ESBD_378722_1728500992808_WT-3101_Computer Center Roof Replacement_SSC Bid Package_24.10.09.pdf

SSC Services for Education Facilities Services Revised 07/2018

NOTICE OF PROJECT (NOP) - Regions POSTED ON BEHALF OF SSC BY West Texas A&M University

Attention: Bryon McCafferty Date of Request: 10/9/2024

PROJECT INFORMATION

Project Number: WT-3101 Project Name: Computer Center Roof Replacement Project Location: Building #0666- Computer Center 101 25th Street Canyon, TX 79016 Project Start Date: 12/30/2024 Project Finish Date: 1/17/2025 Project Description: Roof Replacement

DOCUMENT ACQUSITION INFORMATION

RFP & Construction Documents (CSP) and information are available electronically at (web link): https://app.e-builder.net/public/publicLanding.aspx?QS=f5636dedaa754ac4ad49fe5eeaa476a4

SUBMISSION INFORMATION

Submissions are due by Date: 11/8/2024 Time: 9:30 A.M. for Hub Review, 10:00 A.M. for Bid Opening

Mail or Hand-deliver to: SSC Service Solutions WTAMU Facilities 2401 Russell Long Blvd.

Attn: Jonathan Morris Canyon, TX 79016

HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

HUB Subcontracting Plan Required: Yes ☒ No ☐ If yes, monthly HUB Progress Assessment Reports (PARs) are required with each pay application.

Contact Bryon McCafferty at 806-651-2111 or bmccafferty@wtamu.edu with all HUB related questions.

QUERY INFORMATION

Pre-proposal Meeting Location (if applicable): WTAMU/SSC Physical Plant Date: 10/15/2024 Time: 10:00AM Inquiries regarding the submission process/requirements should be directed to SSC Project Manager: Jonathan Morris Email: jonathan.morris@sscserv.com Phone: 806-690-2210

If applicable, inquiries regarding the technical aspects of the Construction Documents shall be directed to:

A/E Contact: Greg Carroll A/E Firm: ARMKO Industries, Inc.

Email: gcarroll@armko.com Phone: 806-789-3267

Revised 08/2022

CSP Part 1 - Proposal Form & Pricing Schedule Projects over $100,000

Page - 1 of 4

SSC SERVICES FOR EDUCATION

COMPETITIVE SEALED PROPOSAL

PART 1

PROPOSAL FORM & PRICING SCHEDULE

SECTION 00 42 13

WTAMU, Canyon, TX Project No.: WT-3101 Project Title: Computer Center Roof Replacement

__________________________________________doing business as _________________________________

Business Name (Corporation, Partnership or Individual) hereby proposes to furnish and install all work required by the Contract Documents that includes, SSC Uniform General and Supplementary Conditions ("UGSC"), SSC Special Conditions, the Drawings, the Project Manual/Specifications and any Addenda issued prior to the Proposal.

The "Total Contract Cost" shall include the cost of delivery, insurance, bonds, taxes, labor, materials, supervision, overhead, profit, incidentals and the use of all equipment and tools required to complete the work. The proposed Contract Cost, indicated in the Pricing Schedule included shall constitute full compensation for work required by the Contract Documents and the Addenda.

The RESPONDENT certifies that this proposal is made in good faith, without collusion or connection with any other person or persons offering a proposal for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the Construction Documents for the work to be accomplished, all of which have been examined by the RESPONDENT.

All work required by the Contract Documents and enumerated in the Pricing Schedule included, whether specifically mentioned, included by implication or appurtenant thereto, shall be performed by the RESPONDENT, irrespective of whether it is named in the Pricing Schedule.

The Proposal will remain subject to acceptance for 90 calendar days after submittal, or for such longer time as the RESPONDENT may agree to in writing upon request by the Owners Designated Representative

(ODR).

The RESPONDENT will submit a construction schedule and execute the contract within 10 business days after notification of contract award.

Revised 08/2022

CSP Part 1 - Proposal Form & Pricing Schedule

Page - 2 of 4

DESCRIPTION TOTAL PRICE

Contractor must list an amount for each line item as required for the scope of this project OR bid will be disqualified for being incomplete. Blank division entries are acceptable if the division is not in the scope of work.

Division 01 - General Requirements

Division 02 - Existing Conditions

Division 03 - Concrete

Division 04 - Masonry

Division 05 - Metals

Division 06 - Wood, Plastics and Composites

Division 07 - Thermal and Moisture Protection

Division 08 - Openings

Division 09 - Finishes

Division 10 - Specialties

Division 11 - Equipment

Division 12 - Furnishings

Division 13 - Special Construction

Division 14 - Conveying Equipment

Division 21 - Fire Suppression

Division 22 - Plumbing

Division 23 - Heating, Ventilating, and Air Conditioning (HVAC)

Division 25- Integrated Automation

Division 26 - Electrical

Division 27 - Communications

Division 28 - Electronic Safety and Security

Division 31 - Earthwork

Division 32 - Exterior Improvements

Division 33 - Utilities

Division 34 - Transportation

Division 44 - Pollution Control Equipment

Division 45 - Industry-Specific Manufacturing Equipment

BASE PROPOSAL AMOUNT

Revised 08/2022

CSP Part 1 - Proposal Form & Pricing Schedule

Page - 3 of 4

ITEM NO. 1 - BASE PROPOSAL AMOUNT

The amount for the complete construction of Old Main Roof Replacement, including all general, plumbing, mechanical, and electrical work indicated on the drawings by ARMKO Industries, Inc. dated 10/21/2022:

__________________________________________________________Dollars $_________________________

SUBSTANTIAL COMPLETION DATE

After Commitment Approval or Notice to Proceed is issued by SSC Services for Education, all of the work shall be substantially completed within ______ calendar days. Number of days listed must include materials & equipment lead times and construction duration. Final Completion shall be achieved within 30 consecutive calendar days after the date of Substantial Completion as determined by the ODR.

ALTERNATES: BIDDER MUST INDICATE WHETHER EACH ALTERNATE IS AN ADD OR DEDUCT. ALTERNATES NOT

INDICATED AS AN ADD OR DEDUCT WILL BE DEEMED AN ADD.

ALTERNATE 1 – (N/A)

(CONTRACTOR TO INDICATE ALTERNATE AS AN ADD OR DEDUCT ALONG WITH A DOLLAR AMOUNT AND A NUMBER OF DAYS. IF THAT NUMBER IS “0”, CONTRACTOR MUST WRITE “0”. ITEMS LEFT BLANK WILL BE DISQUALIFIED FOR BEING INCOMPLETE.)

ADD/DEDUCT_________________________________________________________________________ Dollars ADD/DEDUCT________________ Calendar Days

ALTERNATE 2 – (N/A)

(CONTRACTOR TO INDICATE ALTERNATE AS AN ADD OR DEDUCT ALONG WITH A DOLLAR AMOUNT AND A NUMBER OF DAYS. IF THAT NUMBER IS “0”, CONTRACTOR MUST WRITE “0”. ITEMS LEFT BLANK WILL BE DISQUALIFIED FOR BEING INCOMPLETE.)

ADD/DEDUCT_________________________________________________________________________ Dollars ADD/DEDUCT________________ Calendar Days

ALTERNATE 3 – (N/A)

(CONTRACTOR TO INDICATE ALTERNATE AS AN ADD OR DEDUCT ALONG WITH A DOLLAR AMOUNT AND A NUMBER OF DAYS. IF THAT NUMBER IS “0”, CONTRACTOR MUST WRITE “0”. ITEMS LEFT BLANK WILL BE DISQUALIFIED FOR BEING INCOMPLETE.)

ADD/DEDUCT_________________________________________________________________________ Dollars ADD/DEDUCT________________ Calendar Days

ADDENDA – Contractor must list number of Addenda issued.

Respondent has received the following Addenda to the Request for Proposals, but agrees and understands that it will be responsible for performing the Work in accordance with all terms and conditions in all Addenda issued in connection with the Request for Proposals, and that it’s Proposal will be construed to include all requirements of all such Addenda.

Addenda No.( )

NOTE: Failure to acknowledge Addenda (if applicable) will result in disqualification.

Revised 08/2022

CSP Part 1 - Proposal Form & Pricing Schedule

Page - 4 of 4

The undersigned Respondent has carefully examined and considered the Project Site and relevant conditions and circumstances for the Work, information and requirements set out in the Request or Instructions for Proposals, the Drawings and Project Manual/Specifications, and the requirements of the proposed Contract Documents, including the ODR’s Agreement, the Uniform General and Supplemental Conditions, Special Conditions, and Tex.

Gov. Code pertaining to Prevailing Wages Rates, in making this Proposal. Capitalized terms used but not otherwise defined in this Proposal Form shall have the same meanings as designated in the Request for Proposals.

The undersigned Proposer further agrees to the following conditions:

1. An incomplete Proposal or one having additional information or other modifications or qualifications inscribed thereon, may be cause for rejection of the entire Proposal.

2. That, if accepted by the Owner ODR, this Proposal becomes a part to the Contract Documents upon the signing of the Contract Agreement, and failing to comply with any part of this Bid will be taken as failure of the Proposer to comply with the Contract Documents, and will be just cause for rejection of the Work.

3. That the Owner reserves the right to reject any or all Proposals and waive any or all informalities and irregularities or to accept any Proposal considered advantageous to him.

RESPONDENT:

Company Employer Federal Identification Number (EIN)

By:

Signature

Title Company Phone Number

Date Company Email or Fax Number

Company Contact and Address for Invoice

END OF SECTION

Revised 02/2022

CSP Part 2 - Technical Proposal

Page - 1 of 5

PART 2

TECHNICAL PROPOSAL

SECTION 00 45 16

SSC Services for Education WTAMU, Canyon, TX Project No.: WT-3101 Project Title: Computer Center Roof Replacement

NOTE: Contractor must complete each item pertaining to this form or bid may be disqualified for being incomplete.

FALSIFICATION OF ANY INFORMATION ON THIS PROPOSAL MAY RESULT IN DISQUALIFICATION.

General Contractor's Name:

Address:

City, State, Zip:

Telephone No.: E-Mail:

State Comptroller Vendor Identification Number:

1.0 GENERAL

1.1 Qualification information submitted shall be applicable only to the Contractor’s office that will perform this Work.

2.0 COMPANY INFORMATION & HISTORY

2.1 Corporation Partnership Sole Proprietorship Joint Venture Limited Liability Company State of Organization:

2.2 How many years has organization been in business as a contractor?

2.3 How many years has your organization been in business under its present business name?

2.4 Under what other or former names has your organization operated?

2.5 List other fully staffed offices or fully staffed branch offices of your organization:

Name/Location Branch Manager Telephone Number

2.6 Corporate Officers, Partners or Owners of Organization:

Name Title Construction Experience

Page - 2 of 5

2.7 If your organization is a corporation, answer the following:

Date of incorporation:

State of incorporation:

President’s name:

Vice-president’s name(s):

Secretary’s name:

Treasurer’s name:

2.8 If your organization is a partnership, answer the following:

Date of organization:

Type of partnership, if applicable:

Name(s) of general partner(s):

2.9 If your organization is individually owned, answer the following:

Date of organization:

Name of owner:

2.10 If the form of your organization is other than those listed above, describe it and name principals:

2.11 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable.

2.12 List jurisdictions in which your organization’s partnership or trade name is filed.

3.0 LITIGATION/CLAIMS

3.1 Has your organization ever failed to complete any work awarded to it as YES NO contracted, that resulted in termination of the contract?

3.2 Are there any judgements, claims, arbitration proceedings or suits YES NO pending or outstanding against your organization or its officers made by your customers?

3.3 Has your organization filed any lawsuits or requested arbitration with YES NO regard to construction contracts within the last five years?

3.4 Within the last five years, has any officer or principal of your organization YES NO ever been an officer or principal of another organization when it failed to complete a construction contract?

Page - 3 of 5

4.0 EXPERIENCE & QUALIFICATONS

4.1 List categories of work that your organization normally performs with its own forces.

4.2 Propose to perform % of the work for this project with own forces.

(List Trades)

4.3 List major construction projects of similar scope and size where General Contractor acted as prime of publically funded projects. Using a similar format to that shown below list projects your organization has in-progress and/or has completed (Limit 10 projects) within the past 5 years:

(Include as attachment at end of this document titled as “Current & Past Projects”)

FOR EXAMPLE ONLY

Name and Location of Project: __________________ _____________________ Contract Amount:_____________ ______ Percent Complete:

Contract Start Date:

Contractual Completion Date:

Actual Completion Date:________________

Owner Reference Contact:

Name Telephone

Physical Address

Email:______________________________________

A/E Reference Contact:

Name Telephone

Physical Address Email:______________________________________

PROJECT PHOTO HERE

Page - 4 of 5

4.4 Total number and dollar amount of contracts currently in progress:

Number $

4.5 Largest single contract amount currently in-progress: $

Project Name:

Projected Completion Date:

4.6 Volume of work completed over last 5 years: (Through 12/31) 2021 $ 2020 $ 2019 $ 2018 $ 2017 $

5.0 REFERENCES

5.1 Client References: _________________________________________________________

5.2 Trade References:

5.3 Bank References:

5.4 Surety

Name of bonding company:

Name and address of agent:

6.0 ABILITY & QUALIFICATIONS OF PROFESSIONAL PERSONNEL

6.1 Project Organization Chart (Please attach at the end of this document)

6.2 Detailed resumes of individuals assigned to this project including project manager, superintendent, project scheduler/expediter, and quality control supervisors as applicable. (Please attach at end of this document)

6.2.1 Resumes of your key personnel shall include professional affiliations such as membership in the American Institute of Constructors and if the individual is a Level I or Level II Certified Professional Constructor.

6.2.2 In addition, a listing of other construction personnel within your organization that are members of the American Institute of Constructors shall be included and their respective level of certification.

Page - 5 of 5

6.3 Approximate amount of time each project team member is expected to spend on the project:

7.0 PROJECT APPROACH & METHODOLOGY

7.1 Provide methodology on meeting the parameters/expectations of the specific project. (If additional space is needed please insert additional sheets at the end of this document):

8.0 LIST OF SUBCONTRACTORS

8.1 Please list all subcontractors

proposing to use on this project. (If additional space is needed please insert additional sheets at the end of this document):

9.0 PROPOSED PROJECT SCHEDULE

9.1 List procedures outlining how the contractor will update the

Architect & ODR on progress of the project work schedule in order to meet the established contractual completion date:

9.2 Please attach proposed project schedule in Gantt format at the end of this document.

(Stating “will do when awarded project” is not accepted as an answer.)

Revised 01/2023

CSP Part 3 - Safety, Risk Assessment & Accident Prevention, & Quality Control

Page - 1 of 2

Part 3

SAFETY, RISK ASSESSMENT & QUALITY CONTROL

SECTION 00 45 17

West Texas A&M University, Canyon, TX Project No.: WT-3101 Project Title: Computer Center Roof Replacement

NOTE: Contractor must complete each item pertaining to this form or bid may be disqualified for being incomplete.

FALSIFICATION OF ANY INFORMATION ON THIS PROPOSAL MAY RESULT IN DISQUALIFICATION.

General Contractor's Name:

Address:

City, State, Zip:

Telephone No.: E-Mail:

State Comptroller Vendor Identification Number:

1.0 SAFETY PROGRAM

1.1 List your organization's Workers Compensation Experience Modification Rate (EMR) for the last three years, as obtained from your insurance agent. Provide proof in the form of a letter from your Insurance Agent. If you do not have an EMR rating provide name and contact information for your Insurance Agent.

2022 Average (3 years)

Insurance Company Name:

Agent Name:

Agent Phone #:

Agent Email:

1.2 OSHA Recordable Incident Rate. Attach your OSHA 300A log or similar documentation of company’s injuries if the OSHA 300A log is not required due to the size of your company:

The OSHA Recordable Incident Rate (or Incident Rate) is calculated by multiplying the number of recordable cases by 200,000, and then dividing that number by the number of labor hours at the company.

Number of OSHA Recordable Cases X 200,000

IR = -------------------------------------------------------------------

Number of Employee labor hours worked

IR = _________________________________________

Revised 01/2023

CSP Part 3 - Safety, Risk Assessment & Accident Prevention, & Quality Control

Page - 2 of 2

1.3 Are regular project safety meetings held? Yes No

If yes, frequency: Weekly Bi-monthly Monthly As Needed

1.4 Are project safety inspections conducted? Yes No

If yes, who performs inspection?

How often?

Who is required to attend?

1.5 Does organization have a written safety program? Yes No

If yes, provide a copy. It will become a compliance document upon contract award.

2.0 SITE SPECIFIC RISK ASSESSMENT

2.1 Submit a complete Risk Assessment Program for this specific project at the end of this section.

3.0 QUALITY CONTROL PROGRAM

3.1 Submit a complete quality control program for this project which will become a compliance document upon contract award.

3.2 This plan should address all aspects of quality control including responsibility for surveillance work, acceptance, rejection, documentation and resolution of deficiencies, trend analysis and corrective action and interface with Owner's inspectors.

3.3 Contractor to maintain documentation log of project progress including photos from beginning to end of project.

SSC UNIFORM GENERAL AND SUPPLEMENTARY CONDITIONS

SECTION 00 72 00

Table of Contents

Article 1. Definitions

Article 2. Wage Rates and Other Laws Governing Construction

Article 3. General Responsibilities of Owner and Contractor

Article 4. Historically Underutilized Business (HUB) Subcontracting Plan

Article 5. Bonds and Insurance

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

Article 7. Construction Safety

Article 8. Quality Control

Article 9. Construction Schedules

Article 10. Payments

Article 11. Changes

Article 12. Project Completion and Acceptance

Article 13. Warranty and Guarantee

Article 14. Suspension and Termination

Article 15. Dispute Resolution

Article 16. Miscellaneous

SSC UNIFORM GENERAL AND SUPPLEMENTARY CONDITIONS SSC 09/2018

SSC UNIFORM GENERAL AND SUPPLEMENTARY CONDITIONS

These General and Supplementary Conditions shall be used for contracts in support of the agreement between The Texas A&M University System (“TAMUS”) (“Owner”) and Southeast Service Corporations d/b/a SSC Services for Education (“SSC”) (“ODR”).

All users are advised to read and understand this entire document.

Article 1. Definitions

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

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

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

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

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

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

1.5 Certificate of Final Completion means the certificate issued by A/E that documents, to the best of A/E's knowledge and understanding, Contractor’s completion of all Contractor’s Punch List items and pre-final Punch List items, final cleanup and

Contractor’s provision of Record Documents, operations and maintenance manuals, and all other closeout documents required by the Contract Documents.

1.6 Change Order means a written modification of the Contract between ODR and

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

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

1.8 Competitive Sealed Proposals, in accordance with Tex. Gov’t Code, Chapter 2166, a delivery procedure for construction projects by which a governmental entity (or its representative) requests proposals, ranks the offerors, negotiates as prescribed, and then contracts with a general contractor for the construction, rehabilitation, alteration, or repair of a facility.

1.9 Contract means the entire agreement between ODR and Contractor, including all of the

Contract Documents.

1.10 Contract Date is the date when the agreement between ODR and Contractor becomes effective.

1.11 Contract Documents mean those documents identified as a component of the agreement (Contract) between ODR and Contractor. These may include, but are not limited to, Drawings; Project Manual/Specifications; SSC Uniform General and Supplementary Conditions, and Special Conditions; and all pre-bid and/or pre-proposal addenda.

1.12 Contract Sum means the total compensation payable to Contractor for completion of the Work in accordance with the terms of the Contract.

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

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

1.15 Construction Documents mean the Drawings, Project Manual/Specifications, and other documents issued to build the Project. Construction Documents become part of the Contract Documents when listed in the Contract or any Change Order.

1.16 Construction Manager at Risk. In accordance with Tex. Gov’t Code Chapter 2269, means a sole proprietor, partnership, corporation, or other legal entity that assumes the risk for construction, rehabilitation, alteration, or repair of a facility at the contract price as a general contractor and provides consultation to ODR regarding construction during and after the design of the facility

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

Contractor to commence the Work.

1.18 Day means a calendar day unless otherwise specifically stipulated.

1.19 Design-Build means a project delivery method in which the detailed design and subsequent construction is provided through a single contract with a Design-Build firm; a team, partnership, or legal entity that includes design professionals and a builder. The Design-Build Project delivery shall be implemented in accordance with Tex. Gov’t Code § 2269.301.

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

1.21 Final Completion means the date determined and certified by A/E and ODR on which the Work is fully and satisfactorily complete in accordance with the Contract.

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

1.23 Historically Underutilized Business (HUB) pursuant to Tex. Gov’t Code, Chapter

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

1.24 Manufacturing Process means the application of a process to alter the form or function of materials or elements of a product in a manner that adds value and transforms the materials or elements into a new finished product that is functionally different from a finished product produced merely from assembling the materials or elements into a product.

1.25 Notice to Proceed means written document informing Contractor of the dates beginning Work and the dates anticipated for Substantial Completion.

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

1.27 Owner means the State of Texas, and any agency of the State of Texas, acting through the responsible entity of the State of Texas identified in the Contract as Owner.

1.27 Owner’s Designated Representative (ODR) means the individual assigned by Owner to act on its behalf and to undertake certain activities as specifically outlined in the Contract.

ODR is the only party authorized to direct changes to the scope, cost, or time of the Contract.

1.28 Produced in the United States means, with respect to iron and steel products, a product for which all manufacturing processes, from initial melting through application of coatings, occur in the United States, other than metallurgical processes to refine steel additives.

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

1.30 Project Manual means a bound document that contains the contract documents, with the exception of the drawings, specifically organized into bid requirements, contract information, addenda, general conditions for construction, and technical specifications.

1.31 Progress Assessment Report (PAR) means the monthly compliance report to ODR verifying compliance with the HUB subcontracting plan (HSP).

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

1.33 Punch List means a list of items of Work to be completed or corrected by Contractor after Substantial Completion. Punch Lists indicate items to be finished, remaining Work to be performed, or Work that does not meet quality or quantity requirements as required in the Contract Documents.

1.34 Record Documents mean the drawing set, Specifications, and other materials maintained by Contractor that documents all addenda, Architect’s Supplemental Instructions, Change Orders and postings and markings that record the as-constructed conditions of the Work and all changes made during construction.

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

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

1.36 Samples mean representative physical examples of materials, equipment, or workmanship used to confirm compliance with requirements and/or to establish standards for use in execution of the Work.

1.37 Schedule of Values means the detailed breakdown of the cost of the materials, labor, and equipment necessary to accomplish the Work as described in the Contract Documents, submitted by Contractor for approval by ODR and A/E.

1.38 Shop Drawings mean the drawings, diagrams, illustrations, schedules, performance charts, brochures, and other data prepared by Contractor or its agents which detail a portion of the Work.

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

1.40 Special Conditions mean the documents containing terms and conditions which may be unique to the Project. Special Conditions are a part of the Contract Documents and have precedence over the Uniform General Conditions and Supplementary General Conditions.

1.41 Specifications mean the written product of A/E that establishes the quality and/or performance of products utilized in the Work and processes to be used, including testing and verification for producing the Work.

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

1.43 Submittal Register means a list provided by Contractor of all items to be furnished for review and approval by A/E and ODR and as identified in the Contract Documents including anticipated sequence and submittal dates.

1.44 Substantial Completion means the date determined and certified by Contractor, A/E, and ODR when the Work, or a designated portion thereof, is sufficiently complete, in accordance with the Contract, so as to be operational and fit for the use intended.

1.45 Unit Price Work means the Work, or a portion of the Work, paid for based on incremental units of measurement.

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

1.47 Work means the administration, procurement, materials, equipment, construction and all services necessary for Contractor, and/or its agents, to fulfill Contractor’s obligations under the Contract.

1.48 Work Progress Schedule means the continually updated time schedule prepared and monitored by Contractor that accurately indicates all necessary appropriate revisions as required by the conditions of the Work and the Project while maintaining a concise comparison to the Baseline Schedule.

Article 2. Wage Rates and Other Laws Governing Construction

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

2.2 Wage Rates. Contractor shall not pay less than the wage scale of the various classes of labor as indicated by county and “Building Type” at the following link:

https://www.wdol.gov/wdol/scafiles/davisbacon/tx.html. The specified wage rates are minimum rates only. Owner is not bound to pay any claims for additional compensation made by any Contractor because the Contractor pays wages in excess of the applicable minimum rate contained in the Contract. The prevailing wage schedule is not a representation that qualified labor adequate to perform the Work is available locally at the prevailing wage rates.

2.2.1 Notification to Workers. Contractor shall post the prevailing wage schedule in a place conspicuous to all workers on the Project Site and shall notify each worker, in writing, of the following as they commence work on the Contract: the worker’s job classification, the established minimum wage rate requirement for that classification, as well as the worker’s actual wage. The notice must be delivered to and signed in acknowledgement of receipt by the worker and must list both the wages and fringe benefits to be paid or furnished for each classification in which the worker is assigned duties. When requested by Owner, Contractor shall furnish evidence of compliance with the Texas Prevailing Wage Law and the addresses of all workers.

2.2.1.1 Contractor shall submit a copy of each worker’s wage-rate notification to ODR with the application for progress payment for the period during which the worker was engaged in activities on behalf of the Project when requested by Owner.

2.2.1.2 The prevailing wage schedule is determined by Owner in compliance with Tex. Gov’t Code, Chapter 2258. Should Contractor at any time become aware that a particular skill or trade not reflected on Owner’s Prevailing Wage Schedule will be or is being employed in the Work, whether by Contractor or by Subcontractor, Contractor shall promptly inform ODR of the proposed wage to be paid for the skill along with a justification for same and ODR shall promptly concur with or reject the proposed wage and classification. Contractor is responsible for determining the most appropriate wage for a particular skill in relation to similar skills or trades identified on the prevailing wage schedule. In no case, shall any worker be paid less than the wage indicated for laborers.

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

2.2.3 Complaints of Violations.

2.2.3.1 ODR’s Determination of Good Cause. Upon receipt of information concerning a violation, ODR will conduct an investigation in accordance with Tex. Gov’t Code, Chapter 2258 and make an initial determination as to whether good cause exists that a violation occurred.

Upon making a good cause finding, ODR will retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the Prevailing Wage Schedule and any supplements thereto, together with the applicable penalties, such amounts being subtracted from successive progress payments pending a final decision on the violation.

2.2.3.2 If the Contractor and claimant worker reach an agreement concerning the claim, the Contractor shall promptly notify the ODR in a written document countersigned by the worker.

2.2.3.3 Arbitration Required. If the violation is not resolved within 14 days following initial determination by the ODR, the Contractor and the claimant worker must participate in binding arbitration in accordance with the Texas General Arbitration Act, Tex. Civ. Prac.

& Rem. Code, Chapter 171. If the Contractor and the claimant worker do not agree on an arbitrator within 10 days, after the date arbitration is required, a district court may be petitioned by any of the parties to the arbitration to appoint an arbitrator whose decision will be binding on all parties. (See Tex. Gov’t Code, § 2258.053)

2.2.3.4 Arbitration Award. If an arbitrator assesses an award against the Contractor, the Contractor shall promptly furnish a copy of said award to the ODR. The ODR may use any amounts retained under Article 2.2.3.1 to pay the worker the amount as designated in the arbitration award. If the retained funds are insufficient to pay the worker in accordance with the arbitration award, the worker has a right of action against the Contractor, and/or the surety to receive the amount owed, plus attorneys’ fees and court costs. The ODR has no duty to release any funds to either the claimant or the Contractor until it has received the notices of agreement or the arbitration award.

2.2.3.5 No Extension of Time. If ODR’s determination proves valid that good cause existed to believe a violation had occurred, Contractor is not entitled to an extension of time for any delay arising directly or indirectly from the arbitration procedures.

2.3 Venue for Suits. The venue for any suit arising from the Contract will be in a court of competent jurisdiction in the county of the site location.

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

2.4.1 Partial list of licenses required. Listed by Texas Statue:

Boilers--Chapter 755, Health and Safety Code.

Electrical--Title 8, Occupations Code, Chapter 1305, Administered by the Texas Department of Licensing and Regulation.

Elevators, Escalators, and related Equipment--Chapter 754, Health and Safety Codes, Subchapter B. Inspection, Certification, and Registration.

Fire Detection and Alarms--Insurance Code, Article 5.43-2.

Fire Protection--Insurance Code, Article 5.43-1 and 5.43-3.

Plumbing--Plumbing License Law, Occupations Code, Title 8.

Regulation of Environmental and Industrial Trades, Chapter 1301.

Plumbers.

Mechanical--Air Conditioning and Refrigeration Contractor License Law, Occupations Code, Title 8. Regulation of Environmental and Industrial Trades, Chapter 1302, Administered by the Texas Department of Licensing and Regulation.

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

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

Local Sales and use taxes pursuant to the provisions of Tex. Tax Code, Chapter 151.

Upon request from Contractor, Owner/ODR shall furnish evidence of tax exempt status.

Contractor may claim exemption from payment of certain applicable State taxes by complying with such procedures as prescribed by the State Comptroller of Public

Accounts. Owner/ODR acknowledges not all items qualify for exemption.

Owner/ODR is not obligated to reimburse Contractor for taxes paid on items that qualify for tax exemption.

2.7 Iron and Steel Products. In accordance with Tex. Gov’t. Code, Chapter 2252, Subchapter

F all iron and steel products produced through a manufacturing process and used in the project shall be produced in the United States.

2.7.1 Exemption. Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other appurtenances related to an electrical system, necessary for operation or concealment are not considered to be iron or steel products and are exempt from this requirement.

2.7.2 Other exemptions, only if agreed to in writing by the Owner are:

2.7.2.1 Iron or steel products produced in the United States are not: (A) produced in sufficient quantities; (B) reasonably available; or (C) of a satisfactory quality; or if

2.7.2.2 Use of iron or steel products produced in the United States will increase the total cost of the project by more than 20 percent.

2.8 Prohibition on contracts with Companies boycotting Israel In accordance with Tex.

Gov’t Code, Chapter 2270 SSC will not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it

(1) does not boycott Israel; and

(2) will not boycott Israel during the term of the contract.

Article 3. General Responsibilities of Owner and Contractor

3.1 ODR’s General Responsibilities. ODR is the entity identified as such in the Contract and referred to throughout the Contract Documents as if singular in number.

3.1.1 Preconstruction Conference. Prior to, or concurrent with, the issuance of Notice to Proceed with construction, a conference will be convened for attendance by Owner, Contractor, A/E and appropriate Subcontractors. The purpose of the conference is to establish a working understanding among the parties as to the Work, the operational conditions at the Project Site, and general administration of the Project. Topics include communications, schedules, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, maintaining required records and all other matters of importance to the administration of the Project and effective communications between the project team members.

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

3.1.2.1 Unless otherwise specifically defined elsewhere in the Contract Documents, ODR is the single point of contact between Owner and Contractor. Notice to ODR, unless otherwise noted, constitutes notice to Owner under the Contract.

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

3.1.3 Owner Supplied Materials and Information.

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

3.1.3.2 Owner or ODR will provide information, equipment, or services under Owner’s control to Contractor with reasonable promptness. The Owner or ODR makes no representation as to the accuracy or completeness of the site information furnished to the Contractor by the Owner, and is not responsible for any interpretations or conclusions reached by the Contractor with respect to the information.

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

3.1.5 Limitation on ODR’s Duties.

3.1.5.1 The ODR will not supervise, direct, control or have authority over or be responsible for Contractor’s means, methods, technologies, sequences or procedures of construction or the safety precautions and programs incident thereto. T h e ODR is not responsible for any failure of Contractor to comply with laws and regulations applicable to the Work. The ODR is not responsible for the failure of Contractor to perform or furnish the Work in accordance with the Contract Documents. Except as provided in Section 2.5, the ODR is not responsible for the acts or omissions of Contractor, or any of its Subcontractors, suppliers or of any other person or organization performing or furnishing any of the Work on behalf of Contractor.

3.1.5.2 ODR will not take any action in contravention of a design decision made by A/E in preparation of the Contract Documents, when such actions are in conflict with statutes under which A/E is licensed for the protection of the public health and safety.

3.2 Role of Architect/Engineer. (if applicable) Unless specified otherwise in the Contract between Owner and Contractor, A/E shall provide general administration services for Owner during the construction phase of the Project. Written correspondence, Requests For Information, and Shop Drawings/submittals shall be directed to A/E for action. The A/E has no authority to change material specifications, contract cost or contract time unless approved by the ODR.

3.2.1 Site Visits.

3.2.1.1 A/E will make visits to the Site at intervals as provided in the A/E’s

Contract with Owner, to observe the progress and the quality of the various aspects of Contractor’s executed Work and report findings to

ODR.

3.2.1.2 A/E has the authority to interpret Contract Documents and inspect the Work for compliance and conformance with the Contract. Except as referenced in Paragraph 3.1.5.2, The ODR retains the sole authority to accept or reject Work and issue direction for correction, removal, or replacement of Work.

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

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

3.2.3.1 Contractor’s means, methods, techniques, sequences, procedures, safety, or programs incident to the Project, nor will A/E supervise, direct, control or have authority over the same;

3.2.3.2 The failure of Contractor to comply with laws and regulations applicable to the furnishing or performing the Work;

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

3.2.3.4 Acts or omissions of Contractor, or of any other person or organization performing or furnishing any of the Work.

3.3 Contractor’s General Responsibilities. Contractor is solely responsible for implementing the Work in full compliance with all applicable laws, codes, regulations and the Contract Documents and shall supervise and direct the Work using the best skill and attention to assure that each element of the Work conforms to the Contract requirements. Contractor is solely responsible for all construction means, methods, techniques, safety, sequences, coordination and procedures. The Contractor is responsible for having visited the Site and having ascertained all pertinent local conditions such as existing subsurface concealed conditions, location, accessibility and general character of the Site or building, the character and extent of existing work, the character and extent of existing work within adjacent sites, and any other work being performed thereon at the time Contractor’s bid or proposal is submitted.

3.3.1 Project Administration. Contractor shall provide project administration for all

Subcontractors, vendors, suppliers, and others involved in implementing the Work and shall coordinate administration efforts with those of A/E if applicable and ODR in accordance with these SSC Uniform General and Supplementary Conditions, Division 1 Specifications, and other provisions of the Contract, and as outlined in the pre-construction conference.

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

3.3.3 Labor. Contractor shall provide competent, suitably qualified personnel to survey, lay-out, and construct the Work as required by the Contract Documents and maintain good discipline and order at the Site at all times.

3.3.4 Services, Materials, and Equipment. Unless otherwise specified, Contractor shall provide and assume full responsibility for all services,…