ESBD_416274_1746479932445_Division 1 Specifications.pdf

CONSTRUCTION PROJECT

DIVISION 1 SPECIFICATIONS

Construction Project Division 1 Specifications Table of Contents

Section # Description Page

010000 Miscellaneous Requirements 1

1. Summary

2. Removal of Debris

3. Drawings & Specifications

4. Interpretation of Documents

5. Materials and Work

6. Intent of Documents

7. Existing Underground Utilities

8. Pumping, Shoring, Etc.

9. Hazardous Materials

10. Substantial Completion

11. Coordination

12. Observation of Work

13. Cooperation with Building Officials

14. Notification

15. Ongoing Operations/Construction Personnel

16. Field Measurements

17. Substitutions

012000 Project Meetings 8

1. Pre-Construction Conferences

2. Pre-Installation Conferences

3. Progress Meetings

4. Close-out Meetings

013100 Project Administration 9

1. Subcontracts

2. Flow of Communications

3. Project Changes

4. Liquidated Damages

5. Site Use Issues

6. Shop Drawings and Submittals

7. Substitutions of Materials, Labor and Equipment

8. Allowances

Section # Description Page #

9. Alternates

10. Unit Prices

11. Applications for Payment

013100 Project Administration 9

1. Procurement of Subcontracts (Construction Manager at Risk and

Design-Build Contracts Only)

2. Contractor Daily Reports

3. As-Built Drawings and Record Documents

4. Utility Outages

5. Coordination of Space

6. Repair of Damage

7. Deliveries

8. Protection of Utilities, Etc.

013200 Project Planning and Scheduling 21

1. Definitions

2. Purpose

3. Contractor Responsibilities

4. Schedule Development Requirements

5. Planning and Scheduling Workshop

6. Construction Phase Baseline Schedule Submittal

7. Updating the Project Schedule

8. Excusable Delays and Time Extensions

013220 Photographic Documentation 24

1. Photographic Media

2. Construction Photographs

3. Construction Videos

013520 LEED Requirements 25

2. Submittals

3. Quality Assurance

013523 Project Safety Requirements 25

1. Purpose

2. Contractor’s Project Safety Coordinator

3. Subcontractors’ Project Safety Representative

4. Project Safety Program

5. Personal Protective Equipment

6. Medical Equipment

7. Certifications

8. Project Safety Signs and Posters

013523 Project Safety Requirements 25

1. Project Safety Training and Meetings

2. Safety Inspections

3. Records and Reports

4. Construction Operations

4.1. Cranes

4.2. Demolition

4.3. Electrical Power

4.4. Excavations

4.5. Fall Protection and Prevention

4.6. Fire Protection

4.7. Housekeeping

4.8. Ladders

4.9. Medical Assistance and Screening

4.10. Petroleum Fuel Operated Equipment

4.11. Public Protection

4.12. Project Service Water

4.13. Welding and Burning

014200 Reference Standards 32

1. Governing Regulations/Authorities

2. Standards

3. Schedule of Standards

014300 Quality Assurance 50

1. General Requirements

2. Below Grade Inspections

3. Concrete Inspections

4. Wall Closure/Above-Ceiling Inspections

5. Substantial Completion Inspection

6. Final Inspection & Acceptance

7. One-year Warranty Inspection

8. Execution

8.1. Pier Drilling Operations

8.2. Reinforcing Steel Mechanical Splices

8.3. Reinforcing Steel and Embedded Metal Assemblies

8.4. Concrete Inspection & Testing

8.5. Post-tensioning of Concrete

8.6. Masonry

8.7. Structural Steel

8.8. Expansion Bolt Installation

8.9. Metal Floor Deck

8.10. Metal Roof Deck

014339 Site Mock-ups 55

1. General

014500 Quality Control 55

1. General Requirements for Contractor’s Laboratory Services

014518 Field Engineering 56

1. Quality Assurance

2. Examination

3. Performance

015000 Construction Facilities and Temporary Controls 56

1. General Requirements

2. Yard Repairs

3. Temporary Utilities and Services

4. Construction Aids

5. Barriers and Enclosures

6. Security

7. Temporary Controls

7.1. SWPPP

7.2. Temporary Storage Tanks

7.3. Inspections and Record Keeping

7.4. Maintenance

8. Parking

9. Field Offices and Sheds

10. Temporary Toilets

015010 Project Signage 62

1. Installation of Temporary Project Signage

2. Signage Dimensions and Materials

015240 Construction Waste Management 63

2. Performance Goals

3. Quality Assurance

4. Waste Management Plan

5. Salvaging Demolition Waste

6. Recycling Demolition and Construction Waste, General

017000 Contract Close-out 64

1. General Record Documents

2. Required Documents

3. Requirements for Substantial Completion

4. Requirements for Final Acceptance

5. Operating and Maintenance Manuals

6. Record Product Submittals

7. Record Sample Submittals

8. Commissioning and Close-out Manual

019100 General Commissioning Requirements 67

1. Scope of Work Included

2. Commissioning Plan

3. Equipment Documentation Requirements

4. Test Equipment

5. Pre-commissioning Meeting

6. Pre-installation Meeting

7. Contractor’s Verification of Installation

8. Contractor’s Operational Testing

9. Integrated System Demonstration

10. Owner Training

Section 010000 Miscellaneous Requirements

1. Summary These Miscellaneous Requirements are issued as supplements to the Uniform

General Conditions for Construction Contracts (UGCs) and any Special Conditions that form a part of the Contract for Construction between the Owner and the General Contractor (or Construction Manager, or Design- Build Contractor). The term “Contractor”, as used herein, is meant to refer to a General Contractor, or a Design-Build Contractor, or a Construction Manager. Should any provision of these Division 1 Specifications conflict with the Contract, the UGCs or the Special Conditions, the latter shall govern.

2. Removal of Debris (see Section 015240) The Contractor shall remove and legally dispose of all demolition debris and all unused construction materials off-site. Unless specifically noted otherwise, all excess earth and rock excavation materials shall be removed and disposed of off-site. Such demolition debris, unused construction materials and excess excavated earth and rock shall be handled, transported and legally disposed of at the Contractor’s expense.

3. Drawings and Specifications (also see UGC Article 6)

3.1 The Drawings and Specifications are intended to describe and provide for a finished and complete piece of Work that meets the requirements of all the applicable governing laws, ordinances, rules, and regulations of the locality. It is mandatory that all work must meet these requirements.

3.1.1 No extra compensation will be allowed for the Contractor’s rework due to its failure to conform to any such requirements unless the original installation was directed by written order issued by the A/E or the Owner.

3.1.2 Anything mentioned in the Specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be like effect as if shown or mentioned in both. If the Contractor believes that some information is missing then that information should be requested of the Owner or A/E in writing. Should the Drawings disagree among themselves, or with the Specifications, the better quality and/or greater quantity of work and/or materials shall be included with the Contractor’s project proposed pricing. In the case where the Specifications do not fully agree with the material schedules, the material schedules shall govern.

3.1.3 The general character of the detail work is shown on Drawings, but minor modifications may be made by A/E in full size Drawings, shop drawings, or models. Contractor shall not attempt to execute any part of the Work requiring such drawings until he has received approved copies of same.

3.1.4 Where the word “similar or typical” occurs on Drawings, they shall be understood in their general sense and not as meaning identical. All details shall be worked out in relation to their location and their connection to other parts of the Work. If the Contractor finds this to be beyond its capability, interpretations and directions should be requested of the A/E.

3.1.5 Small scale and large scale drawings are intended to be mutually compatible and explanatory. In case of variances, the following order of preferences is established to define the intent of the work.

3.1.6 Explanatory notes on Drawings;

3.1.6.1 Recorded dimensions;

3.1.6.2 Large scales details;

3.1.6.3 Small scale details;

3.1.6.4 Scaled measurements

3.2 The “Scope of Work” description placed in the front portion of each section of the Specifications is intended to designate the scope and locations of all items of Work included in that section, either generally or specifically. It is not, however, intended to limit the scope of the work where plans, schedules, or notes indicate a larger scope.

4. Interpretations of Documents (see UGC 3.2.2) Whether bidding or building the Project, if there is any doubt as to the meaning of any part of the Construction Documents, the Contractor shall submit a written request to the Owner seeking an interpretation. If the question has to do with technical requirements, the Contractor should provide the A/E with a copy of the request as the Owner will typically ask the A/E for the technical interpretation. If such a request is made during bidding, it should be made at least ten days before bid opening.

Interpretations shall then be issued by written response only and during bidding only by issuing an “Addendum” to the bid documents. When in doubt during construction, the Contractor should proceed only with a written interpretation by the Owner, or in its absence, proceed only after notifying the Owner in writing about the interpretation that is being used.

Failure of the Contractor to request an interpretation shall not relieve the Contractor from responsibility to complete the Work to the Owner’s satisfaction. If the Contractor does not agree that an interpretation received is satisfactory and without cost or time implications, the Owner should be notified immediately in writing of that fact.

5. Materials and Work (see UGC 8.1)

5.1 Unless otherwise specified, all materials shall be new and free of asbestos, noxious or toxic fumes, urea-formaldehyde and lead (lead in potable water system) and both workmanship and materials shall be of the best quality. If requested by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of his materials and workmanship. Any work installed that does not meet the requirements of the Construction Documents shall be removed and replaced with conforming Work. (UGC 3.3.5)

5.2 The Contractor and subcontractors shall be responsible for the proper care and protection of all materials and equipment furnished both during and after installation. Such materials and equipment may be staged inside the construction fence, or areas designated by the Owner, but only consistent with a Staging Plan acceptable to the Owner. All materials affected by the weather shall be covered and protected to keep them free from damage while being transported to the site. When stored on site, they shall be placed in watertight storage shed/compartments or otherwise protected from the weather. Any material damaged by water or other causes shall be removed from the site and replaced with new material.

5.3 When necessary to avoid delay or to protect work or equipment, provide suitable watertight coverings over windows, doors, skylights, hatchways, and such other openings admitting rain, including the Owner’s materials within the building area when working on a combined effort.

5.4 The Contractor and subcontractors shall protect and be responsible for their Work and any damage to their Work from the date of delivery or installation until Substantial Completion when the Owner will take possession and assume responsibility. They shall make good, without cost to the Owner, any damage or loss that may occur to their Work during this period.

5.5 When any room in one of Owner’s buildings has been provided for use as a shop, storeroom, etc., the Contractor shall restore the room to equal, or better, condition by providing repairs, patching, cleaning, and painting at its sole expense.

5.6 During the execution of the Work the open ends of all piping, conduit and mechanical ducts and openings in equipment shall be sealed in such a way as to prevent the entrance of foreign matter. All heating, ventilating, plumbing and electrical equipment shall be covered and protected. All plumbing fixtures shall be protected and boarded over to prevent their usage by any person. All drains shall be covered until they are placed into service.

5.7 The Contractor shall provide all scaffolding and ladders necessary for performing the Work. All scaffolding shall be so constructed, anchored and braced to comply in all respects with OSHA guidelines to afford safety and protection to both workers and their Work, the inspectors and the Work of other contractors.

5.8 Except as otherwise specified, the Contractor shall furnish at its own cost and risk all tools, apparatus, hoists or cranes, derricks, etc.

needed for the Work.

5.9 Temporary equipment shall be installed in such a manner that finished Work will not be damaged by smoke, falling mortar, concrete or other causes. The location and arrangement of temporary equipment shall be subject to the approval of the Owner.

5.10 All temporary shoring required for the installation of Work shall be provided by the Contractor who will take all responsibility.

5.11 The Contractor and its subcontractors shall provide on the premises, at locations approved by the Owner, suitable watertight storage sheds for the storage of tools and equipment. Such sheds shall be at least 6 inches off the ground on heavy joists. The Contractor shall maintain such sheds in good condition and remove them when directed by the Owner.

5.12 Also see Sections 013100, 013523 and 015000 for related

requirements.

6. Intent of the Documents (see UGC 11.1.2)

6.1 It is the intention of the Construction Documents to describe and require the complete installation of the various systems and the Contractor is to furnish all items necessary to make the various systems complete, although each and every item required may not be specifically mentioned in the Construction Documents.

6.2 It is not the intent of the Construction Documents to limit materials, equipment or fixtures to the product of any particular manufacturer.

Where definite materials, equipment or fixtures have been specified by name, manufacturer or catalog number, it has been done to set a quality standard, applicability, physical conformity and other characteristics. It is not the Owner’s intent to discriminate against or prevent any dealer, jobber or manufacturer from furnishing materials, equipment or fixtures that meet or exceed the characteristics of the specified items. However, substitutions of materials shall not be made without a specific written request by the Contractor having been approved by the Owner in writing. (See paragraph 18 of this Section).

6.3 Any discrepancies in the Specifications must be reported to the Owner for clarification, correction and interpretation from the A/E before the work is executed.

7. Existing Underground Utilities If existing underground lines occur in the site where the work is to be accomplished, such lines will be located and staked by the Contractor for the benefit of the Owner and the Contractor prior to start of the work.

Contractor shall maintain these markings throughout the duration of the construction project. Prior to any excavation, the Contractor shall review with the Owner the locations of all underground utilities and receive the Owner’s written permission to proceed.

8. Pumping, Shoring, Etc.

8.1. Pumping: When necessary to avoid delay or to protect the Work or the premises, provide suitable pumping equipment and keep excavations, pits and other areas involved free of water that may leak, seep, or rain in. Do not allow water to flow into excavations. Do not allow water to flow off site in quantities or at rates that exceed the quantities or rates that existed prior to the start of construction

8.2. Shoring: The Contractor shall provide and be responsible for all temporary shoring required for execution and protection of the work.

After all construction is secure and stable, and when authorized by the Structural Engineer or Civil Engineer, the Contractor shall remove all shoring.

9. Hazardous Materials

9.1 If during the course of his work, the Contractor observes the existence of asbestos, or asbestos bearing materials, the Contractor shall immediately terminate further operations and notify Owner of the condition. The Owner will, after consultations, determine a further course of action. (UGC 7.5)

9.2 Contractor shall furnish Manufacturer’s Safety Data Sheets (MSDS) on all materials and products installed by the Contractor and subcontractors on this project to indicate no asbestos-containing materials have been installed.

10. Substantial Completion (see UGC 1.26 and 12.1.1)

“Substantial Completion” constitutes a stage of project completion that will allow Owner beneficial occupancy for the purpose of safely installing furnishings, maintaining normal security over them, and use of the facility for its intended purpose. Substantial Completion shall not be considered as Final Completion as there may be minor correction items outstanding and there are additional completion items required to achieve Final Completion.

Upon acceptance that an entire Project, or a portion of a Project, as Substantially Complete the Owner will take possession from the Contractor and assume operations, maintenance and insurance liability responsibilities for that portion of the Project.

11. Coordination (see UGC 3.3.6.2 and 4.4 of the CM@R contract) The Contractor and subcontractors on the project shall coordinate their work with each other, advising on work schedules, equipment locations, etc. It shall be the responsibility of Contractor to assure this coordination and to schedule and supervise the work of all subcontractors performing work under this contract. Contactor shall be responsible for the proper fit of the various parts of the Work and for the coordination of operations of all trades, the subcontractors and the material suppliers engaged upon or in connection with the Work as well as those of his own employees. Contractor shall accommodate and coordinate with other independent contractors and Owner personnel on site during construction to allow them necessary access to perform their work.

12. Observation of Work (see UGC 8.5.1) The Owner’s representatives, as well as the A/E, shall have access to the work at all times wherever it is in preparation or progress. The Contractor shall provide proper and safe facilities for such access and for observation.

13. Cooperation with Building Officials Contractor, Subcontractor and all related suppliers, vendors and employees will cooperate with applicable utility and government officials and inspectors at all times. If such official or inspector deems special inspections necessary, provide assistance and facilities that will expedite such inspection or observation.

14. Notification The Contractor shall notify the Owner at least 48 hours in advance (Monday thru Friday) of concrete pours, roofing installation, start of each new section of classification of work, concealment of plumbing, heating, air conditioning, or electrical work.

15. Ongoing Operations/Construction Personnel

15.1 The facilities of the campus will only be available during the scheduled construction time-period as specified by the Owner, and if not specified, then from 8:00 a.m. until 6:00 p.m., Monday through Friday. Work during other times, including weekends, shall only be allowed with prior request and written authorization from the Owner.

In addition, the Contractor shall accommodate and coordinate its construction work force and activities to allow the Owner’s forces and Owner’s separate contractors (i.e. telephone, data, IT, computer, and furniture installation) to enter the jobsite to perform their work.

15.2 This project is surrounded by continuously functioning campus facilities, including student housing, academic and research efforts.

The Contractor shall make every effort to avoid disruptions to ongoing campus activities and to maintain a safe environment for students, faculty, and staff in the areas adjacent to the Project.

15.3 Adjacent facilities will continue to be used for their intended purpose while this Project is underway and the following requirements shall apply:

15.3.1 Contractor, Subcontractors, Owner and A/E shall meet

regularly to coordinate and schedule any construction activities affecting ongoing operations including, but not limited to: testing days, student/staff holidays, special events, etc.

15.3.2 The Owner may have other contractors, or its own employees, performing work on the campus and in the vicinity of the Contractor’s Work. The Contractor shall not commit any act, or allow any act, that will interfere with the performance of work by these other work forces. The Contractor shall cooperate with all performing parties so that the Owner can realize the best possible outcome of all projects involved and requiring coordination.

15.3.3 Student, faculty and general public safety is of utmost importance. Fire and life safety exiting from buildings must be maintained at all times and closely monitored. Review and receive approval for changes in existing conditions with the local fire marshal for each phase of construction. Provide temporary signage as required by the fire marshal and/or the Owner.

15.3.4 Fire arms, drugs, intoxicating beverages, X-rated materials, etc.

are banned from the Owner’s property.

15.3.5 Smoking is not allowed inside any campus building or

anywhere on the campus except in designated areas. Smoking will not be allowed in any enclosed area of the building(s) of this project. Enclosed, as used here, refers to erection of exterior walls and overhead structure for any portion of the project; it does not mean to limit the term to only “dried in” situations. Use of or possession of illegal drugs or alcohol on the project site or anywhere on campus is prohibited.

15.3.6 Construction personnel are not to communicate or interact with students and faculty on site. Only the Project Superintendent, Project Manager and/or their appointed representatives may communicate with the faculty and administrative staff on an as needed basis.

15.4 Campus utilities must not be interrupted except when scheduled and approved in advance through Owner-designated campus channels.

The Contractor or his personnel shall NOT open or close any valves of the central campus utility systems. Valve operation is to be done by University utilities personnel only. The Contractor shall not activate or de-activate any campus utility system or component of any system, without express written direction from the Owner.

15.5 Chemical cleaning of new utility additions shall be done by circulating a good non-phosphate cleaner through as much of the new system as possible. Prior to dumping the cleaning agent, the Contractor shall notify the local City/County industrial water treatment department to sample the effluent. If the City/County officials approve of dumping to drain, then the Contractor will dump into the sanitary sewer. The Contractor shall refill the new system with water and again have the City/County water treatment officials sample the effluent prior to dumping. If at any stage the City/County water treatment officials refuse to accept the effluent, then the Contractor must make special arrangements for legal disposal at its expense and provide the Owner with copies of the resulting shipping and disposal manifests.

16. Field Measurements (see 014518 – Field Engineering)

16.1 The Contractor will employ an experienced, competent staff to establish or survey the building lines, elevations, and field dimensions.

Each subcontractor shall verify all existing grades, lines, levels and dimensions affected by their work.

16.2 Before ordering any materials or doing any work, each subcontractor shall verify all measurements and shall be responsible for their correctness. Any difference between the actual dimensions and conditions on the site and those indicated on the drawings shall be submitted to the Owner for instructions and consideration before proceeding with the work.

17. Substitutions (see UGC 8.3.5 and 8.3.6)

The Contractor may submit and Owner and A/E will consider substitutions that have not been submitted and approved prior to receipt of proposals.

Contractor shall submit a written substitution request on an Owner approved form and the substitution shall be fully identified for product or method being replaced by substitution, including related specification section and drawing number(s) and fully documented to show compliance with the requirements of the Construction Documents. Include product data/drawings, description of methods, samples where applicable and Contractor’s detailed comparison of significant qualities between the specified item and the proposed substitution. The Contractor shall include a statement of effect on construction time, coordination and other affected work, cost information or proposal and a written guarantee indicating the proposed substitution will result in overall work equal to or better than work originally indicated. Contractor shall allow sufficient time for review and approval of such proposed substitutions.

Section 012000 Project Meetings

1. Pre-Construction Conferences (see UGC 3.1.1 and CM@R Contract 5.1 and Exhibit G)

1.1 Prior to commencing construction, the Contractor shall schedule a meeting to review all aspects of the Construction Project. The time of the Pre-Construction Conference and the attendees shall be determined through discussions between the Owner and Contractor prior to scheduling.

1.2 The following is a tentative agenda for the Pre-Construction Conference:

▪ Critical work sequencing;

▪ Designation of responsible personnel;

▪ Procedures for processing submittals, substitutions, applications for payment, proposal requests, change letters and Contract Close-out procedures;

▪ Parking and access to the site;

▪ Office, storage areas and temporary facilities;

▪ Utility information;

▪ Testing procedures;

▪ Procedures for maintaining record documents.

1.3 Minutes of the Pre-Construction Conference will be kept and distributed to all attendees and to all team members not present at the meeting. All final decisions recorded in the minutes shall become binding on the parties.

2. Pre-Installation Conferences Conduct a Pre-installation Conference at the site before each construction activity that requires extensive coordination and for those activities where a pre-installation meeting is specifically required by the specification section.

3. Progress Meetings (see UGC 8.5 and 8.6)

3.1 The Contractor shall schedule progress meetings at regular intervals to discuss and monitor the construction project. The Contractor shall determine the meeting times and required attendees.

3.2 Minutes of the Progress Meeting shall be kept and distributed to all attendees and to all team members not present at the meeting.

4. Close-out Meetings

4.1 When the Contractor determines that a Project, including all punch list items, has been substantially completed and an acceptance date established, a formal project close-out meeting will be scheduled and attended by the parties designated by the Owner and A/E.

4.2 At the close-out meeting, upon documentation of exceptions and assignment of completion responsibilities, the close-out documents required by the Construction Documents will be released to the Owner.

4.3 Minutes of the Project Close-out meeting will be kept by the A/E and any exceptions identified will be recorded. Specific completion dates for the exceptions will be established and tracked by the Owner to ensure expeditious completion. Copies of the minutes will be distributed to all attendees.

Section 013100 Project Administration

1. Subcontracts (see UGC 3.3.6)

1.1 Contractor agrees to bind every subcontractor, and every

subcontractor agrees to be bound by the terms and conditions of the Owner’s contract.

1.2 The Contractor is required to submit a list of all first tier subcontractors to the Owner as subcontracts are executed.

2. Flow of Communications (see UGC 3.2, 3.3.1 and 3.3.6)

2.1 The Owner’s Designated Representative (ODR) is the Owner’s primary representative for the Project who will be designated to the Contractor in writing. The ODR is the only party authorized to issue written/or oral instructions directly to the Contractor that involve changes to the contract scope, cost or time of the Work, save and except those changes noted in 2.2 below. If any other party directs the Contractor to make changes to the Work that will involve scope, cost or time the Contractor should notify the ODR immediately in writing.

(see UGC 1.17)

2.2 Normally, the Owner will also designate in writing an Owner’s

Designated Site Representative (ODSR). The ODSR will have the authority, delegated by the ODR, to make decisions on behalf of the Owner concerning coordination with the University of Work on the site including: traffic controls, site safety, scheduling of utility outages, and all matters within the contract that do not involve changes to the scope, cost and/or time for completion. However, ODSR shall have the authority to approve changes for cost in an amount not to exceed $25,000.00 and execute all certificates of substantial completion. The ODSR, or a designee, will coordinate and conduct quality inspections of the construction work as it is installed or performed, authorize payments (except first and final) and conduct final acceptance inspections. The ODSR will be the Contractor’s primary point of contact on the site.

3. Project Changes (see UGC 9.1, 9.3.3.3, 9.6.2.2 and Article 11)

3.1 All changes to the Contract involving scope, cost, or time will be issued on the standard Texas State University System (TSUS) Change Order form. Such Change Orders are valid only if signed by either the Chancellor of the TSUS or by the Vice Chancellor for Contract Administration, except as noted in 2.2 above. A single Change Order may include several different change issues and they will not be required to be related to each other.

3.2 Prior to issuing a Change Order, the Owner must have received from the Contractor a Change Order Proposal that is complete in its description of the changes in scope and its detailed presentation of cost and time implications of the proposed change. If the Owner and Contractor do not agree on the implications of a proposed change, they will meet and discuss and resolve their differences prior to proceeding with the changes to the Work.

3.2.1 The Contactor shall summarize all costs for each change at each level of subcontractor and supplier by preparing a “Cost Analysis” and shall provide each subcontractor’s cost summary as backup. Additional support documentation from both the Contractor and its subcontractors is encouraged.

3.2.2 Where the Contractor believes it is entitled to a time extension, it shall so state as part of its response to the Change Proposal, including a justification for such request. Time extensions will be granted only if a Change Order Proposal affects the activities on the Critical Path of the Owner approved Project Schedule (i.e., when the work impacts the “Contract Substantial Completion Date”).

3.2.3 If the Owner and Contractor cannot mutually agree upon a fair and reasonable cost and time settlement, the Owner may: 1) Reject the quotation and void the Change Order Proposal, 2) Issue instruction to the Contractor to proceed on a time and material basis for a price to be determined later not to exceed a fixed maximum dollar and time, or 3) Issue a Unilateral Change Order.

3.2.4 The Owner may issue Field Orders directly to the Contractor for minor changes to the contract, which can be negotiated in the field. Pricing backup shall be the same as a Change Order Proposal and is to be outlined as noted above. Once the Owner and the Contractor have signed the Field Order, the work is authorized and the Field Order will be included in the next Change Order.

4. Liquidated Damages (see UGC 9.11, 12.1.4 and 25.2)

If assessed, liquidated damages will be withheld from progress payments beginning with the first payment after the Contract completion date and until all work of the contract is complete. The amount assessed shall be deducted from the contract price through a written Change Order.

5. Site Use Issues

5.1 The Contractor is responsible for the actions of its entire work force, including Subcontractor and Supplier employees, whenever they are on the campus. Harassment of any kind toward any person will not be tolerated. Offending workers will be removed from the project immediately and permanently. Harassment includes any action such as jeering, whistling, calling-out, staring, snickering, making rude or questionable comments, or similar behavior. Any offending worker or employee will be removed.

5.2 The Contractor shall provide and submit a program plan for worker orientation, identification and control of access to the site and for managing personnel records, including payroll records. All workers on the project shall participate in this program before beginning work of the project. This plan shall include, as a minimum:

5.2.1 Employee identification badges with a photo of the employee, the employer and employees’ name. Badges shall be provided for all employees and produced by a system on site. This identification shall be worn at all times while on the project site. Lack of an ID badge shall be grounds for removal from the project until the badge is produced.

5.2.2 Identification badges for workers, busing of workers from remote parking lots, frequent written and verbal reminders to the work force of appropriate behavior and avoidance of campus facilities and publication of acceptable access and egress routes from the work site are all minimum requirements of the plan.

6. Shop Drawings and Submittals (see UGC 8.3 and CM@R contract 4.5)

6.1 Refer to the UGC for requirements not identified in this section.

6.2 The Contractor shall assign an identifying number to each submittal following a format to be established at the Pre-Construction Conference. The same number with a numerical or alphabetical suffix will be used to identify re-submittals.

6.3 The burden of timeliness to complete the submittal process is on the Contractor. The Contractor shall allow sufficient time within the construction schedule for the A/E and Owner to review and approve all submittals, including time for all re-submittals on any unaccepted/rejected submittal.

6.4 Any deviation from the Construction Documents shall be

conspicuously noted on the submittal and the transmittal cover sheet.

Failure to so note deviations will void any action taken on the submittal.

6.5 All manufacturers’ data contained within the submittal shall have all inapplicable features crossed out or deleted in a manner that will clearly indicate exactly what is to be furnished.

6.6 Equipment of larger sizes than shown, even though of a specified manufacturer, will not be acceptable unless it can be demonstrated that ample space exists for proper installation, operations and maintenance.

6.7 The Owner will not be responsible for payment of any item that has not been submitted and approved through the established submittal process. (UGC 10.5.1.4)

6.8 The exact method for distribution and the exact number of submittal copies required for distribution will be determined at the Pre- Construction Conference. The Contractor shall anticipate providing digital submittals in PDF format with the understanding that submittals requiring physical samples will be provided both as digital submittals in PDF format (to including photos of the samples) as well as provided with a minimum of four (4) copies of each physical sample in addition to those needed by the Contractor and its subcontractors. Two (2) of the approved physical samples will be returned to the Contractor and one (1) shall be set aside for subsequent turn over to Owner at Project Closeout.

7. Substitution of Materials, Labor and Equipment (see UGC 8.3.5 and

010000 paragraph 17)

7.1 Refer to the UGC for requirements not identified in this section.

7.2 The specified products referenced in the Construction Documents establish minimum qualities for which substitutions shall at least equal to be considered acceptable. The burden of proof of equality rests with the Contractor. The Owner retains sole authority for acceptance of substitutions.

7.3 All substitutions shall be submitted with ninety (90) days of the Notice to Proceed for Construction and be clearly marked as such on the transmittal cover sheet for the submittal.

7.4 The Contractor shall allow a minimum of four (4) weeks for review of each substitution by the A/E and/or Owner in addition to the requirements identified in Section 7.3 above.

7.5 When requested by the A/E, the Contractor shall provide a sample of the proposed substitution item. In some cases, samples of both the specified item and the proposed item shall be required for comparison purposes.

7.6 Acceptance of materials and equipment will be based on the supplier/manufacturer’s published data and will be tentative subject to submission of complete shop drawings and/or specifications indicating compliance with the Construction Documents. Acceptance of materials and/or equipment under this provision shall not be construed as authorizing any deviation from the Construction Documents, unless specifically directed in writing from the A/E.

7.7 Any and all additional costs or time resulting from the acceptance or rejection of any substitution shall be the sole responsibility of the Contractor. These include costs that are not presented at the time of the substitution request and those costs that become known after the approval of the substitution. This includes direct as well as indirect costs.

7.8 If a substitution is accepted, and the substitute proves defective, or otherwise unsatisfactory as determined by the Owner for the service intended within the warranty period, the substitute shall be replaced with the material or equipment specified in the Construction Documents, or as approved by the Owner, at no additional cost to the Owner.

8. Allowances (see 13.1 and Exhibit C of CM@R contract)

8.1 Allowances shall include:

▪ Cost of materials to Contractor.

▪ Delivery to project site; handling, storage and installation at project site.

▪ Protection, security, including insurance.

▪ Contractor’s overhead and profit and other costs.

8.2 At contract closeout, monies remaining in any allowance line item will be credited to the Owner by Change Order.

9. Alternates

9.1 Alternates will be exercised and added to the proposed contract sum at the option of the Owner.

9.2 For any or all additive alternates selected or otherwise approved for addition to the contract sum by the Owner, the Contractor shall coordinate all related work and modify the surrounding work as required to complete the work, including changes under each alternate, only if acceptance is designated in the contract.

10. Unit Prices (see UGC 11.2 and paragraph 5.4.2 of CM@R contract)

The Contractor shall provide unit prices for specific portions of the work identified by the Owner during the pre-bid process. Unit pricing shall include all costs of materials, including, but not limited to shipping, and their related labor cost, including, but not limited to all appropriate burdens and markups.

11. Applications for Payment (see UGC Article 10 and 12.3 as well as Article

12 of the CM@R contract)

11.1 Such requests shall be presented on the Texas State University System

(TSUS) Pay Application forms. The TSUS Schedule of Values forms, which may be supplemented with columnar continuation sheets, shall separately identify each update to the original contract or GMP amounts.

11.2 The Contractor’s project accounting records shall be kept on the basis of generally accepted accounting principles in accordance with cost accounting standards issued by the Federal Office of Management and Budget Cost Accounting Standards Board and organized by each pay request period.

11.3 Prior to the submission of the initial Application for Payment the Contractor shall submit the following documents to the A/E and Owner for review:

11.3.1 Contract Price of GMP Schedule of Values: A single document itemizing the breakdown of the Contract Price/GMP, including general conditions, contingencies and allowances shall be submitted using TSUS standard Schedule of Values format. The Contractor shall submit a draft breakdown and such submittal shall be a condition precedent to the processing of the first pay application. The Contractor shall submit subsequent draft copies of the Schedule of Values no later than five (5) working days prior to formal submission of each monthly pay request.

11.3.1.1 The breakdown shall follow the trade divisions of

the specifications.

11.3.1.2 No adjustment to the original detailed breakdown of

the contract line item shall be made once accepted by the Owner and A/E, unless such adjustment is directed by the Owner in writing.

11.3.1.3 Construction Manager at Risk or Design-Builders

will be allowed to reallocate among General

Conditions line items after consultation with, and agreement from, the Owner. In the event the contractual limit on General Conditions costs are exceeded, the overruns shall be subtracted from the Fee.

11.3.2 The Contractor shall not use subcontractor invoices/pay applications in lieu of a single Schedule of Values from the Contractor.

11.3.3 The breakdown shall anticipate future Change Orders and make provisions for incorporating all changes into the breakdown listing. If issued, Change Orders shall be identified separately and shall itemize the GMP Change Orders, Change Proposals and/or Field Orders, which are incorporated into each Change Order for payment on a line-item basis. Contracts with Guaranteed Maximum Price proposals shall repeat the process outlined in this section every time a subcontract is added to the monthly Schedule of Values for payment.

11.3.4 Submission and approval of Construction Staging Plans, Parking Plans, Quality Control Plans and Trenching Plans are a prerequisite for starting Work at the site and for receiving the first monthly partial payment.

11.4 At a minimum, the Contractor shall provide attachments to each month’s payment request in digital PDF format as follows:

11.4.1 Monthly HUB Progress Assessment reports.

11.4.2 Updated Submittal Schedule.

11.4.3 All invoices required by the contract.

11.4.4 The wage rate notification form for each member of the workforce not previously submitted.

11.4.5 Updated RFI and ASI logs.

11.4.6 Updated Work Progress Schedule as specified herein.

11.4.7 Updated quality control tracking logs indicating status of items identified for resolution by Contractor that have been raised by Contractor’s quality control reviews, A/E site reviews, and material testing reports.

11.4.8 Construction photographs (with key plan identifying each photo location) showing progress of work related to payment request.

11.5 All regular monthly applications for payment shall be submitted to the Owner and A/E for review and approval in draft form no less than five working days prior to the formal submission. The Contractor shall be prepared to review the draft copy at the project site, or at such other location as may be agreed to by the parties. Failure to comply with the requirements outlined in this section shall relieve the Owner from its obligation to make payments on any/all line items until the Contractor meets all requirements.

11.5.1 Payments cannot exceed the contract, work in-place, or subcontract amounts as noted on the Schedule of Values line items.

11.5.2 All as-built drawings shall be up to date and available for review by the A/E and Owner.

11.5.3 When requesting payment for materials stored off site, all such materials shall be specifically identified, including supporting documentation, photos and insurance. The Contractor should be available to escort the Owner to visit and personally verify the stored materials in a physically separated and secure area.

11.6 Request for payments in association with release of, or reduction in retainage, or completion of work have additional requirements outlined in the UGC.

12. Procurement of Subcontracts (Applies to Construction Manager at Risk and Design-Build Contracts Only) – (see 5.6 & 5.7 of the CM@R contract)

12.1 The Construction Manager at Risk (CM) or Design/Build Contract

(DB) shall provide a written Bid/Proposal Package Strategy (B/PPS) for procuring subcontracts including self-performance work (other than General Conditions), prior to the approval of the Guaranteed Maximum Price, but no later than twenty calendar days prior to the first advertisement for subcontractor proposals. The B/PPS shall be a written plan submitted to, and reviewed by the Owner.

12.1.1 The plan shall identify bid packages that are most

advantageous to the Project and align with the CM/DB’s HUD Good Faith Effort by providing at least three qualified respondents (including CM/DB). Each bid package shall include the UGC, Owner’s Division 1 Specifications, Drawings and Specifications and any other TSUS requirements included in the CM/DB Contract pertaining to the scope of work covered in the packages.

12.1.2 The B/PPS shall include the following for each bid package contemplated:

▪ Anticipated scope of work to be procured;

▪ A current Work Progress Schedule;

▪ Anticipated selection criteria and questions;

▪ Self-perform work proposals to be submitted by the

CM/DB;

▪ Proposed advertising dates;

▪ Proposed pre-proposal meeting(s) dates;

▪ Proposed receipt, review and award dates;

▪ Anticipated notice to proceed dates.

12.2 The CM/DB shall update the B/PPS monthly at a minimum, as conditions change, or as proposed dates are revised.

12.3 Per the Texas Higher Education Code 51.782: “A Construction Manager-at-Risk shall publicly advertise, in the manner prescribed by the TSUS, and receive bids or proposals from trade contractors or subcontractors for the performance of all major elements of the work other than the minor work that may be included in the general conditions”.

12.4 The goal of the Project Team shall be to have all work procured through advertised competitive proposals, however, if a “minor procurement” condition arises during the process, the following procurement guidelines may be used by the CM/DB, with Owner approval, for procurement of work:

Less than $5,000.00 No requirements Between $5,000.01 to $25,000.00 Obtain three solicitations

Greater than $25,000.00 Advertised competitive proposals

If the CM does not receive at least three competitive proposals on procurements over $5,000.00, the CM shall re-package the scope and re-issue the proposal without additional cost to the Owner, or delay to the project “Substantial Completion” date. This solicitation requirement does not pertain to Change Orders to existing subcontracts.

12.5 Work shall be divided into reasonable lots; however, material and labor acquired through purchase order/vendor type contracts are subject to the entire project (i.e. Concrete material shall be procured as a unit price time an estimated total project quantity provided by the CM/DB to equal a total construction cost). Work shall not be incrementally divided for the purpose of circumventing the procurement guidelines of 12.4 above.

12.6 The CM/DB may establish selection criteria for each phase of work for review and approval by the Project Team. Criteria shall be qualifications based and consistent with the information needed by the CM/DB to make a proper evaluation and selection. The CM/DB shall establish a selection matrix including cost, criteria, weighting and ranking procedures for evaluation and work with the Project Team to tailor the selection criteria to be project and scope specific to ensure the questions are proper and relevant to the goals of the project. HUB participation/status cannot be used as criteria for determining “best value,” only for determining if the respondent is responsive.

12.6.1 The CM/DB shall establish clear criteria and questions so that those reading the Request for Proposals will understand how they will be evaluated.

12.6.2 If criteria are not included in the advertisement for proposals, the proposal shall be considered a lump sum bid, and the CM/DB shall award the work to the lowest qualified, responsive bidder.

12.6.3 After selection criteria have been established, the CM/DB shall publicly advertise the work in general circulations and trade associations in accordance with TEC 51.782 for CM, Article 7 of the current Contract for DB and the Texas Administrative Code

111.14 –“HUB” for both CM and DB. This advertisement shall include, at a minimum, the following:

▪ TSUS Project Number and Project Name;

▪ Institution/Campus name;

▪ CM/DB name and address;

▪ CM/DB contract name and phone number;

▪ Location for viewing of plans and specifications;

▪ Date, time and location of Pre-proposal meeting(s);

▪ Date, time deadlines(s), and location for receiving proposals;

▪ Instruction to respondents for submitting proposals;

▪ Selection criteria, questions and submittal requirements.

12.7 At the time and location identified in the advertisement, the CM/DB shall hold a Pre-proposal meeting(s) for all potential subcontractors with the Project Team and Owner present. The CM/DB shall review the following at a minimum:

▪ The general scope of the project and specific scope of work included in this package;

▪ Instructions to respondents for submitting proposals;

▪ Selection criteria and questions;

▪ HUB Good Faith Effort requirements;

▪ Project safety requirements;

▪ Project schedule requirements;

▪ Payment procedures and requirements, including retainage;

▪ Commissioning and Close-out requirements.

12.8 If the CM/DB identifies any self-performance in the B/PPS (work to be performed by its own employees), the CM/DB shall submit a proposal to the Owner at least 24 hours before the advertised time and location in a manner so as not to compromise the competitive process.

12.9 The CM/DB shall accept all proposals at the advertised location until the advertised deadline.