ESBD_File_336316_Addendum 1-East Campus Infrastructure.pdf

Procurement and Contract Services

Telephone: 940-898-3541

A Comprehensive Public University Primarily for Women An Equal Opportunity/Affirmative Action Employer

ADDENDUM # 1

To TWU REQUEST FOR RFP-731-24-001-CJ, opening 9/28/23 at 2 pm

THE PROPOSAL YOU ARE SUBMITTING FOR THE ABOVE RFP NUMBER MUST CONTAIN

THE FOLLOWING ADDITION(S).

DESCRIPTION

THIS ADDENDUM IS IN REFERENCE TO:

• Additional information for proposers for project

• Questions and Answers

All other items in the original bid remain unchanged.

PURCHASING AGENT SIGNATURE:____________________________________________DATE:_____________ Chelle Jezek/Director of Purchasing and Contracts/Assist. HUB Coord.

BIDDER SIGNATURE:______________________________________________DATE:_____________

East Campus Infrastructure

TEXAS WOMAN'S UNIVERSITY

PROJECT NO. 100657

September 8, 2023

TABLE OF CONTENTS

PROPOSAL AND CONTRACT REQUIREMENTS

Table of Contents ………………………………………………………………………….1 Page Instructions to Offerors ………………………………………………………………….. 4 pages Proposal Form ……………………………………………………………………………. 3 pages Contract Agreement ……………………………………………………………………… 6 pages Performance Bond Form ………………………………………………………………… 1 page Payment Bond Form …………………………………………………………………...… 1 page State of Texas 2015 Uniform General Conditions ……………………………………. 65 pages State of Texas Supplementary General Conditions …………………………………... 2 pages TWU Supplementary General Conditions ……………………………………………... 2 pages TWU Third Party Insurance Standards ………………………………………………….9 pages TWU Special Condition ………………………………………………………………….. 8 pages HUB Subcontracting Plan (HSP)………………………………………………………… 9 pages HUB Subcontracting Plan (Prime Contractor Progress Assessment Report) ……… 1 page Prevailing Wage Rates …...………………………………………………………………. 9 pages

END OF TABLE OF CONTENTS

INSTRUCTIONS TO OFFERORS

1. SECURING DOCUMENTS

A. A copy of the proposed Contract Documents may be obtained upon the conditions set forth in the Request for Competitive Sealed Proposals.

2. PROPOSAL FORM

In order to receive consideration, make all proposals in strict accordance with the following:

A. Make proposals upon the forms provided therefore, properly signed and with all items filled out. Do not change the wording of the proposal form, and do not add words to the proposal form. Unauthorized conditions, limitations, or provisions attached to the proposal will be cause for rejection of the proposal. If alterations by erasure or interlineation are made for any reason, Offeror shall initial such erasure or interlineation.

B. No proposal or proposal modification received telegraphically or by tele-facsimile (Fax) will be considered. No proposal received after the time fixed for receiving them will be considered. Late proposals will be returned to the Offeror unopened.

C. Address proposals to the Owner, and deliver to the address given in the Request for

Competitive Sealed Proposals on or before the day and hour set for opening the proposal.

D. State agencies are required to make a Good Faith Effort (GFE) to assist Historically

Underutilized Businesses (HUBs) in receiving contract and/or sub contract awards, reference Texas Government Code Title 10, Subtitle D, Chapter 2161. For projects of $100,000 or more the Good Faith Effort section of the proposal form must be completed for proposal to be considered. Failure to do so will result in disqualification of the proposal from consideration for award.

Enclose each proposal and other required documents in a sealed envelope bearing the title of the Work, name of the offeror, and the date and hour of the proposal opening. It is the sole responsibility of the Offeror to see that their proposal is received on time.

3. BONDS

A. A Certified check on a state or national bank in the State of Texas, or a Proposal Bond from a surety company authorized to transact business in the State Of Texas in the amount of five percent (5%) of the greatest total amount of the offeror’s proposal, payable without recourse to the order of Texas Woman's University, must accompany each proposal.

B. The Owner reserves the right to retain the security of all offerors until the successful offeror enters into the Contract or until 60 days after proposal opening, whichever is sooner. Other proposal security will be returned as soon as practicable. If any offeror refuses to enter into a Contract, the Owner may retain his proposal security as liquidated damages but not as a penalty.

C. The successful offeror's security will be retained until the Contract is signed and the required Certificates of Insurance are furnished.

D. Prior to signing the Contract, the Owner will require a Payment Bond and a Performance Bond, each in the amount of 100% of the Contract Sum and each on forms approved by the Attorney General of Texas, on all contracts in excess of $25,000.00. The Owner reserves the right to require Payment and Performance Bonds on all other Contracts. All bonds and policies of insurance shall be approved by the Owner before the successful offeror may proceed with the work.

4. SALES TAX

Owner is exempt from sales tax on products permanently incorporated in work. Reference the Request for Competitive Sealed Proposals

5. CONTRACTOR COSTS INCLUDED IN CONTRACT SUM.

A. Products handling at site, including unloading, uncrating, and storage.

B. Protection of products from elements and from damage.

C. Labor for installation and finishing.

D. Other expenses required to complete installation.

E. Contractor general conditions, overhead and profit.

6. OWNER’S CONSTRUCTION CONTINGENCY

The Owner’s Construction Contingency is part of the Contract. Funds from the Owner’s Contingency may be expended for various amounts at the discretion of and as approved by the Owner. There are no minimum amounts required for use of these funds. These funds will be used as a contingency reduction and tracked on a Contingency Proposal Log and Construction Change Owner’s Contingency Authorization (CCOCA) forms. Unused contingency at the end of the project will be removed from the contract via change order.

7. NOT USED

8. EXAMINATION OF DOCUMENTS AND SITE OF WORK

Prior to submitting a proposal, each offeror shall examine the Drawings carefully, shall read the Project Manual and all other proposed Contract Documents, and shall visit the site of the Work. The submission of a proposal will be considered as conclusive evidence that the offeror has made such examination.

9. WITHDRAWAL OF PROPOSALS

A. An offeror may withdraw their proposal, either personally or by written request, at any time prior to the scheduled time for opening proposals.

B. No offeror may withdraw their proposal for a period of sixty calendar days after the date set for opening thereof, and proposals shall be subject to acceptance by the Owner during this period.

10. EXECUTION OF AGREEMENT

A. The form of Agreement which the successful Offeror will be required to execute will be the

Owner's standard form TWU A202.

B. The Best Value Offeror to whom the Contract is awarded shall, within fifteen (15) calendar days after notice of award and receipt of Agreement forms from the Owner, sign and deliver required copies to the Owner.

C. At or prior to delivery of the signed Agreement, the Offeror to whom the Contract is awarded shall deliver to the Owner those Certificates of Insurance required by the Contract Documents and such Labor and Materials Payment Bonds and Performance Bond as are required by the Owner.

D. Bonds and Certificates of Insurance shall be approved by the Owner before the successful

Offeror may proceed with the Work. Failure or refusal to provide Bonds or Certificates of Insurance in a form satisfactory to the Owner shall subject the successful Offeror to loss of time from the allowable construction period equal to the time of delay in furnishing the required material.

11. INTERPRETATION OF CONTRACT DOCUMENTS PRIOR TO SUBMITTING A PROPOSAL

A. If any person contemplating submitting a proposal for construction of the Work is in doubt as to the true meaning of any part of the proposed Contract Documents, or finds discrepancies in or omissions from any part of the proposed Contract Documents, he may submit to the Architect a written request for interpretation thereof not later than seven days before proposals will be opened. The person submitting the request shall be responsible for its prompt delivery.

B. Interpretation or correction of proposed Contract Documents will be made only by

Addendum and will be e-mailed or delivered to each general contractor of record submitting a proposal. The Owner will not be responsible for any other explanations or interpretations of the proposed Contract Documents.

12. CONSTRUCTION TIME AND LIQUIDATED DAMAGES

A. The Agreement will include a stipulation that the Work be completed no later than the number of calendar days or date to complete from Notice to Proceed identified by the offeror in the proposal. Work shall commence on or before the date established in the Owner's Notice to Proceed.

B. The Agreement will include a stipulation of liquidated damages. The amount to be in accordance with the schedule as stated in the Special Conditions and assessed per calendar day for each calendar day after the agreed completion date that the Work is not fully certified by the Architect as being Substantially Complete as that stage of completion is defined in the State of Texas Uniform General Conditions for Construction Contracts.

13. PARTICIPATION BY HISTORICALLY UNDERUTILIZED BUSINESSES

It is the policy of Texas Woman’s University to actively seek the involvement of Historically Underutilized Businesses (minority-owned and women-owned businesses) in its construction projects as prime contractor, subcontractors, and material suppliers. A state law has been adopted that required each state agency, including Texas Woman’s University (TWU), to make a good faith effort to maximize opportunities for Historically Underutilized Businesses (HUB’s) to provide materials, supplies, equipment and services. The term “Historically Underutilized Business” means minority-owned and women-owned business as defined in the law (see the HUB SUBCONTRACTING PLAN section).

Accordingly, Historically Underutilized Businesses (HUB’s) qualified to do so are encouraged to propose on this project. All offerors on this project are encouraged to give particular attention in preparing their proposals to including HUBs as subcontractors and material suppliers at any tier for a total value of at least 30% of the amount of their proposal. Offerors are urged to plan their HUB participation well in advance of the date set for the proposal opening. Each offeror is requested to state in its proposal the respective percentages of the proposed amount represented by such subcontractors and suppliers that

(a) are HUBs because minority-owned and (b) are HUBs because women-owned. The University strongly encourages the offerors that these two percentages add up to at least 30% of the amount of the proposal. The steps that the University encourages offerors, which are not themselves HUBs, to take in order to increase their HUB participation are described in the HUB SUBCONTRACTING PLAN section.

The Best Value Offeror must submit to the Owner a Historically Underutilized Business Plan which lists any HUB participants. This HUB Plan will be listed in the Contract as a Contract Document. The Contractor will be expected, in performing the Contract, to comply with, or exceed, the HUB Plan. The Contractor must document each month any payment to a HUB. Please refer to the HUB SUBCONTRACTING PLAN section for additional information pertaining to HUB participation in this project. Failure to report will result in contractors being removed from future proposals at TWU.

END OF INSTRUCTIONS TO OFFERORS

PROPOSAL FORM

for

East Campus Infrastructure

TEXAS WOMAN'S UNIVERSITY

DENTON CAMPUS

PROJECT NO. 100657

Name of Offeror

Date of Proposal

To: Board of Regents (Owner) Texas Woman's University Denton, Texas

PURSUANT TO AND IN COMPLIANCE WITH THE REQUEST TO PROVIDE A COMPETITVE SEALED

PROPOSAL, AND THE CONTRACT DOCUMENTS RELATING TO: PROJECT NO. 100657, EAST

CAMPUS INFRASTRUCTURE. The undersigned, having examined the drawings and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed work, hereby proposes to furnish all labor, material, equipment, and supplies and to fully perform the Work in accordance with the Contract Documents, within the time set forth herein, and at the price set forth below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents of which this proposal is a part.

In submitting this proposal, the Offeror agrees:

1. To hold my Proposal open through the sixtieth (60th) day following the day for submitting this

Proposal.

2. To accept the provisions of the Instructions to Offerors regarding disposition of Proposal Security.

3. To enter into and execute an Agreement if awarded on the basis of this Proposal, and to furnish

Performance and Payment Bonds in accordance with the Uniform General Conditions and Supplementary General Conditions.

4. To accomplish the Work in accordance with the Contract Documents.

5. To furnish to the Owner within 72 hours of the time of the proposal opening a breakdown of the proposal price separating the cost of materials to be incorporated into the real property from the cost of all other labor, materials, equipment, and services necessary to complete the work. (To be furnished by selected Best Value Offeror only.)

ADDENDA

The Offeror further agrees, and acknowledges, the following Addenda have been received and that the entire contents have been incorporated into this Proposal:

No. , dated No. , dated

No. , dated No. , dated

PROPOSAL ITEMS:

It is the intention of the Owner to award the contract for this project on the basis of the Best Value Proposal for which funds are available and as may be accepted by the Owner.

Each proposal item shall include all labor, materials, services and equipment necessary to perform all the Work and General Conditions items as described in the contract documents. The following lump sum prices shall be the basis of total compensation for furnishing and installing each item of work, complete in place:

BASE Pricing:

BASE PRICING COST INCLUDES ALL WORK AS SHOWN ON THE PLANS AND

SPECIFICATIONS:

BASE PRICE: ($ )

ALTERNATE PROPOSAL ITEM NO. 1

COST TO PERFORM THE WORK ASSOCIATED WITH THE CONSTRUCTION AND FINISH OF

THE FOLLOWING SPACES:

[Add or Delete]: ($ )

**Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. Total Base Price amount shall include the Owner’s Construction Contingency Allowance.

TIME FOR COMPLETION OR LIQUIDATED DAMAGES

The undersigned agrees to complete all of the work, ready for the Owner's acceptance no later than:

Storm Sewer – February 15, 2024 Electrical Ductbank - The portion north of the HSC to be completed by February 15, 2024; The portion of the duct bank that runs north-south to the east the HSC to be complete by October 1, Box Culverts - February 15, 2024 Sidewalks, Lighting, Security Poles Above New Box Culverts – April 15, 2024 Fiber Optics Relocation – October 1, 2024 Remaining Storm Water Scope - October 1, 2024 Parking Road and Associated Sidewalks, Lighting, and Security Poles - October 1, 2024 after Owner’s Notice To Proceed, and as set forth in the Special Conditions, and fully realizing that the Contract will carry liquidated damages provisions.

PARTICIPATION BY HISTORICALLY UNDERUTILIZED BUSINESSES:

The Offeror agrees that, if awarded the Contract, it will have “Historically Underutilized Businesses,” as that term is defined in the HUB PARTICIPATION PROGRAM section of the Request for Proposals, participate in the Work to the extent indicated below. Such participation in the Work means that amounts equal to or greater than the stated percentages of the total contract amount will be paid to such Historically Underutilized Businesses for work done under Subcontract, for the supply of materials to be incorporated in the Work, and (if the Offeror itself is a Historically Underutilized Business) for work accomplished by the Offeror with its own forces. Double counting shall be avoided.

A. If an award is issued, do you plan to utilize a subcontractor for all or any portion of the contract?

Yes No

B. If yes, what percentage of work will be subcontracted with a HUB? % C. If “no” to question A above, explain below, or in a separate document, why no subcontracting opportunities are available or what efforts were made to subcontract part of this project?

D. Are you certified as a Texas HUB? ___Yes ___No GSC VID/Certificate No.:

ADDITIONAL PROPOSAL CONDITIONS:

Under Section 231.006, Family Code (Relating to Child Support), the Offeror certifies that the individual or business entity named in this proposal is not ineligible to receive the specified payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.

If the paragraph above is applicable, provide name and social security number of each person with at least 25% ownership. Offerors that have pre-registered this information on the GSC centralized master offerors list have satisfied this requirement.

By signature of this proposal, offeror certifies that the corporation is in good standing with all requirements of Chapter 171, State of Texas Tax Code, regarding Franchise Tax as defined in the Tex.

Bus. Corp. Act Ann art. 2.45 (Vernon Supp. 1996).

I am an agent of the Proposal Firm named below, authorized to submit this Proposal. A copy of current Power of Attorney is attached certifying agent's authority to bind Offerors. (If required).

Signed and notarized Affidavit form is attached.

PROPOSING FIRM

By: SEAL IF INCORPORATED

(TITLE)

ADDRESS:

Phone:

Fax:

CONTRACT AGREEMENT

1. The agreement between the Owner and the Contractor will be executed on the Owner's Standard

Form TWU A202.

TWU A202 Standard Form of Agreement Between Owner and Contractor Page 1 of 6 Project # Name of Project Date Location Filed in x drive

TEXAS WOMAN’S UNIVERSITY

Standard Form of Agreement Between Owner and Contractor where the basis of payment is a

STIPULATED SUM

THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH

AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION

Use only with the current edition of the Uniform General Conditions for State of Texas Building Construction Contracts.

AGREEMENT

Made as of the XXth day of Month in the year of TWO THOUSAND SIXTEEN.

BETWEEN the Owner: Texas Woman's University Denton, Texas and the Contractor: Company Name of Contractor Address Address

Federal ID No.: 75-xxxxx

The Project: TWU xxxx Project NO. TWU# Address Denton Campus

The Consultant: (Frank L. Wright) n/a

The Owner and the Contractor agree as set forth below.

TWU A202 Standard Form of Agreement Between Owner and Contractor Page 2 of 6

Name of Project Date Location Filed in x drive

ARTICLE 1

CONTRACT DOCUMENTS

1.1 The Construction Documents consist of this Agreement, Conditions of the Contract (General, Supplementary, Special and other), a Scope of Work to be accomplished, Project Drawings, Specifications, all Addenda issued prior to and written modifications after execution of this Agreement, in addition to all other documents, requirements and/or specifications included in the “Project Manual”. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Paragraph 1.2.

1.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, except for modifications issued after the execution of this Agreement, are enumerated as follows:

Cooperative Contract #XXXX Drawings by X Addendum #1

ARTICLE 2

THE WORK

2.1 The Contractor shall perform all the Work required by the Contract Documents for

Project Name Project No.

Texas Woman's University Address

Denton, Texas

2.2 The Work shall include Base Proposal and at the Owner’s discretion additional work to be funded through the Owner’s Contingency.

2.3 Weekend work is allowed.

2.4 Construction Activity can not begin until 7:00 a.m. each work day, unless agreed otherwise.

ARTICLE 3

PROJECT STAFF AND SUBCONTRACTORS

3.1 The Contractor’s staff designated at the onset of the project shall maintain allocated responsibility through duration of Contractors activity on site from mobilization until Substantial Completion.

3.2 Staffing reallocation, role modification or responsibility changes shall be approved in writing by Owner prior to implementation by Contractor.

3.3 The Contractor shall not substitute staff listed in proposal without written authorization by Owner.

3.4 Contractor shall submit final subcontractor list to Owner. Attach a schedule of values for subcontractor’s responsibility.

3.5 The Contractor shall not unilaterally remove a subcontractor or HUB subcontractor without the approval of the Owner’s Contract Administrator and Contract Manager.

TWU A202 Standard Form of Agreement Between Owner and Contractor Page 3 of 6

Name of Project Date Location Filed in x drive

ARTICLE 4

TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

4.1

4.2

4.3

4.4

5.1

5.2

The Work to be performed under this Contract shall commence within 10 business days after notice to proceed and, subject to authorized adjustments, Substantial Completion shall be achieved no later than Date after notice to proceed is issued.

Failure to Commence Work per Paragraph 4.1 constitutes Breach of Agreement.

The Owner will rely on the Contractor’s Critical Path Method (CPM) Schedule of activity for planning and scheduling of work performed by the Owner’s other contractors and vendors.

LIQUIDATED DAMAGES:

It is agreed that the Owner will suffer loss if the Work is not substantially completed on or before the date set forth in this Agreement. If the Contractor neglects, fails or refuses to complete the work within the time herein provided, or any proper extension thereof granted by the Owner, the Contractor shall pay to the Owner Liquidated Damages in the amount of $ TBD for each and every calendar day during which the work remains incomplete, meaning that the work has not reached the point of substantial completion.

ARTICLE 5

CONTRACT SUM

The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Contingency Reduction and/or Change Order as provided in the Contract Documents.

The Contract Sum is determined as follows:

Base Bid Item $ 4 Owner’s Contingency $ 2

TOTAL BASE BID $ 6

Alternate #1 (accepted) $ 3

TOTAL CONTRACT SUM $ 9

5.3 Owner’s Contingency will be used at Discretion of Owner’s Representative as described in the contract documents.

5.4 100% of the balance of funds remaining in the Owner’s Contingency at Substantial Completion shall be returned to Owner in the form of a deductive Change Order resulting in a reduction in the contract amount.

5.5 The Owner gives confirmation that the Total Contract Sum has been set aside in the appropriate account to fund the project.

TWU A202 Standard Form of Agreement Between Owner and Contractor Page 4 of 6

Name of Project

ARTICLE 6

PROGRESS PAYMENTS

6.1 Based upon Applications for Payment submitted to the Architect/Engineer by the Contract and Certificates for Payment issued by the Architect/Engineer, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Contract Documents for the period ending the last day of the month as follows: no later than forty-five ( 45 ) days following the end of the period covered by the Application for Payment ninety-five percent ( 95% ) of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety-five percent ( 95% ) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to one hundred percent (100%) of the Contract Sum, less such amounts as the Architect/Engineer shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents.

ARTICLE 7

FINAL PAYMENT

7.1 Final payment, constituting the entire unpaid balance of the Contract Sum subject to Article 6, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract terms fulfilled and certified by the Architect/Engineer.

7.2 The Contractor may submit an Application for Final Payment for the remaining five (5%) of the Contract

Sum after receipt of Certificate of Substantial Completion.

ARTICLE 8

MISCELLANEOUS PROVISIONS

8.1 Terms used in this Agreement, which are defined in the Uniform General Conditions of the Contract, shall have the meanings designated in those Conditions.

8.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1.

ARTICLE 9

PROJECT PROGRESS DOCUMENTATION

9.1 The contractor will submit weekly progress reports.

Or

9.1 The contractor will conduct the weekly progress meetings and distribute meeting minutes for each

9.2 The Contractor will maintain and distribute a Contingency Reduction Log, RFI Log and Shop Drawing

Submittal Log.

9.3 The Contractor shall provide weekly photographic documentation sufficient to track progress of work. The photographs shall be labeled and illustrate the before/ after as well as construction and finish progress and completion. At the conclusion of the project the contractor shall provide TWU a compact disk (CD) with the photographs indexed and labeled for each month.

9.4 The Contractor shall provide a contact sheet and CD of digital photographs of previous month’s progress at one of the Progress Meetings.

9.5 TWU shall receive one copy of any professional or aerial photographs

TWU A202 Standard Form of Agreement Between Owner and Contractor Page 5 of 6

Name of Project

ARTICLE 10

DISPUTE RESOLUTION

10.1 The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described herein, by Texas Woman's University and the contractor to attempt to resolve any claim for breach of contract made by the contractor:

10.1a A contractor’s claims for breach of this contract that the parties cannot resolve in the ordinary course of business shall be submitted to the negotiation process provided in Chapter 2260, subchapter B, of the Government Code. To initiate the process, the contractor shall submit written notice, as required by subchapter B, to the Contract Administrator. Said notice shall specifically state that the provisions of Chapter 2260, subchapter B, are being invoked. A copy of the notice shall also be given to all other representatives of Texas Woman's University and the contractor otherwise entitled to notice under the parties’ contract. Compliance by the contractor with subchapter B is a condition precedent to the filing of a contested case proceeding under Chapter 2260, subchapter C, of the Government Code.

10.1b The contested case process provided in Chapter 2260, subchapter C, of the Government Code is the contractor’s sole and exclusive process for seeking a remedy for any and all alleged breaches of contract by Texas Woman's University if the parties are unable to resolve their disputes under subparagraph (A) of this paragraph.

10.1c Compliance with the contested case process provided in subchapter C is a condition precedent to seeking consent to sue from the Legislature under Chapter 107 of the Civil Practices and Remedies Code. Neither the execution of this contract by Texas Woman's University nor any other conduct of any representative of Texas Woman's University relating to the contract shall be considered a waiver of sovereign immunity to suit.

10.2 Neither the occurrence of an event nor the pendency of a claim constitute grounds for the suspension of performance by the contractor, in whole or in part.

ARTICLE 11

TERMINATION OF AGREEMENT

The provisions for termination of the Agreement are as follows:

11.1 The Owner reserves and has the right and privilege of canceling, suspending or abandoning execution of all or any work in connection with this Agreement at any time upon written notice to the Contractor. The Contractor may terminate this Agreement upon seven (7) days written notice to the Owner only if the Owner substantially fails to perform obligations under Article 6 of this Agreement, and after adequate written notice is delivered to Owner so the Owner can correct the problem.

11.1a. In the event of termination, the Owner shall pay to the Contractor as full payment for all services performed and all expenses incurred under this Agreement, the appropriate portion of sum due under Paragraph 5.2 as shall have become payable because of the progress in the Work as the services actually rendered hereunder by the Contractor bear to the total services necessary.

11.1b. In ascertaining the services actually rendered hereunder up to the date of termination of this

Agreement, consideration shall be given to both completed work and work in progress.

11.1c For any said sum paid under this Article, and agreed to by the Owner and Contractor, the Contractor agrees to accept same in full settlement of all claims for services rendered under this Agreement.

TWU A202 Standard Form of Agreement Between Owner and Contractor Page 6 of 6

Name of Project

ARTICLE 12

EXECUTION BY SIGNATURE

This agreement dated Month XX, 2016

12.1 Issuance and written acknowledgement of receipt of a purchase order number shall constitute notice to proceed.

12.2 Contractor shall review and sign the original copy prior to signature of Texas Woman’s University Vice President for Finance and Administration.

12.3 Signature below of Vice President for Finance and Administration shall execute contract.

This Agreement entered into as of the day and year first written above.

OWNER CONTRACTOR

Texas Woman's University Name of Company

Printed Name Printed Name

Signature Signature

Title Title

Date Date

PERFORMANCE BOND

STATE OF TEXAS

COUNTY OF

LET IT BE KNOWN BY THIS INSTRUMENT:

That we, as Principal, and we, , a corporation duly authorized to do business in this State, as Surety(s), are this date held and firmly bound unto the State of Texas in the amount of Dollars $ for the payment of which indemnity the said Principal and Surety, by this declaration, do firmly bind themselves, their heirs, executors, administrators, successors and assigns, jointly and individually.

Since a Contract, which by reference is made a part hereof, exists between the Principal and the State of Texas, acting by and through the State Purchasing and General Services Commission, and dated for the , the conditions of this obligation are, therefore, such that it shall remain in full force and effect unless and until the Principal shall faithfully perform the Contract in accordance with the Contract Documents.

In the event of Principal's failure, as defined by the Contract Documents, to faithfully perform the Contract, Surety(s) will within fifteen (15) days of determination of default, assume full responsibility for completion of said Contract and become entitled to payment of the balance of the Contract amount.

The liabilities, rights, limitations, and remedies concerning this bond shall be determined in accordance with the provisions of Article 5160, Vernon's Texas Civil Statutes pursuant to which this Bond is executed.

IN WITNESS TO THIS DECLARATION, the said Principal and Surety(s) have signed and sealed this instrument this day of

PRINCIPAL SURETY

By By ____________________

Bond Identification No. Address of Attorney-in-Fact

(Use of this form for the purposes indicated has been approved by the Attorney General of Texas)

PAYMENT BOND

STATE OF TEXAS

COUNTY OF

LET IT BE KNOWN BY THIS INSTRUMENT:

That we, as Principal, and we, , a corporation duly authorized to do business in this State, as Surety(s), are this date held and firmly bound unto the State of Texas in the amount of Dollars $ for the payment of which indemnity the said Principal and Surety, by this declaration, do firmly bind themselves, their heirs, executors, administrators, successors and assigns, jointly and individually.

Since a Contract, which by reference is made a part hereof, exists between the Principal and the State of Texas, acting by and through the State Purchasing and General Services Commission, and dated for the , the conditions of this obligation are, therefore, such that it shall remain in full force and effect unless and until the Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in the said Contract.

The liabilities, rights, limitations, and remedies concerning this Bond, made solely for the protection of claimants as defined by Article 5160, Vernon's Texas Civil Statutes, shall be determined in accordance with the provisions of said Statute, pursuant to which this Bond is executed.

IN WITNESS TO THIS DECLARATION, the said Principal and Surety(s) have signed and sealed this instrument this day of

PRINCIPAL SURETY

By By ____________________

Bond Identification No. Address of Attorney-in-Fact

(Use of this form for the purposes indicated has been approved by the Attorney General of Texas)

Addendum/Addenda

Application for Payment

Application for Final Payment

Architect/Engineer (A/E)

Authority Having Jurisdiction

Baseline Schedule

Certificate of Final Completion

Certificate of Substantial Completion

Change Order

Close-out Documents

Contract

Contract Date

Contract Documents

Contract Sum

Contract Time

Contractor

Construction Documents

Construction Manager-at-Risk

Date of Commencement

Day

Design-Build

Drawings

Final Completion

Final Payment

Historically Underutilized Business (HUB)

Notice to Proceed

Open Item List

Owner

Owner’s Designated Representative (ODR)

Project

Progress Assessment Report (PAR)

Proposed Change Order (PCO)

Punchlist

Record Documents

Request for Information (RFI)

Samples

Schedule of Values

Shop Drawings

Site

Special Conditions

Specifications

Subcontractor

Submittal Register

Substantial Completion

Supplementary General Conditions

Unit Price Work

Unilateral Change Order (ULCO)

Work

Work Progress Schedule

2018 SUPPLEMENTARY GENERAL CONDITIONS

TO THE STATE OF TEXAS 2015 EDITION OF THE UNIFORM GENERAL

CONDITIONS FOR CONTRACTS

The following Supplementary General Conditions amend and/or supplement the 2015 edition of the Uniform General Conditions for Construction Contracts and, at TFC’s sole discretion, provides for bonding per GMP.

Article 5. Bonds and Insurance

5.1. Construction Bonds.

Subsection 5.1.1.1 is supplemented to modify 5.1.1.1, as follows:

A Performance bond is required if the Contract Sum is in excess of $100,000. The performance bond is solely for the protection of Owner.

Except for Construction Manager-at-Risk Contracts where, in Owner’s sole discretion and determination, a Performance Bond is acceptable in the amount of the guaranteed maximum price (GMP), the performance bond is to be for the Contract Sum to guarantee the faithful performance of the Work in accordance with the Contract Documents. The form of the bond shall be approved by the Office of the Attorney General of Texas. The performance bond shall be effective through Contractor’s warranty period.

Subsection 5.1.1.2 is supplemented to modify 5.1.1.2, as follows:

A Payment bond is required if the Contract price is in excess of $25,000. Except for Construction Manager-at-Risk Contracts where, in Owner’s sole discretion and determination, a Payment Bond is acceptable in the amount of the guaranteed maximum price (GMP), the payment bond is to be for the Contract Sum and is payable to Owner solely for the protection and use of payment bond beneficiaries. The form of the bond shall be approved by the Office of the Attorney General of Texas.

5.2 Insurance Requirements.

Subsection 5.2.4 is supplemented to add the following new paragraphs:

5.2.4.1 Contractor shall deliver to Owner true and complete copies of the General Contractor’s certificates prior to the issuance of any Notice to Proceed.

5.2.4.2 Failure of Owner to demand such certificates or other evidence of

Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance.

5.2.4.3 The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents.

5.2.4.4 The insurance coverage and limits established in the Uniform General

Conditions, Supplementary General Conditions, or Special Conditions shall not be interpreted as any representation or warranty that the insurance coverage and limits necessarily will be adequate to protect Contractor.

Article 2. Wage Rates and Other Laws Governing Construction

Add Section 2.7 as follows:

2.7 Buy America Requirements for Iron and Steel Used in Construction. In accordance with Texas Government Code 2252, Section 2252.202, all iron or steel products (i.e., rolled structural shapes including wide flange beams and columns, angles, bars, plates, sheets, hollow structural sections, pipe, etc.) shall be produced, manufactured and fabricated in the United States.

End of Supplementary General Conditions

TEXAS WOMAN’S UNIVERSITY

SUPPLEMENTARY GENERAL CONDITIONS

March 4, 2020 Supplementary General Conditions - 1 Project Name

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1.0 GENERAL

1.1 These Supplementary General Conditions amend and supplement the Uniform General Conditions and shall govern in the event of any conflict with said General Conditions.

1.2 The Uniform General Conditions, these Supplementary General Conditions and Special Conditions, together with the Drawings, Project Manual and the Owner-Contractor Agreement are complementary to the Contract, each with the other, as if therein specifically reiterated.

1.5 REF: ARTICLE 1.5

The State Fire Marshal’s Office is the authority having jurisdiction on life safety items. Otherwise, Texas Woman’s University is the authority having jurisdiction.

2.3 REF: ARTICLE 2.3 “Venue in Suits”

2.3.1 The venue for any suit shall be in the jurisdiction of Denton County in lieu of Travis County.

3.1.2 REF: ARTICLE 3.1.2 “Owner’s Designated Representative"

3.1.2.5 The Associate Vice President of Facilities Management will provide general administration of the Contract. The Director, Construction Services or their designee will be the Owner's representative during construction and until final payment.

3.3.2 REF: ARTICLE 3.3.2 “Contractor’s Management Personnel”

3.3.2.1 TWU requires full-time on-site supervision by dedicated superintendent. The project superintendent shall be responsible for this project and site during the duration of the construction until completion.

5.2 REF: ARTICLE 5.2 Insurance Requirements

5.2. The TWU Third Party Insurance Standards document for supplemental requirements is published via this link: https://twu.edu/media/documents/risk-management/TWU-Third-Party- Insurance-Standards.pdf

6.1.1 REF: ARTICLE 6.1.1 “Copies Furnished"

6.1.1 The Contractor will not be furnished any complete sets of Contract Drawings and

Specifications they are posted on line for Contractor to print what is needed for the project.

8.3.1.4 REF: ARTICLE 8.3.1.4 "Shop Drawings and Submittals"

8.3.1.4 All submittals will be subject to review by the Owner and routine review procedures shall be in accordance with those established by the Owner at a pre-construction conference held at the start of the Work. Items on which submittals are required are listed in the specifications but failure to list an item does not exempt the Contractor from being required to submit on such items if requested by the Architect/Engineer and/or Owner.

11.8 REF: 11.8 Pricing Change Order Work.

11.8 The contractor will comply with section 11.8 Pricing Change Order Work when requesting approval to use of the Owner’s Contingency funds via the TWU Construction Change Owner’s Contingency Authorization (CCOCA) process.

SUPPLEMENTARY GENERAL CONDITIONS

March 4, 2020 Supplementary General Conditions - 2 Project Name

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12.1.1 REF: ARTICLE 12.1.1 "Substantial Completion Inspection"

12.1.1 In addition to items listed in this section. The contractor shall submit the following items to the Architect:

1. Report of all tests showing satisfactory function of every operable system as required.

2. Listing of outstanding items for all operable systems and equipment.

3. Certification that the Owner's personnel have been instructed in the use, maintenance and operation of all operable systems and equipment.

END OF SUPPLEMENTARY GENERAL CONDITION

Texas Woman’s University Third Party Insurance Standards

I. Requirements For All Insurance Policies:

1. All policies provided to Texas Woman’s University (TWU) as proof of insurance must be insured by a carrier that is authorized to sell insurance in the state the applicable activity will occur. Additionally, all carriers must have an AM Best financial strength rating of “A-” and a financial size category of “VII” or better.

2. All insurance policies required must be written on an occurrence basis (with the exception of professional liability and pollution liability which can be written on a claims-made basis as described below).

3. All policies, other than Worker’s Compensation and professional liability, shall name

“Texas Woman’s University and its Board of Regents, officers, employees, agents, and volunteers” as Additional Insureds.

4. All policies will be endorsed to provide a Waiver of Subrogation in favor of “Texas

Woman’s University and its Board of Regents, officers, employees, agents, and volunteers”.

5. All policies, other than Worker’s Compensation, will be endorsed to be primary and noncontributory with any other insurance coverages or retention carried by

TWU.

6. Certificates of Insurance must be provided for all required insurance policies to Risk

Management on forms approved by the Texas Department of Insurance at least 10 business days prior to services being provided or facilities being used. Any policy endorsements necessary to meet these requirements must also be provided.

Furnishing a certificate that does not meet TWU’s insurance requirements does not amend or alter the agreement nor provide proof that you have met these requirements.

7. Insurance maintained by a contractor shall include all subcontractors as additional insureds under its policies, or the contractor shall ensure that all subcontractors maintain insurance meeting TWU’s minimum insurance requirements.

8. No policy will be canceled until 30 days after written notice to TWU. 30 days notice must also be given prior to any material changes, cancellation or nonrenewal to policies active during the contract or agreement including any warranty periods required by the contract. Renewal certificates must be received by TWU at least 5 days prior to expiration.

9. Third parties shall assume any and all deductibles for required insurance policies.

TWU Third Party Insurance Standards 1 January 2020 https://www.tdi.texas.gov/certificates/listing.html

10.Any modification or variation from the insurance requirements listed in this document must be approved in writing by TWU Risk Management. Failure of the Contractor to fully comply with these requirements during the term of the contract will be considered a material breach of contract and will be cause for immediate termination of the contract at the option of TWU.

II. Required Insurance and Limits Based on

Contract/Agreement

Minimum Requirements and Limits for Contracts and Agreements for Services or to

Use TWU Facilities:

1. Commercial General Liability

a. $1,000,000 per occurrence/$2,000,000 aggregate

b. $2,000,000 Products/Completed Operations

c. $1,000,000 Personal and Advertising Injury

d. $5,000 Medical Expense (any one person)

e. Coverage will be provided using ISO form CG 00 01 or equivalent

2. Commercial Auto Liability

a. $1,000,000 each accident for bodily injury and property damage

b. Must cover all vehicles used to fulfill the contract/agreement requirements

c. Must include Personal Injury Protection (PIP)

f. Coverage will be provided using ISO form CA 00 01 or equivalent

3. Worker’s Compensation

a. Statutory Limits

4. Employers’ Liability

a. $500,000 each accident

b. $500,000 each employee

TWU Third Party Insurance Standards 2

c. $500,000 policy limit

Additional Requirements Depending on Activities:

1. Damage to Rented Premises

a. Required for rental and short-term lease of TWU facilities

b. $50,000 Damage to Rented Premises

c. Perils insured shall be equivalent to ISO special causes of loss form CP 10 30, and the valuation of covered property shall be the replacement cost

2. Liquor Liability

a. Required if alcoholic beverages will be distributed, sold, or served or if activities require a liquor license.

b. $1,000,000 each occurrence limit for bodily injury and property damage

c. $1,000,000 aggregate

3. Sexual Abuse or Molestation Coverage

a. Required if third party is a Youth Program Operator or operations involve more than incidental contact with minors.

b. $50,000 limit

4. Third Party Fidelity or Crime Insurance

a. Required if there will be access to TWU financial information and/or payments, or has special access to valuable TWU property, confidential or personal information, or on-site or remote access to TWU computer networks or data.

b. $1,000,000 limit per claim (if potential losses exceed this limit, additional insurance may be required)

c. Coverage shall be provided using ISO form CR 00 01 or its equivalent and shall include ISO endorsements CR 04 01 and CR 20 14 or their equivalents

5. Pollution Liability

TWU Third Party Insurance Standards 3

a. Required if services involve abatement, handling or transportation of hazardous materials and/or wastes.

b. Minimum limit of $1,000,000 per loss and aggregate (Risk Management may require higher limits depending on exposure).

c. If transporting hazardous materials/wastes; auto liability coverage must also be endorsed to include auto pollution endorsements using ISO form CA 99 48 or equivalent and Motor Carrier Act Endorsement MCS-90.

d. Coverage shall apply to sudden and gradual pollution condition resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, natural gas, waste materials, irritants, contaminants, or pollutants to include asbestos.

e. If coverage is written on a claims-made basis, the retroactive date applicable to coverage under the policy must precede the effective date of the contract.

Continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of three (3) years beginning from the time the work under the contract is completed.

6. Professional Liability (Other than IT Technology, Architects, or Engineers)

a. Required whenever the service provider is required to be licensed by the state of Texas and/or where the consultant's errors, or allegations of errors in judgement, planning, design, etc. could result in economic loss to TWU.

b. Minimum limit of $1,000,000 per loss and $2,000,000 annual aggregate.

c. The policy must cover professional misconduct or lack of ordinary skill for those positions defined in the scope of services in the contract.

d. Coverage shall be maintained for three (3) years after the completion of the work under the contract.

7. Professional Liability for IT Technology Consulting/Professional Services

a. Required for work involving IT technology including on-site or remote access to TWU computer networks or data.

b. Minimum limit of $1,000,000 per loss and $2,000,000 annual aggregate

c. For contracts over $500,000; $5,000,000 per loss and annual aggregate

TWU Third Party Insurance Standards 4

d. Insurance must provide coverage for the following risks:

i. Liability arising from theft, dissemination, and/or use of confidential information

ii. Network security liability arising from the unauthorized access to, use of, or tampering with computer systems

iii. Liability arising from the introduction of a computer virus into, or otherwise causing damage to computer systems

e. If coverage is written on a claims-made basis, the retroactive date applicable to coverage under the policy must precede the effective date of the contract.

Continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of two (2) years beginning from the time the work under the Contract is completed.

f. If coverage is written on an occurrence form, the insurance must be maintained for one (1) year following termination of the contract.

8. Drone Coverage

a. Required when unmanned aircraft/unmanned vehicles (“drones”) will be used on campus.

b. Minimum limit of $1,000,000 per loss and aggregate, and coverage.

9. Construction and Renovation Project Coverages

a. Required for construction and renovation projects.

b. Commercial general liability insurance aggregate limit listed above will be per project, and will be provided using ISO form CG 25 03 or its equivalent.

c. Employers’ Liability (higher limits than the defaults listed above)

i. $1,000,000 each accident

ii. $1,000,000 each employee

d. Builders Risk Insurance

i. Coverage amount and limits shall be equal to the cost to complete the project and include limits for soft costs.