ESBD_358401_1716234085803_Exhibit L-Special Conditions.pdf

PROJECT SPECIAL CONDITIONS

PO Box 12276, Austin, Texas 78711

PROJECT SPECIAL CONDITIONS

THC Solicitation No. 808-24-241445

1. Insurance

Subsection 5.2.6.1.1 of the Texas Uniform General Conditions for Construction Contracts with THC Supplementary General Conditions, Version 2.2, is hereby amended by adding new Subsections as follows:

5.2.6.1.1.1 Definitions.

• Certificate of coverage (certificate) – includes a copy of a certificate of insurance, a certificate of authority to self-insure issued by the division, or a coverage agreement (DWC Form-81, DWC Form-82, DWC Form-83, or DWC Form-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.

• Duration of the project – includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity.

• Persons providing services on the project (subcontractor in Texas Labor Code Section, LAB

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.

5.2.6.1.1.2 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.

5.2.6.1.1.3 The contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

5.2.6.1.1.4 If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

5.2.6.1.1.5 The contractor shall obtain from each person providing services on a project, and provide to the governmental entity:

• A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project.

• No later than seven business 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.

5.2.6.1.1.6 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

5.2.6.1.1.7 The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

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5.2.6.1.1.8 The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Department of Insurance, Division of Workers’ Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.

5.2.6.1.1.9 The contractor shall contractually require each person with whom it contracts to provide services on a project, to:

• Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;

• 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;

• 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;

• Obtain from each other person with whom it contracts, and provide to the contractor:

▪ A certificate of coverage, prior to the other person beginning work on the project; and

▪ 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;

• Retain all required certificates of coverage on file for the duration of the project and for one year thereafter;

• Notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and

• Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7) of this subsection, with the certificates of coverage to be provided to the person for whom they are providing services.

5.2.6.1.1.10 By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the division. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

5.2.6.1.1.11 The contractor’s failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.

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2. Liquidated Damages

Subsection 9.11 of the Texas Uniform General Conditions for Construction Contracts with THC Supplementary General Conditions, Version 2.2, is hereby amended by adding new Subsections as follows:

9.11.1 Owner is entitled to full and beneficial occupancy and use of the completed Work. If Contractor fails to meet Substantial Completion of any portion of the Work, Owner will sustain actual damages as a result of such failure.

9.11.2 Contractor agrees that:

• establishing the precise measure of damages in the event of default by the Contractor may be (i) costly, (ii) time consuming, or (iii) difficult or impossible to calculate;

• the liquidated damage assessments in this section represent a good faith effort to quantify the damages that could reasonably be anticipated at the time of execution of the Contract;

• the liquidated damages in this section are just and reasonable and are not a penalty;

• nothing contained in this section shall be construed as relieving the Contractor from performing all Contract requirements whether or not said requirements are set forth herein; and

• All assessments of damages shall be within the sole discretion of the Owner.

9.11.3 Time of Completion

9.11.3.1 The Construction Phase will be deemed to commence on the date specified in a Notice to

Proceed issued by Owner. This Notice will also specify the date or number of calendar days by which the project must reach Substantial Completion, as defined in UGC Article 1.

Definitions.

9.11.3.2 Contractor will achieve Substantial Completion of the Work on or before the date set forth in the Notice to Proceed, subject to time extensions granted by Change Order.

9.11.3.3 The Owner and the A/E (if applicable) will review the work in accordance with the procedures described in UGC Article 12. Project Completion and Acceptance, to determine whether the project has reached Substantial Completion.

9.11.3.3.1 If the project has not reached Substantial Completion, the Contractor may be assessed liquidated damages as described below.

9.11.3.3.2 If the project has reached Substantial Completion, the Owner will issue a Certificate of Substantial Completion that will specify the date or number of calendar days by which the project will reach Final Completion.

9.11.3.4 The Owner and the A/E (if applicable) will review the work in accordance with the procedures described in UGC Article 12. Project Completion and Acceptance, to determine whether the project has reached Final Completion.

9.11.3.4.1 If the project has not reached Final Completion, the Contractor may be assessed liquidated damages as described below.

9.11.3.4.2 If the project has reached Final Completion, the Contractor may request Final Payment as described in UGC 12.3 Acceptance and Payment.

9.11.3.5 The times set forth for completion of the Work in the Notice to Proceed with Construction are an essential element of the Contract. Owner may elect, at its option, to stage or “fast-track” portions of the Work. Owner will issue a separate Notice to Proceed or Change Order for each such stage and each such stage will have a separate Substantial Completion date.

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9.11.3.6 Unless specifically stated as “working day,” the term “day” or “calendar day” shall mean every day of the calendar year. Along with the work progress schedule, the Contractor shall submit its schedule for normal working days.

9.11.3.7 Claims extension of time shall be made in accordance with the provisions of Article 9 of the

Uniform General Conditions.

9.11.4 Failure to Meet Substantial Completion Date or Final Completion Date. The failure of the Contractor to meet the Substantial Completion Date or Final Completion Date for any portion of the Work in accordance with the applicable, executed Notice(s) to Proceed or Certificate of Substantial Completion may result in the assessment of liquidated damages in the sum of $250.00 for each calendar day, or part of a day, after the completion dates that the Work remains incomplete. This sum is not construed in any sense as a penalty.

9.11.5 Liquidated Damages Assessment. Once the Owner has determined that liquidated damages are to be assessed, the Owner shall notify the Contractor in writing of the assessment(s). Failure to notify does not impact the Owner’s assessment of damage and is not a condition precedent thereto. The Owner will withhold liquidated damages from payments to the Contractor, or, if no payments have been made, the Owner will make demand of payment of liquidated damages. The Contractor must make payment within 30 days of the Owner’s demand. In the event the Contractor fails to pay within the 30-day period, the Owner may make a claim for payment against the performance bond, with or without notice to the Contractor. In the alternative and at Owner’s sole discretion, the Owner may deduct liquidated damages from the Contract Sum payable to Contractor as stated in the UGCs, Standard Construction Terms and Conditions, or Project Special Conditions.

9.11.6 Failure to Assess Liquidated Damages. The failure of the Owner to assess liquidated damages in any instance where the Owner is entitled to liquidated damages pursuant to the terms of this Contract shall not constitute waiver in any fashion of the Owner’s rights to assessment of liquidated damages.

9.11.7 Severability of Individual Liquidated Damages Clauses. If any portion of Section 9.11 is determined to be unenforceable, the other portions of Section 9.11 will remain in full force and effect.

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3. General

The Texas Uniform General Conditions for Construction Contracts with THC Supplementary General Conditions, Version 2.2, is hereby amended (or replaced) by adding the following new subsections:

3.1. Related Documents

Drawings and general provisions of Contract, including General and Supplementary Conditions and other

Division 1 specification sections, apply to work described in this section.

3.2. Description of Work

Furnish all labor, materials, tools, equipment and incidentals necessary for performance of all work associated with the Chimney Repairs, Reconstructions, and Roof Replacement at Goodnight Ranch State

Historic Site, Texas Historical Commission project number HSD-2022-016, Armstrong County, Texas, such work being as more particularly described in these Special Conditions, the drawings, and elsewhere in these Bidding and Contract Documents.

3.3. Project Administration

This project shall be administered by the Austin office of the Texas Historical Commission, Historic Sites

Division. The project manager in the Austin office of the THC is Glenn Reed, glenn.reed@thc.texas.gov, 512-463-6387. All inquiries regarding interpretation or clarification of the Contract Documents shall be directed to the project manager.

The site manager is Lindsay Adams, Lindsay.adams@thc.texas.gov, 806-944-5591. Inquiries regarding site access, coordination, working hours, weather conditions, temporary utilities, security, visitor safety, parking, staging areas, etc. shall be directed to the site manager.

For the purposes of this contract, the term “A/E” shall refer to the THC.

3.4. Examination of the Site

Bidders shall visit the site and be thoroughly familiar with job conditions prior to submitting a bid. A mandatory pre-proposal conference and guided tour of the project location will be held at the project site

(refer to RFP for details). Failure to properly consider these conditions when preparing bids will not constitute grounds for additional compensation (see UGC, Article 3).

3.5. Intent of Contract Documents (See also UGC, Article 6)

The intent of the Contract Documents is to include all of the work for the contract price and within the contract time. Contract Documents are to be considered as cooperative. All work not specified and/or not shown on the drawings but which is necessary for the completion and/or functioning and operation of the project, shall be understood and implied as part of the contract to be performed by the Contractor for the contract price. Such work shall be executed by the Contractor in the same manner and with the same character of material as other portions of the contract without extra compensation.

Six (6) sets of Drawings, Specifications and Addenda will be furnished to the Contractor, free of charge, if requested.

It is the intention of the Contract Documents to call for finished work, tested, and ready for operation.

• Any apparatus, material or work described in the Contract Documents and any incidental accessories necessary to make the work complete in all respects and ready for operation (even though not particularly specified) shall be furnished, delivered, and installed by the Contractor without additional expense to the Owner.

• Minor details not usually shown or specified but necessary for proper installation and operation are included in the work just as if herein specified or shown.

mailto:glenn.reed@thc.texas.gov mailto:Lindsay.adams@thc.texas.gov

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All work shall be performed and furnished by the Contractor in accordance with accepted construction industry practices. In addition to state and local ordinances, the latest edition of the following industry standards as well as any additional standards set forth in the specifications and/or elsewhere in the Bidding and Contract Documents are incorporated herein and made a part hereof, as applicable: American Concrete Institute; Americans with Disabilities Act Accessibility Guidelines and Texas Accessibility Standards; American Institute of Steel Construction; Concrete Reinforcing Steel Institute; American Society of Heating, Refrigeration and Air Conditioning Engineers; American Society for Testing and Materials; American Water Works Association; National Electric Code; National Fire Protection Association; Underwriters’ Laboratories; Sheet Metal and Air Conditioning Contractors National Association; and the Tile Council of America. Unless otherwise specified, incorporate all new materials and equipment into the Work under the Contract.

A duplication of work is not intended by the Contract Documents and any duplication shall not become a basis for extra cost to the Owner.

Explanatory notes on the drawings shall take precedence over conflicting drawn-out indications.

Figured dimensions on drawings shall take precedence over scale measurements. Where figures are lacking, scale measurements may be followed, but in all cases the measurements are to be checked from the work in place and those measured dimensions taken at the site shall take precedence over scale dimensions in drawings.

Upon discovery by Contractor of errors, omissions or inconsistencies in the Contract Documents, Contractor shall promptly report them to the Architect/Engineer (A/E) and Owner and shall wait for instruction from A/E and Owner prior to proceeding with the work.

In the event of conflict between the Project Special Conditions, the Supplementary Conditions, and the Uniform General Conditions, the following priority order shall apply in resolving such conflicts:

Project Special Conditions, Supplementary Conditions, and then Uniform General Conditions.

The drawings consist of all project drawings and any drawings issued by addenda.

3.6. Addenda

Any Addenda issued in writing by the Owner during the period of bidding shall be included in the bid and

Bidder's receipt of Addenda shall be acknowledged in the bid form. Such Addenda shall become a part of the

Contract and shall modify the Contract Documents accordingly. Oral changes in the work made during the time of bidding will not be binding.

3.7. Permits and Laws (See also UGC Article 3)

If applicable governmental laws, rules, regulations or ordinances conflict with the Contract Documents, then such laws, rules, regulations, or ordinances shall govern instead of the Contract Documents, except in such cases where the Contract Documents exceed them in quality of materials or labor, then the Contract

Documents shall be followed.

3.8. Preconstruction Conference and Progress Meetings (See also UGC Article 3) Prior to, or concurrent with, the issuance of the Notice to Proceed letter and prior to start of work, a conference between the Owner and the Contractor will be held to discuss provisions of the Contract

Documents and to coordinate the work effort. Attendance by Contractor and Contractor’s superintendent(s) is required, along with major trades if requested by Owner. Construction progress meetings may be called at any time by the Owner’s Project Manager, On-Site ODR, or the Contractor to review job progress or problems.

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3.9. Submittals

General (See also UGC Article 8)

3.9.1.1. A standard Submittal Cover Sheet, provided by the Contractor, must accompany each numbered submittal set. One Submittal per Submittal Cover Sheet. The cover sheet shall provide a unique number for each submittal, as well as a means for tracking resubmittals or additional information provided to the Architect/Engineer (A/E) for review under the original submittal number.

3.9.1.2. The number of copies of submittals required for each item shall be not less than one (1) original and three (3) copies for Owner’s use, plus the number of additional copies that the Contractor desires for its own use.

3.9.1.3. The Contractor must double-check and sign all submittals before forwarding them to the Owner for review and action.

3.9.1.4. The A/E will review the submittal data. If there are no exceptions taken to the submittal, the original and three copies will be retained by the Owner. All remaining copies will be returned to the Contractor. The Contractor must keep one copy at the jobsite at all times.

3.9.1.5. If further action is required by the Contractor, Owner will retain three copies of the submittal data for the Owner’s use and return all remaining copies to the Contractor.

3.9.1.6. Any and all costs, direct or indirect, incurred by Owner in reviewing submittals in excess of two

(2) times will be charged to the Contractor and deducted from the total price for the work.

3.9.1.7. Owner’s approval of shop drawings and/or any aspects of the work shall not act to transfer Contractor’s responsibility for, nor relieve Contractor from the performance of any of Contractor’s duties set forth in the contract documents.

Pre-Construction Submittals The following Pre-Construction Submittals shall be submitted by the Contractor for the Owner’s review and approval. Prior to the Pre-Construction Conference, the Owner will provide more specific clarification regarding the requirements for each PR Submittal.

3.9.2.1. Submittal PR-1 – To be submitted to Owner at the Pre-Construction Conference (see also UGC Article 3):

• Contractor’s Superintendent – Name and qualifications of the person designated as project superintendent.

• Subcontractors/Materials Suppliers – List of all subcontractors and major material/equipment suppliers that Contractor and Contractor's major subcontractors propose to use. This list shall include correct names, mailing addresses and phone numbers.

• Contractor’s Authorized Representatives – List of names and titles of Contractor’s representatives authorized to sign contractual documents and construction vouchers.

• Licensed Crafts Persons – List of names, qualifications, and licenses of all licensed craftspersons required by the Contract documents.

3.9.2.2. Submittal PR-2 – To be submitted to Owner at the Pre-Construction Conference:

• Contract Price Breakdown (Schedule of Values), itemizing material and labor for each classification of work (see also UGC, Article 10). Itemization of material and labor costs is required so the Owner may make progress payments on materials delivered. For each bid item or classification of work to be listed in the Type of Work column on the Construction

Voucher Schedule of Values, the Contractor shall multiply the unit bid price by the estimated quantity for each bid item to arrive at the “Contract Cost” for each such bid item.

Contractor shall separately itemize material and labor costs for each such bid item in the

Type of Work column.

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• Construction Progress Schedule (in duplicate) of Contractor’s Proposed Construction Schedule for work tasks in relation to the entire project (see also UGC, Article 9). The Contractor’s schedule must indicate all work tasks as well as differentiate critical path work tasks from non-critical path tasks showing the beginning and ending dates for each critical and non-critical path work task.

Material Submittals – To be submitted to Owner within ten (10) days after issuance of Notice to Proceed and prior to the installation of any materials:

3.9.3.1. Contractor shall submit manufacturer’s information on all materials and equipment, regardless of whether substitutions are being requested.

3.9.3.2. Substitution requests must be submitted early enough to allow time for evaluation by the Owner and for resubmittal, if required. Material substitutions will not be allowed following this 10-day period. Contractor’s substitution requests shall address the following factors which will be considered in evaluating the proposed substitution:

• Whether the evaluation and acceptance of the proposed substitution will prejudice the

Contractor’s achievement of Substantial Completion on time.

• Whether acceptance of the substitution for use in the work will require a change in any of the

Contract Documents to adapt the design to the proposed substitution.

• Whether incorporation or use of the substitution in connection with the work is subject to payment of any license fee or royalty.

• Whether all variations of the proposed substitution from the items originally specified are identified.

• Whether available maintenance, repair, and replacement service are indicated. The manufacturer shall have a local service agency (within 50 miles of the site) which maintains properly trained personnel and adequate spare parts and is able to respond and complete repairs within 24 hours.

• Whether an itemized estimate is included of all costs that will result directly or indirectly from acceptance of such substitution, including cost of redesign and claims of other contractors affected by the resulting change.

• Whether the proposed substitute item meets or exceeds the experience and/or equivalency requirements listed in the appropriate technical specifications.

3.9.3.3. No materials shall be ordered or installed until submittals for such materials have been received and acted upon by the Owner.

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3.10. Quality Assurance (See also UGC Article 8)

The Architect/Engineer (A/E) will periodically inspect the construction progress, procedures, and materials of the Contractor. The Contractor shall coordinate all efforts with the A/E, offer full cooperation to facilitate such observations, and shall be responsive to questions from the A/E regarding methods, equipment, materials, and intentions in pursuing the work or any specific aspect thereof. Such observation by the A/E shall not be construed as construction supervision nor indication of approval of the manner or location in which the work is being performed as being a safe practice or place.

The A/E’s responsibilities include but are not limited to:

3.10.2.1. Providing quality assurance for the Owner.

3.10.2.2. Submitting written reports concerning the current status of the work.

3.10.2.3. Reviewing and verifying to the Owner the amounts shown on the Contractor’s monthly Application and Certificate for Payment.

3.10.2.4. Requesting and receiving payroll and materials invoice amounts from the Contractor.

3.10.2.5. Witnessing testing and confirming in writing to the Owner the results of all tests.

Observations, Notification, and Scheduling

3.10.3.1. The Contractor shall notify the A/E when work is ready for inspection or testing. The Contractor shall give such notifications sufficiently in advance of other work to prevent delays. A minimum of five (5) working days advance notice is required, and Contractor shall include in its work schedule such notice periods for inspections and/or testing.

3.10.3.2. Tests cannot be conducted, and work cannot be covered-up until the A/E observes and authorizes continuation of work. The Contractor shall bear all costs for re-tests and for removal and replacement of construction resulting from unauthorized continuation.

All permanent utilities shall be connected before final tests are conducted for equipment and systems. Final operational tests shall be conducted prior to project acceptance by the Owner. The Contractor shall provide the materials, energy, equipment and personnel to conduct the tests required in the contract.

Contractor's failure to provide notification to Owner of inspection or testing requirements shall void any certifications of testing and shall require the Contractor to re-test at the Owner’s request. All expenses for re-testing shall be paid by the Contractor.

The Owner may reject work not conforming to the contract documents. If the Owner rejects work and/or materials incorporated into the project, Contractor shall bear all expenses associated with testing to prove compliance with the Contract Documents, including but not limited to engineering/architectural expenses associated with such testing. Any and all such expenses that are paid directly by Owner shall be deducted or withheld from subsequent payment(s) to the Contractor.

3.11. Invoices/Pay Requests and Change Orders

All work items for which Contractor requests payment shall reflect the project number with which those work items are associated. Change Order pricing for items that are already priced in the Contractor’s bid shall be limited to such price(s) set forth in such bid and shall not be entitled to additional mark-up for overhead and profit.

3.12. Contract Close-Out (See also UGC Article 12)

Notifications ‒ The Contractor shall provide Owner 10-days' written notice when requesting final inspection.

Final Submittals ‒ Prior to the time of the Contractor’s request for final inspection, Contractor shall provide to Owner the following material (in addition to final payment documents also required by UGC Article 12 and set forth below in Subsection 3.12 D) which the Contractor shall have accumulated and retained during the course of the project:

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Release of Lien PDF

ALL Subcontractors submitted individually to GC, compiled and submitted by GC to Owner

Warranties

1-year Workmanship, or other duration required by the specifications, for GC and ALL Subcontractors

PDF

Manufacturer’s Warranties.

Online registration is required for some equipment and systems, notably HVAC and roofing.

This must be done by the Contractor or its subcontractor(s). Owner must receive information necessary to contact manufacturer online for warranty claim – username & password for log-in to manufacturer’s website.

PDF and online

Certifications, as applicable PDF

AIA G704 Certificate of Substantial Completion

Fire Compliance Inspection Report - Fire Alarm, Automatic Sprinkler or other Fire Suppression by State Fire Marshal’s Office or local Authority Having Jurisdiction (AHJ).

Material & Test Report for underground piping

Construction Materials Test Report for materials construction contract specifies for testing

HVAC Test & Balance Report, if services obtained by contractor

TX Dept of Insurance (TDI) Windstorm Certification

Health Department Certification of Water Quality

Certification of non-asbestos containing materials

Submittals, as applicable

Approved submittals PDF

Approved product samples actual

Final color & finish schedule PDF

Confirmation of attic stock, delivered to Owner as specified PDF

Operation and Maintenance (O&M) Manuals PDF

For all products, systems, and equipment if required by the specifications

Any training materials related to the operation of the HVAC system or other systems or components

PDF or video

As-constructed Documents: Sealed construction documents, GC updated during construction PDF

ONE bound set FULL SIZE, ONE bound set HALF SIZE, printed from PDF of Drawings printed

ONE bound set in 3-ring binder printed from PDF of Specifications printed

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3.12.2.1. As-constructed documents. The Contractor shall maintain on a separate set of the Contract Documents a record of all changes made during construction. The Contractor shall be responsible for keeping these records and neatly noting with colored pencil or ink all changes. Progress payments will not be made to the Contractor unless such records are maintained. Verification by the On-Site ODR of such records is solely for assurance that the records are being maintained. Such observations shall not constitute review or approval of the as-constructed drawings for accuracy or completeness.

3.12.2.2. Any other documents, keys, manuals, attic stock, etc. required by the Contract Documents.

Cleanup ‒ At completion of the job, the Contractor shall remove all waste products, dust, dirt, debris, packaging, trash, fingerprints, grease containers, and other deleterious materials and marks from the site. Refer to individual specification sections for special cleaning required by that section.

Contractor is expected to leave the project in spotless, “like new” condition.

Final Payment ‒ Submit final construction voucher, Consent of Surety Company to Final Payment, and the Contractor’s Final Payment Affidavit.

3.13. Contractor’s Responsibility During the Warranty Period (See also UGC Article 13)

Warranties ‒ The Contractor shall guarantee all work against defects in materials, equipment, or workmanship for a period of one year from the date of final acceptance. The Contractor shall also provide any additional warranties and guarantees of work items and components as hereinafter specified.

Service ‒ All necessary service to each electrical and mechanical system and other work requiring specialized training shall be furnished by the Contractor at no cost to the Owner for a period running concurrently with the one-year warranty period specified above. Such service shall not include repair of damage due to storm, vandalism, or other factors entirely beyond the control of the Contractor.

Compensation ‒ The Contractor will receive no additional compensation for work performed during the one-year warranty period.

3.14. References and Standards

In addition to state and local ordinances, the latest edition of the following industry standards as well as any additional standards set forth in the specifications and/or elsewhere in the Bidding and Contract Documents are incorporated herein and made a part hereof, as applicable:

ACI American Concrete Institute ADA Americans with Disabilities Act Accessibility Guidelines AISC American Institute of Steel Construction CRSI Concrete Reinforcing Steel Institute ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers ASTM American Society for Testing and Materials AWWA American Water Works Association ECDS Energy Conservation Design Standards for New State Buildings NEC National Electric Code NFPA National Fire Protection Association UL Underwriters’ Laboratories SMACNA Sheet Metal and Air Conditioning Contractors National Association TAS Texas Accessibility Standards TCA Tile Council of America TXDOT Texas Department of Transportation UBC Uniform Building Code UPC Uniform Plumbing Code UMC Uniform Mechanical Code

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3.15. Artifacts

Contractor shall take precautions to avoid disturbing primitive records, antiquities, and artifacts of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without written permission from the Texas Historical Commission. When such objects are uncovered unexpectedly, the Contractor shall stop all Work in close proximity and notify the ODR of their presence and shall not disturb them until written permission and permit to do so is granted. All artifacts, as defined in Title 13, Section 26.3(7) of the Texas Administrative Code, discovered on the Owner’s property shall remain property of the State of Texas and THC. If it is determined by Owner, in consultation with the THC, that exploration or excavation of primitive records, antiquities, or artifacts on the Project Site is necessary to avoid loss, Contractor shall cooperate in salvage work attendant to preservation.

3.16. Minimum Experience Required

The Contractor was competitively selected based on criteria established in the Request for Proposals, including the experience and qualifications of the Contractor’s project manager and site superintendent.

These experience and qualification requirements shall remain in effect throughout the project. Changes in the

Contractor’s assigned project personnel that reduce the experience and qualifications level of the assigned staff shall not be permitted. Any proposed change in assigned personnel must be submitted to the Owner in advance and in writing, along with supporting documentation and resumes of proposed new personnel. The

Owner is not obligated to approve any proposed change in personnel, and without such approval the change shall not be allowed.

4. Products

4.1. Construction Materials

Materials

4.1.1.1. Unless otherwise specified, all materials shall be new and of the quality specified. In certain cases, materials used for historic restoration work will be salvaged or reclaimed material. However, no such materials shall be used unless specified as such. Materials shall be free from defects. Where manufacturer’s names are mentioned in the specifications, it has been done in order to establish a standard of quality and construction, not to preclude the use of equal or superior materials or products of other manufacturers. However, substitutions must have Owner’s prior approval.

4.1.1.2. Unless otherwise indicated in the specifications or drawings, equipment and material shall be installed in accordance with the manufacturer’s recommendations and shall include such tests as manufacturer recommends.

Storage and Protection of Materials

4.1.2.1. All materials shall be suitably stored to be protected from damage. Water-tight storage facilities of suitable size with floors raised above the ground shall be provided for all materials subject to damage from exposure to the weather. Other materials shall be stored on blocks off the ground.

Materials shall be stored to permit easy access for inspection and identification. Any material which has deteriorated, become damaged or otherwise unfit for use shall not be used in the work (as judged by Owner). Upon completion of all work, or when directed, the Contractor shall remove storage facilities from the site.

4.1.2.2. During construction, open ends of all drains, piping and conduit, and all openings in equipment, shall be closed before leaving the work at any time so as to prevent the entrance of all foreign matter.

THC Solicitation No. 808-24-241445 Page 13 of 15

4.2. General Security Policy

Contractor shall provide notice to THC Project Manager within twenty-four (24) hours of

Contractor’s discovery or reasonable belief that there has been unauthorized use, exposure, access, disclosure, compromise, modification, or loss of construction materials (“Security Incident”).

Within twenty-four (24) hours of the notification of a Security Incident, Contractor shall provide a written report to THC Project Manager detailing the circumstances of the incident, which includes at a minimum, if available:

4.2.1.1. A description of the nature of the Security Incident.

4.2.1.2. The type of theft or damage involved.

4.2.1.3. Who may have caused the theft or damage.

4.2.1.4. What steps Contractor has taken or will take to investigate the Security Incident.

4.2.1.5. What steps Contractor has taken or will take to mitigate any negative effect of the Security Incident.

4.2.1.6. A point of contact for additional information.

Each day thereafter until the investigation is complete, Contractor shall provide THC Project

Manager with a written report regarding the status of the investigation and the following additional information as it becomes available:

4.2.2.1. Who is known or suspected to have gained unauthorized access to the site.

4.2.2.2. Whether there is any knowledge the site has been abused or compromised.

4.2.2.3. What additional steps Contractor has taken or will take to investigate the Security Incident.

4.2.2.4. What steps Contractor has taken or will take to mitigate any negative effect of the Security Incident.

4.2.2.5. What corrective action Contractor has taken or will take to prevent future similar unauthorized use or disclosure.

Contractor shall confer with THC Project Manager regarding the proper course of the investigation and risk mitigation. THC reserves the right to conduct an independent investigation of any Security Incident, and should THC choose to do so, Contractor shall cooperate fully by making resources, personnel, and systems access available to THC and THC’s authorized representative(s).

If THC, in its sole discretion, elects to send its own separate notice, then all costs associated with preparing and providing notice shall be reimbursed to THC by Contractor. If Contractor does not reimburse such costs within thirty (30) days of THC’s written request, then THC shall have the right to collect such costs.

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5. Execution

5.1. Construction Site and Job Conditions

The Contractor’s Superintendent shall be on site at all times that work is in progress.

The Contractor will be provided with designated space in the immediate vicinity of the job site for its use during construction. Unauthorized damage to any existing utilities, building facilities, structures, or plant life shall be repaired by the Contractor at no expense to the Owner. The Contractor shall not allow any unsafe or unsanitary conditions to develop as a result of Contractor's operations.

The Contractor shall not allow trash or debris to accumulate on the site. At the end of the contract Contractor shall clean the entire area of any litter resulting from Contractor's operations. The Contractor shall maintain the premises as clean and presentable as good construction practices will allow at all times.

Utilities: Water and electrical power are available and will be furnished by the Owner at no charge to the Contractor. However, any temporary connections, appurtenances or extensions shall be provided by the Contractor at no cost to the Owner and removed from the premises at the conclusion of the contract. Contractor shall provide cellular telephone service at all times and shall keep Owner informed of telephone number.

Field Office: The Owner will provide the Contractor with a site on which the Contractor may place a small, temporary office structure.

Temporary Toilets: The Contractor shall provide and maintain in neat, sanitary condition toilets and other necessary accommodations for employees’ use to comply with the regulations of the State Department of Health or other jurisdictions.

Fire Protection: The Contractor shall take stringent precautions against fire. Open fires are not allowed unless approved in writing by Owner. Smoking shall be permitted only in clearly marked, designated areas that have been approved by the Owner during the Pre-Construction Conference.

Smoking is strictly prohibited inside, or within 15 feet of, any structure.

Project Identification: The THC will provide a template for a project identification sign to be provided and installed by the Contractor. The sign will be four feet by eight feet, oriented vertically and supported by two posts set into the ground in a location approved by the THC. The sign will identify the site name, project name, Owner, Architect and consultants, and General Contractor, and will include one graphic image of the project. No other identifying/advertising type signage will be permitted on the site. The cost of the sign fabrication and installation will be paid by the Contractor

5.2. Occupational Safety and Health Standards (See also UGC Article 7) Prior to trenching below a depth of four (4) feet (if applicable), a Contractor must submit separate pay items for: (i) trench safety to be determined by the linear feet of trench excavated, and (ii) special shoring requirements, if any, to be determined by the square feet of shoring used, pursuant to Texas Government

Code, Title 10, Chapter 2166, Section 2166.303. Such pay item(s), following calculation as required above, shall be quoted on the basis of a total lump sum price.

5.3. Layout of Work and Surveys

The Contractor, at Contractor’s expense, shall be responsible for establishing base lines, and benchmarks if applicable, for the limits of the project. The Contractor shall also be responsible for all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the drawings, subject to such modifications as the Owner may require to meet changed conditions or as a result of necessary modifications to the work.

5.4. Site Operations

During construction of this project the Goodnight Ranch State Historic Site will remain open to the public, but the Ranch House will be closed to the public. Access to the building by THC staff shall be maintained throughout the project, but THC staff will coordinate such access with the Contractor. The Contractor shall

THC Solicitation No. 808-24-241445 Page 15 of 15 be responsible for public safety at the construction site. All temporary fencing, barricades, warning lights, signs, and flagmen shall be provided and maintained by Contractor as needed.

5.5. Cutting and Patching

Original Condition Restoration

Where indicated in the Contract Documents, this project requires cutting into existing construction for the performance of the work and requires subsequent fitting and patching to restore the existing work to original condition.

Utilities

5.5.2.1. Contractor shall not cut or patch utilities until all necessary approvals and coordination requirements are accomplished.

5.5.2.2. Before cutting services that are to remain permanently or temporarily in service, Contractor shall provide by-pass system(s) as necessary to maintain service.

5.5.2.3. After by-pass and cutting, Contractor shall cap, valve or plug and tightly seal remaining portion of service piping or conduit to prevent entrance of moisture and foreign matter.

Structural Work Contractor shall not cut or patch structural work in a manner that would result in a reduction of load-carrying capacity or of load-deflection ratio.

Inspection

5.5.4.1. Before cutting, Contractor shall examine items to be cut and patched and the conditions under which the work is to be performed. If unsafe or otherwise unsatisfactory conditions are encountered, Contractor shall take corrective action before proceeding with the work.

5.5.4.2. Contractor shall meet at the work site with all trades involved in cutting and patching.

Contractor shall review areas of potential interference and conflict between the various trades and shall coordinate layout of the work and resolve potential conflicts before proceeding with the work.

Historic Materials The materials and assemblies that comprise a historic building are, by their nature, irreplaceable. It is the

Owner’s intention to retain and preserve all historic materials and assemblies at historic structures. Any cutting, modification, or removal of such materials that is not specifically described in the Construction

Documents must be approved in writing by the Owner before any such work is undertaken.

END OF SECTION