1
Section 00500 Agreement for Construction Contract 1-2
Section 00700 General Conditions 1-20
Section 00800 Supplementary General Conditions 1-3
Section 00810 Standard Insurance Requirements
for Use With Construction Proposals 1-2
Section 00850 Wage Rates 1-7
Section 00870 Respondent’s Disclaimer Statement 1
Section 00880 Sbe\Mbe\Wbe Information 1
Section 00890 Business Entity Information 1
Section 00900 Bonds 1-3
Section 00100 Page 1 Notice to Prospective Bidders
NOTICE TO PROSPECTIVE RESPONDENTS
Austin Community College plans modifications to its Round Rock Campus in Round Rock,
Texas. Insurance coverage naming ACC as an additional insured is mandatory.
http://www.austincc.edu/ehs/pdf/InsuranceRequirements.pdf
The Scope of the Work will include:
1) Trenching and installation of a new storm drainage line near building 3000 under a new
river rock lined collection trough. The storm drainage line will connect to new, regularly
spaced area inlet drains that will capture surface water in the trough.
2) Placement of new stainless steel grating to span the new trough at pedestrian cross points.
3) Installation of a new guardrail along sidewalk which runs parallel to the new trough
where it is open-faced.
4) Re-grading of paved concrete porches to re-establish positive drainage away from the
building using self-leveling concrete topping.
5) Replacing of 2 internal roof drain lines below grade that were originally undersized.
The estimated budget for this project is $250,000 – 300,000.
The RFP package is on the ACC Purchasing website at
http://www.austincc.edu/purchase/advertisedproposals.php. Interested parties may pick up
proposal packages from the Purchasing Department after Friday, February 13, 2015 at ACC
Service Center, 9101 Tuscany Way, Austin, TX 78754. Hours are Monday through Friday, 9AM
- 4PM. Additional information may obtained by calling Rodney Wheeler, ACC Construction
Buyer at (512) 223-1056.
Competitive Sealed Proposals will be received at the 9101 Tuscany Way until 2:00 pm,
Thursday, March 26, 2015. Proposals must be addressed to Austin Community College District,
9101 Tuscany Way, Austin, Texas 78754, Attn: RFP 912-15014RW. Proposals received after
that time will be retained unopened.
An optional Pre-Proposal Conference will be held at the project site on Thursday 2/26/15;
2:00pm; located at the Round Rock Campus, 4400 College Park Drive, Round Rock, TX 78665;
Building 3000, Room x3338, on the third floor. The Pre-Proposal Conference is optional for all
respondents. All respondents are encouraged to visit the place of work shown in the proposal
documents and attest to the same on the proposal form. All questions regarding the proposal
must be sent in writing to rwheeler@austincc.edu by no later than noon on March 11, 2015;
responses if required will be posted as an addendum to the Project Manual on the ACC webpage
http://www.austincc.edu/purchase/advertisedproposals.php on March 13, 2015, and a copy will
be forwarded to all local plan rooms.
Section 00100 Page 2 Notice to Prospective Bidders
Restrictions on Communications with College Staff
From the issue date of this Request For Proposal (RFP) until a contract is selected and
award is made, respondents may not communicate with any ACC administrator, faculty
or staff, regarding the subject matter of this RFP, except:
1 the ACC contact named above;
2 Director Procurement and Materials Management; or
3 others authorized in writing by the Purchasing Director.
If a violation of this provision occurs, ACC reserves the right to reject the proposal of the
offending respondent.
END OF NOTICE
Section 00200 Page 1 Instructions/Information to Bidders
SECTION 00200
INSTRUCTIONS / INFORMATION TO RESPONDENTS
INVITATION
COMPETITIVE SEALED PROPOSAL SUBMISSION
A. Proposals signed and under seal, executed and dated, addressed to the Owner and hand delivered
by an employee of the Prime Respondent, will be received by the Owner until March 26, 2015;
2:00pm, Purchasing Department, Austin Community College District, 9101 Tuscany Way,
Austin, Texas 78754.
B. Offers submitted after the above time will be retained by ACC unopened.
C. Amendments to the submitted offer will be permitted if received in writing prior to Proposal
closing and if endorsed by the same party or parties who signed and sealed the offer.
D. Respondents shall not undertake any activities, actions or contracts to promote or advertise their
proposals to the Board of Trustees of Austin Community College District except in the form of
general comments made to the public at large at any open meeting called by the Board of
Trustees. Violations of this provision will be grounds for rejection of the proposal. The
acceptance of proposals is subject to the discretion of the ACC Board of Trustees.
E. In accordance with ACC’s Board of Trustee’s Policy F-11 Conflicts of Interest.
The College President has rules to keep college resources from being inappropriately used for
personal gain. The rules shall forbid, in addition to activities forbidden by law, at least these
activities:
[1] the acceptance of significant personal gifts from College vendors.
[2] participation of authors in decisions about use of their textbooks by the College.
[3] employment of a person under the supervisory jurisdiction of a close relative.
[4] the provision of college business to College managers or Trustees, or to their immediate
family members. Provision of College business to firm in which such people have a substantial
interest (as defined by Chapter 171 of the Texas Local Government Code) shall also be forbidden
except when the President finds a compelling benefit for the College and the manager or Trustee
publicly recuses themselves from the decision.
[5] significant use of College facilities, resources, or duty time for activities for which an
employee is paid by anyone other than the College, except when such activities have been
approved in writing by an authorized supervisor and appropriate compensation is made to the
College.
[6] acceptance of compensation for referring students to vendors.
[7] resale of materials (e.g., textbooks) provided due to an employee’s role at the College.
The rules shall also establish procedures by which College officers, and other employees
when designated by the President, shall report any outside employment or paid consulting
work. The President shall annually report to the Board a summary of enforcement
activities associated with this policy.
WORK IDENTIFIED IN THE CONTRACT DOCUMENTS
Section 00200 Page 2 Instructions/Information to Bidders
Work contemplated by this proposed Contract includes: Conversion of an existing two-stop
freight elevator into a passenger elevator, as fully described in the Contract Documents.
CONTRACT TIME/SCHEDULE
E. Work shall be completed in accordance with the following schedule:
Proposal Packages Available: Friday, February 13, 2015
OPTIONAL Pre-Proposal Conference: Thursday, February 26, 2015, 2-3:30 pm
Proposal Due Date: Thursday, March 26, 2015
Review of Proposals: Friday, April 3, 2015
Award of Contract: Friday, April 10, 2015
Signed Contract and Notice to Proceed: Monday, May 4, 2015
Construction Start Date: Early May 2015
Construction Complete: Friday, July 3, 2015
NOTE: ACC Service Center offices will be closed for the College spring break from March
14, 2015 until March 22, 2015.
PROPOSAL DOCUMENTS AND CONTRACT DOCUMENTS
DEFINITIONS
F. Project Manual includes the following:
1. The Advertisement for Proposals
2. The Instructions / Information to Respondents
3. Proposal Form / Contractors Proposal and Attachments
4. The Agreement for Construction Contract
5. Performance/Bid/Payment Bonds
6. The General Conditions
7. The Supplementary General Conditions
8. The Schedule of Wage Rates
9. The Specifications and the Drawings
10. Modifications made as provided by the General Conditions
G. Proposal requirements (items to be enclosed in proposal envelope):
Proposal Form
Respondents Disclaimer Statement
Felony Conviction Notice
Standard Insurance Requirements for use with Construction Proposals Form
Safety Record Requirements of General Conditions, Clause 38
SBE/MBE/WBE Information
Business Entity Information
Bid Bond
Electronic File of the Original Submittal on DVD, CD or flashdrive
H. A Proposal, Offer, or Bidding is the Act of submitting an offer under seal.
Section 00200 Page 3 Instructions/Information to Bidders
I. The Proposal Price(s) is the (are)
Monetary lump sum of Proposal Items
J. Accepted Respondent - the Respondent chosen by the owner for the award of the Contract.
AVAILABILITY
K. Electronic copies of the project manual and drawings are available on the ACC Purchasing
webpage. Bonafide respondents may obtain a maximum of one (1) set of drawings and
specifications from Austin Community College, 9101 Tuscany Way, Austin, Texas, 78754.
Requests for drawings/specifications and questions pertaining to the contract documents shall be
directed to Rodney Wheeler at rwheeler@austincc.edu . Additional sets may be obtained for the
cost of reproduction. No partial sets will be issued.
L. Proposal Documents are made available only for the purpose of obtaining offers for this project.
Their use does not grant a license for other purposes. The Owner assumes no responsibility for
error or misinterpretation resulting from the use of incomplete sets of Proposal Documents.
EXAMINATION
M. Upon receipt of Proposal Documents Respondents shall verify that documents are complete.
Respondents shall notify Owner should the documents be incomplete. The Owner assumes no
responsibility for error or misinterpretation resulting from the use of incomplete sets of Proposal
Documents.
N. Respondents shall immediately notify the Owner upon finding discrepancies or omissions in the
Proposal Documents.
QUERIES/ADDENDA
O. Addenda may be issued during the Proposal period. Addenda will be posted to the ACC
Purchasing website at: http://www.austincc.edu/purchase/advertisedproposals.php All Addenda
become part of the Contract Documents. Prime Respondents shall acknowledge receipt of
Addenda on their proposal forms and shall include resultant costs in the Proposal Price.
P. Verbal statements are not binding on any party.
Q. Clarifications requested by Respondents must be in writing to ACC Purchasing by noon March
11, 2015. The reply will be in the form of an Addendum, a copy of which will be posted to the
ACC Purchasing webpage and a copy forwarded to local plan rooms.
PRODUCT/SYSTEM SUBSTITUTIONS
R. Where the Proposal Documents stipulate a particular Product, substitutions may be considered by
the Owner up to SEVEN (7) days BEFORE receipt of Proposals.
S. THE PRODUCT SUBSTITUTION REQUEST FORM AS PUBLISHED HEREIN MUST BE
USED. The submission shall provide sufficient information to determine acceptability of such
Section 00200 Page 4 Instructions/Information to Bidders
products.
T. When a request to substitute a Product is made, the Owner may approve the substitution and will
issue an Addendum to known Respondents. Verbal/oral approvals are not acceptable or binding
and will not be recognized.
U. Owner may use the following criteria to determine acceptability of any substitution:
Substitution product is equal to that specified but will result in cost savings to the Owner.
Substitution product is equal to that specified but will result in construction time savings
to the Owner; or,
Specified product is not available and substitution product is equal.
V. In submission of substitutions to products specified, Respondents shall include in their Proposal,
any changes required in the Work and changes to Contract Time and Contract Sum/Price to
accommodate such substitutions. A later claim by the Respondent for an addition to the Contract
Time or Contract Sum/Price because of changes in Work necessitated by use of substitutions shall
not be considered.
W. Substitute products will not be considered if submitted as an attachment to the Proposal Form.
X. Contractor shall provide products as specified unless substitutions are submitted in this manner
and subsequently accepted. Architect/Engineer will be final and sole judge in determining
whether substitutions will be accepted.
SUBSTITUTION SUBMITTAL PROCEDURES
All Respondents shall:
Y. Submit three copies of the Substitution Request Form. Limit each request to one proposed
Substitution per form.
Z. Document each request with complete data substantiating compliance of proposed substitution
with requirements of Contract Documents. Provide manufacturer's name and address, trade name
of product, and model or catalogue number.
AA. Give itemized comparison of proposed substitution with specified product, listing variations, and
reference to specifications section and article numbers. Give cost data comparing proposed
substitution with specified product, and amount of net change to total Contract Price.
BB. List availability of maintenance services and replacement materials. Submit shop drawings,
Product data, and certified test results attesting to the proposed Product equivalence.
CC. The Owner will notify Contractor, in writing, of decision to accept or reject requests for
Substitutions. Substitutions which are approved will be noted in addenda.
Section 00200 Page 5 Instructions/Information to Bidders
2.07. ACC SAFETY MANUAL
A. Review ACC contractor safety plan requirement at:
http://www.austincc.edu/ehs/contractorsafety.php .
SITE ASSESSMENT
PREPROPOSAL CONFERENCE
DD. A pre-proposal conference will be held Thursday, February 26, 2015 at 2:00pm on the ACC
Round Rock Campus, 4400 College Park Drive, Round Rock, Texas 78665; Building 3000,
Room 3338.
SITE EXAMINATION
EE. Before submitting a proposal, ALL RESPONDENTS are required to examine the project site and
fully inform themselves as to all existing conditions and limitations and shall include in the
proposal the cost of all items necessary in the construction of the Project. The Respondent shall
not be allowed any extra compensation by reason of any manner or thing, concerning that of
which the Respondent might have fully informed himself prior to the proposal.
QUALIFICATIONS
EVIDENCE OF QUALIFICATIONS
FF. The Contract will be made only with a responsible contractor who possesses the ability to
perform successfully under the terms and conditions of this project. In addition to price of
proposal, owner may give consideration to such matters as the reputation or quality of the
contractor and of the contractor’s goods or services, the extent to which the goods or services
meet the owner’s needs, the contractor’s past relationship with the owner, the impact on the
ability of the owner to comply with laws, rules and owner’s policies relating to historically under-
utilized businesses, the total long-term cost to Austin Community College to acquire the
contractor’s goods or services, and the contractor’s financial and technical resources, and any
other factor recognized under Texas Law, as well as those factors set forth on the Notice To
Prospective Respondents.
GG. Consideration of ACC HUB and MBE/WBE goals is required.
PREQUALIFICATION: NOT USED
SUBCONTRACTORS/SUPPLIERS/OTHERS
HH. The Owner reserves the right to qualify and approve all sub-contractors and to reject a proposed
sub-contractor for reasonable cause.
II. All Respondents shall offer the names of all sub-contractors intended for the work.
Section 00200 Page 6 Instructions/Information to Bidders
PROPOSAL SUBMISSION
SUBMISSION PROCEDURE
JJ. Respondents shall be solely responsible for the delivery of their Proposals in the manner and time
prescribed.
KK. Submit one (1) original proposal, signed and dated and marked as “ORIGINAL” on the front
cover, along with six (6) copies of the executed offer on the Proposal Forms signed and sealed.
Include one (1) electronic file of the original submittal on a DVD, CD or flashdrive with the
firm’s name clearly identified. The electronic file must be attached to the back of the proposal
form of the original. NO JEWEL CASES. Enclose the proposals forms and all the proposal
documents listed under section 2.01 in a closed opaque envelope, clearly identified with
Respondent's name, project name, proposal number and Owner's name and address on the
outside.
PROPOSAL INELIGIBILITY
LL. Proposals that are unsigned, improperly signed or sealed, conditional, illegible, obscure, contain
arithmetical errors, erasures, alterations, or irregularities of any kind, may, at the discretion of the
Owner, be declared unacceptable.
MM. Proposal Forms, Appendices, and enclosures which are improperly prepared may at the discretion
of the Owner, be declared unacceptable.
NN. Failure to provide security deposit, bonding, insurance or other requirements will at the discretion
of the Owner, invalidate the Proposal.
PROPOSAL ENCLOSURES/REQUIREMENTS
BID BOND/SECURITY DEPOSIT: A bid bond in the amount
of 5% of the total bid amount or a Certified Cashiers Check in the
amount of 5 percent of the total bid amount shall be submitted with
the proposal.
PERFORMANCE ASSURANCE (PERFORMANCE BOND):
100% of bid amount.
PAYMENT BOND/LIEN LAW PROCEDURES
OO. This project shall be under the jurisdiction of the payment and lien laws and procedures for the
State of Texas known as Texas Property Code (Chapter 53), the Texas Government Code
(Chapter 2269) for public works, or The Miller Act for Federal Work. These articles and statutes
are included by reference into this Project Manual, to the extent as if bound in their entirety
herein.
PP. Printed copies of the Texas Property Code (Chapter 35) Texas Government Code (Chapter 2269)
and The Miller Act may be obtained form the local AGC office or the Texas State Library, Box
Section 00200 Page 7 Instructions/Information to Bidders
12927 Capitol Station, Austin, Texas 78711.
INSURANCE
QQ. All Respondents shall provide and executed “Minimum Insurance Requirements for use with
Construction Proposals” (form provided) stating Respondent’s intent to provide insurance to the
Owner in accordance with the insurance requirements of the Contract Documents. Insurance
certificate naming ACC as an additional insured is mandatory.
http://www.austincc.edu/ehs/pdf/InsuranceRequirements.pdf
FEES FOR CHANGES IN THE WORK
RR. The method of valuation for changes in the work is as set forth in clause 2 of the General
Conditions. The profit margin of the Contractor shall be limited to 10%.
PROPOSAL FORM SIGNATURE
The Proposal Form shall be signed by the Respondent as follows:
SS. Sole Proprietorship: Signature of sole proprietor in the presence of a witness who will also sign.
Insert the words "Sole Proprietor" under the signature. Affix seal.
TT. Partnership: Signature of all partners in the presence of a witness who will also sign. Insert the
word "Partner" under each signature. Affix seal.
UU. Corporation: Signature of duly authorized signing officers in their normal signatures. Insert each
officer's capacity in which the signing officer acts under each signature. Affix the corporate seal.
If the Proposal is signed by officials other than the President and Secretary of the company, or the
President/Secretary/ Treasurer of the company, a copy of the by-law resolution of the Board of
Directors authorizing them to do so must also be submitted with the Proposal Form in the
Proposal envelope.
VV. Joint Venture: Each party of the joint venture shall execute the Proposal Form under their
respective seals in a manner appropriate to such party as described above, similar to the
requirements of a Partnership.
OFFER ACCEPTANCE/REJECTION
DURATION OF OFFER
WW. All proposals shall remain open to acceptance and shall be irrevocable for a period of NINETY
(90) days after the Proposal closing date.
ACCEPTANCE OF OFFER
XX. The Owner reserves the right to accept or reject any or all offers and to waive any informality or
irregularity in proposals received when such rejection or waiver is in the best interest of the
Owner.
Section 00200 Page 8 Instructions/Information to Bidders
YY. The Owner reserves the right to accept any base proposal or any alternate proposal related to a
particular base proposal when the base proposal is accepted.
ZZ. The Owner reserves the right to accept or reject subcontractors.
AAA. After acceptance by the Owner, ACC, will issue to the Accepted Respondent a written Notice To
Proceed.
END OF SECTION 00200
Section 00410 Page 1 Bid Form
SECTION 00300
REQUIREMENTS FOR COMPETITIVE SEALED PROPOSALS
1.00 RESPONSE. Respondents shall carefully read the information contained in the
following criteria and submit a complete statement of Proposal to all questions.
1.01 Criteria One: Identification of Key Personnel
A. Identify and include resumes of Key Personnel intended to perform the Work and define roles
and responsibilities. Declare availability of Key Personnel for duration of the Work.
B. Weighted value: 5 points
1.02 Criteria Two: Experience of Firm/Subcontractor in Similar Projects
A. Describe experience of the Firm/Subcontractor and Key Personnel in civil storm drainage
construction involving extensive, existing buried infrastructure on an existing, occupied campus.
Provide three project examples minimum.
B. Weighted value: 10 points
1.03 Criteria Three: HUB/MWE Participation
A. Provide a detailed plan to encourage and utilize HUB/MWE businesses
B. Weighted value: 5 points
1.04 Criteria Four: Project Schedule
A. Provide a critical-path schedule or timeline from notice-to-proceed to final approval.
B. Weighted value: 17 points
1.05 Criteria Five: Project Approach
A. Provide a narrative or work plan to address the challenges of performing excavation and civil
storm drainage installation construction on an existing, occupied campus. How would you
address control of access to facilities and restrict access to construction areas while also
protecting those on the campus?
B. Weighted value: 10 points
1.06 Criteria Six: Price
A. Provide a base proposal for all work as defined in the construction documents and specifications
for this project and as outlined in this RFP.
B. Weighted value: 50 points
1.07 Criteria Eight: Attendance of Optional Pre-Proposal Conference
A Did the firm/subcontractor attend the Optional Pre-Proposal Conference?
B. Weighted value: 3 points. 3 points are awarded for Yes and 0 points for No.
END OF SECTION 00300
Section 00410 Page 2 Bid Form
SECTION 00410
COMPETITIVE SEALED PROPOSAL FORM
To: Austin Community College District
RFP 912-15014RW
Attn.: Rodney Wheeler
9101 Tuscany Way
Austin, Texas 78754
Project: RRC.14.002
Round Rock Campus, Building 3000 Drainage Improvements
4400 College Park Drive
Round Rock, Texas 78665
Date: March 26, 2015
Local Time: 2:00 pm
Submitted by:
1. OFFER
We have examined the proposal requirements, contract form, conditions of the contract, place of the
work, contractors safety plan and all matters referred to in the Instructions/Information to Respondents
and the Contract Documents prepared by the Owner’s Consultants for the above mentioned project.
We, the undersigned, hereby offer to enter into a Contract to furnish all labor, materials, equipment, tools,
construction equipment and machinery, temporary facilities and utilities and other services necessary for
the construction, accomplishment and completion in a workmanlike manner of the above project in
accordance with the Contract Documents.
We have received all Addenda (List in Item 6) and have included their provisions in this Proposal. (If
applicable)
NOTE: PROJECT IS TAX EXEMPT - NO SALES TAX TO BE INCLUDED IN PROPOSAL PRICE
BASE PROPOSAL:
DOLLARS ($ )
Dollar amount written in words (this governs over figures) numbers
Note: The total cost of the work shall also include all building and trade permit costs.
Section 00410 Page 3 Bid Form
2. ACCEPTANCE
This offer shall be open to acceptance and is irrevocable for NINETY (90) days from the Proposal closing
date.
If this Proposal is accepted by the Owner within the time period stated above, the Respondent will:
1. Execute the Agreement within seven days of Award of the Contract.
2. Commence work according to the Contract Time / Schedule as set forth in the Instructions /
Information to Respondents, and other Contract Documents.
If this Proposal is accepted within the time stated, and the contractor fails to commence the Work or fails
to provide the required Bond(s), the Bid Bond shall be forfeited as damages to the Owner by reason of the
Contractor’s failure, limited in amount to the lesser of the face value of the Bid Bond or the difference
between this Bid and the Bid upon which the Contract is signed.
3. CONTRACT TIME
It is understood and agreed that the work is to be completed in accordance with Section 1.03 of this
project manual.
It is further understood and agreed that:
If the Work is not completed in the scheduled time that Liquidated damages shall be assessed as set out in
the General Conditions of the Contract.
4. AWARD
The contract, if awarded, will be to only one (1) contractor on the basis of the CSP evaluation process
determined by ACC.
5. CHANGES TO THE WORK
The method of valuation for Changes in the Work (additions) will be the Architect/Engineer approved net
cost plus a percentage fee in accordance with Contract Documents.
On changes involving both additions and deletions, percentages for overhead and profit will be charged
ONLY on the net increase.
6. ADDENDA (If Applicable)
The following Addenda have been received. The modifications to the Proposal Documents noted therein
have been considered and all costs thereto are included in the Proposal Sum.
Addendum # ............. Dated ....................
Addendum # ............. Dated ....................
Addendum # .............. Dated ....................
7. ALTERNATES: NOT USED
Section 00410 Page 4 Bid Form
8. UNIT PRICE: NOT USED
9. SUB-CONTRACTORS
The work proposed in this Proposal will be performed by the following named sub-contractors:
* continue this item on a separate sheet, if needed
10. PROPOSAL FORM SIGNATURE(S)
The Corporate Seal of:
(Seal) was hereunto affixed in the presence of:
(Authorized signing officer) (Title) Date
(Authorized signing officer) (Title) Date
If the Proposal is a joint venture or partnership, add additional forms of execution for each member of the
joint venture in the appropriate form or forms as above.
END OF PROPOSAL FORM
Section 00420 Page 1 Substitution Request Form
SECTION 00420
SUBSTITUTION REQUEST FORM
Project Name: RRC.14.002
Round Rock Campus, Building 3000 Drainage Improvements
RFP 912-15014RW
4400 College Park Drive
Round Rock, Texas 78665
We hereby submit for your review the following proposed substitution for the specified material:
_______________________________________________________________________________
Affected Specification Section: _________________________________ Page:______ Line:________
Cost benefit to be realized by the Owner: _______________________________________________
Submit all necessary samples and substantiating data to demonstrate quality and performance. The
burden of proof of the merit of the proposed substitution is upon the proposed. Clearly mark
manufacturer’s literature to indicate item and quality of performance.
Does the proposed substitution affect the dimensions shown on the Contract Documents? _______
Does the change affect other trades? ________
Does the change meet all applicable code requirements? _________
Will the undersigned pay for any architectural, mechanical, electrical, civil or structural engineering or
drafting caused by the requested change? _________
This request must be submitted in triplicate. The Owner’s decision of approval or disapproval of the
proposed substitution shall be final.
FIRM NAME: ___________________________________________________________________
FIRM ADDRESS: ___________________________________________________________________ _
AUTHORIZED SIGNATURE: _____________________________________________________
…………………….………….DO NOT WRITE BELOW THIS LINE…….…………………………...
APPROVED: _______ APPROVED AS NOTED: ________ NOT APPROVED: _________
Project Manager: ___________________________________
(Signature) _______________________________________
Date ___________________Remarks: _____________________________________
END OF SECTION 00420
Section 00500 Page 1 Agreement for Construction Contract
SECTION 00500
AGREEMENT FOR CONSTRUCTION CONTRACT
RFP 912-15014RW
This agreement, (“Agreement”) dated for reference this the day of , 2015,
is between Austin Community College District (ACC) and the following named and described contractor:
NAME:
ADDRESS:
TYPE OF ORGANIZATION:
WITNESSETH :
Article 1. Statement of Work. Contractor shall furnish all materials, supplies, labor, service and
equipment required for the following-described Work of construction, alteration or repair:
Improvements to the storm drainage system at ACC Round Rock Campus along the north side of
Building 3000’s foundation.
Such Work is described in greater detail and more in particular in the other Contract Documents
incorporated in this Agreement.
Article 2. Time for Completion. The Work will be completed July 3, 2015. Time is of the
essence in the performance of this Agreement.
Article 3. Contract Documents. This Contract includes the following Contract Documents, all of
which are incorporated in the Contract as parts hereof:
1. This Agreement
2. The General Conditions
3. The Supplementary General Conditions
4. The Schedule of Wage Rates
5. Performance and Payment Bonds
6. The Specifications and the Drawings
7. Addenda issued by ACC prior to execution of the Contract (if applicable)
8. Modifications made as provided in the General Conditions
Article 4. Price. For performance of the Work, ACC will pay to Contractor a Contract Price
computed by adding the Contract Price for Material incorporated into the Work and the
Contract Price for Labor as shown in the following Pricing Schedule, but subject to
adjustment as provided in the Contract Documents.
Section 00500 Page 2 Agreement for Construction Contract
Pricing Schedule:
Contract Price for Material and Labor: _______________
The above sum includes the following Proposal items as shown on the Contractor’s Proposal:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
AUSTIN COMMUNITY COLLEGE Contractor
By: By:
Title:
Date of Execution: By:
Title:
END OF SECTION 00500
Section 00700 Page 1 General Conditions
SECTION 00700
GENERAL CONDITIONS
AUSTIN COMMUNITY COLLEGE DISTRICT
PROJECT: RRC.14.002
Round Rock Campus, Building 3000 Drainage Improvements
RFP 912-15014RW
4400 College Park Drive
Round Rock, Texas 78665
GENERAL CONDITIONS
Clause 1. Definitions.
(a) The term "Architect/Engineer", as used in the Contract Documents, means the person or
concern designated to perform the functions of Architect/Engineer for this Contract with regard
to the Project Specifications contained in the Contract Documents. The Architect/Engineer shall
be designated either in the Supplementary General Conditions or in a separate writing signed by
a Contracting Officer.
(b) "Contract" -- the Contract Documents form the Contract for Construction. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes prior
negotiations, representations or agreements, either written or oral. The Contract may be
amended or modified only by a Modification. The Contract Documents shall not be construed
to create a contractual relationship of any kind (1) between the Architect/Engineer and
Contractor, (2) between ACC and a Subcontractor or (3) between any persons or entities other
than ACC and Contractor. The Architect/Engineer shall, however, be entitled to performance
and enforcement of obligations under the Contract intended to facilitate performance of the
Architect/Engineer's duties.
(c) "Contract Documents" -- The Contract Documents consist of the Contract between ACC and
Contractor (hereinafter the Agreement), the Performance and Payment Bonds, ACC General
Conditions of the Contract (Supplementary and other Conditions), Drawings, Specifications,
addenda issued prior to execution of the Contract, other documents listed in the Agreement and
Modifications issued after execution of the Contract.
(d) The term "Contract Time" means the time provided in the Contract Documents for completion
of the Work.
(e) The term "Contracting Officer", as used in the Contract Documents, means a person authorized
to bind ACC in matters relating to the Contract; specifically, the Chairperson of the Board of
Trustees of ACC, the President of ACC, or such other person as may be authorized in writing by
the Board of Trustees of ACC or the President of ACC to exercise the functions of a Contracting
Officer for this Contract.
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(f) The term "Drawings" means the graphic and pictorial portions of the Contract Documents,
wherever located and whenever issued, showing the design, location and dimensions of the
Work, generally including plans, elevations, sections, details, schedules and diagrams.
(g) The term "Modification" is: (1) a written amendment to the Contract signed by both parties, (2)
a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change
in the Work issued by the Architect/Engineer.
(h) The term "ACC", as used in the Contract Documents, mean the Austin Community College
District of Travis County, Texas.
(i) The term "Project" is the total construction of which the Work performed under the Contract
Documents may be the whole or a part and which may include construction by ACC or by
separate contractors.
(j) "Specifications" -- The Specifications are that portion of the Contract Documents consisting of
the written requirements for materials, equipment, construction systems, standards and
workmanship for the Work, and performance of related services.
(k) The term "Total Contract Price" means the amount identified in the Agreement, subject to
adjustment as provided in the Contract Documents.
(l) The term "Work" means the construction and services required by the Contract Documents,
whether completed or partially completed, and includes all other labor, materials, equipment and
services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The
Work may constitute the whole or a part of the Project.
(m) Either a Contracting Officer or the Architect/Engineer may delegate any part of his respective
functions hereunder, but the Contractor will be notified in writing of any such delegation and the
extent thereof.
(n) All formal communications from the Contractor to ACC in connection with the Contract shall
be addressed to the attention of the Project Manager of Facilities and Maintenance, shall
reference the Contract by name, and shall be transmitted in duplicate through the
Architect/Engineer.
Clause 2. Changes
(a) Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive or order for a minor
change in the Work, subject to the limitations stated herein and elsewhere in the Contract
Documents.
I. A Change Order shall be based upon agreement among ACC, Contractor, and the
Architect/Engineer; a Construction Change Directive requires agreement by ACC and the
Section 00700 Page 3 General Conditions
Architect/Engineer and may or may not be agreed to by the Contractor; an order for a
minor change in the Work may be issued by either the Architect/Engineer alone.
II. Changes in the Work shall be performed under applicable provisions of the Contract
Documents, and the Contractor shall proceed promptly to incorporate the changes into the
Work, unless otherwise provided in the Change Order, Construction Change Directive or
order for a minor change in the Work.
III. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if
quantities originally contemplated are so changed in a proposed Change Order or
Construction Change Directive that application of such unit prices to quantities of Work
proposed will cause substantial inequity to ACC or Contractor, the applicable unit prices
shall be equitably adjusted.
IV. Contractor and ACC agree that a reasonable allowance for overhead and profit on
Changes in the Work, where provided for below, shall not exceed ten percent (10%) for
the Contractor.
(b) A Change Order is a written instrument prepared by the Architect/Engineer and signed by ACC,
Contractor, and the Architect/Engineer stating their agreement upon all of the following:
I. a change in the Work;
II. the amount of the adjustment in the Total Contract Price, if any; and
III. the extent of the adjustment in the Contract Time, if any.
Methods used in determining adjustments to the Total Contract Price may include, but are not
limited to, those listed in subsection (c) (ii) below. ACC, Architect/Engineer and Contractor
shall not unreasonably withhold their consent to a Change Order.
(c) A Construction Change Directive is a written order, prepared by the Architect/Engineer and
signed by ACC and Architect/Engineer directing a change in the Work and stating a proposed
basis for adjustment, if any, in the Total Contract Price or Contract Time, or both. ACC may by
Construction Change Directive, without invalidating the Contract, order changes in the Work
within the general scope of the Contract consisting of additions, deletions or other revisions, the
Total Contract Price and Contract Time being adjusted accordingly.
I. A Construction Change Directive shall be used in the absence of total agreement on the
terms of a Change Order.
II. If the Construction Change Directive provides for an adjustment to the Total Contract
Price, the adjustment shall be based on one of the following methods:
(1) mutual acceptance of a lump sum properly itemized for both labor and materials
and supported by sufficient substantiating data to permit evaluation;
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(2) unit prices stated in the Contract Documents or subsequently agreed upon;
(3) cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee; or
(4) as provided in subsection (c)(v) below.
III. Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed
with the change in the Work involved and advise the Architect/Engineer of the
Contractor's agreement or disagreement with the method, if any, provided in the
Construction Change Directive for determining the proposed adjustment in the Total
Contract Price or Contract Time.
IV. A Construction Change Directive signed by the Contractor indicates the agreement of the
Contractor therewith, including adjustment in Total Contract Price and Contract Time or
the method for determining them. Such agreement shall be effective immediately and
shall be recorded as a Change Order.
V. If the Contractor does not respond promptly or disagrees with the method for adjustment
in the Total Contract Price, the method and the adjustment shall be determined by the
Architect/Engineer on the basis of reasonable expenditures and savings of those
performing the Work attributable to the change, including, in case of an increase in the
Total Contract Price, a reasonable allowance for overhead and profit. In such case, and
also under subsection (c)(ii), the Contractor shall keep and present, in such form as the
Architect/Engineer may prescribe, an itemized accounting of costs attributable to the
change together with appropriate supporting data. Unless otherwise provided in the
Contract Documents, costs for the purposes of this subsection shall be limited to the
following:
(1) costs of labor, including, social security, old age and unemployment insurance,
fringe benefits required by agreement or custom, and workers' compensation
insurance;
(2) costs of materials, supplies and equipment, including cost of transportation,
whether incorporated or consumed;
(3) rental costs of machinery and equipment, exclusive of hand tools, whether rented
from the Contractor or others;
(4) costs of premiums for all bonds and insurance, permit fees, and sales, use or
similar taxes related to the Work; and
(5) additional costs of supervision and field office personnel directly attributable to
the change.
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VI. Pending final determination of cost to ACC, amounts not in dispute may be included
in any application by the Contractor for payment. The amount of credit to be allowed by
the Contractor to ACC for a deletion or change which results in a net decrease in the
Total Contract Price shall be based on actual net cost as confirmed by the
Architect/Engineer with a corresponding decrease in overhead and profit. When both
additions and credits covering related Work or substitutions are involved in a change, the
allowance for overhead and profit shall be figured on the basis of net increase or
decrease, if any, with respect to that change.
VII. If ACC and Contractor do not agree with the adjustment in Contract Time or the
method for determining it, the adjustment or the method shall be referred to the
Architect/Engineer for determination.
VIII. When ACC and Contractor agree with the determination made by the
Architect/Engineer concerning the adjustments in the Total Contract Price and Contract
Time, or otherwise reach agreement upon the adjustments, such agreement shall be
effective immediately and shall be recorded by preparation and execution by the parties
of an appropriate Change Order.
(d) The Architect/Engineer will have authority to order minor changes in the Work not involving
adjustment in the Total Contract Price or extension of the Contract Time and not inconsistent
with the intent of the Contract Documents. Such changes shall be effected by written order and
shall be binding on the Contractor. The Contractor shall carry out such written orders promptly.
Clause 3. Differing Site Conditions.
(a) The Contractor shall promptly, and before such conditions are disturbed, notify ACC in writing
of:
I. Subsurface or latent physical conditions at the site differing materially from those indicated
in the Contract Documents; or,
II. Unknown physical conditions at the site, of an unusual nature, differing materially from
those ordinarily encountered and generally recognized as inherent in work of the character
provided for in the Contract Documents.
(b) The Contracting Officer shall promptly investigate the conditions (or cause the
Architect/Engineer to do so), and if the Contracting Officer finds that such conditions do
materially so differ and cause an increase or decrease in the Contractor's cost of, or the time
required for, performance of any part of the Work under this Contract, whether or not changed
as a result of such conditions, an equitable adjustment shall be made and the Contract shall be
modified in writing accordingly.
(c) No claim of the Contractor under this clause shall be allowed unless the Contractor shall have
given the notice required in (a) above; provided, however, the time prescribed therefore may be
extended by ACC.
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Clause 4. Suspension of the Work.
(a) ACC may order the Contractor in writing to suspend, delay or interrupt all or any part of the
Work for such period of time as it may determine to be appropriate for the convenience of ACC.
(b) If the performance of all or any part of the Work is for an unreasonable period of time
suspended, delayed or interrupted by an act of a Contracting Officer in the administration of this
Contract, or by his failure to act within the time specified in this Contract (or, if no time be
specified, within a reasonable time), an adjustment shall be made for any increase in the cost of
performance of this Contract (excluding profit) necessarily caused by such unreasonable
suspension, delay or interruption, and the Contract modified in writing accordingly. However,
no adjustment shall be made under this clause for any suspension, delay or interruption to the
extent (1) that performance would have been so suspended, delayed or interrupted by any other
cause, including the fault or negligence of the Contractor, or (2) for which an equitable
adjustment is provided for or excluded under any other provision of this Contract.
(c) No claim under this clause shall be allowed (1) for any costs incurred more than twenty (20)
days before Contractor shall have notified ACC in writing of the act or failure to act involved
(but this requirement shall not apply to a claim resulting from a written suspension order), and
(2) unless a claim in an amount stated, is asserted in writing as soon as practicable after the
termination of such suspension, delay or interruption.
Clause 5. Termination for Convenience of ACC.
(a) The performance of Work under this Contract may be terminated by ACC in whole, or from
time to time in part, whenever ACC shall determine that such termination is in the best interest
of ACC. Any such termination shall be effected by delivery to the Contractor of a written notice
of termination specifying the extent to which performance of Work under the Contract is
terminated and the date upon which such termination becomes effective.
(b) The Contractor shall incur no further obligations or costs or expenses of any kind in connection
with the Work and the Contractor shall stop Work immediately when such termination becomes
effective. The Contractor shall cooperate fully with ACC in minimizing the cost to ACC of
such termination and shall, as directed by a Contracting Officer, protect the Work accomplished
and properties acquired for performance of the Work, terminate or cancel incomplete
subcontracts and purchase orders, and dispose of surplus materials and other properties. The
Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and
orders subject to the approval of ACC. ACC may direct the Contractor to assign the
Contractor's right, title, and interest under terminated orders or subcontracts to ACC or its
designee.
(c) The Contractor shall transfer title and deliver to ACC such completed or partially completed
Work and materials, equipment, parts, fixtures, information and Contract rights as the
Contractor has.
Section 00700 Page 7 General Conditions
(d) The Contractor shall submit a termination claim to ACC and the Architect/Engineer specifying
the amounts due because of the termination for convenience together with costs, pricing or other
data required by the Architect/Engineer. If the Contractor fails to file a termination claim within
one (1) year from the effective date of termination, ACC shall pay the Contractor an amount
derived in accordance with subsection (f) below.
(e) ACC and the Contractor may agree to the compensation, if any, due to the Contractor
hereunder.
(f) Absent timely agreement to the amount due to the Contractor, ACC shall pay the Contractor the
following amounts:
I. Contract prices for labor, materials, equipment, and other services accepted under this
Contract up to the effective date of termination specified in the Notice of
Termination;
II. Reasonable costs incurred in preparing to perform and in performing the termination
portion of the Work and in terminating the Contractor's performance, plus a fair and
reasonable allowance for overhead and profit thereon (such profit shall not include
anticipated profit or consequential damages); provided, however, that if it appears that the
Contractor would have not profited or would have sustained a loss if the entire Contract
had been completed, no profit shall be allowed or included and the amount of
compensation shall be reduced to reflect the anticipated rate of loss, if any;
III. Reasonable approved costs of settling and paying claims arising out of the termination of
subcontracts or orders pursuant to subsection (b) of this Clause. These costs shall not
include amounts paid in accordance with other provisions hereof.
(g) The total sum to be paid the Contractor under this Clause shall not exceed the Total Contract
Price, as properly adjusted, reduced by the amount of payments otherwise made.
Clause 6. Termination for Contractor's Default.
(a) If the Contractor refuses or fails to prosecute the Work, or any separable part thereof, with such
diligence as will insure its completion within the time specified in this Contract or any extension
hereof, ACC may, by written Notice of Termination to the Contractor, terminate the
Contractor's right to proceed with the Work or such part of the Work as to which there has been
delay. In such event ACC may take over the Work and prosecute the same to completion, by
contract or otherwise, and may take possession of and utilize in completing the Work such
materials, appliances and plant as may be on the site of the Work and necessary therefor.
Whether or not the Contractor's right to proceed with the Work is terminated, he and his sureties
shall remain liable for any damages to ACC resulting from his refusal or failure to complete the
Work within the specified time.
(b) If ACC should so terminate the Contractor's right to proceed, the resulting damages recoverable
by ACC will consist of such liquidated damages for delay as may be specified by the Clause 7
Section 00700 Page 8 General Conditions
hereof until such reasonable time as reasonably may be required for final completion of the
Work, together with any increased cost occasioned ACC in so completing the Work.
(c) If, after notice of termination of the Contractor's right to proceed under the conditions of this
Clause, it is determined for any reason that the Contractor was not in default under the
conditions of this Clause, or that the delay was excusable under the conditions of Clause 8, the
rights and obligations of the parties shall be the same as if the notice of termination had been
issued pursuant to Clause 5 concerning termination for the convenience of ACC.
Clause 7. Liquidated Damages for Delay.
(a) Time is of the essence for this Contract, it being important that this public improvement be
quickly and timely completed. Contractor and ACC acknowledge the difficulty of ascertaining
actual damages for delay in performance, and therefore Contractor and ACC understand and
agree that any failure, subject to Clause 8 herein, to complete any Work necessary to meet the
completion date shall result in actual economic loss to ACC in an amount equal to or greater
than $250.00 per calendar day. Contractor shall pay to ACC $250.00 for each calendar day that
the Work, or any portion of the Work, necessary to meet the completion date remains
incomplete. Liquidated Damages are intended to compensate owner solely for administrative,
overhead and other general damages caused by delays in performance by Contractor, excepting
specific damages such as lost tuition or fees; Contractor remains responsible for performing the
Work as set out in the Project Specifications and other Contract documents.
(b) The Architect/Engineer shall determine whether any Work necessary to meet the completion
date remains incomplete and so notify Contractor and ACC.
Clause 8. Extensions of Time.
(a) The Contractor's right to proceed shall not be terminated for default under Clause 6, nor the
Contractor charged with liquidated damages for delay under Clause 7, if:
I. The delay in the completion of the Work arises from unforeseeable causes beyond the
control and without the fault or negligence of the Contractor, including but not restricted to,
acts of God, acts of the public enemy, acts of federal, state or local government in its
sovereign capacity, acts of another contractor in the performance of a contract with ACC,
acts of ACC, fires, floods, epidemics, quarantines, restrictions, strikes, freight embargoes,
unusually severe weather, or delays of subcontractors or suppliers at any time arising from
unforeseeable causes beyond the control and without the fault or negligence of either the
Contractor or his subcontractors; and
Clause 9. Disputes.
(a) No claim by the Contractor for additional time or for additional compensation shall be allowed
unless it be timely presented to the Architect/Engineer in writing, together with appropriate
detailed supporting documentation.
Section 00700 Page 9 General Conditions
(b) The Architect/Engineer will review the claim and take one of the following steps within ten (10)
days of receipt of the claim:
I. request additional supporting data from the claimant;
II. submit a schedule to the Contractor and the Contracting Officer indicating when the
Architect/Engineer expects to make a recommendation; or
III. recommend to the Contracting Officer rejection or approval of the claim, in whole or part,
stating reasons for the recommendation.
(c) Upon obtaining the Architect/Engineer's recommendation, the Contracting Officer shall approve
or reject the claim, in whole or in part. If the Contracting Officer approves the claim, the
Architect/Engineer shall take appropriate steps to implement the claim. Should the Contracting
Officer reject a claim, the Contractor may within twenty (20) days:
I. submit additional data supporting the claim to the Architect/Engineer;
II. modify the initial claim; or, notify the Architect/Engineer that the claim stands.
III. Following rejection of an initial or modified claim, the Architect/Engineer shall notify the
Contracting Officer of any change in its recommendation within ten (10) days of the
Contractor's submission of additional data, modification of the initial claim, or notification
that the claim stands.
(d) If the Contracting Officer fails to make a decision within fifty (50) days from the receipt of any
recommendation from the Architect/Engineer, the claim shall be deemed rejected.
(e) No suit shall be brought by Contractor upon this Contract or for breach of this Contract more
than two years after the Contracting Officer's final decision under this Clause. No suit shall be
brought by the Contractor upon this Contract or for breach of this Contract if:
(I) the Contracting Officer rejected the Contractor's initial claim; and,
(II) the Contractor failed to take one of the steps outlined in subsection (c) above.
Clause 10. Progress Payments.
(a) Promptly following execution of the Contract by ACC and the Contractor, the Contractor shall
submit to the Architect/Engineer for approval a breakdown of the Total Contract Price,
itemizing material and labor for the various classifications of the Work, and an approximate
monthly draw schedule. The breakdown will be used as a basis for the progress payments on
the Contract.
(b) Upon application of Contractor, accompanied by written invoices, if requested, ACC shall make
monthly payments as the Work progresses, based upon percentage of the completion of the
Section 00700 Page 10 General Conditions
Work as determined from estimates submitted by Contractor, certified by the
Architect/Engineer, and approved by a Contracting Officer. The progress payment shall be
computed based on the Total Contract Price multiplied by the percentage of completion of the
Work, less the aggregate of all payments previously made. ACC shall retain from each progress
payment a retainage in the amount of ten percent (10%) of the progress payment computed as
above. In preparing estimates, the material delivered and preparatory work done shall be taken
into consideration; however, the Contractor shall not include in any application for monthly
payments the costs of equipment or material to be installed on the Work site unless that
equipment or material is either installed or delivered to a bonded warehouse by the time of
Contractor's application.
(c) ACC may withhold from progress payments to such extent as may be necessary to protect ACC
from loss on account of defective work not remedied, claims by others against the Contractor, or
Contractor's failure to maintain scheduled progress. When the ground for withholding shall be
removed, payments will be made to the Contractor for the sums withheld. A progress payment
shall not constitute acceptance of Work not in accordance with the Contract Documents.
(d) All material and work covered by partial payments made shall thereupon become sole property
of ACC, but this provision shall not be construed as relieving Contractor from the sole
responsibility for the care and protection of materials and work upon which payments shall have
been made, or the restoration of any damaged work or as a waiver of the right of ACC to require
strict fulfillment of all of the terms of the Contract. Payments to the Contractor shall not be
construed to release the Contractor or his sureties from any obligation under this Contract.
(e) The Contractor shall promptly pay each subcontractor upon receipt of payment from ACC, out
of the amount paid to the Contractor on account of such subcontractor's portion of the Work, the
amount to which said subcontractor is entitled, reflecting percentages actually retained from
payments to the Contractor on account of such subcontractor's portion of the Work.
(f) Neither ACC nor the Architect/Engineer shall have an obligation to pay or to see to the payment
of money to a subcontractor except as may otherwise be required by law.
Clause 11. Substantial Completion and ACC's Occupancy
(a) Substantial Completion is the stage in the progress of the Work when the Work or designated
portion thereof is sufficiently complete in accordance with the Contract Documents so ACC can
occupy or utilize the Work for its intended use.
(b) When the Contractor considers that the Work, or a portion thereof which ACC agrees to accept
separately, is substantially complete, the Contractor shall prepare and submit to the
Architect/Engineer a comprehensive list of items to be completed or corrected. The Contractor
shall proceed promptly to complete and correct items on the list. Failure to include an item on
such list does not alter the responsibility of the Contractor to complete all Work in accordance
with the Contract Documents. Upon receipt of the Contractor's list, the Architect/Engineer will
make an inspection to determine whether the Work or designated portion thereof is substantially
complete. If the Architect/Engineer's inspection discloses any item, whether or not included on
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the Contractor's list, which is not in accordance with the requirements of the Contract
Documents, the Contractor shall, before issuance of the Certificate of Substantial Completion,
complete or correct such item upon notification by the Architect/Engineer. The Contractor shall
then submit a request for another inspection by the Architect/Engineer to determine Substantial
Completion. When the Work or designated portion thereof is substantially complete, the
Architect/Engineer will prepare a Certificate of Substantial Completion that shall establish the
date of Substantial Completion, shall establish responsibilities of ACC and Contractor for
security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time
within which the Contractor shall finish all items on the list accompanying the Certificate.
Warranties required by the Contract Documents shall commence on the date of Substantial
Completion of the Work or designated portion thereof unless otherwise provided in the
Certificate of Substantial Completion. The Certificate of Substantial Completion shall be
submitted to ACC and Contractor for their written acceptance of responsibilities assigned to
them in such Certificate.
(c) Contractor shall be responsible for obtaining, in conjunction with obtaining a Certificate of
Substantial Completion, any certificate from any appropriate governmental authority necessary
for ACC to occupy or use the Work or any designated portion thereof. Upon delivery to ACC
of a certificate of occupancy issued by the appropriate governmental authority, if necessary, and
issuance by the Architect/Engineer of the Certificate of Substantial Completion together with a
written acknowledgment that ACC thereby assumes responsibility for maintenance and for risk
of loss, ACC may take beneficial occupancy of the Work or a designated portion thereof.
Clause 12. Final Acceptance and Payment.
(a) Following issuance of a Certificate of Substantial Completion, and upon completion of the
Work in full and strict conformity to the Contract Documents and its final acceptance by a
Contracting Officer and Architect/Engineer, ACC shall pay the unpaid balance of the Total
Contract Price less any sum that may be necessary to settle any claim ACC may have against
Contractor or that may be necessary to settle any outstanding obligations of Contractor or of his
subcontractors arising out of or incident to the performance of the Contract.
(b) Prior to final payment and as a condition thereto, Contractor shall furnish ACC with an affidavit
that all bills and claims for labor, materials, equipment and other indebtedness connected with
the Work for which ACC or ACC's property might be responsible or encumbered; shall have
been satisfied, except as stated therein. Contractor shall also furnish a release of all claims
against ACC, whether of Contractor or of others, arising under and by virtue of the Contract,
other than such claims as may be specifically excepted by Contractor from the operation of the
release in stated amounts to be set forth therein. If any subcontractor refuses to furnish a release
or waiver required by ACC, the Contractor may furnish a bond satisfactory to ACC to
indemnify ACC against such lien. If such lien remains unsatisfied after payments are made,
Contractor shall refund to ACC all money that ACC may be compelled to pay in discharging
such lien, including all costs and reasonable attorneys' fees. Acceptance of final payment by
Contractor, a subcontractor or material supplier shall constitute a waiver of claims by that payee
except those previously made in writing and identified by that payee as unsettled at the time of
final application for payment.
Section 00700 Page 12 General Conditions
Clause 13. Specifications and Drawings.
(a) As between the Contractor and ACC, the Specifications and the accompanying Drawings are
the property of ACC and shall be returned to ACC at the completion of the Contract and before
the Work will be accepted.
(b) The Contractor shall keep at the site copies of the Drawings and Specifications, and the
Architect/Engineer and any Contracting Officer shall at all times have access thereto. Anything
mentioned in the Specifications and not shown in the Drawings, or shown in the Drawings and
not mentioned in the Specifications, shall be of like effect as if shown and mentioned in both. In
case of differences between the Drawings and the Specifications, the Specifications shall
govern. Omissions from the Drawings or Specifications, or the mis-description of details of
Work which are evidently necessary to carry out the intent of the Drawings and Specifications,
or which are customarily performed, shall not relieve the Contractor from performing such
omitted or mis-described details of the Work, but they shall be performed as if fully and
correctly set forth and described in the Drawings and Specifications.
(c) The Contractor shall check all Drawings furnished him immediately upon their receipt and shall
promptly notify the Architect/Engineer of any discrepancies. Figures marked on Drawings
shall, in general, be followed in preference to scale measurements. Large-scale Drawings shall,
in general, govern over small-scale Drawings. The Contractor shall compare all Drawings and
verify the figures before laying out the Work and will be responsible for any errors that might
have been avoided thereby. When measurements are effected by conditions already established,
the Contractor shall take measurements notwithstanding the giving of scale or figure dimensions
in the Drawings. In case of discrepancy, either in the figures, in the Drawings or in the
Specifications, the matter shall be promptly submitted to the Architect/Engineer, who shall
promptly make a determination in writing with the approval of a Contracting Officer. Any
adjustment by the Contractor without such a determination shall be at the Contractor's own risk
and expense.
(d) References to Drawings and/or Specifications, in this clause and throughout the Contract
Documents, are references to the same as modified by all applicable addenda and changes.
Clause 14. Shop Drawings and Samples.
(a) Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures
and other data that are prepared by the Contractor or any subcontractor, manufacturer, supplier,
or distributor, and that illustrate some portion of the Work.
(b) Samples are physical examples furnished by the Contractor to illustrate materials, equipment or
workmanship, and to assist in the establishment of standards by which the Work will be judged.
(c) The Contractor shall review and designate (stamp) his approval and submit, with reasonable
promptness and in orderly sequence, all shop drawings and samples required by the Contract
Documents, or subsequently required by the Architect/Engineer as covered by a Change.
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(d) Shop drawings and samples shall be properly identified, as specified, or as the
Architect/Engineer may require. At the time of submission, the Contractor shall inform the
Architect/ Engineer in writing of any deviation in the shop drawings or samples from the
requirements of the Contract Documents.
(e) By approving and submitting shop drawings and samples, the Contractor thereby represents that
he has determined and verified all field measurements, field construction criteria, materials,
catalog numbers and similar data, or will do so, and that he has checked and coordinated each
shop drawing and sample with the requirements of the Work and of the Contract Documents.
(f) The Architect/Engineer will review and approve the shop drawings and samples with reasonable
promptness, but only for conformance with the design concept of the Project and with the
information given in the Contract Documents. The approval of the Architect/Engineer of a
separate item shall not indicate approval of an assembly in which the item functions. The
approval of the Architect/Engineer of the shop drawings or samples shall not relieve the
Contractor of responsibility for any deviation from the requirements of the Contract Documents
unless the Contractor has informed the Architect/Engineer in writing of such deviation at the
time of submission and the Architect/Engineer has given written approval to the specific
deviation, nor shall the approval of the Architect/Engineer relieve the Contractor from
responsibility for errors or omissions in the shop drawings or samples.
(g) The Contractor shall make any corrections required by the Architect/Engineer and shall
resubmit the required number of corrected copies of the shop drawings or new samples of
materials until approved. The Contractor shall direct specific attention in writing to any new
revisions other than the corrections requested by the Architect/Engineer on previous
submissions.
(h) No work requiring a shop drawing or sample submission shall be commenced until the
submission has been approved by the Architect/Engineer. All such work shall be in accordance
with approved shop drawings and samples.
Clause 15. As-Built Drawings.
(a) During the performance of Work under this Contract, the Contractor shall report to the
Architect/Engineer all changes in such Work that constitute significant departures from the
original Drawings. The Architect/Engineer shall prepare, based on Contractor's reports, a set of
Drawings thus corrected and changed that shall show the Work as actually constructed ("As-
Built Drawings"). Such As-Built Drawings shall be delivered to ACC at the earliest practicable
date prior to completion of all work under the Contract, in any event not later than the date of
acceptance of the completed Work.
(b) The Contractor shall review said As-Built Drawings on the Work site with the
Architect/Engineer at weekly intervals to verify proper recording of data and shall include such
revised Drawings as may be furnished by the Architect/Engineer as the job progresses.
Section 00700 Page 14 General Conditions
(c) Contractor's reports of changes to the Work shall include, and the As-Built Drawings shall
show, sufficient detail to convey the following information:
I. physical dimensions; relation to existing conditions, and horizontal and vertical location of
all underground or hidden installations.
II. equipment operation and maintenance information; Contractor shall submit manufacturer's
literature, including schematic diagrams, control diagrams, maintenance charts, parts lists,
etc., where applicable.
Clause 16. Material and Workmanship.
(a) Unless otherwise specifically provided in this Contract, all equipment, material, and articles
incorporated in the Work covered by this Contract are to be new and of the most suitable grade
for the purpose intended. The Contractor shall furnish to the Architect/Engineer for its approval
the name of the manufacturer, the model number, and other identifying data and information
respecting the performance, capacity, nature, and rating of the machinery and mechanical and
other equipment that the Contractor contemplates incorporating into the Work. When required
by this Contract, or when called for by the Architect/Engineer, the Contractor shall furnish to
the Architect/Engineer for approval full information concerning the material or articles the
Contractor contemplates incorporating into the Work. When so directed, samples shall be
submitted for approval at the Contractor's expense, with all shipping charges prepaid.
Machinery, equipment, material, and articles installed or used without required approval shall be
at the risk of subsequent rejection.
(b) All Work under this Contract shall be performed in a skillful and workmanlike manner. The
Architect/Engineer may, in writing, require the Contractor to remove from the Work any
employee the Architect/Engineer deems incompetent, careless, or otherwise objectionable.
(c) Neither custom nor usage of trade shall require ACC to accept materials or workmanship not in
strict and complete compliance with the Contract Documents.
Clause 17. Inspection and Tests.
(a) Except as otherwise provided in this Contract, inspection and testing by ACC of material and
workmanship required by this Contract shall be made at reasonable times and at the site of the
Work, unless the Architect/Engineer determines that such inspection or test of material that is to
be incorporated in the Work shall be made at the place of production, manufacture, or shipment
of such material. To the extent specified by the Architect/Engineer at the time of determining to
make an off-site inspection or test, such inspection or test shall not relieve the Contractor of
responsibility for damage to or loss of the material prior to acceptance, nor in any way affect the
continuing rights of ACC after acceptance of the completed Work under the terms of subsection
(g) of this Clause, except as herein above provided.
(b) All inspections and tests of plumbing, heating, ventilating, air conditioning and electrical work
that may be required by the building codes and ordinances of the City of Austin will be
Section 00700 Page 15 General Conditions
performed, at Contractor's expense, whether or not the site of the Work is within the corporate
limits of that City. In addition, all tests, inspections and approvals of portions of the Work
required by laws or regulations of public authorities having jurisdiction shall be made at an
appropriate time. Required certificates of testing, inspection or approval shall, unless otherwise
required by the Contract Documents, be secured by the Contractor and promptly delivered to the
Architect/Engineer.
(c) The Contractor shall, without charge, replace any material or correct any workmanship found by
ACC not to conform to the Contract requirements, unless in the public interest ACC consents to
accept such material or workmanship with an appropriate adjustment in Total Contract Price.
Contractor shall without charge, replace any material or correct any workmanship found by
public authorities having jurisdiction not to conform with laws, ordinances or regulations
concerning such materials or workmanship. The Contractor shall promptly segregate and
remove rejected material from the premises. The Contractor will be charged with the additional
cost of any test or inspection of the replaced material or corrected workmanship.
(d) If the Contractor does not promptly replace rejected material or correct rejected workmanship,
ACC (1) may, by contract or otherwise, replace such material or correct such workmanship and
charge the cost thereof to the Contractor, or (2) may terminate the Contractor's right to proceed
in accordance with Clause 6 of these General Conditions.
(e) The Contractor shall furnish promptly, without additional charge, all facilities, labor, and
material reasonably needed for performing such safe and convenient inspections and tests as
may be required by the Architect/Engineer. All inspections and testing by ACC shall be
performed in such manner as not unnecessarily to delay the Work. Special, full-size, and
performance tests shall be performed as described in this Contract. The Contractor shall be
charged with any additional cost of inspection when material and workmanship are not ready at
the time specified by the Contractor for its inspection.
(f) Should it be considered necessary or advisable by the Architect/Engineer or ACC at any time
before acceptance of the entire Work to make an examination of Work already completed, by
removing or tearing out same, the Contractor shall, on request, promptly furnish all necessary
facilities, labor, and material. If such work shall have been covered without the approval of the
Architect/Engineer, or if such Work is found to be defective or nonconforming to the Project
Specifications or other Contract Documents in any material respect, Contractor shall bear all the
expenses of such examination and of satisfactory reconstruction. If, however, such work is
found to meet the requirements of the Contract, an equitable adjustment (not including overhead
and profit) shall be made in the Total Contract Price to compensate the Contractor for the
additional services involved in such examination and reconstruction and, if completion of the
entire Work has been delayed thereby, he shall, in addition, be granted a suitable extension of
time in writing.
(g) Unless otherwise provided in this Contract, acceptance by ACC shall be made as promptly as
practicable after completion and inspection of all Work required by this Contract. Acceptance
shall be final and conclusive except as regards hidden or latent defects, fraud, or such gross
Section 00700 Page 16 General Conditions
mistakes as may amount to fraud, deceptive acts or practices, or as regards ACC's rights under
any warranty or guarantee.
Clause 18. Subcontractors and Materialmen.
(a) A Subcontractor is a person or entity who contracts with the Contractor to perform any of the
Work. A Materialman is a person who contracts with the Contractor to supply any material or
equipment for installation or incorporation in the Work, including any item especially designed
or fabricated.
(b) At the time of award of the Contract, the Contractor shall have submitted to ACC for approval
his list of preferred Subcontractors and Materialmen within the time specified by ACC. ACC
shall approve or disapprove the Subcontractors and Materialmen at the time of award. The
Contractor shall award no subcontract or purchase order until a Contracting Officer shall have
approved the particular Subcontractor or Materialman for the particular portion of the Work or
material supply to be sublet to him. Such approval will not unreasonably be withheld, but a
prior occasion in which the performance of a particular Subcontractor or Materialman was
deemed by ACC to be unsatisfactory will be a reason for withholding approval. The Contractor
shall not contract with a proposed Subcontractor or Materialmen to whom the Contracting
Officer has made a reasonable and timely objection.
(c) The Contractor shall bind each Subcontractor by written Subcontract to all the obligations of the
Contract Documents in respect of the sublet Work that are favorable to the ACC. The
Contractor shall not change a Subcontractor previously selected if the Contracting Officer
makes a reasonable objection to such change.
(d) The Contractor will hold harmless and indemnify ACC, the Architect/ Engineer and their
officers and employees and agents from all liability, loss or expense (including attorney's fees)
on claims by Subcontractors or Materialmen and based on alleged defaults by Contractor.
(e) Nothing contained in the Contract Documents shall create any contractual relation between
ACC and any Subcontractor or Materialman.
Clause 19. Other Contracts.
(a) ACC reserves the right to award other contracts for additional Work related to the Project, and
the Contractor shall cooperate fully with such other contractors and ACC employees and
carefully fit Contractor's own Work to such additional Work as directed by the
Architect/Engineer. If any part of this Contractor's Work depends for proper execution or
proper results on Work of any other contractor or ACC employee, this Contractor shall inspect
and promptly report to the Architect/Engineer any discrepancies or defects he may find in such
additional Work that render it unsuitable for such proper execution and results. Failure of this
Contractor so to inspect and report shall constitute an acceptance of the additional Work as fit
and proper to receive his Work, except as to defects that may develop in the additional Work
after the execution of this Contractor's Work. If the Contractor claims that delay or additional
cost is involved because of other contracts for additional Work to the Project, the Contractor
Section 00700 Page 17 General Conditions
shall promptly make such claim to the Contracting Officer and Architect/Engineer who shall
review such claim to determine if as adjustment to the Contract Price is warranted.
(b) Contractor shall hold harmless and indemnify ACC, the Architect/Engineer and their officers
and employees and agents from all liability, loss or expenses (including attorneys' fees) on any
claim arising from alleged interference with or damage to the Work and property of other
contractors by this Contractor.
(c) Contractor shall afford separate contractors reasonable opportunity for introduction and storage
of their materials and equipment and performance of their activities and shall correct and
coordinate the Contractor's construction and operations with theirs as required by the Contract
Documents.
Clause 20. Superintendent.
The Contractor shall give his personal superintendence to the Work or have a competent
superintendent, satisfactory to and approved by the Architect/Engineer and ACC, on the Work at all
times during progress, with authority to act for him. All communications given to the
superintendent will be deemed to have been given to the Contractor. An approved superintendent
will not be removed from the Work by the Contractor without the approval of the
Architect/Engineer unless that superintendent leaves the employ of the Contractor.
Clause 21. Permits and Responsibilities.
The Contractor shall, without additional expense to ACC, be responsible for obtaining all necessary
licenses and permits, and for complying with any applicable Federal, State and municipal laws,
codes and regulations, in connection with the prosecution of the Work. Should the Contractor
observe that any provisions in or Specifications or Drawings for the Contract Documents are at
variance with the requirements imposed on a public authority such as ACC, the Contractor shall
notify the Architect/Engineer and ACC and any necessary changes shall be adjusted by a Change
Order pursuant to Clause 2.
Clause 22. Deliveries.
The Contractor shall be responsible for all materials and equipment delivered, whether or not
installed, and Work performed until completion and acceptance of the entire construction Work,
except for any completed unit of construction that which theretofore may have been accepted.
Clause 23. Conditions Affecting the Work.
The Contractor shall be responsible for having taken steps reasonably necessary to ascertain the
nature and location of the Work, and the general and local conditions that can affect the Work or the
cost thereof. Any failure by the Contractor to do so will not relieve him from responsibility for
successfully performing the Work without additional expense to ACC. ACC assumes no
responsibility for any understanding or representations concerning conditions made by any of its
Section 00700 Page 18 General Conditions
officers or agents prior to the execution of this Contract, unless such understanding or
representations by ACC are expressly stated in the Contract Documents.
Clause 24. Patent Indemnity.
Except as otherwise provided, the Contractor agrees to indemnify ACC, the Architect/Engineer and
their officers, agents and employees against all liability, loss and expense (including attorney's fees)
for alleged infringement upon any Letters Patent of the United States arising out of the performance
of this Contract, or out of the use or disposal by or for the account of ACC of supplies furnished or
construction work performed hereunder.
Clause 25. Progress Schedule.
The Progress Schedule shall be as specified by the Architect/Engineer in the Project Specifications
contained in the Contract Documents.
Clause 26. Indemnity and Insurance.
(a) Indemnity. To the fullest extent permitted by law, Contractor shall indemnify and save
harmless ACC and its trustees, officers and employees from and against all claims, suits
(including counsel fees and other expenses of suit), whether groundless or not, judgments and
awards, or on account of any damage to property or injury (including death) to person
(including any damage or injury to property or person or any employee of Contractor, its
subcontractors, ACC, the Architect/Engineer) that may occur or be alleged to have occurred in
connection with the performance of this Contract, including damage or injury caused or alleged
to have been caused in part by the negligence of one or more parties indemnified hereunder.
Contractor assumes all risk of damage or injury (including death) to Contractor's own property
or person or to the property or person of Contractor's employees from any cause whatsoever.
(b) Insurance. Contractor shall carry insurance at Contractor's expense throughout the term of this
contract to cover the claims and in the amounts set forth herein and in Section 00810 of the
Contract Documents.
I. Texas Standard Workers' Compensation and Employers' Liability with minimum
underlying limits of liability of $500,000.
A. Definitions.
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the Texas Workers' Compensation Commission, or a
coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84) showing statutory
workers' compensation insurance coverage for the person's or entity's employees providing
services on a project, for the duration of the project.
Duration of the Project - includes the time from the beginning of the Work on the Project
until the Contractor's Work on the Project has been completed and accepted by ACC.
Section 00700 Page 19 General Conditions
Persons providing services on the project ("subcontractor" in Texas Labor Code
Section 406.096) - includes all persons or entities performing all or part of the services the
contractor has undertaken to perform on the project, regardless of whether that person
contracted directly with the contractor and regardless of whether that person has employees.
This includes, without limitation, independent contractors, subcontractors, leasing
companies, motor carriers, owner-operators, employees of any such entity, or employees of
any entity which furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or providing
labor, transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply deliveries,
and delivery of portable toilets.
B. Coverage Requirements. The Contractor shall provide coverage, based on proper
reporting of classification codes and payroll amounts and filing of any coverage
agreements, which meets the statutory requirements of Texas Labor Code, Section
401.011(44) for all employees of the Contractor providing services on the Project,
for the duration of the Project.
C. Certificate. The Contractor must provide a certificate to ACC prior to being
awarded the Contract.
D. Extensions of Coverage. If the coverage period shown on the Contractor's current
certificate of coverage ends during the duration of the Project, the Contractor must,
prior to the end of the coverage period, file a new certificate with ACC showing that
coverage has been extended.
E. Full Coverage. The Contractor shall obtain from each person providing services on
the project, and provide to ACC:
I. a certificate of coverage, prior to that person beginning work on the project, so ACC
will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
II. no later than seven days after receipt by the Contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
F. Retention of Certificates. The Contractor shall retain all required certificates of
insurance coverage for the duration of the project and for one year thereafter.
G. Notification of Changes to Coverage. The Contractor shall notify ACC in writing
by certified mail or personal delivery, within 10 days after the Contractor knew or
should have known, of any change that materially affects the provision of coverage
of any person providing services on the project.
Section 00700 Page 20 General Conditions
H. Notices. The Contractor shall post on each project site a notice, in the text, form and
manner prescribed by the Texas Workers' Compensation Commission, informing all
persons providing services on the project that they are required to be covered, and
stating how a person may verify coverage and report lack of coverage. The notice
must be printed with a title in at least 30-point bold type and text in at least 19-point
normal type, and shall be in both English and Spanish and any other language
common to the worker population, and shall state as follows:
"REQUIRED WORKERS' COMPENSATION COVERAGE"
"The law requires that each person working on this site or providing services related
to this construction project must be covered by workers' compensation insurance.
This includes persons providing, hauling, or delivering equipment or materials, or
providing labor or transportation or other service related to the project, regardless of
the identity of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 512-440-3789 to receive
information on the legal requirement for coverage, to verify whether your employer
has provided the required coverage, or to report an employer's failure to provide
coverage."
I. Requirements. The Contractor shall contractually require each person with whom
it contracts to provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the
statutory requirements of the Texas Labor Code, Section 401.011(44) for all
its employees providing services on the project, for the duration of the
project;
(2) provide to the Contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of
the project;
(3) provide the Contractor, prior to the end of the coverage period, a new
certificate of coverage showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
project;
(4) obtain from each other person with whom it contracts, and provide to the
Contractor:
(a) a certificate of coverage, prior to the other person beginning work on
the project; and
Section 00700 Page 21 General Conditions
(b) a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(6) notify ACC in writing by certified mail or personal delivery, within 10 days
after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the
project; and
(7) contractually require each person with whom it contracts, to perform as
required by paragraphs (1) - (7), with the certificates of coverage to be
provided to the person for whom they are providing services.
J. Assurance of Coverage. By signing this Contract or providing or causing to be
provided a certificate of coverage, the Contractor is representing to ACC that all
employees of the Contractor who will provide services on the Project will be
covered by workers' compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self-insured, with the Commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject
the contractor to administrative penalties, criminal penalties, civil penalties, or other
civil actions.
K. Failure to Comply. The Contractor's failure to comply with any of these provisions
is a breach of contract by the Contractor that entitles ACC to declare the Contract
void if the Contractor does not remedy the breach within ten days after receipt of
notice of breach from ACC.
I. Contractor shall have Commercial General Liability with an occurrence limit of not
less than $1,000,000 and an aggregate limit of not less than $2,000,000. The policy
shall not contain any exclusion deleting any coverage in the basic policy form
including but not limited to Products and Completed Operations, Contractual,
Personal and Advertising Injury, or Explosion, Collapse and Underground Property
Damage Hazard. The policy shall include the following endorsements:
(1) an endorsement adding ACC as an additional insured using the following
wording: "'WHO IS AN INSURED' (Section II) is amended to include ACC,
its officers, employees and elected officials as insured, but only with respect
to liability arising out of 'your work' for that insured by or for you. This
insurance is primary and any other valid and collectible insurance available to
the additional insured in this endorsement shall be excess";
Section 00700 Page 22 General Conditions
(2) Endorsement CG2503 providing that the general aggregate limit applies
separately to the Work performed under this Contract; and,
(3) An endorsement providing ACC with at least thirty (30) days' advance
notice of cancellation or nonrenewal.
II. Business Auto Liability with a Combined Single Limit of not less than $1,000,000 OR
$500,000. Limits are based on dollar value of less than $100,000. See Section 0800. The
policy shall be endorsed to provide ACC with at least thirty (30) days' advance notice of
cancellation or nonrenewal.
III. Builders' Risk insurance with a limit for the amount equal to 100% of the Total Contract
Price. The policy shall insure on an all risk basis; shall cover the interest of ACC,
Contractor and all subcontractors as their interest may appear and waive subrogation
rights against any of these; shall include as covered property all fixtures, materials
supplies, machinery and equipment to be used in, or incidental to the construction; shall
include provisions that any exclusions relating to faulty workmanship or design error do
not apply to ensuing damage from a covered cause of loss; shall include provisions
covering loss of tuition and fees; shall not include any exclusions of coverage during
testing of equipment; shall be specific as to coverage and shall not be considered as
contributing insurance with any permanent insurance maintained on the present premises.
(c) All insurance required in paragraph (b) will be evidenced by the following, which
shall be delivered to ACC's designated insurance representative no later than 7 days
prior to the commencement of the Work:
(i) Certificates of insurance which identify the insurance company, effective
and expiration dates and limits of insurance, and statements to the effect that
the insurance shall not be canceled, reduced, restricted, limited or allowed to
expire until at least thirty (30) days after ACC and Contractor shall have
received written notice by certified mail, as evidenced by return receipt;
(ii) For each policy except ACC's and Contractor's Protective and Builders
Risk, a copy of the declarations page; and, if not on the declarations page, any
schedule showing the limits of insurance, and a list of all endorsements
attached to the policy; and a copy of each special endorsement requested in
(b); and,
(iii) For ACC’s and Contractors Protective and Builder's Risk, a complete
copy of the policy including insuring agreement, coverage’s, exclusions,
conditions and any endorsement applicable to this Work.
If any of these policies expire during the term of this Contract, these requirements
apply to the renewal as well.
Section 00700 Page 23 General Conditions
(d) All required insurance policies required in (b) shall be written with admitted or
approved non-admitted insurance companies maintaining an AM Best's rating of
A- or better and a financial rating of VIII or better.
(e) Contractor shall require all reconstruction and remodeling subcontractors to carry an
Installation Floater in the amount of the Contract awarded to the subcontractors.
(f) ACC reserves the right to modify these insurance requirements if it feels that such a
modification would be in its best interest. A request for such modification should be
submitted in writing by Contractor or Contractor's authorized agent.
Clause 27. Prevailing Wage Rates.
(a) Among the Contract Documents is a schedule headed "Prevailing Wage Rates," wherein is set
forth, among the other data, an hourly "Base Wage" for each of various classifications of
construction workmen and mechanics. This schedule shall apply to all wages under this
Contract and changes thereto. Contractor shall post the schedule in a prominent and easily
accessible place at the site of the Work. The prevailing wages set out in the schedule shall
remain effective during the entire term of this Contract. As required by the Texas Government
Code, Chapter 2258, ACC contractors and sub-contractors are required to pay prevailing wage
rates. The contractor is bound by all applicable sections of the code, which can be found at
http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2258.htm
(b) Per Texas Government Code, Chapter 2258.022, the scale for this project is the prevailing wage
rate as determined by the United States Department of Labor in accordance with the Davis-
Bacon Act (40 U.S.C. Section 276a et seq.), and its subsequent amendments.
(c) The county is Williamson County and the date is the most current for Buildings.
(d) The contractor shall forfeit as a penalty to ACC sixty dollars ($60.00) for each laborer,
workman or mechanic employed for each calendar day, or portion thereof, that such laborer,
workman or mechanic is paid less than said stipulated rate for any work done under this
Contract by the Contractor or by any subcontractor under the Contractor. ACC may withhold
additional funds as appropriate when confronted with wage rate violations.
(e) ACC has the right to review, and may request copies of random samples of, Contractor's and
any subcontractor's payrolls without warning. ACC may conduct random employee interviews
across various trades, on or off of the Work site, with no warning.
Clause 28. Bankruptcy.
Prior to final acceptance of the Work, the Contractor shall not suffer himself to be adjudicated as
bankrupt nor file any petition for relief under any chapter of the Bankruptcy Act. Any bankruptcy
filing by the Contractor during the term of this Contract shall constitute grounds for termination of
this Contract by ACC at its sole option.
Section 00700 Page 24 General Conditions
Clause 29. Warranty.
In addition to the warranties provided for elsewhere, the Contractor shall warrant the Work against
defective workmanship or defective materials for one year from the date of final acceptance or of
beneficial occupancy by ACC, whichever is earlier. Contractor warrants that, throughout that one-
year period, all movable or adjustable components and equipment shall remain in first-class
working order, including hardware, weather stripping, doors, windows, drawers, apparatus,
machinery, electrical equipment and any other equipment or components installed under this
Contract. Promptly after receipt of notice, the Contractor shall correct at its own expense all defects
discovered during this one year period. Prior to final acceptance of the Work, the Contractor shall
obtain, assign and deliver to ACC through the Architect/Engineer all warranties furnished by
materialmen and subcontractors and their suppliers and manufacturers and fabricators.
Clause 30. Taxes.
Except as otherwise provided in the Contract Documents, the Total Contract Price includes all
applicable federal, state and local taxes. The purchase, lease, rental, storage, use or other
consumption of tangible personal property for the performance of this Contract by the Contractor is
exempted from state and local sales tax pursuant to the Texas Limited Sales Excise and Use Tax
Act (see Section 151.311 of the Texas Tax Code). To claim the benefit of this exemption, the
Contractor must comply with such procedures as may be prescribed by the State Comptroller of
Public Accounts.
Clause 31. Third Parties.
All conditions of this Contract shall be binding upon and inure to the benefit of the successors and
assigns of ACC and of Contractor, but Contractor shall not assign or subcontract this Contract in
whole or part, nor assign any monies due or to become due hereunder, without in each case the prior
written consent of ACC. No provision of this Contract shall inure to the benefit of any third party
who is neither an assign nor a successor of ACC or of the Contractor.
Clause 32. Nonwaiver of Default.
Any failure by ACC at any time or from time to time to enforce or require the strict keeping and
performance of any of the terms or conditions of this Contract shall not constitute a waiver of any
such term or condition nor effect nor impair such term or condition in any way or the right of ACC
at any time to avail itself of such remedies as it may have for any breach or breaches of any such
term or condition.
Clause 33. Severability.
If any provision of this Contract shall be determined to be invalid or unenforceable, this Contract
shall be reformed to the extent necessary to make the offending provision valid and enforceable, or
if this offending provision cannot be modified so as to be valid and enforceable, this Contract shall
be reformed so as to exclude the offending provision from this Contract; as so reformed, the
Section 00700 Page 25 General Conditions
Contract shall be binding upon and enforceable by both ACC and the Contractor. No additional
consideration shall be due to either party by reason of any such reformation.
Clause 34. Status Reports.
A representative of Contractor shall be available to provide a report on the status of the Contract and
Work thereunder to the President of the College and the Board of Trustees for ACC. Such
representative shall be available at least once each month during the progress of the Work.
Clause 35. MBE/WBE Goals.
Contractor has been informed of the goals of ACC regarding minority-owned business enterprises
(MBE) and women owned business enterprises (WBE). Contractor will provide ACC, upon request
at any time during the term of the Contract, a list of subcontractors that identifies the MBE- and
WBE-status, if any, of each subcontractor performing Work under this Contract.
Clause 36. Commencement of the Work.
Contractor shall commence the Work on the Construction Start Date designated by ACC. Prior to
commencement, the Contractor shall be responsible for signing and returning the Agreement For
Construction Contract, furnishing Payment and Performance Bonds with proper form and content,
and providing Certificates of all required insurance. Failure to commence the Work on the
Construction Start Date shall not extend the time for completion of the Work.
Clause 37. Trench Safety.
For all excavation of trenches [as that term is defined in the regulations of the United States
Occupational Safety and Health Act, Sub-part P, Section 1926.650], as shown in the Proposal
Document, Contractor shall comply in all respects with the detailed plans and specifications set out
in Section 1926.652, Specific Trenching Requirements, of the regulations of the Occupational
Safety and Health Administration. Contractor shall assume full responsibility for compliance with
the Occupational Safety and Health Administration regulations pertaining to trench safety systems.
If necessary, Contractor will be responsible for completion of additional detailed plans and
specifications for trench safety to the extent that such detailed plans and specifications are necessary
to supplement the provisions of these General Conditions. The Agreement for Construction
Contract shall contain a specific item for payment for trench safety systems, as required by Texas
Health and Safety Code, Section 756.022.
Clause 38. Safety.
All parts of the Contract shall be performed in strict accordance with ACC safety requirements, and
applicable federal (OSHA and any other), state, and local requirements. Contractor is fully
obligated for the safety of all Work site personnel, including Contractor's employees, agents,
subcontractors and their employees and agents, suppliers, vendors, and visitors.
Section 00700 Page 26 General Conditions
Contractor shall ensure that all employees, agents, and subcontractors (including employees and
agents of subcontractors) are equipped with required personal protection equipment; i.e.,
appropriate footwear, eye protection, hard hats, respiratory protection, safety belts and harnesses,
and any other health and safety-related equipment as may be required for or appropriate to job site
conditions. Such equipment shall be furnished by the Contractor at the Contractor's expense.
Respondents shall submit the following written documentation with their proposals:
1. Workers' compensation modifications rating for the previous three years.
2. Copies of the previous three year's OSHA 300 Log.
3. A current copy of the table of contents of the respondent's safety program and safety
training procedures.
Contractors shall maintain a file of Material Safety Data Sheets (MSDS) for all chemicals used, or
brought on to the job site by the Contractor and all subcontractors. Hard copies of MSDS's shall be
available at the physical location of the job site. Contractor shall require subcontractors to be
familiar with the requirements of the OSHA Hazard Communication standard and the Texas Hazard
Communication Act.
Contractor shall be responsible for safety on the Work site. Contractor is responsible for
continuously monitoring safety conditions on the Work site to determine if it is safe and suitable for
performance of the Work. If Contractor believes that an unsafe condition exists that directly or
indirectly affects the Contractor's or any subcontractor's performance of the Work, Contractor shall
either: (1) correct the unsafe condition prior to performing the Work, or (b) ensure that the party
responsible for the condition corrects such condition before performing the Work.
Any questions regarding safety conditions or the safety requirements of this Contract shall be
directed to ACC's Risk Management office at 223-1015.
Clause 39. Cleaning Up.
The Contractor shall keep the Work site and surrounding area free from accumulation of waste
materials or rubbish caused by operations under the Contract. The Contractor shall, at the end of
each workday, clean the site of trash, garbage and all other waste occasioned by the work, and shall
leave the site in a neat and orderly condition. At completion of the Work the Contractor shall
remove from and about the Project waste materials, rubbish, the Contractor's tools, construction
equipment, machinery and surplus materials. If the Contractor fails to clean up as provided in the
Contract Documents, ACC may do so and the cost thereof shall be charged to the Contractor.
Clause 40. Access to Work.
The Contractor shall provide authorized representatives of ACC and the Architect/Engineer access
to the Work in preparation and progress wherever located.
Section 00700 Page 27 General Conditions
END OF SECTION 00700
Section 00800 Page 1 Supplementary General Conditions
SECTION 00800
SUPPLEMENTARY GENERAL CONDITIONS
RFP 912-15014RW
These Supplementary General Conditions and the Specifications found herein shall be subject to all
the requirements of the General Conditions of the Contract, and shall be used in conjunction with
those General Conditions as a part of Contract Documents.
DEFINITIONS (Article 1 of General Conditions supplemented)
Architect/Engineer: Whenever the term "Architect/Engineer" is used in this Contract, it shall be
understood as referring to The Lawrence Group.
ADDENDA
Addenda issued during time of proposal are included in Contract Documents.
CLAIMS FOR EXTRA COST (Article 2 of the General Conditions amended)
Claims for extra work will be allowed only when work is ordered in writing, and claim is
accompanied by written Change Order or Construction Change Directive from the Engineer and
signed by ACC. No claims based on verbal orders will be considered by Architect/Engineer.
RESPONSIBILITY OF CONTRACTOR
Protection of Adjoining Property and Utilities: where existing utilities are required to be moved,
altered, or connected to, work shall be scheduled to avoid interference with operation of adjacent
buildings and to avoid untimely disruption of any utility services. A tentative working schedule
shall be approved by ACC prior to any work being started.
In case of any injury or damage to existing structures, utilities and any other property; Contractor
shall be responsible for such damage and shall at his own expense restore damaged property to a
condition similar or equal to that existing before such injury or damage was done.
SUBSTITUTIONS
Where a definite material or specialty is specified, it is not the intention to discriminate against
products of other manufacturers, but rather to set a definite standard. Contractor's original proposal
shall be based upon the use of materials or specialties of such quality as indicated. Any proposal for
substitutions shall be made through Architect/Engineer in writing prior to the date for submission of
proposals. Any substitution proposed following the award of the Contract must be made through
the Change Order procedures outlined in Clause 2 of the General Conditions. Proposals of
substitutions shall be accompanied by samples and complete data, together with credit adjustments
in Contract Price accruing to ACC as a result of proposed substitutions.
Section 00800 Page 2 Supplementary General Conditions
RIGHT OF ENTRY
ACC reserves the right during construction to enter the property or location on which work
contracted for is to be constructed or installed, by such agent or agents as ACC may elect, for the
purpose of supervising and inspecting Work, or for the purpose of constructing or installing such
collateral work as ACC may deem necessary and desire for completion of the Project for the
purpose for which it is intended.
PROTECTION OF PROPERTY
The Contractor shall provide and maintain equipment and workmen to keep building free from
water at all times until completion of all work under Contract.
CONTRACTOR
This Contractor's responsibility shall be executed with the full knowledge of the paramount right of
ACC to receive from the Contractor the Work fully completed and in compliance with the Contract
Documents, and of ACC's right to stop work under the conditions noted.
The Contractor's responsibility for the Work and for supervising and directing the Work shall
extend to the Work performed by all subcontractors. The Contractor is responsible for ensuring the
readiness of conditions prior to authorizing the work of each subcontractor to begin or proceed, and
Contractor is responsible for ensuring that the work of each subcontractor is satisfactorily
coordinated and integrated with all other work and is made complete in accordance with the
Contract Documents.
Where articles, materials, and equipment are required to conform to standard specifications or tests
or authorities incorporated by reference, they shall conform to the respective editions, including
amendments or supplements thereto, in effect at the time of the date of the invitation to proposals.
In cases where Contract requirements are more stringent than, but are permitted under, applicable
ordinances, codes or regulations, the Contract provisions shall govern. In cases of conflict between
referenced specifications or standards, the more stringent requirements shall govern.
The Contractor shall determine the cost of all required utility service connections (water, sewer, gas
and electric) and make application for and pay for all related permits, inspections, and service
connections, both temporary and permanent.
In any case any room or space within the building is used for storage or as a shop or paint room, the
Contractor shall repair any damage and shall do all necessary cleaning and restoration work arising
from such use, all as approved, at the Contractor's expense.
Upon completion of the Work, each and every separate part shall be in itself fully integrated, and
shall be completely fitted and interfaced with the other parts, so that all parts, individually and
collectively, will be capable of performing the required functions.
Section 00800 Page 3 Supplementary General Conditions
RESPONSIBILITY FOR COMPLETION
The Contractor shall furnish such manpower, materials, facilities and equipment and shall work
such hours, including night shifts, overtime operations and Sundays and holidays, as may be
necessary to insure the progress and completion of the progress schedule. If Work actually in place
falls behind the currently updated and approved progress schedule and it becomes apparent from the
current schedule that the Work will not be completed within the Contract Time, the Contractor
agrees that he will, as necessary, take some or all of the following actions at no additional cost to
ACC, as required to substantially eliminate the backlog of work:
1. increase manpower in such quantities and crafts as will substantially eliminate in the
opinion of ACC the backlog of Work;
2. increase the number of working hours per shift, shifts per working day, working
days per week, or the amount of equipment, or any combination of the foregoing
sufficient to substantially eliminate, in the opinion of ACC, the backlog of Work;
and
3. reschedule activities to achieve maximum practical concurrence of accomplishment
of activities.
ACC may require the Contractor to submit a recovery schedule demonstrating his program and
proposed plan to make up the lag in scheduled progress and to ensure completion of the Work
within the Contract Time. If ACC and Architect/Engineer find the proposed plan not acceptable,
they may require the Contractor to submit a new plan. If the actions taken by the Contractor or the
second plan proposed are not satisfactory, ACC may require the Contractor to take any of the
actions set forth in this Paragraph without additional cost to ACC, to make up the lag in scheduled
progress.
Failure of the Contractor to substantially comply with the requirements of this Paragraph may be
considered grounds for a determination by ACC, pursuant to Clause 6 of the General Conditions
that the Contractor is failing to prosecute the Work with sufficient diligence to ensure its completion
within the Contract Time.
END OF SECTION 00800
Section 00810 Page 1 Schedule of Minimum Requirements
SECTION 00810
SCHEDULE OF MINIMUM REQUIREMENTS
Commercial General Liability Insurance containing all coverage set out in the basic policy form
in Texas, including Products and Completed Operations, Contractual, Personal and Advertising
Injury, Explosion Collapse and Underground Property Damage Hazard; insurance shall provide
limits of:
Policy aggregate: $2,000,000
Each occurrence: $1,000,000
Products/completed operations aggregate: $1,000,000
Personal injury liability: $1,000,000
Fire damage liability: $ 50,000
Medical payments: $ 5,000
Automobile Liability Insurance:
Combined Single Limit: $1,000,000
For contracts up to $100,000 in value, insurance shall provide limits of:
Policy aggregate: $1,000,000
Each occurrence: $ 500,000
Products/completed operations aggregate: $ 500,000
Personal injury liability: $ 500,000
Fire damage liability: $ 50,000
Medical payments: $ 5,000
Automobile Liability Insurance:
Combined Single Limit: $ 500,000
(See General Conditions, Clause 27 (k) (iii)).
Worker’s Compensation Insurance:
Providing the statutory benefits for the State of Texas and Employer’s Liability for all contracts
in the amount of:
Each accident/person: $500,000
Disease - policy limit: $500,000
Disease - each person: $500,000
(See General Conditions, Clause 27 (b) (i)).
Builders Risk Insurance:
For all reconstruction and remodeling projects, contractors will be required to obtain a Builders
Risk Policy with a remodeling endorsement for the total amount of the contract. The policy shall
Section 00810 Page 2 Schedule of Minimum Requirements
include an endorsement deleting the following statement from the Property Not Covered
exclusion, “Existing building(s) or structure(s) to which alterations, additions, renovations or
repairs, are being made.”
(See General Conditions, Clause 27 (k) (iv))
MINIMUM INSURANCE REQUIREMENTS FOR CONSTRUCTION
INCLUDING REMODELING
RFP 912-15014RW
1. PROOF OF INSURANCE
The contractor shall maintain throughout the life of this contract, liability insurance in the
amounts as set forth below. (See General Conditions, clause 27).
Commercial General Liability policies shall contain all coverage set out in the basic policy form
in Texas, including Products and Completed Operations, Contractual, Personal and Advertising
Injury, and Explosion Collapse and Underground Property Damage Hazard. The policy shall
include an endorsement adding ACC as an additional insured. (See General Conditions, clause
27 (b) (ii)).
All policies shall be written by insurance companies admitted to do business in Texas or
approved non-admitted insurance companies maintaining a Best’s Rating of A- and a financial
rating of VIII or better. (See General Conditions, clause 27 (d)).
Certificates of Insurance shall be filed an maintained at the ACC Risk and Insurance Office
throughout the term of the Contract. (See General Conditions, clause 27 (c)).
2. RECOGNITION AND INTENT
The Contractor is instructed to sign below and submit this form as part of the Proposal
Documents.
“I have reviewed the Schedule of Minimum Insurance Requirements and intend to comply with
them upon entering into a contract.”
CONTRACTOR:
_________________________________ _____________________
Name Date
MUST BE RETURNED WITH PROPOSAL
Section 00850 Page 1 Wage Rates
SECTION 00850
PREVAILING WAGE RATE DETERMINATION
The following statute requires state agencies, cities, counties, independent school districts, and
all other political subdivisions that engage in construction projects using public funds to include
prevailing wage rates in the project proposal documents and the construction contract.
Article 5159a, Texas Civil Statutes, as amended by H.B.560, Ch.606, Acts,
73rd Legislature, Regular Session (1993)
Pursuant to the requirements of this statute, the following rates of wages shall be paid to various
classifications of workers in the locality of this project.
Building construction wage rates shall be paid to all workers except those workers engaged in
site work and construction beyond five feet of buildings.
Not less than the following hourly rates shall be paid for the various classifications of work
required by this project. Workers in classifications where rates are not identified shall be paid
not less than the general prevailing rate of “laborer” for the various classifications of work
therein listed.
The hourly rate for legal holiday and overtime work shall be not less than one and one-half (1 &
1/2) times the base hourly rate.
The rates specified are journeyman rates. Apprentices may be used on the project and may be
compensated at a rate determined mutually by the worker and employer, commensurate with the
experience and skill of the worker but at a rate not less than 60% of the journeyman’s wage as
shown. At no time shall a journeyman supervise more than one (1) apprentice. All apprentices
shall be under the direct supervision of a journeyman working as a crew.
Welders shall receive the rate prescribed for the craft performing the operation to which the
welding is incidental.
Section 00850 Page 2 Wage Rates
General Decision Number: TX150327 01/02/2015 TX327
Superseded General Decision Number: TX20140327
State: Texas
Construction Type: Building
County: Williamson County in Texas.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Executive Order (EO) 13658 establishes an hourly minimum
wage of $10.10 for 2015 that applies to all contracts subject
to the Davis-Bacon Act for which the solicitation is issued on
or after January 1, 2015. If this contract is covered by the
EO, the contractor must pay all workers in any classification
listed on this wage determination at least $10.10 (or the
applicable wage rate listed on this wage determination, if it
is higher) for all hours spent performing on the contract. The
EO minimum wage rate will be adjusted annually. Additional
information on contractor requirements and worker protections
under the EO is available at www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/02/2015
ASBE0087-014 01/01/2014
Rates Fringes
ASBESTOS WORKER/HEAT & FROST
INSULATOR (Duct, Pipe and
Mechanical System Insulation)....$ 21.17 8.77
----------------------------------------------------------------
BOIL0074-003 01/01/2014
Rates Fringes
BOILERMAKER......................$ 23.14 21.55
----------------------------------------------------------------
CARP1266-002 04/01/2014
Section 00850 Page 3 Wage Rates
Rates Fringes
CARPENTER (Excludes
Acoustical Ceiling
Installation, Drywall
Hanging, Form Work, and Metal
Stud Installation)...............$ 20.75 7.30
----------------------------------------------------------------
ELEC0520-003 06/02/2014
Rates Fringes
ELECTRICIAN
Excludes Low Voltage Wiring.$ 26.75 11%+4.89
Low Voltage Wiring Only.....$ 26.75 11%+4.89
----------------------------------------------------------------
ELEV0133-002 01/01/2014
Rates Fringes
ELEVATOR MECHANIC................$ 36.62 26.785+a
Footnote: A. 6% under 5 years based on regular hourly rate
for all hours worked. 8% over 5 years based on regular
hourly rate for all hours worked.
New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, the Friday after Thanksgiving Day,
Christmas Day, and Veterans Day.
----------------------------------------------------------------
ENGI0450-002 04/01/2014
Rates Fringes
POWER EQUIPMENT OPERATOR
Cranes......................$ 34.85 9.85
----------------------------------------------------------------
IRON0084-011 06/15/2014
Rates Fringes
IRONWORKER, ORNAMENTAL...........$ 22.02 6.35
----------------------------------------------------------------
IRON0482-012 12/01/2013
Section 00850 Page 4 Wage Rates
Rates Fringes
IRONWORKER, STRUCTURAL...........$ 20.60 5.70
----------------------------------------------------------------
PLUM0286-010 06/01/2013
Rates Fringes
PIPEFITTER (Including HVAC
Pipe Installation)...............$ 27.03 10.40
----------------------------------------------------------------
SFTX0669-002 07/31/2014
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers)......................$ 26.36 16.52
----------------------------------------------------------------
SHEE0067-007 07/07/2014
Rates Fringes
SHEET METAL WORKER
Excludes HVAC Duct
Installation................$ 24.38 13.20
HVAC Duct Installation Only.$ 24.38 13.20
----------------------------------------------------------------
SUTX2014-053 07/21/2014
Rates Fringes
BRICKLAYER.......................$ 20.16 0.00
CARPENTER (Acoustical Ceiling
Installation Only)...............$ 14.00 0.00
CARPENTER (Form Work Only).......$ 15.93 0.05
CEMENT MASON/CONCRETE FINISHER...$ 16.50 0.05
DRYWALL FINISHER/TAPER...........$ 16.96 4.34
DRYWALL HANGER AND METAL STUD
INSTALLER........................$ 17.41 3.49
Section 00850 Page 5 Wage Rates
ELECTRICAL INSTALLER (Sound
and Communication Systems)
(Excludes Wiring)................$ 12.50 0.65
FLOOR LAYER: Carpet.............$ 21.88 0.00
GLAZIER..........................$ 12.83 0.00
HVAC MECHANIC (HVAC Unit
Installation Only)...............$ 24.46 6.98
IRONWORKER, REINFORCING..........$ 12.27 0.00
LABORER: Common or General......$ 13.22 0.04
LABORER: Mason Tender - Brick...$ 12.17 0.00
LABORER: Mason Tender -
Cement/Concrete..................$ 11.85 0.00
LABORER: Pipelayer..............$ 12.45 0.00
LABORER: Roof Tearoff...........$ 11.28 0.00
OPERATOR:
Backhoe/Excavator/Trackhoe.......$ 19.43 3.49
OPERATOR: Bobcat/Skid
Steer/Skid Loader................$ 13.00 0.00
OPERATOR: Bulldozer.............$ 14.00 0.00
OPERATOR: Drill.................$ 14.50 0.00
OPERATOR: Forklift..............$ 16.40 0.00
OPERATOR: Grader/Blade..........$ 19.30 0.00
OPERATOR: Loader................$ 14.00 0.00
OPERATOR: Mechanic..............$ 18.75 5.12
OPERATOR: Paver (Asphalt,
Aggregate, and Concrete).........$ 16.03 0.00
Section 00850 Page 6 Wage Rates
PAINTER (BRUSH AND ROLLER),
Excludes Drywall
Finishing/Taping.................$ 18.76 6.35
PLUMBER, Excludes HVAC Pipe
Installation.....................$ 24.24 4.16
ROOFER...........................$ 12.00 0.00
TILE FINISHER....................$ 11.32 0.00
TILE SETTER......................$ 16.35 0.00
TRUCK DRIVER: Dump Truck........$ 12.39 1.18
TRUCK DRIVER: Flatbed Truck.....$ 19.65 8.57
TRUCK DRIVER: Semi-Trailer
Truck............................$ 12.50 0.00
TRUCK DRIVER: Water Truck.......$ 12.00 4.11
WATERPROOFER.....................$ 16.30 0.06
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (ii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
Section 00850 Page 7 Wage Rates
order of "identifiers" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "SU" or
"UAVG" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the "SU" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2012-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Section 00850 Page 8 Wage Rates
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Section 00850 Page 9 Wage Rates
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
================================================================
END OF GENERAL DECISION
Section 00870 Page 1 Bidder’s Disclaimer Statement
SECTION 00870
Austin Community College District
RESPONDENT’S DISCLAIMER STATEMENT
The undersigned Respondent, by signing and executing this proposal, certifies and represents to the Austin Community College
District (ACC) that Respondent has not offered, conferred or agreed to confer any pecuniary benefit, as defined by section 36.01
(3) of the Texas Penal Code, or anything of value, as consideration for the receipt of information or any special treatment or
advantage relating to this proposal; the Respondent also certifies and represents that Respondent has not offered, conferred or
agreed to confer any pecuniary benefit or other thing of value as consideration for the recipient’s decision, opinion,
recommendation, vote or other exercise of discretion concerning this proposal; the Respondent certifies and represents that
Respondent has neither coerced nor attempted to influence the exercise of discretion by any officer, trustee, agent or employee of
ACC concerning this proposal on the basis of any consideration not authorized by law; the Respondent also certifies and
represents that Respondent has not received any information not available to other respondents and so further certifies and
represents that Respondent has not violated any state, federal, or local law, regulation or ordinance relating to bribery, improper
influence, collusion or the like and that Respondent will not in the future offer, confer, or agree to confer anything of pecuniary
benefit or any other thing of value to any officer, trustee, agent or employee of ACC in return for the person having exercised the
person’s official discretion, power or duty with respect to this proposal; the Respondent certifies and represents that it has not
now and will not in the future, offer, confer, or agree to confer a pecuniary benefit or other thing of value to any officer, trustee,
agent or employee of ACC in connection with information regarding this proposal, the submission of this proposal, the award of
this proposal or the delivery or sale pursuant to this proposal.
I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has
been reviewed by me and the following information furnished is true to the best of my knowledge.
COMPANY NAME:____________________________________________________________
ADDRESS:___________________________________________________________________
CITY, STATE, ZIP:_______________________________
PHONE:____________________
SIGNATURE OF COMPANY OFFICIAL:________________________________________
TITLE:_____________________________________________DATE:___________________
My firm is a publicly-held corporation, therefore, this reporting requirement is not
applicable. OR
My firm is not owned nor operated by anyone who has been convicted of a felony. OR
My firm is owned or operated by the following individual(s) who has/have been convicted of
a felony:
FELONY CONVICTION NOTIFICATION State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History, Subsection (a), states "a
person or business entity that enters into a contract with a school district must give advance notice to the district if the person
or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description
of the conduct resulting in the conviction of a felony."
Subsection (b) states, "a school district may terminate a contract with a person or business entity if the district determines
that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting
in the conviction. The district must compensate the person or business entity for services performed before the termination
of the contract."
THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION
Section 00870 Page 2 Bidder’s Disclaimer Statement
Name of
Felon(s):________________________________________________________________
Details of Conviction(s):
__________________________________________________________
Are you a certified Historically Underutilized Business (HUB)?
Yes No
If yes, with whom are you certified? ____________________
Enter 5 digit certification number: _____________________
MUST BE RETURNED WITH PROPOSAL
Please check corresponding box:
Hispanic American Male Female
Black American Male Female
Asian Pacific American Male Female
Native American (Indian) Male Female
Woman (of any ethnicity) Male Female
Section 00880 Page 1 SBE/MBE/WBE Information
SECTION 00880
SBE/MBE/WBE INFORMATION (11-29-95)
RFP 912-15014RW
1. You are requested to assist Austin Community College District in carrying out its Board mandated
responsibilities to identify and assist business enterprises which are defined as either “small”, “minority”
or “woman owned”, by answering the following questions:
A. [] YES, I QUALIFY AS A SMALL BUSINESS ENTERPRISE
(Please check if you qualify)
“Small Business Enterprise means a corporation, partnership, sole proprietorship or other
legal entity formed for the purpose of making a profit, which is independently owned and
operated, has either fewer than 100 employees or less than $1,000,000 in annual gross
receipts.
B. [] YES, I QUALIFY AS A MINORITY BUSINESS ENTERPRISE
(Please check if you qualify)
“A Minority Business Enterprise means a business at least 50 percent of which is owned by
minority group members, or in case of a public owned business, at least 51 percent of the
stock of which is owned by minority group members. For the purpose of the preceding
sentence, minority group members are citizens of the United States who are Blacks,
Hispanics, American Indians, Native Americans (Eskimos, Aleuts or Native Hawaiians),
Orientals.
C. [] YES, I QUALIFY AS A WOMAN OWNED BUSINESS
(Please check if you qualify)
If you check item B or C above, please complete the following:
Name:_____________________________Race*:_______________________
Years of Ownership:__________________Ownership percentage:__________
_________________________
Date Signature (Individual, General Partner or
Officer of Corporation)
Printed Name of above Signature
2. ACC may ask that the firm provide a State or City certificate to substantiate a claim under item No.1
above.
* Race must correspond to one of the groups identified above.
MUST BE RETURNED WITH PROPOSAL
Section 00890 Page 1 Business Entity Information
SECTION 00890
BUSINESS ENTITY INFORMATION (11-21-95)
RFP 912-15014RW
1. __________________________________________________________________
Name of Individual or Legal Firm Name (Please Print)
2. [] An Individual Business Entity
[] A Partnership Business Entity
[] A Corporation
3. _______________________________________________________________
Street Address City State Zip
_____________________________________________________________________
P.O. Box Zip Area Code Telephone Number
_____________________________________________________________________
Texas Payee Identification Number
4. If the Respondent is an Individual Entity, indicate name; if a Partnership, indicate the names
of all general partners in the space provided; if a Corporation, indicate the officers of the
corporation and their titles in the space provided.
Title:_________________________________Name:___________________________
Title:_________________________________Name:___________________________
Title:_________________________________Name:___________________________
5. The Department will presume, unless otherwise advised, that the general partners of a
partnership or officers of a corporation listed above are authorized to enter into contract on
behalf of their firm. If they desire that additional persons be authorized to execute instruments in
behalf of their firm, please indicate their names below and furnish a Power of Attorney or
Corporate Resolution which contains this authority.
6. If the firm is a partnership or individual proposing to transact business in the State of Texas
under an assumed name, then they must furnish this Department a certified copy of their
Assumed Name Certificate on file with the County Clerk of Travis County, in Austin, Texas, and
furnish the Department a certified copy of said Assumed Name Certificate.
MUST BE RETURNED WITH PROPOSAL
SECTION 00900
BID BOND
KNOW ALL MEN BY THESE PRESENTS: That the undersigned Principal and Surety are
firmly bound to Austin Community College District (“ACC”) sum of
__________________________________DOLLARS ($__________) WHICH IS five PERCENT
(5%) OF THE TOTAL AMOUNT OF THE BID. Now the condition of this bond is this: That whereas the undersigned Principal has submitted to
ACC a Proposal to enter into a certain Contract whereunder Principal would undertake to perform the
following-described Work of construction, alteration or repair:
Round Rock Campus, Building 3000 Drainage Improvements
RFP 912-15014RW
4400 College Park Drive
Round Rock, Texas 78665 NOW, THEREFORE, if the Principal shall, within seven (7) days following acceptance by the
Board of Trustees of ACC of such Proposal and award by such board to said Principal of said Contract,
execute and return such further Contract Documents, together with such bonds as may be required by the
terms of the Proposal as accepted, then this obligation shall be null and void; otherwise, it shall remain in
full force and effect and the amount hereof shall be paid to and retained by ACC as liquidated damages
for Principal’s failure to do so.
PRINCIPAL: SURETY:
_______________________________ _____________________________
By:____________________________ By:____________________________
Title:___________________________ Title:___________________________
Date:___________________________ Date:___________________________
MUST BE RETURNED WITH PROPOSAL
PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That the undersigned Prime Contractor (as
defined in 2267, TX Government Code (Vernon 1994)) (hereafter, the “Principal”) and Surety are firmly
bound to Austin Community College District (“ACC”) in the principal sum of____________________
dollars ($____________) which is 100% of the bid amount.
Now the condition of this bond is this: that, whereas the undersigned Principal has entered into
a certain Contract with ACC, which Contract is dated for reference_____________________, whereunder
Principal undertakes to perform the following-described Work of construction, alteration or repair:
Round Rock Campus, Building 3000 Drainage Improvements
RFP 912-15014RW
4400 College Park Drive
Round Rock, Texas 78665 NOW THEREFORE, if the Principal shall well and faithfully make payment to each and every
Payment Bond Beneficiary (as defined in 2267, TX Government Code (Vernon 1994) supplying labor
and material in the prosecution of the Work provided for in said Contract, then this obligation shall be
null and void; otherwise, it shall remain in full force and effect. Each such Payment Bond Beneficiary
shall have a direct right of action on this bond.
Surety waives notice of any change, extension of time, alteration or addition to the terms of the
Contract or to the Work to be performed thereunder, and of any termination for the Principal’s default of
the Principal’s right to proceed, and agrees and stipulates that no such change, extension of time,
alteration, addition or termination shall, in anywise, affect its obligation on this bond.
PRINCIPAL: SURETY:
_______________________________ _____________________________
By:____________________________ By:____________________________
Title:___________________________ Title:___________________________
Date:___________________________ Date:___________________________
MUST BE RETURNED WITH PROPOSAL
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That the undersigned Principal and Surety are
firmly bound to Austin Community College District (“ACC”) in the Principal sum of
_____________________________________________ dollars ($_______________________) which is
100% of the bid amount..
Now the condition of the bond is this: That, whereas the undersigned Principal has entered into
a certain Contract with ACC, which Contract is dated for reference ______________________,
whereunder Principal undertakes to perform the following-described Work of construction, alteration, or
repair:
Round Rock Campus, Building 3000 Drainage Improvements
RFP 912-15014RW
4400 College Park Drive
Round Rock, Texas 78665 NOW, THEREFORE, if the principal shall faithfully perform the Contract in accordance with the
Contract Documents and shall fully indemnify and save harmless ACC from all costs and damages which
ACC may suffer by reason of Principal’s default or failure to do so, and shall fully reimburse and repay
ACC all outlay and expense which ACC may incur in making good any such default, then this obligation
shall be null and void, otherwise it shall remain in full force and effect.
Surety waives notice of any change, extension of time, alteration or addition to the terms of the
Contract or to the Work to be performed thereunder, and of any termination for the Principal’s default of
the Principal’s right to proceed, and agrees and stipulates that no such change, extension of time,
alteration, addition or termination shall, in anywise, affect its obligation on this bond.
PRINCIPAL: SURETY:
_______________________________ _____________________________
By:____________________________ By:____________________________
Title:___________________________ Title:___________________________
Date:___________________________ Date:___________________________
MUST BE RETURNED WITH PROPOSAL