1. No category

Fort Bend Independent
School District
(FBISD)
CSP Cover Sheet
Job No.:
14-047ML
Due Date:
03/04/2014
DUE NO LATER THAN 2:00 P.M. (CST)
LATE PROPOSALS WILL NOT BE ACCEPTED
Competitive Sealed Proposal (CSP)
Hightower High School Intercom Expansion and Replacement
PLEASE NOTE
Carefully read entire document.
Complete all forms and submit
your response with all appropriate
attachments.
Please submit your hard copy response in a
sealed envelope with Job No., description,
and marked “SEALED PROPOSAL”.
RETURN PROPOSAL PACKET TO:
Attn: Michele Leach, RTSBA– Director of Purchasing & Materials Management
Fort Bend Independent School District
555 Julie Rivers Drive
Sugar Land, TX 77478
For additional information contact Michele Leach at 281-634-1828 or by email at
[email protected]
You must sign below in ink and all responses must be typewritten or written in ink
Company Name:
Company Address:
City, State, & Zip
Taxpayer I.D. #
Telephone #
Fax # ______________ e-mail
Print Name
Signature
Your signature attests to your offer to provide the goods and/or services in this
proposal according to the published provisions of this Job. Contract is not valid until
FBISD Board has approved the award.
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
CSP 14-047ML Hightower High School Intercom Expansion and Replacement
FBISD is a K-12 public school district in Fort Bend County serving a student enrollment of over 71,000. The
district currently consists of 74 campuses and 14 administrative sites. The intention of this Competitive Sealed
Proposal (CSP) is to solicit proposals for the Hightower High School Intercom Expansion and Replacement.
Due to deficiencies identified during an audit of Hightower High School, Field House and Portable Classrooms,
this project aims to restore and expand the existing intercommunication and program system. Scope includes
replacing the main sound/program control equipment and drops to classrooms, also replace handsets, speakers
(interior & exterior) and the existing clock system. Please note specifics for Alternate No. 1 regarding the
Performance Gym on Sheet E1.3, Area C .1; Specification Section 27 51 23, Paragraph 2.3.
AVAILABILITY OF PLANS AND SPECIFICATIONS:
Drawings and specifications for CSP 14-047ML will be available beginning Tuesday, February 18, 2014 and
may be obtained from the following location, upon refundable deposit of $200.00 for each set of plans and
specifications. Deposit Checks should be made payable to FBISD.
o
FBISD Design and Construction Department, 2323 Texas Parkway, Missouri City TX 77489,
281-634-5590
Upon completion of this solicitation, checks will be returned to those proposers who return the Drawings and
Specifications in a manner that can be reused by FBISD during construction.
Drawings and Specifications should be returned to FBISD DESIGN AND CONSTRUCTION DEPARTMENT
at 2323 Texas Parkway, Missouri City TX 77489 within 15 calendar days from the day when the CSP’s are due
to FBISD. Such returned drawings and specifications will be reviewed by FBISD staff members and checks
returned to proposers within 30 days.
PRE PROPOSAL CONFERENCE:
A pre-proposal conference is scheduled for
Date
Time
Location
Monday, February
24, 2014
10:00 AM
FBISD Distribution Center
555 Julie Rivers Dr.
Sugar Land TX 77478
Location Phone:
281-634-1841
281-634-1828
281-634-1801
Attendance is not mandatory but all proposers are highly encouraged to attend in order to have a better
understanding of the requirements of this CSP. Persons with disabilities requiring special accommodations
should contact Michele Leach, Director of Purchasing & Materials Management at 281-634-1828 at least two
(2) days prior to the conference.
Special Note
Please be reminded that all FBISD campuses and departments are tobacco, drug and weapon free facilities.
Vendors are responsible for the conduct of their employees and adherence to FBISD building policies.
General Terms, Conditions and Requirements for Solicitations
This solicitation shall be governed by the following documents which are incorporated herein. A copy may be
obtained at: http://www.fortbendisd.com/docs/purchasing/general-provisions-for-purchasing-solicitations-andcontracts.pdf or by contacting the Fort Bend ISD Buyer listed on the cover sheet. Any exception to the terms
and conditions must be included in the Proposer’s response.
Texas Education Code 44; Texas Government Code Chapter 2269
Purchasing and Acquisition, FBISD Policy CH (Legal)
Purchasing and Acquisition, FBISD Policy CH (Local)
Response Requirements
FBISD will accept sealed proposals either by mail or hand delivery until March 4, 2014 at 2:00 PM CST
Proposals received after the opening date and time will not be accepted and will be returned unopened.
Proposers should include five (5) copies, in addition to their original proposal, at time of submission. Original
and copies should be submitted in a SEALED ENVELOPE with the project: “CSP 14-047ML Hightower High
School Intercom Expansion and Replacement” along with the proposers name clearly visible on the front of the
envelope.
PLEASE NOTE: IT IS THE RESPONSIBILITY OF THE PROPOSERS TO CHECK FOR ANY
ADDENDUMS ON THE FORT BEND ISD PURCHASING WEBSITE PRIOR TO SUBMITTING A
PROPOSAL.
Scope of Proposal
Due to deficiencies identified during an audit of Hightower High School, Field House and Portable Classrooms,
this project aims to restore and expand the existing intercommunication and program system. Scope includes
replacing the main sound/program control equipment and drops to classrooms, also replace handsets, speakers
(interior & exterior) and the existing clock system. Please note specifics for Alternate No. 1 regarding the
Performance Gym.
All
Fort
Bend
ISD
procurement
solicitations
and addendums can be downloaded at
PLEASE
NOTE
THAT
IT
IS
THE
RESPONSIBILITY OF THE PROPOSERS TO CHECK FOR ANY ADDENDUMS ON THE FORT BEND
ISD PURCHASING WEBSITE PRIOR TO SUBMITTING A PROPOSAL.
http://purchasing.fortbendisd.com/CurrentBids.aspx.
For information and questions regarding:
•
Proposal Process contact Michele Leach, Director of Purchasing & Materials Management by phone at
281-634-1828 or by email at [email protected].
o
Project Manual & Drawings should be directed to: Rosemary Grant, Project Manager, of the
FBISD Design and Construction Department by phone at 281-634-5909 or by email at
[email protected]
The Engineer of record for this project is: JSE Consulting Engineers, Inc.
16225 Park Ten Place, Suite 810
Houston, TX 77084
Drawings and Project Manual may be EXAMINED at following locations or plan room:
o
o
o
o
FBISD Design and Construction Department, 2323 Texas Parkway, Missouri City TX 77489,
281-634-5590
Association of Builders and Contractors of Greater Houston (ABC) c/o Virtual Builders
Exchange, 7035 West Tidwell, Building J, Suite 112, Houston, TX 77092, 832-613-0201
Associated General Contractors of Houston (AGC) c/o Triangle Reproductions, 8450 Westpark
Drive, Suite 100, Houston, TX 77063, 713-780-0236
National Association of Minority Contractors (NAMC Greater Houston), 3825 Dacoma Street,
Houston, Texas 77092, 713-843-3791
EVALUATION CRITERIA:
This proposal shall be evaluated using the evaluation criteria listed below. FBISD reserves the right to award
contract as best meets the District’s needs such as per section, groups, or all.
Evaluation Criteria
1
2
3
4
5
6
7
8
9
Purchase price
Vendor’s experience
Quality of vendor’s goods or services
Quality of vendor’s response in the proposal
Vendor’s safety record
Vendor’s proposed personnel-certifications, qualifications, experience
Assessment of submitted project plan and schedule
Past experience with FBISD and other school districts
Percentage of bonding capacity expended with the inclusion of this contract
TOTAL
Point
System
30 points
15 points
15 points
10 points
5 points
5 points
10 points
5 points
5 points
100 points
Criteria Notes:
Careful consideration should be given to all items of the above Evaluation Criteria table. The points awarded to
each item will be based on how well each contractor:
1.
2.
3.
4.
Provides thoroughly developed, competitive pricing using the tables in Pricing Delivery information
section of the CSP
Provides evidence of your experience in planning, staging and delivery of recent projects of similar
scope and scale
Provides evidence related to the quality of delivered goods and services, as well as the results of an
FBISD survey of references provided by each respondent
Effectively responds and processes all request for information and documentation included in this CSP
5.
6.
7.
8.
9.
Provides a summary of Experience Modification Rate (EMR) from last 3 to 5 projects of similar size
and scale, as well as a summary of your company’s safety policies and procedures
Provides information describing experience and qualifications of onsite leadership and key staff to be
assigned to the contracted work
Provides an effective project plan and schedule that addresses the scope presented in the Project
Manual / Specifications
Provides a summary of nature of work, on time delivery and quality of work contracted with FBISD
and/or other school districts and FBISD’s assessment of the presented summary
Proves that they have adequate bonding coverage to meet the fiduciary obligation required under the
FBISD Contractor Service Agreement
TIME TABLE:
FBISD anticipates following the time table listed below for this bid:
Item Activity
1
Job starts to advertise (1st run)
2
Job advertises (2nd run)
Date
February 18, 2014
February 25, 2014
3.
Pre-Proposal Conference 10:00 AM, CST
February 24, 2014
4.
March 4, 2014
Proposal Package Due 2:00 PM, CST
Presentation to Board of Trustees for contract award
April 21, 2014
(Tentative, subject to change)
Tabulations and awards posted to
April 2014
http://purchasing.fortbendisd.com/AwardedClosedBids.aspx
The time table above is only an estimate and actual dates may vary.
5.
6.
Special Terms and Conditions :
The onsite construction will commence Monday, June 9, 2014 with Substantial Completion including
punch list completion by Monday, August 18, 2014. Notice to Proceed, tentatively, will be issued April 29,
2014 to enable completion of project’s paperwork administration prior to work within the school
beginning June 9, 2014.
PRICE DELIVERY INFORMATION
\
1.
Respondent must complete the open boxes using information supplied in the Description section listed
above.
Bidder:
2.
BASE Bid:
$______________________
ALTERNATE #1: Replace Sound System in Performance Gym
$______________________
TOTAL AMOUNT OF PROPOSAL
$_______________________
PROJECT TIMELINES: The District allocates one hundred eleven (111) calendar days to complete
this project, upon execution of contract and issuance of Notice to Proceed. Contractor agrees the work
will be substantially completed within one hundred eleven (111) calendar days from executed contract
and issuance of Notice to Proceed. Substantial Completion date is August 18, 2014.
Should the Contractor anticipate lower calendar days to complete this project, please indicate below.
The District will consider contractor proposed lower calendar days and incorporate into contract if
deemed appropriate.
CONTRACTOR’S PROPOSED CALENDAR DAYS TO COMPLETE PROJECT: __________
(Enter only if LOWER than District’s proposed time)
3.
CONTINGENCY and LIQUIDATED DAMAGES:
OWNER’S CONTINGENCY: Fort Bend ISD will have funds available for Owner’s needs.
Contractor should not include any markups (overhead, profit, etc.) in the base bid for such contingency.
Section 2.7.6 of the General Conditions discusses procedures for markups.
LIQUIDATED DAMAGES: Contractor accepts the provisions of the Contract as to liquidated damages
in the event of failure to complete the work on time. Liquidated damages shall be the sum of two
thousand five hundred dollars ($2,500.00) per day for each calendar day that Substantial Completion
is delayed.
Further, the Contractor acknowledges that additional liquidated damages in the sum of three thousand
five hundred dollars ($3,500.00) per day for each calendar day shall be imposed for non completion of
punch list items beyond the stipulated and agreed upon calendar days at time of Substantial Completion.
4.
The undersigned CONTRACTOR proposes and agrees, if this Proposal is accepted, to enter into an
Agreement with OWNER in the form included in the Contract Documents to complete all work as
specified or indicated in the Contract Documents for the Contract Price and within the Contract Time
indicated in this Proposal and in accordance with the Contract Documents.
5.
CONTRACTOR accepts all of the terms and conditions of the Instructions to Bidders, including without
limitation those dealing with the disposition of Proposal Security. This Proposal will remain open for
sixty (60) days after the day of Proposal opening. CONTRACTOR will sign the Agreement and submit
the Contract Security and other documents required by the Contract documents within ten (10) calendar
days after the date of the OWNER'S Notice of Award.
6.
In submitting this Proposal, CONTRACTOR represents, as more fully set forth in the Agreement, that:
(a) Contractor has examined copies of all the Contract Documents and of the following addenda,
receipt of which is hereby acknowledged, and also copies of the Advertisement or Invitation to
Submit Proposal.
Addenda No
Date
Addenda No.
Date
____________ ___________ ____________ ____________
____________ ___________ ____________ ____________
____________ ___________ ____________ ____________
(b) CONTRACTOR has examined the site and locality where the work is to be performed, the legal
requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions
affecting cost, progress or performance of the work and has made such independent investigations
as CONTRACTOR deems necessary.
(c) This PROPOSAL is genuine and not made in the interest of or on behalf of any undisclosed
person, firm or corporation and is not submitted in conformity with any agreement or rules of
any group, association, organization or corporation; CONTRACTOR has not directly or
indirectly induced or solicited any other Contractor to submit a false or sham Proposal;
CONTRACTOR has not solicited or induced any person, firm or a corporation to refrain from
submitting a proposal; and CONTRACTOR has not sought by collusion to obtain for himself
any advantage over any other Contractor or over OWNER.
THE UNDERSIGNED CONTRACTOR PROPOSES TO PERFORM ALL WORK AND DO
ALL THINGS NECESSARY, INCLUDING THE FURNISHING OF ALL LABOR,
MATERIALS, TOOLS, MACHINERY, EQUIPMENT, SERVICES, FEES, PERMITS,
INSURANCE COST, ALLOWANCES AND TRANSPORTATION REQUIRED FOR THE
CONSTRUCTION, ACCOMPLISHMENT AND COMPLETION, IN A WORKMANLIKE
MANNER OF HIGHTOWER HIGH SCHOOL INTERCOM EXPANSION AND
REPLACEMENT IN ACCORDANCE WITH THE PROPOSED CONTRACT
DOCUMENTS CONSISTING OF THE GENERAL CONDITIONS, INSTRUCTIONS TO
BIDDERS, SPECIFICATIONS, DRAWINGS AND ADDENDA THERETO FOR THE
FOLLOWING LUMP SUM AMOUNTS:
SUBMITTED ON ____________________, 2014.
CONTRACTOR IS:
An Individual
By __________________________________________________________________________
Individual's Name
A Partnership
_____________________________________________________________________________
Firm Name
By___________________________________________________________________________
General Partner Authorized to Sign
A Corporation
By___________________________________________________________________________
Corporation Name
_____________________________________________________________________________
State of Incorporation
By___________________________________________________________________________
Name of Person Authorized to Sign
_____________________________________________________________________________
Title
(Corporate Seal)
Attest ________________________________________________________________________
Secretary
QUESTIONNAIRE
Bidder:
1. Are you using subcontractors? Yes
No
2. Have you ever performed work for Fort Bend ISD or other ISDs as a subcontractor? Yes ______
No_____. If the answer is yes, please provide name of Contractor and Project(s) you were
subcontracted to.
3. Can you provide proof of liability and worker’s compensation coverage?
Yes
No
4. Did you include the most recent up to date references in this packet?
Yes
No
5. Please include projects covering intercom, P/A and telephone expansion work that you have completed
for Texas ISDs in the past five (5) years.
NOTE: FBISD requires each proposer to submit one original and five (5) copies of their entire
CSP submittal, in order to facilitate FBISD’s evaluation process. Please see Page 3 of this CSP
invitation for details.
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
CERTIFICATE OF RESIDENCY
The State of Texas has passed a law concerning non-resident contractors. This law can be found in Texas
Government Code under Chapter 2252, This law makes it necessary for FBISD to determine the
residency of its proposers. In part, this law reads as follows:
“Section: 2252.001
(3)
‘Non-resident bidder’ refers to a person who is not a resident.
(4)
‘Resident bidder’ refers to a person whose principal place of business is in this state, including a
contractor whose ultimate parent company or majority owner has its principal place of business in
this state.
Section: 2252.002
A governmental entity may not award a governmental contract to a nonresident bidder unless the
nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount
that is not less than the amount by which a resident bidder would be required to underbid the
nonresident bidder to obtain a comparable contract in the state in which the nonresident’s
principal place of business is located.”
I certify that
(Name of Company Bidding)
is, under Section: 2252.002, 003 and 004, a
Resident Bidder
Non-resident Bidder
My or Our principal place of business under Section: 2252.002, 003, and 004, is in the city of
in the state of
Signature of Authorized Company Representative
Print Name
Title
Date
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
HUB OR MINORITY OWNED BUSINESS
(Tracking purposes only)
1. Is your company owned (51% or more) by an individual or individuals designated as minority, womanowned or handicapped? YES___NO___
2. If you answered yes to question number (1), please submit a copy of the applicable certification with your
proposal document.
Fort Bend Independent School District does not maintain set-asides or give preference to HUB proposals. The
above information is solicited for the purpose of statistical tracking only.
The Fort Bend Independent School District’s Supplier Diversity Program ensures that the District will use its
best efforts to inform small, women-owned, and minority businesses of current and future purchasing
activities. The District encourages the participation of these businesses in purchasing of all goods and services.
This information can be found at:
http://www.fortbendisd.com/departments/business-andfinance/purchasing/supplier-diversity-program.
FORT BEND INDEPENDENT SCHOOL DISTRICT
Affidavit of Non-Discriminatory Employment
This company, Contractor, or Subcontractor agrees to refrain from discrimination in terms and conditions of
employment on the basis of race, color, religion, sex, or national origin, and agrees to take affirmative action as
required by Federal Statutes and rules and regulations issued pursuant thereto in order to maintain and insure
non-discriminatory employment practices.
Signature
Printed Name & Title
Company
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
MWBE REGISTRATION APPLICATION
(Tracking purpose only)
Fort Bend Independent School District
Purchasing Department
555 Julie Rivers Drive
Sugar Land, TX 77478
(281) 634-1801 Fax: (281) 634-1829
Instructions: To become registered with FBISD as a certified minority and/or woman owned business enterprise
(MWBE) firm, complete this application, and attach a copy of your MWBE certificate. Mail or fax to the
Purchasing Office at the above address.
Name of Company:
Mailing Address:
City/State:
Telephone Number:
Remit to Address (if different from above):
Mailing Address:
City/State:
Federal I.D. No:
E-mail Address:
Owner’s Name:
Please  Check the Block That Applies
Business Code:
10
30
Sole Proprietorship
Corporation
20
40
Partnership
Joint Venture
100
300
500
African-American
Asian Americans
American Indians
200
400
600
Hispanic
Alaska Natives
Pacific Islanders
100
Male
200
Female
100
300
Houston
Out of State (HQ)
200
400
Texas
Fort Bend County
MWBE Ownership:
Gender:
Business Location:
 Houston Minority Business Council
 City of Houston
 Women’s Business Enterprise Alliance
 HUB (State of Texas) Historically Underutilized Businesses
Signature of Authorized Agent:
Title:
Date:
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
FELONY CONVICTION NOTIFICATION
State of Texas Legislative Senate Bill No. 1, Section 44.034, Notification of Criminal History,
Subsection (a), states “a person or business entity that enters into a contract with a school district must
give advance notice to the district if the person or an owner or operator of the business entity has been
convicted of a felony. The notice must include a general description of the conduct resulting in the
conviction of a felony”.
Subsection (b) states “a school district may terminate a contract with a person or business entity if the
district determines that the person or business entity failed to give notice as required by Subsection (a) or
misrepresented the conduct resulting in the conviction. The District must compensate the person or
business entity for services performed before the termination of the contract”.
This Notice is Not Required of a Publicly-Held Corporation.
I, the undersigned agent for the firm named below, certify that the information concerning notification of
felony convictions has been reviewed by me and the following information furnished is true to the best
of my knowledge.
Vendor’s Name:
Authorized Company Official’s Name (Printed):
A.
My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.
Signature of Company Official:
B.
My firm is not owned or operated by anyone who has been convicted of a felony.
Signature of Company Official:
C.
My firm is owned or operated by the following individual(s) who has/have been convicted of a
felony:
Name of Felon(s):
Details of Conviction(s):
Signature of Company Official:
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
VENDOR DEBARMENT STATEMENT
I have read the conditions and specifications provided in the bid document attached.
I affirm, to the best of my knowledge, the company I represent has not been debarred or suspended
from conducting business with school districts in the State of Texas. This certification is required by
the regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017,
Section 3017.510, Participants’ responsibilities. The regulations were published as Part IV of the
January 30, 1989, Federal Register (pages 4722-4733). Copies of the regulation may be obtained by
contacting the Department of Agriculture Agency with which this transaction originated.
______________________________________________________________________
NAME OF COMPANY (Please Type)
____________________________________________________________________
MAILING ADDRESS
CITY
STATE
ZIP
______________________________________________________________________
PREPARED BY (Please Type)
________________________ ___________________________________________
SIGNATURE
TITLE
____________________
TELEPHONE NUMBER
____________________________________________
FAX NUMBER
DATE
Check here if you have an address or telephone number change: Yes____ No____
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
CONFLICT OF INTEREST QUESTIONNAIRE
PLEASE COMPLETE AND SIGN EVEN IF NO CONFLICT EXISTS
For vendor or other person doing business with local governmental entity
FORM CIQ
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
OFFICE USE
ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a
person who has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the person meets requirements under Section 176.006(a).
Date Received
By law this questionnaire must be filed with the records administrator of the local governmental
entity not later than the 7th business day after the date the person becomes aware of facts that
require the statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
If no conflict of interest, please check this box and sign below
1
Name of person who has a business relationship with local governmental entity.
2 Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
3
Name of local government officer with whom filer has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other
business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as
necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
Yes
No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at
the direction of the local government officer named in this section AND the taxable income is not received from the
local governmental entity?
Yes
No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
Yes
No
D. Describe each employment or business relationship with the local government officer named in this section.
Signature of person doing business with the governmental entity
Date
Name of Business/Company
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1)
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of a Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2)
If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal
contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, “Disclosure Form to Report Lobbying”, in accordance with its instruction.
3)
The undersigned shall require that the language of this certification be included in the award
documents for all sub awards at all tiers (including subcontracts, sub grants and contracts under grants, loans,
and cooperative agreements) and that all sub recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this certification
is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US Code.
Any person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
__________________________________
Company
____________________________________
Authorized Representative (Print)
__________________________________
Signature
____________________________________
Date
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
NO RESPONSE FORM
RETURN ONLY IF YOU CHOOSE NOT TO SUBMIT A RESPONSE TO THIS SOLICITATION
CSP 14-047ML
Hightower High School Intercom Expansion and Replacement
Please Print
Whereas on the ___________ day of ____________________, 2014 (print name of company)
__________________________________________________________________________
has reviewed FBISD’s solicitation CSP No. 14-047ML and elects not to submit a bid:
State Reason for no bid:________________________________________________________
_____________________________________________________________________________
______________________________________________
Street Address
______________________________________________
City, State, Zip Code
______________________________________________
Telephone/Fax Number
______________________________________________
Name of Authorized Individual
___________________________________________
Signature of Authorized Individual
REFERENCES
Please provide at least four (4) references (company name, address, telephone number, e-mail address and
contact) that have used your company for services FBISD is requesting in this CSP. List those companies
that have used your services in the last 1-5 years. Please make sure the e-mail is legible and current.
It is the responsibility of the proposer to include accurate up to date information.
1. Co. Name
Contact
Address
E-mail Address
2. Co. Name
Contact
Address
E-mail Address
3. Co. Name
Contact
Address
E-mail Address
4. Co. Name
Contact
Address
E-mail Address
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
PROPOSAL SUBMISSION FORM
CSP 14-047ML
Hightower High School Intercom Expansion and Replacement
Please Print
Whereas on the _____________ day of _____________________________, 2014 (print name of company)
___________________________________________________________________________ has reviewed
CSP No. 14-047ML and has responded in accordance with the terms and conditions which are incorporated
herein.
A copy may be obtained at http://www.fortbendisd.com/docs/purchasing/general-provisions-for-purchasingsolicitations-and-contracts.pdf or by contacting the Fort Bend ISD Buyer listed on the cover sheet. Any
exception to the terms and conditions must be included in the Proposer’s response.
Texas Education Code 44; Texas Government Code 2269
Purchasing and Acquisition, FBISD Policy CH (Legal)
Purchasing and Acquisition, FBISD Policy CH (Local):
______________________________________
_____________________________________
Street Address
City, State, Zip Code
______________________________________
_____________________________________
Telephone Number
Fax Number
______________________________________
______________________________________
Name of Authorized Individual
Signature of Authorized Individual
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
BID GUARANTY AND PERFORMANCE BOND
INFORMATION AND REQUIREMENTS
A guaranty shall be submitted with each bid that the bidder will execute and furnish a
performance bond within ten days after award of the contract and receipt of performance
bond application form. Guaranty may be submitted in either of these forms:
A.
Individual bid bond payable to FBISD for 5% of the total amount of each
separate bid, or
B.
Bank cashier’s check payable to FBISD for 5% of the total amount of each
separate bid.
If the successful bidder submits a bank cashier’s check as guaranty, FBISD may elect to
hold the check until all provisions of the contract have been completed, or require the
contractor to make a performance bond. The performance bond shall be in the amount
equal to the amount of money to be paid by the FBISD under the contract, unless
otherwise stated, and shall be executed by a surety company authorized to do business in
the State of Texas.
An “Acceptable Surety” means an Insurance Company licensed by the Texas State Board
of Insurance to act as surety, have an A.M., Best Rating of “A-:VII” or higher, be listed
in the Federal Register, and having an unblemished record. The check or bond of each
unsuccessful contractor will be returned within ten (10) days after the proposal is
awarded.
If the performance bond is not made available to FBISD Purchasing Division, 555 Julie
Rivers Drive, Sugar Land, Texas 77478, within ten days, FBISD has the right to render
the award ineffective. Written verification of the validity of the bond shall be received
by the Purchasing Director from the contractor’s surety before any payments will be
made.
FORT BEND ISD INSURANCE REQUIREMENTS
It is suggested that this Exhibit be provided to the Contractor’s Insurance Provider
Contractor shall not commence work until all required insurance coverage has been obtained and
such insurance has been reviewed and accepted by the District. Certificates of Insurances on the
current ACORD form shall be issued to the District showing all required insurance coverage.
Insurance Required
Automobile Liability insurance
covering Any Auto
Limit Required
$1,000,000 Combined Single Limit
Comprehensive (Commercial)
General Liability insurance including
Products, Completed Operations,
Independent Contractors, Broad Form
Property Damage, Pollution and Blanket
Contractual Liability coverage. Any XCU
exclusions to be removed when
underground work is performed.
$1,000,000
$2,000,000
$1,000,000
$ 500,000
$
5,000
Workers Compensation insurance with
limits to comply with the requirements of
the Texas Workers' Compensation Act.
Occurrence
Aggregate
Personal Injury
Fire Damage
Medical Payments
Per Project Aggregate (CG 70 49)
Evidence of coverage must be shown on
certificates of insurance.
Statutory Limits
Employers Liability insurance
$1,000,000
Umbrella or Excess Liability insurance
(excess of primary General Liability,
Automobile Liability and WC Coverage
B)
$1,000,000 Limit
Higher limits shall be required for
construction contract values exceeding
$1,000,000. These limits shall be agreed to in
writing with the Owner prior to project
commencement.
Limits for primary policies may differ from those shown when Umbrella or Excess Liability
insurance is provided.
Property Insurance shall be required
for all contracts when property of the
Owner is at risk or in the care, custody
and control of the Contractor. All Risk
Builders Risk insurance shall be required
for all construction contracts requiring a
payment bond. All Property insurance
shall include coverage against the perils
of Windstorm, Flood and Earthquake.
(Installation Floater may be substituted
when contract involves installation only.)
Contract Limit or Replacement Cost Value
of Scope of Work whichever is greater
Permission to Occupy granted
Deductible: 1% of Contract or Replacement
Cost Value (whichever is greater) subject to
a $50,000 maximum unless otherwise
approved by the Owner.
Insurance Conditions
All insurance coverage shall be issued on an Occurrence basis by companies acceptable to
District and licensed to do business in the State of Texas by the Texas Department of Insurance.
Such companies shall have a Best's Key rating of at least "A- X".
All certificates must include:
1. The location or description and the bid number, CSP number or Purchase Order number;
2. A 60 day notice of cancellation of any non-renewal, cancellation or material change to any of
the policies, and copies of CG 02 05, TE 02 02A and WC 42 06 01 or their equivalents
specifically naming the District;
3. "Additional Insured" on the Property, General Liability, Automobile Liability and Umbrella
(Excess) Liability policies naming the District;
4. A "Waiver of Subrogation" clause in favor of the District will be attached to the Workers
Compensation, General Liability, Automobile Liability, Umbrella Liability and the Property
insurance policies.
In addition to certificates of insurance, copies of policy endorsements must be provided (a) listing
the District as Additional Insured CG 20 10, CG 20 37, CA 04 03, and (b) showing waivers of
subrogation in favor of the District: CG 24 04, TE 20 46A, WC 42 03 04A, or their equivalents
All insurance must be maintained for three (3) years following substantial completion with
Certificates of Insurance provided.
Contractor shall be responsible for payment of all deductibles; the District shall approve the
deductibles selected.
If any policy has aggregate limits, a statement of claims against the aggregate limits is required.
The District reserves the right to review the insurance requirements during the effective period of
any contract to make reasonable adjustments to insurance coverage and limits when deemed
reasonably prudent by District based upon changes in statutory laws, court decisions or potential
increase in exposure to loss.
Fort Bend Independent School District
c/o Director
Address: Design and Construction Department
2323 Texas Parkway,
Missouri City, TX 77489
PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS, that we _____________________________________________________
______________________________________________________________________________________________
as Principal, and ___________________________________________ as Surety, are held and firmly bound unto the
Fort Bend Independent School District, Sugar Land, Fort Bend County, Texas, herein-after called the Owner, in the
penal sum of ___________________________________________________________________________________
($___________________________) Dollars, lawful money of the United States, for the payment of which sum well and
truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying
proposal, dated ___________________________, 2014, being for construction of Hightower High School Intercom
Expansion and Replacement CSP 14-047ML for Fort Bend Independent School District, the kind and extent of Work
involved being set forth in detail in the proposed Contract Documents cited herein.
NOW, THEREFORE, if the Principal shall not withdraw the accompanying Proposal within sixty (60) days after the date
set for opening thereof, and shall within ten (10) days after the prescribed forms are presented to him for signature,
enter into a written contract with the Owner in accordance with the Proposal as accepted; and give Bond and good and
sufficient surety for the faithful performance and proper fulfillment of such contract including payment of all persons
supplying labor or materials therefore, or in the event of the withdrawal of said Proposal within the period specified, or
the failure to enter into such contract and give such Bond within the time specified, or the failure to enter into such
contract and give such Bond within the time specified, if the principal shall pay to the Owner the difference between the
aggregate amount for which the Owner may enter into a contract for the same work with another Proposer; if the latter
amount be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full
force and virtue.
IN WITNESS WHEREOF, the above bonded parties have executed this instrument under their several seals this
____________ day of _________________, 2014, the name and Corporate Seal of each corporate party being hereto
affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body.
_______________________________________
(Proposer)
________________________________________
(Individual Principal)
_______________________________________
(Business Address)
________________________________________
(Corporate Principal)
ATTEST:
_______________________________________
Secretary
By______________________________________
Its President
_______________________________________
(Business Address)
________________________________________
(Corporate Surety)
ATTEST: _______________________________
By______________________________________
_______________________________________
Name of Local Surety Representative
________________________________________
Address of Local Surety Representative
BONDING CAPACITY CERTIFICATION LETTER
OWNER
Fort Bend Independent School District
2323 Texas Parkway
Missouri City, TX 77489
281-634-5590
CONTRACTOR
Firm Name
Address
City, State, Zip Code
Phone
This letter serves as a certified statement that the Surety Company’s authorized bonding capacity for the
referenced Contractor will not be exceeded by the inclusion of Contractor’s submitted proposal for
FBISD’s CSP 14-047ML Hightower High School Intercom Expansion and Replacement. The
present limits on bonding for the referenced Contractor are as follows:
$
each occurrence.
$
Aggregate
Percentage of bonding capacity expended with inclusion of FBISD’s CSP 14-047ML Hightower High
School Intercom Expansion and Replacement. ………..%
Amount of ALL projects that the Contractor is currently preparing bid/proposals and/or have not yet
been awarded: $........................
(Amount indicated above must be representative of all projects inclusive of delivery methods such as
the following but not limited to: Competitive Bids, Competitive Sealed Proposals, Design-Build,
Construction Manager at Risk, Job Order Contracting etc.,)
Issuance and approval of any bond shall be predicated on the most current financial and job information
available to the underwriter on the date that the bond is issued. The Surety Company hereby certifies
that they are duly authorized by certificate of authority issued by the State of Texas Division of
Insurance and that they are rated as follows:
A.M. Best Rating:
Financial Size Category
Notes: This is the only acceptable format for the Surety’s Bonding Capacity Certification Letter.
This statement must be notarized (on an original document with an embossed stamp).
Power of Attorney form must be attached.
SURETY COMPANY
Surety Company Name
Address
City, State, Zip Code
Authorized Signature:
Date:
/
/
ACKNOWLEDGMENT
State of
County of
Subscribed and sworn to before me this
day of
, 2014
My Commission Expires
(Notary Seal)
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
Contractor Certification
Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to obtain
criminal history records on covered employees. Covered employees with disqualifying criminal histories are
prohibited from serving at a school district. Contractors must certify to the district that they have complied and
must obtain similar certifications from their subcontractors.
Definitions:
Covered individuals: Individual who have or will have continuing duties related to the service to be performed
and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct
contact with students.
Disqualifying criminal history: (1) a conviction or other criminal history information designated by the District;
(2) a felony or misdemeanor offense that would prevent a person from obtaining certification as an educator
under Texas Education Code § 21.060, including 19 Tex. Admin. Code §249.16; or (3) one of the following
offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school: (a) a felony offense
under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender
under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws
of another state.
____________
On behalf of _________________________________________________ (“Contractor”), I certify that
[check one]:
[ ]
Or
[ ]
None of Contractor’s employees are covered individuals, as defined above. If this box
is checked, I further certify that Contractor has taken precautions or imposed conditions to
ensure that Contractor’s employees will not become covered individuals. Contractor will
maintain these precautions or conditions throughout the time the contracted services are
provided.
Some or all of Contractor’s employees are covered individuals. If this box is checked, I
further certify that:
1.
Contractor has obtained all required criminal history record information regarding its covered
individuals. None of the covered individuals has a disqualifying criminal history.
2.
If Contractor receives information that a covered individual subsequently has a reported criminal
history, Contractor will immediately remove the covered individual from contract duties and notify
the District in writing within three business days.
3.
Upon request, Contractor will provide the District with the name and any other requested
information of covered individuals so that the District may obtain criminal history record
information on the covered individuals.
4.
If the District objects to the assignment of a covered individual on the basis of the covered
individual’s criminal history record information, Contractor agrees to discontinue using the covered
individual to provide services at the District.
Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.
________________________________________
Signature
____________________________
Date
RETURN THIS DOCUMENT IN BID/PROPOSAL PACKAGE
Prevailing Wage Rate Determination Information
The following information is from Chapter 2258 Texas Government Code:
2258.021. Right to be Paid Prevailing Wage Rates.
(a) A worker employed on a public work by or on behalf of the state or a political subdivision of the state shall be
paid:
(1)
not less than the general prevailing rate of per diem wages for work of a similar character in the locality
in which
the work is performed; and
(2)
not less than the general prevailing rate of per diem wages for legal holiday and overtime work.
(b) Subsection (a) does not apply to maintenance work.
(c) A worker is employed on a public work for the purposes of this section if the worker is employed by a
contractor or subcontractor in the execution of a contract for the public work with the state, a political
subdivision of the state, or any officer or public body of the state or a political subdivision of the state.
2258.023. Prevailing Wage Rates to be Paid by Contractor and Subcontractor; Penalty.
(a) The contractor who is awarded a contract by a public body or a subcontractor of the contractor shall pay not
less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the
contract.
(b) A contractor or subcontractor who violates this section shall pay to the state or a political subdivision of
the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or
part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body
awarding a contract shall specify this penalty in the contract.
(c) A contractor or subcontractor does not violate this section if a public body awarding a contract does not
determine the prevailing wage rates and specify the rates in the contract as provided by Section 2258.022.
(d)
The public body shall use any money collected under this section to offset the costs incurred in the
administration of this chapter.
(e) A municipality is entitled to collect a penalty under this section only if the municipality has a population of
more than 10,000.
2258.051. Duty of Public Body to Hear Complaints and Withhold Payment.
A public body awarding a contract, and an agent or officer of the public body, shall:
(1)
(2)
take cognizance of complaints of all violations of this chapter committed in the execution
of the contract; and
withhold money forfeited or required to be withheld under this chapter from the payments to the contractor
under the contract, except that the public body may not withhold money from other than the final
payment without a determination by the public body that there is good cause to believe that the contractor
has violated this chapter.
Prevailing Wage Rates - School Construction Trades
Effective - March 2, 2013 through March 1, 2016
Texas Gulf Coast Areas
CLASSIFICATION
HOURLY RATE
Asbestos Worker
$13.00
Bricklayers; Masons
$17.10
Carpenters/Caseworker
$15.00
Carpet Layers/Floor Installers
$13.68
Concrete Finishers
$14.58
Data Comm / Telecom Installer
$18.13
Drywall Installers; Ceiling Installers
$16.73
Electricians
$17.93
Elevator Mechanics
$29.89
Fire Proofing Installer
$14.85
Glaziers
$16.43
Heavy Equipment Operators
$15.10
Insulators
$12.00
Ironworkers
$19.13
Laborers
$12.67
Lather / Plasterer
$17.10
Light Equipment Operators
$14.50
Metal Building Assemblers
$14.13
Millwrights
$21.25
Painters/Wall Covering Installers
$13.60
Pipefitters
$22.53
Plumbers
$21.88
Roofers
$14.79
Sheet Metal Workers
$16.47
Sprinkler Fitters
$20.13
Steel Erector
$17.38
Terrazzo Workers
$18.67
Tile Setters
$18.54
Waterproofers/Caulkers
$15.10
This document was developed by PBK Architects, Inc. in strict accordance with the Texas Government Code Chapter 2258.
Prevailing Wage Rates
Worker Classification Definition Sheet
Asbestos Worker
Bricklayers/Masons
Carpenter /
Caseworker
Carpet Layer / Floor
Installer
Concrete Finisher
Data Comm /
Telecom Installer
Drywall / Ceiling
Installer
Electrician
Elevator Mechanic
Fire Proofing
Installer
Glazier
Heavy Equipment
Operator
Insulator
Iron Worker
Laborer / Helper
Lather / Plasterer
Light Equipment
Operator
Metal Building
Assembler
Millwright
Painter / Wall
Covering Installer
Pipefitter
Plumber
Roofer
Sheet Metal Worker
Sprinkler Fitter
Steel Erector
Terrazzo Worker
Tile Setter
Waterproofer /
Caulker
Worker who removes & disposes of asbestos materials.
Craftsman who works with masonry products, stone, brick, block or any material
substituting for those materials & accessories.
Worker who builds wood structures or structures of any material which has replaced
wood. Includes rough & finish carpentry, hardware and trim.
Worker who installs carpets and/or floor coverings-vinyl tile.
Worker who floats, trowels and finishes concrete.
Worker who installs data/telephone & television cable and associated equipment and
accessories.
Worker who installs metal framed walls & ceilings, drywall coverings, ceiling grids &
ceilings.
Skilled craftsman who installs or repairs electrical wiring & devices. Includes fire alarm
systems &HVAC electrical controls.
Craftsman skilled in the installation & maintenance of elevators.
Worker who sprays or applies fire proofing materials.
Worker who installs glass, glazing and glass framing.
Includes, but not limited to, all Cat tractors, all derrick-powered, all power operated
cranes, back-hoe, back-filler, power operated shovel, winch truck, all trenching
Worker who applies, sprays or installs insulation.
Skilled craftsman who erects structural steel framing & installs structural concrete Rebar.
Worker qualified for only unskilled or semi-skilled work. Lifting, carrying materials &
tools,
Worker who installs metal framing & lath. Worker who applies plaster to lathing and
installs associated accessories.
Includes, but not limited to, air compressors, truck crane driver, flex plane, building
elevator, form grader, concrete mixer (less than 14cf), conveyer.
Worker who assembles pre-made metal buildings.
Mechanic specializing in the installation of heavy machinery, conveyance, wrenches,
dock
Worker who prepares wall surfaces & applies paint and/or wall coverings, tape and
bedding.
Trained worker who installs piping systems, chilled water piping & hot water (boiler)
piping, pneumatic tubing controls, chillers, boilers & associated mechanical equipment.
Skilled craftsman who installs domestic hot & cold water piping, waste piping, storm
system piping, water closets, sinks, urinals, and related work.
Worker who installs roofing materials, Bitumen (asphalt & coal tar) felts, flashings, all
types roofing membranes & associated products.
Worker who installs sheet metal products. Roof metal, flashings & curbs, ductwork,
mechanical equipment and associated metals.
Worker who installs fire sprinkler systems & fire protection equipment.
Worker who erects and dismantles structural steel frames of buildings and other
structures
Craftsman who places & finishes Terrazzo.
Worker who prepares wall and/or floor surfaces & applies ceramic tiles to these surfaces.
Worker who applies water proofing material to buildings. Products include sealant,
caulk,
END OF DOCUMENT
29
30
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS
STATE OF TEXAS
BOND NO. ________
COUNTY OF FORT BEND
THAT WE, ______________________________________________________,
a Corporation of the State of Texas, with home office and principal place of business in
_______________________, Texas, hereinafter called "Principal" and
_________________________________________________________________,
a Corporation of the State of _______________, hereinafter called "Surety",
are held and firmly bound unto the Fort Bend Independent School District, Sugar Land, Fort
Bend County, Texas, hereinafter called "Owner", in the amount of
________________________________________________________________________
($ _________________________) Dollars, for payment whereof the said principal and
surety bind themselves and their heirs, administrators, executors, successors and assigns,
jointly and severally, firmly by these presents.
The condition of this obligation is such, that whereas the Principal has entered
into a certain contract with the Fort Bend Independent School District, the Owner, dated the
___ day of ________, 2013, for the complete construction on the property of the Owner,
located in Fort Bend County, Texas, of the work described as:
Hightower High School Intercom Expansion and Replacement
FOR THE
FORT BEND INDEPENDENT SCHOOL DISTRICT
which said Contract and Documents referred to therein is herein now referred to and made a
part hereof as fully and completely as if it were copied in detail herein.
NOW, THEREFORE, the condition of this obligation is such that if said Principal
shall well and truly and faithfully perform all the undertakings, covenants, terms, conditions,
and agreements of said Contract, including, but not limited to, the faithful performance of the
work required in accordance with the Contract Documents, during the original term thereof
and extension thereof which may be granted by the Owner with or without notice to the
Surety, and if said Principal shall satisfy all claims and demands incurred under such
Contract and shall fully indemnify, defend, and hold harmless the Owner from all costs,
damages and reasonable expenses which it may suffer by reason of failure so to do and
shall fully reimburse and repay the Owner all outlay and expenses, including attorney's fees,
which the Owner may incur in making good any default, and shall reimburse and repay the
Owner for all costs, including attorney's fees, which the Owner may incur in the prosecution
or defense of any suit or proceeding arising out of the breach or default of the Principal, then
this obligation shall be void; otherwise, to remain in full force and effect.
The said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the work to be
performed thereunder or of the specifications accompanying the same, shall in anywise
affect its obligation on this bond, and it does hereby waive notice of such change,
extensions of time, alterations or additions to the terms of the contract or to the work or to
the specifications thereunder.
PERFORMANCE BOND
It is expressly provided that if any legal action shall be filed upon this bond,
venue shall lie in Fort Bend County, Texas.
Simultaneously with the execution of this Performance Bond, the parties
hereto have executed a Payment Bond, reference to which is made for all purposes.
Nothing in this Performance Bond shall in any way invalidate or nullify the obligations of the
parties as set forth in said Payment Bond.
Provided, however, that this bond is executed pursuant to the provisions of
Article 5160 of the revised Civil Statutes of Texas, as amended by Acts of the 61st
Legislature, 1969, and liabilities on this bond shall be determined in accordance with the
provisions of said Article to the same extent as if it were copied at length herein.
Provided, however, that nothing in the bond shall be construed to limit the
rights of the beneficiaries of this Bond which they might have under general, special or the
common law of the State of Texas not inconsistent with the terms hereof and not
inconsistent with the provisions of Article 5160, as amended.
IN TESTIMONY WHEREOF, the parties hereto have executed this
instrument on this ____ day of _____________, 2013.
__________________________________
Authorized Signature of Principal
APPROVED AS TO FORM:
_______________________________
Director of Design & Construction
Fort Bend Independent School District
__________________________________
Title
ATTEST:
__________________________________
Secretary of Principal's Corporation
__________________________________
Authorized Signature of Surety
__________________________________
Title
__________________________________
Name of Local Surety Representative
__________________________________
Address of Local Surety Representative
_____________, Texas ________
_____________ Local Phone Number
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS
STATE OF TEXAS
BOND NO. ________
COUNTY OF FORT BEND
THAT WE, _____________________________________________________,
a Corporation of the State of Texas, with its home office and place of business in
_______________________________ County, Texas, hereinafter called "Principal", and
_________________________________________________________, hereinafter called
"Surety", are held and firmly bound unto the Fort Bend Independent School District,
hereinafter called "Owner", for the use and benefit of all persons, firms and corporations who
may furnish material or perform labor upon the buildings or improvements hereinafter
referred to, in the penal sum of
_______________________________________________________________________ ($
_____________) Dollars, (the Contract Price), in lawful money of the United States of
America, to be paid in _______________________, Texas, for payment of which sum well
and truly to be made we bind ourselves and our successors, jointly and severally, by these
presents.
The condition of this obligation is such that whereas the Principal has entered
into a certain Contract with the Fort Bend Independent School District, the Owner, dated the
_________ day of __________, 2013, for the complete construction, on the property of the
Owner located in Fort Bend County, Texas, of the work described as:
Hightower High School Intercom Expansion and Replacement
FOR THE
FORT BEND INDEPENDENT SCHOOL DISTRICT
which said Contract and documents referred to therein is herein now referred to and made a
part hereof as fully and completely as if copied in detail herein.
NOW THEREFORE, the condition of this obligation is such that if the Principal
shall promptly make payment to all persons, firms, and corporations furnishing materials for,
or performing labor in the prosecution of the work provided for in such Contract, and any
extension or modification thereof, then this obligation shall be void; otherwise, to remain in
full force and effect.
Provided, however, that this bond is executed pursuant to the provisions of
Article 5160 of the revised Civil Statutes of Texas, as amended by Acts of the 61st
Legislature, 1969, and liabilities on this bond shall be determined in accordance with the
provisions of said Article to the same extent as if it were copied at length herein.
Provided, however, that nothing in this Bond shall be construed to limit the rights
of the beneficiaries of this Bond which they might have under general, special or the
common law of the State of Texas not inconsistent with the terms hereof and not
inconsistent with the provisions of Article 5160, as amended.
PAYMENT BOND
Said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the work to be
performed thereunder, or specifications accompanying the same, shall in anywise affect its
obligation on this bond and it does hereby waive notice of such change, extension of time,
alteration or addition to the terms of the contract or to the work or to the specifications
thereunder.
No final settlement between the Owner and the Contractor shall abridge the right
of any beneficiary hereunder whose claim may be unsatisfied, and it is expressly provided
that if any legal action shall be filed upon this bond, venue shall lie in Fort Bend County,
Texas.
Simultaneously with the execution of this Payment Bond, the parties hereto have
executed a Performance Bond, reference to which is made for all purposes. Nothing in this
Payment Bond shall in any way invalidate or nullify the obligations of the parties as set forth
in the Performance Bond.
IN TESTIMONY WHEREOF, the parties hereto have executed this instrument of
the _______ day of ___________________, 2013.
_________________________________
Authorized Signature of Principal-Proposer
_________________________________
Title
APPROVED AS TO FORM:
ATTEST:
____________________________
Director of Design & Construction
Fort Bend Independent School District
_________________________________
Secretary of Principal's Corporation
_________________________________
Authorized Signature of Surety
_________________________________
Title
_________________________________
Name of Local Surety Representative
_________________________________
Address of Local Surety Representative
______________, Texas _______
_______________ Local Phone No.
APPENDIX:
STATUTORY LIEN WAIVER FORMS
1. CONDITIONAL WAIVER FOR PROGRESS PAYMENTS
2. UNCONDITIONAL WAIVER FOR PROGRESS PAYMENTS
3. CONDITIONAL WAIVER FOR FINAL PAYMENT
4. UNCONDITIONAL WAIVER FOR FINAL PAYMENT
[Note: the attached forms are duplicated verbatim (without editing) from HB 1456.]
FORM 1: CONDITIONAL WAIVER FOR PROGRESS PAYMENTS
*******
CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
Project ________
Job No. ________
On receipt by the signer of this document of a check from _______ (maker of check) in
the sum of $____ payable to _________ (payee or payees of check) and when the check has
been properly endorsed and has been paid by the bank on which it is drawn, this document
becomes effective to release any mechanic's lien right, any right arising from a payment bond
that complies with a state or federal statute, any common law payment bond right, any claim for
payment, and any rights under any similar ordinance, rule, or statute related to claim or payment
rights for persons in the signer's position that the signer has on the property of
_____________________________________________________________ (owner) located at
___________________________________________________________________ (location) to
the following extent: ___________________________________________(job description).
This release covers a progress payment for all labor, services, equipment, or materials
furnished to the property or to ___________________________________ (person with whom
signer contracted) as indicated in the attached statement(s) or progress payment request(s),
except for unpaid retention, pending modifications and changes, or other items furnished.
Before any recipient of this document relies on this document, the recipient should verify
evidence of payment to the signer.
The signer warrants that the signer has already paid or will use the funds received from
this progress payment to promptly pay in full all of the signer's laborers, subcontractors,
materialmen, and suppliers for all work, materials, equipment, or services provided for or to the
above referenced project in regard to the attached statement(s) or progress payment request(s).
_________________________
Date
_________________________________________
(Company name)
_________________________________________
(Signature)
_________________________________________
(Title)
FORM 2: UNCONDITIONAL WAIVER FOR PROGRESS PAYMENTS
*******
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES
THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. IT IS PROHIBITED
FOR A PERSON TO REQUIRE YOU TO SIGN THIS DOCUMENT IF YOU HAVE NOT
BEEN PAID THE PAYMENT AMOUNT SET FORTH BELOW. IF YOU HAVE NOT BEEN
PAID, USE A CONDITIONAL RELEASE FORM.
UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT
Project ________
Job No. ________
The signer of this document has been paid and has received a progress payment in the
sum of $______________for all labor, services, equipment, or materials furnished to the
property or to ______________________________(person with whom signer contracted) on the
property of _____________________________________________________ (owner) located at
________________________________________________(location) to the following extent:
_________________________________________ (job description). The signer therefore
waives and releases any mechanic's lien right, any right arising from a payment bond that
complies with a state or federal statute, any common law payment bond right, any claim for
payment, and any rights under any similar ordinance, rule, or statute related to claim or payment
rights for persons in the signer's position that the signer has on the above referenced project to
the following extent:
This release covers a progress payment for all labor, services, equipment, or materials
furnished to the property or to _______________________________ (person with whom signer
contracted) as indicated in the attached statement(s) or progress payment request(s), except for
unpaid retention, pending modifications and changes, or other items furnished.
The signer warrants that the signer has already paid or will use the funds received from
this progress payment to promptly pay in full all of the signer's laborers, subcontractors,
materialmen, and suppliers for all work, materials, equipment, or services provided for or to the
above referenced project in regard to the attached statement(s) or progress payment request(s).
_________________________
Date
_________________________________________
(Company name)
By_______________________________________
(Signature)
_________________________________________
(Title)
FORM 3: CONDITIONAL WAIVER FOR FINAL PAYMENT
*******
CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
Project _________
Job No. ________
On receipt by the signer of this document of a check from ________________________
(maker of check) in the sum of $__________________ payable to ________________________
(payee or payees of check) and when the check has been properly endorsed and has been paid by
the bank on which it is drawn, this document becomes effective to release any mechanic's lien
right, any right arising from a payment bond that complies with a state or federal statute, any
common law payment bond right, any claim for payment, and any rights under any similar
ordinance, rule, or statute related to claim or payment rights for persons in the signer's position
that the signer has on the property of ______________________ (owner) located at
__________________________________________________ (location) to the following extent:
_______________________________ (job description).
This release covers the final payment to the signer for all labor, services, equipment, or
materials furnished to the property or to _____________________________ (person with whom
signer contracted).
Before any recipient of this document relies on this document, the recipient should verify
evidence of payment to the signer.
The signer warrants that the signer has already paid or will use the funds received from
this final payment to promptly pay in full all of the signer's laborers, subcontractors,
materialmen, and suppliers for all work, materials, equipment, or services provided for or to the
above referenced project up to the date of this waiver and release.
_________________________
Date
_________________________________________
(Company name)
_________________________________________
(Signature)
_________________________________________
(Title)
FORM 4: UNCONDITIONAL WAIVER FOR FINAL PAYMENT
*******
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES
THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. IT IS PROHIBITED
FOR A PERSON TO REQUIRE YOU TO SIGN THIS DOCUMENT IF YOU HAVE NOT
BEEN PAID THE PAYMENT AMOUNT SET FORTH BELOW. IF YOU HAVE NOT BEEN
PAID, USE A CONDITIONAL RELEASE FORM.
UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT
Project ________________
Job No. _______________
The signer of this document has been paid in full for all labor, services, equipment, or
materials furnished to the property or to _____________________(person with whom signer
contracted) on the property of __________________________________(owner) located at
________________________(location) to the following extent: ___________________(job
description). The signer therefore waives and releases any mechanic's lien right, any right arising
from a payment bond that complies with a state or federal statute, any common law payment
bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute
related to claim or payment rights for persons in the signer's position.
The signer warrants that the signer has already paid or will use the funds received from
this final payment to promptly pay in full all of the signer's laborers, subcontractors,
materialmen, and suppliers for all work, materials, equipment, or services provided for or to the
above referenced project up to the date of this waiver and release.
_________________________
Date
_________________________________________
(Company name)
_________________________________________
(Signature)
_________________________________________
(Title)
Prime Contractor
Subcontractor Historically Underutilized Business Report
** This form for use after award**
This form must be completed and submitted to Fort Bend Independent School District
(FBISD) on a monthly basis.
Today’s Date _______________________________
Contract/P.O. Number ________________________________________
Your Company Name: __________________________________________________________________________________________
Reporting Period: ____________________ Total Contract Amount Paid this Reporting Period to Contractor: $__________________
(January, February, March…)
Document Subcontractor (HUB & Non-HUB) Information, as applicable below:
Subcontractor
Name (s)
HUB
Yes No
2nd/3rd
Tier
HUB Subcontractor’s
VID or HUB
Certificate Number
TOTALS
Total $ Amount Paid
This Period to
Subcontractor
$
Total Contract Amount
Paid to Date to
Subcontractor
$
Signature: ________________________________________________________
Printed Name: _____________________________________________________
Email (please type): ________________________________________________
Address:
_________________________________________________________
_________________________________________________________
_________________________________________________________
□
Check if this is the last report to be
Submitted for this project.
Prime Contractor Reporting Form
Return to: Michele Leach, Director of Purchasing and Materials Management
555 Julie Rivers Drive
Sugar Land, TX 77478
Phone: 281-634-1828
Fax: 281-634-1829
[email protected]
AGREEMENT FOR CONSTRUCTION SERVICES
This Agreement for Services (“Agreement”) is entered into as of Month, Day and Year between the Fort
Bend Independent School District (hereinafter “FBISD”) and Name of Contractor and Full Address,
(hereinafter “Contractor”). FBISD and Contractor may be referred to singularly as a “Party” and
collectively as the “Parties.”
1.
The Project is:
Insert detailed description of Project along with School Name, Address, FBISD Project Number
and Detailed proposal from Contractor (Exhibit D), which is attached hereto and incorporated
herein for all purposes. Insert CSP Number as appropriate.
2.
The Architect/Engineer is:
Insert Name and Address of Architect/Engineer with phone number and prime contact
person at their office
3.
INCORPORATED DOCUMENTS: FBISD and the Contractor mutually agree that the
following documents are incorporated into and made a part of this Agreement by reference, and
form the Contract Documents:
1. General Conditions of the Contract
2. Supplemental General Conditions, if any
3. Drawings
Dated: XX/XX/XXXX
4. Specifications
Dated: XX/XX/XXXX
5. Addenda (listed below)
6. Unit Prices (Attached as Exhibit ___)
7. Payment and Performance Bonds
8. Contractor’s Insurance Coverage: Exhibit A
9. Contractor’s Certification: Exhibit B
10. Conflict of Interest Questionnaire: Exhibit C
11. Felony Conviction Notice: Exhibit D
12. Suspension and Debarment Certification: Exhibit E
13. List any other documents as Exhibits
The Addenda incorporated into the Contract Documents, if any, are as follows:
Number: __
Date:
______
Pages: _______
Number: __
Date:
______
Pages: _______
Number: __
Date:
______
Pages: _______
Number: __
Date:
______
Pages: _______
4.
5.
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4.1
The date of commencement of the Work shall be the date fixed in a notice to proceed
issued by FBISD.
4.2
The Contractor shall achieve Substantial Completion of the entire Work not later than
XX Calendar days from issuance of Notice to Proceed, subject to adjustments of this
Contract Time as provided in the Contract Documents.
4.3
Per Section 3.7.6 of the General Conditions, the Contractor agrees that the damages that
will be suffered by Owner as a result of untimely completion are difficult to estimate or
otherwise ascertain with certainty. Therefore, Contractor agrees to pay to FBISD as
liquidated damages, and not as a penalty or forfeiture, the sum of
________________________ per day for each calendar day that Substantial Completion
is delayed after the date specified above, subject to the any extensions approved as
required in the Contract Documents.
4.4
Further, per Section 3.7.6 of the General Conditions the Contractor agrees that the
damages that will be suffered by Owner as a result of untimely completion of punch list
items/ deficiencies noted at time of Substantial Completion are difficult to estimate or
otherwise ascertain with certainty. Therefore, the Contractor agrees to pay to FBISD as
liquidated damages, and not as a penalty or forfeiture, the sum of
____________________________ per day for each calendar day that the completion of
punch list items is delayed after the date specified in Certificate of Substantial
Completion.
CONTRACT SUM
5.1
FBISD shall pay the Contractor the Contract Sum in current funds for the Contractor’s
performance of the Contract. The Contract Sum shall be ___________________
($_______________), subject to additions and deductions as provided in the Contract
Documents.
5.2
The Contract Sum is inclusive of following allowances and/or Owner’s contingencies:
___________________________________
5.3
The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by FBISD:
__________________________
6.
PAYMENTS: Payments shall be made pursuant to the terms set forth in Section 7 of the General
Conditions. Payments due and unpaid under the Contract shall bear interest from the date payment
is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to
time under the laws of Texas.
7.
TERMINATION: Termination of the Contract shall be governed by Section 3 of the General
Conditions.
-2-
8.
BONDS AND INSURANCE: Insurance certificates and Bonds shall be provided as required by
Section 8 of the General Conditions.
9.
NOTICE: Any notice required or permitted by this Agreement must be in writing and addressed to
the Party at the address set forth below, or such other address as is subsequently specified in
writing. Notices will be effective as of the date: (i) delivered by hand, (ii) delivered by national
courier service or Registered/Certified Mail, postage prepaid, return receipt requested, or (iii)
received by facsimile.
To Fort Bend ISD
To Contractor
Dept Name: Design and Construction
________________________________________
Attn: Director
Attn: ___________________________________
Address: 2323 Texas Parkway
Missouri City TX 77489
Address: ________________________________
________________________________________
With a copy to:
With a copy to:
________________________________________
Attn: ____________________________________
Address: _________________________________
________________________________________
Legal Department
16431 Lexington Blvd.
Sugar Land, TX 77479
10.
CONTRACTOR REPRESENTATIONS: If Contractor is a business entity, it represents that:
(i) it is duly organized, validly existing and in good standing under the laws of the state of its
organization; (ii) it is authorized and in good standing to conduct business in the State of Texas;
(iii) it has all necessary power and has received all necessary approvals to execute and perform its
obligations in this Agreement; and (iv) the individual executing this Agreement on behalf of
Contractor is authorized to do so.
11.
CONTRACTOR CERTIFICATION: Contractor shall complete the “Contractor Certification”
regarding the criminal history of covered employees, attached as Exhibit B and incorporated by
reference herein. Noncompliance or misrepresentation regarding this certification may be grounds
for termination of this Agreement.
12.
CONFLICT OF INTEREST DISCLOSURE: Prior to and as a condition of doing business
with FBISD, Contractor shall complete a Conflict of Interest Disclosure Form, attached hereto as
Exhibit C and incorporated by reference herein, and shall disclose any business relationship, past
or present, with a sitting Board member or FBISD employee. Failure to disclose the existence of
any such relationship may be grounds for termination of this Agreement.
13.
FELONY CONVICTION NOTICE: Texas Education Code 44.034(a), Notification of
Criminal History states, “a person or business entity that enters into a contract with a school
district must give advance notice to the district if the person or an owner operator of the business
entity has been convicted of a felony. The notice must include a general description of the
conduct resulting in the conviction of a felony.” Subsection (b) states “a school district may
terminate a contract with a person or entity if the district determines that the person or business
entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting
in the conviction. The district must compensate the person or business entity for services
performed before the termination of the contract.” This notice is not required of a publicly-held
corporation. If notice is required of Contractor, then Contractor shall complete a Felony
Certification Form, attached hereto as Exhibit D and incorporated by reference herein.
-3-
14.
DEBARMENT OR SUSPENSION: Federal Law (A-102 Common Rule and OMB Circular A110) prohibits non-federal entities from contracting with or making subawards under covered
transactions to parties that are suspended or debarred or whose principals are suspended or
debarred. Covered transactions include procurement contracts for goods or services equal to or in
excess of $25,000 and all nonprocurement transactions (e.g., subawards to subrecipients).
Contractors receiving individual awards of $25,000 or more and all subrecipients must certify that
their organization and its principals are not suspended or debarred by a federal agency. If
certification is required of Contractor, then Contractor shall complete a Suspension and
Debarment Certification, attached hereto as Exhibit E and incorporated by reference herein.
15.
WAIVER: Waiver by either Party of a breach or violation of any provision of this Agreement
will not operate as a waiver of any subsequent breach.
16.
SURVIVAL: Termination or expiration of this Agreement will not affect the Parties’ rights or
obligations that, by their nature and context, are intended to survive termination or expiration.
17.
ELECTRONIC DELIVERY: Execution and delivery of this Agreement by exchange of email
or fax copy containing the signature of a Party will constitute a valid and binding execution and
delivery of this Agreement by such Party.
18.
LIMITATIONS: Terms and conditions of this Agreement will only be binding on FBISD to the
extent permitted by the Constitution and laws of the State of Texas.
19.
GOVERNING LAW; VENUE: This Agreement shall be governed by the laws of the State of
Texas without regard to choice of law principles. In the event of any suit or action arising from
this Agreement, the Parties consent to jurisdiction of the courts in Fort Bend County, Texas.
20.
MISCELLANEOUS: This Agreement, together with any Attachment(s), constitutes the entire
agreement between the Parties with respect to the subject matter hereof, and supersedes all prior
contracts, agreements, representations and understandings made by the Parties relating to such
subject matter. This Agreement may not be amended or otherwise modified except by the written
agreement of both Parties. Contractor may not assign this Agreement without FBISD’s prior
written consent. The invalidity or unenforceability of any provision(s) of this Agreement will not
impair the validity and enforceability of the remaining provisions.
Insurance Requirements Waiver – IF the Insurance Requirements are not applicable to the Services or
if FBISD otherwise chooses to waive such requirements for purposes of this Agreement, the
appropriate FBISD representative may waive the requirements by initialing here:
→
Otherwise, Contractor must satisfy the Insurance Requirements specified in this Agreement.
By signing below, Contractor acknowledges that FBISD does not provide insurance coverage for
Contractor or its employees. Contractor does_____ does not_____ carry workers’ compensation
coverage for its employees.
By signing below, Contractor certifies that he or she is not an employee of the District. This includes
individuals that are not: (a) currently working due to the District’s break/holiday for students and
employees; (b) a substitute employee for the District; or (c) a business owned or operated by a District
employee.
As the requestor for these contracted services, I understand and approve the terms of this contract, and
assure that contracted services have not begun before a purchase order has been issued.
-4-
FORT BEND INDEPENDENT SCHOOL DISTRICT
By: _____________________________
BOT President or Superintendent or Designee
_______________________
Date
CONTRACTOR
By: _____________________________
Name and Title
_______________________
Date
(Note: If the Contractor will earn $50,000 or more during any twelve-month period, then this Contract
must be approved by the Board of Trustees.)
FBISD INTERNAL USE ONLY
FBISD Project Manager (Signed as to Review only)
By: ____________________________________ Date: _________________
FBISD Director of Design and Construction (Signed as to Review only)
By: ____________________________________ Date: _________________
FBISD Design and Construction Accounting
(Activity codes and availability of funds verified)
By:_____________________________________ Date: ________________
DISTRIBUTION
FBISD D & C Project File (Original)
FBISD Legal Counsel (Original)
FBISD Auxiliary Services
FBISD Purchasing
FBISD Project Manager
Contractor
Other:
Other
-5-
EXHIBIT A
FORT BEND ISD INSURANCE REQUIREMENTS
It is suggested that this Exhibit be provided to the Contractor’s Insurance Provider
Contractor shall not commence work until all required insurance coverage has been
obtained and such insurance has been reviewed and accepted by the District. Certificates
of Insurances on the current ACORD form shall be issued to the District showing all
required insurance coverage.
Insurance Required
Automobile
Liability
covering Any Auto
Limit Required
$1,000,000 Combined Single Limit
insurance
Comprehensive
(Commercial)
General Liability insurance including
Products,
Completed
Operations,
Independent Contractors, Broad Form
Property Damage, Pollution and Blanket
Contractual Liability coverage. Any XCU
exclusions to be removed when
underground work is performed.
$1,000,000
$2,000,000
$1,000,000
$ 500,000
$
5,000
Occurrence
Aggregate
Personal Injury
Fire Damage
Medical Payments
Per Project Aggregate (CG 70 49)
Evidence of coverage must be shown on
certificates of insurance.
Statutory Limits
Workers Compensation insurance with
limits to comply with the requirements of
the Texas Workers' Compensation Act.
Employers Liability insurance
$1,000,000
Umbrella or Excess Liability insurance
(excess of primary General Liability,
Automobile Liability and WC Coverage
B)
$1,000,000 Limit
Higher limits shall be required for
construction contract values exceeding
$1,000,000. These limits shall be agreed to in
writing with the Owner prior to project
commencement.
Limits for primary policies may differ from those shown when Umbrella or Excess Liability
insurance is provided.
Property Insurance shall be required
for all contracts when property of the
Owner is at risk or in the care, custody
and control of the Contractor. All Risk
Builders Risk insurance shall be required
for all construction contracts requiring a
payment bond. All Property insurance
shall include coverage against the perils
of Windstorm, Flood and Earthquake.
(Installation Floater may be substituted
when contract involves installation only.)
Contract Limit or Replacement Cost Value
of Scope of Work whichever is greater
Permission to Occupy granted
Deductible: 1% of Contract or Replacement
Cost Value (whichever is greater) subject to
a $50,000 maximum unless otherwise
approved by the Owner.
-6-
Insurance Conditions
All insurance coverage shall be issued on an Occurrence basis by companies acceptable to
District and licensed to do business in the State of Texas by the Texas Department of
Insurance. Such companies shall have a Best's Key rating of at least "A- X".
All certificates must include:
1. The location or description and the bid number, CSP number or Purchase Order
number;
2. A 60 day notice of cancellation of any non-renewal, cancellation or material change to
any of the policies, and copies of CG 02 05, TE 02 02A and WC 42 06 01 or their
equivalents specifically naming the District;
3. "Additional Insured" on the Property, General Liability, Automobile Liability and Umbrella
(Excess) Liability policies naming the District;
4. A "Waiver of Subrogation" clause in favor of the District will be attached to the Workers
Compensation, General Liability, Automobile Liability, Umbrella Liability and the
Property insurance policies.
In addition to certificates of insurance, copies of policy endorsements must be provided (a)
listing the District as Additional Insured CG 20 10, CG 20 37, CA 04 03, and (b) showing
waivers of subrogation in favor of the District: CG 24 04, TE 20 46A, WC 42 03 04A, or their
equivalents
All insurance must be maintained for three (3) years following substantial completion with
Certificates of Insurance provided.
Contractor shall be responsible for payment of all deductibles; the District shall approve the
deductibles selected.
If any policy has aggregate limits, a statement of claims against the aggregate limits is
required.
The District reserves the right to review the insurance requirements during the effective
period of any contract to make reasonable adjustments to insurance coverage and limits
when deemed reasonably prudent by District based upon changes in statutory laws, court
decisions or potential increase in exposure to loss.
Fort Bend Independent School District
c/o Director
Address: Design and Construction Department
2323 Texas Parkway,
Missouri City, TX 77489
-7-
EXHIBIT B
Contractor Certification
Definitions:
Covered employees: Employees who have or will have continuing duties related to the service to be
performed at the District and have or will have direct contact with students. The District will be the final
arbiter of what constitutes direct contact with students.
Disqualifying criminal history: Any conviction or other criminal history information designated by the
District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled
in a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a
defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure;
or (c) an equivalent offense under federal law or the laws of another state.
__
On behalf of NAME OF CONTRACTOR, (“Contractor”), I certify that
[check one]:
[]
Contractor has no employees; Contractor provides services to the District as an individual and has
or will have direct contact with students. Contractor certifies that Contractor does not have a
disqualifying criminal history.
Or
[ ]
Or
[ ]
None of Contractor’s employees are covered employees, as defined above. If this box
is checked, I further certify that Contractor has taken precautions or imposed conditions to
ensure that Contractor’s employees will not become covered employees. Contractor will
maintain these precautions or conditions throughout the time the contracted services are
provided.
Some or all of Contractor’s employee are covered employees. If this box is checked, I
further certify that:
1. Contractor has obtained all required criminal history record information regarding its
covered employees. None of the covered employees has a disqualifying criminal
history.
2. If Contractor receives information that a covered employee subsequently has a
disqualifying criminal history, Contractor will immediately remove the covered
employee from contract duties and notify the District in writing within 3 business days.
3. Upon request, Contractor will provide the District with the name and any other requested
information of covered employees so that the District may obtain criminal history record
information on the covered employees.
4. If the District objects to the assignment of a covered employee on the basis of the
covered employee’s criminal history record information, Contractor agrees to
discontinue using the covered employee to provide services at the District.
Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.
__________________________________
____________________________
Signature
Date
-8-
EXHIBIT C
CONFLICT OF INTEREST QUESTIONNAIRE
FORM
CIQ
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a
person who has a business relationship as defined by Section 176.001(1-a) with a local
governmental entity and the person meets requirements under Section 176.006(a).
Date Received
By law this questionnaire must be filed with the records administrator of the local governmental
entity not later than the 7th business day after the date the person becomes aware of facts that
require the statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
If no conflict of interest, please check this box and sign below
1
2
Name of person who has a business relationship with local governmental entity.
Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or
inaccurate.)
3
Name of local government officer with whom filer has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or
other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ
as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
income, from the filer of the questionnaire?
Yes
No
B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at
the direction of the local government officer named in this section AND the taxable income is not received from the
local governmental entity?
Yes
No
C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director, or holds an ownership of 10 percent or more?
Yes
No
D. Describe each employment or business relationship with the local government officer named in this section.
_____________________________________________
____________________
Signature of person doing business with the governmental entity
-9-
Date
EXHIBIT D
FELONY CONVICTION NOTICE
I, the undersigned Contractor or agent for the firm named above, certify that the information concerning
notification of felony convictions has been reviewed by me and the following information furnished is
true to the best of my knowledge. The Contractor must complete the following information in
accordance with state law.
Please sign only one:
A.
My firm is a publicly-held corporation, therefore, this reporting requirement is not applicable.
Signature of Contractor _________________________________Date_________________
OR
B.
My firm is not owned nor operated by anyone who has been convicted of a felony.
Signature of Contractor: _________________________________Date:________________
OR
C.
My firm is owned or operated by the following individual(s) who has/have been convicted of a
felony.
Name of Felon(s): ________________________________________Date:________________
(attach additional sheet if necessary)
Details
of
Conviction(s):
_____________________________________________________________________________
(attach additional sheet if necessary)
Signature of Contractor: ____________________________________Date: ________________
- 10 -
EXHIBIT E
VENDOR DEBARMENT STATEMENT
I affirm, to the best of my knowledge, the company I represent has not been debarred or suspended from
conducting business with school districts in the State of Texas. This certification is required by the
regulations implementing Executive Order 12549, Debarment and Suspension, 7 CFR Part 3017, Section
3017.510, Participants’ responsibilities. The regulations were published as Part IV of the January 30,
1989, Federal Register (pages 4722-4733). Copies of the regulation may be obtained by contacting the
Department of Agriculture Agency with which this transaction originated.
______________________________________________________________________
NAME OF COMPANY (Please Type)
____________________________________________________________________
MAILING ADDRESS
CITY
STATE
ZIP
______________________________________________________________________
PREPARED BY (Please Type)
________________________ ___________________________________________
SIGNATURE
TITLE
____________________
TELEPHONE NUMBER
____________________________________________
FAX NUMBER
DATE
Check here if you have an address or telephone number change: Yes____ No____
- 11 -
FORT BEND INDEPENDENT
SCHOOL DISTRICT
Design and Construction Department
GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
Effective January 1, 2012
TABLE OF CONTENTS
Page No.
SECTION 1: DEFINITIONS, RULES, AND REGULATIONS
1.1
The Project
1.2
The Work
1.3
The Owner
1.4
The Architect
1.5
The Contractor
1.6
Subcontractor
1.7
Sub-Subcontractor
1.8
Written Notice
1.9
Calendar Days
1.10 The Contract
1.11 Submittals and Shop Drawings
1.12 Rules and Regulations
1.13 Building Official
4
4
4
4
4
4
4
4
4
5
5
5
5
SECTION 2: THE CONTRACT DOCUMENTS
2.1
Intent and Interpretation
2.2
Existing Conditions
2.3
Requests for Information
2.4
Submittals and Shop Drawings
2.5
Substitutions
2.6
As-Built Drawings
2.7
Changes in the Work
2.8
Construction Change Directives
2.9
Contractor's Use of Contract Documents
6
6
7
7
9
9
9
11
11
SECTION 3: THE CONTRACT
3.1
General
3.2
Contract Time
3.3
Contract Time Extensions
3.4
Substantial Completion
3.5
Final Completion
3.6
Warranty Requirements
3.7
Liquidated Damages
3.8
Claims for Damages
3.9
Dispute Resolution
3.10 Termination by the Contractor
3.11 Termination by the Owner
3.12 Separate Contracts
3.13 Assignment
3.14 Severability
3.15 Indemnification
12
13
13
14
16
16
17
18
18
19
19
20
21
21
21
SECTION 4: THE OWNER
4.1
Owner’s Responsibilities
4.2
Owner’s Authority
4.3
Inspection by the Owner
23
23
24
0
SECTION 5: THE CONTRACTOR
5.1
General
5.2
Contractor’s Responsibilities
5.3
Superintendent
5.4
Labor and Materials
5.5
Temporary Utilities , Heating, and Cooling
5.6
Emergencies
5.7
Construction Schedule
5.8
Construction Progress Meetings
5.9
Progress Photographs
5.10 Taxes, Permits, Fees, and Notices
5.11 Project Sign
5.12 Access Roads
5.13 Contractor’s Field Office
5.14 Owner’s Field Office
5.15 Toilet Facilities
5.16 Construction Surveys
5.17 Archaeological Findings
5.18 Subsurface Conditions
5.19 Patents and Royalties
5.20 Materials Testing
5.21 Operation and Maintenance Manuals
5.22 Correction of Work
5.23 Subcontractors
5.24 Job Safety
5.25 Site Management and Cleanup Procedures
5.26 Roofing Installation and Protection
5.27 Quality Assurance/Quality Control
25
25
26
26
27
28
28
29
30
30
30
30
31
31
32
32
32
33
33
33
34
34
35
36
37
37
38
SECTION 6: THE ARCHITECT
6.1
Architect’s Responsibilities
38
SECTION 7: PAYMENT
7.1
Schedule of Values
7.2
Progress Payment Applications
7.3
Final Payment
40
40
41
SECTION 8: INSURANCE AND BONDING
8.1
General Requirements
8.2
Workers Compensation
8.3
Commercial General Liability
8.4
Commercial Auto Liability
8.5
Property Insurance
8.6
Performance and Payment Bonds
8.7
Required Limits of Insurance
43
45
45
45
45
46
46
1
SECTION 1
DEFINITIONS, RULES, AND REGULATIONS
1.1
THE PROJECT The Project is the total construction of which the Work performed
under the Contract Documents may be the whole or a part. The Project is identified by
name, location, and project number in the Owner-Contractor Agreement.
1.2
THE WORK The term Work includes all labor, materials, services, equipment, tools,
transportation, power, water, permanent and temporary utilities, connections, provisions
for safety, and all incidental and other things necessary to produce the finished
construction as described by the Contract Documents.
1.3
THE OWNER The Owner is the person or organization identified as such in the
Owner-Contractor Agreement. The term Owner means the Design and Construction
Department of Fort Bend Independent School District and their authorized
representatives.
1.4
THE ARCHITECT The Architect is the person or organization responsible for the
design of the Project and the preparation of the Drawings and Specifications on behalf
of the Owner. Throughout the Contract Documents, the term "Engineer" shall be
substituted for "Architect" when the primary design professional is an Engineer. The
term Architect means the Architect or his authorized representatives. The Architect
shall be licensed to practice in the State of Texas.
1.5
THE CONTRACTOR The Contractor is the person or organization identified as such in
the Owner-Contractor Agreement. The term Contractor means the Contractor or his
authorized representatives. The Contractor shall possess appropriate licenses from
State of Texas and business license from the local authorities.
1.6
SUBCONTRACTOR A Subcontractor is a person or organization who has a direct
contract with the Contractor to perform any of the Work. The term Subcontractor
means a Subcontractor or his authorized representatives.
1.7
SUB-SUBCONTRACTOR A Sub-subcontractor is a person or an organization who has
a direct or indirect contract with a Subcontractor to perform any of the Work at the site.
The term Sub-subcontractor means a Sub-subcontractor or his authorized
representatives.
1.8
WRITTEN NOTICE Written notice shall be deemed to have been duly served when
delivered in person to the individual or member of the firm or to an officer of the
organization for whom it was intended, or when sent by mail to the last known business
address, or when sent by e-mail or facsimile. Minutes of construction progress meetings
and/or Requests for Information do not constitute written notice.
1.9
CALENDAR DAYS All references to a ‘day’ or to ‘days’ in the Contract Documents
shall be understood to mean calendar days unless specifically indicated otherwise. A
Calendar Day shall be understood to be any day of the year, including weekends and
holidays.
4
1.10
THE CONTRACT All of the Contract Documents form the Contract. The Contract
Documents consist of all of the following, when applicable:
A. Owner-Contractor Agreement and any amendments or change orders thereto
B. Supplemental General Conditions, if applicable
C. General Conditions of the Contract
D. Addenda/Clarifications to Specifications
E. Addenda/Clarifications to Drawings
F. Specifications
G. Drawings
1.11
SUBMITTALS AND SHOP DRAWINGS
1.11.1
Submittals and shop drawings are drawings, diagrams, illustrations, performance charts,
brochures, samples, manufacturer’s data and safety sheets (MSDS) and other data
which are prepared by the Contractor or any Subcontractor, manufacturer, supplier, or
distributor, which illustrate some portion of the Work.
1.11.2
Samples are physical examples furnished by the Contractor to illustrate materials,
equipment, finishes, or workmanship, and to establish standards by which the Work
will be judged.
1.12
RULES AND REGULATIONS
1.12.1
The Contractor shall comply with the Texas Government Code (which pertains
primarily to discrimination against employees and applicants because of race, creed,
color, national origin, sex, or age). A violation of any provision contained in the Texas
Government Code shall constitute a material breach of the Contract.
1.13
BUILDING OFFICIAL The Building Official is the person with the Authority having
Jurisdiction (AHJ) in charge of issuing permits, inspecting and issuing Certificate of
Occupancy for the contracted work. Any changes to the Work that could be construed
to have a potential code impact shall be reviewed and approved by the Building
Official.
1.14
ALLOWANCE OR OWNER’S CONTINGENCY
Allowance or Owner’s contingency included in the Construction contract is for the
exclusive use of the Owner to address unforeseen conditions or extras through the
course of the construction phase. Upon review of proposed expenses for any additional
construction work by Architect and Owner, authorization will be provided to undertake
such work from funds set aside in the allowance/Owner contingency. Such changes in
work are subject to Section 2.7.6 of the General Conditions. Any unused allowance
shall be deducted from the construction contract via a deductive change order at the end
of construction phase.
5
SECTION 2
THE CONTRACT DOCUMENTS
2.1
INTENT AND INTERPRETATION
2.1.1
The Contract Documents are complementary, and what is required by any one shall be
as binding as if required by all. In the event that the terms, provisions, conditions,
specifications, or requirements contained in one contract document should conflict with
those contained in another contract document, then such conflict shall be resolved in
accordance with the following order of precedence:
A. Owner-Contractor Agreement and any amendments or change orders thereto
B. Supplemental General Conditions, if applicable
C. General Conditions of the Contract
D. Change Orders
E. Addenda to Specifications
F. Addenda to Drawings
G. Specifications
H. Drawings
2.1.2
In the event of an inconsistency between or within any of the Contract Documents, the
better quality or greater quantity of work shall be provided, at no additional cost to the
Owner.
2.1.3
Specifications shall take precedence over notes on drawings. Large scale drawings shall
take precedence over smaller scale drawings.
2.1.4
The Contract Documents are intended to include and require all items which are
necessary for the proper execution and completion of the Work.
2.1.5
Interpretations of the Drawings and Specifications and their intent, which are necessary
to the proper execution and completion of the Work will be made by the Architect.
Words which have well known technical or trade meanings are to be interpreted in
accordance with such recognized meanings.
2.1.6
The organization of the Specifications into divisions and sections, and the arrangement
of the Drawings, shall not be construed to establish controls or limitations on the
Contractor with regard to dividing the Work among Subcontractors, or in establishing
the extent of work to be performed by any specific trade.
2.2
EXISTING CONDITIONS
2.2.1
Prior to bidding, it is the Contractor's responsibility to ascertain any existing conditions
that may affect the cost of the Work which could have been discovered by reasonable
examination of the site.
2.2.2
No additional costs shall be allowed to the Contractor for existing conditions which
could have been discovered by reasonable examination of the site prior to bidding.
6
2.2.3
Existing improvements visible at the job site, for which no specific disposition is made
in the Contract Documents, but which could reasonably be assumed to interfere with
the satisfactory completion of the Work, shall be removed and disposed off by the
Contractor, at no additional cost to the Owner, after written notification is given to the
Owner.
2.2.4
The geotechnical report issued with the Contract Documents is provided for the
Contractor’s information and is not a Contract Document. The Owner does not
guarantee the accuracy or completeness of the report and shall not be ultimately liable
for any additional work or cost arising out of conclusions reached by the Contractor
based upon the geotechnical report.
2.3
REQUESTS FOR INFORMATION
2.3.1
The Contractor shall, upon discovering any discrepancy, conflict, or inconsistency in
the Contract Documents, immediately submit a Request for Information (RFI) to the
Architect. The Architect, upon receipt of any such request, will promptly investigate the
circumstances and give appropriate instructions to the Contractor, but will take such
action only after consultation with the Owner as applicable. Until such written
instructions are given, any work done by the Contractor, either directly or indirectly
relating to such discrepancy, conflict, or inconsistency will be at his own risk, and he
shall bear all costs arising there from. The Contractor shall maintain a sequential log of
all RFI’s.
2.3.2
No work shall be performed by the Contractor without adequate drawings or
specifications, or that is in conflict with or contrary to the Contract Documents. The
Contractor shall immediately report to the Owner and the Architect any discrepancy,
conflict, or inconsistency that he may discover, in the Contract Documents. If the
Contractor performs any work contrary to the Contract Documents, he shall be solely
responsible and shall bear all costs attributable thereto.
2.3.3
Requests for Information shall be limited to one specific issue or group of related issues
and shall not address multiple issues. The Architect will review and respond to RFI’s
within 10 days from the date that the RFI is received by the Architect. RFI’s shall be
issued by the Contractor to the Architect in a reasonable and orderly sequence such that
they are not unreasonably grouped together and then delivered to the Architect.
2.4
SUBMITTALS AND SHOP DRAWINGS
2.4.1
The Contractor shall review, stamp with his approval, and submit to the Architect with
reasonable promptness and in an orderly sequence so as to cause no delay in the Work,
or in the work of any Subcontractor, all submittals and/or shop drawings required by
the Contract Documents or subsequently required by the Architect.
2.4.2
The Contractor’s submittals shall provide specific written notice of any deviation from
the requirements of the Contract Documents. Failure to specifically identify such
deviations shall be adequate grounds for withdrawing or voiding approval of the
submittal. The Contractor shall be responsible for all costs or delays associated with
purchase and installation of any work that deviates from the requirements of the
7
Contract Documents.
2.4.3
The Contractor shall issue all major submittals to the Architect in a reasonable and
orderly sequence.
2.4.4
Submittals shall be properly identified as specified. By approving and issuing
submittals, the Contractor thereby represents that he has determined and has verified all
field measurements, field construction criteria, materials, catalog numbers and similar
data, and that he has checked and coordinated each submittal with the requirements of
the Contract Documents.
2.4.5
The Architect will review submittals within 14 days from the date that they are received
for conformance with the Contract Documents. The review of a separate item shall not
indicate approval of an assembly in which the item functions.
2.4.6
When a specific manufacturer and model of equipment is scheduled on the drawings
and/or in the specifications, and a second or third acceptable manufacturer is also listed
in the specifications, it shall be the responsibility of the Contractor to confirm with the
equipment supplier and equipment manufacturer, prior to bidding, that the alternative
manufacturer is providing pricing for equipment that is equipped with features and
capabilities that are equal to the scheduled and specified item of equipment. The
acceptability of an equipment submittal shall be subject to the equipment supplier and
manufacturer providing evidence satisfactory to the Owner and the Architect that the
submitted equipment is, in fact, equal to the scheduled and specified equipment.
2.4.7
The review and approval of submittals by the Architect shall not relieve the Contractor
of responsibility for any deviation from the requirements of the Contract Documents,
nor shall review by the Architect relieve the Contractor from responsibility for errors or
omissions in the submittals.
2.4.8
The Contractor shall correct submittals as required by the Architect and shall resubmit
the required number of corrected copies of submittals until the Architect indicates that
no further re-submittals are required. The Contractor shall identify in writing all
revisions made, in addition to identifying the corrections requested by the Architect on
previous submittals.
2.4.9
The number of submittals provided and approved shall include one set for use by the
Owner.
2.4.10
No work requiring submittals or shop drawings shall commence until the associated
submittals have been reviewed and approved by the Architect.
2.4.11
The Contractor shall submit drawings, data and samples to the Architect at least twenty
(20) days prior to the date the Contractor needs the reviewed submittals returned.
When colors are to be selected by the Architect, submit all color samples with adequate
time to allow the Architect to prepare a complete selection schedule, present to Owner
for approval and transmit to the Contractor.
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2.5
SUBSTITUTIONS
2.5.1
All bids and the Work shall be based on the products specified. The characteristics of
the specified products have been utilized in the design of the Project and in the
preparation of the Drawings and Specifications, and as such establish minimum
standards of function, dimension, appearance, and quality necessary for the Project.
Equivalent products of other manufacturers may be acceptable, if, in the judgment of
the Owner and the Architect, they meet the standards of the Contract Documents.
2.5.2
The Contractor shall submit any requests for substitutions in writing to the Owner and
the Architect within the time specified in Section 2.5.3. Submittals and shop drawings
do not constitute a request for substitution. Products not specified or accepted in writing
as equivalent to those specified shall not be installed. The Contractor shall be
responsible for all costs associated with removal and replacement should the Contractor
proceed with installation of any substituted product without specifically identifying the
substitution and obtaining written approval of the substituted product.
2.5.3
Requests for substitutions must be submitted to the Owner and the Architect within 30
days after the Notice to Proceed date. Thereafter, substitutions will be considered only
in cases of documented product unavailability or other conditions beyond the control
and without the fault of the Contractor, or in special circumstances when allowed by the
Owner and the Architect.
2.5.4
The burden of proof of substituted product equality rests with the Contractor. Final
approval of all substituted products shall be contingent on acceptance of the associated
submittals and/or shop drawings, compliance with the Contract Documents, acceptable
credit to Owner (when applicable) and acceptable installation. Approval to utilize a
substituted product does not relieve the Contractor or supplier of his responsibility to
meet the requirements of the Contract Documents.
2.6
AS-BUILT DRAWINGS
2.6.1
The Contractor shall provide and maintain at the Project site one copy of all Contract
Documents, in good order and marked to show clearly all changes and as-built
conditions. The Contractor and his Subcontractors shall indicate daily on these
documents all as-built conditions and revisions due to substitutions, field changes and
Change Orders. The location of all concealed piping, conduit, fixtures, pull-boxes, and
similar installations, shall be clearly identified on these documents. Upon completion or
termination of the Project, this set of documents shall be delivered to the Architect for
utilization in preparation of the record drawings.
2.6.2
Progress payments may be reduced or withheld by the Owner in the event that as-built
drawings are not kept current.
2.7
CHANGES IN THE WORK
2.7.1
A Change Order is an amendment to the Owner-Contractor Agreement and is a written
order to the Contractor signed by the Owner and the Contractor, issued after the
execution of the Contract, authorizing a change in the Work and/or an adjustment in the
9
Contract Sum or the Contract Time.
2.7.2
The Architect and the Owner (in conjunction with the Architect) have the authority to
order minor changes in the Work which do not involve an adjustment in the Contract
Sum or an extension of the Contract Time. Such changes shall be binding on the
Contractor.
2.7.3
The Contractor shall not proceed with changes to the Work without an allowance
authorization or an approved Change Order. If the Contractor proceeds with changes to
the Work without proper written approval, he does so at his own risk.
2.7.4
Should any event or circumstance occur that the Contractor believes may constitute a
change in the Work entitling the Contractor to an adjustment to the Contract Sum or the
Contract Time, the Contractor shall issue written notice and issue a request for a change
order to the Owner within 7 days of the discovery of such event or circumstance. Such
written notice shall be issued by the Contractor for any event or circumstance that the
Contractor knows, or should have known, to have a potential impact on the Project. The
request shall describe in detail the related causes and any potential impact to the
Project. The Contractor shall also identify any anticipated adjustment to the Contract
Sum and/or to the Contract Time as a result of such impact. Failure to submit such
written notice and a change order request within the time stipulated and with the
information required by this Section (Section 2.7) shall constitute a waiver by the
Contractor of his right to a change order on the basis of this event or issue.
2.7.5
The cost or credit to the Owner resulting from a change in the Work shall be
determined in one or more of the following ways:
A. By unit prices stated in the Contract Documents or as subsequently agreed upon.
2.7.6
B.
By a lump sum proposal, which is mutually accepted, properly itemized, and
includes the following:
1. Labor, including benefits, payroll taxes, and workers compensation insurance.
2. Materials entering permanently into the Work, including applicable sales tax.
3. Costs for equipment utilized to perform the Change Order work.
C.
By a not-to-exceed maximum cost, which is based on the actual cost of time and
materials, properly itemized and verified, and includes the following:
1. Labor, including benefits, payroll taxes, and workers compensation insurance.
2. Materials entering permanently into the Work, including applicable sales tax.
3. Costs for equipment utilized to perform the Change Order work.
The costs for changes in the Work may be increased to include a fixed mark-up for
Subcontractor overhead and profit, General Contractor overhead and profit on
Subcontractor work, and overhead and profit on work done by the General Contractor's
own forces. This fixed mark-up shall not exceed the amounts stipulated below for a
change to be authorized under project allowance, a single Change Order item, or for
any group of related items, and shall be full compensation for the cost of supervision
(to include the Project Manager, Project Coordinator, Superintendent, and all other field
and office personnel), field office and home office overhead, profit, tools, insurance
and bonding, and all other costs or expenses associated with completing the change in
10
the Work. No other costs or expenses, including, but not limited to, direct daily job
costs, general conditions, and/or extended overhead will be paid for time extensions
incorporated into a Change Order unless otherwise agreed to in writing by the Owner.
Allowance authorization/ Change Order Item
Amount (Prior to Mark-Up)
Portion from $0 to $50,000
Portion over $50,000
Mark-Up
15%
10%
2.7.7
Execution of a Change Order shall be considered complete adjustment of the Contract
Sum and the Contract Time and represents complete and final resolution of all matters
related to, or arising out of, the Change Order. The Contractor may not reserve the right
to make further claims with regard to any executed Change Order. Any attempt by the
Contractor to reserve such a right shall be considered invalid and unenforceable.
2.7.8
All requests for changes in the Work shall be submitted to the Owner and the Architect
in sufficient detail to allow a complete analysis of all costs. The Contractor shall, upon
request by the Owner or the Architect, submit invoices for materials and equipment
utilized in Change Order work. Labor rates, including fringe benefits, shall be in
conformance with the applicable prevailing wage rates for this Project.
2.7.9
The Contractor shall, upon request by the Owner or the Architect, submit detailed
rationale and justification for labor rates utilized in Change Order work.
2.7.10
The Contractor and the Owner mutually agree that the Owner shall have the right to
issue one or more Change Orders at or near the end of the Project, requiring work to be
performed after the expiration of the Contract Time, without negating or affecting the
Owner’s right to assess any liquidated damages that the Owner may be entitled to on
already delinquent work. The scope of such Change Orders shall be limited to work that
is deemed by the Owner to be incidental in nature and necessary to allow for proper
completion of the Project.
2.8
CONSTRUCTION CHANGE DIRECTIVES
2.8.1
A Construction Change Directive is a written directive to the Contractor, signed by the
Owner and the Architect, which shall serve as formal and binding direction for the
Contractor to proceed with a change in the Work. The directive may be implemented
when deemed necessary as an interim action until a Change Order can be formally
assessed and executed. Upon receipt of a Construction Change Directive, the
Contractor shall promptly proceed with the directed changes.
2.8.2
The Owner, without invalidating the Contract, may order changes in the Work utilizing
a Construction Change Directive with the Contract Sum and/or the Contract Time being
adjusted as deemed appropriate. The Contractor shall comply with the provisions of
Paragraph 2.7.4 in the event that the Contractor believes that a Construction Change
Directive has a potential impact on the Contract Time or the Contract Sum.
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2.9
CONTRACTOR'S USE OF CONTRACT DOCUMENTS
2.9.1
Copies of the Contract Documents which are reasonably necessary for the proper
execution, progress, and satisfactory completion of the Work shall be provided to the
Contractor by the Owner. Copies so furnished are not to be used by the Contractor on
any other project.
SECTION 3
THE CONTRACT
3.1
GENERAL
3.1.1
The Contract Documents form the Contract for construction. The Contract represents
the entire and integrated agreement between the Owner and the Contractor and
supersedes all prior negotiations, representations or agreements, either written or oral.
3.1.2
The Contract shall not be binding on either the Owner or the Contractor until the
Owner-Contractor Agreement and the Performance and Payment Bonds have been
properly executed and submitted, and the Owner-Contractor Agreement has been
approved and signed by the President of Board of Trustees or by the District’s
designated representative.
3.1.3
Execution of the Owner-Contractor Agreement shall constitute the Contractor’s
representation that he has carefully examined the contents of all Contract Documents,
that he has read and understands the same, and specifically agrees to be bound thereby.
Additionally, execution of the Owner-Contractor Agreement by the Contractor shall
represent that he has inspected the site, familiarized himself with all local conditions,
laws, and regulations under which the Work is to be performed and has correlated this
knowledge with the requirements of the Contract Documents.
3.1.4
The Contract Documents shall not be construed to create a contractual relationship of
any kind between the Architect and the Contractor; between the Owner and a
Subcontractor; or, between any persons or entities other than the Owner and the
Contractor. The Architect shall, however, have authority to act on behalf of the Owner,
to the extent provided in the Contract Documents.
3.1.5
The laws of the State of Texas and the applicable rules and regulations of its
departments, agencies, and institutions shall govern the Project and the Work. Each and
every provision of law and clause required by law to be inserted in the Contract shall be
deemed to be inserted therein, and the Contract shall be read and enforced as though it
were included therein, and if through mistake or otherwise, any such provision is not
inserted, or is not correctly inserted, then upon the application of either party the
Contract shall be physically amended to make such insertion or correction.
3.1.6
The Contract Sum is the sum stated in the Owner-Contractor Agreement and is the total
dollar amount payable by the Owner to the Contractor for the complete and approved
performance of the Work in strict conformance with the Contract Documents.
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3.2
CONTRACT TIME
3.2.1
The Contract Time is the period of time, in calendar days, allotted in the Contract
Documents for the completion of the Work. A Calendar Day shall be understood to be
any day of the year, including weekends and holidays.
3.2.2
The date of commencement of the Work is the date established in the Notice to Proceed
letter issued by the Owner. Upon receipt of payment and performance bonds, and
insurance certificates the District shall issue a Notice to Proceed (NTP).
3.2.3
The Contractor shall begin the Work on the starting date established in the Notice to
Proceed letter. He shall perform the Work expeditiously with adequate forces and shall
complete the Work within the Contract Time.
3.2.4
Unless otherwise agreed upon, normal working days are considered to be Monday
through Friday, excluding District holidays, between the hours of 7:00 a.m. and 4:00
p.m. If the Contractor desires to work on any weekend day, District holiday, or during
any other hours of the day he shall request and obtain the Owner's written approval at
least 5 days in advance of the requested deviation.
3.2.5
It is expressly understood and agreed that the Contract Time is a reasonable and
acceptable time for completion of the Work considering the requirements of the
Contract Documents, the type and scope of the Project, and the usual industrial and
labor conditions prevailing in the locality of the Project.
3.2.6
It is expressly understood and agreed that the Contract Time includes adequate time to
allow for usual weather delays considering the climatic conditions in the area of the
Project. No adjustments to the Contract Time will be allowed on the account of usual
weather. The Contractor shall include adequate float or other allowance in his
construction schedule to accommodate weather conditions that may be associated with
weather dependent work. An extension to the Contract Time will be considered only in
a case where an abnormal or unusual weather delay has directly affected the critical
path identified in the approved construction schedule. Such request for time extension
must include documents containing historic data from National Weather Service.
3.2.7
The Contractor's bid and the Contract Sum are based on the Contract Time specified in
the Contract Documents and shall not be based on an early completion schedule. No
additional compensation shall be granted to the Contractor for delays to an early
completion schedule and any such claim by the Contractor is hereby waived.
3.3
CONTRACT TIME EXTENSIONS
3.3.1
An extension in Contract Time for a delay will be allowed only in the case that a full
normal working day is lost. Delays will not be allowed for lost partial days or for lost
non-working days.
3.3.2
All requests by the Contractor for extensions of the Contract Time due to delays to the
Work shall be made in writing to the Owner and the Architect within 7 calendar days
13
after the start of the delay. Each request shall describe in detail the event or events
causing the delay, any related causes, and any impact to the Work and the Project.
Failure to submit such requests within the stipulated time and with the information
required by this paragraph shall constitute a waiver by the Contractor of his right to an
extension of the Contract Time based upon this event or issue.
3.3.3
If the Contractor is delayed at any time in the progress of the Work by any act or
neglect of the Owner or the Architect, or by any employee of either, by any separate
contractor employed by the Owner, or by circumstances that are agreed to be beyond
the control and without the fault of the Contractor and his Subcontractors and suppliers,
the Contract Time may be extended by Change Order for such reasonable time as the
Owner may determine.
3.3.4
The Contractor shall not claim or be entitled to any compensation or damages from the
Owner because of delay caused by the Owner, the Architect, or any person working for
either of them, and any entitlement therefore is hereby waived. The Contractor agrees
that his sole remedy shall be an extension of time to complete the Work as provided in
the Contract Documents, except that the Owner agrees to compensate the Contractor for
any damages resulting from any affirmative, willful act in bad faith performed by the
Owner or his employees which unreasonably interferes with the Contractor's ability to
complete the Work within the Contract Time.
3.3.5
Should the Contractor request and be allowed cumulative time extensions which cause
the Contract Time to end on a non-working day (on a weekend day or a holiday), the
non-working day(s) will be added to the Contract Time such that the Contract Time
ends on a working day.
3.3.6
Extensions to the Contract Time will only be allowed for delays that affect the critical
path for completion of the entire Work as identified in the approved construction
schedule.
3.3.7
Extensions to the Contract Time will not be allowed for delays which could have been
avoided by the exercise of care, prudence, foresight, and/or diligence by the Contractor,
or for delays resulting from correction of work rejected as defective or as failing to
conform to the Contract Documents.
3.4
SUBSTANTIAL COMPLETION
3.4.1
Substantial Completion is the stage in the progress of the Work, or a designated portion
thereof, when construction is sufficiently complete in accordance with the Contract
Documents, so that the Owner can occupy and/or utilize the Work (or portion thereof)
for its intended use. The Work will not be considered substantially complete if any of
the following conditions exist:
A. Incomplete or defective work remains (including work identified in the final
punch list) which, in the opinion of the Owner, would prevent or interfere with
occupancy and/or full use of the facility.
B. The Project’s mechanical systems have not been tested, balanced, and accepted as
being fully complete (including commissioning when applicable).
14
C.
D.
E.
F.
G.
The Project’s electrical and life safety systems have not been tested and accepted
as being fully complete (including commissioning when applicable).
Applicable State Inspections including following but not limited to: Texas
Department of Licensing and Regulation Accessibility Inspection, State Elevator,
State Boiler, Texas Department of Transportation etc.,
A Certificate of Occupancy has not been issued by the Building Official (either a
Temporary/Conditional or a Final/Unconditional Certificate of Occupancy).
Major HVAC and Electrical Equipment operation and demonstration to Owner’s
representatives have not been held.
Final clean-up is not complete.
3.4.2
The following procedure shall be used in establishing Substantial Completion of the
Work, unless otherwise agreed to in writing:
A. When the Contractor determines that the Work, or a portion thereof, which the
Owner agrees to accept separately, is substantially complete, the Contractor shall
submit written notice thereof to the Owner and the Architect, and shall include a
punch list of all items which remain to be completed or corrected. Failure to
include any items on the list does not alter the Contractor’s responsibility to
complete all work in accordance with the Contract Documents.
B. Inspections for Substantial Completion may be requested by the Contractor only
after the status of completion has been reviewed and assessed by the Owner and
the Architect. Upon such review the Owner and/or the Architect will issue a list of
any observed deficiencies that affect the issuance of a Certificate of Substantial
Completion.
C. If the Owner and the Architect, on the basis of an on-site inspection, agree that the
Work is substantially complete, the Owner /Architect may provide the Contractor
with a list of additional corrective items which shall be added to the Contractor’s
and the Building Official’s list of deficiencies.
D. If the Owner and the Architect, on the basis of an on-site inspection, determine
that the Work is not substantially complete, the Architect will notify the
Contractor in writing, and will provide a list of observed deficiencies. The
Contractor shall remedy the deficiencies and submit another written request for
Substantial Completion.
E. When the Owner and the Architect determine that the Work is substantially
complete, the Owner will prepare a Certificate of Substantial Completion, which
shall establish the date of Substantial Completion, state the responsibilities of the
Owner and the Contractor for maintenance, heat, utilities, and insurance, and fix
the time within which the Contractor shall complete the punch list items that are
attached to the Certificate of Substantial Completion.
F. The Certificate of Substantial Completion, when signed by the Owner and the
Contractor, shall serve to document the Contractor’s acceptance of the
responsibilities assigned to him in such Certificate.
3.4.3
No payment, nor any use or occupancy of the Project, or any portion thereof, by the
Owner, shall constitute acceptance of any work that is not completed in accordance
15
with the Contract Documents, nor shall it relieve the Contractor of full responsibility
for correcting defective work or materials found at any time prior to completion of the
entire Project or during the warranty period.
3.5
FINAL COMPLETION
3.5.1
When the Contractor considers the Work fully completed, he shall submit written
notice to the Owner and the Architect confirming all of the following:
A. The Work has been fully completed in accordance with the Contract Documents
and is ready for final inspection.
B. All punch list items have been corrected or completed.
C.
D.
E.
F.
All equipment and systems have been tested, adjusted, and balanced and are fully
operational.
All training required by the Contract Documents has been provided.
All operation and maintenance manuals, as-built drawings and all other close-out
documents have been submitted in accordance with the Contract Documents and
have been accepted as being complete.
All surety releases and consents required by the Contract Documents have been
submitted to the Owner.
3.5.2
The Owner and Architect will perform a final inspection of the Work. If the Work is
found to be incomplete or defective, the Architect shall notify the Contractor in writing
and provide with a list of observed deficiencies. The Owner may withhold such
payment as deemed appropriate to ensure the correction of the deficiencies. Should the
Contractor fail to promptly correct the deficiencies noted in the final punch list, the
Owner may, upon 7 day written notice to the Contractor, hire another contractor to
correct such deficiencies, notify the Contractor’s Surety, and/or otherwise complete or
correct the listed deficiencies, at the Contractor’s expense.
3.5.3
When the Work and all requirements of the Contract Documents are fully and
satisfactorily completed, the Owner will pay to the Contractor a final payment
consisting of the remaining unpaid balance of the Contract Sum due the Contractor.
The acceptance of the final payment by the Contractor shall constitute a full and final
release and waiver of all Contractor claims and rights of claim against the Owner
relating or pertaining to the Work.
3.6
WARRANTY REQUIREMENTS
3.6.1
The Contractor and his Surety shall unconditionally guarantee all workmanship and
materials incorporated in the Work to be and remain free of defects.
3.6.2
When the Work, or a portion thereof, is accepted as being substantially complete, the
warranty period will commence on the date of the Certificate of Substantial Completion
for the completed portion of the Work.
3.6.3
For a period of one year following commencement of the warranty period, and for such
longer periods as specified in the Contract Documents, the Contractor shall promptly
16
remedy any defects in the Work, and pay for any damage to other work resulting there
from. The Owner shall promptly notify the Contractor in writing of any observed
defects. The Contractor shall ensure that the corrective work is completed within 7 days
of such notice and is completed in an expeditious and timely manner.
3.6.4
The obligations of the Contractor herein shall be in addition to and not in limitation of
any obligation imposed by law, or any common law warranty periods.
3.6.5
Through the one year correction period described in 3.6.3 above (approximately 1, 3, 6,
9 and 12 months after the date of the Certificate of Substantial Completion, on a date
scheduled by the Owner) the Contractor and all requested Subcontractors shall attend a
warranty inspection. The Contractor shall take immediate action to remedy, at no cost
to the Owner, all warranty items identified during the warranty inspection.
3.7
LIQUIDATED DAMAGES
3.7.1
It is hereby mutually understood and agreed, by and between the Contractor and the
Owner, that the Contract Time, as specified in the Contract, is an essential condition of
the Contract. It is further mutually understood and agreed that both the Work and the
Contract Time shall commence on the starting date established in the Notice to Proceed
letter.
3.7.2
The Contractor agrees that all work shall be executed regularly, diligently, and without
interruption at a rate of progress that will ensure completion of the Work within the
Contract Time.
3.7.3
If the Contractor shall neglect, fail, or refuse to achieve Substantial Completion of the
Work within the Contract Time, then the Contractor and his Surety do hereby agree, as
part of the consideration for the Contract, to pay to the Owner, not as a penalty, but as
liquidated damages, the amount of money specified in the Owner-Contractor
Agreement for each and every excess calendar day that is required to achieve
Substantial Completion of the Work. The specified liquidated damages shall be the
Owner’s sole and exclusive remedy for delays in substantial completion.
3.7.4
The Contractor and the Owner mutually agree that in the event of a delay the actual
damages to be suffered by the Owner are difficult to determine and accurately quantify.
Accordingly, the Contractor, his Surety, and the Owner agree that the amount specified
in the Owner-Contractor Agreement for liquidated damages is the appropriate and best
estimate of the damages that would actually be incurred by the Owner should the Work
not be completed within the Contract Time.
3.7.5
Should the remaining balance of the Contract Sum be insufficient to cover the specified
liquidated damages, then the Owner shall have the right to recover any remaining sum
from the Contractor, from his Surety, or from both.
3.7.6
Liquidated damages shall cease to be assessed on the date that Substantial Completion
is achieved provided the Contractor completes all punch list work within the time limit
stipulated in the Certificate of Substantial Completion. If the Contractor does not
complete all of the punch list work within the time limit stipulated in the Certificate of
Substantial Completion, the Owner may assess an additional daily liquidated damage
17
rate as set forth in the Owner-Contractor Agreement.
3.8
CLAIMS FOR DAMAGES
3.8.1
Should either party to the Contract suffer injury or damage to person or property
because of any act or omission of the other party or of any of his employees, agents, or
others for whose acts he is legally liable, notice shall be provided in writing to such
other party within 7 (seven) days after the first knowledge of such injury or damage.
3.8.2
Any costs to the Owner caused by defective or ill-timed work performed by the
Contractor shall be paid by the Contractor.
3.9 DISPUTE RESOLUTION
3.9.1 A controversy or claim arising out of or related to the Contract Documents or the Work
shall be subject to all provisions of this Section 3.9 (Dispute Resolution) as a condition
precedent to the institution of legal or equitable proceedings by either party. These
provisions do not apply, however, if the Owner has given notice of default to the
Contractor or the Surety under the terms of the Contract Documents or the Performance
Bond. If the Owner discovers construction defects after final payment, the Owner has the
right to file an immediate judicial action. When the Contractor accepts final payment
pursuant to Section 7.3 he waives all rights under this Section (3.9), including the filing
of judicial action.
3.9.2 Unless otherwise agreed to in writing, the Contractor shall continue the Work and
maintain the construction schedule of the Work during any dispute resolution
proceedings. If the Contractor continues to perform in accordance with the Contract
Documents, the Owner shall continue to make payments in accordance with the Contract
Documents. If, however, the Contractor wishes to make a Claim for an increase in the
Contract Sum, Contractor must provide written notice of such claim as required herein
before proceeding to execute the Work. If the Contractor has received a Construction
Change Directive signed by the Owner and Architect, Contractor shall proceed with such
Work pending resolution of any disputed increases in the contract sum.
3.9.3 In the event that a claim, dispute, or controversy arises between the parties that is related
to the Contract Documents or the Work, the party asserting the claim, dispute, or
controversy must provide written notice of such claim, dispute or controversy to the other
party within 90 days of the occurrence or event giving rise to the claim, or within 90 days
after the claimant first recognizes the condition giving rise to the claim. The written
notice shall set forth with specificity the nature of the claim or controversy, the relief
sought, any other pertinent matters relating thereto, and shall comply with Section 1.8
(Written Notice) of these General Conditions. Notice from the Contractor to the Owner
shall be addressed to the Architect, with a copy to the Owner’s Director of Design and
Construction Department. The notice and time requirements set forth herein shall not
apply to warranty claims or construction defect claims that the Owner may have against
the Contractor.
3.9.4 Claims by the Contractor against the Owner for an increase in the Contract Sum or an
increase in the Contract Time shall be decided initially by the Architect, in the form of a
18
written recommendation. An initial recommendation by the Architect shall be required
as a condition precedent to mediation or litigation of all claims by the Contractor arising
prior to the date final payment is due, unless 30 days have passed after the claim has been
made to the Architect with no recommendation having been rendered by the Architect.
3.9.5 The Architect will review claims and within 10 days of the receipt of the claim take one
of the following actions: (1) request additional supporting data from the Contractor, or (2)
make a written recommendation to the Owner, with a copy to the Contractor. In
evaluating claims, the Architect may, but shall not be obligated to, consult with or seek
information from either party or from persons with special knowledge or expertise who
may assist the Architect in making a written recommendation. If, in evaluating claims or
making recommendations, the Architect determines it necessary to engage the assistance
of any outside person or entity to make inspections, uncover the Work or render opinions,
then the costs of such outside services shall be provided upfront to the Owner and
Contractor. If the claimant wishes to proceed with a decision on the claim, then the cost
of such additional outside services shall be charged to the party against whom the claim
is decided in the Architect’s written recommendation.
3.9.6 If the Architect requests a party to provide a response to a claim or to furnish additional
supporting data, such party shall respond within 10 days after receipt of such request and
shall either provide a response on the requested supporting data, advise the Architect
when the response or supporting data will be furnished or advise the Architect that no
supporting date will be furnished.
3.9.7
Following receipt of the Architect’s written recommendation regarding a claim, the
Owner and Contactor shall attempt to reach agreement as to an adjustment to the Contract
Sum and/or Contract Time. If no agreement can be reached, either party may request
mediation, which may only be conducted by mutual agreement of the parties, or may
institute legal proceedings.
3.10
TERMINATION BY THE CONTRACTOR
3.10.1
The Contractor may, upon 7 days written notice, terminate the Contract after the Work
is stopped for a period of 60 consecutive days through no act or fault of the Contractor,
of a Subcontractor, or their employees or agents; or due to issuance of a court order or
other order from a public authority having jurisdiction.
3.10.2
If the Contractor terminates the Contract under the terms of the previous paragraph, he
may recover from the Owner payment for work completed and approved, including
reasonable overhead, profit, and termination costs. The Contractor will not be entitled
to overhead and profit on any unperformed work.
3.11
TERMINATION BY THE OWNER
3.11.1
If any one of the following occurs, then the Owner may, without prejudice to any other
right or remedy, and after giving the Contractor and his Surety 7 days written notice
and opportunity to cure, terminate the employment of the Contractor.
A. The Contractor is adjudged bankrupt.
B.
The Contractor makes a general assignment for the benefit of his creditors.
19
C.
A receiver is appointed on account of the Contractor’s insolvency.
D.
The Contractor persistently or repeatedly refuses or fails to supply an adequate
number of properly skilled workmen, proper supervision, or proper materials.
The Contractor fails to make prompt payment to Subcontractors or to materials
suppliers for materials or labor.
The Contractor disregards any law, ordinance, rule, regulation, or order of any
public authority having jurisdiction.
The Contractor otherwise breaches the Contract.
E.
F.
G.
3.11.2
Upon termination by the Owner, the Owner may take possession of the site and of all
materials, equipment, tools and machinery thereon owned by the Contractor and may
finish the Work utilizing whatever means and methods the Owner deems appropriate.
A. Should the Owner terminate the Contract for any of the aforementioned reasons, the
Contractor shall not be entitled to receive any further payment until the entire Work is
fully complete and the actual amount due to the Contractor if any can be properly
determined.
B. Upon such termination, the Contractor shall not be entitled to any further payments
until the project is finally completed and an accounting is made. If the unpaid balance
of the Contract Sum exceeds the costs of finishing the Work, including compensation
for any additional professional services, such excess shall be paid to the Contractor. If
such costs exceed the unpaid balance, the Contractor and his Surety shall promptly pay
the difference to the Owner.
3.11.3
The Owner expressly reserves the right to terminate the Contract at any time due to a
national emergency, court injunction, or for any reason determined to be in the best
interest of the constituents of Fort Bend County and Fort Bend Independent School
District, by giving the Contractor and his Surety 7 days written notice. The Contractor
shall be paid for work completed and approved, including reasonable overhead and
profit on completed work, and termination costs. The Contractor will not be entitled to
overhead or profit on any unperformed work.
3.12
SEPARATE CONTRACTS
3.12.1
The Owner reserves the right to award other separate contracts in connection with other
portions of the Project. The Owner shall require such separate contractors to provide
insurance as required by the Contract and shall comply with all safety regulations, laws
and comply with General Contractor’s Safety Policies.
3.12.2
The Contractor shall afford the Owner’s separate contractors reasonable opportunity for
the introduction and storage of their materials and equipment and the execution of their
work, and shall properly interface and coordinate his work and theirs.
3.12.3
If any part of the Contractor's work depends on the proper execution of the work of any
separate contractor, the Contractor shall inspect and promptly report to the Owner and
the Architect any discrepancies or defects in such other work. Failure of the Contractor
20
to so inspect and report shall constitute an acceptance of the separate contractor's work
as fit and proper to receive his work, except as to defects which may develop in the
other separate contractor's work after the execution of the Contractor's work.
3.12.4
The Contractor shall do all cutting, fitting, and patching of the Work that may be
required to accommodate and incorporate the work of any separate contractor, as shown
upon or as reasonably implied by the Contract Documents. The Contractor shall not
endanger or alter the work of any separate contractor.
3.12.5
Should the Contractor cause damage to the work or property of any separate contractor
on the Project, the Contractor shall, upon written notice, settle with the separate
contractor. If any separate contractor asserts any claim against the Owner on account of
any damage alleged to have been sustained, the Owner shall notify the Contractor, who
shall indemnify, hold harmless, and defend the Owner against any such claim.
3.12.6
If a dispute arises between the Contractor and a separate contractor as to their
responsibility for any costs or damages to the Project, the Owner may assign and charge
such costs or damages to the Contractor and/or the separate contractor as the Owner, in
his sole discretion, determines to be appropriate.
3.13
ASSIGNMENT
3.13.1
The Contractor binds himself and each of his partners, successors, assigns and legal
representatives to the Owner and to the Owner's partners, successors, assigns and legal
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents. He shall not assign or sublet the Contract, in whole or in part,
without the written consent of the Owner, nor shall the Contractor assign any monies
due or to become due to him hereunder, without the prior written consent of the Owner.
3.14
SEVERABILITY
3.14.1
The Contract and the various provisions thereof are severable. Should any part, clause,
provisions or terms be declared invalid, ineffective or unenforceable, the remaining
provisions shall remain in full legal force and effect.
3.15
INDEMNIFICATION
3.15.1
To the fullest extent permitted by law, the Contractor shall indemnify, and hold
harmless the Owner, the Architect, the Architect's consultants, and the agents and
employees of any of them from and against all claims, damages, losses, and expenses,
including, but not limited to attorneys' fees arising out of or resulting from performance
of the Work, provided that such claim, damage, loss, or expense is attributable to bodily
injury, sickness, disease, or death, or to injury to or destruction of tangible property
(other than the Work itself) caused by the negligent acts or omissions of the Contractor,
a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose
acts they may be liable. Such obligation shall not be construed to negate, abridge, or
reduce other rights or obligations of indemnity which would otherwise exist as to a
party or person described in this paragraph.
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3.15.2
The Owner and the Contractor shall each indemnify the other for any losses to the
extent caused by the indemnifying party.
3.15.3
In any and all claims against the Owner or the Architect or any of their agents or
employees by any employee of the Contractor, any Subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be
liable, the indemnification obligation hereunder shall not be limited in any way by any
limitation on the amount or type of damages, compensation, or benefits payable by or
for the Contractor or any Subcontractor under workers compensation acts, disability
benefit acts, or other employee benefit acts.
3.15.4
Obligations of the Contractor hereunder shall not extend to the liability of the Architect,
his agents or employees arising out of the preparation or approval of maps, drawings,
opinions, reports, surveys, change orders, designs or specifications; or the giving of or
the failure to give directions or instructions by the Architect, his agents or employees,
provided such giving or failure to give is the primary cause of the injury or damage.
3.15.5
Obligations of the Contractor hereunder shall not be construed to negate, abridge, or
reduce other rights or obligations of indemnity which would otherwise exist pertaining
to a party or person described herein. This indemnification obligation shall not be
diminished or limited in any way by the limits of insurance required in this Contract or
otherwise available to the Contractor or Subcontractors.
3.15.6
All indemnification obligations of the Contractor shall survive final payment.
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SECTION 4
THE OWNER
4.1
OWNER'S RESPONSIBILITIES
4.1.1
The Owner will provide general administration of the Contract, including performance
of the functions described in this Section (Section 4). Such general administration shall
not relieve the Contractor of complete responsibility for the means and methods of
construction and performance of the Work in accordance with the Contract Documents.
4.1.2
The Owner shall furnish site surveys describing the topography and physical
characteristics, legal limits, and utility locations for the Project site. The Owner shall
also furnish the Geotechnical report if applicable for the project.
4.1.3
Except for permits and fees which are the responsibility of the Contractor under the
Contract Documents, the Owner shall secure and pay for easements and utility
connection fees for permanent structures or for permanent changes in existing facilities.
All fees related to the inspection of the Work by as required City, County, State and
Federal Government is the responsibility of the Contractor. The Owner will contract
and pay for all 3rd Party Materials Testing as required by Texas law. The Owner will
also contract and pay for all HVAC Test and Balance activities as required.
4.1.4
Information or services under the Owner's control shall be furnished by the Owner
within a reasonable time to avoid delays in the orderly progress of the Work.
4.1.5
Prior to the start of construction, the Owner shall obtain all land and rights-of-way
necessary for the carrying out and completion of the Work.
4.1.6
In case of termination of the employment of the Architect, the Owner shall appoint a
replacement whose status under the Contract Documents shall be that of the former
Architect.
4.1.7
The Owner will issue the Notice to Proceed and Certificate of Substantial Completion.
4.1.8
The foregoing are in addition to other duties, responsibilities, and rights of the Owner
enumerated throughout the Contract Documents.
4.2
OWNER'S AUTHORITY
4.2.1
The Owner and his representatives shall have access to the Work at all times. The
Contractor shall provide proper equipment and facilities for such access and inspection.
If any work is required to be tested or approved, the Contractor shall give the Owner
timely notice of its readiness for inspection. Neither the observations of the Owner or
the Architect in the administration of the Contract, nor any inspections, tests, or
approvals shall relieve the Contractor from his obligation to perform the Work in
accordance with the Contract Documents.
4.2.2
If the Contractor defaults or neglects to carry out the Work in accordance with the
Contract Documents or fails to perform any provision of the Contract, the Owner may,
after 7 days written notice to the Contractor, and without prejudice to any other remedy
23
he may have, make good such deficiencies. In such case, the Owner may deduct from
the payments then or thereafter due the Contractor the cost of correcting such
deficiencies, including the cost of the additional professional services made necessary
by such default, neglect, or failure. If the payments then or thereafter due the Contractor
are not sufficient to cover such amount, the Contractor shall immediately pay the
difference to the Owner.
4.2.3
Should the Owner or the Architect determine that the Contractor has proceeded with
work that does not comply with the Contract Documents, the Contractor shall be
required to correct such work at the Contractor’s own expense.
4.2.4
The Owner will not be responsible for the acts or omissions of the Contractor or any
Subcontractor, or any of their agents or employees, or any other persons performing
any of the Work.
4.2.5
If the Contractor fails to correct work which is not in accordance with the requirements
of the Contract Documents or fails to carry out work in accordance with the Contract
Documents, the Owner, by written notice, may order the Contractor to stop the Work,
or any portion thereof, until the cause for such order has been eliminated. The
Contractor shall not be entitled to any compensation or to any additional time for such
work stoppage.
4.3
INSPECTION BY THE OWNER
4.3.1
Any required 3rd Party Inspection company retained by the Owner has authority to
require compliance with the Contract Documents. The Architect will render
interpretations of the Drawings and Specifications as may be necessary to assist the
Inspector with proper assessment of non-complying work.
4.3.2
The 3rd Party Inspection company retained by the Owner may direct the Contractor to
stop any unsafe work, any non-complying work, and/or any work that presents a lifesafety concern. The Contractor shall not be entitled to any compensation or to any
additional time for such work stoppage.
4.3.3
Once the Contractor is advised of non-complying work, proceeding with that work or
with any related work shall be at the Contractor’s risk and at the Contractor’s expense.
4.3.4
The Contractor shall provide the 3rd Party Inspection company with a minimum 48 hour
written notice of all desired inspections.
4.3.5
The Contractor will be charged for extra inspection services when any work requiring
inspection is performed during time periods other than the normal workday (i.e., during
nights, weekends, and holidays). The charges shall be based on the current rate of pay
for the company conducting the inspection, including any applicable travel and per
diem expenses. Charges for extra inspection services outside of normal working hours
will be processed as deductive changes to the Contract Sum. The necessity for extra
inspection services outside of normal working hours will be determined by the Owner.
4.3.6
The Owner and his authorized representatives shall be permitted to inspect the Work
24
and materials, of the Contractor and Subcontractors. Such inspection by the Owner or
his authorized representatives shall not be considered a warranty as to the fitness or
acceptability of the Work and materials, and shall not relieve the Contractor or his
Subcontractors of their obligations or duties required by the Contract Documents.
SECTION 5
THE CONTRACTOR
5.1
GENERAL
5.1.1
The Contractor shall carefully study and compare all parts of the Contract Documents
with each other and with all information furnished by the Owner and shall immediately
report any discrepancies, conflicts, or inconsistencies that he discovers in writing to the
Owner and the Architect. The Contractor shall not be liable to the Owner and/or the
Architect for any damages resulting from discrepancies, conflicts, or inconsistencies in
the Contract Documents unless the Contractor recognized, or should have recognized
such discrepancies, conflicts, or inconsistencies and failed to report them to the Owner
and the Architect.
5.1.2
No mobilization shall commence and no work shall be performed until all required
bonds and insurance certificates have been provided to the Owner.
5.1.3
If the Contractor performs any work knowing that it involves a recognized discrepancy,
conflict, or inconsistency in the Contract Documents, without specific notice to the
Owner and the Architect, the Contractor shall assume all responsibility for such
performance including but not limited to, any and all costs for correction.
5.1.4
The Contractor shall submit cost proposals, progress schedules, reports, estimates,
records, and other data as the Owner or Architect may request concerning work
performed, or to be performed under the Contract.
5.2
CONTRACTOR'S RESPONSIBILITIES
5.2.1
The Contractor shall perform the Work in a timely and workmanlike manner and in
strict conformance with the Contract Documents.
5.2.2
The Contractor shall prepare and submit daily reports to the Owner and the Architect
within seven days of the reported day. Reports shall include workers on site, work
performed, weather conditions, material and equipment deliveries, outstanding issues,
and pending RFI’s.
5.2.3
The Contractor shall supervise and direct all portions of the Work. He shall be solely
responsible for all construction procedures, methods, techniques, sequences, and safety,
and for coordinating all portions of the Work to comply with the Contract Documents.
He shall be responsible for the acts and omissions of his employees and Subcontractors,
their agents and employees, and all other persons performing any of the Work.
5.2.4
The Contractor and each Subcontractor if appropriate shall have and maintain a State of
Texas Contractor’s license in good standing for the entire duration of the Contract
25
Time.
5.2.5
The Contractor shall at all times enforce good discipline and order among his
employees and Subcontractors and shall, at his own cost, provide the security necessary
to adequately protect the Work.
5.2.6
The Contractor shall at all times, and at his own cost, safely guard and protect the
Owner's property, the Work, and all property adjacent to the Project, from damage,
injury, or loss in connection with the Project and shall replace or make good any such
damage, injury, or loss. The Contractor shall be responsible for the protection of
adjacent property and the maintenance of passageways, guard fences, and other
protective facilities.
5.2.7
The Contractor shall give all notices and shall comply with all laws, ordinances, rules,
orders, and regulations of all public authorities, relating to the performance of the
Work.
5.2.8
In the event of a temporary suspension of work, and/or during inclement weather, the
Contractor shall protect, and shall cause his Subcontractors to protect his and their work
and materials against damage, injury, or loss. If any work or materials become
damaged, injured, or lost due to any cause, such work and materials shall be removed
and replaced at the expense of the Contractor.
5.3
SUPERINTENDENT
5.3.1
The Contractor shall employ a competent full-time superintendent and necessary
assistants who shall be in attendance at the Project site throughout the progress of the
Work. The superintendent and assistants shall be satisfactory to the Owner, and shall
not be changed except with the written consent of the Owner. The superintendent shall
represent the Contractor and have full authority to act on his behalf.
5.4
LABOR AND MATERIALS
5.4.1
Unless otherwise specifically stated in the Contract Documents, the Contractor shall
provide and pay for all labor, materials, tools, equipment, water, light, power, heat,
transportation, supervision, temporary construction services, procedures, and facilities
of every nature required to properly execute and complete the Work in accordance with
the Contract Documents. All materials shall be installed in strict compliance with the
Contract Documents and the recommendations of the manufacturer.
5.4.2
In any case where the manufacturer’s installation instructions conflict with the Contract
Documents the Contractor shall bring such conflict to the attention of the Owner and
the Architect prior to installing the associated materials or equipment, such that the
Owner and the Architect may provide direction for an appropriate resolution to the
identified conflict. Should the Contractor proceed with installing any materials or
equipment in a manner contrary to the manufacturer’s instructions without first
notifying the Owner and the Architect, the Contractor shall remove and reinstall the
26
materials or equipment in accordance with the manufacturer’s instructions at no cost to
the Owner.
5.4.3
The Contractor shall not employ or contract with any firm or organization that is unfit
or unskilled in the work to be performed. The Contractor shall not discriminate or allow
discrimination against any employee or applicant for employment because of sex, race,
color, creed, or national origin. The Contractor shall comply with and shall require his
Subcontractors to comply with all applicable provisions of State of Texas rules and
regulations.
5.4.4
As required by State of Texas, the Contractor shall ensure that all employees on the
Project are paid in accordance with the Prevailing Wage Rates as published in the
Contract Documents and as adopted by FBISD Board of Trustees. The Contractor shall
forfeit, by deductive Change Order, the applicable amounts should the Contractor fail
to comply with any of the applicable prevailing wage rate requirements.
5.4.5
All work performed after regular working hours, on weekends or legal holidays, shall
be performed without additional expense to the Owner.
5.4.6
Unless otherwise specifically required, all materials and equipment incorporated in the
Work shall be new, free of faults and defects, and shall conform to the Contract
Documents. If required, the Contractor shall furnish evidence, satisfactory to the
Owner, as to the type and quality of all materials and equipment.
5.4.7
No materials or equipment for the Work shall be purchased by the Contractor, nor shall
he permit any Subcontractor to purchase materials or equipment, that are subject to any
chattel mortgage, or are under a conditional sale contract or other security agreement by
which any right, title, or interest is retained by the seller.
5.4.8
All materials and equipment used in the Work shall be subject to inspection and testing
in accordance with accepted standards to ensure conformity with the requirements of
the Contract Documents, laws, ordinances, rules and regulations, or orders of any
public authority having jurisdiction. Where specific certificates concerning materials
and/or equipment are required, securing payment for the prompt delivery of such
certificates shall be the responsibility of the Contractor. Such certificates shall be
executed by qualified firms acceptable to the Owner, shall include all information
required by the Contract Documents, and shall clearly refer specifically to the relevant
materials and/or equipment.
5.5
TEMPORARY UTILITIES, HEATING, AND COOLING
5.5.1
The Contractor shall be solely responsible for providing all necessary temporary
utilities. The Contractor shall pay all costs related thereto, including, but not limited to,
applications, fees, permits, engineering, and any other costs as may be required to
acquire temporary utilities. The Owner will not be responsible for any delays or costs
related to obtaining temporary utilities. Unless otherwise agreed to by the parties in
writing, the Contractor shall be solely responsible for all necessary dry and wet utilities
until the project is deemed substantially complete. The Contractor shall coordinate
transfer of utilities in Owner’s name immediately upon substantial completion. The
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Owner shall be responsible for such temporary utilities for any renovation work to be
undertaken inside of an existing building or school.
5.5.2
Temporary utilities may be connected to the Owner's existing metered utilities only
with the Owner's and utility company's written authorization. The Owner may request
connection to the Owner's existing utilities to be separately metered to allow for proper
allocation of utility costs, unless another arrangement is specifically agreed to and
authorized by the Owner in writing. Temporary meters shall be removed upon
completion of the Work.
5.5.3
The Contractor shall be solely responsible for providing temporary heating, cooling,
and/or ventilation as required to prevent degradation or damage to the Work. The
permanent heating, cooling, and air handling systems shall not be utilized for the
purpose of temporary heating, cooling, or ventilation until the Owner approves of such
use in writing. In no case shall the permanent heating, cooling, or air handling systems
be operated until they are complete, including formal start-up, check-out, and testing
and balancing. Utilization of any of the permanent heating, cooling, or air handling
systems prior to Substantial Completion shall not impact the specified warranty for
such equipment which shall begin on the date of Substantial Completion in accordance
with Section 3.4 of these General Conditions.
5.6
EMERGENCIES
5.6.1
In case of an emergency which threatens loss or damage to property, personal injury, or
life safety, the Contractor shall immediately take all feasible actions to prevent or
mitigate such loss, damage, injury or death, without awaiting instructions from the
Owner or the Architect. The Contractor shall notify the Owner and the Architect in
writing of such emergency at the first feasible opportunity.
5.6.2
The amount of reimbursement claimed by the Contractor on account of any emergency
action shall be determined in the manner provided herein for claims.
5.6.3
The Contractor shall maintain a current emergency telephone number list at the job site.
The list shall include telephone numbers for the Contractor’s superintendent and for
other responsible Contractor representatives that can be contacted after normal working
hours in the event of an emergency. This list shall be prominently posted both inside
and outside of the Contractor's field office.
5.7
CONSTRUCTION SCHEDULE
5.7.1
Within 14 days after issuance of the Notice to Proceed or an Intent to Award letter,
whichever is issued first, and prior to submitting any progress payment application, the
Contractor shall submit a construction schedule to the Owner and the Architect for
review. The schedule shall not exceed the Contract Time, shall be revised at appropriate
intervals as required by the progress and conditions of the Work, and shall provide for
performance and completion of the Project in accordance with the Contract Documents.
5.7.2
The construction schedule shall be organized to show progress for each trade and
operation. As a minimum, the schedule shall show the order in which the Contractor
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proposes to perform the Work, with the proposed starting and completion dates, and
with available float for each activity of the Work. Activities which constitute critical
path portions of the Work shall be clearly identified as such. The schedule shall include
line items for submittal preparation, submittal review, re-submittal preparation, resubmittal review, and procurement, fabrication, and delivery of materials and
equipment. The schedule shall allow for reasonable and orderly issuance of all required
submittals to the Architect. The schedule shall be promptly updated as necessary to
reflect the work required to implement each change order and/or change in the Work.
5.7.3
The construction schedule shall include scheduling line items required for HVAC,
Electrical and other Systems commissioning as applicable to the project.
5.7.4
For projects with a Contract Sum of $10,000,000 or greater, the Contractor shall utilize
Primavera Software (P6 Version 7.0 or later) to create and manage the construction
schedule. Submitted schedules and associated data shall be provided in both hard copy
and electronic file format. Upon written request by the Owner, the Contractor shall
provide prompt responses to any questions regarding reasons or causes for changes to
the construction schedule.
5.7.5
For projects with a Contract Sum of $10,000,000 or greater, the Contractor shall
coordinate and attend a Schedule Coordination Meeting. The meeting shall include
appropriate representatives from the Contractor and the Owner and shall include review
and discussion of all scheduling requirements and/or concerns. The Schedule
Coordination Meeting shall take place as soon as possible after the Notice to Proceed is
issued.
5.7.6
The Contractor shall submit a current/updated construction schedule with each Progress
Payment Application. Failure by the Contractor to provide a current construction
schedule shall be justification for the Owner to withhold approval or reduce the amount
of the payment due the Contractor.
5.7.7
In the event of any failure to adhere to the construction schedule the Contractor shall,
within 7 days of written notice from the Owner, provide a recovery schedule for review
by the Owner and the Architect. The recovery schedule shall identify how the
Contractor proposes, at his sole expense, to overcome the associated delays and
complete the Work within the Contract Time. Such notice from the Owner shall not
constitute either actual or implied direction for the Contractor to accelerate the Work.
5.8
CONSTRUCTION PROGRESS MEETINGS
5.8.1
The Contractor shall attend a weekly coordination meeting at the Project site, to be
attended by the Contractor's Project Manager and Superintendent, the Architect, the
Owner's designated representatives, and appropriate Subcontractors. Such meetings
may be scheduled at less frequent intervals, if agreed upon in writing by the Owner and
the Contractor. The Contractor shall furnish a three (3) week look ahead at each
progress meeting.
5.8.2
The Architect will conduct the job-site construction progress meetings and will prepare
and distribute typed meeting minutes for each such meeting. The Owner’s project
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representative may conduct the meetings in the absence of the Architect.
5.9
PROGRESS PHOTOGRAPHS
5.9.1
The Contractor shall take not less than twelve progress photographs of the Work each
month at a minimum resolution of 640 by 480 pixels. The photographs shall be taken
with the intent of providing a clear and complete depiction of overall Project progress.
Each photograph is to be clearly marked with the time, date, location/view and other
details sufficient to identify the subject. Camera view/locations shall be coordinated
with and approved by the Owner or the Architect. Progress photos shall be stored on a
digital video disk (DVD disk) and issued to the Owner along with each progress
payment application.
5.10
TAXES, PERMITS, FEES, AND NOTICES
5.10.1
The Owner qualifies for exemption from State and Local Sales and Use Taxes pursuant
to the provision of Article 20.04(f) of the Texas Limited Sales, Excise and Use Tax
Act. Taxes normally levied on the purchase, rental and lease of materials, supplies and
equipment used or consumed in performance of the Contract shall be exempted by
issuing to suppliers an exemption certificate in lieu of tax. Failure by the Contractor or
Subcontractors to take advantage of the Owner’s exemption and to obtain such
exemption certificate shall make the Contractor responsible for paying taxes incurred
on materials furnished on the Project without additional cost to or reimbursement by the
Owner
5.10.2
The Contractor shall secure and pay for all construction-related building permits, fees,
and licenses necessary for the proper execution and completion of the Work, including,
but not limited to, dust control permits, storm water mitigation permits, and utility
inspection fees.
5.10.3
The Contractor shall give all notices and comply with all laws, ordinances, rules,
regulations, and orders of any public authority bearing on the Work and of the District.
If the Contractor discovers that any of the Contract Documents are at variance
therewith, he shall immediately notify the Owner and the Architect in writing. If the
Contractor performs any work which he knows or should have known to be contrary to
such laws, ordinances, rules, and regulations, or orders, without such written notice and
written instruction from the Owner or Architect, he shall assume full responsibility
therefore and shall bear all costs attributable thereto.
5.11
PROJECT SIGN
5.11.1
Upon commencing the Work the Contractor shall erect one painted project sign, 4 feet
by 8 feet, in the format directed by the Owner. This sign shall be the only Contractor
sign displayed on the Project site. Alternately, the Owner may choose to provide
existing bond/project signs as deemed appropriate. The Contractor is responsible for
any permit fees associated with project sign.
5.12
ACCESS ROADS
5.12.1
The Contractor shall use designated access roads as directed by the Owner, and the
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Contractor shall keep these roads passable at all times. The Contractor shall be entirely
responsible for any damage to roads, trees, shrubs, gates, fences, grass, curbs, gutters,
and driveways due to construction usage. All damaged portions shall be restored by the
Contractor, at his own cost, to the same condition as existed before the commencement
of the Work.
5.12.2
Dirt roads shall be periodically sprinkled with water when dust conditions create an on
site or off site hazard or nuisance to workmen, neighboring properties, or the public in
general as per the requirements of Authority of having Jurisdiction. The Contractor
shall secure and pay for any dust control permits required by State or local jurisdictions.
5.13
CONTRACTOR'S FIELD OFFICE
5.13.1
For new schools and ancillary buildings, the Contractor shall provide on the site a
temporary field office for his own use (and for use by the Owner, Architect and others
as required or appropriate). If required, the placement of such field office shall be
placed per the Construction staging plan included in the contract documents. The
Contractor's field office shall be adequate and appropriate for the project size and type:
A. A minimum of 120 square feet of floor area and as appropriate to facilitate the
required job site meetings.
B. Outside door with security lock.
C. Minimum of four duplex electrical receptacles.
D. Adequate light fixtures and lamps (as necessary to provide a minimum of 50 footcandles at the desktop and plan table).
E. Telephone line (land or wireless).
F. Heating, ventilation, and air conditioning provisions as necessary to maintain an
indoor temperature of 72°F.
G. Plan rack.
H. Plan table (3 feet x 6 feet minimum size).
I.
Four-drawer file cabinet.
J.
First aid kit.
K. Computer data/network connection (with high speed Internet access).
L. Conference table and chairs as necessary to accommodate the required
construction progress meetings.
M. Multi-function printer (with print, copy, and scan capabilities).
N. Bottled water dispenser (with refill service for the duration of the project).
O. Additional hard hats for use by the Owner, Architect, and Campus
Administration.
P. Weather proof surface access to trailer from parking area
5.13.2
The Contractor shall pay the cost of all utilities, including telephone and janitorial
service, as required for the maintenance of the Contractor’s field office until the
completion of the Project.
5.13.3
The Contractor’s field office shall remain the property of the Contractor, and shall be
completely removed at the completion of the Project.
5.14
OWNER'S FIELD OFFICE
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5.14.1
For new schools and ancillary buildings, the Contractor may be required to provide on
the site a temporary field office for the sole use of the Owner. If required, the
placement of such field office shall be placed per the Construction staging plan
included in the contract documents. The Owner's field office shall contain as a
minimum:
A. A minimum of 120 square feet of floor area.
B. Outside door with security lock.
C. Minimum of four duplex electrical receptacles.
D. Adequate light fixtures and lamps (as necessary to provide a minimum of 50 footcandles at the desktop and plan table).
E. Telephone line (in areas with poor cell phone coverage).
F. Heating, ventilation, and air conditioning provisions as necessary to maintain an
indoor temperature of 72°F.
G. Plan rack.
H. Plan table (3 feet x 6 feet minimum size).
I.
Four-drawer file cabinet.
J.
First aid kit.
K. Computer data/network connection (with Internet access).
L. Flat top double pedestal desk with drawers and cushioned chair.
M. Multi-function printer (with print, copy, and scan capabilities).
N. Bottled water dispenser (with refill service for the duration of the project).
5.14.2
The Contractor shall pay the cost of all utilities, including telephone and janitorial
service, as required for the maintenance of the Owner’s field office until the completion
of the Project.
5.14.3
The Owner’s field office shall remain the property of the Contractor, and shall be
completely removed at the completion of the Project.
5.15
TOILET FACILITIES
5.15.1
The Contractor shall provide and maintain in a clean and sanitary condition in a
weatherproof building satisfactory toilet accommodations for all workmen and for use
by the Owner’s representatives. Minimum toilet accommodations shall consist of a
frost-proof chemical toilet or water closet with urinal. Temporary or portable toilet
accommodations shall be completely removed upon completion of the Project.
5.16
CONSTRUCTION SURVEYS
5.16.1
Unless otherwise expressly provided for in the Contract Documents, the Contractor
shall furnish and pay for all construction surveys necessary for execution of the Work
or required by the Contract Documents. The Contractor shall furnish and pay any
required elevation certificates as required by the Authority Having Jurisdiction.
5.17
ARCHAEOLOGICAL FINDINGS
5.17.1
Any historic, prehistoric, archeological evidence, or artifacts discovered on the site
shall remain undisturbed and shall be reported immediately to the Owner in writing.
Any such findings are the property of the Owner, and shall be processed in accordance
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with State Laws.
5.18
SUBSURFACE CONDITIONS
5.18.1
Should the Contractor encounter subsurface or hidden conditions at the site materially
differing from those indicated in the Contract Documents, he shall immediately give
written notice to the Owner and the Architect of such conditions before they are
disturbed. The Architect will investigate the conditions, and if he finds that they
materially differ, he will, after consultation with the Owner, make such changes in the
Contract Documents as he may deem necessary. Any increase or decrease in cost
resulting from such changes will be adjusted by Change Order.
5.18.2
The Contractor shall perform all work in strict conformance with the current 'Call
Before You Dig' program applicable at the location of the Project.
5.19
PATENTS AND ROYALTIES
5.19.1
To the fullest extent permitted by law, the Contractor shall defend and hold harmless
the Owner and his officers, agents, and employees harmless from liability of any nature
or kind, including cost and expenses for, or on account of claimed infringement of any
patented or unpatented invention, process, article, or appliance manufactured or used in
the performance of the Work, including its use by the Owner, unless otherwise
specifically stipulated in the Contract Documents. If the Contractor uses any design,
device, or materials covered by letters, patent, or copyright, he shall provide for such
use by suitable agreement with the owner of such patented or copyrighted design,
device, or material. It is mutually agreed and understood, that the Contract Sum
includes all royalties or costs arising from the use of any such design, device, or
materials in the performance of the Work.
5.20
MATERIALS TESTING
5.20.1
Testing of construction materials as required by contract documents shall be carried out
by the Owner unless otherwise required in the Contract Documents. The Owner shall
select the testing laboratory or inspection agency to carry out this work. The purpose of
such testing is to verify conformity of materials and/or equipment with the Contract
Documents. Where tests indicate conformity, costs of testing will be paid by the
Owner; where tests indicate non-conformance, costs of re-testing will be paid by the
Contractor directly to testing laboratory or to Owner via a deductive Change Order.
5.20.2
If special inspection or testing requirements are established by any of the Contract
Documents, performance of and payment for such inspection or testing shall be as
specifically stated therein. If the manner of payment is not specified or if there is no
mention of such inspection or testing in the Contract Documents, but such inspection is
judged necessary by the Owner, then the Owner shall pay the cost thereof. The
Contractor shall cooperate toward minimizing the cost of such inspection and testing.
5.20.3
All testing and inspection carried out by the Owner is for the benefit of the Owner and
not the Contractor. Lack of performance or failure on the part of any testing laboratory
or inspection agency retained by the Owner shall not relieve the Contractor of his
33
responsibility to complete the Work in accordance with the Contract Documents.
5.21
OPERATION AND MAINTENANCE MANUALS
5.21.1
Thirty (30) days prior to substantial completion of the Project, the Contractor shall
submit to the Architect, a sample of each Operation and Maintenance Manual for
equipment and/or materials incorporated into the Work. Upon approval by the
Architect, the Contractor shall furnish to the Owner, two (2) bound and indexed copies
of the approved Operation and Maintenance Manuals and a Compact Disc (CD)
containing PDF files of such Manuals. Operation and Maintenance Manuals shall be
incorporated into three-ring binders with a typed index and tabbing as necessary for
identification of all appropriate sections. CD files shall be organized in folders and
files named similar to that of the organization of the three ring binders.
5.22
CORRECTION OF WORK
5.22.1
If any work is covered prior to either a specified or a requested inspection, the
Contractor shall uncover the work for observation and if found to be defective or nonconforming shall replace the work at no cost to the Owner.
5.22.2
If any work has been covered which the Owner or the Architect has not specifically
requested to observe prior to being covered, the Owner may request to see such work
and it shall be uncovered by the Contractor. If the uncovered work is found to be in
accordance with the Contract Documents, the cost of uncovering and replacement shall,
by appropriate Change Order, be charged to the Owner. If the uncovered work is not in
accordance with the Contract Documents, the Contractor shall pay such costs.
5.22.3
The Contractor shall promptly correct all work rejected as defective or as failing to
conform to the Contract Documents, whether observed before or after the Certificate of
Substantial Completion is issued, and whether or not fabricated, installed, or completed.
The Contractor shall bear all costs of correcting such rejected work, including, but not
limited to, the cost for additional professional services.
5.22.4
The Contractor shall bear all costs associated with making good all work of separate
contractors destroyed or damaged by removal or correction.
5.22.5
If the Contractor does not remove defective or non-conforming work immediately upon
written notice, the Owner may remove it and may store the materials or equipment at
the expense of the Contractor. If the Contractor does not pay the cost of such removal
and storage immediately upon written notice, the Owner may sell such work at auction
or at private sale to recover the related costs. If such proceeds do not cover all related
costs incurred by the Owner the difference shall be charged to the Contractor and an
appropriate Change Order shall be issued.
5.22.6
If the Contractor fails to correct defective or non-conforming work, the Owner may
correct it at the Contractor's expense in accordance with the Contract Documents.
5.22.7
If the Owner prefers to accept non-conforming work, he may do so instead of requiring
its removal or correction, in which case an appropriate reduction will be made to the
34
Contract Sum, or, if the amount is determined after final payment, such amount shall be
paid to the Owner by the Contractor immediately upon written notice.
5.22.8
All damage or loss to any property caused in whole or in part by the Contractor, any
Subcontractor, Sub-subcontractor, anyone directly or indirectly employed by any of
them, or by anyone for whose acts any of them may be liable, shall be remedied by the
Contractor, except damage or loss attributable to errors and/or omissions in the
Contract Documents.
5.23
SUBCONTRACTORS
5.23.1
After submitting the required Subcontractor information to the Owner, the Contractor
shall not contract with any other Subcontractor nor change Subcontractors without
proper justification and without the prior written approval of the Owner.
5.23.2
Should the Contractor decide for any reason to substitute a subcontractor for work that
he listed to be self-performed, the Contractor shall provide a written explanation of why
the subcontractor was not utilized in the original bid and why the substitution is in the
best interest of the District. The Owner reserves the right to either approve or deny such
requests.
5.23.3
If the Owner has a reasonable objection to any Subcontractor, and requests in writing a
change in Subcontractors, the Contractor shall submit an acceptable substitute, and the
Contract Sum may be increased or decreased by any reasonable costs directly caused by
such substitution.
5.23.4
The Contractor shall cause appropriate provisions to be inserted in all subcontracts
relative to the Work to bind Subcontractors to the Contractor by the terms of the
General Conditions and the other Contract Documents. These provisions shall include,
but shall not be limited to, the following:
A. Require that the Subcontractor’s work be performed in accordance with the
requirements of the Contract Documents and be guaranteed to be corrected for a
period of one year after the date of Substantial Completion, or as may be required
in the Contract Documents.
B. Require that the Subcontractor’s work be performed in accordance with the
Contractor’s construction schedule to ensure completion within the Contract
Time.
C. Require that all claims by the Subcontractor for additional costs or extensions of
time with respect to subcontracted portions of the Work shall be submitted to the
Contractor in the time and manner provided in the Contract Documents for like
claims by the Contractor upon the Owner.
5.23.5
The Contractor shall pay each Subcontractor, within 10 calendar days after receipt of
payment from the Owner, an amount equal to the percentage of completion allowed to
the Contractor on account of each Subcontractor's work, in accordance with Texas law.
The Contractor’s failure to make timely payments to the Subcontractors shall be
grounds for termination under Section 3.11.1. The Contractor shall also require that
each Subcontractor make similar payments to each Sub-subcontractor, in accordance
35
with Texas law.
5.23.6
The Contractor shall be as fully responsible to the Owner for the acts and omissions of
his Subcontractors, and of persons either directly or indirectly employed by them, as he
is for the acts and omissions of the persons directly employed by him.
5.23.7
The Contractor shall be responsible for the proper distribution of all insurance
recoveries resulting from an insured loss under the Contract.
5.23.8
The Owner may upon request, furnish to any Subcontractor or supplier, information
regarding payments to the Contractor on account of work done by such Subcontractor
or supplier.
5.23.9
Neither the Owner nor the Architect shall have any obligation to pay or to see to the
payment of any monies to any Subcontractor, workman, or supplier, except as may
otherwise be required by law.
5.24
JOB SAFETY
5.24.1
The Contractor shall be responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with the Work.
5.24.2
All work shall be performed in strict accordance with the most current edition of the
State of Texas Occupational Safety and Health Standards and OSHA Standards.
5.24.3
The Contractor shall take all necessary precautions for the safety of, and shall provide
all necessary protection to prevent damage, injury or loss to:
A. All employees on the Project and all other persons who may be affected thereby;
B.
All of the Work, whether in storage on or off the site; and,
C.
All property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, and utilities.
5.24.4
The Contractor shall comply with all applicable laws, ordinances, rules, and regulations
of any public authority having jurisdiction for the safety of persons or property, or to
protect them from damage, injury, or loss. The Contractor shall erect and maintain, as
required by existing conditions and by the progress of the Work, all necessary
safeguards for safety and protection, including posting danger signs and other warnings
against hazards, promulgating safety regulations, and notifying owners and users of
adjacent properties.
5.24.5
The Contractor shall designate a responsible member of his organization at the site
whose duty shall be supervision of a safety program and the prevention of accidents.
This person shall be the Contractor's superintendent unless otherwise designated in
writing by the Contractor to the Owner.
5.24.6
In any emergency affecting the safety of persons or property, the Contractor shall act, at
his discretion, to prevent threatened damage, injury, or loss.
36
5.24.7
The Contractor shall be responsible for the safe operation of all equipment, for utilizing
safe construction methods, and for any damage which may result from failure or from
improper construction, maintenance, or operation.
5.24.8
The Contractor shall securely fence, barricade, cover, or otherwise adequately protect
all excavations, holes, shafts, or other hazards to guard against danger to persons or
animals and shall properly maintain such protection until the completion of the Project.
5.24.9
The Contractor shall immediately notify the Owner, and shall take immediate action to
prevent damage, injury or loss, should any suspected hazardous materials be
encountered during the course of work on the Project.
5.25
SITE MANAGEMENT AND CLEANUP PROCEDURES
5.25.1
The Contractor shall confine operations at the site to areas permitted by law, ordinances,
permits, and the Contract Documents, and shall not unreasonably encumber the site.
The Contractor shall at all times keep the site and the Work free from accumulation of
waste materials and rubbish resulting from his operations.
5.25.2
The Contractor shall obtain any required dust control permit and shall implement a dust
control program prior to beginning any activity at the project site. The Contractor’s dust
control program shall comply with all applicable state and local requirements. As a
minimum, the Contractor shall periodically sprinkle the entire construction site with
water as required to prevent blowing dust from becoming a hazard or nuisance to
workmen, neighboring properties, or the public.
5.25.3
The Contractor shall develop and implement a stormwater pollution prevention plan
(SWPPP) complying with the most current version of the federal Environmental
Protection Agency Construction General Permit, or with applicable state or local
stormwater pollution prevention requirements, whichever is more stringent.
5.25.4
Upon completion of the Work the Contractor shall remove all waste materials, rubbish,
tools, construction equipment and machinery, and surplus materials from the Project
site. The Contractor shall clean all surfaces and leave the Work in a finished, cleaned,
washed, waxed, and polished condition. The aforementioned cleanup requirements are
also specifically applicable to all mechanical equipment and to all mechanical
equipment rooms.
5.26
ROOFING INSTALLATION AND PROTECTION
5.26.1
No work including staging or access to other portions of the Work shall be permitted on
the finished membrane.
5.26.2
All roofing work shall commence at the furthest point from worker access and progress
back towards the access point.
5.26.3
If staging, access, or work is required on the finished membrane, the Contractor shall
provide protection along the access path and under the work extending 48" beyond the
37
required work area. Protection shall consist of 3/4" plywood over a heavy canvas tarp
with sand bag ballasts as required to prevent the plywood from becoming airborne
during strong winds.
5.27
QUALITY ASSURANCE/QUALITY CONTROL
5.27.1
The Contractor shall develop and implement an appropriate quality assurance/quality
control program for the Project. A detailed description of the program shall be
furnished to the Owner and the Architect for review prior to submitting the first
progress payment application.
SECTION 6
THE ARCHITECT
6.1
ARCHITECT'S RESPONSIBILITIES
6.1.1
The Architect will provide construction administration services for the duration of the
Project. The Architect is the Owner's representative and will advise and consult with
the Owner for the entire duration of the Project.
6.1.2
The Architect will be the interpreter of the Drawings and Specifications and will render
interpretations as may be necessary for proper execution of the Work.
6.1.3
The Architect will review and respond to all Requests for Information issued by the
Contractor within the time period stipulated in Section 2.3.
6.1.4
The Architect shall have complete access to the Work at all times.
6.1.5
The Architect will make periodic visits to the site to observe the progress and quality of
the Work and to determine generally if the Work is proceeding in accordance with the
Contract Documents.
6.1.6
The Architect will review all shop drawings, samples, and submittals required by the
Contract Documents.
6.1.7
The Architect will not be responsible for the acts or omissions of the Contractor or any
Subcontractor, or any of his or their agents or employees, or any other persons
performing any of the Work.
6.1.8
Based upon site observations and the Contractor's progress payment applications, the
Architect will review and make recommendations to the Owner, regarding the amounts
claimed by the Contractor in each progress payment application.
6.1.9
The Architect will have authority to reject work which does not conform to the
Contract Documents.
6.1.10
The Architect will prepare Allowance Expenditure Authorizations and Change Orders
(on a format provided by the Owner) for review and approval by the Owner.
38
6.1.11
The Architect will have authority to order minor changes in the Work which do not
involve a change in the Contract Sum or the Contract Time.
6.1.12
The Architect shall attend and conduct all scheduled construction progress meetings at
the Project site.
6.1.13
The Architect's decisions on matters relating to aesthetics will be final if consistent with
the intent expressed in the Contract Documents.
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SECTION 7
PAYMENT
7.1
SCHEDULE OF VALUES
7.1.1
Within 14 calendar days after the issuance of the Notice to Proceed, the Contractor
shall submit to the Owner and the Architect a schedule of values of the various portions
of the Work, aggregating to the total Contract Sum, divided to facilitate payments to
Subcontractors, prepared in a form acceptable to the Owner, and supported by such data
to substantiate its correctness as the Owner may require. General Contractor’s general
conditions, insurance, bond costs, allowances and contingencies shall be separately
itemized. This schedule, when approved by the Owner and the Architect, shall be the
basis for each Progress Payment Application.
7.2
PROGRESS PAYMENT APPLICATIONS
7.2.1
The Contractor shall submit a Progress Payment Application not more than once each
month in the form provided by the Owner. Each Progress Payment Application shall be
accompanied by a current project schedule and a CD with photographs to reflect the
current status of project. Each payment applicable shall be updated to reflect all
allowance authorizations and/or change orders.
7.2.2
Each Progress Payment Application shall correctly set forth the value of all Work
satisfactorily performed to date, less 5% of that amount as a retained percentage. In no
event will the Contractor be paid more than the listed value of each properly completed
portion of the Work, less the required retention, until the entire Work has been
successfully completed.
7.2.3
If payment is requested for materials or equipment not yet incorporated in the Work,
but delivered and properly stored at the site or at a bonded and insured facility
previously approved by the Owner in writing, such payment shall be conditioned upon
submission by the Contractor of documentation, satisfactory to the Owner as deemed
necessary to protect the Owner's interest, including photographs and evidence of
applicable insurance. The risk of loss for such materials or equipment shall remain with
the Contractor until final completion and acceptance of the Work.
7.2.4
The Contractor guarantees that title to all work, materials, and equipment covered by a
Progress Payment Application, whether incorporated into the Project or not, has passed
to the Owner prior to issuing the Progress Payment Application, free and clear of all
liens, claims, security interests, or encumbrances, and that no work, materials, or
equipment covered by a Progress Payment Application has been acquired by the
Contractor, or by any other person, subject to an agreement under which an interest
therein, or an encumbrance thereon is retained by the seller or otherwise imposed by the
Contractor or such other person. This provision shall not be construed to relieve the
Contractor of his sole responsibility for the care and protection of the Work, and to
restore all damages thereto, nor shall serve as a waiver of the right of the Owner to
require the fulfillment of all terms of the Contract Documents.
7.2.5
Within 7 days of receipt of each Progress Payment Application, the Owner and the
Architect will either approve the Progress Payment Application, modify the Progress
40
Payment Application for such amount as is determined to be properly due, or reject the
Progress Payment Application.
7.2.6
The Owner or the Architect may decline to approve any Progress Payment Application,
or, because of subsequently discovered evidence or subsequent inspections, may nullify
any part of a Progress Payment Application previously paid to such extent as may be
necessary to protect the Owner from loss based on any of the following grounds:
A. Defective work not remedied.
B.
Claims filed or reasonable evidence indicating the probable filing of claims.
C.
Reasonable doubt that the Work can be completed for the unpaid balance of the
Contract Sum.
Damage to a separate contractor.
D.
E.
F.
Reasonable indication that the Work will not be completed within the Contract
Time.
Unsatisfactory execution of the Work by the Contractor.
G.
Failure to maintain any insurance required by the Contract Documents.
H.
Any other breach of the Contract.
When the grounds for declining or revising any part of a Progress Payment Application
are removed payment shall be approved for the associated amount withheld.
7.2.7
If the Owner should fail to pay the Contractor within 30 calendar days after a Progress
Payment Application is received for payment by the Owner, then the Contractor may,
after ten (10) additional calendar days, give written notice to the Owner and stop the
Work until payment is received.
7.2.8
No payment by the Owner shall constitute an acceptance of any work not in accordance
with the Contract Documents, nor shall it relieve the Contractor of full responsibility
for correcting defective work or materials found at any time prior to completion of the
entire Work or during the warranty period.
7.3
FINAL PAYMENT
7.3.1
When the Owner has received satisfactory evidence that all claims and obligations of
the Contractor have been paid, discharged, or waived, the Owner will make final
payment to the Contractor of all monies retained on all properly completed and
accepted work.
7.3.2
As a condition of requesting or receiving final payment, the Contractor shall submit all
operation and maintenance manuals, as-built drawings, surety release, and other closeout documents as may be applicable under the Contract Documents.
7.3.3
Issuance of final payment shall constitute a waiver of all claims by the Owner except
those arising from any of the following:
A. Unsettled claims.
41
B.
Warranty issues.
C.
Faulty or defective work.
D.
Failure of the Work to comply with the requirements of the Contract Documents.
E.
Latent defects in the Work.
If any such claims remain unsatisfied after final payment is made, the Contractor shall
refund to the Owner all monies the Owner may be compelled to pay in discharging such
claims and any costs related thereto.
7.3.4
The acceptance by the Contractor of final payment shall constitute a full and complete
release to the Owner of all claims by, and all liability to, the Contractor for all things
done or furnished in connection with the Work.. No payment, final or otherwise, shall
operate to release the Contractor from any obligations under the Contract.
42
SECTION 8
INSURANCE AND BONDING
8.1
GENERAL REQUIREMENTS
8.1.1
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall, at his sole expense, procure, maintain, and keep in force the amounts
and types of insurance conforming to the minimum requirements set forth in the
contract documents, unless otherwise agreed to by the Owner in writing. The required
insurance coverage shall be procured before any work commences on the Project and
shall be maintained continuously in force at all times. If the Contractor fails to comply
with this Section, the Contractor shall be considered in default of the Contract. The
Owner shall be named as additional insured on all liability policies required in this
Section.
8.1.2
Without limiting any of the other obligations or liabilities of the Contractor, the
Contractor shall, at the Contractor's sole expense, cause each Subcontractor and each
Sub-subcontractor involved with the work of construction under the direction and
control of the Contractor for this contract, to procure, maintain, and keep continuously
in force, the amounts and types of insurance conforming to the minimum requirements
set forth in the contract documents, unless otherwise agreed to beforehand by the
Owner in writing. The required insurance coverage shall be procured before any work
commences on the Project and shall be maintained continuously in force at all times.
The required limits of insurance for Subcontractors shall be based on the value of their
portion of the Work as listed in the Subcontractor’s contract with the Contractor. If the
Contractor fails to comply with this Section, the Contractor shall be considered to be in
default of the Contract.
8.1.3
Unless specified herein or otherwise agreed to by the Owner, the required insurance
shall be in effect prior to the commencement of work by the Contractor and shall
continue in force for three (3) years following Substantial Completion.
8.1.4
As evidence of compliance with the insurance required by Section 8 (Insurance and
Bonding), the Contractor shall furnish the Owner with all certificates of insurance
(ACORD form 25-S or equivalent form approved by the Owner) prior to the award of
the contract. The Contractor shall maintain original copies of Subcontractor insurance
certificates for the duration of the Project and throughout the warranty period. Such
records shall be furnished to the Owner upon request. The certificates for each
insurance policy shall be signed by a person authorized by the insurer to bind coverage
on the insurer’s behalf. All certificates along with the required endorsements shall be
received and approved by the Owner before any work commences. The Owner’s
project number and project description shall be noted on each certificate of insurance.
Upon renewal of any of the listed policies the Owner shall be furnished with
replacement certificates immediately.
8.1.5
The Owner reserves the right to require and obtain complete, certified copies of any
insurance policies required by the Contract Documents at any time. Complete copies of
policies shall be furnished by the Contractor and by any Subcontractor or Subsubcontractor within 10 days after a written request is issued by the Owner. In lieu of a
required certificate of insurance the Contractor may furnish an original binder signed
43
by an authorized representative of the insurer(s) for a maximum of 60 days from the
date of inception of the associated policy(ies).
8.1.6
With respect only to the bonds required by Section 8.6 (Performance and Payment
Bonds), the Contractor shall furnish the Owner with properly executed bonds on forms
acceptable to the Owner and shall have affixed to each bond a certified copy of a
current power of attorney of the attorney-in-fact who executed the bond on behalf of
the Surety.
8.1.7
All insurance policies must be specifically endorsed to provide the Owner with 60 days
written notice of cancellation, non-renewal or restriction of coverage. Until such time
as the insurance is no longer required by the Owner, the Contractor shall provide the
Owner with renewal or replacement evidence of insurance in the manner described
herein no less than 30 days before the expiration or replacement of the required
insurance.
8.1.8
All insurance policies shall contain a waiver of subrogation against the Owner, the
Owner’s officers, agents and employees, and the Architect, the Architect’s officers,
agents and employees, for losses arising from the Work.
8.1.9
Insurers or sureties shall have and maintain throughout the period for which coverage is
required, an A.M. Best Company Rating of "A-" or better and an A.M. Best Company
Financial Size Category of "VII" or better, unless specifically waived by the Owner.
8.1.10
Insurers or sureties providing the insurance or providing the bonds required by this
Contract must be either:
A. Authorized by certificates of authority issued by the State of Texas Division of
Insurance; or
B. With respect only to the coverage required by Section 8.2 (Workers
Compensation), be authorized as a self-insurer under Texas School Law Bulletin.
8.1.11
The insurance provided by the Contractor and his Subcontractors pursuant to this
Contract shall apply on a primary basis and any other insurance or self-insurance
maintained by the Owner or an Owner's official, officer, agent or employee shall be in
excess of and not contributing to the insurance provided by or on behalf of the
Contractor. Coverage maintained by the Contractor or his Subcontractors shall apply
first, before any other insurance, on a primary basis, and without application of a
deductible or self-insured retention unless otherwise specifically agreed to by the
Owner. Such approval shall not relieve the Contractor from payment of any deductible
or self-insured retention.
8.1.12
If at any time during the period when insurance is required by the Contract, an insurer
or surety shall fail to comply with any of the foregoing minimum requirements, as soon
as the Contractor has knowledge of any such failure, the Contractor shall immediately
notify the Owner and immediately replace such insurance or bond with an insurer or
surety meeting the requirements.
8.1.13
Neither approval by the Owner nor failure to disapprove the insurance or bonds
44
furnished by the Contractor or his Subcontractors shall relieve the Contractor of the
Contractor's full responsibility to provide the insurance and bonds required by this
Contract. Further, compliance with the insurance and bond requirements of the Contract
shall not limit the liability of the Contractor or his Subcontractors, employees or agents
to the Owner or others, and shall be in addition to and not in lieu of any other remedy
available to the Owner under this Contract or otherwise, including, but not limited to,
the indemnity provisions stipulated in Subsection 3.15.
8.2
WORKERS COMPENSATION
8.2.1
The Contractor's workers compensation insurance shall comply with all statutory
requirements of the State of Texas. The Contractor's insurance or authorized selfinsurance shall cover the Contractor, and to the extent not otherwise insured, his
Subcontractors of every tier for those sources of liability which would be covered by
the standard Workers Compensation Policy as prescribed by Texas law and Employers
Liability coverage without restrictive endorsements.
8.3
COMMERCIAL GENERAL LIABILITY
8.3.1
The Contractor shall carry Commercial General Liability as per Exhibit A of the
Construction Contract.
8.4
COMMERCIAL AUTO LIABILITY
8.4.1
The Contractor's insurance shall cover the Contractor for bodily injury and property
damage as afforded under a standard commercial auto liability policy, including
coverage for liability contractually assumed. Coverage shall be provided for owned,
non-owned, and hired autos used in connection with this Contract.
8.4.2
The minimum limits to be maintained by the Contractor (inclusive of any amounts
provided by an umbrella or excess policy) shall be the amounts stated in the contract
documents.
8.5
PROPERTY INSURANCE
8.5.1
If the Contract includes construction of or additions to buildings or structures, the
Contractor shall provide all risk Builders Risk insurance. If the Contract includes both
construction of or additions to buildings or structures and the installation of machinery
or equipment, Builders Risk insurance shall include coverage during transit and during
post-installation testing. If the Contract is solely for the purpose of installation of
machinery or equipment in existing buildings or structures, the Contractor shall provide
an all risk Installation Floater including coverage during transit and during postinstallation testing.
8.5.2
For Builders Risk the amount of insurance is to be 100% of the completed value of
such addition(s), building(s) or structure(s), and recovery shall be based on completed
replacement value of the entire structure. In the case of a remodel or renovation project,
the replacement value shall be deemed to be $500,000.
45
8.5.3
The amount of insurance for an Installation Floater shall be 100% of the installed
replacement cost value, and recovery shall be based on the installed replacement cost.
8.5.4
The Builders Risk Policy or the Installation Floater must not be subject to any
limitation or exclusion of coverage because of occupancy of the building(s), addition(s)
or structure(s) in the course of construction or the putting to use of the machinery or
equipment. The policy must be endorsed to provide that, subject to the notice of
cancellation requirement, coverage will continue to apply until the Certificate of
Substantial Completion is issued by the Owner for the building(s), building addition(s)
or structure(s), or the machinery or equipment.
8.5.5
The Owner and the Architect shall be named on the policy as additional insured.
8.6
PERFORMANCE AND PAYMENT BONDS
8.6.1
If applicable to the Services and this Agreement, Contractor shall secure payment
and/or performance bonds in accordance with Section 2253.021 of the Texas
Government Code upon executing the contract.
8.7
REQUIRED LIMITS OF INSURANCE
8.7.1
The Contractor shall carry required insurances as stated in Exhibit A of the
Construction Contract.
END OF DOCUMENT
46
DESIGN AND CONSTRUCTION DEPARTMENT
2323 Texas Parkway
Missouri City, TX 77489
281-634-5590
Date: Month, Date and Year
Name of Company
Address
City, State and Zip
Re: NOTICE TO PROCEED
Name of Project at School Name
FBISD Project Number
Sir/Madam,
The agreement for this project has been executed by all parties and our office is in receipt of performance
bonds, payment bonds and applicable insurance certificates.
Your official starting date of construction for subject project has been established as Month, Date and
Year
The contract amount is $ (figures and words). In accordance with the contract documents, the contract
construction time is XXX calendar days. The substantial completion date for the construction portion of
the contract, therefore, shall be Month, Date and Year.
Any excess construction time required to comply with contract obligations shall be subject to the
provisions of the Owner-Contractor Agreement and its related documents.
Attached is your copy of the fully executed Owner-Contractor Agreement for your information and files.
Sincerely,
Name
Director of Design and Construction
Cc:
FBISD Project Files
FBISD Project Manager
Architect/Engineer
FBISD Legal Counsel
FBISD Purchasing Department
FBISD Risk Management
Other
FBISD CONSTRUCTION PROGRESS PAYMENT APPLICATION
Invoice No: 1
Project Name:
FBISD Project No.:
Name of Project
XXX
Contractor:
Address:
City, State, Zip:
Telephone No.:
NAME
Address
Date: XX-XX-2013
FBISD PO Number: XXXXX
CONTRACT TIME SUMMARY:
Notice to Proceed Date:
XX/XX/XXXX
Date of Substantial Completion (per contract):
XX/XX/XXXX
Original Contract Time:
Approved Time Extensions:
Total Contract Time:
Contract Time Used to Date:
0
0
0
0
Contract Time Remaining:
0 Days
Days
Days
Days
Days
Percent Contract Time Used to Date:
0%
Original Contract Amount:
Change Orders (Executed):
Current Contract Amount:
Total Completed to Date:
Less Retention (List %):
5.00%
Total Due Less Retention:
Less Previous Applications:
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total Amount Due This Application:
$0.00
PAYMENT APPLICATION SUMMARY:
Totals carried forward from attached
worksheets
Overall Project Completion Percentage on Date of This Application:
Certification: The Contractor hereby certifies that this is a true and correct statement of the Work status.
Contractor Signature:
Date:
Application Approvals
Architect/Engineer:
Date:
FBISD Project Manager:
Date:
FBISD Project Designer:
Date:
Required for Payment:
Approved For Payment by:
Director of Design & Const:
Date:
Other (as required at FBISD):
Accounting:
Date:
Funds Availability Verified:
Date:
Fund Code No.:
Receiving Number:
____________________________________
FORT BEND INDEPENDENT SCHOOL DISTRICT
0%
PROGRESS PAYMENT APPLICATION
Invoice No: 1
Project Name:
FBISD Project No.:
Name of Project
XXX
Contractor:
Address:
City, State, Zip:
Telephone No.:
NAME
Address
0
0
Date: XX-XX-2013
FBISD PO No: XXXXX
SCHEDULE OF VALUES
ORIGINAL CONTRACT WORK
Description of Work
or
Subcontractor Category
Contract
Amount
(A)
Previous
Applications
(B)
This
Application
(C)
Material
Purchases
(D)
Total
Completed
(B+C+D)
Percent
Completed
(%)
$0.00
0%
Original Contract Work Subtotals
$0.00
$0.00
$0.00
$0.00
$0.00
0%
Change Order Subtotals
$0.00
$0.00
$0.00
$0.00
$0.00
0%
Column Totals
$0.00
$0.00
$0.00
$0.00
$0.00
0%
FORT BEND INDEPENDENT SCHOOL DISTRICT
PROGRESS PAYMENT APPLICATION
Invoice No: 1
Project Name:
FBISD Project No.:
Name of Project
XXX
Contractor:
Address:
City, State, Zip:
Telephone No.:
NAME
Address
0
0
Date: XX-XX-2013
FBISD PO No.: XXXXX
SCHEDULE OF VALUES
CHANGE ORDERS & ALLOWANCE AUTHORIZATIONS
Work Description
Change Order
Number
(invoice only if executed)
Contract
Amount
(A)
Previous
Applications
(B)
Work Completed
This
Material
Application
Purchases
(C)
(D)
Allowance Authorization No 1
Allowance Authorization No 2
Allowance Authorization No 3
Total
Completed
(B+C+D)
Percent
Completed
(%)
$0.00
0%
$0.00
0%
Change Order No. 1
Change Order No. 2
Column Totals
$0.00
$0.00
$0.00
$0.00
FORT BEND INDEPENDENT SCHOOL DISTRICT
DESIGN AND CONSTRUCTION DEPARTMENT
2323 Texas Parkway
Missouri City, TX 77489
281-634-5590
CONSTRUCTION CHANGE ORDER
Change Order Number One (1)
Date of change order: Month, Day and Year
Project Identification:
Project Name:
Project Address:
FBISD Project Number:
Owner
Fort Bend Independent School District
2323 Texas Parkway
Missouri City, TX 77489
Ph: (281) 634-5590
Contractor
Name
Address
City State and Zip
Phone
The Contractor is hereby authorized to make the following changes to the scope of work for the
referenced project, subject to the provisions of the Contract Documents. Execution of this Change Order
shall be considered complete and final adjustment of the Contract Sum and the Contract Time, and
represents complete and final resolution of all matters related to, or arising out of, the Change Order. The
Contractor may not reserve the right to make further claims with regard to any executed Change Order.
Any attempt by the Contractor to reserve such a right shall be considered invalid and unenforceable. See
General Conditions Section 2.7 for other stipulations pertaining to change orders.
Item No. 1
Description:
□ Owner-Requested Change □ Campus-Requested Change
□ Consultant-Requested Change
□ Contractor-Requested Change
□ Unforeseen Condition
□ Other :________________________
Justification:
Increases/Decreases the contract time by: X Calendar days
Increases/Decreases the contract sum by: $XXX.XX
Item No. 2
Description:
□ Owner-Requested Change □ Campus-Requested Change
□ Consultant-Requested Change
□ Contractor-Requested Change
□ Unforeseen Condition
□ Other :________________________
Justification:
Increases/Decreases the contract time by: X Calendar days
Increases/Decreases the contract sum by: $XXX.XX
Item No. 3
Description:
□ Owner-Requested Change □ Campus-Requested Change
□ Consultant-Requested Change
□ Contractor-Requested Change
□ Unforeseen Condition
□ Other :________________________
Justification:
Increases/Decreases the contract time by: X Calendar days
Increases/Decreases the contract sum by: $XXX.XX
CHANGE ORDER SUMMARY
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Original Contract Amount
Total Cost of Prior Change Orders
Total Cost of This Change Order
Revised Contract Amount
Original Number of Calendar Days to Substantial Completion
Original Completion Date for Substantial Completion
Calendar Days added (or subtracted) by prior Change Orders
Calendar Days added (or subtracted) by this Change Order
Revised Number of Calendar Days to Substantial Completion
Revised date of Substantial Completion
ARCHITECT/ENGINEER
Name of the Firm
By:______________________________
Print Name: _______________________
Title: _____________________________
Date:_____________________________
CONTRACTOR
Name of Contractor
By:______________________________
Print Name: _______________________
Title: _____________________________
Date:_____________________________
$0.00
$0.00
$0.00
$0.00
XX Days
Month, Date, Year
XX Days
XX Days
XX Days
Month, Date, Year
OWNER
Fort Bend Independent School District
Board of Trustees or Cabinet Member
By:______________________________
Print Name: _______________________
Title: _____________________________
Date:_____________________________
FBISD INTERNAL USE ONLY
FBISD Project Manager (Signed as to Review only)
By:___________________________________ Date: _____________________
FBISD Director of Design and Construction (Signed as to Review only)
By: __________________________________ Date: ______________________
FBISD Design and Construction Accounting
(Activity codes and funds availability verified)
By: __________________________________ Date: ______________________
Cc:
FBISD Project Files
FBISD Project Manager
Architect/Engineer
Contractor
FBISD Legal Counsel
FBISD Purchasing Department
FBISD Risk Management
Other
DESIGN AND CONSTRUCTION DEPARTMENT
2323 Texas Parkway
Missouri City, TX 77489
281-634-5590
CERTIFICATE OF SUBSTANTIAL COMPLETION
Effective Date: Month, Date and Year
The work that has been performed under the terms and conditions of the Owner-Contractor Agreement
for:
Project Name:
FBISD Project Number:
Owner-Contractor Agreement Date: Month, Date and Year
Notice to Proceed Date:
Between the Fort Bend Independent School District (FBISD) hereinafter referred as “Owner”, and Name
of Contractor and address and hereinafter referred to as “Contractor” has been reviewed by the Owner
and has been found to be Substantially Complete.
ARTICLE 1
A list of items remaining to be completed or to be corrected in accordance with the terms and conditions
of the contract documents, is attached and incorporated by reference as part of this Certificate. This list
may not be all-inclusive and the failure to include any item on the list that has not been completed or that
has been incorrectly installed does not alter the responsibility of the Contractor to complete all the work in
accordance with the contract documents, including authorized changes thereto. The Contractor shall
address issues identified throughout the warranty phase in accordance with Section 3.6 of the General
Conditions.
ARTICLE 2
The Contractor agrees that he will within:
XX days
On or before: Month, date and year
From the date of this Certificate, correct all deficiencies and complete all work required, as detailed on the
list of punch list items and incomplete items, attached and made a part of this Certificate. Should such
deficiencies and punch lists are not complete within the allocated time, the Contractor agrees to pay the
Owner the sum of ____________________ per day as stated in Section 4 of the Owner-Contractor
Contract.
ARTICLE 3
The responsibility of the Contractor to provide air conditioning, heat and utilities as indicated in the
General Conditions shall cease on the date of Substantial Completion for the Project, or that portion of
the Project described in this Certificate, unless specifically indicated otherwise herein. All insurance
coverage shall be maintained in full force as required by the Contract Documents. The Contractor’s
General Liability Insurance and Completed Operations insurance shall remain in effect for a period of
three years following the date of Substantial Completion, as stipulated in the Contract Documents.
ARTICLE 4
The date of this Certificate of Substantial Completion shall be the beginning date of those warranties and
guarantees pertaining to the structure of building, or portions thereof, including installed mechanical and
electrical equipment to which this certificate applies.
ARTICLE 5
Liquidated damages shall cease to be assessed on the date of this Certificate, provided the Contractor
completes all work on or before the date stipulated herein.
In Witness Whereof, the parties hereto have caused this Certificate to be signed and intend to be legally
bound thereby.
REVIEWED AND ACCEPTED BY:
FBISD Project Manager:____________________
Print Name:________________________
Date:_____________________________
ARCHITECT/ENGINEER
Name of Architect/Engineer
By:______________________________
Print Name: _______________________
Title: _____________________________
Date:_____________________________
CONTRACTOR
Name of Contractor
By:______________________________
Print Name: _______________________
Title: _____________________________
Date:_____________________________
OWNER
Fort Bend Independent School District
Design and Construction Department
By:______________________________
Print Name: _______________________
Title: _____________________________
Date:_____________________________
Cc:
FBISD Project Files
FBISD Project Manager
Architect/Engineer
FBISD Legal Counsel
FBISD Purchasing Department
FBISD Risk Management
Other
Hightower High School Intercom Expansion
and Replacement
Fort Bend Independent School District
FBISD Project No. Bond 2007 #382
FBISD CSP No. 14-047 ML
Proposal Date: March 4, 2014
JSE Consulting Engineers, Inc.
16225 Park Ten Place, Suite 810
Houston, TX 77084
Tel: (281) 945-4545
Fax: (281) 945-4549
www.jse-engineers.com
Issued for Proposals and Construction: February 11, 2014
HIGHTOWER HIGH SCHOOL INTERCOM EXPANSION AND REPLACEMENT
Fort Bend Independent School District
JSE
1227
PROJECT MANUAL TABLE OF CONTENTS
SPECIFICATIONS
DIVISION 26
ELECTRICAL
SECTION 26 00 00
SECTION 26 05 00
SECTION 26 24 13
GENERAL ELECTRICAL
ELECTRICAL WIRING
WIRING DEVICES AND PANEL BOARDS
DIVISION 27
COMMUNICATIONS
SECTION 27 51 31
SOUND SYSTEM
7 PAGES
5 PAGES
1 PAGE
11 PAGES
Table of Contents Page 1
Project 1227
SECTION 26 00 00 - GENERAL ELECTRICAL
PART 1 - GENERAL
1.0
PROJECT SCOPE
A.
There is an existing Rauland Telecenter Sound Program Control system installed in the existing
school. The existing central equipment shall be removed and replaced with new equipment.
Existing wiring and speakers, unless specifically noted on the drawings, shall be reused and
reconnected to the new equipment. Prospective bidders must field verify existing wiring is
compatible with proposed system during bidding period, no allowance shall be made
consequently for any error through negligence in this regard. In designated areas, additional
speakers shall be provided to enhance audibility. Existing handsets shall be replaced with new
handsets where shown on floor plans. Existing clocks shall be replaced with new clocks at same
location, provide revised wiring back to new headend equipment as required. Provide new clocks
where shown on floor plans. Existing miscellaneous devices such as microphone outlets not
shown, shall remain and be reconnected to the new equipment.
B.
Provide new remote gateway in the field house to provide two-way communication to the main
building. Remove existing copper between the field house and main building and provide new 6strand fiber.
C.
Replace all intercom cabling used to service temporary buildings. Provide surge suppressors for
all speaker and phone lines where cable enters the main building AND at the temporary building.
D.
Under Alternate #1 remove existing Performance Gym local sound system rack and provide new.
All existing wiring, speakers, outlets, etc. shall remain and be reconnected to new system.
Reference specification section 27 51 23 paragraph 2.3.
E.
An audit has been performed of the existing system and will be made available upon request.
1.1
A.
1.2
A.
1.3
A.
RELATED DOCUMENTS
The General Provisions of the Contract, including General, Supplementary and Special
Conditions, apply to the work specified in this Section.
GENERAL REQUIREMENTS
Provide all supervision, labor, equipment and materials required for the installation of complete
and operating electrical systems in the building. Pay all fees and obtain all permits related to
construction activities and utility service installation.
GUARANTEE
All materials, apparatus and equipment furnished and installed under this Section of these
Specifications shall be new and free from any defects when accepted by the Owner and shall be
guaranteed in writing for a period of one year from the date of acceptance by the Owner.
26 00 00 General Electrical Page 1
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1.4
COORDINATION
A.
Coordinate work of this Division with that of other Divisions so that various components of the
building will be installed at the proper time, will fit the available space and will allow proper
service access to those items requiring maintenance. This means adequate access to all
equipment, not just equipment installed in this Section.
B.
Where various items of equipment and materials are specified and scheduled, the purpose is to
define the general type and quality level, not to set forth the exact trim required to fit the various
types of ceiling, wall or floor finishes. Provide materials which will fit properly the types of finishes
actually installed.
1.5
DRAWINGS
A.
The drawings indicate approximate locations of the various items of electrical systems. These
items are shown approximately to scale and attempt to show how these items should be
integrated with building construction. Locate all the various items by on-the-job measurements,
conformance with Contract Documents and cooperation with other trades.
B.
Prior to locating light fixtures, confer with Architect as to desired method of locating fixtures in the
various areas. In no case should fixture locations be determined by scaling drawings.
C.
All light fixtures, speakers and other ceiling devices shall be located to conform to the ceiling grid
system. Examine all drawings to become familiar with this requirement. Lighting fixtures in
mechanical spaces are shown in their approximate location only. Do not install light fixtures until
mechanical piping and ductwork is installed, then install lights in a location to provide best lighting.
D.
In certain instances, the Owner may require relocation of outlets, switches, etc. Where relocation
is within five feet of location shown on drawings, and when Contractor is informed of necessary
relocation before work is begun on this portion of the job, no extra compensation will be allowed.
E.
The drawings are schematic in nature and are not intended to show exact locations of conduit,
but rather to indicate distribution, circuitry and control.
1.6
A.
1.7
A.
INTENT OF DRAWINGS AND SPECIFICATIONS
The drawings and specifications are intended to be complimentary. Any work exhibited in either
of them, whether in the other or not, is to be executed according to the true intent and meaning
thereof, the same as if set forth in all.
ALTERNATES
Determine the scope of each specified alternate proposal by carefully reading all Divisions of the
Documents. The Bid Form contains information explaining the extent of the construction to be
performed under a specific alternate. Alternate proposals, which are not predominantly electrical
in scope, are described in other Divisions of these Documents.
26 00 00 General Electrical Page 2
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1.8
A.
1.9
A.
1.10
CODES
All materials and their installation shall be in accordance with the National Electrical Code
(NEC 2006), local building codes and the National Safety Code. Nothing in the plans and
specifications shall be construed to permit work not conforming to the most stringent of the codes.
Particular attention shall be paid to the U. L. codes for fireproofing of conduit, electrical devices
and light fixtures that are part of or pass through fire rated ceilings, walls and floors.
VISITING THE SITE
The Contractor shall be familiar with the Drawings and Specifications and shall have examined
the premises and understand the conditions under which he will be obligated to operate in
performing the contract. No allowance shall be made consequently for any error through
negligence in this regard.
GENERAL REQUIREMENTS FOR ALL MATERIALS
A.
Provide all parts and accessories necessary for equipment and complete installation.
B.
Provide factory applied finish on all exterior surfaces of electrical equipment. Any item which has
the finish marred must be refinished to a new condition before final acceptance.
C.
Provide three copies of spare parts lists and operating and maintenance instructions for all
distribution apparatus, major equipment and auxiliary systems. These shall be bound in folders
with suitable identification on front cover. Deliver to Architect prior to final acceptance.
D.
All materials must be new and of good quality and shall bear the stamp of approval of the
Underwriters' Laboratories, Inc. (U. L.). Equipment and materials shall be used and installed
consistent with the U. L. testing and U. L. requirements. All materials shall be certified to not
contain any asbestos, PCB's or other material banned by the Environmental Protection Agency.
1.11
SUBMITTALS
A.
The purpose of these submittals is to attempt to aid the contractor in such a manner that
improper or unacceptable materials are not delivered to or installed on the job. Approval of these
submittals shall not be construed as releasing The Contractor from compliance with the Contract
Documents. All materials and equipment shall be subject to final acceptance by the Engineer at
completion of construction.
B.
Equipment and material submittals must show sufficient data to indicate complete compliance
with contract documents as follows:
1.
2.
3.
4.
C.
Proper sizes and capacities.
That the item will fit in the available space in a manner that will allow proper service.
Construction methods, materials and finishes.
Where equipment and material has related to meeting the building CHIPS (Collaborative for
High Performance Schools) Requirements, submittal shall indicated compliance with the
respective CHIPS criteria.
Catalog data must be clearly marked to indicate the item or model number being submitted and
must include all specified accessories. All information on a catalog sheet not pertaining to the
item being submitted must be marked out.
26 00 00 General Electrical Page 3
Project 1227
D.
All submittals must be bound in book form with a table of contents listing all items in that specific
submittal. Loose catalog sheets or drawings will not be acceptable. All submittals on the project
need not be submitted in one book. The front sheet of each copy of the submittal shall have the
following typed information:
1.
2.
3.
4.
5.
Job name and location.
General Contractor's name, address, Project Manager's name and telephone number.
Submitting Sub-contractor's name, address, Project Manager's name and telephone
number.
Supplier's company name, address, salesman's name and telephone number.
Signature of an officer or attorney-in-fact of the Sub-contractor with date and title and a
statement that the submittal materials and equipment complies with the contract Documents.
Any submittal without all of the above information will be rejected without review.
E.
For any item to be installed in or on a finished surface (such as tee bar acoustical ceiling, plaster
wall), Contractor certifies by making the submittal that he has checked all applicable contract
Documents and that the item submitted is compatible with the surface finish on which it is to be
installed.
F.
Submit shop drawings and/or brochures for:
Sound Systems
G.
1.12
If a submittal is returned to the Contractor marked “Rejected” or “Revise and Resubmit”, only one
(1) additional submittal will be permitted without the Contractor incurring charges for the
additional re-submittals. JSE shall be reimbursed by the Contractor for any expense in
connection with any necessary submission in addition to the two (2) submissions allowed.
Contractor will be billed by JSE at a rate of $125/hr for these occurrences.
SUBSTITUTIONS
A.
The names of manufacturer and model numbers have been used in the Contract Documents to
establish types of equipment and standards of quality and are intended to be the Basis of Bid. If
only one manufacturer is named for a specific item of equipment alternate manufacturers shall be
acceptable as a substitution/approved equal as specified in this Article.
B.
All other brands, including any additional names which may be listed as “Alternates” or “Approved
Equal” must conform with the specifications, size, accessories, etc. of the first named brand and
be subject to Paragraph D and E of this Article. Alternate equipment must be equal from the
standpoint of materials, construction and performance. Request for substitution must be
accompanied by complete data and descriptive sheets during the bidding period as described in
Paragraph D and E of this Article.
1.
2.
C.
Submited on Bidder’s letterhead attached to Proposal Form with individual deductive
amounts stipulated and the documentation required in Paragraph E-03.
All savings for Owners selection of deductive amounts by acceptance of alternate or
substituted items are to be paid to the Owner.
All equipment within common group or category (e.g. switchgear, lighting fixtures, fire alarm, etc.)
shall be same manufacturer.
26 00 00 General Electrical Page 4
Project 1227
D.
Proposed Substitutions/Approved Equals:
1.
2.
3.
E.
Substitutions with prior approval:
1.
2.
3.
1.13
Submitted no less than 7 calendar days prior to bid date.
Submit proposed substitutions with catalog data and/or manufacturer’s shop details
indicating all modifications required to conform with specified brand. Include all relevant
items necessary to make a determination of equal status or submittal shall be deemed
incomplete and rejected.
If submittal contains sufficient information to prove compliance with the Contract
Documents, then that alternate submittal will be acceptable. Approved submittals for
bidding purposes only will be published by addenda.
Submitted on Bidder’s letterhead attached to Proposal Form with individual
additive/deductive amounts stipulated and the documentation required in Paragraph B-2.
Owner reserves the right to accept or reject any or all substitution proposals before
execution of Contract.
Provide all design/engineering services required to make adjustments in space, systems,
utilities, etc. and pay all additional costs of utilities, construction or professional services
that may be incurred due to the acceptance of any substitution.
PROTECTION OF EQUIPMENT
A.
Do not deliver equipment to jobsite until progress of construction has reached the stage where
equipment is actually needed, or until building is closed in enough to protect equipment from the
weather. Equipment allowed to stand in weather will be rejected, and Contractor is obligated to
furnish new equipment at no cost to Owner.
B.
Adequately protect equipment (including all Owner-furnished items) from damage after delivery to
job. Cover with heavy cloth as required to protect from damage.
C.
Equipment which has been damaged by construction activities will be rejected. Contractor shall
furnish new equipment at no cost to Owner.
1.14
A.
1.15
NOISE
Eliminate any abnormal noises which are not considered by the Architect to be an inherent part of
the systems as designed. Abnormal buzzing in equipment components will not be acceptable.
TESTING BY CONTRACTOR
A.
GENERAL: All wiring, instruments, apparatus and equipment shall be tested for continuity,
ground and short circuits before the circuits are energized. For 120 Volts circuits, the neutral/s
may require disconnecting. A complete record of all testing shall be submitted to Owner at
completion.
B.
ADDITIONAL TESTING: The Contractor shall make such other tests as may be or become
necessary to assure satisfactory operation of each unit device or equipment.
26 00 00 General Electrical Page 5
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1.16
RECORD DRAWINGS
Obtain a set of project drawings and keep these at jobsite during construction. During the course
of construction, mark on these prints any changes which are made, noting particularly locations
for those items which will need to be located for servicing. At completion of job, mark each sheet
"Record Drawings", date and deliver to Architect.
1.17
A.
OWNER'S INSTRUCTIONS
Provide the following periods of onsite instructions to Owner's designated personnel upon
completion of the systems' installation:
Sound Systems:
4 hours for up to 12 onsite staff
3 day certification for up to six maintenance and operations staff
Alt. #1 Sound System: 2 hours
1.18
MOUNTING HEIGHTS
A.
GENERAL: Heights are measured to centerline from the finished floor. Where devices are
located in block walls Architect may require height to be adjusted so junction box is in a desired
relationship with the mortar joint. Device must still be mounted within the acceptable height
range for ADA.
B.
DEVICE:
Telephone outlet
Telephone outlet at counter
Wall telephone
Desk telephone
Clock outlet
Interior Wall Mounted Speakers
Gym Speakers
Outdoor speakers
1.22
18"
7" above countertop
42"
18"
12" below ceiling or 96" maximum
12" below ceiling or 96" maximum
10’-0”
10’-0”
(or as shown on the Drawings)
ELECTRICAL INSPECTIONS
A.
Contractor shall formally request inspections from JSE to review any and all electrical
installations. Inspections shall include but not be limited to: system tests, grounding tests,
underground installations prior to backfill, rough-in installations, wall cover inspections, above
ceiling inspections, final inspection.
B.
Information required from Contractor on each and every request for inspection is as follows:
1.
Specific type of inspection (i.e. underground conduit installation, wall cover up, fire alarm
demonstration, etc.).
2.
Exact location of test (i.e. area of building with wing or room numbers).
3.
Description of test (i.e. partial inspection, walls only, chase walls, wall cover, ceiling cover,
etc.)
4.
Exact time of any tests that are to be observed. Estimated time test will start will not be
acceptable.
26 00 00 General Electrical Page 6
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5.
Verification from General Contractor with name of person that verified, that specific test has
been verified by the Contractor and all sub-contractors to meet all requirements of the
Specifications and Codes (prior to inspection request).
C.
Contractor shall provide a MINIMUM of 48 hour notice prior to requested inspection time, no
exceptions.
D.
INSPECTION REPORTS: After each inspection, JSE will generate an inspection report and
distribute promptly. The Contractor will then be given 7 working days from date of report to
address all deficiencies listed on the report. The GENERAL CONTRACTOR shall verify that all
items on each inspection report have been addressed by their subcontractors in this time period.
Once verified the GENERAL CONTRACTOR shall sign-off on each deficiency listed on the report
and return the signed-off copy of the inspection report to JSE via e-mail. After the signed-off
report is returned to JSE, the GENERAL CONTRACTOR shall request a re-inspection by JSE to
close the report. If after 7 working days no re-inspection is requested by the GENERAL
CONTRACTOR to close a report, JSE reserves the right to re-inspect whenever our schedule
allows, with these re-inspections still being subject to Paragraph E below.
E.
TEST REJECTIONS AND RE-INSPECTIONS: If a test is rejected or a re-inspection of an issued
JSE Inspection Report is found to NOT be completely addressed, only ONE (1) additional
inspection will be permitted without the Contractor incurring charges for each additional
inspection required. JSE shall be reimbursed $500 by the GENERAL CONTRACTOR for
expenses in connection with EACH inspection in addition to the two (2) inspections allowed.
F.
GOVERNMENTAL INSPECTIONS: Contractor shall test and demonstrate systems, allow for
JSE and Owner inspections, and correct all punch list items before arranging for inspections from
the Fire Marshall or other final “Certificate of Occupancy” inspection requirements. This will
require that the contractor complete systems in a timely manner to meet construction schedules.
1.23
DEMOLITION AND REMODELING
A.
In areas of demolition, contractor shall remove all electrical devices, conduit and wiring not to be
reused including temporary wiring. Any material that has salvage value shall be offered to the
Owner, and if accepted, delivered to his warehouse. If not accepted it shall be properly disposed
of with the other construction debris.
B.
Remove and replace ceilings, walls, floors and other finishes as necessary to install or modify
electrical systems.
C.
In areas of demolition and remodeling, ceilings, walls, floors and other finishes shall be repaired
and/or replaced to match existing finish to owner’s satisfaction.
D.
All work on low voltage systems, including demolition shall be performed by personnel licensed to
perform work on those systems.
END OF SECTION
26 00 00 General Electrical Page 7
Project 1227
SECTION 26 05 00 - ELECTRICAL WIRING
PART 1 - GENERAL
1.1
A.
1.2
RELATED DOCUMENTS
The General Provisions of the Contract, including General, Supplementary and Special
Conditions, apply to the work specified in this Section.
GENERAL INSTALLATION REQUIREMENTS
A.
All electrical work dealing with electrical circuits or power requirements of 50 volts or higher shall
be performed by a licensed journeyman electrician supervised by an on site master electrician.
B.
Provide grounding bushings for all connections at concentric and eccentric knockouts, and where
reducing washers are used.
C.
All junction boxes and other devices above ceiling that may require maintenance shall be located
within 18” of the ceiling.
D.
All junction and pull boxes shall be marked noting electrical circuits contained. Boxes containing
normal high voltage circuits shall have housing painted yellow. Boxes containing normal low
voltage circuits shall have housing painted blue. Do not paint the covers.
PART 2 - MATERIALS AND METHODS
2.1
RACEWAY SYSTEMS
A.
REQUIRED: Complete raceway systems for all wiring.
B.
RACEWAY CAPACITY: It shall be the Contractor's responsibility to determine the correct sizes
of all types of raceway, to be installed, as instructed in the NEC and all applicable Codes.
C.
INSTALLATION:
1.
LOCATION: Conceal all raceway systems in ceilings, walls and floors, except feeders
serving equipment in mechanical and electrical equipment rooms, and in such other areas
as indicated where conduit may be exposed. All junction and pull boxes above accessible
ceilings shall be mounted so that the access panel is no higher than 18” above the ceiling.
2.
ROUTING: Conduit shall be installed parallel to building coordinates. Install all horizontal
conduit at structure unless mounted to a wall.
3.
EXPOSED RACEWAY: Run parallel to walls, ceiling or structural members, in a manner to
present a neat appearance. Before installation, explain to the Inspector the proposed
method of routing and obtain his approval. Hold all horizontal conduit at ceiling or structure,
unless mounted on wall.
4.
SUPPORT: Provide adequate and sturdy support for all parts of raceway system. Conduit
concealed in walls or slabs may be supported with wire hangers, provided they are of heavy
gage and spaced to give adequate strength. Exposed conduit must be supported with
26 05 00 Electrical Wiring Page 1
Project 1227
materials specifically made for this purpose; do not use wire hangers. Do not attach any
parts of raceway system to air conditioning ducts or ceiling systems. Unless described by
detail on the drawings, provide Tolco Pipe Pier Supports four feet on center to support
conduit on the roof. Select for proper weight loading.
5.
CONTINUITY: Make all joints and connections in a manner which will insure mechanical
strength and electrical continuity. Use double locknuts and insulated bushings for rigid
conduit, and insulated type connectors for EMT conduit 1” and larger for connections to
boxes. Use insulated grounding bushings wherever connection is subject to vibration or
moisture, such as near mechanical equipment, when internal ground wire is installed, and
when concentric or eccentric knockouts are encountered, as well as where reducing
washers are used.
6.
PULL BOX LOCATIONS: As required by the National Electrical Code.
7.
EXPANSION FITTINGS: Install O. Z. or equal expansion fitting in each run of conduit which
crosses building expansion joint, and in all runs longer than 200 feet.
8.
CORROSION PROTECTION: For all non-coated metal raceway in contact with concrete or
mortar, tape with 3M corrosion protective tape, or equal. Tape shall extend for
approximately 6" before entering and after exiting concrete.
9.
PULL WIRE: Install nylon pull cord in all empty electrical power raceway systems.
10. OPENINGS: Keep all raceway openings closed in a manner to prevent entry of moisture
and foreign materials until conductors are installed.
11. FIRE PROOFING: All power and telephone raceway components passing through or
installed within U. L. fire rated walls, ceiling or floor structures shall be fireproofed in the
manner prescribed by the U. L. Fire Resistive Index and local building codes. All
penetrations shall be fireproofed with 3M Fire Barrier CP25WB caulk, moldable putty or FS195 wrap/strip installed per the manufacturer's recommendations.
12. MARKING: All junction and pull boxes shall be marked noting electrical circuits contained.
Additionally, boxes containing emergency or exit circuits shall have covers painted red.
Boxes containing normal high voltage circuits shall have covers painted yellow. Boxes
containing normal low voltage circuits shall have covers painted blue. Paint colors shall be
light enough to ensure that the circuit numbers can be easily distinguished.
13. SEALING: All conduit, junction box, outlet box and other penetrations of the building
envelop shall be sealed with non-hardening caulking or other non-hardening material as
required by the International Energy Conservation Code.
D.
2.2
A.
MANUFACTURERS: All components of raceway systems must be made in U.S.A. and bear U.
L. label.
CONDUIT
CONDUIT TYPES
1.
RIGID GALVANIZED STEEL – Threaded fittings
2.
EMT – Steel conduit with steel diecast set screw watertight fittings
26 05 00 Electrical Wiring Page 2
Project 1227
B.
3.
FLEXIBLE METAL CONDUIT – Greenfield, galvanized steel conduit for field installation of
conductors
4.
LIQUID TIGHT FLEXIBLE METAL CONDUIT – SealTite Type UA galvanized steel conduit
with PVC waterproof coating for field installation of conductors
5.
MC CABLE – Flexible steel conduit with factory installed, stranded copper conductors and
green insulated ground wire
6.
SURFACE RACEWAY – Wiremold steel raceway, ivory finished and mechanically
connected to walls or casework. Type based on application.
TYPE OF CONDUIT FOR VARIOUS LOCATIONS:
1.
EXPOSED OUTSIDE OF BUILDING: Rigid galvanized steel. For conduit in mechanical
courtyard within 50 feet of a cooling tower provide PVC coated, rigid galvanized steel
conduit and fittings.
2.
INSIDE OF BUILDING IN CEILING CAVITIES, IN EXPOSED FLOOR OR ROOF
STRUCTURE AREAS, OR IN DRY WALL TYPE CONSTRUCTION: Galvanized steel EMT
or rigid galvanized steel.
3.
EXPOSED ON EXISTING MASONRY OR PLASTER WALLS IN FINISHED AREAS:
Wiremold V500 metallic raceway, ivory finish, complete with various boxes, devices, offsets
and transitions. All raceway shall be mechanically fastened to walls or cabinets. No tapes
or glues allowed.
4.
FLEXIBLE METAL CONDUIT CONNECTIONS: Provide liquid tight construction and fittings
in wet, damp or outside areas. Minimum length shall be 18”. Maximum length shall be
three fee.
C.
MINIMUM CONDUIT SIZE: 3/4"
D.
FITTINGS:
2.3
A.
1.
RIGID CONDUIT: All rigid galvanized steel conduit shall have threaded fittings with
insulated bushings.
2.
EMT CONDUIT: Provide insulated bushings for all EMT conduit 1" or larger or housing #6
or larger wires.
3.
GROUNDING: Provide fitting with grounding lug where conduit attaches to a painted box
(disconnect switch, starter, transformer case, etc), conduit attaches to a box through a
knockout which has an associated larger knockout or a reducing washer is used, or conduit
contains a feeder from switchgear to switchgear or between switchgear and transformer.
PULL BOXES
REQUIRED: Pull boxes, junction boxes, wiring troughs and cabinets wherever required for
proper installation of various electrical systems.
26 05 00 Electrical Wiring Page 3
Project 1227
B.
2.4
CONSTRUCTION: Made of code gage steel with sides formed and welded, screw covers unless
shown to have hinged doors. Hinged doors to be same as furnished on panel boards, with same
locking device. Knockouts shall be factory made or formed in field with a cutting tool which will
provide a clean, symmetrically cut hole. Do not gang boxes or use extension rings to increase
capacity.
OUTLET BOXES
A.
REQUIRED: For all receptacles and the various other outlets shown.
B.
CONSTRUCTION: Galvanized steel, one piece construction, in all cases suitable for intended
use. Provide "gang" boxes where devices are shown grouped. Use hot dipped galvanized cast
iron for floors or exterior locations.
C.
TYPES FOR VARIOUS LOCATIONS:
D.
2.5
1.
CEILINGS: 4" square, 2-1/8" deep.
2.
DRY WALLS: 4" square, 2-1/8" deep standard galvanized switch box. Provide shallow
boxes where necessary. Provide tab to align box with studs.
3.
SURFACE MOUNTED: Boxes surface mounted on walls or floor shall be Bell, cast
aluminum box with appropriate plate and threaded hubs.
MOUNTING PLATES: Boxes mounted in drywall construction shall have extension plates
matched to wall thickness so the box can be mounted flush with the metal stud and the wiring
device mounts flush with the wall.
CONDUCTORS
A.
REQUIRED: A complete system of conductors in all raceway systems except where shown
otherwise. No conductors are to be installed in telephone conduit. Emergency or exit circuitry
shall be installed in a separate raceway system.
B.
BUILDING WIRE: 600 Volt, soft drawn annealed copper, 98% conductivity, continuous from
outlet to outlet. Minimum wire size #12 except remote control wire may be #14. All wire shall be
stranded Type THHN, THW-2 or THWN-2 (wet rated for 90 C). All wires shall be color coded
with same color connected to same ungrounded phase throughout the installation.
C.
MANUFACTURERS: Cerro, Encore, Republic, Triangle, Southwire Co. and United or approved
equal.
D.
CONNECTORS: Make all connections on #10 and smaller wire with Code approved solderless
pressure type insulated connectors; Ideal Wingnut. Solderless lugs must be used for all
terminations.
E.
TEST: After installation of all conductors, and before final acceptance, make such tests as are
required to determine proper functioning of all circuits. Furnish all necessary instruments
required to make such tests and correct any deficiencies found.
2.6
A.
CONNECTIONS EQUIPMENT AND DEVICES
POWER WIRING: Make wiring connections to all equipment being installed as a part of this
26 05 00 Electrical Wiring Page 4
Project 1227
Contract. In addition, make connections to Owner furnished equipment as shown.
B.
2.7
CONNECTIONS TO EQUIPMENT: Make connection to each piece of equipment subject to
vibration with not less than 18" nor more than 24” of flexible conduit. All horizontal runs of
conduit (not strapped to walls) must be kept above 7 feet high, with a vertical drop to equipment.
Conduit blocking walk and service space is not acceptable and will require relocation. Conduit on
and adjacent to equipment must be located to allow free access to all removable panels for
equipment service. Wire adjacent to heat producing equipment, such as boilers and electric
heaters, must be of a type approved for this use.
CIRCUITRY
A.
The intent of the drawings is to indicate schematically the circuitry required.
B.
Do not install 480/277 volt conductors in the same conduit with 208/120 volt conductors.
C.
The work performed in grouping conductors in a single raceway shall comply with all applicable
articles in the latest edition of the NEC and Local Codes which shall include, but shall not be
limited to, ampacity de-rating of conductors and maximum capacities of raceways.
2.8
A.
POWER CONDUCTOR COLOR CODING
480/277 VOLT SYSTEM: Conductors shall have insulation of the proper color as listed below:
Phase A
Phase B
Phase C
Neutral
Ground
Isolated Ground
B.
208Y/120 VOLT SYSTEMS: Conductors shall have insulation of the proper color as listed below:
Phase A
Phase B
Phase C
Neutral
Ground
Isolated Ground
C.
- Brown
- Purple
- Yellow
- Natural Gray
- Green
- Green w/yellow stripe
- Black
- Red
- Blue
- White
- Green
- Green w/yellow stripe
Contractor may use colored tape marking for size 8 and larger phase and neutral conductors,
and size 4 and larger ground conductors.
END OF SECTION
26 05 00 Electrical Wiring Page 5
Project 1227
SECTION 26 24 13 – WIRING DEVICES AND PANEL BOARDS
PART 1 - GENERAL
1.1
RELATED DOCUMENTS
The General Provisions of the Contract, including General, Supplementary and Special Conditions,
apply to the work specified in this Section.
1.2
A.
SUBMITTALS
Provide submittals as outlined in Section 26 00 00 General Electrical
PART 2 - PRODUCTS
2.1
WIRING DEVICES
A.
GENERAL: All devices must be suitable for use intended, and have voltage and current ratings
adequate for loads served. All devices shall have terminals designed for use with stranded wire.
All receptacles shall have a grounded pole and green painted grounding screw. Grounded
receptacles shall ground lug internally connected to mounting tabs. Wall outlets shall be installed
with the ground pin down. Devices installed in or served through fire rated structures shall be
fireproofed in a manner compatible with the U. L. fire rating.
B.
ACCEPTABLE MANUFACTURERS: Catalog numbers listed below are Hubbell, unless indicated
otherwise. Equivalent items made by Arrow-Hart, Bryant, Leviton or P&S will be acceptable
provided they meet specification requirements.
C.
CONVENIENCE OUTLET: (20 amp/125v/3 wire) HBL5362-Ivory
2.2
PANEL BOARDS
A.
Add a new branch circuit breaker in existing panel board as required to serve the new equipment.
Coordinate with existing switchgear manufacturer for circuit breaker type, short circuit rating and
additional requirement to accommodate the existing condition.
B.
NAME TAGS:
1.
Identify each device, space and meter with an engraved lamacoid nameplate (5/16" high
letters) showing equipment served and trip setting or space size. Attach nameplates with
mastic and two sheetmetal screws.
PART 3 - EXECUTION
3.1
Installation shall comply with manufacturer’s requirements and installation details on the Drawings.
END OF SECTION
26 24 13 Wiring Devices and Panel Boards Page 1
Project 1227
SECTION 27 51 23 – INTERCOMMUNICATIONS AND PROGRAM SYSTEMS
PART 1 - GENERAL
1.1
A.
1.2
RELATED DOCUMENTS
The General Provisions of the Contract, including General and Supplementary Conditions, apply
to the work specified in this Section.
PREFERRED EQUIPMENT SUPPLIER
Rauland
Other equipment providers must be submitted per specification section 260000 paragraph 1.12
for prior approval. All alternate or substituted equipment must be compatible with all existing
equipment to be reused, include all associated costs in bid.
1.3
PROJECT OUTLINE
A.
There is an existing Rauland Telecenter Sound Program Control system installed in the existing
school. The existing central equipment shall be removed and replace with new equipment
described in this Section. Existing wiring and speakers, unless specifically noted on the drawings,
shall be reused and reconnected to the new equipment. Prospective bidders must field verify
existing wiring is compatible with proposed system during bidding period, no allowance shall be
made consequently for any error through negligence in this regard. In designated areas,
additional speakers shall be provided to enhance audibility. Existing handsets shall be replaced
with new handsets. Existing clocks shall be replaced with new clocks at same location, provide
revised wiring back to new headend equipment as required. Provide new clocks where shown on
floor plans. Existing miscellaneous devices such as microphone outlets not shown, shall remain
and be reconnected to the new equipment.
B.
Under Alternate #1 remove existing Performance Gym local sound system headend and provide
new as outlined in this specification. All existing wiring, speakers, outlets, etc. shall remain and
be reconnected to new system.
C.
All existing equipment removed shall be delivered to Fort Bend ISD maintenance for their spare
stock.
PART 2 - SYSTEMS
2.1
A.
BUILDING INTERCOMMUNICATIONS AND SOUND SYSTEM
SYSTEM DESCRIPTION
1.
Provide a complete, computer controlled, classroom inter-communications and program
sound system.
2.
The Administrative Control Center shall be a standard push-button dialing telephone. It
shall contain a built-in digital read-out display for classroom call-in annunciation.
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3.
Normal or emergency call-in from classrooms shall be accomplished by lifting the staff
handset.
4.
Zone Page and All Call paging shall utilize power amplifiers adequate for coverage of the
project. The system shall be capable of delivering a minimum of 250 watts output with less
than 3% distortion from 40 to 10,000 Hz. The amplifiers shall be housed in the control
equipment rack.
5.
The Central Switching Exchange shall be a modular plug-in printed circuit board type, solidstate sensing and logic. VOIP Based. It shall consist of the following features and functions:
a.
Direct-dialing, duplex private telephone communications between all locations
equipped with administrative telephones, staff (classroom) station telephones or desk
type speaker telephones.
b.
Automatic Queuing shall be provided for the two ways amplified voice channels. A call
waiting shall be automatically connected when a channel becomes available.
c.
Voice synthesizer for broadcasting Emergency Messages and instructions for system
use.
d.
Capability for expanding the system to accommodate approximately two hundred
telephones and/or speaker locations.
e.
Minimum one direct dialing communication channels between administrative
telephones and classroom speakers without the use of a talk-listen switch. The
amplified voice channel shall have automatic control of return speech to assure a
constant return speech level.
f.
Capability for calling staff (classroom) stations having telephones and speakers, by
dialing the station number. Predetermination as to whether to ring the telephone or
permit talk over the speaker shall be user-programmed.
g.
Capability for any administrative telephone to transfer a "call" from another
administrative telephone to any other classroom loudspeaker or staff telephone.
h.
Provide for the distribution of nine different emergency alarm tones from any
authorized Administrative Telephone by dialing appropriate code number. Alarm tones
shall signify Fire Alarm, Evacuation Alarm and All Clear.
i.
Facilities for Remote Program Preamp
j.
Facilities for the instantaneous distribution of emergency announcements
simultaneously to all locations equipped with loudspeakers, by dialing a
pre-determined code number.
k.
Provisions for restricting access to Emergency Announcements to certain
administrative telephones. This shall be accomplished by the use of an authorized
administrative telephone.
l.
Facilities to easily change the dial code number of any circuit. The assignment of the
architectural number shall be accomplished by the use of any authorized
administrative telephone.
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B.
m.
Facilities for up to 8 Digital Readout Displays. Selected administrative telephones shall
incorporate a digital readout (LCD) offering numerical display of calling room numbers.
Display shall be capable of showing a three or four digit room number. An authorized
administrative telephone shall be capable of assigning calls originating from any staff
location to either or both of two display locations. Digital readout display shall also be
furnished in a stand-alone wall mount unit.
n.
Facilities for origination of both normal and priority calls from any staff station location.
Priority (Emergency) calls shall have precedence over normal calls. This function shall
be user programmable.
o.
It shall be possible to review all calls stored, in groups of three (3) in order received.
p.
The number of the last station dialed shall remain in the display until another call is
initiated.
q.
It shall be possible to answer calls registered in the readout merely by pressing a
single "response" button.
r.
Provisions for instantaneous distribution of announcements to a minimum of eight
pre-scheduled groups of speakers from any location equipped with an administrative
telephone.
s.
The assignment of speaker locations into any of the sixteen zones for zone paging or
time signals shall be accomplished by the use of an authorized administrative
telephone.
t.
Provide PRE-RECORDED voice announcements that can be activated by an
administrator or via the Master Clock System.
u.
Provide redundant network dedicated to the schools intercom system. Connection to
the Owners network will be via a single Ethernet connection
SYSTEM PROGRAMMING AND DIAGNOSTIC FUNCTIONS
1.
All programmable features shall be "User Programmable" from an authorized administrative
telephone without the need for technical assistance. These programmable features may
also be "locked out" to prevent unauthorized access to the system.
2.
Diagnostic functions – class change schedules shall be accessible over the schools Local
area network to simplify maintenance. It shall also be possible to transfer diagnostic and
program (software) information via telephone line with equipment manufacturer's service
center computer. The above diagnostic functions may also be performed, on site, by a
service technician versed in windows based applications.
3.
In addition to "on site" programming of system features and number assignments, the
stored program consisting of all data relating to the user's facility and operation shall be
"saved" on a flash drive for future use and service and shall be provided as part of system
wiring and documentation package.
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C.
D.
CENTRAL EQUIPMENT
1.
The equipment shall be contained in an upright rack approximately 42" high, 24" wide and
18" deep. The rack shall be constructed of at least 16 gauge steel, heavily reinforced for
maximum strength and durability and have baked enamel finish. It shall have a hinged and
key-locking rear door providing authorized personnel with easy access to the equipment.
Underwriter’s Laboratories Re-examination Service shall list the rack.
2.
The equipment rack shall contain the following components to meet the requirements of this
project.
a.
MAIN GATEWAY: Rauland TELECENTER 6000 Central Switch Exchange complete
VOIP front end with CPU, Intercom amplifier, and TCACM High Power switching card
or approved equal. Provide Expander chassis TC6255 Intercom Paging Chassis.
Equip each Main chassis and Remote chassis with a minimum of Qty 4 – TCSLM 12
port Station line Modules. Increase as required to meet Additional Zone requirements
stated below under Section F.
b.
REMOTE GATEWAY - Rauland Telecenter 6000 Series remote gateway equipped
with TC6255 Intercom Paging Chassis. Locate remote gateways in IDF rooms to
distribute telephone and speaker circuits to all local class rooms.
c.
Rauland Model MPA250, 250-watt power amplifiers (provide 1 for each 6000 series
gateway).
d.
Provide dedicated Rauland Model DAX60, 60-watt power amplifier for large spaces
such as the cafeteria, auditorium and additionally where shown on floor plans.
e.
Provide Rauland RP1102A 42” Equipment Rack for each remote mounted Gateway.
f.
Provide Qty 1 TC64PWR Power injector for IP Phones specified below.
g.
Provide Tripp lite Surge Block on AC power line.
h.
Provide one (1) rack mounted APC UPS 2200VA with each PA MDF/IDF equipment
rack. Equip with UPS Network Management Card, quantity two (2).
i.
Provide dedicated Biamp MPA250 amplifier for outside speaker horns.
PERIPHERAL EQUIPMENT
1.
Administrative Control Center Telephone shall be a standard dual-tone touch-pad dialing
instrument with an LCD alphanumeric readout display. Rauland TC6434 VOIP 34 Button
Phone. Equip with TC6477 Display. Provide eight (8) units.
2.
Staff telephones – Cortelco 61500-VOE-21M Series princess style phones complete with
key pad.
3.
Wall Mounted Volume Control – Soundolier AT-10A or Quam QC10 wall mounted, stepped
attenuator.
4.
Ceiling Speaker – Quam System12/MP 2X2 lay-in speaker with white, micro-perforated grill.
Speaker inside baffle to be 8 inch diameter 12 watt rating, 5-ounce BeFe ceramic magnet,
25/70-volt transformer.
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Ceiling Speaker (Sheetrock Ceiling) - Rauland ACC1401 or Quam System21 speaker.
Speaker inside baffle to be 8 inch diameter 15 watt rating, 10-ounce magnet, 25/70-volt.
Provide back can.
5.
Integral Volume Control Ceiling Speaker – Quam System12VC 2X2 lay-in speaker with
white, micro-perforated grill and integral volume control. Speaker inside baffle to be 8 inch
diameter 12 watt rating, 5-ounce BeFe ceramic magnet and 25/70-volt transformer. Provide
rotary switch to adjust wattage taps.
6.
Flush Wall Mounted Office Speakers – Atlas Sound C10T72 flush mounted wall speaker
with Quam ES-8 back box and Quam BS8W square baffle. Speaker inside baffle to be 8
inch diameter, 25 watt rating, 10-ounce ceramic magnet and 25/70-volt transformer.
Coordinate baffle color with owner prior to ordering. Contractor shall field verify wall and
speaker thickness prior to rough-in.
7.
Surface Wall Mounted Interior Speakers – Quam System6VP surface mount wall speaker
with vandal proof stainless steel, surface mount enclosure. Speaker shall be 16W,
compression type loudspeaker with multitap 25/70-volt transformer.
8.
Outdoor Speakers – Atlas Model APF-15T, weather proof, recessed 20-watt speaker with
multitap 25/70-volt transformer, 193-8-6 back boxes and VP-161APF grille.
9.
Auditorium Speakers – JBL Control 28T-60, quantity four (4). Coordinate enclosure and grill
color with owner prior to ordering. Provide mounting hardware to hang speakers from
existing theater pipe grid.
10. Intercom Stations for High Noise Environment – High security type, heavy duty, speaker
stations with call buttons, Quam CIS12/25 Vandal Resistant Call-In Station or Rauland
HSS6. Provide in cafeteria, auditorium, performance gym, auxiliary gym and additionally
where shown on floor plans.
11. Provide speaker line surge protectors at both ends of all sound system wiring which exits
the building. Edco Line Surge Protector or approved equal.
12. Spares:
All spare items shall be delivered to the owner as attic stock.
a.
Ten (10) staff telephones.
b.
Five (5) lay-in ceiling speakers.
c.
Two (2) lay-in ceiling speakers with integral volume control.
d.
Two (2) sheetrock ceiling speakers.
E.
WIRE INSTALLATION AND TESTING
1.
Speaker Wire shall be 22 gauge, four conductor (two pair shielded), and with category 3
cables. All wiring shall be installed in conduit. In existing areas not in mechanical rooms,
use metal, Wiremold surface raceway where exposed. All Wiring Specified in this section
and above accessible ceilings may be low smoke type installed without conduit if neatly
bundled, tied high at structure and protected against physical damage. Wiring above ceiling
without conduit shall be supported from structure or wall with Erico Caddy Cat or other
manufactured devices specifically designed for supporting cable. Provide conduit sleeve
with protective end fittings through all walls and floors where raceway system is not
installed. All splices shall be in supported junction boxes.
2.
Terminate all field cabling (station cable) on Telephone 66 Blocks. Use standard Telephone
cross connect practice for terminating and connecting Station cable to System cable. Punch
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down each wire of each station cable including shields. Using a permanent marker label 66
Blocks with actual room numbers next to the station cable. Provide a second set of blocks
for the System station cards. Using a permanent marker provide the physical port number
used by the system program. Use cross connect wiring to make connections. Provide one
color of cross connect for call buttons, another for speakers. If phones are used provide a
third color.
F.
3.
Fiber from main building to field house remote gateway shall be 6-strand multimode fiber
suitable for indoor/outdoor use. The cumulative signal loss, through connectors, jumpers,
couplers and fiber cable shall be less than 1.5 dB. Panduit Indoor/Outdoor Fiber Cable. The
contractor is responsible for determination of actual number of segments and segment
lengths. Coordinate fiber type with FBISD Technology Department and Cabling Standards.
4.
Speaker cabling in gyms to be 14-gauge 2-conductor plenum rated cable.
5.
Microphone cabling shall be 22 gauge, six conductor (two pair shielded), and category 3
cable.
6.
Clock cabling shall be 14 Gauge 3 conductor plenum rated cable.
7.
Test and record speaker line impedance for each circuit. Submit report with as-built
Drawings.
ADDITIONAL REQUIREMENTS
1.
Each room with a speaker and/or telephone shall be on an individual circuit or Zone.
2.
Each office, gym, cafeteria, auditorium and conference room shall be considered a Zone.
3.
Areas that have auxiliary sound systems shall receive an override signal from the Intercom/
Paging System.
4.
Provide a shut off switch in the auditorium which disables the Intercom/Paging speakers in
the auditorium for testing and performances. Provide an automatic override when an all
page emergency code is dialed which bypasses the shut off switch. Normal all call will not
activate the automatic override. Coordinate with owner for additional override settings.
5.
Total the Individual Zones and add 20% spare capacity at each remote gateway
(i.e. 50 classrooms x 20% = 10 spare ports) with a minimum of twelve (12) spare ports per
gateway. Add line cards as required.
6.
Provide four hours of staff training on the proper use and operation of the System for up to
twelve (12) personnel.
7.
Provide a three-day certification course on the maintenance and operation of the System for
up to six (6) personnel.
7.
Miscellaneous speakers shall be grouped together on circuits as follows:
a.
b.
c.
All hall speakers tap at 1 watt each.
All outdoor speakers tap at 7.5 watts each.
Cafeteria, auditorium and gym speakers shall be tapped at 4 watts.
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8.
2.2
A.
B.
2.3
Any speaker determined to be too loud or too soft by Fort Bend ISD personnel or the
Engineer, even though tapped at the wattage noted, shall be re-circuited to another tap
more suitable until the Owner is satisfied. This may require work during the warranty
period.
PROGRAM CLOCK SYSTEM
SYSTEM DESCRIPTION
1.
System shall interconnect with the Building Intercommunications and Sound System to
provide multiple zones, multiple schedules of events. Combined Sound and Clock System
shall also provide a user selection of a periodic tone or recorded audio for an interval of
time, i.e. five minute class change, to be distributed through the sound system.
2.
System shall wirelessly control and correct secondary synchronous digital clocks shown
throughout the building.
EQUIPMENT
1.
Sapling SMA2000 Series Master Clock with wireless transmitter/repeater – Provide 1 Unit
2.
Rauland TCCKANFM Interface Module Provide Qty 1.
3.
Rauland PS12 Power supplies Provide Qty 3.
4.
Hall clocks shall be Sapling SBL 31S-404-4R 24 VAC, double face, 4-digit digital clocks with
4" display. Provide metal double mount kit.
5.
Clocks noted to be single faced shall be Sapling SBL 31S-404-4R 24 VAC, 4-digit digital
clocks with 4" display. Provide wall box for flush mounting. Provide wire guards for gym
clocks.
6.
Spares:
All spare items shall be delivered to the owner as attic stock.
a.
Two (2) digital clocks.
PERFORMANCE GYMNASIUM SOUND SYSTEM (ALTERNATE #1)
A.
GENERAL: Under Alternate #1 provide a new sound system to replace the existing one in the
Performance Gymnasium.
B.
SYSTEM DESCRIPTION
1.
System provides for the local origination and distribution of sound and music within the
Performance Gymnasium. Amplifiers and equipment shall be mounted in a lockable cabinet
for security.
2.
Existing local sound speakers, wiring, outlets, etc. shall be maintained and reconnected to
new local sound system rack equipment.
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C.
PERFORMANCE GYMNASIUM EQUIPMENT
1.
EQUIPMENT RACKS
a. Provide Atlas Sound 324-15 24RU, wall mounted equipment rack with door and lock.
Fill all unused space with blank panels, Atlas SPR series.
b. Provide one (1) storage drawer, Atlas Sound SD3-14.
c. Provide five (5) extra rack keys.
2.
DUAL CHANNEL AMPLIFIER
a. The amplifier shall be a rack mounted, dual channel amplifier. Provide Crown
CDi 2000.
b. Total Harmonic Distortion (THD) at rated output shall not exceed .5%.
c. Rated output power at 8 Ohm dual channel shall be 475W with 1.4v present at input.
3.
PROGRAM SOURCES
a. iPod Player: Provide URC PSX2 IPOD docking station – MRX1 Controller – and
KP4000 Remote Keypad v-Connect KP4000 to Sound System DSP for Control. Split
control pages into the following categories: a) Wired Microphones b) Program
Sources, c) Monitor Feed and d) Local Computer. For each Input used provide
Volume Control and Mute Button. Mute Button to change color when pressed – RED
for Mute – GREEN for unmute – Each active input on the process will have these
controls as a minimum. Provide FSR OWB CP1 control panel when panel is wall
mounted in the space. When panel is mounted in a rack provide rack kit for
mounting unit.
b. Microphone Outlets – Reconnect all existing microphone outlets to new local sound
system equipment.
4.
5.
DSP NETWORK PROCESSOR
a.
Provide London Architect BLU100 with 12 inputs and 8 outputs
b.
Connect Processor to KP4000 for remote control of Volumes and Mutes see above for
page layout.
c.
Connect DSP processor to School Intercom System for remote override – provide a
dedicated circuit to Intercom Head End so that override may be bypassed by FBISD
personnel. Provide one (1) RDL TX70 Speaker to Line Interface.
SPEAKERS
a.
6.
There is an existing loudspeaker system in the performance gym to remain.
Reconnect existing speakers to new local sound system equipment.
MICROPHONES:
a.
Provide one (1) Shure SM58S unidirectional moving-coil type dynamic microphone
with ON/OFF switch. It shall have a true cardioid pickup pattern providing at least 6
db side cancellation and 15 db rear cancellation, a frequency range of 50 to 15,000
Hz, and a sensitivity of at least -57 db. Output impedance of 25-200 ohms and a high
impedance will be provided. Provide a 50 foot cable Shure C50J and connectors with
the microphone.
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7.
D.
2.4
SYSTEM CONTROL:
a.
Provide one (1) iPod Touch with URC MX-I OS software preloaded.
b.
Provide one (1) Netgear wireless router WG R614.
WIRE INSTALLATION AND TESTING
1.
All new speaker wire shall be plenum rated Category 3, 14 gauge, two conductor cables.
All wiring shall be installed in conduit. All wiring specified in this section and above
accessible ceilings may be installed without conduit if neatly bundled, tied high at structure
and protected against physical damage. Wiring above ceiling without conduit shall be
supported from structure with Erico Caddy Cat.
2.
Microphone cabling shall be Category 3, 22 gauge, six conductor (two pair shielded) cable.
3.
Test and record speaker line Impedance for each circuit. Submit report with as built
Drawings.
4.
Wiring shall be run splice free from equipment to equipment. Connections at equipment
shall be made with mechanical connections (splice block, spade connectors or butt crimp
connectors but not wire nut).
SHOP DRAWINGS
A.
Provide shop drawings as described in Section 26 00 00 paragraph 1.13 to include equipment
brochures and building drawings indicating devices and equipment locations.
B.
Include the following information:
1.
3.
4.
5.
6.
2.5
Provide wiring diagrams clearly indicating proposed equipment and interconnection of all
internal and external components. Include dimensional details of all mounting including rack
elevations and ergonomic layouts.
Complete floor plan drawings locating all system devices.
Factory data sheets on each piece of equipment proposed indicating electrical
characteristics and connection requirements.
Detailed system operational description. Submit instructions for operating system and
performing routine trouble shooting procedures.
Complete system bill of material.
INSTALLATION
A.
Provide labor, equipment and materials necessary for the complete installation.
B.
Insure that all speaker and amplifier circuitry maintains constant and correct polarity.
C.
Route cable within the racks in groups by signal level, and secure with plastic cable ties.
Maintain as much physical distance between cables of different circuit levels as possible. Avoid
tight bundling of cable.
D.
Make all joints and connections with resin-core solder and with approved mechanical connectors,
soldered after crimping. Splices will not be acceptable. Use spade lugs.
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2.6
WARRANTY
A.
Warrant the Work specified herein for one year against becoming unserviceable or causing an
objectionable appearance resulting from either defective/nonconforming materials or
workmanship.
B.
Defects shall include, but not be limited to, the following.
1.
2.
3.
4.
5.
2.7
Noisy operation or static.
Loose or missing parts.
Shorted circuits.
Feedback and other distortions.
Defective equipment items.
TRAINING
A.
Provide up to six (6) designated representatives of the Owner with complete technical training in
all technical aspects of the sound systems installation, at a time mutually convenient. Provide a
technical manual and programming software for all sound systems installed. The manual shall
include user, installation and programming information at a technical level. Provide equipment
manufacturer training and manufacturer certification to the representatives designated by the
Owner. Technical training shall take place over a three-day certification course.
B.
Provide up to twelve (12) designated representatives of the owner with four hours of staff training
on the proper use and operation of the System.
C.
Under Alternate #1 provide two hours of staff training on the proper use and operation of the new
Performance Gym local sound system.
2.8
A.
TESTING AND DOCUMENTATION
Testing
Contractor shall test each fiber strand. All cabling must meet/exceed all applicable IEEE, TIA/EIA
standards for data communications. FBISD reserves the right to have a representative present
during all or a portion of the testing process. If FBISD elects to be present during testing, test
results will be only acceptable when conducted in the presence of FBISD. Additional testing
practices commonly adhered to by contractor should be specified.
1.
B.
Fiber Optics Cable: Each fiber strand shall undergo bi-directional testing for signal
attenuation losses.
a.
Test Equipment: Microtest Certifiber # 8240-00 or equivalent.
b.
Test: Bi-directional signal attenuation at 850 and 1300 nm.
c.
Test Criteria: Signal loss of less than 1.5 dB through entire fiber path, including
cable, couplers and jumper.
Documentation
Contractor shall provide documentation to include test results and as-built drawings. An example
of test results as they will be presented should be included in the proposal.
1.
Fiber Test Results: Hand written results are not acceptable. Copies of test results are
not acceptable. Results to be provided on disk and printed form.
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2.
3.
As-Built Drawings: Contractor shall provide AUTOCAD floor plan diagrams, in 11 inches
X 17 inches size format, of the system installation details indicating actual wiring lay-out
and actual locations of field devices such as call-buttons, handsets, speakers, gateways,
etc.
O&M Manuals: Provide three (3) complete instructional/operational maintenance
manuals in binders, one to be located at the central equipment rack. Include a copy of
fiber test results and as-built drawings in each manual. Provide a CD with an electronic
copy of the complete O&M Manual including test results and as-built drawings with each
binder.
END OF SECTION
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