REQUEST FOR PROPOSALS (RFP) RFP No. 912-15014RW Project ... · REQUEST FOR PROPOSALS (RFP) Austin Community College District (ACC) invites qualified firms to submit proposals to provide

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Proposals may not be withdrawn for a period of fourteen (14) days subsequent to the date and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 [email protected] 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.


http://www.austincc.edu/purchase/advertisedbids.php

mailto:[email protected]

http://www.austincc.edu/purchase/advertisedbids.php%20on%20March%2013

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


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.


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 [email protected] . 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

mailto:[email protected]

http://www.austincc.edu/purchase/advertisedbids.php


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.


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.

http://www.austincc.edu/ehs/contractorsafety.php


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


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.


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.



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.


1.03 Criteria Three: HUB/MWE Participation

A. Provide a detailed plan to encourage and utilize HUB/MWE businesses


1.04 Criteria Four: Project Schedule

A. Provide a critical-path schedule or timeline from notice-to-proceed to final approval.


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?


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.


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.



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.


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


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


RFP 912-15014RW



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: _____________________________________


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:


Section 00700 Page 1 General Conditions

SECTION 00700

GENERAL CONDITIONS

AUSTIN COMMUNITY COLLEGE DISTRICT

PROJECT: RRC.14.002


RFP 912-15014RW



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.


(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


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;


(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.


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.


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.


(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


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.


(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


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


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.


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.


(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.


(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


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


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


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


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.


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.


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


(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";


(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.


(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.

http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.2258.htm


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


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.


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 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.


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.


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.


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.


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

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BOIL0074-003 01/01/2014

Rates Fringes

BOILERMAKER......................$ 23.14 21.55

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CARP1266-002 04/01/2014


Rates Fringes

CARPENTER (Excludes

Acoustical Ceiling

Installation, Drywall

Hanging, Form Work, and Metal

Stud Installation)...............$ 20.75 7.30

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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

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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.

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ENGI0450-002 04/01/2014

Rates Fringes

POWER EQUIPMENT OPERATOR

Cranes......................$ 34.85 9.85

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IRON0084-011 06/15/2014

Rates Fringes

IRONWORKER, ORNAMENTAL...........$ 22.02 6.35

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IRON0482-012 12/01/2013


Rates Fringes

IRONWORKER, STRUCTURAL...........$ 20.60 5.70

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PLUM0286-010 06/01/2013

Rates Fringes

PIPEFITTER (Including HVAC

Pipe Installation)...............$ 27.03 10.40

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SFTX0669-002 07/31/2014

Rates Fringes

SPRINKLER FITTER (Fire

Sprinklers)......................$ 26.36 16.52

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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

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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


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


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

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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)).

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The body of each wage determination lists the classification

and wage rates that have been found to be prevailing for the

cited type(s) of construction in the area covered by the wage

determination. The classifications are listed in alphabetical


order of "identifiers" that indicate whether the particular

rate is a union rate (current union negotiated rate for local),

a survey rate (weighted average rate) or a union average rate

(weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed

in dotted lines beginning with characters other than "SU" or

"UAVG" denotes that the union classification and rate were

prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of

the union which prevailed in the survey for this

classification, which in this example would be Plumbers. 0198

indicates the local union number or district council number

where applicable, i.e., Plumbers Local 0198. The next number,

005 in the example, is an internal number used in processing

the wage determination. 07/01/2014 is the effective date of the

most current negotiated rate, which in this example is July 1,

2014.

Union prevailing wage rates are updated to reflect all rate

changes in the collective bargaining agreement (CBA) governing

this classification and rate.

Survey Rate Identifiers

Classifications listed under the "SU" identifier indicate that

no one rate prevailed for this classification in the survey and

the published rate is derived by computing a weighted average

rate based on all the rates reported in the survey for that

classification. As this weighted average rate includes all

rates reported in the survey, it may include both union and

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.


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.

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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


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




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




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: _____________________


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


“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


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.


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.


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:


RFP 912-15014RW


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:___________________________


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:


RFP 912-15014RW


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:___________________________


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:


RFP 912-15014RW


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:___________________________
