REQUEST FOR PROPOSALS CONSTRUCTION MANAGER-AT-RISK
Date: 1/06/2021
SPECIALTY TRADE CONSTRUCTION for The University of Texas at Austin
CONSTRUCTION MANAGER-AT-RISK CONTRACTOR FOR
MAJOR RENOVATION (CIP) HOGG MEMORIAL AUDITORIUM (HTH) (HMA)
RFP and CONTRACT No. 21CMR003 Capital Project Number: CP685851
Proposal Submittal Deadlines:
PRE-PROPOSAL 1/14/2021 at 10:00 AM CONFERENCE
SITE VISIT 1/14/2021 at 1:00 PM
ADDENDUM ITEMS DUE 1/21/2021 at NOON
SUBMITTAL NO. 1 2/09/2021 at 11:00 AM SUBMITTAL NO. 2 2/09/2021 at 11:00 AM SUBMITTAL NO. 3 2/09/2021 at 11:00 AM
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 1 RFP TABLE OF CONTENTS
1. Introduction 1.1 Description of The University of Texas at Austin (“University”) 1.2 Project Background, Description and General Scope 1.3 Objective
2. Notice to Respondents 2.1 General 2.2 Submittal Deadline 2.3 Key Events Schedule 2.4 The University of Texas at Austin Contacts 2.5 Type of Contract 2.6 Inquiries, Clarifications and Interpretations 2.7 Public Information 2.8 Contract Award Process 2.9 Criteria for Selection 2.10 Respondent's Acceptance of Evaluation Methodology 2.11 Commitment 2.12 Historically Underutilized Businesses 2.13 Issuance of Documents 2.14 Eligible Respondents
3. Proposal Requirements 3.1 General Instructions 3.2 Preparation and Submittal Instructions 3.3 Terms and Conditions
4. General Terms and Conditions 4.1 General 4.2 Definitions 4.3 Payment 4.4 Compliance with Law 4.5 Indemnification 4.6 Force Majeure 4.7 Other Benefits 4.8 Non-Disclosure 4.9 Publicity 4.10 Severability 4.11 Non-Waiver of Defaults 4.12 Assignment 4.13 Assignment of Overcharge Claims 4.14 Observance of the University Rules and Regulations 4.15 Notices 4.16 Governing Law
5. Specifications-(Not Applicable) 6. Execution of Offer 7. Pricing and Delivery Schedule 8. Respondent Questionnaire and Evaluation Criteria
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 2 EXHIBITS
A University’s Standard Construction Manager-at-Risk Agreement (with below attachments) Uniform General Conditions Additional General Conditions B HUB Subcontracting Plan Exhibit H C SD Book
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 3 SECTION 1 INTRODUCTION
1.1 Description of the University of Texas at Austin (“University”)
1.1.1 The mission of the University of Texas at Austin is to achieve excellence in the interrelated areas of undergraduate education, graduate education, research and public service.
1.2 Project Background, Description and General Scope
1.2.1 The work of this contract entitled CONSTRUCTION MANAGER-AT-RISK CONTRACTOR FOR MAJOR RENOVATION (CIP), HOGG MEMORIAL AUDITORIUM (HTH) (HMA) comprises:
Provide CONSTRUCTION MANAGEMENT AT RISK Services.
1.2.2 HISTORICAL BACKGROUND:
1.2.2.1 The University of Texas at Austin is the flagship public research institution of the University of Texas System and supports more than 51,000 students and 14,000 faculty and staff through 18 top-ranked colleges and schools. The Hogg Memorial Auditorium (HMA) is located in the heart of the UT Austin campus within the original 40 acres. It was designed by University Architect Paul Cret and built in 1932 as the first theatre on campus. The building has approximately 25,000 gross square feet and features 1,150 seats.
Throughout the decades, HMA has served as a hub for different aspects of campus life. When it opened its doors in 1933, the inaugural event was a lecture by poet Robert Frost. In the 1950’s, it was the main stage for UT’s drama department and throughout time it continued to serve as a venue for lectures, debates, and traveling plays, serving the campus as well as the community. After a dormant phase when HMA was used for lectures, exams, and film screenings, it reopened as a performing arts venue in 1997. Today, HMA serves as a venue for Registered Student Organizations (RSO) programs as well as other larger University functions, such as new student orientation, final exams, and graduation ceremonies. Since HMA is utilized for new student orientation every year, the building represents one of the first impressions students have on campus.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 4 1.2.3 MISSION STATEMENT:
1.2.3.1 To transform lives for the benefit of society
The mission of The University is to achieve excellence in the interrelated areas of undergraduate education, graduate education, research and public service. The University provides superior and comprehensive educational opportunities at the baccalaureate through doctoral and special professional educational levels.
The University contributes to the advancement of society through research, creative activity, scholarly inquiry and the development and dissemination of new knowledge, including the commercialization of University discoveries. The University preserves and promotes the arts, benefits the state’s economy, serves the citizens through public programs and provides other public service.
1.2.4 DESCRIPTION, SCOPE AND BUDGET:
1.2.4.1 The renovation to the HMA includes the replacement and upgrade of major building systems such as mechanical, electrical, and plumbing systems. Additionally, the renovation will address the building envelope by replacing the existing roof, and updating aesthetic elements such as seating, soft goods, and finishes. The renovation will include restroom, life safety, and accessibility upgrades for compliance with the National Fire Protection Association (NFPA) Life Safety Code and Americans with Disabilities Act (ADA)/Texas Department of Licensing and Regulation (TDLR) requirements. Interior upgrades also include restoration of historic plaster and painted ceilings, along with theater equipment improvements. Exterior site improvements, adjacent to the front-door entrance, include ADA, parking spaces, and sidewalk modifications for a more cohesive space. The building maintains many of its original architectural features that make the space a historical gem on the original 40 acres. The proposed renovation will “reset the clock” on building infrastructure systems and allow the building to continue serving the institution and greater community for generations.
1.2.4.1.1 Estimated construction value of the Project will range between $16,000,000.00 to $18,000,000.00.
1.2.5 SCHEDULE AND PHASING: 1.2.5.1 Notice to Proceed/start date for services March 30, 2021 (approx.) 60% CD Review March 30, 2021 (approx.) 100% CD Review August 2, 2021 (approx.) GMP 1 – long lead, site work, abatement August 16, 2021 (approx.) GMP 2 – construction and finish out October 18, 2021 (approx.) Substantial Completion January 20, 2023
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 5
1.3 Objective
1.3.1 The objective of the University of Texas at Austin for this project is to complete the project on time and within the project budget in a safe and workmanlike manner with a minimum of disruption to the existing building occupants. Coordination and cooperation among Contractors and sub-contractors will be a key to success. Work will also be occurring at the same time as other work by the University by other contracts or its own shop forces. Contractor shall be responsible for the coordination of work under this contract with work by Owner and other Contractors.
1.4 Work Period
1.4.1 All work for this project must begin on or about March 30, 2021 and must be completed by the end of the day on January 20, 2023
1.4.2 The Contractor shall limit his use of the premises to the work indicated, so as to allow for Owner occupancy and use by the public.
1.4.3 The facility will only be available during the scheduled construction time period from 8:00 A.M. to 5:00 P.M. (CST) Monday through Friday. Should the Contractor wish to work during other times, including weekends or nights, Contractor must notify the Construction Inspector in writing, a minimum of Twenty-Four hours in advance so that the University Police Department may be notified.
1.4.4 In order to prevent disruption during the Owner’s special events, the Contractor must comply with the following no-work period(s) special requirements:
1.4.4.1 FINALS NO WORK TIMES: Noise and disruption is of particularly concern during semester (fall, spring and summer sessions) final exam periods and final exam study periods. The Contractor must curtail all objectionable noise operations so as not to disturb final exam study periods, exams, etc. Contractors shall not work during the above times, unless requested to and approved by the Owner. It is possible that this project may require concrete saw cutting, coring, jackhammer, and other noise producing activities. Contractor shall schedule this work a minimum of TWO (2) WORKING DAYS in advance and be prepared to perform this work outside of normal business hours:
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 6 1.4.4.1.1 Final Exam, Quiet Times and Study Periods: a.) 2020/2021 Fall Semester exam schedule: December 9 through December 18, 2020 c.) Spring Semester exam schedule: May 5 through May 18, 2021 d.) 2020/2021 Summer Semester exam schedule: July 1, 9 through July 10, 2021 July 28 through July 30, 2021 August 9 through August 10, 2021 August 14 through August 16, 2021 Future Exam Schedules TBD
1.4.4.1.2 COMMENCEMENT WORK RESTRICTIONS: Special consideration during the period from Thursday through Sunday of May Commencement Week shall be made to ensure that all work is curtailed and site staging areas are safe, orderly and secured to the satisfaction of the Owner.
1.4.4.1.2.1 Dates of Commencement: May 21 through May 22 2021. 1.4.4.1.2.2 Future Commencement Schedule: TBD
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 7 SECTION 2
NOTICE TO RESPONDENTS
2.1 General
2.1.1 University is accepting Competitive Proposals for Construction Manager at Risk from Respondents for a construction contract entitled:
MAJOR RENOVATION (CIP), HOGG MEMORIAL AUDITORIUM (HTH), (HMA)
pursuant to Sec. 51.781, Texas Education Code, in accordance with the terms, conditions and requirements set forth in this Request for Proposals (“RFP”), and CONTRACT NO. 21CMR003 and U.T. Austin Capital Project CP685851. This RFP provides sufficient information for interested parties to prepare and submit proposals for consideration by the University.
2.1.2 This Request for Competitive Proposals (“RFP”) for Construction Manager at Risk is the only step for selecting a Contractor for the Project as provided by Texas Education Code §51.781. The RFP provides the information necessary to prepare and submit Competitive Proposals for Construction Manager at Risk for consideration and ranking by the Owner.
2.1.3 The Owner may select the Proposal that offers the “best value” for the institution based on the published selection criteria and on its ranking evaluation. The Owner may first attempt to negotiate a contract with the selected Respondent. The Owner may discuss with the selected Respondent options for a scope or time modification and any price change associated with the modification. If the University is unable to reach a contract with the selected Respondent, the Owner may formally end negotiations with that Respondent and proceed to the next “best value” Respondent in the order of the selection ranking until a contract is reached or all proposals are rejected.
2.1.4 RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP SOLICITATION (INCLUDING ALL ATTACHED DOCUMENTS) CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.
2.1.5 Contractor shall be required to abide by all conditions in all attached documents, including the Uniform and Additional General Conditions, the Information to Proposers, Owner’s Special Conditions, Technical Specifications, Drawings (attached or separately bound), Addenda, etc., as if they were included in this RFP.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 8 2.2 Submittal Deadline
2.2.1 The University will accept COMPETITIVE PROPOSALS FOR CONSTRUCTION MANAGER AT RISK for selection at Project Management & Construction Services, FC1, Room 2.102, The University of Texas at Austin until the below mentioned times.
2.2.2 Respondents are instructed to complete, sign and return the following documents as part of their proposal submittal. Failure to return these documents may subject the Respondent’s proposal to disqualification. See Section 3 for detailed description of document requirements.
2.2.3 All risks of failure to arrive timely shall be on the bidder.
2.2.4 The following is the submittal schedule and documents required:
(1) SEALED SUBMISSION NO. 1 – Section 6 (Execution of Offer); Section 7 (Pricing and Delivery Schedule); and Letter of Bonding Capacity are due by the date and time indicated in Section 2.3.
Provide a single .pdf of all required documents for Submission No. 1 – the UT Box drop box must be used to submit responses.
USE DROP BOX TO SUBMIT SUBMITTAL: https://utexas.app.box.com/f/e4199238a1ca46b5b8abb1315f18c98a
The file must be saved using the following naming convention:
“Submittal No. 1 – Section 6, Section 7, and Letter of Bonding Capacity for MAJOR RENOVATION (CIP), HOGG MEMORIAL AUDITORIUM (HTH) (HMA)
Submittal Date: 2/09/2021 at 11:00 AM” Name of Firm submitting:
(2) SUBMISSION NO. 2 – Section 8 Qualifications complete response are due by the date and time indicated in Section 2.3.
Provide a single .pdf of all required documents for Submission No. 2 – the UT Box drop box must be used to submit responses.
USE DROP BOX TO SUBMIT SUBMITTAL: https://utexas.app.box.com/f/37d0bc4d197e4fe9a22af040b0a5e6ab
“Envelope (Container) No. 2 – Submittal Booklets MAJOR RENOVATION (CIP), HOGG MEMORIAL AUDITORIUM (HTH) (HMA)
Submittal Date: 2/09/2021 at 11:00 AM” Name of Respondent:
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 9 (3) SUBMISSION NO. 3 - HUB Subcontracting Plan (HSP) is due by the date and time indicated in Section 2.3. Provide a single .pdf of all required documents for Submission No. 3– the UT Box drop box must be used to submit responses.
USE DROP BOX TO SUBMIT SUBMITTAL: https://utexas.app.box.com/f/2da141a2299642fdb54e3cccff1937d3 The fill must be saved using the following naming convention: “Submittal No. 3 – The HUB Subcontracting Plan (HSP) MAJOR RENOVATION (CIP), HOGG MEMORIAL AUDITORIUM (HTH) (HMA)
Submittal Date: 2/09/2021 at 11:00 AM” Name of Respondent:
NOTE: USE DROP BOX TO SUBMIT SUBMITTALS. Submit in PDF format only. One upload per firm only. No uploads will be accepted after the cut off time of 11:00 AM on the set date of the Submittal.
Submittals No. 1, 2, and 3 shall be uploaded via DROP BOX TO SUBMIT SUBMITTALS Submittal 1: https://utexas.app.box.com/f/e4199238a1ca46b5b8abb1315f18c98a Submittals 2: https://utexas.app.box.com/f/37d0bc4d197e4fe9a22af040b0a5e6ab Submittals 3: https://utexas.app.box.com/f/2da141a2299642fdb54e3cccff1937d3
Do Not Mail Submittals. The PMCS building is currently closed. All submissions must be made via the link provide for the UT Drop Box.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 10 2.3 Key Events Schedule:
Issue Notice to Respondents 1/06/2021
Pre-Proposal Conference Join Zoom Link 1/14/2021 at 10:00 AM https://utexas.zoom.us/j/92639703348 Meeting ID: 926 3970 3348 One tap mobile +13462487799,,92639703348# US (Houston)
Sign-In Sheet for attendance to Pre-Proposal Conference: https://utexas- my.sharepoint.com/:x:/g/personal/cynthia_rangel_austin_utexas_edu/ERhnqTGJxmlPhsmT- tKeGX0BlXHOW0o-jWoo9gi2hacMIw?e=8BH0Sb
Initial Site Visit 1/14/2021 at 1:00 PM
Addendum Items Due to Project Manager 1/21/2021 at NOON
Submittal No. 1 Proposal Submittal Deadline 2/09/2021 at 11:00 AM https://utexas.app.box.com/f/e4199238a1ca46b5b8abb1315f18c98a
Submittal No. 2 Proposal Submittal Deadline 2/09/2021 at 11:00 AM https://utexas.app.box.com/f/37d0bc4d197e4fe9a22af040b0a5e6ab
(HSP) Plan Submittal No. 3 Proposal Submittal Deadline 2/09/2021 at 11:00 AM https://utexas.app.box.com/f/2da141a2299642fdb54e3cccff1937d3
Join Zoom Meeting to Bid Opening: https://utexas.zoom.us/j/93181133624 Meeting ID: 931 8113 3624 One tap mobile +13462487799,,93181133624# US (Houston)
Sign-In Sheet for attendance to Bid Opening: https://utexas- my.sharepoint.com/:x:/g/personal/cynthia_rangel_austin_utexas_edu/EdYdQZYGR3xHin0JKLo q2LYBdE2hQs26hexKC51XrCdcDg?e=LmtFPN
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 11 2.3 University of Texas at Austin Contacts
2.4.1 No oral explanation in regard to the meaning of the drawings and specifications will be made and no oral instructions will be given before the award of the contract. Discrepancies, omissions or doubts as to the meaning of drawings and specifications shall be communicated in writing to the Project Manager for interpretation prior to the deadline for such questions in the RFP or Notice to Proposers. Proposers shall act promptly and allow sufficient time for a reply to reach them before the submission of their proposals. Any interpretation made will be in the form of an addendum to the specifications, which will be forwarded to all known Proposers, and its receipt by the Proposer shall be acknowledged on the Proposal Form.
2.4.2 Any questions or concerns regarding this Request for Proposal shall be directed to:
FOR TECHNICAL ISSUES CONTACT BY EMAIL: Hirokazu Horikoshi, Project Manager Amy Ruffino, Project Manager Project Management & Construction Services Professional Service Provider The University of Texas at Austin Jacobs 1301 E. Dean Keeton, Rm. 2.102 2705 Bee Cave Road, Suite 300 Austin, TX 78722 Austin, Texas 78756 Telephone: 512.471.1715, 314.954.9756 Telephone: 512.314.3162
email: [email protected] email: [email protected]
FOR CONTRACTUAL ISSUES CONTACT BY EMAIL: FOR HUB ISSUES CONTACT BY EMAIL:
Trina A. Bickford, Manager, Contracts HUB/SB Program Project Management & Construction Services The University of Texas at Austin The University of Texas at Austin 1301 E. Dean Keeton, Rm. 2.102* 1616 Guadalupe, UTA 3.306, D8750* Austin, TX 78722 Austin, TX 78712 Telephone: 512.471.3042* Telephone: 512.471.2851*
email: [email protected] Email: [email protected] *Please Note: Many areas of the University are operating remotely, including PMCS and the HUB Office, staff may not be available on site or to answer calls immediately at the numbers listed. Email is the best method to communicate during this time. For more information on University operations, visit https://coronavirus.utexas.edu/campus-announcements.
2.4.2 The University specifically requests that Respondents restrict all contact and questions regarding this RFP to the above named individuals. For electronic updates to the request for proposals, addenda and future work go to the PMCS website at: https://pmcservices.utexas.edu/vendors/Formal-Solicitation- Opportunities
2.5 Type of Contract: The successful Respondent will be required to enter into the latest version of the contract in the form included in the Specifications. The work will be awarded to the Respondent offering the “best value” to the Owner based on the requirements of the RFP. HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 12 2.6 Inquiries, Clarifications and Interpretations: Responses to inquiries -- which directly affect an interpretation or change to this RFP -- will be issued in writing by addendum (amendment) and issued to all parties recorded by the University as having received a copy of the RFP. All such addenda issued by the University prior to the time that proposals are received shall be considered part of the RFP. Respondent shall be required to consider and acknowledge receipt of such in their proposal. It is the responsibility of all respondents to obtain this information in a timely manner. Firms receiving this RFP -- other than directly from the University -- are responsible for notifying the University that they are in receipt of a proposal package and are to provide a name and email address in the event an addendum is issued. All addenda shall be posted on the before-referenced web site.
2.6.1 Only those inquiries the University replies to by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect.
2.6.2 The Respondent must acknowledge all addenda in the Section 7 Pricing and Delivery Schedule.
2.6.3 A Pre-Proposal Conference will be held at Zoom Link, The University of Texas at Austin, on 1/14/2021 at 10:00 AM The Conference (with representatives of the Owner, Architect, and Engineer), will be held to discuss proposal procedures and requirements, Construction Documents, the project’s Owner’s Special Conditions, and HUB good-faith requirements of the Respondent as well as allow visits to the site on specific projects. At this meeting, Respondents will have an opportunity to ask any questions regarding this RFP.
2.6.3.1 ATTENDANCE BY THE APPROPRIATE PERSONNEL FROM EACH RESPONDENT IS HIGHLY RECOMMENDED AT THE PRE-PROPOSAL CONFERENCE AND SITE VISIT.
2.6.3.2 THE INITIAL SITE VISIT SHALL OCCUR on 1/14/2021 at 1:00PM, meeting at the front entrance of the Hogg Memorial Auditorium located at 2300 Whitis Ave, Austin, TX 78712. Due to COVID-19 safety guidelines, only one member from each firm may attend the site visit. Face coverings will be required and temperature readings of individuals will be taken prior to entry. Visits to the project site shall only occur at the scheduled time by the Owner.
2.6.3.2.1 TO PARK; use the San Antonio Garage (2420 San Antonio St.) (SAG) or on-street metered parking (Contractor responsible for cost).
2.6.3.3 No other site access will occur prior to the proposal submittal deadline.
2.6.3.4 While attending the site visits, all participants shall act in a professional and non-disruptive manner so as not to disturb ongoing use of the facilities.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 13 2.7 Public Information: The University considers all information, documentation and other materials requested to be submitted in response to this solicitation to be of a non- confidential and/or non-proprietary nature and therefore shall be subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after a contract is awarded.
2.7.1 Respondents are hereby notified that the University strictly adheres to all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of RFP information.
2.8 Contract Award Process: An award for the construction services specified herein will be made following a procedure using Competitive Proposals for Construction Manager at Risk. Proposals will be opened publicly to identify the names of the Respondents and the monetary proposals. Other contents of the proposals will be afforded security sufficient to preclude disclosure of the contents of the proposal prior to award. Within 45 days after the date of opening the proposals, the University will evaluate and rank each proposal with respect to the selection criteria contained in this RFP. After opening and ranking, an award may be made on the basis of the proposals initially submitted -- without discussion, clarification or modification -- or, the University may discuss with the selected Respondent offers for cost reduction and other elements of the Respondent’s proposal. If the University determines that it is unable to reach a contract satisfactory to the University with the selected Respondent, then the University will terminate discussions with the selected Respondent and proceed to the next Respondent in order of selection ranking until a contract is reached or the University has rejected all proposals. The University may not disclose any information derived from the proposals submitted from competing offers in conducting such discussions. The University reserves the right to award a Contract for all or any portion of the requirements proposed by reason of this request; award multiple Contracts; or to reject any and all proposals if deemed to be in the best interests of the University. If so, the University reserves the right to re-solicit for new proposals, or to reject any and all proposals -- if deemed to be in the best interests of the University -- and to temporarily or permanently abandon the procurement. If the University awards a Contract, it will award the Contract to the Respondent most advantageous to the University and offers the best value, considering price and the evaluation factors set forth in this RFP.
2.9 Criteria for Selection: The Respondent(s) selected will be the Respondent whose qualifications, as presented in the response to this RFP, are the most advantageous and offer the best value to the University.
2.9.1 University personnel will evaluate responses. The criteria for evaluation of proposals, and selection of the qualified Respondent(s), will be based on the factors listed below:
2.9.1.1 Proposed Cost set forth in Section 7.
2.9.1.2 Responses to Evaluation Criteria included in Section 8.
2.9.2 The weighting of the cost criteria in 2.9.1.1 and the multiple qualification criteria in 2.9.1.2 will be assigned prior to receipt of the above information.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 14 2.10 Respondent's Acceptance of Evaluation Methodology: By submitting a Proposal in response to this RFP, the Respondent accepts the evaluation process and acknowledges and accepts that determination of the “best value” Respondent will require subjective judgments by the Owner. The Owner reserves the right to consider any Proposal “non- responsive” if the Base Proposal Cost is determined to be unreasonable or irresponsible in relation to the other submitted Proposals and/or the Owner’s estimate of the construction cost. 2.11 Commitment: Respondent understands and agrees that this RFP is issued predicated on anticipated requirements for this specific project and RFP and that the University has made no representation, written or oral, that any such requirements be furnished under a Contract arising from this RFP. Furthermore, Respondent recognizes and understands that any cost borne by the Respondent which arises from Respondent’s performance hereunder shall be at the sole risk and responsibility of Respondent.
2.12 Historically Underutilized Businesses – (See attached Exhibit H): It is the policy of The University of Texas at Austin, and each of its component institutions, to promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses (HUBs) in all contracts. Accordingly, the University has adopted Exhibit H, Policy on Utilization of Historically Underutilized Businesses (Policy). The Policy applies to all contracts with an expected value of $100,000.00 or more. If the University determines that subcontracting opportunities are probable, then a HUB Subcontracting Plan is a required element of the Response. Failure to submit a required HUB Subcontracting Plan (HSP) and a HSP that in compliance with the HUB Policy will result in rejection of the Response.
2.12.1 The required HUB subcontracting plan shall be submitted in a separate Submittal No. 03 as stated earlier in the RFP. The acceptance of the HUB Plan submittal will predicate opening and review of the cost and qualification proposal.
2.12.2 If accepted, the HUB Subcontracting Plan shall become a provision of the Proposer's contract with PMCS. No changes may be made in an accepted HUB Subcontracting Plan prior to incorporation in the contract.
2.13 Issuance of Documents: BID DOCUMENTS WILL BE AVAILABLE FOR DISTRIBUTION ON OR ABOUT 1/06/2021. Respondents may obtain bid documents through the PMCS website at: https://pmcservices.utexas.edu/vendors/Formal-Solicitation-Opportunities
All Plans and Specifications and bidding documents will be posted electronically on the PMCS Website at: https://pmcservices.utexas.edu/vendors/Formal-Solicitation- Opportunities
2.14 Eligible Respondents: Only individual firms or lawfully formed business organizations may apply. (This does not preclude a Respondent from using consultants.) The Owner will contract only with the individual firm or formal organization that submits a Proposal.
2.15 COVID-19 Safety Protocols: For all PMCS projects, the safety protocols posted at https://pmcservices.utexas.edu/sites/pmcs.utexas.edu/files/PMCS%20COVID- 19%20Requirements%20Rev2.pdf shall apply until further notice. HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 15 SECTION 3
PROPOSAL REQUIREMENTS
3.1 General Instructions
3.1.1 Respondents should carefully read the information contained herein, and the Design Criteria Package, and submit a complete response to all requirements and questions as directed.
3.1.2 Proposals and any other information submitted by Respondents in response to this Request for Proposal shall become the property of the University.
3.1.3 The University will not provide compensation to Respondents for any expenses incurred by the Respondent(s) for proposal preparation or for any demonstrations that may be made, unless otherwise expressly stated or required by law. Respondents submit proposals at their own risk and expense.
3.1.4 Proposals which are qualified with conditional clauses, alterations, items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by the University, at its option.
3.1.5 Each proposal should be prepared simply and economically, providing a straightforward, concise description of the Respondent’s ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of the University's needs.
3.1.6 The University makes no guarantee that an award will be made as a result of this RFP, and reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or resulting contract when deemed to be in the University's best interest. Representations made within the proposal will be binding on responding firms. The University will not be bound to act by any previous communication or proposal submitted by the Respondents other than this RFP and related Addenda.
3.1.7 Failure to comply with the requirements contained in this Request for Proposal may result in the rejection of Respondent’s proposal.
3.2 Preparation and Submittal Instructions
3.2.1 Submittal No. 1: As part of their proposal response in Submittal No. 1, Respondents must complete, sign and return:
• Execution of Offer, Section 6, with original signature; • Pricing and Delivery Schedule, Section 7, with original signature; and • Proposal Letter of Bonding Capacity (Also see Information to Proposers Article VIII),
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 16 3.2.1.1 Execution of Offer, Section 6.
3.2.1.1.1 Respondent must submit the entire Execution of Offer, Section 6, document, with original signature.
3.2.1.1.2 By signing the Execution of Offer and submitting a proposal, Respondent certifies that any attached or referenced terms, conditions, or documents are applicable to this procurement only to the extent that they do not conflict with the statutes or Administrative Code of the State of Texas, or the advertised terms and conditions, and that they do not impose additional requirements on the University. Respondent further certifies that the submission of a proposal is Respondent's good faith intent to contract with the University as specified herein and that such intent to contract is not contingent upon the University's acceptance or execution of any such attached or referenced terms, conditions, or other documents.
3.2.1.2 Pricing and Delivery Schedule, Section 7.
3.2.1.2.1 Pricing reflects the full Scope of Work defined herein; inclusive of all associated cost for delivery, labor, insurance, taxes, overhead, and profit, or as otherwise defined, as appropriate.
3.2.1.2.2 The University will not recognize or accept any charges or fees to perform this work that are not specifically stated in the Respondent's proposal.
3.2.1.2.3 Cash or prompt payment discounts will not be considered in determining an award. All payment discounts offered will be taken, if earned and deemed in the University's best interest.
3.2.1.3 Proposal Letter of Bonding Capacity
3.2.1.3.1 All project Proposals that have a minimum dollar value of $25,000 or more shall require a letter from an approved Bonding Company indicating that the Respondent has Bonding capacity equaling or exceeding the Maximum Possible Award (including consideration of additive alternates) of the Proposal submitted, and shall timely issue the applicable Payment Bond (and Performance Bond if the Maximum Possible Award is over $100,000) in the amount of the awarded agreement. This Letter from the Bonding Company shall be submitted with the Proposal in Submittal No. 01; as stated in the RFP or Notice to Proposers.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 17 3.2.2 Submittal No. 2: As part of the Proposal response in Submittal No. 2, Respondent must answer the criteria outlined in Section 8 of this Proposal and presented according to 3.2.2.1. through 3.2.2.4. below.
3.2.2.1 Page Size, Binders and Dividers: Proposal responses must be typed on letter-size (8-1/2” x 11”) paper. You may include 11” x 17” sheets if folded into 8-1/2” x 11” size. The University requests that responses be submitted in a binder. Preprinted material should be referenced in the response and included as labeled attachments. Sections should be divided by tabs for ease of reference. Binders shall not exceed 1” in thickness and may be 3-ring, spiral, or any methods that are easily used to contain and organize submittal data.
3.2.2.2 Table of Contents: Include with the Proposal response a Table of Contents that includes page number references. The Table of Contents should be in sufficient detail to facilitate easy reference of the sections of the response as well as separate attachments (which should be included in the main Table of Contents). Supplemental information and attachments included by the Respondent (i.e., not required) should be clearly identified in the Table of Contents and provided as a separate section.
3.2.2.3 Pagination: All pages of the Proposal response should be numbered sequentially in Arabic numerals (1, 2, 3, etc.). Attachments should be numbered or referenced separately.
3.2.2.4 Number of Copies: See paragraph 2.2.4 (item 2) for number and type of copies.
3.2.3 Submittal No. 3: As part of their Proposal response in Envelope 3, responses to this RFP should consist of a listing of all subcontractors by trade as required and shown in the HUB Subcontracting Plan (see attached Exhibit H), even if they are mentioned elsewhere in the submittal package. The selected sub-contractors listed in the HSP Plan shall match those listed and qualified in the response to the Selection Criteria shown in Section 8 and submitted in Envelope 2.
3.2.4 Submission
3.2.4.1 All required Proposal responses and submittals and any supplemental printed material referenced with the RFP must be submitted and received in accordance with the instructions in Section 2.2.4 on or before the time and date specified. NOTE: all submissions must be named in accordance with the naming convention indicated in 2.2.4
3.2.4.2 The materials submitted must be enclosed in a sealed envelope (box or container); the package must show clearly the submittal deadline; the RFP number must be clearly visible; and name and the return address of the Respondent must be clearly visible.
3.2.4.3 Late Proposal responses properly identified will be returned to Respondent unopened. Late responses will not be considered under any circumstances.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 18 3.2.4.4 Telephone Proposal responses are not acceptable when in response to the Request for Proposal.
3.2.4.5 Facsimile (“FAX”) Proposal Responses are not acceptable when in response to this Request for Proposal.
3.2.5 Withdrawal or Modification: No Proposal response may be changed, amended, modified by telegram or otherwise, after the same has been submitted or filed in response to this solicitation, except for obvious errors in extension of deadline by addenda. However, a proposal may be withdrawn and resubmitted any time prior to the time set for receipt of proposals. No proposal may be withdrawn after the submittal deadline without approval by the University which shall be based on Respondent’s submittal, in writing, of a reason acceptable to the University.
3.2.6 Validity Period: Proposal responses are to be valid for the University's acceptance for a minimum of 120 calendar days from the submittal deadline date to allow time for evaluation, selection, and any unforeseen delays. Proposals, if accepted, shall remain valid for the life of the Contract
3.3 Terms and Conditions: The General Terms and Conditions (ref. Section 4) shall govern any contract issued as a result of this solicitation (RFP), except as provided in 3.3.1. below.
3.3.1 All Respondents must comply with the requirements listed on any Notice to Respondents, Proposal Requirements, Specifications/Service Requirements, and General Terms and Conditions herein. In the event there is a conflict expressed in this document, the provision requiring the Respondent to supply the better quality or greater quantity shall prevail, or if such conflict does not involve quality or quantity, then interpretation will be in the following order of precedence: 1. Specifications 2. Contract form including general conditions 3. General Terms and Conditions 4. Proposal Requirements 5. Notice to Respondents
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 19 SECTION 4
GENERAL TERMS AND CONDITIONS
4.1 General: These General Terms and Conditions shall be made a part of and govern any Purchase Order and/or Contract, if any, resulting from this Request for Proposal.
4.2 Definitions: Whenever the following terms are used in these General Terms and Conditions or in the other Contract Documents the intent and meaning shall be interpreted as follows:
4.2.1 Project shall mean the complete undertaking by Contractor to provide the goods and/or services contemplated by the Contract.
4.2.2 Respondent shall mean the individual, partnership, corporation, or other entity responding to this RFP.
4.2.3 University shall mean The University of Texas at Austin, Austin, Texas.
4.3 Payment:
4.3.1 Prior to ten (10) calendar days before the end of each calendar month during the term of this Agreement, Contractor shall submit to the University an application for payment covering the services performed to that date, which application shall be accompanied by lien waivers and other forms, statements, invoices, and payroll reports that the University may reasonably require to support the amount requested and to be submitted. The University will, within thirty (30) calendar days from the date it receives an acceptable application and supporting documentation for payment, approve or disapprove the amount reflected in such application and if the University approves such amount or any portion of such amount, it shall promptly pay to Contractor the amount so approved, provided Contractor is not in breach of or in default under this Agreement. If the University disapproves any amount requested by Contractor, the University shall give Contractor specific reasons for its disapproval in writing.
4.3.2 The cumulative amounts of monthly progress payments as set forth in this Article ("Progress Payment") shall not exceed the amount of Contractor’s total price, previously approved and accepted by the University, for the goods or services hereunder.
4.3.3 Ten (10) calendar days after final completion of the goods or services and acceptance thereof by the University or as soon thereafter as possible, Contractor shall submit a final request ("Final Request") which shall set forth all amounts due and remaining unpaid to Contractor and upon approval thereof by The University, The University shall pay to Contractor the amount due ("Final Payment") under such Final Request.
4.3.4 Any provision hereof to the contrary notwithstanding, The University shall not be obligated to make any payment (whether a Progress Payment or Final Payment) to Contractor hereunder if any one or more of the following conditions precedent exist: HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 20
4.3.4.1 Contractor is in breach or default;
4.3.4.2 Any part of such payment is attributable to goods or services which are not performed in accordance with this Contract, provided, however, such payment shall be made as to the part thereof attributable to goods and services which are performed in accordance with this Contract, or the resultant purchase order or agreement;
4.3.4.3 Contractor has failed to make payments promptly to its consultants, subcontractors, suppliers, or other third parties used in connection with the goods or services for which the University has made payment to Contractor; or
4.3.4.4 If The University, in its good faith judgment, determines that the portion of the compensation then remaining unpaid will not be sufficient to complete the goods or services in accordance with this Contract, no additional payments will be due Contractor hereunder unless and until Contractor, at its sole cost, performs a sufficient portion of the goods and services so that such portion of the compensation then remaining unpaid is determined by the University to be sufficient to so complete the goods and services.
4.3.5 No partial payment made hereunder shall be or construed to be final acceptance or approval of that part of the goods or services to which such partial payment relates or relieve Contractor of any of its obligations hereunder with respect thereto.
4.3.6 Contractor shall promptly pay all bills for labor and material performed and furnished by others in connection with the performance of its obligations pursuant to this Contract.
4.3.7 The acceptance of Final Payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the Final Request for payment.
4.3.8 The University shall have the right to verify the details set forth in Contractor's billings, certificates, and statements, either before or after payment therefore, by: (1) inspecting the books and records of Contractor at mutually convenient times; (2) examining any reports with respect to this Project; (3) interviewing Contractor's business employees; (4) visiting any place where performance of all or a portion of the Project occurs; and (5) other reasonable action.
4.3.9 Invoices must reference the University RFP and Contract number and must agree in every detail with the Contract.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 21 4.4 Compliance with Law: Contractor is aware of, is fully informed about, and in full compliance with its obligations under existing applicable law and regulations, including Title VI of the Civil Rights Act of 1964, as amended (42 USC 2000(D)), Executive Order 11246, as amended (41 CFR 60-1 and 60-2), Vietnam Era Veterans Readjustment Act of 1974, as amended (41 CFR 60-250), Rehabilitation Act of 1973, as amended (41 CFR 60- 741), Age Discrimination Act of 1975 (42 USC 6101 et seq.), Non-segregated Facilities (41 CFR 60-1), Omnibus
4.4.1 Budget Reconciliation Provision, Section 952, Fair Labor Standards Act of 1938, Sections 6, 7, and 12, as amended, Immigration Reform and Control Act of 1986, and Utilization of Small Business Concerns and Small Business Concerns Owned and Controlled by Socially and Economically Disadvantaged Individuals (PL 96- 507), the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.), the Civil Rights Act of 1991 and all laws and regulations and executive orders as are applicable.
4.5 Indemnification
4.5.1 To the fullest extent permitted by applicable law, the Contractor and its agents, partners, employees, and consultants (collectively "indemnitors") shall and do agree to indemnify, protect, defend with counsel approved by the University, and hold harmless the University and the University of Texas System, its affiliated enterprises, representatives of the University, and their respective officers, directors, regents, partners, employees and agents (collectively "indemnitees") from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses, including attorney fees, of any nature, kind, or description (collectively "liabilities") of any person or entity whomsoever arising out of, caused by, or resulting from the performance of services, or provision of goods, by Contractor pursuant to this contract, or any part thereof, which are caused in whole or in part by any negligent act or omission of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts it may be liable even if it is caused in part by the negligence or omission of any indemnitee, so long as it is not caused by the sole negligence or willful misconduct of any indemnitee. In the event more than one of the indemnitors are connected with an accident or occurrence covered by this indemnification, then each of such indemnitors shall be jointly and severally responsible to the indemnitees for indemnification and the ultimate responsibility among such indemnitors for the loss and expense of any such indemnification shall be settled by separate proceedings and without jeopardy to any indemnitee. The provisions of this article shall not be construed to eliminate or reduce any other indemnification or right which the University or any of the indemnitees has by law.
4.5.2 Contractor shall protect and indemnify the University from and against all claims, damages, judgments and loss arising from infringement or alleged infringement of any United States patent, or copyright, arising by or out of any of the services performed or goods provided hereunder or the use by Contractor, or by the University at the direction of Contractor, of any article or material, provided that upon becoming aware of a suit or threat of suit for patent or copyright infringement, the University shall promptly notify Contractor and Contractor shall be given full opportunity to negotiate a settlement. Contractor does not warrant against infringement by reason of the University's design of articles or the use thereof in combination with other
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 22 materials or in the operation of any process. In the event of litigation, the University agrees to cooperate reasonably with Contractor and parties shall be entitled, in connection with any such litigation, to be represented by counsel at their own expense.
4.5.3 The indemnities contained herein shall survive the termination of any agreement or purchase order for any reason whatsoever.
4.6 Force Majeure: If either the University or Contractor (individually, a “Party”) is delayed at any time in the performance of its obligations hereunder by economic industry-wide strikes, fire, unusual delay in deliveries, unavoidable casualties, or other causes reasonably beyond such Party’s control and which could not have been reasonably anticipated by such Party, then the time for performance of such Party shall be extended by one (1) calendar day for each day of such delay.
4.7 Other Benefits: It is understood and agreed that no benefits, payments or considerations received by Contractor for the performance of services associated with and pertinent to the resultant Contract shall accrue, directly or indirectly, to any employees, elected or appointed officers or representatives, or any other person identified as agents of, or who are by definition an employee of, the State.
4.8 Non-Disclosure: Contractor and the University acknowledge that they or their employees may, in the performance of the resultant Contract, come into the possession of proprietary or confidential information owned by or in the possession of the other. Neither party shall use any such information for its own benefit or make such information available to any person, firm, corporation, or other organization, regardless of whether directly or indirectly affiliated with Contractor or the University, unless (i) required by law, (ii) by order of any court or tribunal, (iii) such disclosure is necessary for the assertion of a right, or defense of an assertion of a right, by one party against the other party hereto, or (iv) such information has been acquired from other sources.
4.9 Publicity: Contractor agrees that it shall not publicize this Contract or disclose, confirm or deny any details thereof to third parties or use any photographs or video recordings of the University's employees or use the University's name in connection with any sales promotion or publicity event without the prior express written approval of the University.
4.10 Severability: In case any provision hereof, or of any resulting agreement or purchase order, shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision thereof, and this Contract shall be construed as if such invalid or unenforceable provision had not been included herein.
4.11 Non-Waiver of Defaults: No delay or omission by either of the parties hereto in exercising any right or power accruing upon the non-compliance or failure of performance by the other party hereto of any of the provisions of this Contract shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions or agreements thereof to be performed by the other party hereto shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition or agreement therein contained.
4.12 Assignment: The agreement with Contractor is a personal service contract for the services of Contractor, and Contractor's interest in such agreement, duties there under and/or fees due
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 23 there under may not be assigned or delegated to a third party. The benefits and burdens of this agreement are, however, assignable by the University.
4.13 Assignment of Overcharge Claims: Contractor hereby assigns to the University any and all claims for overcharges associated with the Contract arising under the antitrust laws of the United States, 15 U.S.C.A., Sec. 1 et seq. (1973), or arising under the antitrust laws of the State of Texas, Texas Business and Commerce Code Annotated, Sec. 15.01, et seq. (1967).
4.14 Observance of the University Rules and Regulations: Contractor agrees that at all times its employees will observe and comply with all regulations of the facilities, including but not limited to, no use of tobacco products, and parking and security regulations.
4.15 NOTICES: Any notices required or permitted to be given shall be in writing and effective upon receipt and shall be sent by certified mail, return receipt requested, postage pre-paid, addressed as follows:
Please Note: Due to the COVID-19 pandemic, PMCS staff may not be available on site and mail services may be unavailable. Notices must be provided by email to [email protected] during this time. For more information on University operations, visit https://coronavirus.utexas.edu/campus-announcements.
• If to Contractor, to the Contractor's last known mailing address. • If to the University:
Mrs. Trina A. Bickford Manager, Contracts Project Management & Construction Services The University of Texas at Austin Facilities Complex Building #1, Rm. 2.102 1301 E. Dean Keeton St. Austin, TX 78722
4.16 DELINQUENCY IN PAYING CHILD SUPPORT Under Section 231.006, Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, proposal, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.
4.17 CERTAIN PROPOSALS AND CONTRACTS PROHIBITED Under Section 2155.004, a state agency may not accept a proposal or award a contract that includes proposed financial participation by a person who received compensation from the agency (directly or indirectly) to participate in preparing the specifications or request for proposals on which the proposal or contract is based.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 24 A state agency may not accept a proposal -- or award a contract -- to any individual not residing in this state or business entity not incorporated in, or whose principal domicile is not in this state, unless the individual or business entity: (1) holds a permit issued by the comptroller to collect or remit all state and local sales and use taxes that become due and owing as a result of the individual’s or entity’s business in this state; or (2) certifies that it does not sell tangible personal property or services that are subject to the state and local sales and use tax. If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted or awarded as described above, the state agency may immediately terminate the contract without further obligation to the vendor. If the certification required as described above is shown to be false, the vendor is liable to the state. This section does not create a cause of action to contest a proposal or award of a state contract. In the absence of a certification by the vendor as described above, the purchasing state agency shall determine if a prospective vendor holds a permit for the collection and remission of state and local sales and use taxes.
4.18 REQUIRED NOTICES OF WORKERS' COMPENSATION INSURANCE COVERAGE The Texas Workers' Compensation Commission has adopted a new rule, 28 TAC, sec. 110.110, relating to reporting requirements for building or construction projects for governmental entities. The rule applies to all building or construction contracts advertised for proposal on or after September 1, 1994. The rule implements sec. 406.096, Texas Labor Code, which requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The requirements of the new rule are set forth in paragraph 5.2.5 Workers' Compensation Insurance Coverage of the Uniform General Conditions.
4.19 PROPOSAL FORMS Proposals shall be submitted on the proposal forms furnished by Project Management & Construction Services, The University of Texas at Austin. No proposal will be considered that is qualified with conditional clauses, alterations or inclusion of items not called for in the proposal, or contains irregularities of any kind, which in the Owner's opinion disqualify the Proposer. Names of firms or joint ventures submitting proposals shall be the same on the proposal form and proposal security and all subsequently submitted documents (performance and payment bonds, insurance certificates, etc.) by the successful responsive and responsible low Proposer.
4.20 PROPOSAL LETTER OF BONDING CAPACITY All project Proposals that have a minimum dollar value of $25,000.00 or more shall require a letter from an approved Bonding Company indicating that the Respondent has bonding capacity equaling or exceeding the Maximum Possible Award (including consideration of additive alternates) of the Proposal submitted, and shall timely issue the applicable Payment and/or Performance Bonds in the amount of the awarded agreement. This Letter from the Bonding Company shall be submitted with the Proposal in Submittal No. 01, as stated in the RFP or Notice to Proposers.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 25 In Construction Manager at Risk, Design Build or Job Order Contracting Master RFPs, the letter from an approved bonding company shall be based on a minimum bonding capacity based on the maximum estimated value stated in the RFP, and shall indicate a timely issuance of the Payment and/or Performance Bonds in the amount of the respective Guaranteed Maximum Price (GMP) (or Job Order) agreement that require Bonding. This Letter from the Bonding Company shall be submitted with the Proposal in Submittal No. 01, as stated in the RFP or Notice to Proposers.
4.21 PERFORMANCE AND PAYMENT BONDS A Performance Bond in the amount of one hundred percent (100%) of the contract price will be required (if the contract amount exceeds $100,000.00).
A Payment Bond in the amount of one hundred percent (100%) of the contract price will be required (if the contract amount exceeds $25,000.00).
The successful Proposer will be required to furnish performance and payment bonds, if required as stated above, in the contract amount on the approved forms attached hereto this project specifications or latest edition issued with the contract at the time of the award. The bonds must be issued by one or more corporate sureties qualified to do business in Texas and acceptable to the Owner. All Bonds for values is excess of $100,000.00 shall be issued by Sureties that is a holder of a certificate from the US Secretary of the Treasury OR had REINSURED the amount in excess of $100,000.00 by a reinsurer holding such certificate.
NOTE: Performance and Payment Bonds are not required for OOL JOC solicitations.
4.22. PROPOSAL DISCREPANCIES Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.
4.23 CONTRACT COMPLETION TIMES By submitting their Proposal Form (or Section 7) on Competitive Sealed Proposals (CSP’s), Design-Build (DB), Construction Manager at Risk (CMR), or Job Order Contracting (JOC), the Respondent agrees to complete the Work within the time specified in the contract and in the RFP/Owner’s Special Conditions, Article 9. This includes all phased construction required by the Contract Documents, including multiple completion times for different phases.
4.24 PRE-PROPOSAL CONFERENCE The Proposer's attention is directed to The State of Texas Uniform General Conditions Article 3.3.1. concerning the Contractor's responsibilities for having visited the site prior to proposal submission. A pre-proposal conference may be held at least one (1) week prior to the proposal date. For Open Order Labor (OOL) JOC, as stated in the RFP, a mandatory Pre-Proposal Conference will be held and there will not be a site visit. Refer to the Notice to Proposers for the specific date and time of the pre-proposal conference, or the contact through whom a site visit may be arranged in the event no formal pre-proposal conference is held.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 26 4.25 PROPOSERS QUALIFICATIONS [For projects or solicitations using the Competitive Sealed Proposal selection process (CSP, CMR, DB and JOC, OOL, IDIQ) refer to the questions included within Section 8 of the RFP, and answer accordingly.]
For Conventional Bids, the following information (at a minimum) may be requested, prior to awarding the contract:
A. All work shall be done by a contracting firm with an experience record of principals and field supervisors with at least three (3) years in the acceptable performance of similar work to that proposal. Proposer shall be prepared to submit to the Owner on request:
1. A list of three (3) or more completed projects including at least two (2) projects similar in scope and size of the Work of this contract, which the prime Contractor has completed in the past five (5) years. Include names of Owners and Owner’s representatives on completed projects, and their respective telephone numbers. 2. Contractor shall submit the names, qualifications, certifications / licenses (if applicable) and experience information of the project manager, job site superintendent, and other significant personnel that will be on site and working on this project. In no case shall the Contractor attempt to perform the Work with inexperienced, unskilled and/or unsupervised or indirectly supervised workmen. 3. Contractor shall provide proof of Project Manager and Superintendent’s successful completion of the OSHA 30 certification (as required in AGC 7.7.16.). 4. Office Safety manual and example of Job Safety program as may be related to the specific safety requirements in the AGC Article 7. 5. List of major subcontractors that are planned to be used on this project and their relevant experience for this type of project.
B. The Owner may make such investigations as he deems necessary to determine the ability of the Proposer to perform the Work, and the Proposer shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of such Proposer fails to satisfy the Owner that such Proposer is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 27
C. The Proposer shall be prepared to submit on request the latest financial statement of his company, if requested by the Owner. In addition to this statement, additional information may also be required, including, but not necessarily limited to, the following:
1. When organized? 2. When and where incorporated? 3. Number of years engaged in this business under present firm's name. 4. List of major equipment owned by the company. 5. Has this company ever failed to complete work awarded to it? If so, where and why? 6. Has this company ever defaulted on a contract? If so, where and why? 7. Contracts now on-hand including approximate gross dollar amount.
4.26 TERMINATION OF PROPOSALS No proposal may be withdrawn or terminated for a period of one hundred-twenty (120) days subsequent to the opening date without consent of the Owner. Owner may request that this time be extended, with agreement of the Proposer.
4.27 PREVAILING WAGE RATES DETERMINATION Proposers are advised that the Texas Prevailing Wage Law will be administered in accordance with the policies and procedures set forth in the Uniform General Conditions, The Additional General Conditions and Owner’s Special Conditions for this project. The requirements for" The “Prevailing Wage Schedule” of rates for this project site is located in the Additional General Conditions for Travis County, Texas as well as all projects located outside of Travis County. The penalty for violation of prevailing wage rates is $60.00 per underpaid worker per day or portion thereof.
4.28 SUBCONTRACTORS NAMED Contractor shall provide a list of proposed subcontractors as may be required in Article XIII above or in Section 8 of an RFP.
4.29 CERTIFICATION OF FRANCHISE TAX STATUS Proposers are advised that the successful Proposer will be required to submit certification of franchise tax status as required by State Law (H.B. 175, Acts 70th Leg. R.S., 1987, Ch. 283, p. 3242). The Contractor agrees that each subcontractor and supplier under him/her will also provide a certification of franchise tax status to him/her.
4.30 CONTRACT ADMINISTRATION Proposers are advised that the successful Proposer will be required to attend a pre- construction conference before beginning work on the site. At the conference, the requirements and procedures involved in administering the Contract will be explained.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 28 4.31 OFFICIAL TIME CLOCK The specific clock will be identified and designated at the check-in desk for the Proposal opening. THE OFFICIAL CLOCK SHALL BE THE ONE IN THE LOBBY ACROSS FROM THE CHECK IN DESK AT PROJECT MANAGEMENT & CONSTRUCTION SERVICES, Rm. 2.102, FC 1, 1301 E. Dean Keeton St., Austin, TX 78722.
4.32 SALES AND USE TAXES Section 151.311, Tax Code, as amended October 1, 1993, permits the purchase free of state sales and use taxes of tangible personal property to be incorporated into realty in the performance of a contract for an improvement to realty for certain exempt entities that include The University of Texas at Austin. The section further permits the purchase tax- free of tangible personal property (other than machinery or equipment and its accessories and repair and replacement parts) for use in the performance of such a contract if the property is "necessary and essential for the performance of the contract" and "completely consumed at the job site." In addition, the section permits the purchase tax-free of a tangible service for use in the performance of such a contract if the service is performed at the job site and if "the contract expressly requires the specific service to be provided or purchased by the person performing the contract" or "the service is integral to the performance of the contract." See Paragraph 2.6 State Sales and Use Taxes of the Uniform General Conditions.
4.33 GOVERNING LAW This Contract, including, without limitation, this RFQ/RFP and any resulting agreement or purchase order, shall be construed and governed by the laws of the State of Texas.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 29 SECTION 5
SPECIFICATIONS
5.1 This RFP includes all requirements for necessary for submitting a Proposal including but not limited to drawings, specifications, proposal forms, Uniform General Conditions, Additional General Conditions, HUB Subcontracting forms, and contract forms, some of which may be incorporated by reference. All documents from this RFP, including any addenda issued, will be incorporated into any contract awarded as a result of this RFP.
Documents are posted electronically and interested parties may procure hard copies of the documents at their own expense. Information on obtaining hard copies is posted at https://pmcservices.utexas.edu/printing-plans-and-specs.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 30 SECTION 6
EXECUTION OF OFFER for MAJOR RENOVATION (CIP) HOGG MEMORIAL AUDITORIUM (HTH) (HMA)
RFP and CONTRACT NO.: 21CMR003
6.1 THIS EXECUTION OF OFFER MUST BE COMPLETED, SIGNED, AND RETURNED WITH RESPONDENT'S PROPOSAL. FAILURE TO COMPLETE, SIGN AND RETURN THIS EXECUTION OF OFFER WITH THE PROPOSAL MAY RESULT IN REJECTION OF THE PROPOSAL.
6.2 SIGNING A FALSE STATEMENT MAY VOID THE SUBMITTED PROPOSAL OR ANY AGREEMENTS OR OTHER CONTRACTUAL ARRANGEMENTS, WHICH MAY RESULT FROM THE SUBMISSION OF RESPONDENT’S PROPOSAL, AND THE RESPONDENT MAY BE REMOVED FROM ALL PROPOSER LISTS AT THE UNIVERSITY. A FALSE CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF CONTRACT AND, AT THE UNIVERSITY'S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING CONTRACT OR PURCHASE ORDER.
6.3 By signature hereon, Respondent acknowledges and agrees that (1) this RFP is a solicitation for proposal and is not a contract or an offer to contract; (2) the submission of a proposal by Respondent in response to this RFP will not create a contract between the University and Respondent; (3) The University has made no representation or warranty, written or oral, that one or more contracts with the University will be awarded under this RFP; and (4) Proposer shall bear, as its sole risk and responsibility, any cost which arises from Respondent's preparation of a response to this RFP.
6.4 By signature hereon, Respondent offers and agrees to furnish to the University the products and/or services more particularly described in its proposal, at the at the prices quoted in the proposal, and to comply with all terms, conditions and requirements set forth in the RFP documents and contained herein.
6.5 By signature hereon, Respondent affirms that he has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the submitted proposal.
6.6 By signature hereon, a corporate Respondent certifies that it is not currently delinquent in the payment of any Franchise Taxes due under Chapter 171, Texas Tax Code, or that the corporate Respondent is exempt from the payment of such taxes, or that the corporate Respondent is an out-of-state corporation that is not subject to the Texas Franchise Tax, whichever is applicable.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 31
6.7 By signature hereon, the Respondent hereby certifies that neither the Respondent nor the firm, corporation, partnership or institution represented by the Respondent, or anyone acting for such firm, corporation, or institution has violated the antitrust laws of this state, codified in Section 15.01, et. seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the proposal made to any competitor or any other person engaged in such line of business.
6.8 By signature hereon, Respondent represents and warrants that:
6.8.1 Respondent is a reputable company regularly engaged in providing products and/or services necessary to meet the terms, conditions and requirements of the RFP;
6.8.2 Respondent has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the terms, conditions and requirements of the RFP;
6.8.3 Respondent is aware of, is fully informed about, and is in full compliance with all applicable federal, state and local laws, rules, regulations and ordinances;
6.8.4 Respondent understands (i) the requirements and specifications set forth in this RFP and (ii) the terms and conditions set forth in the Contract under which Respondent will be required to operate;
6.8.5 Respondent, if selected by the University, will maintain insurance as required by the Contract;
6.8.6 All statements, information and representations prepared and submitted in response to this RFP are current, complete, true and accurate. Respondent acknowledges that the University will rely on such statements, information and representations in selecting the Successful Respondent. If selected by the University as the Successful Respondent, Respondent will notify the University immediately of any material change in any matters with regard to which Respondent has made a statement or representation or provided information.
6.9 By signature hereon, Respondent certifies that the individual signing this document and the documents made part of the RFP is authorized to sign such documents on behalf of the company and to bind the company under any agreements or other contractual arrangements, which may result from the submission of Respondent’s proposal.
6.10 By signature hereon, Respondent certifies that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Resident Respondent as defined in Rule 1 TAC 111.2.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 32 6.11 By signature hereon, Respondent certifies as follows:
6.11.1 “Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”
6.11.2 “Under Section 2155.004, Texas Government Code, the vendor or applicant certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.”
6.11.3 “Under Section 2254.004, Texas Government Code, the vendor or applicant certifies that each individual or business entity which is an engineer or architect proposed by Respondent as a member of its team was selected based on demonstrated competence and qualifications only.”
6.12 By signature hereon, Respondent certifies that no relationship, whether by relative, business associate, capital funding agreement or by any other such kinship exist between Respondent and an employee of any the University of Texas component, or Respondent has not been an employee of any the University of Texas component within the immediate twelve (12) months prior to your RFP response. All such disclosures will be subject to administrative review and approval prior to the University entering into any contract with Respondent.
6.13 By signature hereon, Respondent affirms that no compensation has been received for participation in the preparation of the specifications for this RFP. (ref. Section 2155.004 Texas Government Code).
6.14 Respondent represents and warrants that all articles and services quoted in response to this RFP meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Law (Public Law 91-596) and its regulations in effect or proposed as of the date of this solicitation.
6.15 By signature hereon, Respondent signifies his compliance with all federal laws and regulations pertaining to Equal Employment Opportunities and Affirmative Action.
6.16 By signature hereon, Respondent agrees to defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings, costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of Respondent or any agent, employee, subcontractor, or supplier of Respondent in the execution or performance of any agreements or other contractual arrangements which may result from the submission of Respondent’s proposal.
6.17 By signature hereon, Respondent agrees that any payments that may become due under any agreements or other contractual arrangements which may result from the submission of Respondent’s proposal will be applied towards any debt including, but not limited to, delinquent taxes and child support that is owed to the State of Texas.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 33 6.18 By signature hereon, Respondent certifies that no member of the Board of Regents of The University of Texas System or the Executive Officers of the University of Texas System or its component institutions, has a financial interest, directly or indirectly, in the transaction that is the subject of the contract.
Please complete the following:
Respondent’s University of Texas EID No: ______(If previously assigned) Respondent’s State of Texas Tax Account No: (This 11 digit number is mandatory)
If a Corporation: Respondent’s State of Incorporation: ______
Respondent’s Charter No.: ______
Please identify by name each person who owns at least 25% of Respondent’s business entity:
______Name
______Name
______Name
______Name
Submitted and Certified By:
______(Respondent’s Name) (Authorized Signature)
______(Date) (Printed Name/Title)
______(Telephone Number) (Facsimile Number)
______(Street Address) (City, State, Zip Code)
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 34 SECTION 7 (ref 2.9.1.1) PRICING AND DELIVERY SCHEDULE
for
MAJOR RENOVATION (CIP) HOGG MEMORIAL AUDITORIUM (HTH) (HMA)
RFP and CONTRACT NO.: 21CMR003
Submission Date:______PROPOSAL submitted by
(Full Legal Name of Firm Responding)
(Respondent Web Site Address) (if available)
(Contact Email Address)
(Street Address)
(City) (State) (Zip)
(Mailing Address)
(City) (State) (Zip)
(Telephone No.) (Fax No.)
(UT Vendor Identification No. - VIN#) [State or Federal Tax No. (EIN)]
Mrs. Trina A. Bickford Manager, Contracts Project Management & Construction Services The University of Texas at Austin 1301 E. Dean Keeton Street. Rm. 2.102 Austin, TX 78722
Dear Mrs. Bickford:
Having carefully examined the UNIFORM GENERAL CONDITIONS, ADDITIONAL GENERAL CONDITIONS, OWNER’S SPECIAL CONDITIONS, the Drawings and Specifications and addenda thereto, as prepared by and for Project Management & Construction Services, The University of Texas at Austin, as well as the Project premises and all the conditions affecting the work, the undersigned proposes to furnish all labor, materials, and equipment necessary to complete the entire work in accordance with the Contract Documents for the following sum:
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 35 Dollar amounts for Base Proposal and all Alternates (if any) shall be shown in both written and figure form. In case of discrepancy between the written amount and the figure, the written amount will govern.
7.1 Pricing Schedule for MAJOR RENOVATION (CIP), HOGG MEMORIAL AUDITORIUM (HTH) (HMA)
7.1a. A Lump Sum not to exceed amount for Pre-construction phase services fees pursuant to Article 7.01 of the Agreement and related Terms and Conditions of this RFP:
___
7.1b A Fixed Percentage (%) not to exceed amount for Construction phase services fees pursuant to Article 7.02 of the Agreement and related Terms and Conditions of this RFP:
DURATION OF CONSTRUCTION:
The undersigned further agrees, if awarded the contract: All work for this project must begin on or about March 30, 2021 and must be completed by the end of the day on January 20, 2023.
ADDENDA:
Receipt is hereby acknowledged of the following addenda:
No. No. No. No. No.
LIQUIDATED DAMAGES:
For EACH PROJECT GMP indicated, the undersigned further agrees that, from the compensation otherwise to be paid, the Owner may retain the sum of Zero Dollars and no Cents ($0.00) for each calendar day after the Contract completion date in the individual GMPs, that the work remains incomplete, which sum is agreed upon as the proper measure of Liquidated Damages which the Owner will sustain per diem by the failure of Undersigned to complete the work at the time stipulated in the Contract. This sum is not construed in any sense as penalty. Liquidated damages shall be cumulative for each GMP project under construction.
Additional Liquidated Damages: NONE
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 36 PROPOSAL LETTER OF BONDING CAPACITY:
All project Proposals that have a minimum dollar value of $25,000.00 or more shall require a letter from an approved Bonding Company indicating that the Respondent has Bonding capacity equaling or exceeding the Maximum Possible Award (including consideration of additive alternates) of the Proposal submitted, and shall timely issue the applicable Payment Bond (and Performance Bond if the Maximum Possible Award is over $100,000.00) in the amount of the awarded agreement. This Letter from the Bonding Company shall be submitted with the Proposal in Submittal No. 01; as stated in the RFP or Notice to Proposers.
In Construction Manager at Risk, Design Build or Job Order Contracting Master RFP’s, the letter from an approved Bonding Company shall be based on a minimum Bonding Capacity based on the Maximum estimated value stated in the RFP, and shall timely issue the applicable Payment Bond (if maximum estimated value is over $25,000.00) and Performance Bond (if maximum estimated value is over $100,000.00) in the amount of the each awarded GMP (or Job Order) agreement that require Bonding. This Letter from the Bonding Company shall be submitted with the Proposal in Submittal No. 01; as stated in the RFP or Notice to Proposers.
WAGE RATES: (SEE CORRESPONDING ARTICLE 2.2 IN UGC AND AGC FOR MAIN REQUIREMENTS)
This project IS NOT funded or partially funded by Federal Funds. If Federally Funded, the Contractor is additionally required to follow all requirements related thereto indicated in the Additional General Conditions (AGC) Article 2.2.5.
PARTICIPATION BY HISTORICALLY UNDERUTILIZED BUSINESSES:
On all projects with a bid over $100,000.00, the Contractor agrees to submit a “HUB Subcontracting Plan” WITH ALL APPLICABLE ATTACHMENTS, at the time and date indicated in the Request for Proposals or applicable Addenda. It is further understood that the owner may reject any response that does not include a fully completed “HUB Subcontracting Plan” as required in the bid documents. All conditions of exhibit “H” included in the specifications shall be adhered to.
It is understood that the Owner reserves the right to accept or reject any and all Proposals and to waive Proposal irregularities. It is further agreed that this Proposal shall be valid and not withdrawn for a period of one hundred and twenty (120) calendar days from the date of opening thereof.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 37 ACCEPTANCE OF PROPOSAL OR AWARD OF CONTRACT:
By signing this proposal, the undersigned certifies that they are in compliance with all State laws applicable in offering proposals to a State entity including the following:
“Under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this Proposal or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.”
“Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, Proposal, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”
Respectfully submitted,
By (Original Signature)
Typed or Printed Full Name and Title
(Seal: If Proposal by a Corporation) Full Name of President of Corporation or Owner/Sole Proprietor of Non-Corporation
Full Name of Corporate Secretary
Fill in the applicable information: A Corporation, chartered in the State of , authorized to do business in the State of Texas. A partnership, composed of , and . An individual, operating under the name of: . A Limited Liability Company, composed of , and . A Joint Venture, operating under the name of: .
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 38 SECTION 8 (ref 2.9.1.2)
RESPONDENT QUESTIONNAIRE AND EVALUATION CRITERIA for
MAJOR RENOVATION (CIP) HOGG MEMORIAL AUDITORIUM (HTH) (HMA)
RFP and CONTRACT NO.: 21CMR003
Respondents are requested to submit a complete response to each of the below listed items. Responses requiring additional space should be brief and submitted as an attachment to your proposal package. Please reference each response by its item number indicated below.
1. CRITERION: THE RESPONDENT’S (FIRM’S) ABILITY TO PERFORM THE CONSTRUCTION SERVICES FOR THE PROJECT:
1.1 GENERAL INFORMATION: 1.1.1 Legal name of the company:
1.1.1.1 The number of years the firm has been in business under this name:
1.1.1.2 Former business name and other assumed names if applicable:
1.1.1.3 Mailing and street address of office, which would be providing service:
(mailing address)
(city, state, zip)
(physical street address)
(city, state, zip)
1.1.1.4 Mailing and street address of Principle or headquarters office:
(mailing address)
(city, state, zip)
(physical street address)
(city, state, zip)
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 39 1.1.1.5 Type of operation (check one): Individual: __ Partnership: __ Corporation: __ Government: __ 1.1.1.6 Number of employees assigned to the office which would be providing service: 1.1.1.7 Annual sales volume during the last five (5) years for the office which would be providing service: 1.1.1.8 Annual sales volume during the last five (5) years for the entire firm:
1.1.2 State that you will provide a copy of your company's financial statements for the past two (2) years, if requested by the University. 1.1.3 What is your firm’s maximum bonding capacity? 1.1.4 Is your company currently for sale or involved in any transaction to expand or to become acquired by another business entity? If yes, please explain the impact both in organization and company direction. 1.1.5 Provide any details of all past or pending litigation or claims filed against your company that would affect your company's performance under a Contract with the University. 1.1.6 Is your company currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity. If yes, specify date(s), details, circumstances, and prospects for resolution. 1.1.7 Does any relationship exist whether by relative, business associate, capital funding agreement or any other such kinship exist between your company and any University employee? If yes, please explain. 1.1.8 Provide examples of your company's service support philosophy, such as response to client inquiry of potential change and time to follow up with warranty issues.
2. CRITERION: THE RESPONDENT’S (TEAM’S) CAPABILITY TO PERFORM THE SPECIFIC CONSTRUCTION MANAGER AT RISK SERVICES FOR THE PROJECT:
2.1 IN HOUSE TEAM’S CONSTRUCTION MANAGER AT RISK PERFORMANCE ON CONSTRUCTION PROJECTS FOR INSTITUTIONS OF HIGHER EDUCATION (UNIVERSITIES AND COLLEGES) OR SIMILARLY COMPLEX FACILITIES WHICH MAINTAIN CONTINUOUS OPERATION DURING CONSTRUCTION (HOSPITALS, LABS, SEMI-CONDUCTOR, ETC.): 2.1.1 Name all key personnel (i.e., executives, Project Managers, superintendents, safety officers, estimators, etc.), which will be part of the construction management team for this project and fully describe their respective line of authority and responsibilities for the proposed project. In the event that the key personnel are not available, provide the same information on your proposed alternate Project Manager and Superintendent upon award of the project.
2.1.2 Provide detailed information for the above-proposed project team members to include (at a minimum): their specific experience and expertise with similar projects; the role they performed on those projects (i.e., Project Manager, Assistant Project Manager, Project Engineer, etc.); number of years with your company; their respective licenses and / or certifications; and their city of residence. (Note: Key HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 40 personnel must be committed to this project for its duration unless excused by the Owner.)
2.1.3 Provide a customer reference list of no less than three (3) projects with which Respondent currently has contracts with and/or has previously provided HISTORIC RENOVATION PROJECTS BOTH WITH EXTERIOR AND INTERIOR RESTORATION AND UPGRADES PROJECTS of equal type and scope within the past five (5) years. Reference list to include: company name; contact person and telephone number; project description; (i.e., year of project, summary of work performed, etc.); construction cost (include original cost and final construction cost); current phase of development; estimated (or actual) completion date; type of construction services provided (i.e., CM at Risk with GMP, CM- Agency, Design/Build, General Contractor-conventional bid, Negotiated General Contract); and the name and telephone number of the project architect.
2.1.4 In determining which projects are most related describe: related size, complexity and how they are similar; how many members of the proposed team worked on the listed project; and, how recently the project was completed. List the projects in priority order, with the most related project listed first.
2.2 YOUR SUBCONTRACTORS’ CAPABILITIES AND PERFORMANCE ON CONSTRUCTION PROJECTS FOR INSTITUTIONS OF HIGHER EDUCATION (UNIVERSITIES AND COLLEGES) OR SIMILARLY COMPLEX FACILITIES WHICH MAINTAIN CONTINUOUS OPERATION DURING CONSTRUCTION (HOSPITALS, LABS, SEMI-CONDUCTOR, ETC.):
2.2.1 List the major subcontractors that you plan to use with their relative expertise for Pre-construction phase services of this project.
2.2.2 Describe your methods to assure proper selection of competent sub-contractors while adhering to HUB requirements in Exhibit H.
2.2.3 Provide a customer reference list of no less than three (3) projects with which your Subcontractors currently have contracts with and/or have previously provided HISTORIC RENOVATION PROJECTS BOTH WITH EXTERIOR AND INTERIOR RESTORATION AND UPGRADES PROJECTS of equal type and scope within the past five (5) years.
2.2.3.1 Reference list to include: company name; contact person and telephone number; project description indicating how the project is equal in type and scope; length of business relationship and background of project (i.e., year of project, summary of work performed, etc.).
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 41 3. CRITERION: THE RESPONDENT’S DEMONSTRATED TECHNICAL AND MANAGEMENT COMPETENCE AS A CONSTRUCTION MANAGER AT RISK WITH HISTORIC RENOVATION PROJECTS BOTH WITH EXTERIOR AND INTERIOR RESTORATION AND UPGRADES PROJECTS.
3.1 Describe the types of records, reports, monitoring systems, and information management systems, which your firm used in the management of the projects listed above. Describe how you used these systems for three (3) of the projects listed in response to this Section 8.
3.2 Describe your firm’s quality control program for each phase of this project and how you propose to control the quality of construction performed by your subcontractors.
3.3 Describe the way in which your firm develops and maintains project schedules utilizing the critical path method.
3.3.1 How often do you update schedules?
3.3.2 For three of the projects listed in response to this Section 8, provide examples of how these techniques were used. Include specific examples of scheduling challenges, and how your firm helped solve them.
3.3.3 What software tool will be used to develop the work progress schedule?
3.4 Describe your execution plan for meeting or shortening the Owner’s schedule during construction on past projects.
3.5 Describe your payment plan to the subcontractors and material suppliers.
4. CRITERION: THE RESPONDENT’S SAFETY RECORD SUPPORTED BY ACCURATE AND VERIFIABLE DATA:
4.1 Number of current employees. Note: For companies with ten (10) employees or less, RCR & DART rates should be zero as OSHA 1904 record keeping is not applicable.
4.2 Provide the following rating information (include worksheets for calculating RCR and DART; see footnotes 2 & 3 below chart):
Previous Year Previous Year NAICS¹ code: Most current year** 1** 2**
20__ 20__ 20__ OSHA Recordable Case Rate²
(RCR) DART (Calendar Days Away /
Restricted Time) Rate³ Number of Fatalities* Number of OSHA Violations* Worker’s Comp Experience
Modification Rate (EMR)
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 42 Foot Notes for table; 1 North American Industry Classification System (see http://www.bls.gov/bls/naics.htm) 2 For the past three years; rate = # of OSHA recordable cases x 200,000 ÷ total hours worked by all employees; refer to http://www.osha.gov/recordkeeping/index.html for determination of “recordable”. 3 For the past three years; rate = # of DART cases x 200,000 ÷ total hours worked by all employees. A DART is a work-related injury which results in an employee missing work, being put on restricted work or being placed into an alternate job. 4 The following will result with a zero score for only this Criteria 5 if: No 30-hour OSHA Training for both Superintendent and Project Manager; DART Rates above NAICS Industry Standard; and fatalities.
Note: *Please attach a detailed explanation of the circumstances and outcome of the investigation and corrective actions that have been implemented. **If ratings are determined to be excessive or are not available, then Contractor shall submit a written explanation for review.
4.3 Do both the project Superintendent and Project Manager have a current 30-hour OSHA Certification (as required by section 7.7.16 of the Additional General Conditions)? If so, please provide dates of training completion for both Superintendent and Project Manager and attach current certificates or proof of compliance with this training as a part of this proposal.
5. CRITERION: RESPONDENT’S CAPABILITY TO PERFORM THE SPECIFIC CONSTRUCTION MANAGER AT RISK SERVICES FOR THIS PROJECT AND YOUR PROJECT EXECUTION PLAN AND SCHEDULE:
5.1 Describe, in detail, your proposed project execution plan for performing the work required of this project and include your Pre-Construction program/process for managing subcontractors and material providers.
5.2 Describe challenges or circumstances unique to this project and your plan to manage those circumstances.
5.3 Describe your plan for partnering and team building at all levels for this project.
5.4 Provide a preliminary or outline Critical Path Method (CPM) schedule for this project.
5.5 Describe your firm’s start-up and subsequent commissioning procedures (close-out procedures) for this project.
5.5.1 Describe your firm’s procedures for dispute resolution among Owner, Contractor, and subcontractors or suppliers.
5.5.2 Include your experience in collaborating with both PSP and Owner during pre- construction services of each project. Describe what value pre-construction services brought to schedule, budget and project execution
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 43
5.6 Provide the following information about all critical long lead items that affect the critical time schedule of this project. this shall include all emergency generators, air handling units (AHU’s); make up air units; misc/ fans and devices; controls; pumps; filtration systems; panels; fixtures; specialty items; etc.
5.6.1 Name, location, contact of manufacturer.
5.6.2 Model number if applicable.
5.6.3 Will the equipment comply with requirements relating to delivery of equipment including proposed delivery date on site?
5.6.4 Will the equipment comply with the special requirements of the room, including all necessary maintenance areas needed to service the equipment (filter access, coil removal, code compliant etc)?
5.6.5 Are there any deviations proposed from the construction documents (specifications or drawings) or operational parameters?
6. CRITERION: RESPONDENT’S CAPABILITY TO ACHIEVE PROJECT CLOSE-OUT.
6.1 Provide a detailed schedule (that includes dates) of how Respondent proposes to achieve project close-out as specified in Article 12.3 of the Uniform General Conditions and Article 12.3 of the Additional Conditions of this RFP.
7. CRITERION: PROVIDE THE PROPOSED HOURLY RATES FOR ON-SITE PERSONNEL FOR GMP GENERAL CONDITIONS:
Project Superintendent /Hour
Field Engineer /Hour
Project Manager full time on-site /Hour
Safety Engineer /Hour
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 44
8. CRITERION: RESPONDENT’S BIM (BUILDING INFORMATION MODELING) CAPABILITY.
8.1 THE GOAL OF THE DESIGN TEAM ON THIS PROJECT IS TO DESIGN AND DOCUMENT THE PROJECT USING BUILDING INFORMATION MODELING (BIM). THE UNIVERSITY IS INTERESTED IN EXPLORING HOW THE BIM MODEL CAN BE USED DURING THE PROJECT TO FACILITATE BETTER INFORMATION SHARING, COORDINATION, PRICING, SCHEDULING, SITE LOGISTICS, SHOP DRAWINGS, AND FABRICATION.
8.1.1 Describe your Firm’s BIM capabilities.
8.1.2 Describe your Firm’s BIM experience, if any, citing specific projects and what was achieved on those projects.
8.1.3 Describe how your Firm might use BIM on this project.
9. CRITERION: RESPONDENT’S PAST EXPERIENCE WITH PROJECT HAVING LEED CERTIFICATION OR PROJECTS HAVING SUSTAINABLE COMPONENTS:
9.1 This project is aiming to achieve a Silver Rating under the LEED v4 Operations & Maintenance Certification for Existing Buildings. Describe your experience with LEED. Include examples of LEED projects, if applicable.
9.2 Describe if your Firm offers LEED Accreditation services in-house. If not, describe your method of helping achieve LEED Certification with an outside consultant.
9.3 UT and the design team are open to brainstorming creative ideas to advance sustainable design methodologies and building techniques throughout campus. Describe any instances that your Firm has brought innovative ideas to the table, specifically related to sustainable design.
10. CRITERION: RESPONDENT’S COVID-19 SAFETY PROTOCOLS
10.1 Briefly describe your COVID-19 safety protocol for construction sites as well as the office which would be providing services for this project.
10.2 Describe potential budget and schedule impacts this project could encounter due to the COVID-19 pandemic.
HMA CP685851 CONSTRUCTION MANAGER-AT RISK 01062021 RFP - 45 PAYMENT BOND
Surety Bond No. ______
STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS COUNTY OF }
That we, ______as Principal, and ______as Surety are hereby held and firmly bound unto the State of Texas as Obligee in the penal sum of ______Dollars $______for the payment whereof, the said Principal and Surety bind themselves, their heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
The conditions of this obligation are such that whereas the Principal entered into a certain Contract, hereto attached and made a part hereof, with the State of Texas, acting by and through the Board of Regents of The University of Texas System for and on behalf of, The University of Texas at Austin dated ______, ______, for ______(Project No. ______).
NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payments to all claimants as defined in Chapter 2253 of the Texas Government Code, as amended, of all persons supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, but otherwise it shall remain in full force and effect.
In the event that the Principal fails to promptly pay when due persons who have supplied labor, materials, or supplies used in the performance of said Contract, the Surety will, upon receipt of notice from the State of Texas or a claim in the form required by law, satisfy all undisputed balances due and make arrangements satisfactory to the interested parties to resolve all amounts disputed in good faith, but in no event shall the liability of the Surety for the Principal’s failure to promptly pay for labor, materials, or supplies exceed the penalty of this bond.
The Surety agrees to pay to the State of Texas upon demand all loss and expense, including attorney’s fees, incurred by the State of Texas by reason or on account of any breach of this obligation by Surety.
Provided further, that this bond is made and entered into for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said contract, and all such claimants shall have a direct right of action under the bond as provided in Section 2253.021, Texas Government Code, as amended. If any legal action is filed upon this bond, venue shall lie in the county where the said Contract is to be performed.
By signature hereon, if the amount of this bond exceeds $100,000, then the Surety attests that at the time the bond was executed (and Surety shall provide the Obligee with evidence of the following):
(1) it was a holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) had reinsured any liability in excess of $100,000 by a reinsurer holding a certificate of authority from the United States Secretary of the Treasury.
PMCS 041502 PAYBND-1 IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this ______day of ______, in the year ______, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
(SEAL) ______Principal ATTEST:
______By: ______(Signature) (Signature) ______(Typed Name and Title) (Typed Name and Title)
______Surety (SEAL) ATTEST: ______By: ______(Signature) (Signature) ______(Typed Name and Title) (Typed Name and Title)
Surety’s Texas Local Recording Surety’s Home Office Agent or Agent or Resident Agent: Servicing Agent:
______Name______(Signature) ______Title______(Typed Name)
License No.:______Address: ______
File No.: ______
Address: ______Telephone No. ______
______
Telephone No. ______
PMCS 041502 PAYBND-2 PERFORMANCE BOND
Surety Bond No. ______
STATE OF TEXAS } KNOW ALL MEN BY THESE PRESENTS COUNTY OF }
That we, ______as Principal, and ______as Surety are hereby held and firmly bound unto the State of Texas as Obligee in the penal sum of ______Dollars $______for the payment whereof, the said Principal an Surety bind themselves, their heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
The conditions of this obligation are such that whereas the Principal entered into a certain Contract, hereto attached and made a part hereof, with the State of Texas , acting by and through the Board of Regents of The University of Texas System for and on behalf of, The University of Texas at Austin dated ______, ______, for ______(Project No. ______).
NOW, THEREFORE, the condition of the obligation is such that, if the Principal shall faithfully perform the Contract in accordance with the Plans and Specifications and Contract Documents, and shall fully indemnify and save harmless the State of Texas from all cost and damage which the State of Texas may suffer by reason of Principal’s default or failure so to do and shall fully reimburse and repay the State of Texas all outlay and expense which the State of Texas may incur in making good any such default, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
In the event the Principal is declared in default under the said Contract, the Surety will, within fifteen (15) days of the State of Texas’ declaration of such default, take over and assume completion of said Contract and become entitled to the payment of the balance of the Contract Price. Conditioned upon the Surety’s faithful performance of its obligations, the liability of the Surety for the Principal’s default shall not exceed the penalty of this bond.
The Surety agrees to pay to the State of Texas upon demand all loss and expense, including attorney’s fee, incurred by the State of Texas by reason of or on account of any breach of this obligation by Surety.
This bond is issued pursuant to the requirements in Section 2253.021, Texas Government Code, as amended.
Provided further, that if any legal action be filed upon this bond, venue shall lie in the county where the said Contract is to be performed.
Provided further, that the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the said Contract, or to the work to be performed there under, or the Specifications accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition, to the terms of the Contract or to the work or to the Specifications.
PMCS 041502 PERBND-1 By signature hereon, if the amount of this bond exceeds $100,000, then the Surety attests that at the time the bond was executed (and Surety shall provide the Obligee with evidence of the following): (1) it was a holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) had reinsured any liablitiy in excess of $100,000 by a reinsurer holding a certificate of authority from the United States Secretary of the Treasury.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their several seals this ______day of ______, in the year ______, the name and corporate seal of each corporate party being hereto affixed, and these presents duly signed by its undersigned representative pursuant to authority of its governing body.
(SEAL) ______Principal ATTEST:
______By: ______(Signature) (Signature) ______(Typed Name and Title) (Typed Name and Title)
______Surety (SEAL) ATTEST: ______By: ______(Signature) (Signature) ______(Typed Name and Title) (Typed Name and Title)
Surety’s Texas Local Recording Surety’s Home Office Agent or Agent or Resident Agent: Servicing Agent:
______Name______(Signature) ______Title______(Typed Name) License No.:______Address: ______
File No.: ______
Address: ______Telephone No. ______
______
Telephone No. ______
PMCS 041502 PERBND-2 Contract Number: XXCMR00X.0 CP Number: CPXXXXXX WO Number: XXXXXXXX
EXHIBIT A
CONSTRUCTION MANAGEMENT-AT-RISK AGREEMENT
This Construction Management-at-Risk Agreement ( "Agreement”) is entered into effective as of the «Initial_Authorization_Day» day of «Initial_Authorization_Month» in the year «Initial_Authorization_Year», (the “Effective Date”), by and between THE UNIVERSITY OF TEXAS AT AUSTIN, hereinafter referred to as "Owner," and «Legal_Name», a «Business_Type», located at «Street_Address», «City», «State» «ZIP», with a mailing address of «Mailing_Address», «City», «State» «ZIP» hereinafter also called "CONSTRUCTION MANAGER" (also hereinafter referred to as "Party" individually or "Parties” collectively).
ARTICLE I PROJECT
1.01 Owner intends to construct the CONSTRUCTION MANAGEMENT-AT RISK FOR «Legal_Name», «Legal_Name» («Legal_Name»), (the “Project”) for which Owner intends to achieve Substantial Completion (as defined in Owner’s Standard Uniform General and Supplementary Conditions) for all Stages of construction (as defined below) on or before «Initial_Authorization_Day». The Contract Time and the date by which Substantial Completion should be achieved will be established when and if Owner accepts Contract Manager’s Guaranteed Maximum Price (GMP) proposal or multiple proposals. All requirements of the original RFP dated «Initial_Authorization_Day»; any related Addenda and Construction Manager’s responses in sections 6, 7 and 8 are a part of this agreement.
1.02 For each consecutive calendar day after the completion period set forth in a Guaranteed Maximum Price (GMP) Proposal executed by the Parties that any Work, including the correction of deficiencies found during the final testing and inspection, is not completed, the amount of «Initial_Authorization_Day» and No/100 Dollars ($XXX.00) will be deducted from the money due or becomes due the Construction Manager, not as a penalty but as liquidated damages representing the parties’ estimate at the time of contract execution of the damages which the Owner will sustain for late completion. LIQUIDATED DAMAGE AMOUNTS MAY BE INCREASED WITH EACH GMP.
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ARTICLE II DEFINITIONS
2.01 Certain Definitions:
(a) Contract Documents: This Agreement, including Owner’s Standard Uniform General and Supplementary Conditions, Owner’s Special Conditions, Division I Specifications, all Addenda issued prior to the Effective Date, the Project Manuals developed for the construction of the Project or a portion thereof, all documents required thereunder, the Drawings and Specifications developed by the Design Consultant(s), and the Historically Underutilized Business Plan. The Contract Documents form the Contract between Owner and Construction Manager. Construction Manager shall perform all of its services and construct the Work (as defined below) pursuant to the entire Contract. Duties and obligations of Construction Manager which are described in this Agreement may be expanded or further defined by additional provisions of the other Contract Documents. “Construction Manager” shall be substituted for “Contractor” or “General Contractor” in Owner’s Standard Uniform General and Supplementary Conditions and Division I Specifications. (b) Construction Cost Limitation: The cost limit for construction which must not be exceeded as a result of the design of the Design Consultant and which may be stipulated in a contract with a Design Consultant. (c) Construction Phase: The implementation and execution of the construction work required by the Contract Documents. The construction of the Project may be divided into different stages each with different dates for implementation and completion (referred to as a “Stage”). (d) Project Team: The Owner, Construction Manager, Design Consultant(s), any separate contractors employed by Owner, and other consultants employed for the purpose of programming, design, and construction of the Project. The constitution of the Project Team may vary at different phases of the Project. The Project Team will be designated by Owner and may be modified from time to time by Owner. (e) Day: The calendar day unless otherwise specifically designated. (f) Design Consultant: Licensed professionals, or firms employing such licensed professionals, engaged by Owner as independent consultants for design of all or a portion of the Project Improvements and to prepare drawings and specifications for the construction of the Project (the “Drawings and Specifications”). More than one such professional or firm may be employed by Owner. (All such professionals or firms, regardless of number, may be referred to in the singular herein.) (g) Final Completion: As defined by Owner’s Standard Uniform and Supplementary General Conditions.
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(h) General Conditions Work: As defined in Texas Education Code subsection 51.776(7), as amended. (i) HUB Goals: The Historically Underutilized business goals set forth in Exhibit B and incorporated herein by reference and the plan to implement such goals. Because construction may be phased or staged, it may not be possible for Construction Manager to determine HUB participation for all projected Work until the scope of such Work is defined. Accordingly, Construction Manager shall update Exhibit B and resubmit Owner’s Good Faith Effort Program documentation for each phase, stage, or bid package. (j) Preconstruction Phase: The programming, schematic design, design development, construction documents and bidding phases. (k) Preliminary Project Cost (“PPC”): The total estimated cost of all project development, including design, construction, and other associated costs which are established prior to the commencement of design. (l) Project Construction Budget (“PCB”): The budget established for the site preparation and construction of all the Project Improvements and facilities relating to and being a part of the Project, which includes the Construction Cost Limitation and other costs specified by Owner. (m) Project Improvements: All Project facilities requiring construction, including all preparatory matters prior to construction, such as site preparation. (n) Standards and Standard Specifications: The construction and design requirements and standards of The University of Texas at Austin, and various building and life safety codes as specified which are hereby incorporated by reference. (o) Subcontractors: All trade contractors, separate contractors, and subcontractors entering into contracts (“Subcontracts”) with the Construction Manager for the performance of the Work. The relationship between the Construction Manager and the Subcontractors shall be that of a general contractor to its subcontractors unless otherwise approved in advance in writing by Owner, or except when Owner enters into a separate contract directly with a Subcontractor. (p) Substantial Completion (date of): As defined by Owner’s Standard Uniform General and Supplementary General Conditions. (q) Total Project Cost (“TPC”): The total budget established for the Project by the Owner at the end of the design development phase (subject to subsequent modification by Owner), which includes but is not limited to professional services costs, Construction Manager’s costs, the costs of the General Conditions items, furniture, fixtures and equipment costs, landscaping costs, moving costs, and other miscellaneous costs.
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(r) Work: The provision of all services, labor, materials, supplies, and equipment which are required or reasonably inferable to complete the Project in strict accordance with the requirements of the Contract Documents (as such may be modified or amended). The term “reasonably inferable” takes into consideration the understanding of the parties hereto that not every detail will be shown in the Contract Documents. The Construction Manager shall not be entitled to an increase in the Guaranteed Maximum Price (GMP) (as described in section 5.01(g)) due to the absence of any detail or specification the Contractor may require or for any construction which may be found necessary as the Work progresses in order to complete the construction of the Project. If an item or system is either shown or specified, all material and equipment required for the proper installation of such item or system and needed to make a complete operating installation shall be provided whether or not detailed or specified, omitting only such parts as are specifically excepted by the Owner. Notwithstanding the above, the Contractor shall not be responsible for design, except incidental designing/detailing as required by the Specifications for shop drawing purposes.
ARTICLE III DESIGNATION OF CONSTRUCTION MANAGER AND DUTIES
3.01 The Owner hereby designates and appoints the Construction Manager and authorizes the Construction Manager to so act in connection with the scope of work and services set forth and described in this Agreement.
3.02 Notwithstanding anything to the contrary contained in this Agreement, Owner and Construction Manager agree and acknowledge that Owner is entering into this Agreement in reliance on Construction Manager’s special and unique abilities with respect to performing its obligations hereunder, and Construction Manager’s special and unique abilities with respect to construction management. The Construction Manager accepts the relationship of trust and confidence established between it and the Owner by this Agreement. Construction Manager covenants with Owner to use its best efforts, skill, judgment, and abilities to perform the services hereunder and to further the interests of Owner in accordance with Owner’s requirements and procedures, in accordance with the highest standards of Construction Manager’s profession or business and in compliance with all applicable national, federal, state, municipal, laws, regulations, codes, ordinances, orders and with those of any other body having jurisdiction. Construction Manager warrants, represents, covenants, and agrees that there are no obligations, commitments, or impediments of any kind that will limit or prevent performance of the services required hereunder.
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3.03 The Construction Manager warrants, represents, covenants, and agrees that all of the services to be performed by the Construction Manager under or pursuant to this Agreement shall be of the standard and quality which prevail among similar businesses and organizations of superior knowledge and skill engaged in providing similar services in major United States urban areas under the same or similar circumstances and involving a project such as the Project.
3.04 The Construction Manager’s duties as set forth herein shall at no time be in any way diminished by reason of any approval by the Owner nor shall the Construction Manager be released from any liability by reason of such approval by the Owner, it being understood that the Owner at all times is ultimately relying upon the Construction Manager’s skill and knowledge in performing the services required hereunder.
3.05 The Construction Manager warrants, represents, covenants, and agrees that all persons connected with the Construction Manager directly in charge of its services are duly registered and/or licensed under the laws, rules and regulations of any authority having jurisdiction, if so required by such laws, rules and regulations.
3.06 The Construction Manager warrants, represents, covenants, and agrees to call to Owner’s attention anything of any nature in any drawings, specifications, plans, sketches, instructions, information, requirements, procedures, and other data supplied to the Construction Manager (by the Owner or any other party) which it regards in its opinion as unsuitable, improper, or inaccurate in connection with the purposes for which such document or data is furnished. Nothing shall excuse or detract from the Construction Manager’s responsibilities or obligations hereunder in a case where such document or data is furnished unless the Construction Manager advises Owner in writing that in its opinion such document or data and any requests made therein for action are unsuitable, improper, or inaccurate and Owner confirms in writing that it wishes the Construction Manager to proceed in accordance with the data as originally given.
3.07 The Construction Manager warrants, represents, covenants, and agrees to furnish efficient business administration and superintendence and perform its services hereunder or pursuant to this Agreement in the best way and in the most expeditious and economical manner consistent with the interests of Owner.
3.08 The Construction Manager warrants, represents, covenants, and agrees that it shall, at its own cost, make good any defects in the Preconstruction Phase Services as soon as the Construction Manager becomes aware of such defects or is notified of such defects. Should the Construction Manager refuse or neglect to make good such defects within a reasonable time after receiving notice requesting such remedial work, then the Owner shall be entitled to make good such defective services at the expense of the Construction Manager. This commitment by Construction Manager is in addition to, and not in substitution for,
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any other remedy for defective Services which the Owner may have at law or in equity. Construction Manager’s obligations with respect to Construction Phase Services are set forth in Owner’s Standard Uniform General and Supplementary Conditions and elsewhere as may be noted.
3.09 Construction Manager warrants, represents, and agrees that if (i) it is a corporation or limited liability company, then it is a corporation duly organized, validly existing and in good standing under the laws of the State of Texas, or a foreign corporation or limited liability company duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary corporate power and has received all necessary corporate approvals to execute and deliver the Agreement, and the individual executing the Agreement on behalf of Construction Manager has been duly authorized to act for and bind Construction Manager; or (ii) if it is a partnership, limited partnership, or limited liability partnership, then it has all necessary partnership power and has secured all necessary approvals to execute and deliver this Agreement and perform all its obligations hereunder; and the individual executing this Agreement on behalf of Construction Manager has been duly authorized to act for and bind Construction Manager.
3.10 Neither the execution and delivery of this Agreement by Construction Manager nor the performance of its obligations hereunder will result in the violation of any provision, if a corporation, of its articles of incorporation or by-laws, if a limited liability company, of its articles of organization or regulations, or if a partnership, by any partnership agreement by which Construction Manager is bound, or any agreement by which Construction Manager is bound or to the best of the Construction Manager’s knowledge and belief, will conflict with any order or decree of any court or governmental instrumentality relating to Construction Manager.
3.11 Except for the obligation of Owner to pay Construction Manager certain fees and expenses pursuant to the terms of this Agreement, and to perform certain other obligations pursuant to the terms and conditions explicitly set forth herein, Owner shall have no liability to Construction Manager or to anyone claiming through or under Construction Manager by reason of the execution or performance of this Agreement. Notwithstanding any obligation or liability of Owner to Construction Manager, no present or future partner or affiliate of Owner or any agent, officer, director, employee, or regent of Owner, The University of Texas System, or of the components comprising The University of Texas System, or anyone claiming under Owner has or shall have any personal liability to Construction Manager or to anyone claiming through or under Construction Manager by reason of the execution or performance of this Agreement.
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ARTICLE IV CONSTRUCTION MANAGER’S PERSONNEL AND SUBCONTRACTORS
4.01 The Construction Manager’s personnel, and the Construction Manager’s associated sub consultants, to be employed in the Project, are identified in Exhibit B. The personnel and entities identified in Exhibit B shall not be changed except with the Owner’s prior written agreement, which shall not be unreasonably withheld.
4.02 All subcontracts shall be awarded in accordance with the applicable provisions of Texas Education Code section 51.782, as amended. Construction Manager shall notify Owner in advance in writing of the identities of all Subcontractors with which it intends to subcontract. Construction Manager shall not subcontract with any Subcontractor to which Owner has a reasonable objection. Such notice shall be given sufficiently in advance to permit Owner adequate time for review without delay to the Project, and allowing time for Construction Manager to make substitute selections, but in no event shall such notice be given less than ten (10) days before the intended subcontract date. Construction Manager shall not be required to subcontract with any Subcontractor to which it has reasonable objection, or if such subcontract is not, except as may be required otherwise by the applicable provisions of Texas Education Code section 51.782, as amended. If Construction Manager intends to submit a proposal for subcontract work, it shall notify Owner in writing prior to soliciting proposals from potential subcontractors. When Construction Manager’s Subcontractors for constructing the Work have been identified, they shall not be changed without Owner’s prior written approval, which shall not be unreasonably withheld. Construction Manager shall not incur any Subcontract costs prior to issuance by Owner of a Notice to Proceed for such Work.
4.03 Should Construction Manager propose the deletion of a Historically Underutilized Business (“HUB”) classified/certified subconsultant or Subcontractor firm from its employ, the Construction Manager shall substitute a subconsultant or Subcontractor firm of like classification/certification, and if Construction Manager is unable to substitute a subconsultant or Subcontractor firm of like classification, Construction Manager shall provide Owner with documentation of its efforts to acquire the services of a HUB replacement firm.
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ARTICLE V CONSTRUCTION MANAGER’S SERVICES:
PART 1: PRECONSTRUCTION PHASE SERVICES
5.01 In implementation of the responsibilities and duties of the Construction Manager as set forth herein, the Construction Manager shall perform, in accordance with the Schedule (as defined in Section 5.01(b)), the following Preconstruction Phase Services:
(a) General Coordination:
(1) Participate as a member of the Project Team in the development of-the Project Facility Program if such program has not been developed prior to the Effective Date of this Agreement. (2) Attend regular meetings with other members of the Project Team during the development of the design of the Project to advise them on site usage and site improvements, selection of materials, building systems and equipment, and methods of delivery of materials, systems, and equipment. (3) Provide recommendations and information to the other members of the Project Team on: construction feasibility; availability of materials and labor; time requirements for installation and construction; assignment of responsibilities for safety precautions and programs, temporary Project facilities; equipment, materials and services for common use of the Construction Manager and Owner’s separate contractors, if any; cost factors, including costs of alternative materials or designs, preliminary budgets, and possible cost savings; methods of verification for determining that the requirements and assignment of responsibilities are included in the proposed Contract Documents, and any other matters necessary to accomplish the Project in accordance with the Schedule (as defined below) and Project Construction Budget.
(4) At Owner’s request, attend public meetings and hearings concerning the development and schedule of the Project. (5) Implement and conduct a constructability program as set forth in Exhibit E hereto, which is hereby incorporated herein by reference. Whenever the term “value engineering” is used in conjunction with this Agreement or the Project, it has its commonly accepted meaning within the construction industry and does not imply the practice of professional engineering without a license. If any value engineering activities constitute the professional practice of engineering, then such activities shall be performed by an engineer licensed in Texas.
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(6) Develop and update a "Constructability Review" report which is a report resulting from frequent communication with the Project Team and which will outline items that in the Construction Manager’s opinion may cause problems in the way the Project is to be constructed and which will review the overall coordination of specifications and drawings, details and discrepancies that if left unattended may result in Change Orders or claims once Project construction commences. Constructability recommendations and documentation shall be in conformance with The University of Texas System Office of Facilities Planning and Construction Constructability Manual. (7) Creation and continuous updating of a decision tracking system in a format acceptable to Owner. (8) Attend and participate in Owner’s “Partnering” Program for all phases of the Project.
(b) Scheduling:
(1) Develop a critical path Project schedule ("Schedule") for the other Project Team members' review and the Owner’s approval, that coordinates and integrates the Construction Manager’s services, the Design Consultant's design, the work of other consultants and suppliers, and the Owner’s activities with the anticipated construction schedules for other contractors. (2) Update the Schedule as is reasonably required but at least monthly to incorporate an updated, detailed listing for all activities of the Project, including, without limitation: a) commencement, milestone and completion dates for Facility Program Phase, Schematic Design Phase, Design Development Phase, Construction Documents Phase, Bidding/Proposals Phase, construction phasing and Project Stages; b) times of commencement and completion for each Subcontractor;
c) required activity sequences and durations; d) contract document packages, completion dates, Owner contract document package review periods, Project building permits acquisition time requirements, construction contract bid dates; e) processing of shop drawings and samples; f) a recommended schedule for the Owner’s purchase of materials and equipment requiring long lead time procurement, delivery dates of products requiring long lead time procurement, and methods to expedite and coordinate
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delivery of long lead time procurements including coordination of the Schedule with the early preparation of relevant portions of the Contract Documents by the Design Consultant. A separate Schedule shall be prepared for each Stage and each set of bidding documents. (3) Provide the necessary critical path schedule control with a goal to attain the Substantial Completion of the Project on or before the date set forth hereinabove, so that the Owner can occupy and utilize the entire Project facilities on such date; and (4) Create and maintain the Schedule using the latest available version of Prolog, Suretrack or similar software program; (or combination thereof) on approval of the Owner. (the license and training for which shall be at Construction Manager’s sole expense).
(c) Budget and Cost Consultation:
(1) Obtain from Owner all Project service, materials and property costs and expenses not known directly by the Construction Manager, such costs to include, without limitation, Owner’s personnel costs, force account labor and special consultants.
(2) Prepare and update a Project budget during the schematic design phase, design development phase, and construction documents phase at Fifty percent (50%) and Ninety percent (90%) completion (for each Stage of each Project Package)(and/or as required in Exhibit D), for written approval by the Owner, such budget to include estimating, updating and reporting of all Project costs including, without limitation, construction, Design Consultant fees, fixtures, furnishings and equipment, special consultants and contractors, moving/relocation expenses, regardless of whether such costs are included in Owner’s PPC or TPC. The design development phase and construction documents phase estimates shall be detailed estimates derived from cost quantity surveys. Such cost quantity surveys shall be based upon unit prices for labor, materials, and overhead and profit, in Construction Specifications Institute Division 1-16 format for each portion of the Work. (3) Provide throughout the duration of the Project, updates of ongoing cost and budget impact, and provide continuous cost consultation services. Prepare and be responsible for all procurement and construction cost estimates. Advise the other members of the Project Team immediately if at any time the Construction Manager has knowledge or belief that the previously established PPC, TPC, PCB, or Schedule will not be met, and make recommendations to the Project Team for corrective action.
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(4) At the completion of the Construction Contract Documents (for any Stage of the Project), update and refine a comparison of actual and projected costs to the Project Construction Budget, and in the event such actual and projected costs exceed the original Project Construction Budget, develop and implement reasonable strategies to be approved by the Owner to reduce the costs projected to be incurred during all phases of the Project.
(d) Coordination of Design and Construction Contract Documents:
(1) Review all plans, specifications, and other design documents during the schematic design phase, design development phase, and construction documents phase, and advise Owner on site use, foundations, systems, materials, equipment, construction feasibility, availability of labor and materials, procurement time requirements, installation and construction, relative costs, and provide recommendations to Owner without assuming Design Consultants’ professional responsibility. (2) Coordinate the incorporation of the Owner’s Design Guidelines and Standard Specifications and procedures, including, without limitation, Site Construction Guidelines, all of which are hereby incorporated by reference, into the Construction Contract Documents, and use of the Owner’s format as directed by the Owner. (3) Assist in development of any Owner’s Special Conditions of the Construction Contract Documents, which shall be approved in writing by the Owner at Owner’s sole option and discretion.
(4) At specified times required by the Owner, review the drawings and Project Manual as they are being prepared, advise Owner of any error, inconsistency or omission discovered, and recommend alternative solutions whenever the design affects construction feasibility, budget, risks, or schedules (without assuming the Design Consultants’ professional responsibility). (5) Prepare a constructability review report based on Exhibit E and Owner’s Constructability Manual, a copy of which has been provided to Construction Manager at the time or times indicated therein. (6) Coordinate with the Owner to ensure that the Construction Contract Documents comply with all applicable State of Texas and The University of Texas System procurement requirements (without assuming any of the Owner’s responsibility therefor). (7) Consult with Owner and Design Consultant to determine what materials, equipment, component systems, and construction types should be included in the Contract Documents; suggest reasonable adjustments in the scope of the Project; and suggest alternate bids
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in the Construction Documents to adjust the Construction Cost to the Guaranteed Maximum Price (GMP) (as defined herein).
e) Construction Planning:
(1) Identify for and recommend to the Owner the need for purchase of items requiring extended delivery times ("long lead items"), and expedite the procurement of such items to ensure their delivery by the required dates. Participate with Design Consultant, as requested by Owner and subject to Owner’s prior approval, in the preparation of performance specifications and request for technical proposals for the procurement and installation of systems, components, and for the procurement of long lead time equipment and materials. If requested by Owner, and subject to Owner’s prior approval, issue requests for technical proposals to qualified sources and receive proposals and assist in their evaluation
(2) Make recommendations to the other members of the Project Team regarding the division of Contract Documents and Project Manual to facilitate the bidding and awarding of construction contracts, to allow for phased or staged construction, or multiple separate contracts, and to take into consideration such factors as time of performance, type and scope of work, availability of labor and materials, overlapping trade jurisdictions, provisions for temporary facilities, comparisons of factory and on-site production costs, shipping costs, code restrictions, the Owner’s goals for HUB contractor participation, and other constraints. (3) Review the Drawings and the Project Manual with the other members of the Project Team to eliminate areas of conflict and overlap in the work to be performed by the various Subcontractors or Owner’s separate contractors. (4) Schedule and conduct pre-bid conferences with interested bidders, subcontractors, material suppliers, and equipment suppliers, and record minutes of same. (5) Coordinate and develop with Design Consultant bid packages and work scope descriptions for each separate bid category that represent the entirety of the scope of the Work for each phase and stage of the Project. (6) In accordance with Texas Education Code section 51.782, as amended, Construction Manager shall publicly advertise and solicit either competitive bids or competitive sealed proposals from trade contractors or subcontractors for the performance of all major elements of the work other than the minor work that may be included in General Conditions. Construction Manager may seek to perform portions of the work itself if Construction Manager submits its bid or proposal for those portions of the work in the same manner as all other trade contractors or subcontractors and if
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Owner determines that Construction Manager’s bid proposal provides the best value for Owner. Owner’s determination in such matters is final. If Construction Manager intends to submit a proposal for such work, it shall notify Owner in writing prior to soliciting proposals. Criteria for determination of best value shall be provided by Owner. Construction Manager and Owner shall receive and open all trade contractor or subcontractor bids or proposals in a manner that does not disclose the contents of the bid or proposal during the selection process. All bids and proposals shall be made public within seven (7) days after the date of final selection. If Construction Manager reviews, evaluates, and recommends to Owner a bid or proposal from a trade contractor or subcontractor, but Owner requires a bid or proposal from another trade contractor or subcontractor to be accepted, then, pursuant to the terms of the Contract, Owner shall compensate Construction Manager by a change in price, time, or Guaranteed Maximum Price (GMP) for any additional cost and risk, which has been demonstrated to Owner’s satisfaction and as required by the Contract, which Construction Manager may incur because of Owner’s requirement that another trade contractor or subcontractor bid or proposal be accepted. (7) Assist the Owner, the appropriate separate Owner’s contractor, the appropriate Design Consultant or other consultant, in obtaining all applicable risk management, code, and regulatory agency reviews and approvals for the Project or any portion thereof including, without limitation, the Texas Higher Education Coordinating Board, the Texas Department of Licensing and Regulation, the fire department providing fire protection, and Factory Mutual Engineering, a wholly owned subsidiary of the Factory Mutual System. (8) Refine, implement and monitor the HUB Goals including the Good Faith Effort Program (included at Exhibit H) which promote equal employment opportunity in the provision of goods and services to the Owner for the Project. (9) Advise Owner of any tests to be performed, and assist Owner in selecting testing laboratories and consultants, without assuming direct responsibility for the work of such laboratories and consultants. (10) Construction Manager shall review the Contract Documents to ensure that they contain adequate provision for all temporary facilities necessary to enable the Subcontractors to perform their work, and provisions for all of the job site facilities necessary to manage, inspect, and supervise construction of the Work. (11) In accordance with Owner’s Standard Uniform General and Supplementary Conditions, Construction Manager is responsible for initiating, maintaining, and supervising all safety precautions
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and programs in connection with the Work. Construction Manager shall provide recommendations and information to Owner and Design Consultant with respect to the assignment of responsibilities for safety precautions and programs, temporary Project facilities, and equipment, materials, and services for common use of the Subcontractors. Verify that such assignments with respect to the Subcontractors are included in the Contract Documents. The existence or creation of any Owner controlled insurance program in connection with the Work shall in no way lessen or reduce the foregoing responsibilities set forth in this subparagraph of Construction Manager. (12) Provide an analysis of the types and quantities of labor required for the Project and review the appropriate categories of labor required for critical phases or Stages. Make recommendations for actions which will minimize adverse effects of labor shortages.
(f) Furniture, Fixtures and Equipment: Consult with and make recommendations to the Owner on the acquisition schedule for fixtures, furniture and equipment, and coordinate the Owner’s purchase and installation of such items with the Owner as may be required to meet the Schedule.
(g) Guaranteed Maximum Price (GMP):
(1) At the conclusion of the Design Development phase, or such other time as the Parties may agree upon when the Drawings and Specifications are sufficiently complete, Construction Manager shall submit a Guaranteed Maximum Price (GMP) proposal to Owner in the form attached hereto as Exhibit C which shall also state a Contract Time and date of Substantial Completion upon which the proposal is based. If Owner accepts the proposal, both parties shall sign the proposal and the Guaranteed Maximum Price (GMP), Contract Time and date of Substantial Completion therein shall become part of the Contract. Based on particular Project requirements and the development of the Project design, Owner, at its sole option and discretion, may specify a different format than that contained at Exhibit C, which is provided as an example only.
(2) Owner, at its sole option and discretion may reject the Guaranteed Maximum Price (GMP) proposal, attempt to renegotiate the proposal with Construction Manager (with the right to cease negotiations at any time and reject the proposal), or increase the Project Construction Budget. Construction Manager shall not withdraw its Guaranteed Maximum Price (GMP) proposal for ninety (90) days.
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(3) The Guaranteed Maximum Price (GMP) proposal must be prepared in the format specified by Owner which shall require a breakdown of estimated costs organized by trade, allowances, contingencies, Construction Manager’s Construction Phase Fee, and other approved items.
(4) The Guaranteed Maximum Price (GMP) proposal must include a written statement describing how it was derived and prepared, which shall include, at a minimum, Drawings and Specifications, addenda, Owner’s Standard Uniform General and Supplementary Conditions, allowances, all clarifications and assumptions made by the Construction Manager due to the incompleteness of the Drawings and Specifications, and assumptions as to when Contract Documents will be issued.
(5) In formulating the Guaranteed Maximum Price (GMP) proposal, Construction Manager shall allow for the continued development and completion of the Drawings and Specifications which are reasonably inferable, except for material changes in scope, and the Guaranteed Maximum Price (GMP) proposal shall include a Construction Manager’s contingency (GMP item 3) to allow for costs arising out of such development and completion which do not qualify for a change order. Amounts attributable to clarifications, assumptions, and further development and completion of the Drawings and Specifications shall be specified in an itemized breakdown as part of the proposal. Each use of the contingency reserve shall be documented with justification, amount and cost of work allocation, and be approved by the owner. Any unused portion shall be returned to the owner. GMP proposal may also include an Owner’s Allowance (GMP item 4) to cover cost of work for a specific scope, when the materials or quality of the materials have not been selected. Any unused portion shall be returned to the owner.
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ARTICLE VI CONSTRUCTION MANAGER’S SERVICES:
PART 2: CONSTRUCTION PHASE SERVICES
6.01 The Construction Phase shall be deemed to commence upon the earlier of (i) the date specified in a Notice to Proceed issued by Owner after approval by Owner of a Guaranteed Maximum Price (GMP) for the Work or portion of the Work specified in such Notice to Proceed, (ii) the issuance of a purchase order by Construction Manager for materials or equipment for the Project after prior written authorization by Owner, or (iii) award of a Subcontract in accordance with the requirements of this Contract and after prior written authorization by Owner. Preconstruction Phase Services may overlap Construction Phase Services. In implementation of the responsibilities and duties of the Construction Manager for the Construction Phase, the Construction Manager shall provide the following services:
(a) Project Control:
(1) Construction Manager shall construct the Work in strict accordance with the Contract Documents within the time required by the Schedule approved by Owner and as required by Owner’s Standard Uniform General and Supplementary General Conditions, and Division I Specifications. Construction Manager shall award and enter into, as a general contractor, all Subcontracts necessary and appropriate to provide all labor and materials for the construction of the Project. Construction Manager shall self- perform only General Conditions Work and other Work which has been awarded to Construction Manager in accordance with the requirements of Texas Education Code section 51.782 and this Contract. Owner reserves the right to perform Work related to the Project and to award separate contracts for Work related to the Project. (2) Monitor the Work of the Subcontractors as required and coordinate such Work with the activities and responsibilities of the Project Team with a goal to attain completion of the Project at a cost not to exceed the Project Construction Budget and Guaranteed Maximum Price (GMP), and to attain Substantial Completion by the date set forth in Exhibit C herein when executed. (3) Attend Owner’s Project progress meetings scheduled by Owner no less often that once per month, and fully advise the Project Team at such meetings as to Project status. (4) Schedule, direct and attend regular meetings with other members of the Project Team during the construction of the Project to discuss jointly such matters as procedures, progress, problems and scheduling. Prior to each meeting, the Construction Manager
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shall prepare and distribute to the other Project Team members a written agenda for the meeting. Prepare and distribute at each Project Team meeting a memorandum setting forth the list of critical activities which require immediate action and the date(s) by when the activity must be completed, and record and distribute the minutes of each meeting. (5) As provided in Exhibit B, maintain a competent, full-time staff at the Project site to coordinate and provide general direction over the Work and progress of the Subcontractors on the Project. (6) As provided in Exhibit B, establish on-site organization of personnel and clearly defined lines of authority in order to effectuate the overall plans of the Project Team. At a minimum, Construction Manager’s site personnel shall include a Superintendent at all times, Project Manager, Project Engineer, and appropriate administrative support personnel as necessary to provide the required services. Project Superintendent shall be approved by owner and fully qualified to perform all required duties. (7) In consultation with Owner, establish procedures for coordination among the Project Team, Subcontractors, separate contractors, Design Consultants, and other consultants with respect to all aspects of the construction of the Project, and implement such procedures. (8) Expedite and coordinate delivery and installation of Owner- procured material and equipment. (9) Construction Manager shall supervise and direct the Work and shall be solely responsible for construction means, methods, techniques, sequences, and procedures for the Work. (10) In accordance with Owner’s Standard Uniform General and Supplementary Conditions, provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and all other facilities and services necessary for the proper execution and completion of the Work in strict accordance with the requirements of the Contract Documents. (11) Obtain building permits and special permits for permanent improvements as required by law or the Contract Documents. Assist Owner or Design Consultant in obtaining all approvals required from authorities having jurisdiction over the Project. (12) Inspect the Work of Subcontractors to ensure conformance with the Contract Documents.
(b) Scheduling:
Perform Project scheduling in compliance with Owner’s Division I Specification section 01155 entitled “Project Scheduling” if included therein, otherwise provide regular monitoring, updating, and reissuing of all Project Schedules as construction progresses, including, without
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limitation, Master Project Schedules, detailed construction schedules, submittal schedules, inspection schedules, and occupancy schedules; identify potential and actual variances between scheduled and probable completion dates, review the schedules for Work not started or incomplete and recommend to the Owner adjustments in the schedules to conform with the probable completion dates and provide summary reports to the Owner of each schedule update and document all changes in construction schedules. Incorporate activities of the Subcontractors and other parties affecting the progress of the Work, including, without limitation, activity sequences and durations, allocation of labor and materials, processing of shop drawings, data, and samples, delivery of long lead time items. Include Owner’s occupancy requirements and occupancy priorities. Evaluate Subcontractor’s personnel and equipment, and availability of supplies and materials, with respect to each Subcontractor’s ability to meet the Schedule. Recommend action to Owner when any Subcontract requirements are not met, or appear unlikely to be met.
(c) Cost Control:
(1) Maintain cost accounting records in good form on expenditures and materials, or for any other expenditures requiring accounting records; and afford the Owner access to these records and preserve them for a period of four (4) years after final payment is made by the Owner to the Construction Manager. (2) Prepare and administer, and provide to Owner, Subcontractors’ schedule of values, subcontractors’ sworn statements and waivers of lien as required, contract and disbursement summaries, change order listings and change orders, and budget cost summary reports as required by Owner. (3) Construction Manager shall promptly identify all variances between estimated costs and actual costs, and shall promptly report such variances to the Project Team along with recommendations for action, but in any event, no more than two (2) business days after acquiring such information.
(d) Change Orders: Develop and implement a system acceptable to the Owner for the preparation, review and processing of Change Orders, change order requests, and requests for information, in accordance with Owner’s Standard Uniform General and Supplementary Conditions and Division I Specifications.
(e) Wage Rates: Maintain strict enforcement of State of Texas prevailing wage laws in accordance with Owner’s Standard Uniform General and Supplementary Conditions. Cooperate with Owner in monitoring the
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submission to the Owner of payroll records by the various Subcontractors when requested.
(f) Special Consultants: Assist the Owner in selecting and retaining professional services not otherwise described in this Agreement for the Project, and coordinate these services at the Owner’s request in order to meet the Schedule, without, however, assuming direct responsibility for the work of these consultants.
(g) Documents, Shop Drawings, and Submissions:
(1) The Design Consultant shall be the interpreter of the design intent of the Construction Contract Documents, subject to the terms and conditions of the agreement between the Design Consultant and the Owner, provided, however, the Construction Manager shall request such interpretations from the Design Consultant, with Owner consent, from time to time in order to facilitate the Construction Manager’s accomplishment of its duties under this Agreement. (2) In collaboration with the other members of the Project Team, the Construction Manager shall establish and implement procedures for expediting the processing and Design Consultants' approval of shop drawings and other submissions, and in accordance with Division I Specifications, as applicable. Receive from the Subcontractors, and review, all shop drawings and other submissions for conformance with the Contract Documents. Coordinate shop drawings and other submissions with the Contract Documents and other related documents prior to transmitting them to other members of the Project Team. (3) The Construction Manager shall record the progress of the Project, submit written progress reports to the other members of the Project Team, including information on the Subcontractor’s Work and the percentage of completion, and keep a daily log of Project construction activities available to the other members of the Project Team in accordance with Owner’s Standard Uniform General and Supplementary Conditions; and each member of the Construction Manager’s site personnel, whose job function involves or includes observation of Project construction, shall maintain a daily log of construction activities and observations, which daily logs shall be submitted to the Owner no less frequently than weekly for the immediately preceding week. (4) The Construction Manager shall maintain at the Project site and make available to Owner, updated records of subcontracts, drawings, examples, purchases, materials, equipment, maintenance and operating manuals and instructions, and other construction related documents, including all changes and
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revisions, a directory of personnel, Project correspondence, inspection procedures (as prepared by others), testing laboratory procedures (as prepared by others), contract changes, time extensions, progress payment data, final acceptance procedures, instructions from Owner; and shall obtain data from Subcontractors and maintain a current set of record drawings and project manual. (5) Coordinate and facilitate the creation of record and as-built drawings, and the procurement of warranties and guarantees. (6) Provide Owner with complete, unaltered copies of all Subcontracts, and all amendments thereto. (7) Submit to Owner all documents substantiating payments to qualifying HUB’s in a format designated by Owner.
(h) Safety: Construction Manager is solely responsible for all safety precautions and programs in connection with the Work. Construction Manager shall review the safety programs developed by each of the Subcontractors and prepare and submit to Owner a comprehensive safety program which complies with all applicable requirements of the Occupational Safety and Health Act of 1970 and all other applicable state, local, or federal laws or regulations, and with any Owner-controlled insurance program. Construction Manager shall ensure compliance by the Subcontractors with their contractual safety requirements. The existence of any Owner-controlled insurance programs shall not operate to diminish or eliminate in any way Construction Manager’s responsibilities under this paragraph.
(i) Bonds: When the Guaranteed Maximum Price (GMP) is established, Construction Manager shall provide performance and payment bonds as required by Owner’s Standard Uniform and Supplementary General Conditions. If construction is phased or staged with different Guaranteed Maximum Price (GMP)s established at different times, then the penal sum of the bonds shall be increased based on the cumulative total value of all Guaranteed Maximum Price (GMP)s in effect.
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ARTICLE VII PAYMENTS TO THE CONSTRUCTION MANAGER (SECTION 7 OF CONSTRUCTION MANAGER’S PRICING AND DELIVERY SCHEDULE DATED 11-19-2001 IS PART OF THE CONTRACT)
7.01 For Preconstruction Phase Services:
(a) In full consideration of Construction Manager’s Services during the Preconstruction Phase of this Agreement, Owner will pay to Construction Manager the Preconstruction Phase Fee which is a stipulated sum of «Initial_Authorization_Day» and No/100 Dollars ($X,XXX.00), inclusive of all expenses and disbursements payable proportionately on a monthly basis based on the amount of effort expended by Construction Manager.
(b) To receive payment, Construction Manager shall send monthly invoices to Owner. If Construction Manager is being paid a fee based on hourly rates, then Construction Manager’s invoices shall specify the days, hours and natures of the tasks covered by the invoices, such invoices not to exceed in the aggregate the maximum stated above. Construction Manager shall work hourly at one x Direct Salary Expense ("DSE"). The hourly rates contained in Exhibit B may be adjusted semi-annually in accordance with the usual and customary salaries of the construction management profession in the area where the Project is to be constructed.
(c) DSE shall mean the actual salaries of Construction Manager’s employees directly engaged on the Project. DSE shall exclude mandatory and customary fringe benefits, overhead expense (which include salaries of bookkeepers, secretaries, clerks, and the like), and profit relating to the Project. The multiplier referred to in the previous section is designed to cover mandatory and customary fringe benefits, overhead expense, and profit. Construction Manager’s employees shall mean anyone employed by the Construction Manager including, but not limited to, managers, superintendents, architects, engineers, job captains, analysts, inspectors, and technical specialists who are directly performing the Preconstruction Phase Services for the Project.
(d) If Construction Manager is being paid an hourly fee for Preconstruction Phase Services, then subject to the limitations herein, the following expenses of Construction Manager incurred solely and directly in support of the Project, will be reimbursed:
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(1) Actual out-of-pocket coach class travel and other expenses previously approved by Owner for travel outside the Project area and incurred solely in connection with Construction Manager’s performance of its services hereunder; provided, however, that the cost of travel between Construction Manager’s offices and Owner’s local offices or the Project shall not be reimbursed. (2) Long distance telephone calls, telegrams, and telex. (3) Reproductions, printing, binding, collating and handling of reports, drawings and specifications or other project-related work product, other than that used solely in-house by Construction Manager. (4) Shipping or mailing of all reports, drawings, specifications, and other items in connection with the Project. (5) Fees paid to Consultants hired in accordance with prior written approval from Owner.
Owner shall not pay a mark-up on any of said reimbursable. Payment of reimbursable expenses shall not exceed $X00.00 without the prior written consent of Owner. Construction Manager shall submit receipts for all reimbursable expenses along with any reimbursement request.
(e) Additional Services:
(1) From time to time Owner may request that Construction Manager perform services in addition to those Services required or reasonably inferable herein (such services in addition are hereinafter called "Additional Services"). Each time that Construction Manager is requested to perform services which Construction Manager deems to be Additional Services, and prior to performing such Additional Services, Construction Manager shall complete and forward to Owner for acceptance by Owner an Additional Services Requisition in the form of Exhibit I attached hereto, which shall describe in detail the nature or scope of the Additional Services, the basis upon which Construction Manager has determined that the requested services are Additional Services, and which shall set forth the maximum amount of fees and reimbursable expenses for which Construction Manager is prepared to perform such Additional Services, together with a proposed schedule for the performances of such Additional Services. Construction Manager shall proceed only after written acceptance by Owner of the Additional Services Requisition and written approval from Owner to proceed. (2) If Owner concludes that all or part of the services described in the Additional Services Requisition are Services already required to be performed by Construction Manager pursuant to this Agreement or are reasonably inferable therefrom, then Owner shall notify
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Construction Manager of Owner’s determination and Owner and Construction Manager shall attempt, in good faith, to resolve by negotiation their differences. If within seven (7) business days Owner and Construction Manager are unable to resolve their differences, then Construction Manager shall nevertheless perform the services requested by Owner as if the services were Services required to be performed pursuant to this Agreement, without prejudice, however, to Construction Manager’s right to pursue a claim for compensation for such disputed services. (3) Upon acceptance by Owner, each Additional Services Requisition and the services performed by Construction Manager pursuant to such Additional Services Requisition shall become part of this Agreement and shall be subject to all the terms and conditions of this Agreement, as fully and completely as though the same had been included in this Agreement as a required Service at the original execution of this Agreement.
(f) Construction Manager shall not be entitled to any increase in the Preconstruction Phase Fee because of Schedule extensions, delays, or changes in the scope of the proposed Project, unless such extensions, delays, or changes are material and significant, as determined by the Owner at its reasonable discretion.
7.02 Construction Phase
(a) Owner shall compensate Construction Manager for Construction Phase services on the basis of the sum of the Cost of the Work as defined herein plus the Construction Manager’s Construction Phase Fee (such sum is referred to as the “Contract Sum”) as set forth below. The Contract Sum shall not exceed the Guaranteed Maximum Price (GMP) set forth in Exhibit C hereto, subject to changes authorized by the terms
and conditions of the Contract Documents. Any cost which is not authorized by the terms and conditions of the Contract Documents, but which would cause the Guaranteed Maximum Price (GMP) to be exceeded shall be paid by Construction Manager without reimbursement by Owner. In the event that the Contractor is required to pay or bear the burden of any new federal, state, or local tax, or of any rate increase of an existing tax (except a tax on income) with respect to its forces and/or its performance of the Work (not including the forces and Work performed by Subcontractors) as a result of any statute, court decision, written ruling, or regulation taking effect after the effective date of this Agreement, the Guaranteed Maximum Price (GMP) shall be increased by the amount of the new tax or tax increase.
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(b) The Owner has afforded the Construction Manager with unrestricted access to the existing improvements and conditions on the site and has given the Construction Manager the opportunity to thoroughly investigate the existing conditions, which the Construction Manager represents it has done. The results of Construction Manager’s investigation have been taken into account in establishing the Guaranteed Maximum Price (GMP) of the Work. Construction Manager shall not be entitled to a claim for an adjustment in time or price under Owner’s Standard Uniform General and Supplementary Conditions for conditions which Construction Manager discovered or ought to have discovered in Construction Manager’s investigation. Before proceeding with the Work, the Construction Manager shall review the Drawings and Specifications and notify the Design Consultant and Owner of any errors, omissions or discrepancies in the Drawings and Specifications it discovers with respect to the existing conditions. The Construction Manager shall not proceed with the Work, if any defect, defined as any error, omission, conflict, inconsistency or lack of clarity, is known or should be known by Construction Manager to exist in the Drawings or Specifications or other Contract Documents, and if Construction Manager nevertheless proceeds to perform the work then Construction Manager shall be responsible for all foreseeable resulting cost, including the cost of redoing or remedying the Work and time delays resulting therefrom unless and to the extent such costs result from design or concealed conditions. Upon discovering a defect in the Drawings or Specifications, the Construction Manager shall immediately submit a written request for an explanation or decision to the Design Consultant and the Owner.
(c) If the actual Cost of the Work plus Construction Manager’s Construction Phase Fee is less than the Guaranteed Maximum Price (GMP), then such savings shall be split Fifty percent (50%) to Owner and Fifty percent (50%) to Construction Manager. For items in the Contract Documents and on Exhibit C hereto which are noted as “Allowances”, 100% of any savings shall be the Owner’s. The Cost of the Work included in the Allowances shall be determined in accordance with Owner’s Standard Uniform General and Supplementary Conditions except that any claim by the Contractor for an adjustment to the Guaranteed Maximum Price (GMP) based on the cost for Allowance work shall be made within a reasonable time after the issuance of the Drawings and Specifications for the Allowance items. Any increase to Allowance amounts based upon estimates by the Contractor, which increases exceed such Allowance amounts, shall not result in any increase to the Contractor’s Fee.
(d) The computation of savings hereunder shall not apply to Construction Manager’s General Conditions costs; therefore, in computing savings, the Construction Manager’s General Conditions costs (1) shall be
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subtracted from the Guaranteed Maximum Price (GMP), and (2) shall not be added as a Cost of the Work. The foregoing notwithstanding, the Construction Manager’s General Conditions costs shall be considered a Cost of the Work with respect to the Construction Manager’s Guaranteed Maximum Price (GMP). The Owner shall be entitled to one hundred percent (100%) of any unexpended contingencies or allowances or of the savings resulting from any design or construction changes reducing the scope of the Work.
(e) In full consideration of Construction Manager’s services during the Construction Phase of this Agreement, Owner shall pay Construction Manager a Construction Phase Fee as follows: AMOUNT Dollars broken as: e.1 PROJECT PHASE ONE __% of Labor and Material costs indicated in Items 1 & 2 of the GMP e.2 FUTURE PHASES (subsequent) __% of Labor and Material costs indicated in Items 1 & 2 of the GMP
(as Per Section 7 of the response dated
(f) If the Guaranteed Maximum Price (GMP) increases by more than three percent from the amount originally set forth in Exhibit C hereto, due to Owner increases in scope of project, then Construction Manager shall be entitled to an equitable increase in the Construction Manager’s Construction Phase Fee which shall be calculated by same percentage as shown in paragraph 7.02, subparagraph (e) above.
(g) In Owner’s Standard Uniform General and Supplementary Conditions, references to adjustments in “cost” or “costs” refer to Costs of the Work as defined hereinbelow, and references to Construction Manager’s “overhead” and “profit” refer to Construction Manager’s Construction Phase Fee.
(h) The Construction Manager’s Fee shall cover the Construction Manager’s profit, general overhead and the following costs and expenses:
All expenses in connection with maintaining and operating Construction Manager’s main office and any branch or field offices, including (except as otherwise provided hereinafter):
(1) Salaries of Construction Manager’s officers, project manager(s) not full time on construction site, estimators, and schedulers. (2) Salaries of persons employed in the main or branch offices of the Construction Manager whose time is devoted to the general
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conduct of the Construction Manager’s business, such as office managers, stenographers, plan clerks, file clerks, and draftsmen. (3) Overhead or general expenses of any kind except those specifically included herein. (4) Services and expenses of the estimating, personnel, accounting, budget control, audit and management information systems (other than pre-construction services) relating to accounting in Construction Manager’s office and even if at the site, except as specifically identified herein. (5) Interest on the Construction Manager’s capital or on money borrowed by the Construction Manager, including the capital employed by the Construction Manager in the performance of the Work. (6) Amounts required to be paid by Construction Manager for Federal and/or State income and franchise taxes. (7) Legal, accounting, or other similar professional services provided by or to Construction Manager, in regard to disputes, arbitrations, litigations or other such proceedings with Subcontractors, with municipal authorities, with the Owner, the Design Consultants or any other person or entity relating to the Project or otherwise.
(i) In addition to the payment procedures described in Owner’s Standard Uniform General and Supplementary Conditions, Division I Specifications, Contractor shall submit with each application for payment all receipts, invoices with check vouchers or other evidence of payment, petty cash account information, payrolls, and any and all other evidence which Owner or Design Consultant shall deem necessary to support the amount requested. The Construction Manager’s Construction Phase Fee shall be shown as a separate line item on the schedule of values. In determining the percentage of completion, Construction Manager shall use the lesser of the percentage of the Work actually completed for each classification on the schedule of values, or the percentage of the Guaranteed Maximum Price (GMP) allocable to that item which has been actually incurred and demonstrated as an expense by the Construction Manager. If the Construction Manager’s Construction Phase Fee is a fixed fee then the amount requested for such fee shall be in the same proportion to the total fee as the amount requested for the Cost of the Work relative to the total Cost of the Work used in deriving the then current Guaranteed Maximum Price (GMP). Retainage as specified in Owner’s Standard Uniform General and Supplementary Conditions will be applied to the entire amount requested including the Cost of the Work and the Construction Manager’s Construction Phase Fee. Each schedule of values submitted shall maintain the originally established value for each work classification line item or subcontractor, and shall contain any revisions to costs or cost estimates for each such classification or subcontractor. The format and tracking method of the
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original schedule of values and of all updates thereto shall be subject to the approval of Owner and Design Consultant. If at any time, the amount shown on the schedule of values exceeds the Guaranteed Maximum Price (GMP) allocable to that classification or subcontractor, then the amount payable to Construction Manager by Owner shall be reduced by the amount of such excess. At all times, the estimated cost of performing the uncompleted and unpaid portion of the Work (including Construction Manager’s overhead and profit) shall not exceed the unpaid balance of the Guaranteed Maximum Price (GMP) (less retainage on Work previously completed). Payments to Subcontractors included in an application for payment shall not exceed the percentage of Work allocable to that Subcontractor for each respective schedule of values classification which has been actually completed.
7.03 Owner shall have the right to withhold from payments due Construction Manager such sums as are necessary to protect Owner against any loss or damage which may result from negligence by Construction Manager or failure of Construction Manager to perform Construction Manager’s obligations under this Agreement.
7.04 The final request for payment shall not be made until Construction Manager delivers to Owner a complete release of all liens arising out of this Agreement and an affidavit that so far as Construction Manager has knowledge or information, the release includes and covers all materials and services over which Construction Manager has control for which a lien could be filed, but Construction Manager may, if any agent or consultant refuses to furnish a release in full, furnish a bond satisfactory to Owner to indemnify Owner against any lien. If any lien remains unsatisfied after all payments are made, Construction Manager shall refund to Owner all moneys Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees, and Owner shall have all remedies at law and in equity.
7.05 In addition to the procedures contained in Owner’s Standard Uniform General and Supplementary General Conditions, Owner shall have no obligation to make final payment until a final accounting of the Cost of the Work has been submitted by Construction Manager and has been verified by Owner or Owner’s representatives. The aggregate total of payments to Construction Manager shall not exceed the total of the actual Cost of the Work as verified by Owner or Owner’s representative from Construction Manager’s final accounting plus the applicable Construction Manager’s Construction Phase Fee, as certified for payment in accordance with the Contract, but in no event more than the Guaranteed Maximum Price (GMP). If payments made to Construction Manager exceed that which is due and owing pursuant to this Article VII, then Construction Manager shall promptly refund such excess to Owner.
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7.06 Any provision hereof to the contrary notwithstanding, Owner shall not be obligated to make any payment (whether a progress payment or final payment) to Construction Manager hereunder if any one or more of the following conditions precedent exist:
(a) Construction Manager is in breach or default under this Agreement;
(b) Any part of such payment is attributable to services which are not performed in accordance with this Agreement; provided, however, such payment shall be made as to the part thereof attributable to services which were performed in accordance with this Agreement;
(c) Construction Manager has failed to make payments promptly to consultants or other third parties used in connection with the services for which Owner has made payment to Construction Manager; or
(d) If Owner, in its good faith judgment, determines that the portion of the compensation then remaining unpaid will not be sufficient to complete the services in accordance with this Agreement, no additional payments will be due Construction Manager hereunder unless and until Construction Manager, at Construction Manager’s sole cost, performs a sufficient portion of the remaining services so that such portion of the compensation then remaining unpaid is determined by Owner to be sufficient to so complete the then remaining services.
(e) Nothing contained herein shall require the Owner to pay the Construction Manager an aggregate amount exceeding the Guaranteed Maximum Price (GMP) or to make payment if in the Owner’s belief the cost to complete the Work would exceed the Guaranteed Maximum Price (GMP) less previous payments to Construction Manager.
7.07 No partial payment made hereunder shall be, or shall be construed to be, final acceptance or approval of that part of the services to which such partial payment relates, or a release of Construction Manager of any of Construction Manager’s obligations hereunder or liabilities with respect to such services.
7.08 Construction Manager shall promptly pay all bills validly due and owing for labor and material performed and furnished by others in connection with the performance of the Preconstruction Phase Services and the construction of the Work.
7.09 Owner shall have the right to verify and audit the details set forth in Construction Manager’s billings, certificates, accountings, cost data, and statements, either before or after payment therefor, by (1) inspecting the books
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and records of Construction Manager during normal business hours; (2) examining any reports with respect to this Project; (3) interviewing Construction Manager’s business employees; (4) visiting the Project site; and (5) other reasonable action.
7.10 The acceptance by Construction Manager or Construction Manager’s successors of final payment under this Agreement, shall constitute a full and complete release of Owner from any and all claims, demands, and causes of action whatsoever which Construction Manager or Construction Manager’s successors have or may have against Owner under the provisions of this Agreement except those previously made in writing and identified by Construction Manager as unsettled at the time of the final request for payment.
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ARTICLE VIII COST OF THE WORK
8.01 The term Cost of the Work means costs which the Construction Manager must necessarily incur to properly perform the Work in strict compliance with the Contract Documents. Cost of the Work includes only the items set forth in this Article VIII.
(a) Labor and Administrative:
(1) Reasonable and customary wages paid to construction workers directly employed by Construction Manager who perform the construction of the Work. (2) Reasonable and customary wages or salaries of Construction Manager’s supervisory and administrative personnel who are identified on Exhibit A but only when stationed full-time at the site with the Owner’s prior consent. (3) Costs paid or incurred by Construction Manager for labor costs arising out of taxes, insurance, and benefits which are (i) required by law, (ii) required by collective bargaining agreements, (iii), or otherwise customary, so long as such costs are based on wages and salaries which are properly included in the Cost of the Work as defined herein. (4) Reasonable and customary travel expenses of Construction Manager’s personnel incurred directly and solely in support of the Project and approved in advance in writing by Owner. (5) Costs of long-distance telephone calls, telegrams, postage, package delivery and courier service, telephone service, and reasonable and customary petty cash expenses of Construction Manager’s jobsite office, incurred directly and solely in support of the Work, and all incurred at the site.
(b) Materials, Equipment, Tools, Rentals:
(1) Costs of materials and equipment to be incorporated (or incorporated) into the Work, including transportation charges, and a reasonable and customary allowance for waste and spoilage. Owner shall be entitled to take possession of excess materials not incorporated into the Work, or at Owner’s option, Construction Manager shall sell such materials and deduct the gross proceeds from the Cost of the Work. Payment for stored materials is subject to Owner’s Standard Uniform General and Supplementary General Conditions. (2) Costs of materials, supplies, temporary facilities, equipment, and hand tools except for those customarily owned by construction
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workers, all provided at the site by Construction Manager, if such items are fully consumed in the construction of the Work, and Owner approves such purchase in advance in writing. Cost for used items shall be based on fair market value and may include costs of transportation, installation, minor maintenance costs, and removal. If the item is not fully consumed, then the cost shall be based on cost of the item minus its fair market salvage value. (3) Rental charges for temporary facilities, equipment, and hand tools except for those customarily owned by construction workers, all provided at the site by Construction Manager, and may include transportation, installation, and minor maintenance costs, and removal, all so long as Owner has approved such items and the rental rates in advance in writing. If tools, machinery or construction equipment are rented from the Construction Manager, the amount of such rental, the rate of such rentals, including the freight and delivery cost thereon and all operating expenses except labor, shall be determined by application of “Contractor’s Equipment Cost Guide,” latest edition published by the AGC, approved by the Owner before commitments are made and shall in no event be higher than the prevailing competitive rates paid in the locality for similar equipment. In no event shall the aggregate rental cost to Owner exceed the purchase price and maintenance cost of the item. In the event equipment can be purchased for an amount comparable to the aggregate rental cost of said equipment, Construction Manager shall purchase such equipment and turn it over to Owner upon final completion of the Work, or, at Owner’s option, credit to the Owner with the amount of the fair market resale value. (4) Site debris removal and disposal costs in accordance with all applicable laws and regulations.
(c) Subcontracts: Payments made to Subcontractors by Construction Manager for the construction of the Work in accordance with the Contract Documents and the requirements of the subcontracts with such Subcontractors.
(d) Other costs:
(1) Governmental sales and use taxes directly attributable to the Work. Owner is a state agency and Construction Manager shall avail itself of all exemptions which may exist for such taxes based on Owner’s status. (2) Permit and inspection fees, except that as a state agency, Owner is typically exempt from such fees. (3) Premiums for insurance and bonds to the extent directly attributable to this Contract.
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(4) Testing fees pursuant to the terms and conditions of Owner’s Standard Uniform General and Supplementary Conditions. (5) Intellectual property royalties and licenses for items specifically required by the Contract Documents which are, or will be, incorporated into the Work. (6) Forfeited deposits, but only if such deposit has been forfeited in the absence of any fault or negligence of Construction Manager. (7) Other costs approved in advance in writing by Owner at Owner’s sole option and discretion.
8.0.2 Costs Not Included in the Cost of the Work
The following shall not be included in the Cost of Work to be paid by Owner:
(a) Costs including, but not limited to, the failure to perform of any Subcontractor or the bankruptcy or insolvency of any Subcontractor.
(b) Legal and administrative costs to review and negotiate these Contract Documents.
(c) Travel and subsistence expense of Construction Manager, its officers or employees incurred while traveling between the Project and Construction Manager’s principal or branch offices, and travel in the metropolitan area of the Project.
(d) Fines, penalties, sanctions or impositions assessed or imposed by any governmental body, instrumentality or tribunal arising from the fault of Construction Manager.
(e) Costs incurred by Construction Manager resulting from the failure of Construction Manager or its Subcontractors to coordinate their work with that of Owner and its contractors, if any, after agreeing to the schedules therefor, or failure of Construction Manager to comply with directives of Owner not in conflict with said schedules.
(f) Costs resulting from the failure of Construction Manager or any Subcontractor to procure and maintain insurance as and to the extent required by the Contract Documents.
(g) Any and all personnel costs, including, without limitation, wages, salaries, and benefits, except for personnel based at the site office and only as specifically provided herein.
(h) Any and all overhead expense, or office expense at any location, except site office expense to the extent specifically included herein.
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(i) Costs related to Construction Manager’s indemnification obligations pursuant to Article X hereof.
(j) The cost of capital, including, without limitation, interest on capital, regardless of whether it is related to the Project.
(k) Any cost arising out of the fault or negligence of Construction Manager, its Subcontractors, or any person or entity for whom they may be liable, including, without limitation, costs related to defective, rejected, or nonconforming work, materials or equipment, and damage to persons or property.
(l) Liquidated or actual damages imposed by Owner for failure of Construction Manager to complete the Work within the Contract Time.
(m) Any and all costs not specifically authorized herein, including, without limitation, any cost which would cause the Guaranteed Maximum Price (GMP) to be exceeded.
8.0.3 Discounts, Rebates and Refunds
The Cost of the Work to be paid by Owner shall be credited with the following items:
(a) Proceeds of the sale of all tools, surplus materials, construction equipment, and temporary structures which have been charged to the Work other than by way of rental, and remaining after completion, whether such sale is made to the Owner, the Construction Manager, or to some other party; and any such sale, if made to others than the Owner, shall be at fair market price. Upon completion of the Work or when no longer required, all tools, construction equipment and materials purchased for the Work shall be sold and the Construction Manager shall use its best efforts to obtain the highest price in respect of such sales.
(b) If Owner makes funds available to Construction Manager, discounts earned by the Construction Manager through advance or prompt payments. The Construction Manager shall obtain all possible trade and time discounts on bills for material furnished, and shall pay said bills within the highest discount periods. The Construction Manager shall purchase materials for this Project in such quantities as will provide the most advantageous prices to the Owner.
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(c) Reasonable market value as approved by the Owner at the time of removal of all materials, tools, and equipment actually purchased for the work and upon completion of the work retained by the Construction Manager.
(d) Rebates, discounts, or commissions allowed to and collected by the Construction Manager from suppliers of materials or from subcontractors, together with all other refunds, returns, or credits received for return of materials, or on bond premiums, or insurance and sales taxes.
(e) Construction Manager shall reimburse Owner for deposits made by Owner and not returned to Owner due to the fault of the Construction Manager. Should Construction Manager not promptly so reimburse Owner upon demand, Owner shall be entitled to recover said amount from Construction Manager, including, but not limited to, by deducting the amount from payments due the Construction Manager.
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ARTICLE IX OWNER’S RESPONSIBILITIES
9.01 The Owner shall be fully acquainted with the Project and shall facilitate and coordinate the Owner’s Project issues with the Construction Manager. Upon request, the Owner will furnish in writing the authorization of each representative of the Owner to represent it in connection with the Project.
9.02 The Owner shall cooperate in providing information to the other members of the Project Team regarding its requirements for the Project.
9.03 Owner shall furnish for the site of the Project any necessary surveys describing the physical characteristics, soil reports and subsurface investigations, known legal limitations, utility locations, and the legal description, to the extent such items may be required by agreements between Owner and Design Consultant or other consultants. Owner shall inform all special consultants retained by the Owner that they shall coordinate their services through the Construction Manager. Owner shall provide special testing and inspection services to the extent required by Texas Education Code section 51.782, as amended.
9.04 If the Owner has actual knowledge of any fault or defect in the Project or non- conformance with the Drawings and Project Manual, Owner shall give prompt written notice thereof to the Construction Manager.
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ARTICLE X INDEMNITY
10.01 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CONSTRUCTION MANAGER AND ITS AGENTS, PARTNERS, EMPLOYEES, AND CONSULTANTS (COLLECTIVELY "INDEMNITORS") SHALL AND DO AGREE TO INDEMNIFY, PROTECT, DEFEND WITH COUNSEL APPROVED BY OWNER, AND HOLD HARMLESS THE OWNER AND THE UNIVERSITY OF TEXAS SYSTEM, ITS AFFILIATED ENTERPRISES, REPRESENTATIVES OF THE OWNER, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, REGENTS, PARTNERS, EMPLOYEES AND AGENTS (COLLECTIVELY "INDEMNITEES") FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND EXPENSES, INCLUDING ATTORNEY FEES, OF ANY NATURE, KIND, OR DESCRIPTION (COLLECTIVELY "LIABILITIES") OF ANY PERSON OR ENTITY WHOMSOEVER ARISING OUT OF, CAUSED BY, OR RESULTING FROM THE PERFORMANCE OF THE SERVICES OR ANY PART THEREOF WHICH ARE CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONSTRUCTION MANAGER, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY IT OR ANYONE FOR WHOSE ACTS IT MAY BE LIABLE EVEN IF IT IS CAUSED IN PART BY THE NEGLIGENCE OR OMISSION OF ANY INDEMNITEE, SO LONG AS IT IS NOT CAUSED BY THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF ANY INDEMNITEE. IN THE EVENT MORE THAN ONE OF THE INDEMNITORS ARE CONNECTED WITH AN ACCIDENT OR OCCURRENCE COVERED BY THIS INDEMNIFICATION, THEN EACH OF SUCH INDEMNITORS SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE TO THE INDEMNITEES FOR INDEMNIFICATION AND THE ULTIMATE RESPONSIBILITY AMONG SUCH INDEMNITORS FOR THE LOSS AND EXPENSE OF ANY SUCH INDEMNIFICATION SHALL BE SETTLED BY SEPARATE PROCEEDINGS AND WITHOUT JEOPARDY TO ANY INDEMNITEE. THE PROVISIONS OF THIS ARTICLE SHALL NOT BE CONSTRUED TO ELIMINATE OR REDUCE ANY OTHER INDEMNIFICATION OR RIGHT WHICH OWNER OR ANY OF THE INDEMNITEES HAS BY LAW.
10.02 CONSTRUCTION MANAGER SHALL PROTECT AND INDEMNIFY THE OWNER FROM AND AGAINST ALL CLAIMS, DAMAGES, JUDGMENTS AND LOSS ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY UNITED STATES PATENT, OR COPYRIGHT, ARISING BY OR OUT OF ANY OF THE WORK PERFORMED HEREUNDER OR THE USE BY CONSTRUCTION MANAGER, OR BY OWNER AT THE DIRECTION OF CONSTRUCTION MANAGER, OF ANY ARTICLE OR MATERIAL, PROVIDED THAT UPON BECOMING AWARE OF A SUIT OR THREAT OF SUIT FOR PATENT OR COPYRIGHT INFRINGEMENT, OWNER SHALL PROMPTLY NOTIFY CONSTRUCTION MANAGER AND CONSTRUCTION MANAGER SHALL BE GIVEN FULL OPPORTUNITY TO NEGOTIATE A SETTLEMENT.
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CONSTRUCTION MANAGER DOES NOT WARRANT AGAINST INFRINGEMENT BY REASON OF OWNER’S OR DESIGN CONSULTANT’S DESIGN OF ARTICLES OR THE USE THEREOF IN COMBINATION WITH OTHER MATERIALS OR IN THE OPERATION OF ANY PROCESS. IN THE EVENT OF LITIGATION, OWNER AGREES TO COOPERATE REASONABLY WITH CONSTRUCTION MANAGER AND PARTIES SHALL BE ENTITLED, IN CONNECTION WITH ANY SUCH LITIGATION, TO BE REPRESENTED BY COUNSEL AT THEIR OWN EXPENSE.
10.03 The indemnities contained herein shall survive the termination of this Agreement for any reason whatsoever.
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ARTICLE XI CONSTRUCTION MANAGER’S INSURANCE
11.01 The Construction Manager shall not commence work under the Agreement until it has obtained all required insurance and until such insurance has been reviewed and approved in writing by the Owner. Approval of the insurance by the Owner shall not relieve nor decrease the liability of the Construction Manager hereunder. Prior to commencing any of the Preconstruction Services, Construction Manager shall provide evidence as required by this Article that coverages for Employer’s Liability, Workers’ Compensation, Commercial General Liability, and Owner’s and Contractor’s Protective as set forth in Owner’s Standard Uniform General and Supplementary Conditions are in full force and effect. Prior to commencing any construction work, Builder’s Risk as set forth in Owner’s Standard Uniform General and Supplementary Conditions shall be in full force and effect and shall be increased as necessary for each separate bid package, phase, or Stage of construction prior to the commencement of construction for that package, phase, or Stage.
11.02 The Construction Manager shall not cause or allow any of its insurance to be canceled nor permit any insurance to lapse during the term of the Agreement or as required in the Agreement.
11.03 The Owner reserves the right to review the insurance requirements set forth in this Article during the effective period of the Agreement and to make reasonable adjustments to the insurance coverages and their limits when deemed necessary and prudent by the Owner based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Construction Manager.
11.04 The Owner shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable requests for deletion, or revision or modification of particular policy terms, conditions, limitations, or exclusions, except where policy provisions are established by law or regulation binding upon either of the Parties or the underwriter of any of such polices. Actual losses not covered by insurance as required by this Article shall be paid by the Construction Manager.
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ARTICLE XII TERMINATION
12.01 In addition to the termination procedures set forth in Owner’s Uniform Standard General and Supplementary Conditions, Owner may terminate the Contract at the following times:
(a) At the conclusion of the Schematic Design Phase.
(b) At the conclusion of the Design Development Phase.
(c) At the conclusion of the Construction Documents Phase.
(d) If any Guaranteed Maximum Price (GMP) proposal from Construction Manager is not accepted by Owner.
(e) During the Preconstruction Services phase, if Construction Manager is in default or breach under this Agreement and does not cure such default or breach within fourteen (14) days after written notice from Owner specifying the nature of the default.
(f) Prior to the commencement of construction, Owner may terminate for convenience upon fourteen (14) days’ written notice to Construction Manager.
(g) If the Contract is terminated under subparagraphs 12.01(a), (b), (c), (d) or (f), then Construction Manager shall be compensated for the Preconstruction Phase Services which it is has completed in accordance with this Agreement prior to the date of termination as provided hereunder. No termination expenses will be paid to Construction Manager. The date of the conclusion of the Schematic Design Phase, Design Development Phase, and Construction Documents Phase is determined by the date of Owner’s acceptance of the respective submittals from the Design Consultant.
12.02 A termination under this Contract above shall not relieve Construction Manager or any of its employees of liability for violations of this Agreement, any act or omission, or negligence of Construction Manager.
12.03 As of the date of termination of this Contract, Construction Manager shall furnish to Owner all statements, accounts, reports and other materials as are required hereunder or as have been prepared by Construction Manager in connection with Construction Manager’s responsibilities hereunder. Owner shall have the right to use the ideas and designs therein contained for the completion of the services described by this Agreement, and for completion of
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the Project, or otherwise. All drawings, plans, specifications, renderings and models, etc., prepared by the Design Consultant are the property of Owner or Design Consultant, as set forth in the terms and conditions of the agreement between Owner and the Design Consultant. They are not to be used by any person or entity other than Owner on other projects unless expressly authorized by Owner.
ARTICLE XIII MISCELLANEOUS PROVISIONS
13.01 Exhibits: All exhibits hereto are hereby incorporated herein by reference for all purposes.
13.02 Assignment: This Agreement is a personal service contract for the services of Construction Manager, and Construction Manager’s interest in this Agreement, duties hereunder and/or fees due hereunder may not be assigned or delegated to a third party. The benefits and burdens of this Agreement are, however, assignable by Owner to a component or affiliate of The University of Texas System of a branch or agency of the State of Texas.
13.03 Certifications:
Family Code Child Support Certification. By signing this Agreement, the undersigned certifies as follows: “Under Section 231.006, Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid, or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate.”
Sales Tax Certification. “Under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.”
13.04 Entire Agreement; Modifications; Conflicts: This Agreement supersedes all prior agreements, written or oral, between Construction Manager and Owner and shall constitute the entire Agreement and understanding between the parties with respect to the subject matter hereof. This Agreement and each of its provisions shall be binding upon the parties and may not be waived, modified, amended or altered except by a writing signed by Owner and Construction Manager. If there is a conflict between this Agreement and Owner’s Standard Uniform General and Supplementary General Conditions, then the provision which provides the greatest benefit to Owner shall govern.
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13.05 Captions: The captions of paragraphs in this Agreement are for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction.
13.06 Governing Law: This Agreement and all of the rights and obligations of the parties hereto and all of the terms and conditions hereof shall be construed, interpreted and applied in accordance with and governed by and enforced under the laws of the State of Texas.
13.07 Waivers: No delay or omission by either of the parties hereto in exercising any right or power accruing upon the non-compliance or failure of performance by the other party hereto of any of the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions or agreements hereof to be performed by the other party hereto shall not be construed to be a waiver of any subsequent breach thereof or of any other covenant, condition or agreement herein contained.
13.08 Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted assigns and successors.
13.09 Appointment: Owner hereby expressly reserves the right from time to time to designate by notice to Construction Manager one or more representatives to act partially or wholly for Owner in connection with the performance of Owner’s obligations hereunder. Construction Manager shall act only upon instructions from such representatives unless otherwise specifically notified to the contrary.
13.10 Records: Records of Construction Manager’s costs, reimbursable expenses pertaining to the Project and payments shall be available to Owner or its authorized representative during business hours and shall be retained for three years after final Payment or abandonment of the Project, unless Owner otherwise instructs Construction Manager in writing.
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13.11 Notices: All notices, consents, approvals, demands, requests or other communications provided for or permitted to be given under any of the provisions of this Agreement shall be in writing and shall be deemed to have been duly given or served when delivered by hand delivery or when deposited in the U.S. mail by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:
If to Owner: Mrs. Trina A. Bickford, Manager, Contracts Project Management and Construction Services The University of Texas at Austin Facilities Complex Building #1, Rm. 2.102 1301 East Dean Keeton St. Austin, TX 78722
If to Construction Manager: «Legal_Name», «Legal_Name» «Legal_Name» «Legal_Name» «Legal_Name», «Legal_Name» «Legal_Name»
or to such other person or address as may be given in writing by either party to the other in accordance with the aforesaid.
13.12 Severability: In case any provision hereof shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid or unenforceable provision had not been included herein.
13.13 Enforcement: It is acknowledged and agreed that Construction Manager’s services to Owner are unique, which gives Construction Manager a peculiar value to Owner and for the loss of which Owner cannot be reasonably or adequately compensated in damages; accordingly, Construction Manager acknowledges and agrees that a breach by Construction Manager of the provisions hereof will cause Owner irreparable injury and damage. Construction Manager, therefore, expressly agrees that Owner shall be entitled to injunctive and/or other equitable relief in any court of competent jurisdiction to prevent or otherwise restrain a breach of this Agreement, but only if Owner is not in breach of this Agreement.
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13.14 Independent Contractor: Construction Manager recognizes that it is engaged as an independent contractor and acknowledges that Owner will have no responsibility to provide transportation, insurance or other fringe benefits normally associated with employee status. Construction Manager, in accordance with its status as an independent contractor, covenants and agrees that it shall conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer, partner, employee or agent of Owner by reason hereof, and that it will not by reason hereof make any claim, demand or application to or for any right or privilege applicable to an officer, partner, employee or agent of Owner, including, but not limited to, unemployment insurance benefits, social security coverage or retirement benefits. Construction Manager hereby agrees to make its own arrangements for any of such benefits as it may desire and agrees that it is responsible for all income taxes required by applicable law.
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ARTICLE XIV OTHER CONDITIONS OR SERVICES (This article intentionally left blank)
IN WITNESS WHEREOF, intending to be bound, the Parties have entered into this Agreement as of the Effective Date. ATTEST:
(Seal)
«Legal_Name» (CONSTRUCTION MANAGER)
By: By: (Original Signature) (Original Signature)
«Rep_Name» Corp. Secretary «Rep_Name», President Typed Name and Title Typed Name and Title
CONTENT APPROVED:
Project Management and Construction Services Department The University of Texas at Austin
By: Trina A. Bickford Manager, Contracts Project Management & Construction Services
THE UNIVERSITY OF TEXAS AT AUSTIN (Owner)
By: Michael Carmagnola, Jr., AIA Director, Project Management and Construction Services
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CONSTRUCTION MANAGER AT RISK CONTRACT AGREEMENT for «Legal_Name» «Legal_Name» («Legal_Name»)
EXHIBIT B PERSONNEL, STAFF, SUBCONSULTANTS AND DUTIES HOURLY RATES [if applicable under 7.01(a)]
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CONSTRUCTION MANAGER AT RISK CONTRACT AGREEMENT for «Legal_Name» «Legal_Name» («Legal_Name»)
EXHIBIT C-1 (C-2, etc) GUARANTEED MAXIMUM PRICE (GMP-1 (GMP-2, etc)) PROPOSAL
We hereby submit to The University of Texas at Austin, pursuant to the provisions of Article V of the Construction Management-At-Risk Agreement by and between THE UNIVERSITY OF TEXAS AT AUSTIN, ("Owner"), and «Legal_Name», «Business_Type» ("CONSTRUCTION MANAGER"), dated the XXX day of XXXX in the year 20XX (date of original master CMR agreement), (the “Agreement”), a Guaranteed Maximum Price (GMP) for the Project (as defined in the Agreement) based on the Contract Documents plans and specifications for "«Legal_Name»" (as shown on cover of specs), as prepared by PSP of record, dated Date of plans and Specifications, 20XX, addendum #I dated date and addendum #2 dated date, etc. developed for the Project, as follows including base bid and alternates #I, #2, etc:
1. A lump sum, not-to exceed amount for the reimbursable Cost of the Work provided by the Agreement (exclusive of contingencies for design, bidding, and price $ 00.00 escalation): A. Mechanical related work $00.00 (provide detailed breakdown by B. Electrical $00.00 project element, phase, stage, C. Other Trades $00.00 schedule of values, separate D $00.00 subcontract, or as otherwise specified by Owner for this Project)
2. A lump sum, not-to-exceed amount for General Conditions items provided by Construction Manager pursuant to the Agreement (exclusive of contingencies for design, bidding, and price $ 00.00 escalation):
(provide detailed breakdown by Performance and Payment Bonds project element, phase, stage,
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schedule of values, separate subcontract, or as otherwise specified by Owner for this Project)
3. A total, not-to-exceed amount for contingencies for design completion, assumptions and $ 00.00 clarifications, bidding, and price escalation:
(provide detailed breakdown as required by Agreement or as specified by Owner)
4. A total, not-to-exceed amount for Owner Allowances as scheduled. $ 00.00
5. Total of Construction Manager’s Infrastructure Construction Phase Fees pursuant to the Agreement (X % x Items 1 & $ xxx,xxx.00 TOTAL FEE 2)
TOTAL GMP AMOUNT $ xxx.00 = TOTAL OF 1 THROUGH 5 This figure shall be the Guaranteed Maximum Price (GMP) which we hereby guarantee to the Owner. Attached is a breakdown showing the dollar amount allocated to each bidding package; all of which totals the GMP amount.
TIME OF COMPLETION: The Owner shall provide a Notice to proceed after final execution of the GMP, in which a date of commencement of the work shall be stated. The Contractor shall complete all of the work prior to Month Day, 20xx, as such completion date may be extended by approved Change Orders. The time set forth for completion of the work is an essential element of the GMP.
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IN WITNESS WHEREOF, intending to be bound, the Parties have entered into this Agreement as of the Effective Date of Month Day, 20xx. (date of contractor signing)
ATTEST:
(Seal) «Legal_Name» (CONSTRUCTION MANAGER)
By: By: (Original Signature) (Original Signature)
«Rep_Name», Corp. Secretary «Rep_Name», President Typed Name and Title Typed Name and Title
CONTENT APPROVED:
Project Management and Construction Services Department The University of Texas at Austin
By: Trina A. Bickford Manager, Contracts Project Management & Construction Services
THE UNIVERSITY OF TEXAS AT AUSTIN (Owner)
By: Michael Carmagnola, Jr., AIA Director, Project Management and Construction Services
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CONSTRUCTION MANAGER AT RISK CONTRACT AGREEMENT for «Legal_Name» «Legal_Name» («Legal_Name»)
EXHIBIT D
ANTICIPATED CONTRACT PROVISIONS FOR THE CONSTRUCTION MANAGER- AT-RISK CONTRACT
(To be completed by the Project Manager and to be included as an Exhibit with the Request For Qualifications.)
PROJECT NAME: «Project_Name» University of Texas at Austin
PROJECT NUMBER(S): CPXXXXXX, CPXXXXXX, CP , CP
YES NO AGREEMENT 1) X Identify if multi stage or fast track: both fast and multiple 2) X Is a constructability program required? 3) X Is there a specific phase of design in which the GMP is required to be submitted? At NA % of SD At 90 % of DD At 90 % of CD 4) X Percentage of the Pre-Construction Fee for each stage: a. Pre-Design Phase (Program) % b. Schematic Design Phase % c. Design Development Phase 25% d. Construction Document Phase 25% e. Bid Proposal Phase 50% Total 100%
5) X Substantial Completion Date(s) Project One: <
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6) X Liquidated damages amount per day: $Amount.00 per day (whole US dollars)
7) X CMR shall prepare and update the Estimated Construction Cost for SD, DD and CD at the following percentage of completion for each phase of the following stages: Stages One, Stage Two, Stage Three and subsequent stages 0% and then 100% SD 50 % and then 90 % DD 50 % and then 90 % CD
Exceptions: Stages One and Two do not need estimates for Schematic Design.
8) X Owners designated representative for day to day management is «PM_Name», Project Manager.
9) X The maximum number of construction document sets that will be furnished to the CMR for each Stage at the expense of the Owner is 10.
10) Listed are other services or conditions, not noted in the agreement, but at noted below shall become required parts of the agreement:
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CONSTRUCTION MANAGER AT RISK CONTRACT AGREEMENT for «Legal_Name» «Legal_Name» («Legal_Name»)
EXHIBIT E CONSTRUCTABILITY PROGRAM
NOT USED
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CONSTRUCTION MANAGER AT RISK CONTRACT AGREEMENT for «Legal_Name» «Legal_Name» («Legal_Name»)
EXHIBIT F
NOT USED
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CONSTRUCTION MANAGER AT RISK CONTRACT AGREEMENT for «Legal_Name» «Legal_Name» («Legal_Name»)
EXHIBIT G
PRICING SCHEDULE
General Notes: All personnel costs shall include, but not be limited to, salaries, fringe benefits including vacation, sick leave, education, training etc. All expenses shall be directly related to the scope of the project and verifiable as such. Refer to Article VIII, Cost of Work, of this Agreement. The following schedules indicate where pricing for each description is to be covered under the agreement. Please note exceptions under your responses for Section 8 paragraph C of "Respondent's Questionnaire".
I. General Contracting Services
CMR CMR CONSTRUCTION GENERAL DESCRIPTION FEE CONDITIONS DIRECT COST
Project Superintendent(s) x Assistant Superintendent(s) x Field Engineer x Corporate Executives x Principal in Charge x Project Executive x Legal x Project Manager(s) full time on site x Accounting x Scheduling x Purchasing x Value Engineering x Estimating x Safety Officer x EEO Officer x Secretarial x Clerk-Typist x Safety Engineer x Transportation Superintendent x Off-site Staff Transportation Costs x
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On-site Project Manager Transportation x Engineers Transportation x Project Budget Estimating x Project Phasing x Business Licenses(s) x
II. Safety, Security and Services
CMR CMR CONSTRUCTION GENERAL DESCRIPTION FEE CONDITIONS DIRECT COST
Safety Equipment x First Aid Supplies x Handrails & Toe Boards x Opening Protection x Fire Extinguishers/Fire Watch x Security Guard x Daily Cleanup x Final Cleanup x Temporary Fencing x Covered Walkways x Barricades x Safety Nets x Ambulance Costs x Debris Hauling/Removal x Traffic Control x 2-Way Radio Equipment x Trash Chute & Hoppers x Ice Removal x Fuel/Repair & Maintenance of all the above x
III. Facilities, Equipment and Services
CMR CMR CONSTRUCTION GENERAL DESCRIPTION FEE CONDITIONS DIRECT COST
Office Trailer Rental x Tool/Utility Trailer Rental x Water x Power Expenses x Temporary Lighting/Wiring x Temporary Water Service x Temporary Heat Expenses x Temporary Toilets/Sewer Services x Change/Shower Rooms x Lunch/Break Rooms x Temporary Stairs x
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Temporary Enclosures/Partitions x Protections x Bulletin Boards x Telephone Expenses on-site x Telephone Expenses off-site x Long distant fax on-site x Mobile phone expenses x Temporary Roads x Trucking Costs x Air Compressors x Dewatering Equipment x Temporary Generators x Miscellaneous Equipment x Fuel/Repairs & Maintenance for all the above x
IV. Vertical Hoisting
CMR CMR CONSTRUCTION GENERAL DESCRIPTION FEE CONDITIONS DIRECT COST
Hoist & Tower Rental x Small Material Hoist Rental x Hoist Landings & Fronts x Hoist Operators x Hoist Material Skips x Hoist Material Hoppers x Erection & Dismantle of Hoists Systems x Crane Rental x Crane Operators x Erection & Dismantle of Crane Systems x Temporary Elevator Rental x Elevator Operation Cost x Elevator Repairs & Maintenance x Elevator Operators x Forklift Rental x Forklift Operators x Communication Systems for all the above x Fuel/Repair & Maintenance for all the above x Safety Inspections for all the above x
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V. Production and Printing
CMR CMR CONSTRUCTION GENERAL DESCRIPTION FEE CONDITIONS DIRECT COST
As-built Documents (printing) x Accounting Forms and Reports x Field Report Forms and Reports x Contract Agreements x Schedule Forms and Reports x Estimating Forms and Reports x Cost Reporting Forms and Reports x Presentation Charts and Graphics x Data Process (in-house) x Data Process (out-sourced) x Reference Manuals x Maintenance Manuals x Operation Manuals x Special Forms x Duplication Expenses x Shop Drawing Printing x Postage & Delivery Expenses x Facsimile Expenses x
VI. Quality Control
CMR CMR CONSTRUCTION GENERAL DESCRIPTION FEE CONDITIONS DIRECT COST
Field Office Supplies/Materials x Project Photographs x Warranty Inspection Coordination x Air & Water Balancing x On-site Training Operator x Preparation of Operation Manuals x Preparation of Maintenance Manuals x
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VII. Permits and Special Fees
CMR CMR CONSTRUCTION GENERAL DESCRIPTION FEE CONDITIONS DIRECT COST
Storage Yard Rental x Bonded Storage Rental x Parking Fees x Curb & Gutter Permits x Sign Permits x Staking & Layout Fee/Costs x Sidewalk Permits x Landscape Permits x Street/Curb Design Charge x Curb Cut Permits x Building Permits x Plan Check Fees x Power Service Charge (final connection) x Steam Service Charge (final connection) x Chilled Water Service Charge (final connection) x Water Connection Fee (final connection) x Sanitary Connection Fee (final connection) x Storm Water Connection Fee (final connection) x Gas Service Charge (final connection) x Special Tap Fees x Contractors Licenses x Royalties x Use Fees x Construction Equipment Licenses x Construction Equipment Permits x AGC Fees x
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VIII. Insurance and Bonds
CMR CMR CONSTRUCTION GENERAL DESCRIPTION FEE CONDITIONS DIRECT COST
General Liability x Completed Operations Liability x Excess Liability Coverage x Workman's Compensation (on-site staff only) x FICA Insurance (on-site staff only) x Federal Unemployment (on-site staff only) x State Unemployment (on-site staff only) x Off-site Staff for all the above x
IX. Other Costs
CMR CMR CONSTRUCTION GENERAL DESCRIPTION FEE CONDITIONS DIRECT COST
Project Taxes (UT is tax-exempt) NA NA NA Construction Equipment x Construction Labor Cost x Construction Materials x Cost for Bid Packages x Corrective Work x Costs of Emergency Work (not GC fault) x GC General Overhead Costs x GC Profit/Margin x
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CONSTRUCTION MANAGER AT RISK CONTRACT AGREEMENT for «Legal_Name» «Legal_Name» («Legal_Name»)
EXHIBIT H HUB SUB-CONTRACTOR PLAN (HSP)
(to be completed with each GMP and each revision thereto in accordance with the requirements of EXHIBIT H of the original RFP)
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CONSTRUCTION MANAGER AT RISK CONTRACT AGREEMENT for «Legal_Name» «Legal_Name» («Legal_Name»)
EXHIBIT I ADDITIONAL SERVICES REQUISITION
______, 20XX
Mrs. Trina A. Bickford, Manager, Contracts Project Management and Construction Services Department The University of Texas at Austin Facility Complex FC1, Rm. 2.102 1301 E. Dean Keeton St. Austin, TX 78722
Re: «Legal_Name» «Legal_Name» («Legal_Name»)
Gentlemen:
Please refer to the Agreement dated the XX day of Xxxxx in the year 20XX, between THE UNIVERSITY OF TEXAS AT AUSTIN ("Owner") and the undersigned ("Construction Manager") as amended to the date hereof (such agreement as so modified and amended being hereafter called the "Agreement") pursuant to which Construction Manager is to perform certain services. The terms which are defined in the Agreement shall have the same meanings when used in this letter.
1. Owner has requested the performance of the services described below which Construction Manager deems to be Additional Services.
(Description of Services.)
2. Construction Manager agrees to perform the Additional Services described above subject to and in accordance with the terms and provisions of the Agreement for a fee which will be determined in accordance with the Agreement but which will not exceed ______Dollars ($______) and for reimbursement of expenses in accordance with the Agreement incurred solely in connection with the performance of such Additional Services, but which reimbursement for expenses will not exceed ______Dollars ($______).
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3. Construction Manager will perform the services in accordance with any schedule attached hereto (attach schedule if applicable), but in any event not later than ______(______) days after Construction Manager is authorized to proceed.
If the foregoing is acceptable to you, please so execute by signing the enclosed copy of this letter at the space provided for this purpose and by inserting the date upon which Construction Manager is authorized to commence performance of the Additional Services described in Paragraph 1 above.
Sincerely yours,
«Legal_Name» (CONSTRUCTION MANAGER)
By: (Original Signature)
Typed Name and Title
A FIELD ORDER shall be issued by the OWNER to authorize the CONSTRUCTION MANAGER to proceed with the above work. A CHANGE ORDER, for the above work and cost must be executed and signed by all parties prior to the submission of a PAYMENT REQUEST for same.
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Table of Contents
Article 1. Definitions
Article 2. Wage Rates and Other Laws Governing Construction
Article 3. General Responsibilities of Owner and Contractor
Article 4. Historically Underutilized Business (HUB) Subcontracting Plan
Article 5. Bonds and Insurance
Article 6. Construction Documents, Coordination Documents, and Record Documents
Article 7. Construction Safety
Article 8. Quality Control
Article 9. Construction Schedules
Article 10. Payments
Article 11. Changes
Article 12. Project Completion and Acceptance
Article 13. Warranty and Guarantee
Article 14. Suspension and Termination
Article 15. Dispute Resolution
Article 16. Certification of No Asbestos Containing Material or Work
Article 17. Miscellaneous
Issued on September 1, 2013 2013 Uniform General Conditions for UT System Construction Projects
Article 1. Definitions
Unless the context clearly requires another meaning, the following terms have the meaning assigned herein.
1.1 Application for Payment means Contractor’s monthly partial invoice for payment that includes any portion of the Work that has been completed for which an invoice has not been submitted and performed in accordance with the requirements of the Contract Documents. The Application for Payment accurately reflects the progress of the Work, is itemized based on the Schedule of Values, bears the notarized signature of Contractor, and shall not include subcontracted items for which Contractor does not intend to pay.
1.2 Application for Final Payment means Contractor’s final invoice for payment that includes any portion of the Work that has been completed for which an invoice has not been submitted, amounts owing to adjustments to the final Contract Sum resulting from approved change orders, and release of remaining Contractor’s retainage.
1.3 Architect/Engineer (A/E) means a person registered as an architect pursuant to Tex. Occ. Code Ann., Chapter 1051, as a landscape architect pursuant to Tex. Occ. Code Ann., Chapter 1052, a person licensed as a professional engineer pursuant Tex. Occ. Code Ann., Chapter 1001, and/or a firm employed by Owner or Design-Build Contractor to provide professional architectural or engineering services and to exercise overall responsibility for the design of a Project or a significant portion thereof, and to perform the contract administration responsibilities set forth in the Contract.
1.4 Baseline Schedule means the initial time schedule prepared by Contractor for Owner’s information and acceptance that conveys Contractor’s and Subcontractors’ activities (including coordination and review activities required in the Contract Documents to be performed by A/E and ODR), durations, and sequence of work related to the entire Project to the extent required by the Contract Documents. The schedule clearly demonstrates the critical path of activities, durations and necessary predecessor conditions that drive the end date of the schedule. The Baseline Schedule shall not exceed the time limit current under the Contract Documents.
1.5 Certificate of Final Completion means the certificate issued by A/E that documents, to the best of A/E’s knowledge and understanding, Contractor’s completion of all Contractor’s Punchlist items and pre-final Punchlist items, final cleanup and Contractor’s provision of Record Documents, operations and maintenance manuals, and all other Close-Out documents required by the Contract Documents.
1.6 Change Order means a written modification of the Contract between Owner and Contractor, signed by Owner, Contractor and A/E.
1.7 Close-out Documents mean the product brochures, submittals, product/equipment maintenance and operations instructions, manuals, and other documents/warranties, record documents, affidavit of payment, release of lien and claim, and as may be further defined, identified, and required by the Contract Documents.
1.8 Contract means the entire agreement between Owner and Contractor, including all of the Contract Documents.
1.9 Contract Date is the date when the agreement between Owner and Contractor becomes effective.
1.10 Contract Documents mean those documents identified as a component of the agreement (Contract) between Owner and Contractor. These may include, but are not limited to, Drawings; Specifications; General, and Owner’s Special Conditions; and all pre-bid and/or pre-proposal addenda.
1.11 Contract Sum means the total compensation payable to Contractor for completion of the Work in accordance with the terms of the Contract.
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1.12 Contract Time means the period between the start date identified in the Notice to Proceed with construction and the Substantial Completion date identified in the Notice to Proceed or as subsequently amended by a Change Order.
1.13 Contractor means the individual, corporation, limited liability company, partnership, firm, or other entity contracted to perform the Work, regardless of the type of construction contract used, so that the term as used herein includes a Construction Manager-at-Risk or a Design-Build firm as well as a general or prime Contractor. The Contract Documents refer to Contractor as if singular in number.
1.14 Construction Documents mean the Drawings, Specifications, and other documents issued to build the Project. Construction Documents become part of the Contract Documents when listed in the Contract or any Change Order.
1.15 Construction Manager-at-Risk, in accordance with Tex. Educ. Code § 51.782, means a sole proprietorship, partnership, corporation, or other legal entity that assumes the risk for construction, rehabilitation, alteration, or repair of a facility at the contracted price as a general Contractor and provides consultation to Owner regarding construction during and after the design of the facility.
1.16 Date of Commencement means the date designated in the Notice to Proceed for Contractor to commence the Work.
1.17 Day means a calendar day unless otherwise specifically stipulated.
1.18 Design-Build means a project delivery method in which the detailed design and subsequent construction is provided through a single contract with a Design-Build firm; a team, partnership, or legal entity that includes design professionals and a builder. The Design-Build Project delivery shall be implemented in accordance with Tex. Educ. Code § 51.780.
1.19 Drawings mean that product of A/E which graphically depicts the Work.
1.20 Final Completion means the date determined and certified by A/E and Owner on which the Work is fully and satisfactorily complete in accordance with the Contract.
1.21 Final Payment means the last and final monetary compensation made to Contractor for any portion of the Work that has been completed and accepted for which payment has not been made, amounts owing to adjustments to the final Contract Sum resulting from approved change orders, and release of Contractor’s retainage.
1.22 Historically Underutilized Business (HUB) pursuant to Tex. Gov’t Code, Chapter 2161, means a business that is at least fifty one percent (51%) owned by an Asian Pacific American, a Black American, a Hispanic American, a Native American and/or an American Woman; is an entity with its principal place of business in Texas; and has an owner residing in Texas with proportionate interest that actively participates in the control, operations, and management of the entity’s affairs.
1.23 Notice to Proceed means written document informing Contractor of the dates beginning Work and the dates anticipated for Substantial Completion.
1.24 Open Item List means a list of work activities, Punchlist items, changes or other issues that are not expected by Owner and Contractor to be complete prior to Substantial Completion.
1.25 Owner means the State of Texas, and any agency of the State of Texas, acting through the responsible entity of the State of Texas identified in the Contract as Owner.
1.26 Owner’s Designated Representative (ODR) means the individual assigned by Owner to act on its behalf and to undertake certain activities as specifically outlined in the Contract. ODR is the only party authorized to direct changes to the scope, cost, or time of the Contract.
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1.27 Owner’s Special Conditions mean the documents containing terms and conditions which may be unique to the Project. Owner’s Special Conditions are a part of the Contract Documents and have precedence over the Uniform General Conditions.
1.28 Project means all activities necessary for realization Owner’s desired building or other structure including all ancillary and related work. This includes design, contract award(s), execution of the Work itself, work by Owner’s forces and/or other Contractors and fulfillment of all Contract and warranty obligations.
1.29 Progress Assessment Report (PAR) means the monthly compliance report to Owner verifying compliance with the HUB subcontracting plan (HSP).
1.30 Proposed Change Order (PCO) means a document that informs Contractor of a proposed change in the Work and appropriately describes or otherwise documents such change including Contractor’s response of pricing for the proposed change.
1.31 Punchlist means a list of items of Work to be completed or corrected by Contractor before Final Completion. Punchlists indicate items to be finished, remaining Work to be performed, or Work that does not meet quality or quantity requirements as required in the Contract Documents.
1.32 Record Documents mean the drawing set, Specifications, and other materials maintained by Contractor that documents all addenda, Architect’s Supplemental Instructions, Change Orders and postings and markings that record the as-constructed conditions of the Work and all changes made during construction.
1.33 Request for Information (RFI) means a written request by Contractor directed to A/E or ODR for a clarification of the information provided in the Contract Documents or for direction concerning information necessary to perform the Work that may be omitted from the Contract Documents.
1.34 Samples mean representative physical examples of materials, equipment, or workmanship used to confirm compliance with requirements and/or to establish standards for use in execution of the Work.
1.35 Schedule of Values means the detailed breakdown of the cost of the materials, labor, and equipment necessary to accomplish the Work as described in the Contract Documents, submitted by Contractor for approval by Owner and A/E.
1.36 Shop Drawings mean the drawings, diagrams, illustrations, schedules, performance charts, brochures, and other data prepared by Contractor or its agents which detail a portion of the Work.
1.37 Site means the geographical area of the location of the Work.
1.38 Specifications mean the written product of A/E that establishes the quality and/or performance of products utilized in the Work and processes to be used, including testing and verification for producing the Work.
1.39 Subcontractor means a business entity that enters into an agreement with Contractor to perform part of the Work or to provide services, materials, or equipment for use in the Work.
1.40 Submittal Register means a list provided by Contractor of all items to be furnished for review and approval by A/E and Owner and as identified in the Contract Documents including anticipated sequence and submittal dates.
1.41 Substantial Completion means the date determined and certified by Contractor, A/E, and Owner when the Work, or a designated portion thereof, is sufficiently complete, in accordance with the Contract, so as to be operational and fit for the use intended.
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1.42 Unit Price Work means the Work, or a portion of the Work, paid for based on incremental units of measurement.
1.43 Unilateral Change Order (ULCO) means a Change Order issued by Owner without the complete agreement of Contractor, as to cost and/or time.
1.44 Work means the administration, procurement, materials, equipment, construction and all services necessary for Contractor, and/or its agents, to fulfill Contractor’s obligations under the Contract.
1.45 Work Progress Schedule means the continually updated time schedule prepared and monitored by Contractor that accurately indicates all necessary appropriate revisions as required by the conditions of the Work and the Project while maintaining a concise comparison to the Baseline Schedule.
Article 2. Wage Rates and Other Laws Governing Construction
2.1 Environmental Regulations. Contractor shall conduct activities in compliance with applicable laws and regulations and other requirements of the Contract relating to the environment and its protection at all times. Unless otherwise specifically determined, Owner is responsible for obtaining and maintaining permits related to stormwater run-off. Contractor shall conduct operations consistent with stormwater run-off permit conditions. Contractor is responsible for all items it brings to the Site, including hazardous materials, and all such items brought to the Site by its Subcontractors and suppliers, or by other entities subject to direction of Contractor. Contractor shall not incorporate hazardous materials into the Work without prior approval of Owner, and shall provide an affidavit attesting to such in association with request for Substantial Completion inspection.
2.2 Wage Rates. Contractor shall not pay less than the wage scale of the various classes of labor as shown on the prevailing wage schedule provided by Owner in the bid or proposal specifications. The specified wage rates are minimum rates only. Owner is not bound to pay any claims for additional compensation made by any Contractor because the Contractor pays wages in excess of the applicable minimum rate contained in the Contract. The prevailing wage schedule is not a representation that qualified labor adequate to perform the Work is available locally at the prevailing wage rates.
2.2.1 Notification to Workers. Contractor shall post the prevailing wage schedule in a place conspicuous to all workers on the Project Site and shall notify each worker, in writing, of the following as they commence work on the Contract: the worker’s job classification, the established minimum wage rate requirement for that classification, as well as the worker’s actual wage. The notice must be delivered to and signed in acknowledgement of receipt by the worker and must list both the wages and fringe benefits to be paid or furnished for each classification in which the worker is assigned duties. When requested by Owner, Contractor shall furnish evidence of compliance with the Texas Prevailing Wage Law and the addresses of all workers.
2.2.1.1 Contractor shall submit a copy of each worker’s wage-rate notification to ODR with the application for progress payment for the period during which the worker was engaged in activities on behalf of the Project.
2.2.1.2 The prevailing wage schedule is determined by Owner in compliance with Tex. Gov’t Code, Chapter 2258. Should Contractor at any time become aware that a particular skill or trade not reflected on Owner’s prevailing wage schedule will be or is being employed in the Work, whether by Contractor or by Subcontractor, Contractor shall promptly inform ODR of the proposed wage to be paid for the skill along with a justification for same and ODR shall promptly concur with or reject the proposed wage and classification. Contractor is responsible for determining the most appropriate wage for a particular skill in relation to similar skills or trades identified on the prevailing wage schedule. In no case, shall any worker be paid less than the wage indicated for laborers.
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2.2.2 Penalty for Violation. Contractor, and any Subcontractor, will pay to the State a penalty of sixty dollars ($60.00) for each worker employed for each day, or portion thereof, that the worker is paid less than the wage rates stipulated in the prevailing wage schedule.
2.2.3 Complaints of Violations.
2.2.3.1 Owner’s Determination of Good Cause. Upon receipt of information concerning a violation, Owner will conduct an investigation in accordance with Tex. Gov’t Code, Chapter 2258 and make an initial determination as to whether good cause exists that a violation occurred. Upon making a good cause finding, Owner will retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage schedule and any supplements thereto, together with the applicable penalties, such amounts being subtracted from successive progress payments pending a final decision on the violation.
2.2.3.2 No Extension of Time. If Owner’s determination proves valid that good cause existed to believe a violation had occurred, Contractor is not entitled to an extension of time for any delay arising directly or indirectly from the arbitration procedures.
2.3 Venue for Suits. The venue for any suit arising from the Contract will be in a court of competent jurisdiction in Travis County, Texas, or as may otherwise be designated in the Owner’s Special Conditions.
2.4 Licensing of Trades. Contractor shall comply with all applicable provisions of State law related to license requirements for skilled tradesmen, Contractors, suppliers and or laborers, as necessary to accomplish the Work. In the event Contractor, or one of its Subcontractors, loses its license during the term of performance of the Contract, Contractor shall promptly hire or contract with a licensed provider of the service at no additional cost to Owner.
2.5 Royalties, Patents, and Copyrights. Contractor shall pay all royalties and license fees, defend suits or claims for infringement of copyrights and patent rights, and shall hold Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by Owner or A/E. However, if Contractor has reason to believe that the required design, process, or product is an infringement of a copyright or a patent, Contractor shall be responsible for such loss unless such information is promptly furnished to A/E.
2.6 State Sales and Use Taxes. Owner qualifies for exemption from certain State and local sales and use taxes pursuant to the provisions of Tex. Tax Code, Chapter 151. Upon request from Contractor, Owner shall furnish evidence of tax exempt status. Contractor may claim exemption from payment of certain applicable State taxes by complying with such procedures as prescribed by the State Comptroller of Public Accounts. Owner acknowledges not all items qualify for exemption. Owner is not obligated to reimburse Contractor for taxes paid on items that qualify for tax exemption.
Article 3. General Responsibilities of Owner and Contractor
3.1 Owner’s General Responsibilities. Owner is the entity identified as such in the Contract and referred to throughout the Contract Documents as if singular in number.
3.1.1 Preconstruction Conference. Prior to, or concurrent with, the issuance of Notice to Proceed with construction, a conference will be convened for attendance by Owner, Contractor, A/E and appropriate Subcontractors. The purpose of the conference is to establish a working
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understanding among the parties as to the Work, the operational conditions at the Project Site, and general administration of the Project. Topics include communications, schedules, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, maintaining required records and all other matters of importance to the administration of the Project and effective communications between the Project team members.
3.1.2 Owner’s Designated Representative. Prior to the start of construction, Owner will identify Owner’s Designated Representative (ODR), who has the express authority to act and bind Owner to the extent and for the purposes described in the various Articles of the Contract, including responsibilities for general administration of the Contract.
3.1.2.1 Unless otherwise specifically defined elsewhere in the Contract Documents, ODR is the single point of contact between Owner and Contractor. Notice to ODR, unless otherwise noted, constitutes notice to Owner under the Contract.
3.1.2.2 All directives on behalf of Owner will be conveyed to Contractor and A/E by ODR in writing.
3.1.2.3 Owner will furnish or cause to be furnished, free of charge, the number of complete sets of the Drawings, Specifications, and addenda as provided in the Agreement or Owner’s Special Conditions.
3.1.3 Owner Supplied Materials and Information.
3.1.3.1 Owner will furnish to Contractor those surveys describing the physical characteristics, legal description, limitations of the Site, Site utility locations, and other information used in the preparation of the Contract Documents.
3.1.3.2 Owner will provide information, equipment, or services under Owner’s control to Contractor with reasonable promptness.
3.1.4 Availability of Lands. Owner will furnish, as indicated in the Contract, all required rights to use the lands upon which the Work occurs. This includes rights-of-way and easements for access and such other lands that are designated for use by Contractor. Contractor shall comply with all Owner identified encumbrances or restrictions specifically related to use of lands so furnished. Owner will obtain and pay for easements for permanent structures or permanent changes in existing facilities, unless otherwise required in the Contract Documents.
3.1.5 Limitation on Owner’s Duties.
3.1.5.1 Owner will not supervise, direct, control or have authority over or be responsible for Contractor’s means, methods, technologies, sequences or procedures of construction or the safety precautions and programs incident thereto. Owner is not responsible for any failure of Contractor to comply with laws and regulations applicable to the Work. Owner is not responsible for the failure of Contractor to perform or furnish the Work in accordance with the Contract Documents. Except as provided in Section 2.5, Owner is not responsible for the acts or omissions of Contractor, or any of its Subcontractors, suppliers or of any other person or organization performing or furnishing any of the Work on behalf of Contractor.
3.1.5.2 Owner will not take any action in contravention of a design decision made by A/E in preparation of the Contract Documents, when such actions are in conflict with statutes under which A/E is licensed for the protection of the public health and safety.
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3.2 Role of Architect/Engineer. Unless specified otherwise in the Contract between Owner and Contractor, A/E shall provide general administration services for Owner during the construction phase of the project. Written correspondence, requests for information, and Shop Drawings/submittals shall be directed to A/E for action. A/E has the authority to act on behalf of Owner to the extent provided in the Contract Documents, unless otherwise modified by written instrument, which will be furnished to Contractor by ODR, upon request.
3.2.1 Site Visits.
3.2.1.1 A/E will make visits to the Site at intervals as provided in the A/E’s Contract with Owner, to observe the progress and the quality of the various aspects of Contractor’s executed Work and report findings to Owner.
3.2.1.2 A/E has the authority to interpret Contract Documents and inspect the Work for compliance and conformance with the Contract. Except as referenced in Paragraph 3.1.5.2, Owner retains the sole authority to accept or reject Work and issue direction for correction, removal, or replacement of Work.
3.2.2 Clarifications and Interpretations. It may be determined that clarifications or interpretations of the Contract Documents are necessary. Upon direction by ODR, such clarifications or interpretations will be provided by A/E consistent with the intent of the Contract Documents. A/E will issue these clarifications with reasonable promptness to Contractor as A/E’s supplemental instruction (“ASI”) or similar instrument. If Contractor believes that such clarification or interpretation justifies an adjustment in the Contract Sum or the Contract Time, Contractor shall so notify Owner in accordance with the provisions of Article 11.
3.2.3 Limitations on Architect/Engineer Authority. A/E is not responsible for:
3.2.3.1 Contractor’s means, methods, techniques, sequences, procedures, safety, or programs incident to the Project, nor will A/E supervise, direct, control or have authority over the same;
3.2.3.2 The failure of Contractor to comply with laws and regulations applicable to the furnishing or performing the Work;
3.2.3.3 Contractor’s failure to perform or furnish the Work in accordance with the Contract Documents; or
3.2.3.4 Acts or omissions of Contractor, or of any other person or organization performing or furnishing any of the Work.
3.3 Contractor’s General Responsibilities. Contractor is solely responsible for implementing the Work in full compliance with all applicable laws and the Contract Documents and shall supervise and direct the Work using the best skill and attention to assure that each element of the Work conforms to the Contract requirements. Contractor is solely responsible for all construction means, methods, techniques, safety, sequences, coordination and procedures.
3.3.1 Contractor shall visit the Site before commencing the Work and become familiar with local conditions such as the location, accessibility and general character of the Site and/or building.
3.3.2 Project Administration. Contractor shall provide Project administration for all Subcontractors, vendors, suppliers, and others involved in implementing the Work and shall coordinate administration efforts with those of A/E and ODR in accordance with these general conditions, Division 1 of the Specifications and other provisions of the Contract, and as outlined in the pre-construction conference.
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3.3.2.1 At the request of Owner and at no additional cost, Contractor shall furnish to the ODR one copy of the current edition of the RSMeans Facilities Construction Cost Data Book in hard copy format or digital medium as directed by the ODR.
3.3.3 Contractor’s Management Personnel. Contractor shall employ a competent person or persons who will be present at the Project Site during the progress of the Work to supervise or oversee the work. The competent persons are subject to the approval of ODR. Contractor shall not change approved staff during the course of the project without the written approval of ODR unless the staff member leaves the employment of Contractor. Contractor shall provide additional quality control, safety and other staff as stated in the Contract Documents.
3.3.4 Labor. Contractor shall provide competent, suitably qualified personnel to survey, lay-out, and construct the Work as required by the Contract Documents and maintain good discipline and order at the Site at all times.
3.3.5 Services, Materials, and Equipment. Unless otherwise specified, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities, incidentals, and services necessary for the construction, performance, testing, start-up, inspection and completion of the Work.
3.3.6 Contractor General Responsibility. For Owner furnished equipment or material that will be in the care, custody, and control of Contractor, Contractor is responsible for damage or loss.
3.3.7 Non-Compliant Work. Should A/E and/or ODR identify Work as non-compliant with the Contract Documents, A/E and/or ODR shall communicate the finding to Contractor, and Contractor shall correct such Work at no additional cost to the Owner. The approval of Work or the failure to find non-compliant Work by either A/E or ODR does not relieve Contractor from the obligation to comply with all requirements of the Contract Documents.
3.3.8 Subcontractors. Contractor shall not employ any Subcontractor, supplier or other person or organization, whether initially or as a substitute, against whom Owner shall have reasonable objection. Owner will communicate such objections in writing within ten (10) calendar days of receipt of Contractor’s intent to use such Subcontractor, supplier, or other person or organization. Contractor is not required to employ any Subcontractor, supplier or other person or organization to furnish any of the work to whom Contractor has reasonable objection. Contractor shall not substitute Subcontractors without the acceptance of Owner.
3.3.8.1 All Subcontracts and supply contracts shall be consistent with and bind the Subcontractors and suppliers to the terms and conditions of the Contract Documents including provisions of the Contract between Contractor and Owner.
3.3.8.2 Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor. Require all Subcontractors, suppliers and such other persons and organizations performing or furnishing any of the Work to communicate with Owner only through Contractor. Contractor shall furnish to Owner a copy, at Owner’s request, of each first-tier subcontract promptly after its execution. Contractor agrees that Owner has no obligation to review or approve the content of such contracts and that providing Owner such copies in no way relieves Contractor of any of the terms and conditions of the Contract, including, without limitation, any provisions of the Contract which require the Subcontractor to be bound to Contractor in the same manner in which Contractor is bound to Owner.
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3.3.9 Continuing the Work. Contractor shall carry on the Work and adhere to the progress schedule during all disputes, disagreements, or alternative resolution processes with Owner. Contractor shall not delay or postpone any Work because of pending unresolved disputes, disagreements or alternative resolution processes, except as Owner and Contractor may agree in writing.
3.3.10 Cleaning. Contractor shall at all times, keep the Site and the Work clean and free from accumulation of waste materials or rubbish caused by the construction activities under the Contract. Contractor shall ensure that the entire Project is thoroughly cleaned prior to requesting Substantial Completion inspection and, again, upon completion of the Project prior to the final inspection.
3.3.11 Acts and Omissions of Contractor, its Subcontractors and Employees. Contractor shall be responsible for acts and omissions of his employees and all its Subcontractors, their agents and employees. Owner may, in writing, require Contractor to remove from the Project any of Contractor’s or its Subcontractor’s employees whom ODR finds to be careless, incompetent, unsafe, uncooperative, disruptive, or otherwise objectionable.
3.3.12 Ancillary Areas. Contractor shall operate and maintain operations and associated storage areas at the site of the Work in accordance with the following:
3.3.12.1 All Contractor operations, including storage of materials and employee parking upon the Site of Work, shall be confined to areas designated by Owner.
3.3.12.2 Contractor may erect, at its own expense, temporary buildings that will remain its property. Contractor shall remove such buildings and associated utility service lines upon completion of the Work, unless Contractor requests and Owner provides written consent that it may abandon such buildings and utilities in place.
3.3.12.3 Contractor shall use only established roadways or construct and use such temporary roadways as may be authorized by Owner. Contractor shall not allow load limits of vehicles to exceed the limits prescribed by appropriate regulations or law. Contractor shall provide protection to road surfaces, curbs, sidewalks, trees, shrubbery, sprinkler systems, drainage structures and other like existing improvements to prevent damage and repair any damage thereto at the expense of Contractor.
3.3.12.4 Owner may restrict Contractor’s entry to the Site to specifically assigned entrances and routes.
3.3.13 Separate Contracts. Owner reserves the right to award other contracts in connection with the Project under the same or substantially similar contract terms, including those portions related to insurance and waiver of subrogation. Owner reserves the right to perform operations related to the Project with Owner’s own forces.
3.3.14 Under a system of separate contracts, the conditions described herein continue to apply except as may be amended by change order.
3.3.15 Contractor shall cooperate with other contractors or forces employed on the Project by Owner, including providing access to Site, integration of activities within Contractor’s Work Progress Schedule and Project information as requested.
3.3.16 Owner shall be reimbursed by Contractor for costs incurred by Owner which are payable to a separate contractor because of delays, improperly timed activities, or defective construction by Contractor. Owner will equitably adjust the Contract by Change Order for costs incurred by Contractor because of delays, improperly timed activities, damage to the Work or defective construction by a separate Contractor.
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3.4 Indemnification of Owner.
3.4.1 Contractor covenants and agrees to FULLY INDEMNIFY and HOLD HARMLESS, Owner and the elected and appointed officials, employees, officers, directors, volunteers, and representatives of Owner, individually or collectively, from and against any and all costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions, demands, causes of action, liability and suits of any kind and nature, including but not limited to, personal or bodily injury, death or property damage, made upon Owner directly or indirectly arising out of, resulting from or related to Contractor’s activities under this Contract, including any acts or omissions of Contractor, or any agent, officer, director, representative, employee, consultant or the Subcontractor of Contractor, and their respective officers, agents, employees, directors and representatives while in the exercise of performance of the rights or duties under this Contract. The indemnity provided for in this paragraph does not apply to any liability resulting from the negligence of the Owner, its officers or employees, separate Contractors or assigned Contractors, in instances where such negligence causes personal injury, death or property damage. IN THE EVENT CONTRACTOR AND OWNER ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY WILL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE STATE UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW.
3.4.2 Contractor shall protect and indemnify the Owner from and against all claims, damages, judgments and losses arising from infringement or alleged infringement of any United States patent, or copyright that arise out of any of the work performed by the Contractor or the use by Contractor, or by Owner at the direction of Contractor, of any article or material. Upon becoming aware of a suit or threat of suit for patent or copyright infringement, Owner shall promptly notify Contractor and Contractor shall be given full opportunity to negotiate a settlement. Contractor does not warrant against infringement by reason of Owner's or Project Architect’s design of articles or their use in combination with other materials or in the operation of any process. In the event of litigation, Owner agrees to cooperate reasonably with Contractor and parties shall be entitled, in connection with any such litigation, to be represented by counsel at their own expense.
3.4.3 The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
3.4.4 Contractor shall promptly advise Owner in writing of any claim or demand against Owner or against Contractor which involves Owner and known to Contractor and related to or arising out of Contractor’s activities under this Contract.
3.4.5 These indemnitie provisions shall survive the termination of this Agreement regardless of the reason for termination.
Article 4. Historically Underutilized Business (HUB) Subcontracting Plan
4.1 General Description. The purpose of the Historically Underutilized Business (HUB) program is to promote equal business opportunities for economically disadvantaged persons (as defined by Tex. Gov’t Code, Chapter 2161) to contract with the State of Texas in accordance with the goals specified in the State of Texas Disparity Study. The HUB program annual procurement utilization goals are defined in 34 T.A.C. § 20.13(b).
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4.1.1 State agencies are required by statute to make a good faith effort to assist HUBs in participating in contract awards issued by the State. 34 T.A.C. § 20.13(b) outlines the State’s policy to encourage the utilization of HUBs in State contracting opportunities through race, ethnic and gender neutral means.
4.1.2 A Contractor who contracts with the State in an amount of $100,000.00 or greater is required to make a good faith effort to award subcontracts to HUBs in accordance with 34 T.A.C. § 20.14(a)(2)(A) by submitting a HUB subcontracting plan within twenty-four (24) hours after the bid or response is due and complying with the HUB subcontracting plan after it is accepted by Owner and during the term of the Contract.
4.2 Compliance with Approved HUB Subcontracting Plan. Contractor, having been awarded this Contract in part by complying with the HUB program statute and rules, hereby covenants to continue to comply with the HUB program as follows:
4.2.1 Prior to adding or substituting a Subcontractor, promptly notify Owner in the event a change is required for any reason to the accepted HUB subcontracting plan.
4.2.2 Conduct the good-faith effort activities required and provide Owner with necessary documentation to justify approval of a change to the approved HUB subcontracting plan.
4.2.3 Cooperate in the execution of a Change Order or such other approval of the change in the HUB subcontracting plans as Contractor and Owner may agree to.
4.2.4 Maintain and make available to Owner upon request business records documenting compliance with the accepted HUB subcontracting plan.
4.2.5 Upon receipt of payment for performance of Work, submit to Owner a compliance report, in the format required by Owner that demonstrates Contractor’s performance of the HUB subcontracting plan.
4.2.5.1 Progress Assessment Report (PAR): monthly compliance reports to Owner (contracting agency), verifying their compliance with the HUB subcontracting plan, including the use/expenditures they have made to Subcontractors. (The PAR is available at http://www.window.state.tx.us/procurement/prog/hub/hub- forms/progressassessmentrpt.xls).
4.2.6 Promptly and accurately explain and provide supplemental information to Owner to assist in Owner’s investigation of Contractor’s good-faith effort to fulfill the HUB subcontracting plan and the requirements under 34 T.A.C. § 20.14(a)(1).
4.3 Failure to Demonstrate Good-Faith Effort. Upon a determination by Owner that Contractor has failed to demonstrate a good-faith effort to fulfill the HUB subcontracting plan or any Contract covenant detailed above, Owner may, in addition to all other remedies available to it, report the failure to perform to the Comptroller of Public Accounts, Texas Procurement and Support Services Division, Historically Underutilized Business Program and may bar Contractor from future contracting opportunities with Owner.
Article 5. Bonds and Insurance
5.1 Construction Bonds. Contractor is required to tender to Owner, prior to commencing the Work, performance and payment bonds, as required by Tex. Gov’t Code, Chapter 2253. On Construction Manager-at-Risk and Design-Build Projects the Owner shall require a security bond, as described in Subsection 5.1.2 below.
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5.1.1 Bond Requirements. Each bond shall be executed by a corporate surety or sureties authorized to do business in the State of Texas and acceptable to Owner, on Owner’s form, and in compliance with the relevant provisions of the Texas Insurance Code. If any bond is for more than ten percent (10%) of the surety’s capital and surplus, Owner may require certification that the company has reinsured the excess portion with one or more reinsurers authorized to do business in the State. A reinsurer may not reinsure for more than ten percent (10%) of its capital and surplus. If a surety upon a bond loses its authority to do business in the State, Contractor shall, within thirty (30) calendar days after such loss, furnish a replacement bond at no added cost to Owner.
5.1.1.1 A Performance bond is required if the Contract Sum is in excess of $100,000.00 The performance bond is solely for the protection of Owner. The performance bond is to be for the Contract Sum to guarantee the faithful performance of the Work in accordance with the Contract Documents. The form of the bond shall be approved by the Office of the Attorney General of Texas. The performance bond shall be effective through Contractor’s warranty period.
5.1.1.2 A Payment bond is required if the Contract price is in excess of $25,000.00 The payment bond is to be for the Contract Sum and is payable to Owner solely for the protection and use of payment bond beneficiaries. The form of the bond shall be approved by the Office of the Attorney General of Texas.
5.1.2 Security Bond. The security bond provides protection to Owner if Contractor presents an acceptable guaranteed maximum price (“GMP”) to Owner but is unable to deliver the required payment and performance bonds within the time period stated below.
5.1.3 When Bonds Are Due
5.1.3.1 Security bonds are due before execution of a Construction Manager-at-Risk or Design-Build Contract.
5.1.3.2 Payment and performance bonds are due before execution of a contract on competitively bid or competitively sealed proposal projects or before execution of a GMP proposal on Construction Manager-at-Risk projects or Design-Build projects.
5.1.4 Power of Attorney. Each bond shall be accompanied by a valid power of attorney (issued by the surety company and attached, signed and sealed with the corporate embossed seal, to the bond) authorizing the attorney-in-fact who signs the bond to commit the company to the terms of the bond, and stating any limit in the amount for which the attorney can issue a single bond.
5.1.5 Bond Indemnification. The process of requiring and accepting bonds and making claims thereunder shall be conducted in compliance with Tex. Gov’t Code, Chapter 2253. IF FOR ANY REASON A STATUTORY PAYMENT OR PERFORMANCE BOND IS NOT HONORED BY THE SURETY, CONTRACTOR SHALL FULLY INDEMNIFY AND HOLD OWNER HARMLESS OF AND FROM ANY COSTS, LOSSES, OBLIGATIONS OR LIABILITIES IT INCURS AS A RESULT.
5.1.6 Furnishing Bond Information. Owner shall furnish certified copies of the payment bond and the related Contract to any qualified person seeking copies who complies with Tex. Gov’t Code § 2253.026.
5.1.7 Claims on Payment Bonds. Claims on payment bonds must be sent directly to Contractor and his surety in accordance with Tex. Gov’t Code § 2253.041. All payment bond claimants are cautioned that no lien exists on the funds unpaid to Contractor on such Contract, and that
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reliance on notices sent to Owner may result in loss of their rights against Contractor and/or his surety. Owner is not responsible in any manner to a claimant for collection of unpaid bills, and accepts no such responsibility because of any representation by any agent or employee.
5.1.8 Payment Claims when Payment Bond not Required. The rights of Subcontractors regarding payment are governed by Tex. Prop. Code §§ 53.231 – 53.239 when the value of the Contract between Owner and Contractor is less than $25,000.00. These provisions set out the requirements for filing a valid lien on funds unpaid to Contractor as of the time of filing the claim, actions necessary to release the lien and satisfaction of such claim.
5.1.9 Sureties. A surety shall be listed on the US Department of the Treasury’s Listing of Approved Sureties maintained by the Bureau of Financial Management Service (FMS), www.fms.treas.gov/c570, stating companies holding Certificates of Authority as acceptable sureties on Federal bonds and acceptable reinsuring companies (FMS Circular 570).
5.2 Insurance Requirements. Contractor shall carry insurance in the types and amounts indicated in this Article for the duration of the Contract. The required insurance shall include coverage for Owner’s property prior to construction, during construction and during the warranty period. The insurance shall be evidenced by delivery to Owner of certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Upon request, Owner, and/or its agents, shall be entitled to receive without expense, copies of the policies and all endorsements. Contractor shall update all expired policies prior to submission for monthly payment. Failure to update policies shall be reason for withholding of payment until renewal is provided to Owner.
5.2.1 Contractor, consistent with its status as an independent Contractor, shall provide and maintain all insurance coverage with the minimum amounts described below until the end of the warranty period unless otherwise stated in Owner’s Special Conditions. Failure to maintain insurance coverage, as required, is grounds for suspension of Work for cause pursuant to Article 14. The Contractor will be notified of the date on which the Builder’s Risk insurance policy may be terminated by any means deemed appropriate by Owner.
5.2.2 Coverage shall be written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and rated A-, VII or better by A.M. Best Company or similar rating company or otherwise acceptable to Owner.
5.2.2.1 Insurance Coverage Required.
5.2.2.1.1 Workers’ Compensation. Insurance with limits as required by the Texas Workers’ Compensation Act and Employer’s Liability Insurance with limits of not less than:
$1,000,000.00 each accident;
$1,000,000.00 disease each employee ; and
$1,000,000.00 disease policy limit.
Policies must include (a) Other States Endorsement to include TEXAS if business is domiciled outside the State of Texas, and (b) a waiver of all rights of subrogation in favor of Owner.
5.2.2.1.2 Commercial General Liability Insurance, including premises, operations, independent contractor’s liability, products and completed operations and contractual liability, covering, but not
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limited to, the liability assumed under the indemnification provisions of this Contract, fully insuring Contractor’s (or Subcontractor’s) liability for bodily injury (including death) and property damage with a minimum limit of:
$1,000,000.00 per occurrence;
$2,000,000.00 general aggregate;
$2,000,000.00 products and completed operations aggregate; and
Coverage shall be on an “occurrence” basis.
The policy shall include coverage extended to apply to completed operations and explosion, collapse, and underground hazards. The policy shall include endorsement CG2503 Amendment of Aggregate Limits of Insurance (per Project) or its equivalent.
If the Work involves any activities within fifty (50) feet of any railroad, railroad protective insurance as may be required by the affected railroad, written for not less than the limits required by such railroad.
5.2.2.1.3 Asbestos Abatement Liability Insurance, including coverage for liability arising from the encapsulation, removal, handling, storage, transportation, and disposal of asbestos containing materials. *This requirement applies if the Work or the Project includes asbestos containing materials.
The combined single limit for bodily injury and property damage will be a minimum of $1,000,000.00 per occurrence.
*Specific requirement for claims-made form: Required period of coverage will be determined by the following formula: continuous coverage for life of the Contract, plus one (1) year (to provide coverage for the warranty period), and an extended discovery period for a minimum of five (5) years which shall begin at the end of the warranty period.
Employer’s liability limits for asbestos abatement will be:
$1,000,000.00 each accident;
$1,000,000.00 disease each employee; and
$1,000,000.00 disease policy limit.
If this Contract is for asbestos abatement only, the All-Risk Builder’s Risk or all-risk installation floater (5.2.2.1.5.e) is not required.
5.2.2.1.4 Business Automobile Liability Insurance, covering all owned, hired, and non-owned vehicles, with a minimum combined single limit for bodily injury (including death) and property damage of $1,000,000.00 per occurrence. No aggregate shall be permitted for this type of coverage.
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Such insurance is to include coverage for loading and unloading hazards.
Contractor or any subcontractor responsible for transporting asbestos or other hazardous materials defined as asbestos shall provide pollution coverage for any vehicle hauling asbestos containing cargo. The policy must include a MCS 90 endorsement with a $5,000,000.00 limit and the CA 9948 Pollution Endorsement, or its equivalent.
5.2.2.1.5 All-Risk Builder’s Risk Insurance, if applicable (or all-risk installation floater for instances in which the project involves solely the installation of material and/or equipment). Coverage is determined by the Contract Sum, as detailed, below.
BUILDERS RISK REQUIREMENT FOR PROJECTS WITH A CONTRACT SUM <$20 MILLION
5.2.2.1.5.1 Contractor shall purchase and maintain in force builders risk insurance on the entire Work. Such insurance shall be written in the amount of the original contract, plus any subsequent change orders and plus the cost of materials supplied or installed by others, comprising Total Value for the entire Project at the site. The insurance shall apply on a replacement cost basis with no coinsurance provision. A sublimit may be applicable to flood coverage, but sublimit must be at least twenty percent (20%) of the Total Value of the Project. The limit for all other perils, including Named Windstorm, Wind, and Hail, must be equal to the Total Value for the entire Project at the site. (If Installation Floater, limit shall be equal to one hundred percent (100%) of the contract cost.)
5.2.2.1.5.2 This insurance shall name as insureds the Owner, the Contractor, and all subcontractors and sub- subcontractors in the Work.
5.2.2.1.5.3 Builders risk insurance shall be on an “all risk” or equivalent policy form and shall include, without limitation, insurance against fire and extended coverage perils, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, boiler and machinery/mechanical breakdown, testing and startup, and terrorism.
5.2.2.1.5.4 This insurance shall cover the entire work at the site as required in 5.2.2.1.5.1, including, but not limited to, the following: Temporary works including but not limited to scaffolding, form work, fences, shoring, hoarding, falsework and temporary buildings Offsite Storage Portions of the work in transit Debris removal Extra Expense Expediting Expenses Demolition and Increased Cost of Construction Pollutant Clean-Up and Removal Trees, Shrubs, Plants, Lawns and Landscaping (if applicable) Errors & Omissions (applicable to purchase of Builders Risk policy only)
5.2.2.1.5.5 This insurance shall not contain an occupancy clause suspending or reducing coverage should the Owner occupy, or begin beneficial occupancy before the Owner has accepted final completion.
5.2.2.1.5.6 This insurance shall be specific as to coverage and shall be primary to any permanent insurance or self-insurance that may be maintained on the property by Owner.
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5.2.2.1.5.7 This insurance shall include a waiver of subrogation in favor of Owner, the Contractor, and all subcontractors and sub-subcontractors in the work.
5.2.2.1.5.8 As applicable, Flood deductible shall not exceed $250,000.00 for Zone A, $100,000.00 for Zone B and $50,000.00 for all other Zones. For Tier 1 and Tier 2, Named Windstorm deductible shall not exceed two percent (2%) of the project values in place at the time of the loss.
5.2.2.1.5.9 Before the commencement of the work, Contractor shall provide to Owner an accurate certificate of insurance that provides specific evidence of all requirements outlined in Section 5.2.2.1.5. A copy of the policy itself shall be provided to Owner within thirty (30) calendar days after Notice to Proceed.
5.2.2.1.5.10 Refer to Owner’s Special Conditions for possible additional Builders Risk insurance requirements.
BUILDERS RISK REQUIREMENT FOR PROJECTS WITH A CONTRACT SUM ≥$20 MILLION
5.2.2.1.5.11 Contractor shall purchase and maintain in force builders risk insurance on the entire Work. Such insurance shall be written in the amount of the original contract, plus any subsequent change orders and plus the cost of materials supplied or installed by others, comprising Total Value for the entire Project at the site. The insurance shall apply on a replacement cost basis with no coinsurance provision and shall include a margin clause of plus/minus ten percent (10%) on project value. A sublimit may be applicable to flood coverage, but sublimit must be at least twenty percent (20%) of the Total Value of the Project. A sublimit of $50 million or the Total Value of the Project, whichever is less, is acceptable for Earthquake. The limit for all other perils, including Named Windstorm, Wind, and Hail, must be equal to the Total Value for the entire Project at the site. (If Installation Floater, limit shall be equal to one hundred percent (100%) of the contract cost.)
5.2.2.1.5.12 This insurance shall name as insureds the Owner, the Contractor, and all subcontractors and sub- subcontractors in the Work.
5.2.2.1.5.13 Builders risk insurance shall be on an “all risk” or equivalent policy form and shall include, without limitation, insurance against fire and extended coverage perils, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, boiler and machinery/mechanical breakdown, testing and startup, and terrorism.
5.2.2.1.5.14 This insurance shall cover the entire work at the site as required in 5.2.2.1.5.1, including, but not limited to, the following:
Coverage Minimum Limit Required Temporary works including but not limited to $1 million scaffolding, form work, fences, shoring, hoarding, falsework and temporary buildings Offsite Storage Sufficient to cover the anticipated maximum values stored offsite Portions of the work in Transit Sufficient to cover the anticipated maximum values in transit Debris Removal 25% of Physical damage amount subject to maximum of $5 million or 25% of Total Value of Project whichever is higher Expediting Expenses $1 million Extra Expense $5 million Demolition and Increased Cost of Construction $2 million or 10% of Total Value of Project whichever is higher Pollutant Clean-Up and Removal $250,000.00 Trees, Shrubs, Plants, Lawns and Landscaping (if $2,500.00 per item subject to a maximum of $1 million applicable) Errors & Omissions (applicable to purchase of Builders $2.5 million
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Risk policy only)
5.2.2.1.5.15 This insurance shall not contain an occupancy clause suspending or reducing coverage should the Owner occupy, or begin beneficial occupancy before the Owner has accepted final completion.
5.2.2.1.5.16 This insurance shall be specific as to coverage and shall be primary to any permanent insurance or self-insurance that may be maintained on the property by Owner.
5.2.2.1.5.17 This insurance shall include a waiver of subrogation in favor of Owner, the Contractor, and all subcontractors and sub-subcontractors in the work.
5.2.2.1.5.18 As applicable, Flood deductible shall not exceed $250,000.00 for Zone A, $100,000.00 for Zone B and $50,000.00 for all other Zones. For Tier 1 and Tier 2, Named Windstorm deductible shall not exceed two percent (2%) of the project values in place at the time of the loss.
5.2.2.1.5.19 Before the commencement of the work, Contractor shall provide to Owner an accurate certificate of insurance that provides specific evidence of all requirements outlined in Section 5.2.2.1.5. A copy of the policy itself shall be provided to Owner within thirty (30) calendar days after Notice to Proceed.
5.2.2.1.5.20 Refer to Owner’s Special Conditions for possible additional Builders Risk insurance requirements.
5.2.2.1.6 “Umbrella” Liability Insurance. On Projects that are not insured under the Owner’s Revolving Owner Controlled Insurance Program (ROCIP) or any project requiring demolition services, Contractor shall obtain, pay for and maintain umbrella liability insurance during the Contract term, insuring Contractor (or Subcontractor) that provides coverage at least as broad as and applies in excess and follows form of the primary liability coverages required above. The policy shall provide “drop down” coverage where underlying primary insurance coverage limits are insufficient or exhausted.
5.2.2.1.7 “Umbrella” Liability Insurance coverage shall be in the following amounts: If Contract sum is $1,000,000.00 or less: No Umbrella Required If Contract Sum is greater than $1,000,000.00 up to $3,000,000.00: $1,000,000.00 each occurrence and $2,000,000.00 annual aggregate If Contract Sum is greater than $3,000,000.00 up to $5,000,000.00: $5,000,000.00 each occurrence and $5,000,000.00 annual aggregate If Contract Sum is greater than $5,000,000.00: $10,000,000.00 each occurrence and $10,000,000.00 annual aggregate
5.2.3 All Policies must include the following clauses, as applicable:
5.2.3.1 Contractor must provide to Owner immediate notice of cancellation, material change, or non-renewal to any insurance coverages required herein above. This requirement may be satisfied by the Contractor providing a copy of the notice received by the insurer to Owner within two (2) business days of date of receipt or by Endorsement of the policies that require Insurer to provide notice to Owner.
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5.2.3.2 It is agreed that Contractor’s insurance shall be deemed primary with respect to any insurance or self-insurance carried by Owner for liability arising out of operations under the Contract with Owner.
5.2.3.3 Owner, its officials, directors, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured performed under Contract with Owner. The additional insured status must cover completed operations as well. This is not applicable to workers’ compensation policies.
5.2.3.4 A waiver of subrogation in favor of Owner shall be provided in all policies.
5.2.3.5 If Owner is damaged by the failure of Contractor (or Subcontractor) to maintain insurance as required herein and/or as further described in Owner’s Special Conditions, then Contractor shall bear all reasonable costs properly attributable to that failure.
5.2.4 Without limiting any of the other obligations or liabilities of Contractor, Contractor shall require each Subcontractor performing work under the Contract, at Subcontractor’s own expense, to maintain during the term of the Contract, the same stipulated minimum insurance including the required provisions and additional policy conditions as shown above. As an alternative, Contractor may include its Subcontractors as additional insureds on its own coverage as prescribed under these requirements. Contractor’s certificate of insurance shall note in such event that Subcontractors are included as additional insureds and that Contractor agrees to provide workers’ compensation for Subcontractors and their employees. Contractor shall obtain and monitor the certificates of insurance from each Subcontractor in order to assure compliance with the insurance requirements. Contractor must retain the certificates of insurance for the duration of the Contract plus five (5) years and shall have the responsibility of enforcing these insurance requirements among its Subcontractors. Owner shall be entitled, upon request and without expense, to receive copies of these certificates.
5.2.5 Workers’ compensation insurance coverage must meet the statutory requirements of Tex. Lab. Code § 401.011(44) and specific to construction projects for public entities as required by Tex. Lab. Code § 406.096.
5.2.5.1 Definitions:
5.2.5.1.1 Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (DWC-81, DWC-82, DWC-83, or DWC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.
5.2.5.1.2 Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity.
5.2.5.1.3 Persons providing services on the project ("subcontractor" in §406.096) – includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or
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employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.
5.2.5.2 The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project.
5.2.5.3 The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.
5.2.5.4 If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.
5.2.5.5 The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) No later than seven (7) calendar days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.
5.2.5.6 The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.
5.2.5.7 The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.
5.2.5.8 The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Depart of Insurance Division of Workers' Compensation, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage.
5.2.5.9 The Contractor shall contractually require each person with whom it contracts to provide services on a project, to:
(1) Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project;
(2) Provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project;
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(3) Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
(4) Obtain from each other person with whom it contracts, and provide to the Contractor:
(a) A certificate of coverage, prior to the other person beginning work on the project; and
(b) A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
(5) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter;
(6) Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) calendar days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and
(7) Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services.
5.2.5.10 By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.
5.2.5.11 The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten (10) calendar days after receipt of notice of breach from the governmental entity.
Article 6. Construction Documents, Coordination Documents, and Record Documents
6.1 Drawings and Specifications.
6.1.1 Copies Furnished. Contractor will be furnished, free of charge, the number of complete sets of the Drawings, Specifications, and addenda as provided in the Agreeement or the Owner’s Special Conditions. Additional complete sets of Drawings and Specifications, if requested, will be furnished at reproduction cost to the entity requesting such additional sets. Electronic copies of such documents will be provided to Contractor without charge.
6.1.2 Ownership of Drawings and Specifications. All Drawings, Specifications and copies thereof furnished by A/E are to remain A/E’s property. These documents are not to be used on any other project, and with the exception of the Contract record set and electronic versions needed for warranty operations, are to be returned to the A/E, upon request, following completion of the Work.
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6.1.3 Interrelation of Documents. The Contract Documents as referenced in the Contract between Owner and Contractor are complementary, and what is required by one shall be as binding as if required by all.
6.1.4 Resolution of Conflicts in Documents. Where conflicts may exist within the Contract Documents, the documents shall govern in the following order: (a) Change Orders, addenda, and written amendments to the Contract; (b) the Contract; (c) Drawings; (d) Specifications (but Specifications shall control over Drawings as to quality of materials and installation); and (e) other Contract Documents. Among other categories of documents having the same order of precedence, the term or provision that includes the latest date shall control. Contractor shall notify A/E and ODR for resolution of the issue prior to executing the Work in question.
6.1.5 Contractor’s Duty to Review Contract Documents. In order to facilitate its responsibilities for completion of the Work in accordance with and as reasonably inferable from the Contract Documents, prior to commencing the Work, Contractor shall examine and compare the Contract Documents, information furnished by Owner, relevant field measurements made by Contractor and any visible or reasonably anticipated conditions at the Site affecting the Work. This duty extends throughout the construction phase prior to commencing each particular work activity and/or system installation.
6.1.6 Discrepancies and Omissions in Drawings and Specifications.
6.1.6.1 Promptly report to ODR and to A/E the discovery of any apparent error, omission or inconsistency in the Contract Documents prior to execution of the Work.
6.1.6.2 It is recognized that Contractor is not acting in the capacity of a licensed design professional, unless it is performing as a Design-Build firm.
6.1.6.3 It is further recognized that Contractor’s examination of Contract Documents is to facilitate construction and does not create an affirmative responsibility to detect errors, omissions or inconsistencies or to ascertain compliance with applicable laws, building codes or regulations, unless it is performing as a Design-Build firm or a Construction Manager-at-Risk.
6.1.6.4 When performing as a Design-Build firm, Contractor has sole responsibility for discrepancies, errors, and omissions in the Drawings and Specifications.
6.1.6.5 When performing as a Construction Manager-at-Risk, Contractor has a shared responsibility with A/E for discovery and resolution of discrepancies, errors, and omissions in the Contract Documents. In such case, Contractor’s responsibility pertains to review, coordination, and recommendation of resolution strategies within budget constraints.
6.1.6.6 Contractor has no liability for errors, omissions, or inconsistencies unless Contractor knowingly failed to report a recognized problem to Owner or the Work is executed under a Design-Build or Construction Manager-at-Risk Contract as outlined above. Should Contractor fail to perform the examination and reporting obligations of these provisions, Contractor is responsible for avoidable costs and direct and/or consequential damages.
6.1.6.7 Owner does not warrant or make any representations as to the accuracy, suitability or completeness of any information furnished to Contractor by Owner or it representatives.
6.2 Requirements for Record Documents. Contractor shall:
6.2.1 Maintain at the Site one copy of all Drawings, Specifications, addenda, approved submittals, Contract modifications, and all Project correspondence. Keep current and maintain Drawings and Specifications in good order with postings and markings to record actual conditions of Work and show and reference all changes made during construction. Provide Owner and A/E access to these documents.
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6.2.2 Maintain the Record Documents which reflect the actual field conditions and representations of the Work performed, whether it be directed by addendum, Change Order or otherwise. Make available the Record Documents and all records prescribed herein for reference and examination by Owner and its representatives and agents.
6.2.3 Update the Record Documents at least monthly prior to submission of periodic partial pay estimates. Failure to maintain current Record Documents constitutes cause for denial of a progress payment otherwise due.
6.2.4 Prior to requesting Substantial Completion inspection Contractor shall furnish a copy of its marked-up Record Documents and a preliminary copy of each instructional manual, maintenance and operating manual, parts catalog, wiring diagrams, spare parts, specified written warranties and like publications, or parts for all installed equipment, systems, and like items and as described in the Contract Documents.
6.2.5 Once determined acceptable by ODR with input from A/E, provide one (1) reproducible copy and one (1) electronic media copy in a format acceptable to the ODR `of all Record Documents, unless otherwise required by the Owner’s Special Conditions.
6.2.6 Contractor shall be responsible for updating the Record Documents for all Contractor initiated documents and changes to the Contract Documents due to coordination and actual field conditions, including RFIs.
6.2.7 A/E shall be responsible for updating the Record Documents for any addenda, Change Orders, A/E supplemental instructions and any other alterations to the Contract Documents generated by A/E or Owner.
Article 7. Construction Safety
7.1 General. It is the duty and responsibility of Contractor and all of its Subcontractors to be familiar with, enforce and comply with all requirements of Public Law No. 91-596, 29 U.S.C. § 651 et. seq., the Occupational Safety and Health Act of 1970, (OSHA) and all amendments thereto. Contractor shall prepare a safety plan specific to the Project and submit it to ODR and A/E prior to commencing Work. In addition, Contractor and all of its Subcontractors shall comply with all applicable laws and regulations of any public body having jurisdiction for safety of persons or property to protect them from damage, injury or loss and erect and maintain all necessary safeguards for such safety and protection.
7.2 Notices. Contractor shall provide notices as follows:
7.2.1 Notify owners of adjacent property including those that own or operate utility services and/or underground facilities, and utility owners, when prosecution of the Work may affect them or their facilities, and cooperate with them in the protection, removal, relocation and replacement, and access to their facilities and/or utilities.
7.2.2 Coordinate the exchange of material safety data sheets (MSDSs) or other hazard communication information required to be made available to or exchanged between or among employers at the site in connection with laws and regulations. Maintain a complete file of MSDSs for all materials in use on site throughout the construction phase and make such file available to Owner and its agents as requested.
7.3 Emergencies. In any emergency affecting the safety of persons or property, Contractor shall act to minimize, mitigate, and prevent threatened damage, injury or loss.
7.3.1 Have authorized agents of Contractor respond immediately upon call at any time of day or night when circumstances warrant the presence of Contractor to protect the Work or adjacent property from damage or to take such action pertaining to the Work as may be necessary to provide for the safety of the public.
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7.3.2 Give ODR and A/E prompt notice of all such events.
7.3.3 If Contractor believes that any changes in the Work or variations from Contract Documents have been caused by its emergency response, promptly notify Owner within seventy-two (72) hours of the emergency response event.
7.3.4 Should Contractor fail to respond, Owner is authorized to direct other forces to take action as necessary and Owner may deduct any cost of remedial action from funds otherwise due Contractor.
7.4 Injuries. In the event of an incident or accident involving outside medical care for an individual on or near the Work, Contractor shall notify ODR and other parties as may be directed promptly, but no later than twenty-four (24) hours after Contractor learns that an event required medical care.
7.4.1 Record the location of the event and the circumstances surrounding it, by using photography or other means, and gather witness statements and other documentation which describes the event.
7.4.2 Supply ODR and A/E with an incident report no later than thirty-six (36) hours after the occurrence of the event. In the event of a catastrophic incident (one (1) fatality or three (3) workers hospitalized), barricade and leave intact the scene of the incident until all investigations are complete. A full set of incident investigation documents, including facts, finding of cause, and remedial plans shall be provided within one (1) week after occurrence, unless otherwise directed by legal counsel. Contractor shall provide ODR with written notification within one week of such catastrophic event if legal counsel delays submission of full report.
7.5 Environmental Safety. Upon encountering any previously unknown potentially hazardous material, or other materials potentially contaminated by hazardous material, Contractor shall immediately stop work activities impacted by the discovery, secure the affected area, and notify ODR immediately.
7.5.1 Bind all Subcontractors to the same duty.
7.5.2 Upon receiving such notice, ODR will promptly engage qualified experts to make such investigations and conduct such tests as may be reasonably necessary to determine the existence or extent of any environmental hazard. Upon completion of this investigation, ODR will issue a written report to Contractor identifying the material(s) found and indicate any necessary steps to be taken to treat, handle, transport or dispose of the material.
7.5.3 Owner may hire third-party Contractors to perform any or all such steps.
7.5.4 Should compliance with ODR’s instructions result in an increase in Contractor’s cost of performance, or delay the Work, Owner will make an equitable adjustment to the Contract Sum and/or the time of completion, and modify the Contract in writing accordingly.
7.6 Trenching Plan. When the project requires excavation which either exceeds a depth of four (4) feet, or results in any worker’s upper body being positioned below grade level, Contractor is required to submit a trenching plan to ODR prior to commencing trenching operations unless an engineered plan is part of the Contract Documents. The plan is required to be prepared and sealed by a professional engineer registered in the State of Texas, and hired or employed by Contractor or Subcontractor to perform the work. Said engineer cannot be anyone who is otherwise either directly or indirectly engaged on this project.
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Article 8. Quality Control
8.1 Materials & Workmanship. Contractor shall execute Work in a good and workmanlike matter in accordance with the Contract Documents. Contractor shall develop and provide a quality control plan specific to this Project and acceptable to Owner. Where Contract Documents do not specify quality standards, complete and construct all Work in compliance with generally accepted construction industry standards. Unless otherwise specified, incorporate all new materials and equipment into the Work under the Contract.
8.2 Testing.
8.2.1 Owner is responsible for coordinating and paying for routine and special tests required to confirm compliance with quality and performance requirements, except as stated below or otherwise required by the Contract Documents.
8.2.2 Contractor shall provide the following testing as well as any other testing required of Contractor by the Specifications:
8.2. 2.1 Any test of basic material or fabricated equipment included as part of a submittal for a required item in order to establish compliance with the Contract Documents.
8.2. 2.2 Any test of basic material or fabricated equipment offered as a substitute for a specified item on which a test may be required in order to establish compliance with the Contract Documents.
8.2. 2.3 Preliminary, start-up, pre-functional and operational testing of building equipment and systems as necessary to confirm operational compliance with requirements of the Contract Documents.
8.2. 2.4 All subsequent tests on original or replaced materials conducted as a result of prior testing failure.
8.2.3 All testing shall be performed in accordance with standard test procedures by an accredited laboratory, or special consultant as appropriate, acceptable to Owner. Results of all tests shall be provided promptly to ODR, A/E, and Contractor.
8.2.4 Non-Compliance (Test Results). Should any of the tests indicate that a material and/or system does not comply with the Contract requirements, the burden of proof remains with Contractor, subject to:
8.2.4.1 Contractor selection and submission of the laboratory for Owner acceptance.
8.2.4.2 Acceptance by Owner of the quality and nature of tests.
8.2.4.3 All tests taken in the presence of A/E and/or ODR, or their representatives.
8.2.4.4 If tests confirm that the material/systems comply with Contract Documents, Owner will pay the cost of the test.
8.2.4.5 If tests reveal noncompliance, Contractor will pay those laboratory fees and costs of that particular test and all future tests, of that failing Work, necessary to eventually confirm compliance with Contract Documents.
8.2.4.6 Proof of noncompliance with the Contract Documents will make Contractor liable for any corrective action which ODR determines appropriate, including complete removal and replacement of non-compliant work or material.
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8.2.5 Notice of Testing. Contractor shall give ODR and A/E timely notice of its readiness and the date arranged so ODR and A/E may observe such inspection, testing, or approval.
8.2.6 Test Samples. Contractor is responsible for providing Samples of sufficient size for test purposes and for coordinating such tests with their Work Progress Schedule to avoid delay.
8.2.7 Covering Up Work. If Contractor covers up any Work without providing Owner an opportunity to inspect, Contractor shall, if requested by ODR, uncover and recover the work at Contractor’s expense.
8.3 Submittals.
8.3.1 Contractor’s Submittals. Contractor shall submit with reasonable promptness consistent with the Project schedule and in orderly sequence all Shop Drawings, Samples, or other information required by the Contract Documents, or subsequently required by Change Order. Prior to submitting, Contractor shall review each submittal for general compliance with Contract Documents and approve submittals for review by A/E and Owner by an approval stamp affixed to each copy. Submittal data presented without Contractor’s stamp of approval will be returned without review or comment. Any delay resulting from Contractor’s failure to certify approval of the Submittal is Contractor’s responsibility.
8.3.1.1 Contractor shall within twenty-one (21) calendar days of the effective date of the Notice To Proceed with construction, submit to ODR and A/E, a submittal schedule/register, organized by specification section, listing all items to be furnished for review and approval by A/E and Owner. The list shall include Shop Drawings, manufacturer’s literature, certificates of compliance, materials Samples, materials colors, guarantees, and all other items identified throughout the Specifications.
8.3.1.2 Contractor shall indicate the type of item, Contract requirements reference, and Contractor’s scheduled dates for submitting the item along with the requested dates for approval answers from A/E and Owner. The submittal register shall indicate the projected dates for procurement of all included items and shall be updated at least monthly with actual approval and procurement dates. Contractor’s Submittal Register must be reasonable in terms of the review time for complex submittals. Contractor’s submittal schedule must be consistent with the Work Progress Schedule and identify critical submittals. Show and allow a minimum of fifteen (15) calendar days duration after receipt by A/E and ODR for review and approval. If re-submittal required, allow a minimum of an additional fifteen (15) calendar days for review. Submit the updated Submittal Register with each request for progress payment. Owner may establish routine review procedures and schedules for submittals at the preconstruction conference and/or elsewhere in the Contract Documents. If Contractor fails to update and provide the Submittal Register as required, Owner may, after seven (7) calendar days notice to Contractor withhold a reasonable sum of money that would otherwise be due Contractor.
8.3.1.3 Contractor shall coordinate the Submittal Register with the Work Progress Schedule. Do not schedule Work requiring a submittal to begin prior to scheduling review and approval of the related submittal. Revise and/or update both schedules monthly to ensure consistency and current project data. Provide to ODR the updated Submittal Register and schedule with each application for progress payment. Refer to requirements for the Work Progress Schedule for inclusion of procurement activities therein. Regardless, the Submittal Register shall identify dates submitted and returned and shall be used to confirm status and disposition of particular items submitted, including approval or other action taken and other information not conveniently tracked through the Work Progress Schedule.
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8.3.1.4 By submitting Shop Drawings, Samples or other required information, Contractor represents that it has determined and verified all applicable field measurements, field construction criteria, materials, catalog numbers and similar data; and has checked and coordinated each Shop Drawing and Sample with the requirements of the Work and the Contract Documents.
8.3.2 Review of Submittals. A/E and ODR review is only for conformance with the design concept and the information provided in the Contract Documents. Responses to submittals will be in writing. The approval of a separate item does not indicate approval of an assembly in which the item functions. The approval of a submittal does not relieve Contractor of responsibility for any deviation from the requirements of the Contract unless Contractor informs A/E and ODR of such deviation in a clear, conspicuous, and written manner on the submittal transmittal and at the time of submission, and obtains Owner’s written specific approval of the particular deviation.
8.3.3 Correction and Resubmission. Contractor shall make any corrections required to a submittal and resubmit the required number of corrected copies promptly so as to avoid delay, until submittal approval. Direct attention in writing to A/E and ODR, when applicable, to any new revisions other than the corrections requested on previous submissions.
8.3.4 Limits on Shop Drawing Review. Contractor shall not commence any Work requiring a submittal until review of the submittal under Subsection 8.3.2. Construct all such work in accordance with reviewed submittals. Comments incorporated as part of the review in Subsection 8.3.2 of Shop Drawings and Samples is not authorization to Contractor to perform extra work or changed work unless authorized through a Change Order. A/E’s and ODR’s review, if any, does not relieve Contractor from responsibility for defects in the Work resulting from errors or omissions of any kind on the submittal, regardless of any approval action.
8.3.5 No Substitutions Without Approval. ODR and A/E may receive and consider Contractor’s request for substitution when Contractor agrees to reimburse Owner for review costs and satisfies the requirements of this section. If Contractor does not satisfy these conditions, ODR and A/E will return the request without action except to record noncompliance with these requirements. Owner will not consider the request if Contractor cannot provide the product or method because of failure to pursue the Work promptly or coordinate activities properly. Contractor’s request for a substitution may be considered by ODR and A/E when:
8.3.5.1 The Contract Documents do not require extensive revisions; and
8.3.5.2 Proposed changes are in keeping with the general intent of the Contract Documents and the design intent of A/E and do not result in an increase in cost to Owner; and
8.3.5.3 The request is timely, fully documented, properly submitted and one or more of the following apply:
8.3.5.3.1 Contractor cannot provide the specified product, assembly or method of construction within the Contract Time;
8.3.5.3.2 The request directly relates to an “or-equal” clause or similar language in the Contract Documents;
8.3.5.3.3 The request directly relates to a “product design standard” or “performance standard” clause in the Contract Documents;
8.3.5.3.4 The requested substitution offers Owner a substantial advantage in cost, time, energy conservation or other considerations, after deducting additional responsibilities Owner must assume;
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8.3.5.3.5 The specified product or method of construction cannot receive necessary approval by an authority having jurisdiction, and ODR can approve the requested substitution;
8.3.5.3.6 Contractor cannot provide the specified product, assembly or method of construction in a manner that is compatible with other materials and where Contractor certifies that the substitution will overcome the incompatibility;
8.3.5.3.7 Contractor cannot coordinate the specified product, assembly or method of construction with other materials and where Contractor certifies they can coordinate the proposed substitution; or
8.3.5.3.8 The specified product, assembly or method of construction cannot provide a warranty required by the Contract Documents and where Contractor certifies that the proposed substitution provides the required warranty.
8.3.6 Unauthorized Substitutions at Contractor’s Risk. Contractor is financially responsible for any additional costs or delays resulting from unauthorized substitution of materials, equipment or fixtures other than those specified. Contractor shall reimburse Owner for any increased design or contract administration costs resulting from such unauthorized substitutions.
8.4 Field Mock-up.
8.4.1 Mock-ups shall be constructed prior to commencement of a specified scope of work to confirm acceptable workmanship.
8.4.1.1 As a minimum, field mock-ups shall be constructed for roofing systems, exterior veneer / finish systems, glazing systems, and any other Work requiring a mock-up as identified throughout the Contract Documents. Mock-ups for systems not part of the Project scope shall not be required.
8.4.1.2 Mock-ups may be incorporated into the Work if allowed by the Contract Documents and if acceptable to ODR. If mock-ups are freestanding, they shall remain in place until otherwise directed by Owner.
8.4.1.3 Contractor shall include field mock-ups in their Work Progress Schedule and shall notify ODR and A/E of readiness for review sufficiently in advance to coordinate review without delay.
8.5 Inspection During Construction.
8.5.1 Contractor shall provide sufficient, safe, and proper facilities, including equipment as necessary for safe access, at all reasonable times for observation and/or inspection of the Work by Owner and its agents.
8.5.2 Contractor shall not cover up any Work with finishing materials or other building components prior to providing Owner and its agents an opportunity to perform an inspection of the Work.
8.5.2.1 Should corrections of the Work be required for approval, Contractor shall not over up corrected Work until Owner indicates approval.
8.5.2.2 Contractor shall provide notification of at least five (5) working days or otherwise as mutually agreed, to ODR of the anticipated need for a cover-up inspection. Should ODR fail to make the necessary inspection within the agreed period, Contractor may proceed with cover-up Work, but is not relieved of responsibility for Work to comply with requirements of the Contract Documents.
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Article 9. Construction Schedules
9.1 Contract Time. TIME IS AN ESSENTIAL ELEMENT OF THE CONTRACT. The Contract Time is the time between the dates indicated in the Notice to Proceed for commencement of the Work and for achieving Substantial Completion. The Contract Time can be modified only by Change Order. Failure to achieve Substantial Completion within the Contract Time or as otherwise agreed to in writing will cause damage to Owner and may subject Contractor to liquidated damages as provided in the Contract Documents. If Contractor fails to achieve Final Completion in a reasonable time after Substantial Completion, Contractor shall be responsible for Owner’s damages including, but not limited to, additional inspection, project management, and maintenance cost to the extent caused by Contractor’s failure to achieve Final Completion.
9.2 Notice to Proceed. Owner will issue a Notice to Proceed which shall state the dates for beginning Work and for achieving Substantial Completion of the Work.
9.3 Work Progress Schedule. Refer to Owner’s Special Conditions and Division 1 of the Specifications for additional schedule requirements. Unless indicated otherwise in those documents, Contractor shall submit their initial Work Progress Schedule for the Work in relation to the entire Project not later than twenty-one (21) calendar days after the effective date of the Notice to Proceed to ODR and A/E. Unless otherwise indicated in the Contract Documents, the Work Progress Schedule shall be computerized Critical Path Method (CPM) with fully editable logic. This initial schedule shall indicate the dates for starting and completing the various aspects required to complete the Work, including mobilization, procurement, installation, testing, inspection, delivery of Close-out Documents and acceptance of all the Work of the Contract. When acceptable to Owner, the initially accepted schedule shall be the Baseline Schedule for comparison to actual conditions throughout the Contract duration. Note: This article pertains to construction phase schedules. Additional requirements for design phase scheduling for Construction Manager-at-Risk and Design-Build contracts are outlined in Division 1 Project Planning and Scheduling Specifications.
9.3.1 Schedule Requirements. Contractor shall submit electronic and paper copy of the initial Work Progress Schedule reflecting accurate and reliable representations of the planned progress of the Work, the Work to date if any, and of Contractor’s actual plans for its completion. Contractor shall organize and provide adequate detail so the schedule is capable of measuring and forecasting the effect of delaying events on completed and uncompleted activities.
9.3.1.1 Contractor shall re-submit initial schedule as required to address review comments from A/E and ODR until such schedule is accepted as the Baseline Schedule.
9.3.1.2 Submittal of a schedule, schedule revision or schedule update constitutes Contractor’s representation to Owner of the accurate depiction of all progress to date and that Contractor will follow the schedule as submitted in performing the Work.
9.3.2 Schedule Updates. Contractor shall update the Work Progress Schedule and the Submittal Register monthly, as a minimum, to reflect progress to date and current plans for completing the Work, while maintaining original schedule as Baseline Schedule and submit paper and electronic copies of the update to A/E and ODR as directed, but as a minimum with each request for payment. Owner has no duty to make progress payments unless accompanied by the updated Work Progress Schedule. Show the anticipated date of completion reflecting all extensions of time granted through Change Order as of the date of the update. Contractor may revise the Work Progress Schedule when in Contractor’s judgment it becomes necessary for the management of the Work. Contractor shall identify all proposed changes to schedule logic to Owner and to A/E via an executive summary accompanying the updated schedule for review prior to final implementation of revisions into a revised Baseline Schedule. Schedule changes that materially impact Owner’s operations shall be communicated promptly to ODR and shall not be incorporated into the revised Baseline Schedule without ODR’s consent.
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9.3.3 The Work Progress Schedule is for Contractor’s use in managing the Work and submittal of the schedule, and successive updates or revisions, is for the information of Owner and to demonstrate that Contractor has complied with requirements for planning the Work. Owner’s acceptance of a schedule, schedule update or revision constitutes Owner’s agreement to coordinate its own activities with Contractor’s activities as shown on the schedule.
9.3.3.1 Acceptance of the Work Progress Schedule, or update and/or revision thereto does not indicate any approval of Contractor’s proposed sequences and duration.
9.3.3.2 Acceptance of a Work Progress Schedule update or revision indicating early or late completion does not constitute Owner’s consent, alter the terms of the Contract, or waive either Contractor’s responsibility for timely completion or Owner’s right to damages for Contractor’s failure to do so.
9.3.3.3 Contractor’s scheduled dates for completion of any activity or the entire Work do not constitute a change in terms of the Contract. Change Orders are the only method of modifying the Substantial Completion Date(s) and Contract Time.
9.4 Ownership of Float. Unless indicated otherwise in the Contract Documents, Contractor shall develop its schedule, pricing, and execution plan to provide a minimum of ten percent (10%) total float at acceptance of the Baseline Schedule. Float time contained in the Work Progress Schedule is not for the exclusive benefit of Contractor or Owner, but belongs to the Project and may be consumed by either party. Before Contractor uses any portion of the float Contractor must submit a written request to do so to the Owner and receive Owner’s written authorization to use the float. Owner’s approval shall not be unreasonably withheld.
9.5 Completion of Work. Contractor is accountable for completing the Work within the Contract Time stated in the Contract, or as otherwise amended by Change Order.
9.5.1 If, in the judgment of Owner, the work is behind schedule and the rate of placement of work is inadequate to regain scheduled progress to insure timely completion of the entire work or a separable portion thereof, Contractor, when so informed by Owner, shall immediately take action to increase the rate of work placement by:
9.5.1.1 An increase in working forces.
9.5.1.2 An increase in equipment or tools.
9.5.1.3 An increase in hours of work or number of shifts.
9.5.1.4 Expedite delivery of materials.
9.5.1.5 Other action proposed if acceptable to Owner.
9.5.2 Within ten (10) calendar days after such notice from ODR, Contractor shall notify ODR in writing of the specific measures taken and/or planned to increase the rate of progress. Contactor shall include an estimate as to the date of scheduled progress recovery and an updated Work Progress Schedule illustrating Contractor’s plan for achieving timely completion of the Project. Should ODR deem the plan of action inadequate, Contractor shall take additional steps or make adjustments as necessary to its plan of action until it meets with ODR’s approval.
9.6 Modification of the Contract Time.
9.6.1 Delays and extension of time as hereinafter described are valid only if executed in accordance with provisions set forth in Article 11.
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9.6.2 When a delay defined herein as excusable prevents Contractor from completing the Work within the Contract Time, Contractor is entitled to an extension of time. Owner will make an equitable adjustment and extend the number of days lost because of excusable delay or Weather Days, as measured by Contractor’s progress schedule. All extensions of time will be granted in calendar days. In no event, however, will an extension of time be granted for delays that merely extend the duration of non-critical activities, or which only consume float without delaying the project Substantial Completion date(s).
9.6.2.1 A “Weather Day” is a day on which Contractor’s current schedule indicates Work is to be done, and on which inclement weather and related site conditions prevent Contractor from performing seven (7) hours of Work between the hours of 7:00 A.M. and 6:00 P.M. Weather days are excusable delays. When weather conditions at the site prevent work from proceeding, Contractor shall immediately notify ODR for confirmation of the conditions. At the end of each calendar month, Contractor shall submit to ODR and A/E a list of Weather Days occurring in that month along with documentation of the impact on critical activities. Based on confirmation by ODR, any time extension granted will be issued by Change Order. If Contractor and Owner cannot agree on the time extension, Owner may issue a ULCO for fair and reasonable time extension.
9.6.2.2 Excusable Delay. Contractor is entitled to an equitable adjustment of the Contract Time, issued via change order, for delays caused by the following:
9.6.2.2.1 Errors, omissions and imperfections in design, which A/E corrects by means of changes in the Drawings and Specifications.
9.6.2.2.2 Unanticipated physical conditions at the Site, which A/E corrects by means of changes to the Drawings and Specifications or for which ODR directs changes in the Work identified in the Contract Documents.
9.6.2.2.3 Changes in the Work that effect activities identified in Contractor’s schedule as “critical” to completion of the entire Work, if such changes are ordered by ODR or recommended by A/E and ordered by ODR.
9.6.2.2.4 Suspension of Work for unexpected natural events (sometimes called “acts of God”), civil unrest, strikes or other events which are not within the reasonable control of Contractor.
9.6.2.2.5 Suspension of Work for convenience of ODR, which prevents Contractor from completing the Work within the Contract Time.
9.6.3 Contractor’s relief in the event of such delays is the time impact to the critical path as determined by analysis of Contractor’s schedule. In the event that Contractor incurs additional direct costs because of the excusable delays other than described in Subparagraph 9.6.2.2.4 and within the reasonable control of Owner, the Contract price and Contract Time are to be equitably adjusted by Owner pursuant to the provisions of Article 11.
9.7 No Damages for Delay. An extension of the Contract Time shall be the sole remedy of Contractor for delays in performance of the Work, whether or not such delays are foreseeable, except for delays caused solely by acts of Owner that constitute intentional interference with Contractor’s performance of the Work and then only to the extent such acts continue after Contractor notifies Owner in writing of such interference. For delays caused by any act(s) other than the sole intentional interference of Owner, Contractor shall not be entitled to any compensation or recovery of any damages including, without limitation, consequential damages, lost opportunity costs, impact damages, loss of productivity, or other similar damages. Owner’s exercise of any of its rights or remedies under the
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Contract including, without limitation, ordering changes in the Work or directing suspension, rescheduling, or correction of the Work, shall not be construed as intentional interference with Contractor’s performance of the Work regardless of the extent or frequency of Owner’s exercise of such rights or remedies.
9.8 Concurrent Delay. When the completion of the Work is simultaneously delayed by an excusable delay and a delay arising from a cause not designated as excusable, Contractor may not be entitled to a time extension for the period of concurrent delay.
9.9 Other Time Extension Requests. Time extensions requested in association with changes to the Work directed or requested by Owner shall be included with Contractor’s proposed costs for such change. Time extensions requested for inclement weather are covered by Paragraph 9.6.2.1 above. If Contractor believes that the completion of the Work is delayed by a circumstance other than for changes directed to the Work or weather, they shall give ODR written notice, stating the nature of the delay and the activities potentially affected, within five (5) calendar days after the onset of the event or circumstance giving rise to the excusable delay. Contractor shall provide sufficient written evidence to document the delay. In the case of a continuing cause of delay, only one notice of claim is necessary. State claims for extensions of time in numbers of whole or half days.
9.9.1 Within ten (10) calendar days after the cessation of the delay, Contractor shall formalize its request for extension of time in writing to include a full analysis of the schedule impact of the delay and substantiation of the excusable nature of the delay. All changes to the Contract Time or made as a result of such claims is by Change Order, as set forth in Article 11.
9.9.2 No extension of time releases Contractor or the Surety furnishing a performance or payment bond from any obligations under the Contract or such a bond. Those obligations remain in full force until the discharge of the Contract.
9.9.3 Contents of Time Extension Requests. Contractor shall provide with each Time Extension Request a quantitative demonstration of the impact of the delay on project completion time, based on the Work Progress Schedule. Contractor shall include with Time Extension Requests a reasonably detailed narrative setting forth:
9.9.3.1 The nature of the delay and its cause; the basis of Contractor’s claim of entitlement to a time extension.
9.9.3.2 Documentation of the actual impacts of the claimed delay on the critical path indicated in Contractor’s Work Progress Schedule, and any concurrent delays.
9.9.3.3 Description and documentation of steps taken by Contractor to mitigate the effect of the claimed delay, including, when appropriate, the modification of the Work Progress Schedule.
9.9.4 Owner’s Response. Owner will respond to the Time Extension Request by providing to Contractor written notice of the number of days granted, if any, and giving its reason if this number differs from the number of days requested by Contractor.
9.9.4.1 Owner will not grant time extensions for delays that do not affect the Contract Substantial Completion date.
9.9.4.2 Owner will respond to each properly submitted Time Extension Request within fifteen (15) calendar days following receipt. If Owner cannot reasonably make a determination about Contractor’s entitlement to a time extension within that time, Owner will notify Contractor in writing. Unless otherwise agreed by Contractor, Owner has no more than fifteen (15) additional calendar days to prepare a final response. If Owner fails to respond within forty-five (45) calendar days from the date the Time Extension Request is received, Contractor’s request for a time extension shall be deemed rejected by Owner.
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9.10 Failure to Complete Work Within the Contract Time. TIME IS AN ESSENTIAL ELEMENT OF THE CONTRACT. Contractor’s failure to substantially complete the Work within the Contract Time or to achieve Substantial Completion as required will cause damage to Owner. These damages shall may be liquidated by agreement of Contractor and Owner, in the amount per day as set forth in the Contract Documents.
9.11 Liquidated Damages. Owner may collect liquidated damages due from Contractor directly or indirectly by reducing the Contract Sum in the amount of liquidated damages stated in the Agreement or the Owner’s Special Conditions.
Article 10. Payments
10.1 Schedule of Values. Contractor shall submit to ODR and A/E for acceptance a Schedule of Values accurately itemizing material and labor for the various classifications of the Work based on the organization of the specification sections and of sufficient detail acceptable to ODR. The accepted Schedule of Values will be the basis for the progress payments under the Contract.
10.1.1 No progress payments will be made prior to receipt and acceptance of the Schedule of Values, provided in such detail as required by ODR, and submitted not less than twenty-one (21) calendar days prior to the first request for payment. The Schedule of Values shall follow the order of trade divisions of the Specifications and include itemized costs for General Conditions, costs for preparing Close-Out documents, fees, contingencies, and Owner cash allowances, if applicable, so that the sum of the items will equal the Contract price. As appropriate, assign each item labor and/or material values, the subtotal thereof equaling the value of the work in place when complete.
10.1.1.1 Owner requires that the Work items be inclusive of the cost of the Work items only. Any contract markups for overhead and profit, general conditions, etc., shall be contained within separate line items for those specific purposes which shall be divided into at least two (2) lines, one (1) for labor and one (1) for materials.
10.1.2 Contractor shall retain a copy of all worksheets used in preparation of its bid or proposal, supported by a notarized statement that the worksheets are true and complete copies of the documents used to prepare the bid or proposal. Make the worksheets available to ODR at the time of Contract execution. Thereafter Contractor shall grant Owner during normal business hours access to said copy of worksheets at any time during the period commencing upon execution of the Contract and ending one year after final payment.
10.2. Progress Payments. Contractor will receive periodic progress payments for Work performed, materials in place, suitably stored on Site, or as otherwise agreed to by Owner and Contractor. Payment is not due until receipt by ODR or his designee of a correct and complete Pay Application in electronic and/or hard copy format as set forth in the Agreement or the Owner’s Special Conditions, and certified by A/E. Progress payments are made provisionally and do not constitute acceptance of work not in accordance with the Contract Documents. Owner will not process progress payment applications for Change Order Work until all parties execute the Change Order.
10.2.1 Preliminary Pay Worksheet. Once each month that a progress payment is to be requested, the Contractor shall submit to A/E and ODR a complete, clean copy of a preliminary pay worksheet or preliminary pay application, to include the following: 10.2.1.1 Contractor’s estimate of the amount of Work performed, labor furnished and materials incorporated into the Work, using the established Schedule of Values;
10.2.1.2 An updated Work Progress Schedule including the executive summary and all required schedule reports;
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10.2.1.3 HUB subcontracting plan Progress Assessment Report as required in Paragraph 4.2.5.1;
10.2.1.4 Such additional documentation as Owner may require as set forth in the elsewhere in the Contract Documents; and
10.2.1.5 Construction payment affidavit.
10.2.2 Contractor’s Application for Payment. As soon as practicable, but in no event later than seven (7) calendar days after receipt of the preliminary pay worksheet, A/E and ODR will meet with Contractor to review the preliminary pay worksheet and to observe the condition of the Work. Based on this review, ODR and A/E may require modifications to the preliminary pay worksheet prior to the submittal of an Application for Payment, and will promptly notify Contractor of revisions necessary for approval. As soon as practicable, Contractor shall submit its Application for Payment on the appropriate and completed form, reflecting the required modifications to the Schedule of Values required by A/E and/or ODR. Attach all additional documentation required by ODR and/or A/E, as well as an affidavit affirming that all payrolls, bills for labor, materials, equipment, subcontracted work and other indebtedness connected with Contractor’s Application for Payment are paid or will be paid within the time specified in Tex. Gov’t Code, Chapter 2251. No Application for Payment is complete unless it fully reflects all required modifications, and attaches all required documentation including Contractor’s affidavit.
10.2.3 Certification by Architect/Engineer. Within five (5) calendar days or earlier following A/E’s receipt of Contractor’s formal Application for Payment, A/E will review the Application for Payment for completeness, and forward it to ODR. A/E will certify that the application is complete and payable, or that it is incomplete, stating in particular what is missing. If the Application for Payment is incomplete, Contractor shall make the required corrections and resubmit the Application for Payment for processing.
10.3 Owner’s Duty to Pay. Owner has no duty to pay the Contractor except on receipt by ODR of: 1) a complete Application for Payment certified by A/E; 2) Contractor’s updated Work Progress Schedule; and 3) confirmation that Contractor has maintained and updated the Record Documents kept at the Site.
10.3.1 Payment for stored materials and/or equipment confirmed by Owner and A/E to be on-site or otherwise properly stored is limited to eighty-five percent (85%) of the invoice price or eighty-five percent (85%) of the scheduled value for the materials or equipment, whichever is less.
10.3.2 Retainage. Owner will withhold from each progress payment, as retainage, five percent (5%) of the total earned amount, the amount authorized by law, or as otherwise set forth in the Owner’s Special Conditions. Retainage is managed in conformance with Tex. Gov’t Code, Chapter 2252, Subchapter B.
10.3.2.1 Contractor shall provide written consent of its surety for any request for reduction or release of retainage.
10.3.2.2 At least sixty-five percent (65%) of the Contract, or such other discrete Work phase as set forth in Subsection 12.1.6 or Work package delineated in the Contract Documents, must be completed before Owner can consider a retainage reduction or release.
10.3.2.3 Contractor shall not withhold retainage from their Subcontractors and suppliers in amounts that are any percentage greater than that withheld in its Contract with Owner under this subsection, unless otherwise acceptable to Owner.
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10.3.3 Price Reduction to Cover Loss. Owner may reduce any Application for Payment, prior to payment to the extent necessary to protect Owner from loss on account of actions of Contractor including, but not limited to, the following:
10.3.3.1 Defective or incomplete Work not remedied;
10.3.3.2 Damage to Work of a separate Contractor;
10.3.3.3 Failure to maintain scheduled progress or reasonable evidence that the Work will not be completed within the Contract Time;
10.3.3.4 Persistent failure to carry out the Work in accordance with the Contract Documents;
10.3.3.5 Reasonable evidence that the Work cannot be completed for the unpaid portion of the Contract Sum;
10.3.3.6 Assessment of fines for violations of prevailing wage rate law; or
10.3.3.7 Failure to include the appropriate amount of retainage for that periodic progress payment.
10.3.4 Title to all material and Work covered by progress payments transfers to Owner upon payment.
10.3.4.1 Transfer of title to Owner does not relieve Contractor and its Subcontractors of the sole responsibility for the care and protection of materials and Work upon which payments have been made until final acceptance, or the restoration of any damaged Work, or waive the right of Owner to require the fulfillment of all the terms of the Contract.
10.4 Progress Payments. Progress payments to Contractor do not release Contractor or its surety from any obligations under the Contract.
10.4.1 Upon Owner’s request, Contractor shall furnish manifest proof of the status of Subcontractor’s accounts in a form acceptable to Owner.
10.4.2 Pay estimate certificates must be signed by a corporate officer or a representative duly authorized by Contractor.
10.4.3 Provide copies of bills of lading, invoices, delivery receipts or other evidence of the location and value of such materials in requesting payment for materials.
10.4.4 For purposes of Tex. Gov’t Code § 2251.021(a)(2), the date the performance of service is complete is the date when ODR approves the Application for Payment.
10.5 Off-Site Storage. With prior approval by Owner and in the event Contractor elects to store materials at an off-site location, abide by the following conditions, unless otherwise agreed to in writing by Owner.
10.5.1 Store materials in a commercial warehouse meeting the criteria stated below.
10.5.2 Provide insurance coverage adequate not only to cover materials while in storage, but also in transit from the off-site storage areas to the Project Site. Copies of duly authenticated certificates of insurance, made out to insure the State agency which is signatory to the Contract, must be filed with Owner’s representative.
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10.5.3 Inspection by Owner’s representative is allowed at any time. Owner’s inspectors must be satisfied with the security, control, maintenance, and preservation measures.
10.5.4 Materials for this Project are physically separated and marked for the Project in a sectioned- off area. Only materials which have been approved through the submittal process are to be considered for payment.
10.5.5 Owner reserves the right to reject materials at any time prior to final acceptance of the complete Contract if they do not meet Contract requirements regardless of any previous progress payment made.
10.5.6 With each monthly payment estimate, submit a report to ODR and A/E listing the quantities of materials already paid for and still stored in the off-site location.
10.5.7 Make warehouse records, receipts and invoices available to Owner’s representatives, upon request, to verify the quantities and their disposition.
10.5.8 In the event of Contract termination or default by Contractor, the items in storage off-site, upon which payment has been made, will be promptly turned over to Owner or Owner’s agents at a location near the jobsite as directed by ODR. The full provisions of performance and payment bonds on this Project cover the materials off-site in every respect as though they were stored on the Project Site.
10.6 Time for Payment by Contractor Pursuant to Tex. Gov’t Code § 2255.022.
10.6.1 Contractor who receives a payment from a governmental entity shall pay Subcontractor the appropriate share of the payment not later than the tenth (10th) day after the date Contractor receives the payment.
10.6.2 The appropriate share is overdue on the eleventh (11th) day after the date Contractor receives the payment.
Article 11. Changes
11.1 Change Orders. A Change Order issued after execution of the Contract is a written order to Contractor, signed by ODR, Contractor, and A/E, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time can only be changed by Change Order. A Change Order signed by Contractor indicates his agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time. ODR may issue a written authorization for Contractor to proceed with Work of a Change Order in advance of final execution by all parties in accordance with Section 11.9.
11.1.1 Owner, without invalidating the Contract and without approval of Contractor’s Surety, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, and the Contract Sum and the Contract Time will be adjusted accordingly. All such changes in the Work shall be authorized by Change Order or ULCO, and shall be performed under the applicable conditions of the Contract Documents. If such changes cause an increase or decrease in Contractor’s cost of, or time required for, performance of the Contract, an equitable adjustment shall be made and confirmed in writing in a Change Order or a ULCO.
11.1.2 Owner and Contractor acknowledge and agree that the Specifications and Drawings may not be complete or free from errors, omissions and imperfections and that they may require changes or additions in order for the Work to be completed to the satisfaction of Owner. Therefore, any minor errors, omissions or imperfections in the Specifications or Drawings, or
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any changes in or additions to the Specifications or Drawings to correct minor errors or omissions or to the Work ordered by Owner shall not constitute or give rise to any claim, demand or cause of action of any nature whatsoever in favor of Contractor, whether for breach of Contract, or otherwise. However, should the nature of the errors or omissions necessitate substantial changes in the Work such that a Change Order is appropriate, Owner shall be liable to Contractor for the sum stated to be due Contractor in any Change Order approved and signed by both parties. The sum established in any Change Order, together with any extension of time contained in said Change Order, shall constitute full compensation to Contractor for all costs, expenses and damages to Contractor for the changes in the Work described in the Change Order, as permitted under Tex. Gov’t Code, Chapter 2260.
11.1.3 Procedures for administration of Change Orders shall be established by Owner and stated in the Owner’s Special Conditions, or elsewhere in the Contract Documents.
11.1.4 No verbal order, verbal statement, or verbal direction of Owner or his duly appointed representative shall be treated as a change under this article or entitle Contractor to an adjustment.
11.1.5 Contractor agrees that Owner or any of its duly authorized representatives shall have access and the right to examine any directly pertinent books, documents, papers, and records of Contractor. Further, Contractor agrees to include in all its subcontracts a provision to the effect that Subcontractor agrees that Owner or any of its duly authorized representatives shall have access to and the right to examine any directly pertinent books, documents, papers and records of such Subcontractor relating to any claim arising from the Contract, whether or not the Subcontractor is a party to the claim. The period of access and examination described herein which relates to appeals under the Disputes article of the Contract, litigation, or the settlement of claims arising out of the performance of the Contract shall continue until final disposition of such claims, appeals or litigation.
11.2 Unit Prices. If unit prices are stated in the Contract Documents or subsequently agreed upon and if the quantities originally contemplated in setting the unit prices are so changed in a Proposed Change Order that application of the agreed unit prices to the quantities of work proposed will cause substantial inequity to Owner or Contractor, the applicable unit prices shall be equitably adjusted as provided in the Owner’s Special Conditions or as agreed to by the parties and incorporated into a Change Order.
11.3 Claims for Additional Costs.
11.3.1 If Contractor wishes to make a claim for an increase in the Contract Sum not related to a requested change, it shall give Owner and A/E written notice thereof within twenty-one (21) calendar days after the occurrence of the event or discovery of any conditions giving rise to such claim. Contractor must notify Owner and A/E before proceeding to execute any Work considered to add additional cost or time, except in an emergency endangering life or property in which case Contractor shall act in accordance with Subsection 7.2.1., and failure to provide the required notice will invalidate any subsequent notice or claim for additional cost or time for the Work. If Owner and Contractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be determined as set forth under Article 15. Any change in the Contract Sum resulting from such claim shall be authorized by a Change Order or a ULCO.
11.3.2 If Contractor claims that additional cost is involved because of, but not limited to, 1) any written interpretation of the Contract Documents, 2) any order by Owner to stop the Work pursuant to Article 14 where Contractor was not at fault, or 3) any written order for a minor change in the Work issued pursuant to Section 11.4, Contractor shall make such claim as provided in Subsection 11.3.1.
11.3.3 Should Contractor or his Subcontractors fail to call attention of A/E to discrepancies or omissions in the Contract Documents, but claim additional costs for corrective Work after
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Contract award, Owner may assume intent to circumvent competitive bidding for necessary corrective Work. In such case, Owner may choose to let a separate Contract for the corrective Work, or issue a ULCO to require performance by Contractor. Claims for time extensions or for extra cost resulting from delayed notice of patent Contract Document discrepancies or omissions will not be considered by Owner.
11.4 Minor Changes. A/E, with concurrence of ODR, will have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time. Such changes shall be effected by written order which Contractor shall carry out promptly and record on the Record Documents.
11.5 Concealed Site Conditions. Contractor is responsible for visiting the Site and being familiar with local conditions such as the location, accessibility, and general character of the Site and/or building. If, in the performance of the Contract, subsurface, latent, or concealed conditions at the Site are found to be materially different from the information included in the Contract Documents, or if unknown conditions of an unusual nature are disclosed differing materially from the conditions usually inherent in Work of the character shown and specified, ODR and A/E shall be notified in writing of such conditions before they are disturbed. Upon such notice, or upon its own observation of such conditions, A/E, with the approval of ODR, will promptly make such changes in the Drawings and Specifications as they deem necessary to conform to the different conditions, and any increase or decrease in the cost of the Work, or in the time within which the Work is to be completed, resulting from such changes will be adjusted by Change Order, subject to the prior approval of ODR.
11.6 Extension of Time. All changes to the Contract Time shall be made as a consequence of requests as required under Section 9.6, and as documented by Change Order as provided under Section 11.1.
11.7 Administration of Change Order Requests. All changes in the Contract shall be administered in accordance with procedures approved by Owner, and when required, make use of such electronic information management system(s) as Owner may employ.
11.7.1 Routine changes in the construction Contract shall be formally initiated by A/E by means of a PCO form detailing requirements of the proposed change for pricing by Contractor. This action may be preceded by communications between Contractor, A/E and ODR concerning the need and nature of the change, but such communications shall not constitute a basis for beginning the proposed Work by Contractor. Except for emergency conditions described below, approval of Contractor’s cost proposal by A/E and ODR will be required for authorization to proceed with the Work being changed. Owner will not be responsible for the cost of Work changed without prior approval and Contractor may be required to remove Work so installed.
11.7.2 All proposed costs for change order Work must be supported by itemized accounting of material, equipment and associated itemized installation costs in sufficient detail, following the outline and organization of the established Schedule of Values, to permit analysis by A/E and ODR using current estimating guides and/or practices. Photocopies of Subcontractor and vendor proposals shall be furnished unless specifically waived by ODR. Contractor shall provide written response to a change request within twenty-one (21) calendar days of receipt.
11.7.3 Any unexpected circumstance which necessitates an immediate change in order to avoid a delay in progress of the Work may be expedited by verbal communication and authorization between Contractor and Owner, with written confirmation following within twenty-four (24) hours. A limited scope not-to-exceed estimate of cost and time will be requested prior to authorizing Work to proceed. Should the estimate be impractical for any reason, ODR may authorize the use of detailed cost records of such work to establish and confirm the actual costs and time for documentation in a formal Change Order.
11.7.4 Emergency changes to save life or property may be initiated by Contractor alone (see Section 7.3) with the claimed cost and/or time of such work to be fully documented as to necessity
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and detail of the reported costs and/or time.
11.7.5 The method of incorporating approved Change Orders into the parameters of the accepted Schedule of Values must be coordinated and administered in a manner acceptable to ODR.
11.8 Pricing Change Order Work. The amounts that Contractor and/or its Subcontractor adds to a Change Order for profit and overhead will also be considered by Owner before approval is given. The amounts established hereinafter are the maximums that are acceptable to Owner.
11.8.1 For Work performed by its forces, Contractor will be allowed its actual costs paid for materials, the total amount of its actual wages paid for labor, plus its actual cost paid for of State and Federal payroll taxes and for of worker’s compensation and comprehensive general liability insurance, plus its actual additional bond and builders risk insurance cost if the change results in an increase in the premium paid by Contractor. To the total of the above costs, Contractor will be allowed to add a percentage as noted below to cover overhead and profit combined. Overhead shall be considered to include insurance other than mentioned above, field and office supervisors and assistants, including safety and scheduling personnel, use of small tools, incidental job burdens and general Home Office expenses, and no separate allowance will be made therefore.
11.8.1.1 Allowable percentages for overhead and profit on changes will not exceed fifteen percent (15%) if the total of self-performed work is less than or equal to $10,000.00, ten percent (10%) if the total of self-performed work is between $10,000.00 and $20,000.00 and seven and a half percent (7.5%) if the total of self-performed work is over $20,000.00, for any specific change priced.
11.8.2 For subcontracted Work each affected Subcontractor shall figure its costs, overhead and profit as described above for Contractor’s Work, all Subcontractor costs shall be combined, and to that total Subcontractor cost Contractor will be allowed to add a maximum mark-up of ten percent (10%) if the total of all subcontracted work is less than or equal to $10,000.00, seven and a half percent (7.5%) if the total of all subcontracted work is between $10,000.00 and $20,000.00 and five percent (5%) if the total of all subcontractor work is over $20,000.00.
11.8.3 On changes involving both additions and deletions, percentages for overhead and profit will be allowed only on the net addition. Owner does not accept and will not pay for additional Contract cost identified as indirect or consequential damages or as damages caused by delay.
11.8.4 For Contracts based on a Guaranteed Maximum Price (GMP), the Construction Manager- at-Risk or Design Builder shall NOT be entitled to a percentage mark-up on any Change Order Work unless the Change Order increases the Guaranteed Maximum Price.
11.9 Unilateral Change Order (ULCO). Owner may issue a written ULCO directing a change in the Work prior to reaching agreement with Contractor on the adjustment, if any, in the Contract price and/or the Contract Time.
11.9.1 Owner and Contractor shall negotiate for appropriate adjustments, as applicable, to the Contract Sum or the Contract Time arising out of a ULCO. As the changed Work is performed, Contractor shall submit its costs for such Work with its Application for Payment beginning with the next Application for Payment within thirty (30) calendar days of the issuance of the ULCO. The Parties reserve their rights to dispute the ULCO amount, subject to Article 15.
11.10 Finality of Changes—Contractor. Upon execution of a Change Order and /or a ULCO by Owner, Contractor and A/E, all costs and time issues claimed by Contractor regarding that change are final and
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not subject to increase.
11.11 Audit of Changes—Owner. All Changes Orders are subject to audit by Owner or its representative at any time in accordance with Article 16.4 and Change Order amounts may be adjusted lower as a result of such audit.
Article 12. Project Completion and Acceptance
12.1 Closing Inspections.
12.1.1 Substantial Completion Inspection. When Contractor considers the entire Work or part thereof Substantially Complete, it shall notify ODR in writing that the Work will be ready for Substantial Completion inspection on a specific date. Contractor shall include with this notice Contractor’s Punchlist to indicate that it has previously inspected all the Work associated with the request for inspection, noting items it has corrected and included all remaining work items with date scheduled for completion or correction prior to final inspection. The failure to include any items on this list does not alter the responsibility of Contractor to complete all Work in accordance with the Contract Documents. If any of the items on this list prevents the Project from being used as intended, Contractor shall not request a Substantial Completion Inspection. Owner and its representatives will review the list of items and schedule the requested inspection, or inform Contractor in writing that such an inspection is premature because the Work is not sufficiently advanced or conditions are not as represented on Contractor’s list.
12.1.1.1 Prior to the Substantial Completion inspection, Contractor shall furnish a copy of its marked-up Record Documents and a preliminary copy of each instructional manual, maintenance and operating manual, parts catalog, wiring diagrams, spare parts, specified written warranties, and like publications or parts for all installed equipment, systems, and like items as described in the Contract Documents. Delivery of these items is a prerequisite for requesting the Substantial Completion inspection.
12.1.1.2 On the date requested by Contractor, or as mutually agreed upon pending the status of the Open Items List, A/E, ODR, Contractor, and other Owner representatives as determined by Owner will jointly attend the Substantial Completion inspection, which shall be conducted by ODR or their delegate. If ODR concurs with the determination of Contractor and A/E that the Work is Substantially Complete, ODR will issue a Certificate of Substantial Completion to be signed by A/E, Owner, and Contractor establishing the date of Substantial Completion and identifying responsibilities for security, insurance and maintenance. A/E will provide with this certificate a list of Punchlist items (the pre-final Punchlist) for completion prior to final inspection. This list may include items in addition to those on Contractor’s Punchlist, which the inspection team deems necessary to correct or complete prior to final inspection. If Owner occupies the Project upon determination of Substantial Completion, Contractor shall complete all corrective Work at the convenience of Owner, without disruption to Owner’s use of the Project for its intended purposes.
12.1.2 Final Inspection. Contractor shall complete the list of items identified on the pre-final Punchlist prior to requesting a final inspection. Unless otherwise specified, or otherwise agreed in writing by the parties as documented on the Certificate of Substantial Completion, Contractor shall complete and/or correct all Work within thirty (30) calendar days of the Substantial Completion date. Upon completion of the pre-final Punchlist work, Contractor shall give written notice to ODR and A/E that the Work will be ready for final inspection on a specific date. Contractor shall accompany this notice with a copy of the updated pre-final Punchlist indicating resolution of all items. On the date specified or as soon thereafter as is practicable, ODR, A/E and Contractor will inspect the Work. A/E will submit to Contractor a
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final Punchlist of open items that the inspection team requires corrected or completed before final acceptance of the Work.
12.1.2.1 Correct or complete all items on the final Punchlist before requesting Final Payment. Unless otherwise agreed to in writing by the parties, complete this work within seven (7) calendar days of receiving the final Punchlist. Upon completion of the final Punchlist, notify A/E and ODR in writing stating the disposition of each final Punchlist item. A/E, Owner, and Contractor shall promptly inspect the completed items. When the final Punchlist is complete, and the Contract is fully satisfied according to the Contract Documents ODR will issue a certificate establishing the date of Final Completion. Completion of all Work is a condition precedent to Contractor’s right to receive Final Payment.
12.1.3 Annotation. Any Certificate issued under this Article may be annotated to indicate that it is not applicable to specified portions of the Work, or that it is subject to any limitation as determined by Owner.
12.1.4 Purpose of Inspection. Inspection is for determining the completion of the Work, and does not relieve Contractor of its overall responsibility for completing the Work in a good and competent fashion, in compliance with the Contract. Work accepted with incomplete Punchlist items or failure of Owner or other parties to identify Work that does not comply with the Contract Documents or is defective in operation or workmanship does not constitute a waiver of Owner’s rights under the Contract or relieve Contractor of its responsibility for performance or warranties.
12.1.5 Additional Inspections.
12.1.5.1 If Owner’s inspection team determines that the Work is not substantially complete at the Substantial Completion inspection, ODR or A/E will give Contractor written notice listing cause(s) of the rejection. Contractor will set a time for completion of incomplete or defective work acceptable to ODR. Contractor shall complete or correct all work so designated prior to requesting a second Substantial Completion inspection.
12.1.5.2 If Owner’s inspection team determines that the Work is not complete at the final inspection, ODR or A/E will give Contractor written notice listing the cause(s) of the rejection. Contractor will set a time for completion of incomplete or defective work acceptable to ODR. Contractor shall complete or correct all Work so designated prior to again requesting a final inspection.
12.1.5.3 The Contract contemplates three (3) comprehensive inspections: the Substantial Completion inspection, the Final Completion inspection, and the inspection of completed final Punchlist items. The cost to Owner of additional inspections resulting from the Work not being ready for one or more of these inspections is the responsibility of Contractor. Owner may issue a ULCO deducting these costs from Final Payment. Upon Contractor’s written request, Owner will furnish documentation of any costs so deducted. Work added to the Contract by Change Order after Substantial Completion inspection is not corrective Work for purposes of determining timely completion, or assessing the cost of additional inspections.
12.1.6 Phased Completion. The Contract may provide, or Project conditions may warrant, as determined by ODR, that designated elements or parts of the Work be completed in phases. Where phased completion is required or specifically agreed to by the parties, the provisions of the Contract related to closing inspections, occupancy, and acceptance apply independently to each designated element or part of the Work. For all other purposes, unless otherwise agreed by the parties in writing, Substantial Completion of the Work as a whole is the date on which the last element or part of the Work completed receives a Substantial Completion certificate. Final Completion of the Work as a whole is the date on which the last element or part of the
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Work completed receives a Final Completion certificate or notice.
12.2 Owner’s Right of Occupancy. Owner may occupy or use all or any portion of the Work following Substantial Completion, or at any earlier stage of completion. Should Owner wish to use or occupy the Work, or part thereof, prior to Substantial Completion, ODR will notify Contractor in writing and identify responsibilities for security, insurance and maintenance Work performed on the premises by third parties on Owner’s behalf does not constitute occupation or use of the Work by Owner for purposes of this Article. All Work performed by Contractor after occupancy, whether in part or in whole, shall be at the convenience of Owner so as to not disrupt Owner’s use of, or access to occupied areas of the Project.
12.3 Acceptance and Payment
12.3.1 Request for Final Payment. Following the certified completion of all work, including all final Punchlist items, cleanup, and the delivery of record documents, Contractor shall submit a certified Application for Final Payment and include all sums held as retainage and forward to A/E and ODR for review and approval.
12.3.2 Final Payment Documentation. Contractor shall submit, prior to or with the Application for Final Payment, final copies of all Close-Out documents, maintenance and operating instructions, guarantees and warranties, certificates, Record Documents and all other items required by the Contract. Contractor shall submit evidence of return of access keys and cards, evidence of delivery to Owner of attic stock, spare parts, and other specified materials. Contractor shall submit consent of surety to Final Payment form and an affidavit that all payrolls, bills for materials and equipment, subcontracted work and other indebtedness connected with the Work, except as specifically noted, are paid, will be paid, after payment from Owner or otherwise satisfied within the period of time required by Tex. Gov’t Code, Chapter 2251. Contractor shall furnish documentation establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of claims and liens arising out of the Contract. Contractor may not subsequently submit a claim on behalf of Subcontractor or vendor unless Contractor’s affidavit notes that claim as an exception.
12.3.3 Architect/Engineer Approval. A/E will review a submitted Application for Final Payment promptly but in no event later than ten (10) calendar days after its receipt. Prior to the expiration of this deadline, A/E will either: 1) return the Application for Final Payment to Contractor with corrections for action and resubmission; or 2) accept it, note their approval, and send to Owner.
12.3.4 Offsets and Deductions. Owner may deduct from the Final Payment all sums due from Contractor. If the Certificate of Final Completion notes any Work remaining, incomplete, or defects not remedied, Owner may deduct the cost of remedying such deficiencies from the Final Payment. On such deductions, Owner will identify each deduction, the amount, and the explanation of the deduction on or by the twenty-first (21st) day after Owner’s receipt of an approved Application for Final Payment. Such offsets and deductions shall be incorporated via a final Change Order, including a ULCO as may be applicable.
12.3.5 Final Payment Due. Final Payment is due and payable by Owner, subject to all allowable offsets and deductions, on the thirtieth (30th) day following Owner’s approval of the Application for Payment. If Contractor disputes any amount deducted by Owner, Contractor shall give notice of the dispute on or before the thirtieth (30th) day following receipt of Final Payment. Failure to do so will bar any subsequent claim for payment of amounts deducted.
12.3.6 Effect of Final Payment. Final Payment constitutes a waiver of all claims by Owner, relating to the condition of the Work except those arising from:
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12.3.6.1 Faulty or defective Work appearing after Substantial Completion (latent defects);
12.3.6.2 Failure of the Work to comply with the requirements of the Contract Documents;
12.3.6.3 Terms of any warranties required by the Contract, or implied by law; or
12.3.6.4 Claims arising from personal injury or property damage to third parties.
12.3.7 Waiver of Claims. Final payment constitutes a waiver of all claims and liens by Contractor except those specifically identified in writing and submitted to ODR prior to the application for Final Payment.
12.3.8 Effect on Warranty. Regardless of approval and issuance of Final Payment, the Contract is not deemed fully performed by Contractor and closed until the expiration of all warranty periods.
Article 13. Warranty and Guarantee
13.1 Contractor’s General Warranty and Guarantee. Contractor warrants to Owner that all Work is executed in accordance with the Contract, complete in all parts and in accordance with approved practices and customs, and of the required finish and workmanship. Contractor further warrants that unless otherwise specified, all materials and equipment incorporated in the Work under the Contract are new. Owner may, at its option, agree in writing to waive any failure of the Work to conform to the Contract, and to accept a reduction in the Contract price for the cost of repair or diminution in value of the Work by reason of such defect. Absent such a written agreement, Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents is absolute and is not waived by any inspection or observation by Owner, A/E or others, by making any progress payment or final payment, by the use or occupancy of the Work or any portion thereof by Owner, at any time, or by any repair or correction of such defect made by Owner.
13.2 Warranty Period. Except as may be otherwise specified or agreed, Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Substantial Completion of the Work. If Substantial Completion occurs by phase, then the warranty period for that the Work performed for each phase begins on the date of Substantial Completion of that phase, or as otherwise stipulated on the Certificate of Substantial Completion for the particular phase.
13.3 Limits on Warranty. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
13.3.1 Modification or improper maintenance or operation by persons other than Contractor, Subcontractors, or any other individual or entity for whom Contractor is not responsible, unless Owner is compelled to undertake maintenance or operation due to the neglect of Contractor.
13.3.2 Normal wear and tear under normal usage after acceptance of the Work by Owner.
13.4 Events Not Affecting Warranty. Contractor’s obligation to perform and complete the Work in a good and workmanlike manner in accordance with the Contract Documents is absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or relieve the Contractor from its obligation to perform the Work in accordance with the Contract Documents:
13.4.1 Observations by Owner and/or A/E;
13.4.2 Recommendation to pay any progress or final payment by A/E;
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13.4.3 The issuance of a certificate of Substantial Completion or any payment by Owner to Contractor under the Contract Documents;
13.4.4 Use or occupancy of the Work or any part thereof by Owner;
13.4.5 Any acceptance by Owner or any failure to do so;
13.4.6 Any review of a Shop Drawing or sample submittal; or
13.4.7 Any inspection, test or approval by others.
13.5 Separate Warranties. If a particular piece of equipment or component of the Work for which the Contract requires a separate warranty is placed in continuous service before Substantial Completion, the warranty period for that equipment or component will not begin until Substantial Completion, regardless of any warranty agreements in place between suppliers and/or Subcontractors and Contractor. ODR will certify the date of service commencement in the Substantial Completion certificate.
13.5.1 In addition to Contractor‘s warranty and duty to repair, Contractor expressly assumes all warranty obligations required under the Contract for specific building components, systems and equipment.
13.5.2 Contractor may satisfy any such obligation by obtaining and assigning to Owner a complying warranty from a manufacturer, supplier, or Subcontractor. Where an assigned warranty is tendered and accepted by Owner which does not fully comply with the requirements of the Contract, Contractor remains liable to Owner on all elements of the required warranty not provided by the assigned warranty.
13.6 Correction of Defects. Upon receipt of written notice from Owner, or any agent of Owner designated as responsible for management of the warranty period, of the discovery of a defect, Contractor shall promptly remedy the defect(s), and provide written notice to Owner and designated agent indicating action taken. In case of emergency where delay would cause serious risk of loss or damage to Owner, or if Contractor fails to remedy within thirty (30) calendar days, or within another period agreed to in writing, Owner may correct the defect and be reimbursed the cost of remedying the defect from Contractor or its surety.
Article 14. Suspension and Termination
14.1 Suspension of Work for Cause. Owner may, at any time without prior notice, suspend all or any part of the Work if, after reasonable observation and/or investigation, Owner determines it is necessary to do so to prevent or correct any condition of the Work which constitutes an immediate safety hazard or which may reasonably be expected to impair the integrity, usefulness or longevity of the Work when completed.
14.1.1 Owner will give Contractor a written notice of suspension for cause, setting forth the reason for the suspension and identifying the Work suspended. Upon receipt of such notice, Contractor shall immediately stop the Work so identified. As soon as practicable following the issuance of such a notice, Owner will initiate and complete a further investigation of the circumstances giving rise to the suspension, and issue a written determination of the findings.
14.1.2 If it is confirmed that the cause was within the control of Contractor, Contractor will not be entitled to an extension of time for delay resulting from the suspension. If the cause is determined not to have been within the control of Contractor, and the suspension has prevented Contractor from completing the Work within the Contract Time, the suspension is an excusable delay and a time extension will be granted through a Change Order.
43 2013 Uniform General Conditions for UT System Construction Projects
14.1.3 Suspension of Work under this provision will be no longer than is reasonably necessary to remedy the conditions giving rise to the suspension.
14.2 Suspension of Work for Owner’s Convenience. Upon seven (7) calendar days written notice to Contractor, Owner may at any time without breach of the Contract suspend all or any portion of the Work for a period of up to sixty (60) calendar days for its own convenience. Owner will give Contractor a written notice of suspension for convenience, which sets forth the number of suspension days for which the Work, or any portion of it, and the date on which the suspension of Work will cease. When such a suspension prevents Contractor from completing the Work within the Contract Time, it is an excusable delay. A notice of suspension for convenience may be modified by Owner at any time on seven (7) calendar days written notice to Contractor. If Owner suspends the Work for its convenience for more than sixty (60) consecutive calendar days, Contractor may elect to terminate the Contract pursuant to the provisions of the Contract.
14.3 Termination by Owner for Cause.
14.3.1 Upon thirty (30) calendar days written notice to Contractor and its surety, Owner may, without prejudice to any right or remedy, terminate the Contract and take possession of the Site and of all materials, equipment, tools, construction equipment, and machinery thereon owned by Contractor under any of the following circumstances:
14.3.1.1 Persistent or repeated failure or refusal, except during complete or partial suspensions of work authorized under the Contract, to supply enough properly skilled workmen or proper materials;
14.3.1.2 Persistent disregard of laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, including ODR;
14.3.1.3 Persistent failure to prosecute the Work in accordance with the Contract, and to ensure its completion within the time, or any approved extension thereof, specified in the Contract;
14.3.1.4 Failure to remedy defective work condemned by ODR;
14.3.1.5 Failure to pay Subcontractors, laborers, and material suppliers pursuant to Tex. Gov’t Code, Chapter 2251;
14.3.1.6 Persistent endangerment to the safety of labor or of the Work;
14.3.1.7 Failure to supply or maintain statutory bonds or to maintain required insurance, pursuant to the Contract;
14.3.1.8 Any material breach of the Contract; or
14.3.1.9 Contractor’s insolvency, bankruptcy, or demonstrated financial inability to perform the Work.
14.3.2 Failure by Owner to exercise the right to terminate in any instance is not a waiver of the right to do so in any other instance.
14.3.3 Upon receipt of a termination notice, the Contractor or its Surety has thirty (30) calendar days to cure the reasons for the termination or demonstrate to the satisfaction of the Owner that it is prepared to remedy to the condition(s) upon which the notice of termination was based with diligence and promptness. If the Owner is satisfied that the Contractor or its Surety can remedy the reasons for the termination and complete the Work as required, the notice of termination shall be rescinded in writing by the Owner and the Work shall continue without
44 2013 Uniform General Conditions for UT System Construction Projects
an extension of time.
14.3.4 If at the conclusion of the thirty (30) calendar day cure period the Contractor or its Surety is unable to demonstrate to the satisfaction of the Owner its ability to remedy the reasons for termination, the Owner may immediately terminate the employment of the Contractor, make alternative arrangements for completion of the Work and deduct the cost of completion from the unpaid Contract Sum.
14.3.4.1 Owners cost to complete the Work includes, but is not limited to, fees for additional services by A/E and other consultants, and additional contract administration costs.
14.3.4.2 Owner will make no further payment to Contractor or its surety unless the costs to complete the Work are less than the Contract balance, then the difference shall be paid to Contractor or its surety. If such costs exceed the unpaid balance, Contractor or its surety will pay the difference to Owner.
14.3.4.3 This obligation for payment survives the termination of the Contract.
14.3.4.4 Owner reserves the right in termination for cause to take assignment of all the Contracts between Contractor and its Subcontractors, vendors, and suppliers. ODR will promptly notify Contractor of the contracts Owner elects to assume. Upon receipt of such notice, Contractor shall promptly take all steps necessary to effect such assignment.
14.4 Conversion to Termination for Convenience. In the event that any termination of Contractor for cause under Section 14.3 is later determined to have been improper, the termination shall automatically convert to a termination for convenience under Section 14.5 and Contractor’s recovery for termination shall be strictly limited to the payments allowable under Section 14.5.
14.5 Termination for Convenience of Owner. Owner reserves the right, without breach, to terminate the Contract prior to, or during the performance of the Work, for any reason. Upon such an occurrence, the following shall apply:
14.5.1 Owner will notify Contractor and A/E in writing specifying the reason for and the effective date of the Contract termination. The notice may also contain instructions necessary for the protection, storage or decommissioning of incomplete work or systems, and for safety.
14.5.2 Upon receipt of the notice of termination, Contractor shall immediately proceed with the following obligations, regardless of any dispute in determining or adjusting any amounts due at that point in the Contract:
14.5.2.1 Stop all work.
14.5.2.2 Place no further subcontracts or orders for materials or services.
14.5.2.3 Terminate all subcontracts for convenience.
14.5.2.4 Cancel all materials and equipment orders as applicable.
14.5.2.5 Take appropriate action that is necessary to protect and preserve all property related to the Contract which is in the possession of Contractor.
14.5.3 When the Contract is terminated for Owner’s convenience, Contractor may recover from Owner payment for all Work executed. Contractor may not claim lost profits or lost business opportunities.
45 2013 Uniform General Conditions for UT System Construction Projects
14.6 Termination By Contractor. If the Work is stopped for a period of ninety (90) calendar days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of Contractor or Subcontractor or their agents or employees or any other persons performing any of the Work under a contract with Contractor, then Contractor may, upon thirty (30) additional calendar days written notice to ODR, terminate the Contract and recover from Owner payment for all Work executed, but not lost profits or lost business opportunities. If the cause of the Work stoppage is removed prior to the end of the thirty (30) calendar day notice period, Contractor may not terminate the Contract.
14.7 Settlement on Termination. When the Contract is terminated for any reason, at any time prior to one hundred and eighty (180) calendar days after the effective date of termination, Contractor shall submit a final termination settlement proposal to Owner based upon recoverable costs as provided under the Contract. If Contractor fails to submit the proposal within the time allowed, Owner may unilaterally determine the amount due to Contractor because of the termination and pay the determined amount to Contractor.
Article 15. Dispute Resolution
15.1 Unresolved Contractor Disputes. To the extent that it is applicable, the dispute resolution process provided for in Tex. Gov’t Code, Chapter 2260, shall be used by Contractor to resolve any claim for breach of Contract made by Contractor that is not resolved under procedures described in these Uniform General Conditions or Owner’s Special Conditions of the Contract.
15.2 Alternative Dispute Resolution Process. Owner may establish a dispute resolution process to be utilized in advance of that outlined in Tex. Gov’t Code, Chapter 2260.
15.3 Nothing herein shall hinder, prevent, or be construed as a waiver of Owner’s right to seek redress on any disputed matter in a court of competent jurisdiction.
15.4 In any litigation between the Owner and the Contractor arising from this Contract or this Project, neither party will be entitled to an award of legal fees or costs in any judgment regardless which one is deemed the prevailing party.
15.5 Nothing herein shall waive or be construed as a waiver of the State’s sovereign immunity.
Article 16. Certification of No Asbestos Containing Material or Work
16.1 Contractor shall insure that Texas Department of State Health Services licensed individuals, consultants or companies are used for any required asbestos work including asbestos inspection, asbestos abatement plans/specifications, asbestos abatement, asbestos project management and third- party asbestos monitoring.
16.2 Contractor shall provide a notarized certification to Owner that all equipment and materials used in fulfillment of its Contract responsibilities are non-Asbestos Containing Building Materials (ACBM). This certification must be provided no later than Contractor’s application for Final Payment.
16.5 Contractor shall insure compliance with the following acts from all of his subcontractors and assigns:
Asbestos Hazard Emergency Response Act (AHERA—40 CFR 763-99 (7)); National Emission Standards for Hazardous Air Pollutants (NESHAP—EPA 40 CFR 61, Subpart M—National Emission Standard for Asbestos; Texas Asbestos Health Protection Rules (TAHPR—Tex. Admin. Code Title 25, Part 1, Ch. 295C, Asbestos Health Protection.
46 2013 Uniform General Conditions for UT System Construction Projects
Article 17 Miscellaneous
17.1 Owner’s Special Conditions. When the Work contemplated by Owner is of such a character that the foregoing Uniform General Conditions of the Contract cannot adequately cover necessary and additional contractual relationships, the Contract may include Owner’s Special Conditions that relate to the Project. In the event of a conflict between the UTUGCs and the Owner’s Special Conditions, the Owner’s Special Conditions will govern.
17.2 Federally Funded Projects. On Federally funded projects, Owner may waive, suspend or modify any Article in these Uniform General Conditions which conflicts with any Federal statue, rule, regulation or procedure, where such waiver, suspension or modification is essential to receipt by Owner of such Federal funds for the Project. In the case of any Project wholly financed by Federal funds, any standards required by the enabling Federal statute, or any Federal rules, regulations or procedures adopted pursuant thereto, shall be controlling.
17.3 Internet-based Project Management Systems. At its option, Owner may administer its design and construction management through an Internet-based management system. In such cases, Contractor shall conduct communication through this media and perform all Project related functions utilizing this database system. This includes correspondence, submittals, Requests for Information, vouchers or payment requests and processing, amendment, Change Orders and other administrative activities.
17.3.1 Accessibility and Administration.
17.3.1.1 When used, Owner will make the software accessible via the Internet to all Project team members.
17.3.1.2 Owner shall administer the software.
17.3.2 Training. When used, Owner shall provide training to the Project team members.
17.4 Right to Audit.
17.4.1 Contractor understands that acceptance of funds under this Contract acts as acceptance of the authority of the State Auditor’s Office, Owner, any successor agency and their representatives, including independent auditors, to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with any party conducting the audit or investigation, including providing all records requested.
17.4.2 Contractor shall maintain and retain supporting fiscal and any other documents relevant to showing that any payments under this Contract funds were expended in accordance with the terms of this Contact, the requirements of Owner, and with the laws and regulations of the State of Texas including, but not limited to, requirements of the Comptroller of the State of Texas and the State Auditor. Contractor shall maintain all such documents and other records relating to this Contract and Owner’s property for a period of four (4) years after the date of submission of a request for Final Payment or until a resolution of all billing questions, whichever is later. Contractor shall make available at reasonable times and upon reasonable notice and for reasonable periods all documents and other information related to the Work of this Contract.
17.4.3 Contractor shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the Contractor and the requirement to cooperate is included in any subcontract it awards.
End of Uniform General Conditions
47 ADDITIONAL GENERAL CONDITIONS (AGCs) (Revision Effective 08/01/2016 Rev. 11/09/2020)
UNIVERSITY OF TEXAS AT AUSTIN PROJECT MANAGEMENT & CONSTRUCTION SERVICES DEPARTMENT
BUILDING CONSTRUCTION CONTRACTS
NOTE: These Additional General Conditions are a part of the Contract Documents and take precedence over the Uniform General Conditions and are the standard procedures and contract administration requirements of The University of Texas at Austin, Project Management & Construction Services Department, for all building construction contracts, unless further modified by the specific project Owner’s Special Conditions. They replace or are added to [if below indicated] the correspondingly numbered paragraphs of the Uniform General Conditions. The paragraphs and subparagraphs of said Uniform General Conditions not thus replaced continue in force, unaltered. Newly added numbered paragraphs below are added to the requirements of the Uniform General Conditions and are a part of the Contract Documents.
ARTICLE 1. DEFINITIONS
1.7 Close-out Documents… REVISE “…, record documents ...” to read “…as-constructed record documents…”
1.10 [ADD] Contract Documents also include the original RFP, Solicitation, related Addenda, all submitted responses to the RFP including the Execution of Offer, Pricing and Delivery Schedule, and Respondent’s Questionnaire, and Change Orders issued after execution of the Contract.
1.25 Owner: [Add the following] The agency for the State of Texas (Owner) for this project is The University of Texas at Austin.
1.26 Owner’s Designated Representative (ODR): [ADD] Direction from the ODR shall be confirmed by the Contractor in written form.
1.42 Unit Price Work: [Add the following]: The maximum cost for work or material based on incremental units that shall include overhead, profit, miscellaneous devices, appurtenances and similar items incidental to or required for a complete installation whether or not mentioned as part of the Unit Price, etc. Unit prices to be used for adjusting the Contract Price for more work or less work or material will be 100% of these amounts. Coordinate related work and modify or adjust adjacent work as required to ensure that work affected by each accepted unit price is complete and fully integrated into each project.
If, after the Contract Sum is established and contract signed, the Owner chooses to change the scope of work in an area described by Unit Prices, the Unit Prices proposed on the proposal form will prevail as a maximum cost in establishing a change order proposal. (Changes for work, based on unit prices for more or less quantity than the original Unit price, shall be negotiated based on any savings achieved). Said contract change order will be processed in the same manner as described elsewhere in these Specifications. Payment to Contractor cannot be guaranteed for any work performed outside the Contract which has not been formally processed, and included in a change order.
UT Austin 080116 Rev. 1192020 AGC-1
1.46 [Add the following] Additional General Conditions: means the documents containing terms and conditions, which may be unique to The University of Texas at Austin. Additional General Conditions are a part of the Contract Documents and have precedence over the Uniform General Conditions.
1.47 [ADD] Alternates: An alternate is an amount proposed by Proposers and stated on the Proposal Form that will be added to or deducted from Base Proposal amount to arrive at the original Contract Sum, if the Owner decides to accept a corresponding change in either scope of work or in products, materials, equipment, systems or installation methods described in Contract Documents. Coordinate related work and modify or adjust adjacent work as required to ensure that work affected by each accepted Alternate is complete and fully integrated into each project. Include as part of each alternate, miscellaneous devices, appurtenances and similar items incidental to or required for a complete installation whether or not mentioned as part of the Alternate.
1.48 [Add the following] Confined Space: The Contractor is responsible for reviewing the site for confined spaces and utilizing OSHA requirement, the Contractor must issue a permit for their workers when applicable, and maintain the required OSHA documents in the job site binder.
1.49 [Add the following] Contract Administrator: means the PMCS representative that manages all phases of contracting on behalf of PMCS. This person ensures contract compliance with the administrative and contractual requirements of the contract.
1.50 [Add the following] Construction: means to refer to Uniform General Conditions Section 1.44 “Work”.
1.51 [Add the following] Construction Coordinator: means the PMCS representative, designated in writing, responsible for monitoring the execution of the contracted work, including safety and health management of Contractor activities in alignment to their companies Safety Plan and the Emergency Action Safety Plan and for coordinating University work teams in support of the execution of work. The role of the Construction Coordinator is to act as the Project Manager’s (PM) “eyes and ears” in the field to ensure, by physical oversight, that the technical, installation, safety, and environmental requirements specified in the contract are met by the Contractor.
1.52 [Add the following] Contractor Emergency Action Safety Plan: means the Contractor will complete an Emergency Action Safety Plan for each project to ensure employee and property safety from fire and other emergencies according to OSHA 1926 requirements. The report will document hazard It must also document the path of evacuation in the event of a fire and the location all workers need to congregate in the event of a lock down situation. recognition, avoidance and prevention of unsafe conditions in the specific jobsite.
1.53 [Add the following] Imminent Danger means any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm. An activity or situation that is likely to result in serious injury, death, or significant environmental or property damage.
1.54 [Add the following] Incident: means an unintended and undesired event that results in (or has the potential to result in) any number of conditions such as injury or illness, death, environmental impact, or property damage.
UT Austin 080116 Rev. 1192020 AGC-2
1.55 [Add the following] Job Hazard Analysis (JHA): means a process used for analyzing hazards an employee or Contractor faces and identifying measures to mitigate those hazards. Routine tasks are covered in a routine JHA. A task that is new or performed so infrequently it would not qualify as routine is covered by a non-routine JHA. Both must be completed before work begins by the employee’s supervisor or crew leader, The JHA must be discussed with all employees on the work team, signed by each employee on the work team, and a copy must be kept on site. Non-Routine JHA’s must be submitted to the PMCS Project Manager and Construction Coordinator no less than five (5) work days prior to the start of the Non-Routine task.
1.56 [Add the following] Nonconformance: means failure to comply with policies, procedures, drawings, specifications, contract requirements, adopted design standards, adopted building codes, or federal, state, local regulations and statutes that are in place at the time the drawings are Issued for Construction.
1.57 [Add the following] Competent Person: means the federal Occupational Safety and Health Administration (OSHA) defines a competent person as “one who is capable of identifying existing and predictable hazards in the surroundings, or working conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.” (Reference OSHA)
1.58 [Add the following] Qualified Person: means a person who -- by possession of a recognized degree, certificate, or professional standing, or who by extensive knowledge, training, and experience -- has successfully demonstrated an ability and competence to solve or resolve problems relating to the subject matter and work.
1.59 [Add the following] Prime Contractor: means the Contractor named in the contract with PMCS. Prime Contractors are responsible for their own, as well as of their subcontractors, compliance with all safety, health, and environmental codes, standards, and regulations.
1.60 [Add the following] Project Manager (PM): means the PMCS representative with overall responsibility for a project. This person ensures the project is in compliance with all requirements and meets its goals including performance, schedule, budget, and safety. The Project Manager may also be referred to as the ODR.
1.61 [Add the following] Project Management and Construction Services (PMCS): means one of the UT organizations responsible for managing and executing renovation construction projects.
1.62 [Add the following] Companies Safety Plan: means the Construction companies Safety Plan is a general safety document, required by OSHA, governing the Contractor’s approach to safety and work practices for the trades the Contractor will be using.
1.63 [Add the following] OSHA Construction Safety Standards: Details of the standards can be accessed at http://www.osha.gov
1.64 [Add the following] Safe Work Practices: means 29 CFR 1926.21(b)(2) requires employers to instruct each employee in the recognition and avoidance of unsafe conditions and the regulations applicable to his work environment to control or eliminate any hazards or other exposure to illness or injury. A daily written Routine JHA and a jobsite meeting with all construction participants at the start
UT Austin 080116 Rev. 1192020 AGC-3
of each work shift must meet this requirement. JHA forms must be maintained by the Contractor in the job site binder.
1.65 [Add the following] Subject Matter Expert (SME): means staff possessing special expertise, for example: industrial hygiene, confined space entry, Civil/Mechanical/Electrical engineer, Architect, or asbestos/lead abatement consultant/personnel.
1.66 [Add the following] UT Fire Prevention Services: means the jurisdiction having authority for oversight of fire code compliance by conducting plan and specification reviews and on-site inspections and oversight of contractor testing.
1.67 [Add the following] UT Environmental, Health, and Safety (EHS): means the University EHS Division responsible for providing services that promote safe and compliant facilities and ensure environmental quality for the University.
1.68 [Add the following] Work Area: means an area within the limits of construction which may also be identified as the construction zone or site and any staging or storage areas assigned to the project regardless of their proximity to the actual project site and which may include areas or rooms dedicated to equipment storage or utility connections or sources.
1.69 [Add the following] Allowances: means a specific amount included in the Contract to cover cost of work for a specific scope, when the materials or quality of the materials have not been selected. Any unused portion shall be returned to the Owner.
1.70 [Add the following] Job Order Contract Project Delivery Method Only:
1.70.1 Job Order Sum: means the total compensation payable to the Contractor for completion of the Work in accordance with the Contract Documents as originally contracted for and as subsequently adjusted by the Job Order and their associated Change Orders.
1.70.2 Job Orders: means the work for a specific Job Order as defined by Statement, Drawings and/or Standardize Specification and Details, negotiated by unit prices from a standardized Unit Price Book, adjusted in cost by a Contractor’s coefficient and the City Cost Index; and, criteria described in the Proposal documents.
ARTICLE 2. WAGE RATES AND OTHER LAWS GOVERNING CONSTRUCTION
2.2 Wage Rates:
2.2.1.1 [Add the following] The Contractor shall be prepared to submit each worker’s notification and / or certified payroll statements if requested by the Owner. On all federally funded projects, using Davis Bacon Wage Rates, weekly payrolls are required to be submitted. See Section 7, Pricing and Delivery Schedule, of this RFP, to determine if the project requires compliance with the Davis Bacon Act. Also see Paragraph 2.2.5 of these AGCs (below). UT Austin 080116 Rev. 1192020 AGC-4
2.2.4 [Add the following] Owner’s Prevailing Wage Rate Determination
2.2.4.1 In accordance with the UGC, the Prevailing Wage Determination schedule shown below in paragraph 2.2.4.8 identifies the UT System Prevailing Minimum Wage Rate determination for Travis County.
2.2.4.2 The Owner may verify wage rate compliance in the field by interviewing workers. The Contractor shall assist the Construction Coordinator with this task, including providing translation for non-English speaking workers.
2.2.4.3 The University of Texas at Austin is the contracting agency for this construction project. The following statute requires the contracting agency to specify the generally minimum rates of wages in contracts that are bid.
Government Code 2258 “Construction of Public Works in State and Municipal or Political Subdivisions; Prevailing Wage Rates to be maintained” and The Uniform General Conditions for University of Texas System Building Construction Contracts
2.2.4.4 Pursuant to the requirements of this statute, we have determined that the following rates of wages indicated in 2.2.4.8, are to be paid to various classifications of workers in the locality of this project.
2.2.4.5 Total hourly compensations to each worker must equal or exceed the minimum wage rates stated in the Wage Table in 2.2.4.8. Contributions by a worker toward health, pension, vacation, and the like are part of the worker’s pay; contributions by the employer are not. Any dollar amounts shown in columns for health, pension, and vacation may be paid either in cash or in kind. Workers in classifications where rates are not identified shall be paid not less than the general minimum rate of “laborer” for the various classifications of work therein listed.
2.2.4.6 All hours of work over 40 hours per week are overtime and will be compensated at the rate of 1 and ½ times the regular wage.
2.2.4.7 Trainees/helpers, where not otherwise specified above, may be compensated at a rate determined mutually by the worker and employer, commensurate with the experience and skill of the worker but a rate not less than 60% of the journeyman’s wage or less than the Laborers (General) rate. At no time shall a journeyman supervise more than two of apprentices, trainees or helpers. All apprentices/trainees/helpers shall be under the direct supervision of a journeyman working as a crew.
2.2.4.8 The following wage rates are to be used for all projects at The University of Texas at Austin located in Travis County, Texas.
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The University of Texas System Office of Capital Projects Date: June 25, 2020 Construction Type: Building and Exterior Improvements Area: Austin
Building Construction Trade Prevailing Wage Rate Classification (Notes 1-4) Building Automation (Note 5) $22.34 Carpenter $18.50 Concrete Finisher $18.25 Drywall/Ceiling Installer $20.00 Electrician $18.65 Elevator Mechanic $39.71 Fire Proofing Installer $16.00 Flooring Installer $16.75 Glazier $17.92 Heavy Equipment Operator (Note 6) $19.00 Ironworker $21.00 Laborer (Note 7) $15.00 Landscaper (Note 8) n/a Light Equip Operator/Driver (Note 9) $16.63 Low Voltage (Note 10) $14.16 Mason/Bricklayer $25.00 Painter $15.13 Pipefitter (Note 11) $24.00 Pipelayer (Note 11) $19.63 Piping/Ductwork Insulator $23.20 Plumber $24.00 Roofer $17.25 Sheetmetal Worker $24.28 Sprinkler Fitter $18.36 Tile Setter $19.00 Waterproofer $18.00
Notes: 1. Wages shown are for entry level, minimum wages for non-federally funded projects for each classification and do not include fringe benefits. 2. Should contractor at any time become aware that a particular skill or trade not reflected on the Owner’s Prevailing Wage Rate Schedule will be or is being employed in the work, whether by Contractor or by Subcontractor, Contractor shall promptly inform Owner’s Designated Representative (ODR) of the proposed wage to be paid for the skill along with any justification for UT Austin 080116 Rev. 1192020 AGC-6
same and ODR shall promptly concur with or reject the proposed wage classification. 3. Contractor is responsible for determining the most appropriate wage for a particular skill in relation to similar trades identified on the prevailing wage schedule. In no case, shall any worker be paid less that the wage indicated for laborers. 4. It is the responsibility of the contractor to classify the worker in accordance with the published classifications and demonstrate that workers are paid commensurate with determined rates. 5. Building Automation includes control module installation on mechanical system components, software programming and productivity related services. 6. Heavy Equipment Operator/Driver (over 30,000 lbs. Gross Vehicle Weight Rating with attached apparatus) includes but is not limited to tower crane erectors and all crane type operators (regardless of weight or horsepower) as well as utility, roadway work and other equipment operators. 7. Laborer includes Pre-Apprentices, laborers, workers, and helpers from the other Building Construction Trade Classifications. 8. Landscaper may include laborers, operators and truck drivers that should be classified in their respective Building Construction Trade Classification. 9. Light Equipment Operator/Driver includes truck drivers of single axle and semi-trailer up to 30,000 lbs. Gross Vehicle Weight Rating with attached apparatus, and equipment up to 75 horsepower that includes but not limited to operators of tractors, mower, skid steers, lifts including articulated boom / cherry pickers, multi terrain, earth moving and demolition equipment, compacts, trucks, utility, and road work equipment. 10. Low Voltage includes date / telecom, audio / visual and security installers, and technicians. 11. Pipefitter and pipelayer also includes exterior work in any above and below grade situation.
2.2.4.9 All other projects administered by and for The University of Texas at Austin, but located outside of Travis County, shall use the corresponding “Davis Bacon” Wage Rates as discussed in Paragraph 2.2.5 of these AGC’s. This includes projects located at The Marine Science Institute located in Port Aransas, Nueces County, Texas; projects at The McDonald Observatory located near Fort Davis, Jeff Davis County,Texas; projects at the Winedale Historical Complex in Fayette County, Texas; and projects at various other Counties within Texas. Even-though the above “non-Travis County” projects are required to use the most current Davis Bacon Wage Rates, weekly payrolls will not be required UNLESS the projects are federally funded. (See requirements in Paragraph 2.2.5 of these AGC’s). The Contractor shall obtain the latest related wage determination from the Davis Bacon web site as of the bid date of the project and shall submit to the owner the wage determination with the execution of the contract (if they are the selected / awarded Contractor).
2.2.5 [Add the following] Projects, where funding is solely or partly from federal funds or federal grants, shall require the Contractor to use the Davis Bacon “Wage Determinations On Line.gov” for the County of the location of the project, in lieu of the above-referenced table for Travis County. The Contractor shall obtain the latest related wage determination from the Davis Bacon web site as of the bid date of the project and shall submit to the owner the wage determination with the execution of the contract (if they are the selected / awarded Contractor). The web page address is: UT Austin 080116 Rev. 1192020 AGC-7
http://www.wdol.gov/dba.aspx#0
These requirements include all requirements of the Davis Bacon procedures including submission of weekly payroll statements, etc.
2.2.5.1 PROJECTS THAT INCLUDE FEDERAL FUNDING AND THEREFORE REQUIRE ADHERANCE TO THE ABOVE DAVIS BACON WAGE DETERMINATIONS SHALL BE INDICATED IN THE INDIVIDUAL PROJECTS OWNER’S SPECIAL CONDITIONS PARAGRAPH 2.2.5.2.
NOTE: IN JOB ORDER CONTRACTING (JOC) PROJECTS NOT HAVING OWNER’S SPECIAL CONDITIONS, THE DETERMINATION IF FEDERAL FUNDING APPLIES, MAY BE STATED IN THE REQUEST FOR PROPOSAL.
2.2.5.2 (SEE SECTION 7, PRICING AND DELIVERY SCHEDULE OF THIS FOR DAVIS BACON REQUIREMENT STATEMENT)
ARTICLE 3. GENERAL RESPONSIBILITIES OF OWNER and CONTRACTOR
3.1.1 Preconstruction Conference:
3.1.1.1 [ADD] The Contractor must submit at the Preconstruction Conference or within SEVEN (7) CALENDAR DAYS after receipt of the contract by the Contractor no later than fourteen [14] calendar days after receipt of the Notice to Proceed, the Contractor shall present to the Architect / Engineer for his approval: their Work Progress Schedule including key milestones and including inspection requirement activities based on their schedule; equipment proposed; contract price breakdown and schedule of values broken out by labor and material costs as required in Article 10.2; materials storage requirements; utility requirements the companies Safety Plan and the Emergency Action Safety Plan and the Safety Data Sheets for products to be used on the projects with copies placed in the job site binder.
3.1.2 Owner’s Designated Representative: 3.1.2.2.1 [ADD] An exception will exist to the requirement that all directives on behalf of the Owner be conveyed in writing under the following circumstances:
3.1.2.2.1.1 It is observed by the Project Manager, Construction Coordinator, University Safety Representatives or any person employed by PMCS with authority that an unsafe condition may exist;
3.1.2.2.1.2. It is observed by the Project Manager; Construction Coordinator; University Safety Representatives or any person employed by PMCS with authority; that in their UT Austin 080116 Rev. 1192020 AGC-8
opinion, work is not being performed in accordance with the Project Documents.
3.1.2.2.1.3 In either or both of these two situations, a verbal directive may be given by one of these University representatives to “Stop Work”, or to redirect the Contractor work away from the area(s) of concern until all discrepancies are resolved.
3.3 Contractor’s Responsibilities:
3.3.2 [ADD] Contractor’s Management Personnel: A superintendent shall be on site at all times while work is in progress. No worker under the age of 18 years old shall be on a job site. A superintendent (with OSHA 30, or higher, certification shall be on site at all times while work is in progress.
EXCEPTION: At the Project Manager’s discretion, a project delivered through Job Order Contracting may be authorized to utilize a part-time, OSHA 30 certified, Superintendent who has experience with similar renovation projects throughout the campus.
3.3.8.2 [ADD] As soon as practicable after the notice of Intent to Award, and before the execution of the Contract, the Respondent to be awarded the contract shall submit to the Owner and Architect / Engineer for approval, a list of all subcontractors that the respondent and/or their major subcontractors propose for the construction of the project. This applies to all delivery methods for construction.
3.3.12 Ancillary Areas:
3.3.12.2 [REVISE] The Contractor may NOT erect temporary buildings unless they have received prior written consent by the ODR.
3.3.12.5 [ADD] Contractor Use of Premises: The Contractor shall limit his use of the premises to the work indicated, so as to allow for Owner occupancy and use by the public.
3.3.12.5.1 ONGOING CAMPUS OPERATIONS: The Contractor shall make every effort to avoid disruptions to ongoing campus activities and to maintain a safe environment for students, faculty, and staff in the areas adjacent to each project. Campus utilities must not be interrupted except when scheduled and approved in advance through established channels.
3.3.12.5.2 Proposers are responsible for having visited the site and having determined the general and specific working conditions and limitations, ingress and egress capabilities, any needed measurements, calculations, or special equipment requirements. Failure to do so, for any reason, will not relieve the proposer from responsibility for successfully performing and completing the work, without additional expense to the University. UT Austin 080116 Rev. 1192020 AGC-9
3.3.12.5.3 Contractors are not authorized to modify work schedules without the approval from the ODR or Construction Coordinator. Work will be suspended on the Main Campus the Thursday prior to Commencement through the Sunday morning after Commencement. Exterior staging and parking areas must be cleared of fences and storage.
3.3.12.5.4 Confine operations at the site to the areas permitted under the Contract. Portions of the site beyond areas on which work is indicated are not to be disturbed. Conform to site rules and regulations affecting the work while engaged in project construction.
3.3.12.5.5 SCHEDULE: The Contractor shall submit a construction schedule which meets the specified construction completion date and accounts for the special requirements of no-work period(s) above. These periods shall not be considered acceptable justification to appeal the assessment of liquidated damages in accordance with Article 9.11 or as the basis for Contractor claims associated with Owner-caused delays.
3.3.12.5.6 NOISE CONTROL: Equipment locations and timing or sequence of work operations shall be coordinated so as to not conflict with the Owner's continuing use of adjacent buildings and/or create any interference with scheduled meetings or events. This particularly is of concern during semester (fall, spring and summer sessions) final exam periods and final exam study periods. The Contractor must curtail all objectionable noise operations so as not to disturb classes and exams, etc. At no time will contractors be allowed the use of stereo systems or radios (except handheld communication radios) on campus.
3.3.12.5.7 Keep existing driveways and entrances serving the premises clear and available to the Owner and his employees at all times. Do not use these areas for parking or storage of materials, unless approved in advance by the Owner.
3.3.12.5.8 The Contractor shall be responsible for the protection of existing building surfaces, both interior and exterior, utilities, exterior structures, pavement, sidewalks, grass, trees and plant materials, irrigation systems, and all component parts and equipment. Any damage to existing areas will be repaired at the responsibility of the Contractor with the approval of the Owner. Repairs not satisfactorily completed will be done by the Owner and deducted from the Contractors contract amount.
3.3.12.5.8.1 Upon completion of work, Contractor shall provide solid Zoysia Palisades sod, as approved by Owner, over grass set-up areas and any previously sodded area that was damaged by construction activity. Prepare and place as recommended by sod supplier and provide erosion control blankets to prevent erosion until sodded areas are UT Austin 080116 Rev. 1192020 AGC-10
established. In set-up areas where existing shrubbery is damaged, Contractor shall match size, type, and spacing of adjacent, undamaged shrubs and install per recommendations of supplier. Contractor is responsible for maintenance of all new landscaping until it is established and can be sustained by the Owner's established maintenance schedule.
3.3.12.5.8.2 Provide covered and protected walkways as indicated on Plans and at each building entrance or pedestrian route over which work may occur or that is near ongoing work. 3.3.12.5.8.3 Repair all damage to irrigation system with a licensed irrigation specialist.
3.3.12.5.9 No storage will be allowed outside the building unless previously approved by the owner.
3.3.12.5.10 Storage of materials to be used in the contract is the responsibility of the Contractor. The Owner may provide an area to store materials. The security of the storage area is the responsibility of the Contractor. Contractors are encouraged to limit storage of materials to a minimum. Material storage is not allowed for pesticides and other hazardous materials that are the property of the Contractor. Storage and set-up will be allowed only at the locations indicated on Plans and shall be enclosed with self- supporting 6' tall chain-link fencing (unless specifically indicated elsewhere in the contract documents). Lock gate when not in use with contractor’s lock connected to a UT padlock provided by the Coordinator for access in emergencies by UTPD.
3.3.12.5.11 Do not unreasonably encumber the site with materials or equipment. Confine stockpiling of materials to the areas indicated. If additional storage is necessary, contractor should, with approval from the Project Manager, obtain and pay for such storage off site.
3.3.12.5.12 Lock automotive type vehicles, such as passenger cars and trucks and other mechanized or motorized construction equipment, when parked and unattended, so as to prevent unauthorized use. Do not leave such vehicles or equipment unattended with the motor running or the ignition key in place. Vehicles used to transport persons must display a valid parking permit issued by the Parking and Transportation Department at all times.
3.3.12.5.13 Minimal allocations shall be provided for Contractor parking and staging. Each project shall be coordinated through the Construction Coordinator. Additional parking and staging shall be the responsibility of the Contractor UT Austin 080116 Rev. 1192020 AGC-11
(through UT Garages (with fees) or off-site locations). Contractor shall be responsible for compliance.
3.3.12.5.14 All vehicles parked on University property must have a University issued parking permit. Contractor shall make every effort to carpool when possible. This requirement includes contractors utilizing small electric carts. All parking regulations will apply to these carts and permits must be visibly placed on the windshield of the cart.
3.3.12.5.15 Employee Background Check: For any projects located in residence halls, child care facilities, areas of high security, projects near controlled substances or areas and other projects as specifically required, each individual who will come onto the University Campus under this Agreement will be an employee of Contractor or an employee of a permitted subcontractor engaged by Contractor. Contractor is responsible for the performance of all individuals performing the work under this Agreement. Prior to commencing its operations under this Agreement, Contractor will (1) provide University with a list (“List”) of all individuals who may be assigned to perform the service, and (2) have an appropriate criminal background screening performed on all such individuals. Contractor shall determine on a case-by-case basis whether each individual assigned to perform the services is qualified to provide such services. Contractor will not knowingly assign any individual to provide services on University’s Campus who has a history of criminal conduct unacceptable for a university campus, including violent or sexual offenses. For any contractor employee with criminal convictions, the contractor shall review the nature of the offense, but not the name of the employee, with the Project Manager or Owner’s representative who may make a recommendation to the contractor of whether the employee should be allowed to work under this agreement. Contractor will update the List each time there is a change in the individuals assigned to perform the services. Prior to commencing performance of the services under this Agreement, Contractor will provide University a letter signed by an authorized representative certifying compliance with the section of the Agreement. Contractor will provide University an updated certification letter each time there is a change in the individuals assigned to perform the services.
3.3.12.5.16 Keys and Access Cards: The University Residence Halls and other specific projects may have a card access system, which prohibits unauthorized access. Contractors requiring card access must complete an application for a University identification number and, upon receipt of an approved background check from The University, they will be issued a UT Austin 080116 Rev. 1192020 AGC-12
card based on the access needed to complete the job. These cards will be activated only for the days of the contract and only for the hours that the Contractor is allowed to work. The Contractor shall immediately notify the Owner if an access card or key cannot be accounted for. University Residence Halls and University Apartments have controlled keyways, which restrict access. Contractors will be issued a key (or keys) to gain access to their job site. All doors, whether card access or controlled keyway, shall be kept locked at all times by the Contractor. Doors shall not be propped open at any time.
3.3.12.5.17 Security: The Contractor assumes all liability for any action which may occur as the result of failing to secure an area. Additionally, the Contractor assumes all expenses incurred as the result of the loss of a security access card or key. As the result of the loss of a master key, an entire building may have to be re- keyed, with the expense charged to the Contractor.
3.3.12.5.18 Tobacco-Free Campus: The University of Texas at Austin is tobacco-free. The use of tobacco products is prohibited in all University buildings and on all University grounds, including Main Campus and all outlying facilities. This includes but is not limited to construction trailers, sidewalks, walkways, attached parking structures and university owned buildings. The University Policy can be found on the University website at: www.utexas.edu/tobaccofree.
3.3.12.5.19 All employees of the Contractor, while on the job site, shall maintain appropriate appearance. This shall include proper dress for the job (i.e. shirt and shoes to be worn at all times). This shall also include a photo identification badge worn so as to be conspicuous to everyone. A Contractor's employee may be asked to show identification by the Owner's staff at any time. All persons on the site shall wear all required personal safety devices as required by OSHA and all requirements of the contract documents.
3.3.12.5.20 All employees of the Contractor shall maintain proper conduct in regard to personal actions and contact with students or staff members while on University property. This shall include limiting relations or interference with students or staff to circumstances required by the job. This shall also include no drug and/or alcohol use and no profane language. Any employee of the Contractor engaging in improper conduct will be required to be permanently removed from the job site.
3.3.12.5.21 The Contractor shall not discriminate against any person because of race, sex, age, creed, color, religion, national origin, or disability. UT Austin 080116 Rev. 1192020 AGC-13
3.3.12.5.22 Maintain the existing building in a safe and weather-tight condition throughout the construction period. Repair damage caused by construction operations. Take all precautions necessary to protect the building and its occupants during the construction period.
3.3.12.5.23 Keep public areas such as hallways, stairs, elevator lobbies and toilet rooms free from accumulation of waste material, rubbish or construction debris.
3.3.12.5.24 The Contractor is responsible for disposal of all waste generated to be placed in any University trash containers, litter containers, or dumpsters. No chemical or other liquid or solid wastes are allowed to enter storm sewers. The use of sanitary sewer drains for liquid disposal shall be in accordance with manufacturer's requirements and only with prior approval by Owner. The Owner reserves the right to determine the appropriate location for sanitary sewer disposal or to deny the use of sanitary sewers for certain materials. The Contractor assumes all liability for improper waste disposal and for repaying the University for expenses which may result from violations of this section. Also refer to disposal requirements in Article 18.
3.3.12.5.25 Open fires will not be permitted within the building enclosure or on the premises.
3.3.12.5.26 Contractor may utilize designated toilet rooms for use by the Contractor's personnel. Toilets rooms used shall be left in a clean and fully operational condition, to the satisfaction of the Owner.
3.3.12.5.27 The Contractor shall be responsible for initiating, maintaining, and supervising safety precautions and programs associated with the work. It shall be the duty and responsibility of the Contractor to comply with all pertinent sections of the Occupational Safety and Health Act of 1975, and all amendments thereof, as well as all requirements of the contract documents. The Contractor shall do all things necessary and provide all equipment and labor necessary to protect students, staff, faculty, and the general public from dangers associated with the contract. Walkways, parking areas, and other areas surrounding the job site will be in use and given priority. The University shall not be held responsible for failure of the Contractor to perform the job in a safe manner.
3.3.12.5.28 Owner Occupancy: The Owner and students will occupy the existing building and areas surrounding the project site during the entire period of construction. Cooperate fully with the Owner or his representative during construction operations to minimize UT Austin 080116 Rev. 1192020 AGC-14
conflicts and to facilitate Owner usage. Perform the work so as not to interfere with the Owner's operations.
3.3.12.5.29 Protect Owner's and User's facilities and property throughout the Project with which the Contractor comes in contact. Contractor shall photo-document site prior to construction and document any existing damage that might be misconstrued as damage due to his construction activities. Make the observations known to the Owner immediately.
3.3.12.5.30 Do not load any structure such that it endangers the structure. If a determination of a structure's ability to sustain construction loads is required, it is the responsibility of, and at the expense of, the Contractor to retain a structural engineer (registered in the State of Texas) to determine the adequacy of the structure to sustain the loads in question.
3.3.12.5.31 Contractor assumes full responsibility for protection and safekeeping of equipment on premises.
3.3.12.5.32 Request permission of the Construction Coordinator a minimum of SEVEN (7) CALENDAR DAYS in advance if it is desired to block public thoroughfares. Construction Coordinator’s permission must be received prior to any closings. Contractor shall provide all signage and labor required to create and maintain altered traffic flow.
3.3.12.5.33 Report any incident or injury verbally within 24 hours of the incident to the Project Manager and Construction Coordinator. A follow up Incident Report in writing to Project Manager and Construction Coordinator within 48 hours of occurrence of an unusual or significant event. Report shall include chain of events, participants, response, consequences, and evaluations.
3.3.12.5.34 Perform the work with qualified personnel.
3.3.12.5.35 Dispose of all trash, debris, or removed material at a legal site.
3.3.12.5.36 Provide sufficient manpower to ensure the maintenance of environmental controls.
3.3.12.5.37 Maintain a project log throughout the construction period and provide to Project Manager upon his request.
3.3.12.5.38 All roof access shall be coordinated with the Construction Inspector for proper notification to occur and for access to be provided to the contractor prior to any contractor attempting to access a roof.
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3.3.12.5.39 Use of Elevators for Construction
3.3.12.5.39.1 Prior to use, the Elevator must be protected to prevent damage to Cab finishes, Car and Hall Fixtures. This includes flooring and ceilings.
3.3.12.5.39.2 Utilities / Elevator Section Shall be contacted prior to using Elevators for Construction. This is to ensure there are no outstanding issues with using the Elevator or special requirements. The Inspection is to be arranged with the University TDLR licensed QEI Inspector.
3.3.12.5.39.3 The Elevator Cab Finish must be protected throughout the entire cab. Protection can be achieved by applying Styrofoam against shell wall and covering with Plywood. Cab Floors shall be protected with Masonite.
3.3.12.5.39.4 At the Contractors expense, the protection of: finish floor, cab panels, drop ceiling, or handrails shall be required. Some of these items may be removed and stored in a safe place prior to the start of the Construction Project.
3.3.12.5.39.5 Elevators used during the Construction Phase shall be placed on “Independent Service” and should be used only by Construction Personnel to prevent accidents involving the general public. . The Elevator shall remain on Independent Service anytime the Elevator is used for carrying Construction materials or tools. If the Elevator is located in a building containing only one unit, this Elevator shall be released to the General public as soon as Construction material has been moved. Signs shall be placed on each floor indicating the Elevator is being used for a construction project on the specified floor and will from time to time be out of service to the general public. A contact name and number shall be on this sign to allow building occupants access to scheduling use of Elevators during critical use times.
3.3.12.5.39.6 At no time shall the car top escape hatch be opened without first contacting the Utilities Elevator Section. NO EXCEPTIONS
3.3.12.5.39.7 Machine Rooms of Elevators Operated for Construction Use shall be off limits to all Construction Personnel. Only Elevator Personnel or those accompanied by the Elevator Contractor shall be allowed in these Equipment areas. When extended work is required in the Elevator Machine Room the Elevator disconnects shall be LOCKED & TAGGED OUT of Service by the Elevator Contractor. Upon completion of UT Austin 080116 Rev. 1192020 AGC-16
Machine Room work the area shall be cleaned and restored to the same level of cleanliness the room was prior to the start of the project.
3.3.12.5.39.8 Upon Completion of Project the Elevator shall be Refurbished Completely, including the refinishing or replacement of ALL excessively worn or damaged items. This includes refinishing all scratched finishes, and/or replacement of all items including but not limited to, Doors, Tracks, Sills, Jambs, Headers, Transoms, Cab enclosure, Flooring, ceiling Panels, Car and Hall Operating Panels, that are found to be dented or damaged beyond means of refinishing. If the Construction should create excessive amounts of dust and debris within the hoistway the Elevator Servicing technician at the expense of the Construction Contractor will preform this cleanup. It shall be at the owner’s discretion whether the finish of an item is acceptable.
3.3.12.5.39.9 All door equipment shall be routinely, inspected, and refurbished as required to provide service of the same condition existing prior to the start of the Construction Project. All door Gibbs shall be replaced on both the Car and the Hall Doors at the expense of the Construction Contractor prior to Project Closeout.
3.3.12.5.40 Campus Carry: Contractor shall abide by all the requirements of Texas Government Code, Section 411.2031 on Concealed Handguns and the University of Texas at Austin Campus Concealed Carry Policy that identifies all designated Exclusion Zones including, but not limited to, any persons prohibited from carrying concealed guns within on-campus residence halls, except in common areas such as lounges and study areas. The Contractor shall be responsible for ensuring any Contractor employee, subcontractor, vendor, etc. that enters the Contractor’s job site adheres to all the requirements of Section 411.2031 and the University’s Policy. Information can be located at:
Texas Government Code, Section 411.2031: http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.411.htm#411.2031
The University of Texas at Austin Campus Concealed Carry Policy: https://www.policies.utexas.edu/policies/campus-concealed-carry
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University Campus Concealed Carry Website: https://campuscarry.utexas.edu/
Frequently Asked Questions: https://campuscarry.utexas.edu/faq
ARTICLE 5. BONDS AND INSURANCE
5.1 Construction Bonds:
5.1.10 [Add paragraph] Time for Bond Submissions: Performance and Payment Bonds shall be submitted by the Contractor to The University of Texas at Austin, Project Management & Construction Services Contract Administrator at the same time which the executed contract is due back to the Contract Administrator as indicated in the Proposal and as follows. Completed Bonds shall be received within SEVEN (7) CALENDAR DAYS after receipt of the Contract by the Contractor (unless a different number of days is specifically indicated for the project). No contract will be signed without the Owner having received the executed Bonds.
5.2 Insurance Requirements: [Add the following] Certificates of insurance shall be submitted by the Contractor to The University of Texas at Austin, Project Management & Construction Services Contract Administrator at the same time which the executed contract is due back to the Contract Administrator as indicated in the Proposal and as follows. Completed insurance certificates shall be received within SEVEN (7) CALENDAR DAYS after receipt of the contract by the Contractor (unless a different number of days is specifically indicated for the project). No contract will be signed without the Owner having received the executed insurance certificates. The name of the project, project number, contract number, and other information shall appear on each insurance certificate along with expiration date of each policy as may be required by the Owner.
5.2.2.1.3 [Add to this paragraph] This insurance is only required if the project scope includes the abatement of asbestos containing materials. If required, the insurance may be furnished by the abatement subcontractor with the Contractor and Owner listed as additional insured’s.
ARTICLE 6. CONTRACT DOCUMENTS
6.1.1 Copies furnished: [Add the following] The Contractor shall be furnished, if requested, ten (10) complete sets of drawings and specifications after the award and execution of the contract at no expense to the Contractor. If the Owner has additional sets returned, or sets not used from the bidding process after internal distribution, those will be made available to the Contractor, if needed.
6.1.4 [ADD] Field measurements govern over small-scale drawings.
6.1.7 [ADD this paragraph] Original Drawings and Specifications: The original drawings and specifications of existing buildings may be available to the Awarded Contractor. Contact the Project Manager to arrange their review. Owner does not warrant or make any representations UT Austin 080116 Rev. 1192020 AGC-18
as to the current accuracy, suitability or completeness of this information furnished to Contractor by Owner or its representatives.
6.2.4 [Revise this paragraph] Prior to requesting Substantial Completion Inspection, or no later than submittal of final pay application, Contractor shall furnish for review and approval by the ODR and AE a complete set of “marked-up Record Documents” plans and specifications that reflect all changes to the contract documents [these documents may be annotated by hand or corrected by CAD (preferred) but must be clearly legible]. Concurrently with furnishing these record drawings, furnish: a preliminary copy of each instructional manual, maintenance and operating manual(s); parts catalog; wiring diagrams; spare parts; specified written warranties and like publications; parts for all installed equipment, systems, and like items and as described in the Contract Documents. All items identified in this section shall be scanned and submitted on a CD/DVD, as required by the Contract Documents.
6.2.4.1 [ADD] Prior to Substantial Completion Inspection, Contractor must complete and furnish to ODR and AE the Equipment Add-Update-Retire Form (formerly the Equipment Add-Delete-Modification Log), documenting all equipment they have added (installed), retired (demolished), abandoned (left in place but no longer operable), or updated throughout the project. (Format of this form shall be furnished to Contractor.)
6.2.4.2 [ADD] Prior to submittal of final payment application, Contractor must submit warranty information; Contractor Affidavit of Bills Paid; Contractor’s Affidavit of Payment of Debts and Claims; Consent of Surety for Final Payment; notarized Certificate of No Asbestos/Lead/Toxic Material Containing Materials or Work and no other hazardous materials were installed per UGC Article 13.7; evidence that all keys have been returned to the Lock and Key Shop; O&M Manuals; other Final Submittals required by Contract Documents; unused allowance; and pending Change Orders.
6.2.5 [Revise the paragraph] Once determined acceptable by Paragraph 6.2.4, Contractor shall provide -- in electronic format as specified herein -- all Instructional, Operating and Maintenance manual(s); approved submittals; approved shop drawings; and Equipment Add- Update-Retire Forms (formerly the Equipment Add-Delete-Modification Log). All other items as required by the Contract and Paragraph 6.2.4 above shall be submitted as an original, hardcopy document.
6.2.5.1 [ADD] All small format (11”x17”) or smaller photographs, cut sheets, sketches, instructions, diagrams and graphical literature, shall be scanned at a resolution of at least 300 DPI to produce sufficient quality to allow zoom features and readable prints. Color charts or other documents where color is required to convey full information, shall be scanned in color. Color line drawings shall be scanned at 200 DPI to avoid excessive file size.
6.2.5.2 [ADD] All electronic format documents shall be scanned into a single file in current version of Adobe PDF with expandable indexed file structure organized according to CSI format and bookmarked to at least Division and Section level and searchable by keyword.
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6.2.5.3 [ADD] Proper labeling must appear on the disk and jewel case to include the Owner’s name (The University of Texas at Austin); project number (CP number); project title; contents of the CD/DVD (O&M Record Documents Div 1-12 as an example); the sequence number of the disk, if part of a multi-disk set (i.e. DVD 1 of 3); and the archive date. CD/DVD labels must not be adhesive labels
ARTICLE 7. CONSTRUCTION SAFETY
7.1 General: [Add] The Contractor shall submit their Company Safety Plan and prepare a Contractor Emergency Action Safety Plan for the project along with Safety Data Sheets for all products to be used on the project with copies placed in the job site binder and submit to the ODR, Engineer/Architect of Record (aka A/E or PSP), and the PMCS Construction Coordinator no later than three (3) Calendar days prior to Notice to Proceed, or at the Preconstruction Conference; whichever date is sooner. A copy of these documents must be maintained in the jobsite binder at all times throughout construction.
7.1.1 Abatement: Safety Data Sheets for all chemicals, solvents, thinners or any other product capable of producing odors must be submitted and approved by the PSP, PM, and Construction Coordinator prior to approval to proceed with any abatement process. It is the responsibility of the Contractor to verify the product delivered to the site complies with the approved Safety Data Sheet prior to allowing the abatement subcontractor to begin work. 7.1.2 See Appendix 2 for Potentially Noxious Compounds and Odor Thresholds
7.4.2 [Revise first sentence to read] Supply ODR, A/E, Project Manager and PMCS Construction Coordinator with an Incident report no later than twenty-four (24) hours after the occurrence of the event. Depending on the severity of the incident, the PMCS PM, A/E or Construction Coordinator may request a Root Cause Analysis of the incident with focus on preventative measures for future work on the site by the Contractor.
7.7 [ADD this section and subsequent Section 7 subsections] The University of Texas at Austin Specific Safety Requirements:
7.7.1 Purpose: To ensure that contracted construction work is completed in compliance with Occupational Safety and Health Administration (OSHA) and industry standards. Safety compliance shall be considered at all phases of contracted construction work performed for the University of Texas at Austin (UT) Project Management and Construction Services (PMCS). Contracted personnel and their subcontractors at all tiers shall be fully aware of their legal and contractual responsibility to prevent occupational accidents and injuries.
7.7.2 Standards & References: The following standards or references apply to all construction work performed for PMCS:
Part 1926, “Safety and Health Regulations for Construction (29 CFR 1926) Title 29, Code of Federal Regulations, “Labor” Part 1904, “Record Keeping” Part 1910, “Occupational Safety and Health Standards” (29 CFR 1910)
“The Contractor’s Guide to Working Successfully at the University of Texas at Austin” published by PMCS.
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“The Current Uniform General Conditions for University of Texas System Building Construction Contracts”
7.7.3 (Not Used)
7.7.4 (Not Used)
7.7.5 Requirements:
7.7.5.1 Safety Plan: An OSHA approved Safety Plan is a written document that describes the process for identifying the physical and health hazards that could harm workers, procedures to prevent accidents, and steps to take when accidents occur. OSHA recommends that each written plan include the following basic elements: 7.7.5.1.1 Hazard Communication (29 CFR 1910.1200 (e)- Chemical worker right-to-know plan; 7.7.5.1.2 Emergency Action Plan and Fire Prevention Plan (29 CFR 1910.38 and 29 CFR 1910.39)) 7.7.5.1.3 Bloodborne Pathogens Exposure Control Plan (29 CFR 1910.1030 (c)) 7.7.5.1.4 HAZWOPER Safety and Health Plan (29 CFR 1910.120b) 7.7.5.1.5 Respiratory protection; Contractor issued permits for Confined Space Work and Lock Out/Tag Out of Energized Systems; Process Safety Management; Construction Fall Protection; Construction Trenching and Excavations. 7.7.5.1.6 The University of Texas at Austin requires scanning using Ground Penetrating Radar prior to coring, drilling or saw cutting concrete to document locations of rebar, conduit and beams. Contractor must refer to project specifications and plans prior to proceeding with work of this nature or secure specifications from the Structural Engineer of record.
7.7.6. Contractor Reporting of Safe Work Practices:
7.7.6.1 [REVISE] Lock Out Tag Out- The Contractor must take a date and time stamped photo of the Lock Out & Tag Out of any energized system and submit these photos to the PM and Construction Coordinator using electronic mail within 24 hours.
7.7.6.2 Job Hazard Analysis (JHA)and Job Briefings: The Job Hazard Analysis and Job Briefing Process (OSHA Publication) is intended to provide advance planning of project and site specific safety controls, PPE assessments, hazard identification and mitigation strategies, key Points of Contact, and emergency response information for a specific project, job, or task. The Contractor must prepare one prior to each task, conduct a pre- work meeting with the workers who will be performing the task and the workers must sign the JHA.
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7.7.6.3 Non-Routine JHA’s shall be prepared by the Contractor. Non-Routine JHA’s, may include tasks such as: Rope Access Work Plan/JHAs, Incidental, Medium, Heavy, and Critical Lift Plans, Trenching Plans and Confined Space Work and shall be submitted to the PMCS Project Manager and Construction Coordinator for review No less than five (5) Work days prior to starting the task.
7.7.6.3.1 Permits (Authorizations)-To-Work (Confined Space, Welding/Cutting, Hot work, Electrical Hot Work) Permits to work in Confined Space; performing Hot Work; Lock Out Tag Out (LOTO) of energized systems or welding/cutting requires the Contractor issue their companies “Permits to Work” permit and to post it visibly on the project site. The Contractor must also complete the appropriate Job Hazard Analysis for the work that will be performed. These work tasks must be discussed prior to scheduling as part of the project weekly meeting to verify proper University of Texas approval has been secured (Fire Protective Services/Fire Safety Services Shop, Utility Department, Zone Shop and Building Management). Permits must clearly note the Date, Capital Project number, Specific location and floor including applicable room numbers; The Description of work being performed; the name of the person/company performing the work; and it must be signed off by the Prime Contractor. The permit must have a start date and time and an expiration date and time for the permit.
7.7.7 Site Control, Signage and Access:
7.7.7.1 Access to Construction Sites: The Project Manager and Contractor will define who is authorized to enter the construction site. Other personnel desiring access to a construction area must, except for emergencies, obtain approval to enter the construction premises from the Contractor’s Superintendent, the PMCS Project Manager, Construction Coordinator or emergency personnel.
7.7.7.2 The Contractor has the support of the University of Texas to request anyone not in compliance with their Safety Plans and posted signage to leave the site immediately. This includes anyone who enters an active jobsite without proper Personal Protective Equipment.
7.7.7.3 Project and Safety signs shall be placed at each project entrance and on fenced parking and storage areas. The sign must include: The company name and Logo, Building name and Project Number, Project Name, job site location (floor, room number, etc.), Contractor’s point of contact, after work hours and emergency contact numbers and the UT Police Department and building emergency contact phone numbers. Interior project signs shall be a minimum of 11 x 17” and exterior signs must be a minimum of 24” x 24” and of a waterproof material.
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Visitors to the site must obey all safety regulations and signs, wear appropriate Personal Protective Equipment (PPE) comparable to the PPE requirements for workers on the project, and follow special instructions posted by the Contractor.
7.7.7.4 Project and safety signs shall be placed at each project entrance and on fenced parking and storage areas that includes: the Contractors company name/logo, building/project number, project description (include job site location (floor, room number, etc.), Contractor’s point of contact/afterhours/emergency numbers, UT Police Department emergency contact numbers. Interior project information signs shall be a minimum of 11” X 17” and of a water resistant material. Exterior project information signs shall be a minimum of 24” x 24” and of a waterproof material.
Company Name/Logo
Building Name/Capital Project No: XXX- CPXXXXXX Project Description/Title Start Date:
Finish Date:
Architectural firm name:
Contractor Name PM/Super: phone XXX-XXX-XXXX PMCS Contact No.: 512-471-3042 Emergency No.: UT Police Dept.: 512-471-4441 or 911 from a building landline Emergency After Hours: 512-471-2020
7.7.7.4.1 In addition, signage shall be posted along with other special notifications and PPE requirements that the Contractor has determined to be required from their OSHA required hazard analysis and PPE assessments. Note: All safety signs shall be OSHA approved formats.
7.7.7.4.2 Any of these signs, as appropriate, shall be placed at switches and breaker panels (Main points of feed) and used with “Lock-Out” tag below along with lock-out device on all energized systems. If breakers are altered or disconnected, a tag/notification indicating “Out of Service” (by breaker number) shall be posted on the breaker panel Standard “Lock-Out” Tag or equivalent.
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7.7.7.4.3 To be used at energized open panels, troughs and switches along with barricades, cones, plastic chain or danger tape to inform unqualified persons of the hazard. Note: all exposed wires shall have wire nuts installed and placed within the junction box at all times while unattended. If testing circuits, hang tags (“Live Wire” & “Test in Progress”) at all points of exposed wiring, panels, troughs and switches. A minimum of 36” clearance shall be maintained at all times. For circuits that must remain energized at all times or provide electrical service to areas outside of the construction zone, then hang a “Do Not Open” tag and list the breaker(s)/circuit number(s).
7.7.8. Observations: Throughout all phases of construction, PMCS Project Manager and Construction Coordinator overseeing the Work being performed by the Contractors and their subcontractors will monitor field activities on a regular basis to ensure that work is being conducted in a safe and compliant manner.
7.7.8.1 Observations by UT EHS and Fire Protection Services may take place at any time to ensure compliance with applicable codes, standards, and regulations.
7.7.8.2 The PMCS Project Manager and Construction Coordinator will formally notify the Contractor of any deficiencies verbally and in a weekly report and verify that appropriate corrections are made.
7.7.8.3 Observations: The OSHA standards require the Contractor perform daily inspections of activities, equipment, and work site to ensure that the Contractor and their subcontractor employees are working within identified controls and have effectively controlled immediate hazards.
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7.7.8.3.1 The Contractor’s competent person shall conduct regular inspections of the work place and maintain a documented system certifying compliance with Contractor defined safe work practices and safety manual. For example, the scaffolding inspection entries section on Contractor-supplied scaffold tags should include evidence of daily inspections and/or configuration change approvals. Other areas of inspection may include rigging inspections, fall protection equipment, Lockout/Tag-out, confined space, Contractor issued Permits-to-Work, forklifts, heavy equipment, equipment and tools. Contractors shall provide emergency response/egress planning; properly inspected first-aid kits and assure that fire extinguishers are available for their work teams within the designated OSHA distances.
7.7.8.3.2 When hazards are identified and when immediate corrective action is not possible: • The affected workers must be notified, • Warning signs posted, and • Interim control measures established to guard against the hazards.
7.7.8.3.3 All inspections, findings, and corrective measures must be documented and kept onsite for review.
7.7.9. Performance Based Safety and Escalated Notice of Noncompliance: A defined process for the Escalation of Notice of Noncompliance, defined in Appendix I, will be implemented to ensure performance based compliance with safety provisions and reduce the frequency of safety violations and accidents.
7.7.5.6.1 Repeated safety or health violations will become a matter of record and will be part of the evaluation of Contractor bids on future awards.
7.7.10 Unsafe Activities or Conditions: PMCS management has granted authority to its staff to stop an unsafe activity or condition and redirect the Contractor to work in a non-hazardous area until such time as the Contractor abates the hazard. Hazards must be abated as soon as possible after they have been identified. Imminent-hazard activities must be stopped and corrected immediately.
7.7.11 Injuries, Incidents, Equipment Damage: In the event of all injuries, incidents, or accidents that involve any individual, equipment, property or bystander on or near the Work, the Contractor shall notify the PMCS Project Manager and the Construction Coordinator immediately, and follow-up the verbal report with the written Contractors First Report of Injury and the PMCS required Incident Reporting and Investigation form within twenty-four (24) hours of the event.
7.7.12 Job Site Binder: Safety related documentation for construction work shall be retained in a job site Binder. The Binder shall include the following documents: The Contractor Emergency Action Safety Plan Job Hazard Analysis (JHA) and Job Briefing Sheets Excavation/Trenching Plans Incidental, Medium, Heavy and Critical Lift Plans Rope Access Work Plan and JHA Non-Routine JHA UT Austin 080116 Rev. 1192020 AGC-25
Project Roster; Contractor and Subcontractor Emergency Contact Information (Daytime and After Hour phone numbers) Safety Data Sheets for all materials brought or used on a job.
7.7.13 Equipment: Contractors shall: Ensure the safety of their equipment by implementing an equipment inspection scheme; Shall not use shop made or special tools and equipment unless supplied by a sketch or drawing that is stamped/signed by a Professional Engineer (PE); and Shall not use or alter tools and equipment beyond the manufacturer’s recommendations unless approved by the manufacturer or a PE.
7.7.14 Contractor Personnel:
7.7.14.1 Qualifications: Contractors are responsible for ensuring that all workers on-site are trained and qualified according to federal and state requirements. When contracted personnel arrive on-site, they must:
7.7.14.1.1 They must use the proper PPE and tools to safely perform their work.
7.7.14.1.2 When OSHA requires a competent person, the Contractor will designate such an individual in writing and be prepared to demonstrate to the PMCS Project Manager and Construction Coordinator the basis for the individual’s competency. The following, but not limited to, are activities that typically require a competent person: Superintendent or designated Safety Officer Excavation Scaffold erection (This must have a qualified scaffold erector to assemble, inspect, disassemble or modify any scaffolding) Fall protection Confined space entry Respiratory protection Hoisting and rigging Rope Access; and Equipment Operators.
7.7.14.2 Identification and Badging: All job-site personnel or visitors shall openly display photo identification or Contractor issued visitor badge for job site workers.
7.7.14.3 Personal Protective Equipment: PMCS requires the following PPE to be worn by all parties entering a construction site at all times: Hard hat, appropriately tinted safety glasses (clear for indoors and tinted/or clear for outdoors), skid resistant and/or closed or steel toe safety shoes, construction vest for outdoor construction sites, appropriate clothing, and a photo
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identification badge. The Contractor is responsible for issuing the employee photo ID badge and enforcing these requirements at all times.
7.7.14.3.1 The minimum requirements for all parties entering a construction site are the following: Hard Hat (ANSI Z89.1-2003) Non Skid Safety shoes and/or Safety-toe shoes (ASTM F2412-2005 and F2413-2005) Protective eyewear (ANSI Z87.1-2003) Safety vest (class 2 or class 3, ANSI/ISEA 107-2004) for outdoor construction projects with heavy equipment. Work shirt (long or short sleeve and work pants (long). Garments must be free of writing that could be construed as offensive or inappropriate.
7.7.14.3.2 Other PPE requirements apply based on the Contractor hazard assessment of the project and work areas. PPE requirements will be documented in the task-specific JHA and posted at the job site using OSHA approved signs and symbols.
7.7.15. Roles and Responsibilities:
7.7.15.1 Project Management and Construction Services (PMCS): Project Managers and Construction Coordinators oversee the Contractor construction work performed at UT Austin.
7.7.15.2 Construction Coordinator: The role of the Construction Inspector is to act on behalf of the PMCS Project Manager in the field to ensure by physical oversight that the technical and safety requirements specified in the contract documents are met by the Contractor.
7.7.15.3 UT Fire Prevention Services: The UT Fire Prevention 7.7.15.4 PMCS Project Manager: The PMCS Project Manager is the Owner’s Designated Representative (ODR) and has the responsibility for general administration of the contract. The PMCS Project Manager is the primary point of contact between UT PMCS and the Contractor.
7.7.15.4 Contractor: Contractors are responsible for the safety of their workers, their subcontractors, job site visitors and for meeting all requirements of the contract. The Contractor shall assure that all workers on the site are qualified and competent (as defined by OSHA) to perform the duties of the job as assigned. The Contractor shall enforce job site safety and shall require anyone in non- UT Austin 080116 Rev. 1192020 AGC-27
conformance to immediately vacate the job site. If this does not occur, the PMCS Project Manager or Construction Coordinator may institute the escalated Notice of Noncompliance (Appendix I).
7.7.16 Training: The Contractor’s Project Managers and Superintendents shall have completed OSHA 30 hour training and submit evidence of the training to PMCS prior to the issuance of a Notice to Proceed.
7.7.7.16 Site-Specific Safety Orientation: The UT Project Manager will coordinate a site-specific safety orientation and review of safety requirements at the pre-proposal and pre-construction conferences.
7.7.17 Appendices:
Appendix I, Escalated Notice of Noncompliance Procedure Appendix II, Potentially Noxious Compounds and Odor Thresholds
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Appendix I
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Company Name Address City, State, Zip
Subject: Notice of Contract Non-Compliance Capital Project No.: Project Name:
Dear (Company Project Manager):
Pursuant to Article 7: Construction Safety of the Uniform General Conditions (09/01/2013) and Article 7 of the Additional General Conditions (090113), a Notice of Non-Conformance was issued on the project site to your site Superintendent, ______(name) on ______(date), by the PMCS Construction Coordinator for Project Management and Construction Services (PMCS) at The University of Texas at Austin. To date, there has not been consistent and sustained compliance with the areas cited and additional notice was provided to your site Superintendent, ______on ______(date). The specific areas of non-compliance are listed below.
Non-Compliance Items:
* * *
Your construction contract with the University of Texas at Austin, Project Management and Construction Services, requires your conformance to all State and Federal laws and to The University of Texas at Austin safety requirements as identified in your contract documents. The violations identified above require immediate and sustained corrective action on your part. Failure to comply within ______working calendar days, and to maintain a safe worksite throughout the balance of this project, may result in further action on the part of the PMCS Contract Manager which may include notification of noncompliance to your insurance and bonding carriers as well as any and all remedies available pursuant to Article 14 of the Uniform General Conditions which may include Suspension of Work for Cause or Termination by Owner for Cause.
Should you have any questions regarding this notice, please contact ______(name and title) at (512) ______Monday through Friday between the hours of 7:30 A.M. and 4:00 P.M.
Sincerely,
Signature
Attachment: Copy of Non-Conformance Reports
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Company Name Certified Mail, Return Receipt Requested Address Certified Mail No: City, State, Zip
Subject: Second Notice of Contract Non-Compliance Capital Project No: Project Name:
Dear (Company Contract authority):
Pursuant to Article 7: Construction Safety of the Uniform General Conditions (09/01/2013) and Article 7 of the Additional General Conditions (090113), a Notice of Non-Conformance was issued on the project site to your site Superintendent, ______(name) on ______(date), by the PMCS Construction Coordinator for Project Management and Construction Services (PMCS) at The University of Texas at Austin. A letter of Non-Compliance was issued to your Project Manager, ______, on ______(date) To date, there has not been consistent and sustained compliance with the areas cited and an additional notice was provided to your site Superintendent and Project Manager, ______on ______(date). The specific areas of non-compliance are listed below.
Non-Compliance Items:
* * *
Your construction contract with the University of Texas at Austin, Project Management and Construction Services, requires your conformance to all State and Federal laws and to The University of Texas at Austin safety requirements as identified in your contract documents. The violations identified above require immediate and sustained corrective action on your part. Failure to comply within ______working calendar days, and to maintain a safe worksite throughout the balance of this project, may result in further action on the part of the PMCS Contract Manager which may include notification of noncompliance to your insurance and bonding carriers as well as any and all remedies available pursuant to Article 14 of the Uniform General Conditions which may include Suspension of Work for Cause or Termination by Owner for Cause.
Should you have any questions regarding this notice, or you feel this notice was issued in error, please contact ______(name and title) at (512) ______Monday through Friday between the hours of 7:30 A.M. and 4:00 P.M.
Sincerely,
Signature
Attachments: Notice of Non-Conformance dated: Copy of Non-Compliance dated: UT Austin 080116 Rev. 1192020 AGC-31
Company Name Certified Mail, Return Receipt Requested Address Certified Mail No: City, State, Zip
Subject: Third Notice of Contract Non-Compliance Capital Project No: Project Name:
Dear (Company Contract Authority):
On ______(date) a letter of Contract Non-Compliance to Construction Safety requirements was sent to you via certified mail, return receipt requested citing violations of Article 7: Construction Safety of the Uniform General Conditions (09/01/2013) and Article 7 of the Additional General Conditions (090113) in your contract documents for this project. Despite multiple notices and two prior letters to your company, you continue to be in non-compliance. The items we have identified are listed as follow.
Non-Compliance Items: * * *
Your construction contract with the University of Texas at Austin, Project Management and Construction Services, requires your conformance to all State and Federal laws and to The University of Texas at Austin safety requirements as identified in your contract documents. Despite our efforts to gain compliance, ______(company name) continues in violation of this contract. These violations require immediate and sustained corrective action on your part. Failure to comply by this date and to maintain conformance to your contractual obligations may result in further action with may include any and all remedies available pursuant to Article 14 of the Uniform General Conditions of your contract which may include Suspension of Work for Cause or Termination of your contract by Owner for Cause.
Should you have any questions regarding this notice, or you feel this notice was issued in error, please contact ______(name and title) at (512) ______Monday through Friday between the hours of 7:30 A.M. and 4:00 P.M.
Sincerely,
Signature
Attachments: Notice of Non-Conformance dated: Copy of Non-Compliance dated:
Copy: Insurance Carrier Bonding Company
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Appendix II Potentially Noxious Compounds And Odorous Chemicals
The following is a list of typical chemical components that have previously resulted in odor complaints. To determine if the chemical substances on your project are from one of the groups that have been an issue in the past, reference Section 3 of the Safety Data Sheet (SDS)-Composition/Information on Ingredients (see attached example.
It is critical that chemicals with a potentially noxious odor not be used, when possible. If possible, they should be replaced with a less odorous chemical.
The list provided below is not a complete list of all noxious chemicals. If you have specific concerns not addressed in this Appendix, please contact Environmental Health & Safety (EHS) at The University of Texas at Austin (512) 471-3511. If it is determined by the Project Manager for The University that noxious chemicals must be used, every effort should be made to perform the work when the building is not occupied. In the event this proves to be infeasible, the Project Manager shall be notified prior to commencing work. In addition, appropriate ventilation may be considered in coordination with EHS.
Potentially Noxious Compounds
Oil-Based Paints: Containing petroleum distillates, mineral spirits, kerosene, white spirits, naphtha, Stoddard solvent, benzene, turpentine
Aerosol paints including “Krylon”: Containing xylene, propane, butane, ethylbenzene, acetone, methyl ethyl ketone
Paint and Mastic Removers: Containing toluene, methanol, acetone, aromatic naphtha solvent, N- methylpyrrolidone (NMP), Dibasic esters (DBE), including dimethyl adipate ester, dimethyl succinate ester, and dimethyl glutarate ester
Water-Proofing Products and adhesives: Containing 2-Part epoxies, perfluorinated compounds (PFCs), Naphtha, n-hexane, methyl ethyl ketone
Varnish/Lacquer: Containing butyl acetate, xylene, toluene
Caulks and Sealants: Containing silicon, polyacrylates, isocyanates
Lighter fluids and other fuels or solvents with flash points below 140 F
Mercaptans: These products contain sulfur and the odor has been described⁰ as rotten eggs, garlic, rotting cabbages, or smelly socks. Olfactory fatigue may prevent adequate warning of hazardous concentrations. Synonyms - Methanethiol; Thiomethanol; Mercaptomethane; Methyl Sulfhydrate; Thimethyl Alcohol; Ethanethiol; Ethyl sulfhydrate; Mercaptoethane; Ethyl Hydrosulfide; Ethyl Thioalcohol; Thioethanol; and Thioethyl Alcohol.
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Methylene chloride (Dichloromethane) should never be used in an indoor environment.
Odor Threshold: The odor threshold for a material is defined as the concentration in the air of a particular material, when the typical person should first be able to smell it. Many chemicals have good detection properties and you can detect the odor (smell) long before the concentrations become hazardous to human health. Some substances can be detected when their concentration is only few milligrams per 1,000 tons, which is less than a drop in an Olympic swimming pool. A typical odor threshold level that is considered low is 1 ppm. This information can be found in Section 9 of the SDS-Physical and Chemical Properties (see attached example).
Ventilation: Return air vents can draw evaporating chemicals from the project location site and distribute odors to adjacent spaces. As a chemical evaporates and becomes airborne, the material will generally move through a building along the same path as the airflow. Ventilation systems are designed to create positive air pressure in each conditioned space in order to force air out through cracks, crevices and other spaces that exist in walls, floors, and ceilings. If a ventilation system creates negative air pressure, air can be drawn into the space, resulting in the transport of dust, dirt, and odors from wall cavities, crawl spaces, and adjacent areas.
HVAC Units: One method to isolate the movement of chemical odors is to seal supply and return openings, as well as window units, with plastic. Care shall be taken to isolate or protect plenum areas above false ceilings. Operate exhaust systems, or add supplemental exhaust, where feasible, to negatively pressurize the area. If the HVAC system must remain operational, (e.g. the HVAC serves other occupied rooms), temporary activated carbon impregnated filters may be installed on the return air ductwork (i.e. on ceiling return grills, transfer ducts, or main return duct).Window convection openings should be sealed with plastic. The temporary filters must receive periodic maintenance throughout the project and be removed at the end of the project.
Surrounding Areas: All surrounding occupied areas must be protected from construction activities. Pressurize the occupied spaces to prevent entry of dust/odors during construction activities. Doors and windows should be kept closed to the space undergoing renovation. Where there are no doors, erect plastic barriers to separate the occupied areas from demolition/construction activities. Where openings must be maintained for entry of personnel or materials, a reduced pressure differential must be maintained at the work site or plastic doors constructed. When there is the potential for odorous emissions, portable local exhaust systems should be utilized. These must be self-contained systems with appropriate pollutant filtration or provisions must be made for exhausting outside the building.
Child Occupied Facilities: If possible do not use any chemicals with the above listed constituents or chemicals that have low odor thresholds in child occupied facilities. If you must use these chemicals perform the work after hours or on weekends, when the facility is empty. In emergency cases where work must be performed while the building is occupied, you must contact the facility director and EHS prior to starting work.
Communication: When your renovation and repair project may use products that are potentially noxious, protective measures for building occupants and third parties are critical. Communication with all potentially affected groups is important to create a safe working environment.
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EXAMPLES OF ODOR THRESHOLD VALUES Oil-Based Paints: Containing petroleum distillates (none established), mineral spirits (none established), kerosene (0.3-3 ppm), white spirits (0.5-5 ppm), naphtha (0.5-1.1 ppm), Stoddard solvent (1-30 ppm), benzene (1.5 ppm), turpentine (100 ppm)
Aerosol paints including “Krylon”: Containing xylene (1.1 ppm), propane (1,800 ppm), butane (2,700 ppm), ethylbenzene (2.3 ppm), acetone (20 ppm), methyl ethyl ketone (5.4 ppm)
Paint and Mastic Removers: Containing toluene (0.4 ppm), methanol (100-1,500 ppm), acetone (20 ppm), aromatic naphtha solvent (not available), N-methylpyrrolidone (NMP) (0.17-0.36 ppm), Dibasic esters (DBE) (0.1 ppm), including dimethyl adipate ester (0.01 ppm), dimethyl succinate ester (0.1 ppm), and dimethyl glutarate ester (0.1 ppm)
Water-Proofing Products and adhesives: Containing 2-Part epoxies (Not available), perfluorinated compounds (PFCs) (0.04 ppm), Naphtha (0.5-1.1 ppm), n-hexane (65-248 ppm), methyl ethyl ketone (5.4 ppm) Varnish/Lacquer: Containing butyl acetate (7-20 ppm), xylene (1.1 ppm), toluene (0.4 ppm)
Caulks and Sealants: Containing silicon (1-5 ppm), polyacrylates (not available), isocyanates (2.1 ppm)
Mercaptans (0.26-0.97 ppb)
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ARTICLE 8. QUALITY CONTROL
8.3 Submittals
8.3.1 Contractor’s Submittals:
8.3.1.1 [Revise first sentence to read] The Contractor shall within SEVEN (7) CALENDAR DAYS of the effective date of the Notice To Proceed of construction submit to the ODR, and the AE, a submittal schedule/register, organized by specification section which lists all items to be furnished for review and approval by the Architect/Engineer and Owner.
8.3.1.1.1 Final Air Handler Units (AHU), pumps and other long lead component Submittals (that may affect construction schedule) shall be submitted for review one week after the date of the Notice to Proceed Letter. Owner review will be complete within one (1) week of submission date of all related submittals. AHU’s shall be delivered onsite no later than twelve (12) weeks after the date of the Notice to Proceed Letter.
8.3.1.2 [Revise fourth and fifth sentences to read] Show and allow a minimum of SEVEN (7) CALENDAR DAYS duration after receipt by the Architect/Engineer and ODR for review and approval. The review time is based on having all related submittals at the same time that may relate to each other or a related assembly in order to approve any individual submittal. If re-submittal is required, allow a minimum of an additional SEVEN (7) CALENDAR DAYS with THREE (3) CALENDAR DAYS FOR JOC PROJECTS for review.
8.3.7 [ADD] DURING PROPOSAL SOLICITATION, the Owner will only consider requests for substitution only from prime proposers received at least EIGHT (8) CALENDAR DAYS PRIOR TO THE DUE DATE FOR ENVELOPE NO. 01. Requests received after that time will not be considered. In the event a substitution is accepted, all proposers shall be notified of the acceptance in a subsequent Addendum.
8.3.7.1 For products specified by naming one or more products, by indicating the option of selecting equivalent products (for example, by stating "or approved equal") Contractor must submit request as required for substitution, for any product not specifically named.
NOTE: These requirements are not intended to limit competition. The purposes of these requirements are as follows: 1. Establish criteria for measuring the equality of proposed substitutions with those specified. 2. Provide all proposers an equal opportunity to bid any approved substitution.
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8.3.7.2 Request for substitution shall include:
8.3.7.2.1 Name and address of prime bidder making the submittal. 8.3.7.2.2 Name and address of Manufacturer. 8.3.7.2.3 Trade name. 8.3.7.2.4 Manufacturer's data. 8.3.7.2.5 Model or catalog designation. 8.3.7.2.6 Complete date substantiating compliance of proposed Substitution with Contract Documents including catalog with approved installation details. 8.3.7.2.7 Statement that the proposed system has been in use for a minimum of ten years in Texas. 8.3.7.2.8 List of at least five jobs within a reasonable mile radius along with reference names and phone numbers where the proposed alternate system was used under similar conditions. These jobs must be available for inspection by the Owner.
8.3.7.3 Substitutions will not be considered if:
8.3.7.3.1 Acceptance will require substantial revision of the Contract Documents. 8.3.7.3.2 Any references investigated provide less than a satisfactory response.
8.6 [ADD] Owner Quality Control
8.6.1 If deemed necessary, the Owner will provide additional quality control for the Project. It will be performed by an independent agency.
8.6.2 The Owner will not pay for the Contractor’s quality control inspection nor the Contractor’s incidental labor required in assisting with the costs for re-testing areas that fail an initial inspection. The Contractor shall pay for all costs associated with re-testing.
8.6.3 The duties and responsibilities of the Independent Observer shall include:
8.6.3.1 Observe materials and application procedures and to document compliance or noncompliance with Project Specifications and manufacturer's written instruction. 8.6.3.2 Request and observe procedures and provide written report to the Owner. 8.6.3.3 Report observed defects and deficiencies to the Owner. 8.6.3.4 Documentation must include photographs, samples, and reports.
8.6.4 The Independent Observer shall not be responsible for:
8.6.4.1 Acts or omission of the Contractor. 8.6.4.2 Supervision or management of the work. 8.6.4.3 Changes to or interpretations of the Specifications. 8.6.4.4 Safety precautions or procedures. UT Austin 080116 Rev. 1192020 AGC-37
8.6.4.5 Relieving the Contractor from his obligations and responsibilities as set forth in the Specifications. 8.6.4.6 Any warranty or guaranty of the acceptability of the Contractor's work. 8.6.4.7 Any change in the requirement for the Contractor to fully comply with the provisions of the Contract Documents.
8.6.5 The Independent Observer does not have the authority to direct the Contractor's activities or interfere in any way except to inform the Contractor of observed defects or deficiencies and to report same to the Owner.
ARTICLE 9. PROJECT SCHEDULING REQUIREMENTS
9.3 Work Progress Schedule:
[Revise 2nd sentence to read] “Unless indicated otherwise in those documents, Contractor shall submit their initial Work Progress Schedule for the Work in relation to the entire project not later than SEVEN (7) CALENDAR DAYS after the effective date of the Notice to Proceed to the ODR and the AE.”
9.3.2.1 [ADD] Construction Schedule Update: Update work progress schedule and submittal register weekly.
9.6 Modification of the Contract Time:
9.6.2.1.1 [ADD] Requests for extension shall meet the following conditions: 9.6.2.1.1.1 Work could not have been done on any other portion of the Project without adverse consequences. 9.6.2.1.1.2 No one day will be counted more than once. 9.6.2.1.1.3 Lost holidays or weekends will not be counted unless the work day preceding the holiday(s) is lost because of inclement weather and the conditions continue into the non- work days.
9.6.2.1.2 [ADD] Contractor shall maintain a log of the weather conditions throughout the Project and this log shall be made available to the Project Manager upon his request.
9.6.2.1.3 [ADD] If the work cannot be completed during the designated period due to inclement weather or circumstances beyond the Contractor's control, the Contractor shall make arrangements with the Project Manager to complete the remaining work in a manner which will cause the least interference with the Owner's operations.
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9.11.1 [ADD] If the Contractor does not complete all work at the time stipulated in the contract plus any additional time added to the contract by approved change orders, the Owner may assess liquidated damages in the amounts stated in the Owner’s Special Conditions.
9.11.2 [ADD] If the Contractor does not complete all deficiencies within the time limits indicated in the Substantial Completion Certificate or other items required by the Contract, the Owner may additionally charge liquidated damages (as mentioned above) from the deadline set in the Certificate until all items are completed and accepted.
ARTICLE 10. PAYMENTS
10.1 Schedule of Values:
10.1.1.1 [ADD] The Schedule of Value shall itemize material and labor for the various classifications of the Work based on the organization of the specification sections and of sufficient detail acceptable to the ODR and shall be submitted within seven (7) calendar days of the Notice to Proceed under the Contract.
10.1.1.2 [ADD] General Condition costs shall include shop drawings, submittals, close- out documents, site investigation, calculations and shall be included in the Schedule of Values. 10.1.1.3 [ADD] The Schedule a Value shall itemize separately in the General Conditions the cost for training, when training is required.
10.2 Progress Payments:
10.2.1.6 [ADD] Progress Payments with Schedule of Values that itemizes material and labor for the various classifications of the Work are required, with the following exceptions: 10.2.1.6.1 Contractor submits only one payment application for the entire completed job minus the retainage; 10.2.1.6.2 Project is a single trade project only; or 10.2.6.2.3 Total Project Cost is less than Fifty-Thousand and 00/100 Dollars ($50,000.00).
10.2.1.7 [ADD] Each progress pay request shall be submitted on the form “Application and Certificate for Payment – Project Management and Construction Services” provided to the Contractor by PMCS at the time of Notice to Proceed.
10.3 Owner’s Duty to Pay:
10.3.2 [REVISE] The Owner shall retain ten percent (10%) of the amount of each progress pay request’s Total Completed To Date amount until final completion and acceptance of all work covered by this Contract. The Architect / Engineer will not reduce the amount retained below ten percent (10%). The above ten percent (10%) retainage shall be five percent (5%) on projects greater than $400,000.00. UT Austin 080116 Rev. 1192020 AGC-39
10.3.2.5 [ADD] Should a progress payment request include materials stored off- site, the Contractor shall submit to the Owner an insurance policy for the value of the off-site stored materials which names The University of Texas at Austin as the insured. This is in addition to other insurance requirements of these Specifications. This may be part of the Builders Risk Certificate if name, address and location are specifically named.
10.3.2.6 [ADD] Payment for labor and/or materials shall be inclusive of submittals, shop drawings, etc. as required to commence any Work referenced in 8.3.1 and/or survey, plan and direct the Work. Payment for cost of submittals, shop drawings, site investigation, calculations etc. shall be scheduled with value for installation of the respective materials. Projects having fire sprinkler scope of work valued at seventy-five percent (75%) or greater of the entire contract amount may schedule a value up to five percent (5%) of the total value of the work for payment of approved sprinkler design submittals unless otherwise agreed by the ODR. Payment for Work referenced in 10.2 excludes all off site efforts unless otherwise approved by the ODR and in accordance with 10.5.
ARTICLE 11. CHANGES
11.1 Change Orders:
11.1.3 [ADD] The Contractor shall submit change proposals indicating all related costs for the change and indicating the respective allowable percentage mark ups and breakdown (as may be allowed in the UGC). These proposals shall be submitted on a form approved by the Owner or on a layout and form that may be provided by the Owner. All proposals shall be signed by the Contractor’s representative. Request for time extensions for changes shall be made at the same time. Contractor shall submit revised HSP Plan on any new trades added to the project and shall revise the PAR amounts for subcontractors with next Pay Application following the execution of Change Orders.
11.7.2 [Revise last sentence to read] Contractor shall provide written response to change request within SEVEN (7) CALENDAR DAYS of receipt.
ARTICLE 12. PROJECT COMPLETION AND ACCEPTANCE
12.1 Closing Inspections:
12.1.1.1.1 [ADD] The Contractor must complete and submit the Equipment Add- Update-Retire Form (formerly the Equipment Add-Delete-Modification log) as required in Paragraph 6.2.4.1. The format of this form shall be furnished to the Contractor and is available through the PMCS website at: http://www.utexas.edu/pmcs/dcstandards/.
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12.1.2 Final Inspection: [Revise 2nd sentence as bolded] Unless otherwise specified, or otherwise agreed in writing by the parties as documented on the Certificate of Substantial Completion, the Contractor shall complete and/or correct all work within FOURTEEN (14) CALENDAR DAYS of the Substantial Completion date.
12.1.3 [ADD] Prerequisites for acceptance of substantial completion for roofing, waterproofing, and other required projects shall include, but not limited to, the following:
12.1.3.1Successful leak testing of each portion of the project that may apply; including roofing and gutter work. 12.1.3.2 Absence of ponding and satisfactory drainage of all new pavement and drainage systems.
12.3 Acceptance & Payment:
12.3.2 [Revise as bolded] Final Payment Documentation: Prior to or with the Application for Final Payment, Contractor shall submit final electronic copies of as-constructed documents, maintenance and operating manuals, and Add/Update/Retire Equipment Log. Original, hardcopies of the following close-out documents shall be submitted: certificates of substantial completion, Warranty letter(s), Affidavit of Release of Liens, Affidavit of Payment of Debts and Claims, Consent of Surety for Final Payment, evidence of the Contractor’s return of all keys and access cards, certification of No Asbestos Containing Materials (art 13.7), MSDS sheets for all materials and all other items required by the Contract. Submit original Consent of Surety to Final Payment and an affidavit that all payrolls, bills for materials and equipment, subcontracted work and other indebtedness connected with the Work, except as specifically noted, are paid, will be paid, or otherwise satisfied within the period of time required by Tex. Gov’t Code, Chapter 2251.. The Contractor may not subsequently submit a claim on behalf of a subcontractor or vendor unless the Contractor’s affidavit notes that claim as an exception.
12.3.2.1 [ADD] All required Close-Out documents must be submitted to ODR no later than Forty-Five (45) calendar days from the date of Substantial Completion.
ARTICLE 14. SUSPENSION AND TERMINATION
14.1 Suspension of Work for Cause
14.1.4 If, in the opinion of the Project Manager or Construction Coordinator, work is not being performed in accordance with the Project Documents, work may be stopped until all discrepancies are resolved. Extension of Completion Time because of work stoppage must be requested by the Contractor, and, if determined to be merited, approved in writing by the Project Manager.
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ARTICLE 16. CERTIFICATION OF NO ASBESTOS CONTAINING MATERIAL OR WORK
16.1.1 [ADD] Asbestos Waste Manifests: All third-party asbestos consultants or the asbestos abatement contractor shall be required to sign asbestos manifests on all University of Texas at Austin projects that include asbestos abatement work.
16.1.2 [ADD] Asbestos Waste Manifest Training: The individual signing the asbestos waste manifest shall provide a certification evidencing the satisfactorily completion of the Department of Transportation general awareness training, function-specific training for Class 9, and security training to adequately complete asbestos waste manifests in compliance with 49 CFR 172, Subpart H.
16.1.3 [ADD] Records Retention: No more than thirty (30) calendar days upon completion of abatement, copies of all asbestos waste manifests shall be submitted directly to Environmental Health & Safety (EHS) via email with the respective Project Manager copied. EHS email to be used: [email protected].
ARTICLE 18. [ADD] TEMPORARY FACILITIES
18.1 Temporary Utilities: The Owner will provide all necessary utilities free of usage charges. Temporary connections or extensions of existing utility services shall be provided and removed at the completion of the Work at the Contractor's expense.
18.2 Barricades, Warning Signs and Lights: Comply with recognized standards and code requirements for the erection of substantial barricades where needed to prevent accidents. Contractor shall provide signage and appropriate barricades to prevent any unsafe condition from developing during the course of the Contract. Contractor shall properly store and secure materials to prevent unauthorized use.
18.3 Temporary Fire Protection: Review fire prevention and protection needs with the ODR and Owner's Fire Prevention Services officials and establish procedures to be followed in the event of fire. Instruct personnel in procedures and post warnings and information. Maintain unobstructed access to fire extinguishers, temporary fire protection facilities, stairways, and other access routes. Prohibit smoking in hazardous areas. Provide supervision of welding operations, combustion type temporary heating units, and similar sources of ignition.
18.3.1 The Contractor shall be responsible for initiating, maintaining, and supervising safety precautions and programs associated with the Work. It shall be the duty and responsibility of the Contractor to comply with all pertinent sections of the Occupational Safety and Health Act of 1975, and all amendments thereof. The Contractor shall do all things necessary and provide all equipment and labor necessary to protect students, staff, faculty, and the general public from dangers associated with the Contract. Walkways, parking areas, and other areas surrounding the job site will be in use and given priority. The University shall not be held responsible for failure of the Contractor to perform the job in a safe manner.
UT Austin 080116 Rev. 1192020 AGC-42
18.4 Temporary Sanitary Facilities: Contractor shall furnish temporary sanitary facilities for the needs of all construction workers and others performing work or furnishing services on the project with the following limitations:
18.4.1 Sanitary facilities shall be obscured from public view to the greatest practical extent.
18.4.2 The location shall be acceptable to Owner.
18.4.3 Sanitary facilities shall consist of properly-enclosed, self-contained portable units equipped with reservoirs. Reservoirs shall be maintained in proper sanitary condition by chemical treatment and periodic cleaning.
18.4.4 Contractor shall enforce the use of such sanitary facilities by all personnel at the site.
ARTICLE 19. [ADD] ADDITIONAL CONDITIONS (THE UNIVERSITY OF TEXAS AT AUSTIN ENVIRONMENTAL HEALTH AND SAFETY)
19.1 CONSTRUCTION SITE PROCEDURES FOR CONTRACTORS
19.1.1 COMMON PROBLEMS FOR CONTRACTORS
♦ Equipment Cleaning: Equipment must be cleaned in a manner that does not create any discharge of cleaning agents, paints, oil or other pollutants to a storm sewer or waterway. Soaps and detergents must never be discharged to the ground or off-site. When rinsing painting equipment outside, rinse water must be contained in a bucket or other container. Water-based or latex paint rinse water may be discharged to the sanitary sewer. Oil- based paint wastes, including solvents and thinners, must not be disposed of in the sanitary sewer; they must be collected and disposed of through the Contractor's disposal company in accordance with applicable laws and regulations. Cement handling equipment must be rinsed in a contained area and there must be no drainage off-site.
♦ Pressure Washing: Discharges from pressure washing must not be allowed to enter a storm sewer or waterway. Consider vacuuming up the water or berming the process water and allowing it to evaporate. If the rinsate only contains water and dirt or sediment it may be spread on the ground with prior permission from PMCS and Environmental Health & Safety, and if it will not enter a storm sewer or waterway. Depending on the content of the material it may also be possible to discharge to a sanitary sewer with prior permission from Environmental Health & Safety. UT project managers must be involved in the discharge request. (Permission to discharge to sanitary sewer may take up to five working days.)
♦ Waste Disposal: Any trash or debris must be contained on-site and disposed of in a recycling bin or waste receptacle in accordance with applicable laws and regulations to prevent wind or rain from carrying it off-site into a storm drain or waterway. Petroleum wastes, such as waste oil and used oil filters, must be containerized for recycling or disposal by the Contractor. UT Austin 080116 Rev. 1192020 AGC-43
Non-hazardous solid wastes, such as general construction debris may be recycled or disposed of in the trash container. Never dispose of liquid wastes of any kind in dumpsters.
♦ Packing Lamps: Used fluorescent, high intensity discharge (HID), and UV germicidal lamps must be collected in containers that protect the lamps during storage and transportation. The original shipping container is the preferred package for spent lamps. Remove extra cardboard end pieces to assure that lamps fit in the box. Remove any plastic lamp sleeves and tape from spent lamps when packing for waste collection. Environmental Health & Safety also has boxes available for packaging standard four foot and eight foot length fluorescent lamps. To receive a packing box call 512-475- 9738. An open top metal drum should be used for other types of lamps such as small lamps, mercury vapor lamps, and other odd shaped fluorescent tubes. In the case of smaller bulbs, additional packing materials such as vermiculite must be added to prevent breakage.
♦ Broken Florescent Lamps: When fluorescent lamps and HIDs are broken, mercury is released to the environment, but some mercury still remains on the surfaces of the glass, phosphor, and the metal or plastic. If a fluorescent, HID, or UV germicidal lamp is broken, all the broken parts must be collected as a hazardous material. Dedicate 30 gallon metal drums labeled with the words "broken fluorescent lamps" to collect the broken pieces, and contact EHS for disposal when the drum is full. The drum must be sealed when it is not actively receiving broken bulbs.
♦ Sediment: Proper erosion and sedimentation controls must be in place prior to any construction activity to prevent sediment or silt run-off. Sediment (including cement) should never be rinsed off the site; instead it must be cleaned up in a manner that does not allow it to reach a storm drain or waterway. Equipment tires must be rinsed before leaving the site, if necessary, to avoid tracking sediment into the roadway or off the site. Erosion and sediment control plans and/or Storm Water Pollution Prevention Plans shall be submitted to EHS. All erosion and sediment controls are to be maintained through the duration of the construction and until all areas are stabilized. All vehicles must leave the site through a stabilized construction entrance meeting the requirements of the University's Construction Standard regarding Erosion and Sedimentation Controls.
♦ Site Dewatering, Tank, & Pipe Testing: Discharges from dewatering, hydrostatic tank testing or pipe pressure testing must be free from sediment, chemicals, and any other pollutants. Some discharges, such as those from underground storage tank pits, may require City of Austin temporary discharge permits and the Contractor is responsible for obtaining such permits. Notify EHS before dewatering and/or discharging.
♦ Petroleum: Spills of hydraulic fluid, oil, and other petroleum products must always be immediately cleaned up to prevent discharge of these fluids with storm water run-off. Petroleum contaminated soil must be cleaned up and disposed of properly in accordance with applicable laws and regulations. Storage containers must be kept closed, clean, and
UT Austin 080116 Rev. 1192020 AGC-44
free of oily residue. Containers over 55 gallons (including mobile tanks) must be stored inside secondary containment.
♦ Separators or Traps: Before removing oil/water separators or traps connected to storm sewers, the materials in them must have been tested by Toxicity Characteristic Leachate Procedure (TCLP) within the last two years before they are cleaned out. Be aware that this test may take three weeks to complete if a recent test has not been conducted. Contractor is solely responsible for accommodating the time for such testing and no claims for delay arising out of such testing will be permitted. Documentation of the test results must be submitted to EHS staff for review and approval before emptying or removing the trap.
19.2 SPILL PREVENTION, CLEAN-UP AND DISPOSAL
19.2.1 Be prepared to contain spills to prevent spreading. Small areas are easier to clean than large ones. Keep sorbent materials such as clay (kitty litter), polypropylene booms and pads, rags and sawdust on hand for clean-up of spilled liquids.
♦ Clean-Up: Sorbent materials can be used to effectively clean-up various materials spilled on pavement, water and soil. Soil or other media which has been contaminated with petroleum or other pollutants must be excavated or remediated in accordance with applicable laws and regulations to prevent contaminated discharges to a storm drain or waterway. Excavated contaminated materials must be stored in containers or on plastic and covered so as to ensure that the contamination is not flushed back onto the ground during a rainstorm.
♦ Contaminated Material Disposal: Proper disposal of waste materials depends partly on the type of contaminant. Hazardous wastes (such as flammable petroleum products, solvents, thinners, and materials contaminated with hazardous wastes) are considered regulated wastes, and should be containerized for transport and disposal by a permitted company in accordance with applicable laws and regulations. Disposal also depends on the amount of contaminant.
19.3 CONTRACTOR REQUIREMENTS AND RESPONSIBILITIES
19.3.1 Contractors are solely responsible for cleaning up and properly disposing of all spilled pollutants brought to the site as part of the Contractor's work (including oil, paint, fuels, antifreeze, solvents, etc.), in accordance with applicable laws and regulations. Contractor must keep accurate records (such as receipts, copies of analytical results, etc.), indicating proper disposal of spilled materials in accordance with applicable laws and regulations. Contractor is responsible for ensuring that all discharges from the site are in compliance with all applicable laws and regulations.
19.3.2 No substance may be dumped or leaked onto the ground or allowed to run-off of a construction site that might cause pollution. Be aware that Contractor is responsible for pollutant contaminated run-off and proper disposal of all waste materials generated as a result of Contractor's activities. UT Austin 080116 Rev. 1192020 AGC-45
19.4 NOTIFICATION REQUIREMENTS AND PROCEDURES
19.4.1 Environmental, Health and Safety office and the ODR should be notified immediately in the event of:
• Any spill that threatens to enter a storm sewer or watercourse. • All petroleum spills (e.g., hydraulic fluid, transmission fluid, diesel, gasoline, etc. • Any hazardous or unknown material spill (e.g. many solvents, cleaners, etc.). • Any discharge from your site which you suspect may be in violation of City Code, state regulations, or other applicable laws and regulations (e.g. discharges which are cloudy, foul smelling, colored, contain chemicals, or heavy sediment loads).
19.4.1.1 Notification can be accomplished by calling the UT-Austin EH&S at 512-471- 3511 (after normal working hours, press "0" during the recording).
19.4.1.2 Environmental Health and Safety acknowledges the assistance of the City of Austin Environment and Conservation Services Department for the use of information in this document.
ARTICLE 20. [ADD] OPEN ORDER LABOR (OOL) SOLICITATIONS
20.1 OOL: Open Order Labor only solicitations (part of the Job Order Contracting program), for the most part deal with labor only types of Job Order agreements that supplement UT shop employee labor and are under the direct supervision of UT personnel. OOL agreements do not necessarily relate to conventional project requirements involving drawings and specifications and except for rare occasions do not involve the purchase of materials and do not allow subcontracting labor. For this reason many of the UGC and AGC items do not apply in total or may be modified as applicable. Some examples would be: not requiring bonds and certain insurance coverage; not requiring retainage or schedule of values on payment invoices; temporary facilities; and other miscellaneous items that would be standard requirements for general construction contracts.
(END OF SECTION ADDITIONAL GENERAL CONDITIONS)
UT Austin 080116 Rev. 1192020 AGC-46
HUB/SB Program Office 512-471-2851 https://financials.utexas.edu/hub
Exhibit H – Policy on Utilization Historically Underutilized Businesses
HUB Subcontracting Plan for:
• Construction Manager at Risk (CMR)
The University of Texas at Austin – Campus Planning and Project Management Use Only
Revision dated November 23, 2020 Table of Contents
UT Austin HUB Policy Page ii Instructions to Complete the Construction Manager At Risk (CMR) Pages iii-iv Letter of HUB Commitment Page v Letter of Transmittal Page vi HUB Subcontracting Plan (HSP) Pages 1-7 HUB Subcontracting Opportunity Notification Form Page 8 Prime Contractor Progress Assessment Report (PAR)* Page 9
* Note 1: If awarded a contract, the Prime Contractor Progress Assessment Report (PAR) is a required form with each payment application submitted. This form is a condition of payment.
For questions or clarifications regarding the HUB Subcontracting Plan:
UT Austin HUB/SB Program Office 512-471-2851 [email protected]
(When communicating with UT Austin HUB, please reference the contract number) POLICY ON UTILIZATION OF HISTORICALLY UNDERUTILIZED BUSINESSES (HUBs)
Introduction
The Historically Underutilized Business (HUB) program is a state of Texas initiative to increase the opportunities available to businesses owned by minorities, service-disabled veterans (SDV), and/or women in the area of state procurement and contracting. Accordingly, The University of Texas at Austin is fully committed to the Good Faith Effort to:
enhance the opportunity of HUBs to compete for contracts and purchases increase the number of contracts awarded to HUB firms create a fair and open competitive market improve community awareness regarding HUBs
A Historically Underutilized Business (HUB) is defined as a sole proprietorship, partnership, or corporation in which at least 51 percent of the stock or other equitable securities are owned by one or more persons who are members of the following groups: Asian Pacific Americans, Black Americans, Hispanic Americans, Native Americans, SDV, or women. These individuals must have a proportionate interest in the control, operation, and management of the business, and their principal place of business must be located in Texas.
The university has designated a staff member to serve as the Historically Underutilized Business (HUB) coordinator for the agency. The HUB coordinator assists the university with the development of the agency's procurement specifications, HUB subcontracting plans, and evaluation of contracts for compliance. The HUB coordinator also assists state agencies and the state comptroller with HUB compliance, facilitating compliance with the agency's good-faith effort criteria, HUB reporting, contract administration and marketing and outreach efforts for HUB participation.
Statewide HUB utilization goals are developed by the Texas State Comptroller’s Office – HUB Reporting. Current HUB goals are:
Category Goals
Heavy Construction 11.2% Building Construction 21.1% Special Trade 32.9% Professional Services 23.7% Other Services 24.6% Commodities 21%
B. State of Texas Regulations Governing the Historically Underutilized Business Program (HUB)
In accordance with the Texas Government Code, Title 10, Subtitle D, Chapter 2161. Historically Underutilized Businesses, Subchapter A, state agencies, including institutions of higher education, must make a good-faith effort to use HUBs in state contracts, including contracts for construction, services, and commodities.
In accordance with the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter B, Rule §20.284, Statewide Annual HUB Utilization Goals, each state agency must make a good-faith effort to use HUBs in purchase contracts for construction, services (including professional and consulting services), and commodities.
ii UT Austin Administration Historically Underutilized Subcontracting Plans (HSP) Construction Manager at Risk (CMR)
All Texas State agencies and institutions of higher education are required to make a good faith effort to include minorities, service-disabled veterans (SDV), and women owned businesses in their procurement opportunities. The State of Texas uses the term Historically Underutilized Businesses (HUB) to distinguish State certified minority, SDV, and women owned businesses.
Statement of Probability - Subcontracting Opportunities are probable in connection with this solicitation. Responses that do not include an HSP shall be rejected as a material failure to comply with advertised specifications in accordance with the request for qualifications.
Construction Manager at Risk alternate delivery method is a two (2) part process. Part 1 – Pre-construction Services – Step One (if self-performing pre-con services) or Step Two (if subcontracting all or part of pre-con services). Part 2 – Building Construction – Option Two only.
Part One If you are not subcontracting any portion of the pre-construction services and will be fulfilling the entire contract with your own resources, complete the following sections: 1. Section 1 – Respondent and requisition information. VID # refers to Tax ID number. 2. Section 2A – No, I will not be subcontracting any portion of the contract (pre-con services), and will be fulfilling the entire contract with my own resources. 3. Section 3 – Self Performing Justification – Check no and provide an explanation in the box provided. ** 4. Section 4 – Affirmation 5. Letter of HUB Commitment
**Section 3 Sample Statement- edit as needed (this is intended to be a sample only, expectation is that you will complete according to detailed specifics regarding project) will be fulfilling the entire contract with our own resources, including employees, goods, services, transportation and delivery. If sub‐contracting opportunities are identified at a future date, we will immediately contact the project manager and HUB Associate and commit to performance of a Good Faith Effort through solicitation of HUB firms and submit an amended HUB Subcontracting Plan.
Part Two If you are subcontracting with HUB vendors and Non-HUB vendors (or only Non HUB vendors) for any or all portions of the contract, complete the following: 1. Section 1 – Respondent and Requisition Information. VID # refers to Tax ID number 2. Section 2A – Yes, I will be subcontracting portions of the contract 3. Section 2B – List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to HUB vendors and Non HUB vendors 4. Section 2C – No 5. Section 2D – No 6. Section 4 – Affirmation 7. Good Faith Effort (Attachment B) – Complete this attachment for each subcontracting opportunity listed in Section 2B 8. Include documentation of Good Faith Effort 9. Letter of HUB Commitment
Determination of Good Faith Effort in developing an HSP for construction contracts includes but is not limited to the following: 1. Divide the contract work into reasonable lots or portions to the extent consistent with prudent industry practices.
2 Provide notice to a minimum of two (2) minority/women trade organizations or development centers of subcontracting opportunities to be disseminated to their membership. Notify minority/women organizations of contracting opportunities with reasonable time to disseminate information to members (no less than seven (7) working days from receipt of notice). Weekends and holidays do not count toward 7 day notice.
iii 3. Notify three (3) or more State of Texas certified HUBs for each subcontracting opportunity in writing. Notify theHUBs of subcontracting opportunities with reasonable time to respond (no less than seven (7) working days from receipt of notice). Weekends and holidays do not count toward 7 day notice. The prime contractor must keep and provide official written documentation (i.e. fax transmittals, email, correspondence, etc. to demonstrate compliance).
4. The respondent shall use the State’s Centralized Master Bidders List (CMBL), HUB Directory, Internet resources, and/or other directories as identified by the agency when searching for HUB subcontractors. Respondents may also rely on the services of minority/women and community organizations, contractor groups, local, state and federal business assistance offices in identifying qualified HUB subcontractors. Search the CMBL at: https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do.
5. Provide written justification of the selection process if a Non-HUB subcontractor is selected.
6. Encourage selected non-certified minority or woman owned business subcontractors to apply for HUB certification. If the minority or woman owned vendor is not a State certified HUB you may refer the firm to the HUB office for additional information on becoming HUB certified or the State HUB website https://www.comptroller.texas.gov/purchasing/vendor/hub/certification-process.php.
7. Provide documentation of “Good Faith Effort” with HSP.
Bid Notification - Allow a minimum of seven (7) working days from receipt of notice for the subcontractors to respond Identify the scope of work and the trades that will be subcontracted Identify a physical location to review plans/specifications Provide information about bonding and insurance requirements Identify a contact person, phone number, email, etc.
Notification to Awarded Subcontractors The successful respondent will provide notice as soon as practical to all subcontractors (HUBS and Non-HUBs) of their selection as a subcontractor for the awarded contract. The notice must specify at a minimum the contracting agency’s name, point of contact for the contract, contract award number, scope of work to be performed, approximate dollar value of the scope, and expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice must be provided to the HUB/SB Program Office ([email protected]) for the contract no later than ten (10) working days after the contract is awarded.
Changes to the Plan Once the HUB Plan has been submitted any changes to the HSP must be approved in writing by the UT Austin HUB/SB Program prior to any work commencing by the new subcontractor. Once the contract has been awarded the HSP is considered part of the contract. Violations to the HSP may be deemed a breach of contract by UT Austin.
Reporting – After Award Prime contractor payment requests shall include: the State of Texas Prime Contractor Progress Assessment Report (PAR) identifying all 1st, 2nd, and 3rd tier subcontractor payments. It is a condition of payment to report HUB subcontracting expenditures.
Exhibit H Documents: https://financials.utexas.edu/hub/forms Use only the HSP forms included on the UT Austin HUB/SB Program Office website. They contain instructions specific to UT Austin projects.
iv Use Letter of HUB Commitment for: Construction Manager at Risk (CMR) Part 1 Services
BUSINESS LETTERHEAD
Date The University of Texas at Austin HUB/SB Programs Office 1616 Guadalupe St. UTA 3.306 Austin, Texas 78701
RE: Historically Underutilized Business Plan for (Project Title): ______Project Number: ____ - ______
Dear ,
I have read and understand The University of Texas at Austin Policy on Utilization of Historically Underutilized Businesses (HUBs). In accordance with the requirements outlined in the HUB Subcontracting Plan (HSP), I am pleased to forward this HUB Subcontracting Plan as an integral part of our proposal in connection with your invitation for request for qualifications/proposals, referencing Project Number ______. .
The Good Faith Effort for Building Construction will be documented by a two (2) part HUB Subcontracting Plan (HSP) process as described in the instructions located on page ii-iii of The University of Texas Exhibit H Policy on Utilization of Historically Underutilized Businesses (HUBs).
An HSP for Part One Preconstruction Services shall consist of a Letter of HUB Commitment (page v) and the HUB Subcontracting Plan (pages 1-7) with the appropriate sections completed per the instructions located on pages ii-vii of The University of Texas Exhibit H Policy on Utilization of Historically Underutilized Businesses (HUBs) for Professional Services.
Part Two of the process will require a revised HUB Subcontracting Plan (HSP). A HUB Subcontracting Plan is required for each Bid package and at Substantial Completion of the project. Each will contain the Letter of Transmittal (page vi) and the HUB Subcontracting Plan (pages 1-7). A Good Faith Effort will be required per instructions in Attachment B (pages 6-7).
A timeline of outreach events and the revised HUB Subcontracting Plan will be submitted to the HUB/SB Program Office prior to the execution of each contract process. Documentation of subcontracted work will be provided with each pay request through the StateSAMPLE of Texas Progress Assessment Report (PAR). Sincerely,
(Respondent Print Name) (Respondent Signature)
Title cc: Contract Services v Use Letter of Transmittal for: Construction Manager at Risk (CMR) Part 2 Services
RESPONDENT’S BUSINESS LETTERHEAD
Date
The University of Texas at Austin HUB/SB Programs Office 1616 Guadalupe St. UTA 3.306 Austin,Texas 78701
RE: Historically Underutilized Business Plan for (Project Title): ______Project Number: ‐
Dear ,
In accordance with the requirements outlined in the specification section “Exhibit H – Policy on Utilization of Historically Underutilized Businesses (HUB)s,” I am pleased to forward this HUB Subcontracting Plan as an integral part of our response in connection with your invitation for Request for Proposals referencing the above project.
I have read and understand The University of Texas at Austin Policy on Utilization of Historically Underutilized Businesses (HUBs). I also understand the State of Texas Annual Procurement Goal according to 34 Texas Administrative Code Section 20.284, and the goal as stated in the Agency Special Instructions section of the HUB Subcontracting Plan, page 11. This HUB Subcontracting Plan includes (# of) Subcontracting Opportunities [refer to Section 2, page 8]. The project Base Proposal contract dollar value is $______(do not include alternates)
No. of Total Total % Minority % Woman % Service Subcontractors Subcontractors Subcontract Estimated Owned Owned Disabled $ Value HUB Veteran HUB NON‐HUB TOTAL
I understand the above HUB percentages must represent Texas Comptroller HUB certification standards. For each of the listed HUB firms, I have attached a Texas Comptroller HUB Certification document. By completion of Section B-4 of the HUB Subcontracting Plan, I affirm my intent to utilize the subcontractors selected to perform the scope of work to be subcontracted.
Should we discover additional subcontractors claiming Historically Underutilized Business status during the course of this contract we will notify youSAMPLE of the same. In addition, if for some reason a Subcontractor (HUB or Non-HUB) is unable to fulfill its contract with us, we will notify you immediately in order to take the appropriate steps to amend this contractual obligation and submit for approval, a Revised HUB Subcontractor Plan.
Sincerely,
(Respondent Print Name) (Respondent Signature)
Title cc: Contract Services vi Rev. 2/17 HUB Subcontracting Plan (HSP) In accordance with Texas Gov’t Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation). NOTE: Responses that do not include a completed HSP shall be rejected pursuant to Texas Gov’t Code §2161.252(b). The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the 2009 State of Texas Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.284 are: 11.2 percent for heavy construction other than building contracts, 21.1 percent for all building construction, including general contractors and operative builders’ contracts, 32.9 percent for all special trade construction contracts, 23.7 percent for professional services contracts, 26.0 percent for all other services contracts, and 21.1 percent for commodities contracts. - - Agency Special Instructions/Additional Requirements - -
In accordance with 34 TAC §20.285(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent’s subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a respondent uses this method to demonstrate good faith effort, the respondent must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to satisfy this requirement, only the aggregate percentage of the contracts expected to be subcontracted to HUBs with which the respondent does not have a continuous contract* in place for more than five (5) years shall qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Disparity Study.
In accordance with34 TAC §20.284(d)(1)(D)(iii),the goals below are the applicable goals for The University of Texas Austin Administration only effective September 1, 2018.
Building Construction – 21.1% See page 2-3 for HSP completion instructions Special Trade – 32.9%
Respondents shall submit a completed HUB Subcontracting Plan (HSP) to be considered responsive. Failure to submit a completed HSP shall result in the bid, proposal or other expression of interest to be considered non-responsive. Prime Contractor Progress Assessment Report (PAR) shall be submitted with each request for payment as a condition of payment. Please note that phone logs are no longer acceptable documentation of Good Faith Effort. Only fax, email, and certified letter are acceptable. Cursory reviews will be scheduled by appointment. Please contact The University of Texas at Austin HUB/SB Program Office for assistance. Seven (7) working days shall be defined as business days of The University of Texas at Austin, not including weekends or University observed holidays. The first working day shall be the day following the day that the notice was sent, and the 7th day is the day that the response is due.
SECTION 1: RESPONDENT AND REQUISITION INFORMATION
a. Respondent (Company) Name: State of Texas VID #: Point of Contact: Phone #: E-mail Address: Fax #: b. Is your company a State of Texas certified HUB? - Yes - No c. Requisition #: Bid Open Date: (mm/dd/yyyy) 1 Rev. 2/17
Enter your company’s name here: Requisition #:
SECTION 2: RESPONDENT's SUBCONTRACTING INTENTIONS After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of work to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work, including contracted staffing, goods and services will be subcontracted. Note: In accordance with 34 TAC §20.282, a “Subcontractor” means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity. a. Check the appropriate box (Yes or No) that identifies your subcontracting intentions: - Yes, I will be subcontracting portions of the contract. (If Yes, complete Item b of this SECTION and continue to Item c of this SECTION.) - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources, including employees, goods and services. (If No, continue to SECTION 3 and SECTION 4.) b. List all the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).
HUBs Non-HUBs
Percentage of the contract Percentage of the contract Item # Subcontracting Opportunity Description expected to be subcontracted to expected to be subcontracted to Percentage of the contract HUBs with which you do not have HUBs with which you have a expected to be subcontracted a continuous contract* in place continuous contract* in place for to non-HUBs. for more than five (5) years. more than five (5) years. 1 % % % 2 % % % 3 % % % 4 % % % 5 % % % 6 % % % 7 % % % 8 % % % 9 % % % 10 % % % 11 % % % 12 % % % 13 % % % 14 % % % 15 % % %
Aggregate percentages of the contract expected to be subcontracted: % % % c. Check the appropriate box (Yes or No) that indicates whether you will be using only Texas certified HUBs to perform all of the subcontracting opportunities you listed in SECTION 2, Item b.
- Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.) - No (If No, continue to Item d, of this SECTION.) d. Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract with Texas certified HUBs with which you do not have a continuous contract* in place with for more than five (5) years, meets or exceeds the HUB goal the contracting agency identified on page 1 in the “Agency Special Instructions/Additional Requirements.” - Yes (If Yes, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed.) - No (If No, continue to SECTION 4 and complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed.)
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.
2 Rev. 2/17
Enter your company’s name here: Requisition #:
SECTION 2: RESPONDENT's SUBCONTRACTING INTENTIONS (CONTINUATION SHEET) This page can be used as a continuation sheet to the HSP Form’s page 2, Section 2, Item b. Continue listing the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).
HUBs Non-HUBs
Percentage of the contract Percentage of the contract Item # Subcontracting Opportunity Description expected to be subcontracted to expected to be subcontracted to HUBs with which you do not have HUBs with which you have a Percentage of the contract a continuous contract* in place continuous contract* in place for expected to be for more than five (5) years. more than five (5) years. subcontracted to non-HUBs.
16 % % % 17 % % % 18 % % % 19 % % % 20 % % % 21 % % % 22 % % % 23 % % % 24 % % % 25 % % % 26 % % % 27 % % % 28 % % % 29 % % % 30 % % % 31 % % % 32 % % % 33 % % % 34 % % % 35 % % % 36 % % % 37 % % % 38 % % % 39 % % % 40 % % % 41 % % % 42 % % % 43 % % %
Aggregate percentages of the contract expected to be subcontracted: % % %
*Continuous Contract: Any existing written agreement (including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract is not relevant to whether the contract is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) into “new” contracts.
HSP – SECTION 2 (Continuation Sheet) Rev. 2/17
Enter your company’s name here: Requisition #:
SECTION 3: SELF PERFORMING JUSTIFICATION (If you responded “No” to SECTION 2, Item a, you must complete this SECTION and continue to SECTION 4.) If you responded “No” to SECTION 2, Item a, in the space provided below explain how your company will perform the entire contract with its own employees, supplies, materials and/or equipment.
SECTION 4: AFFIRMATION As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the HSP is true and correct. Respondent understands and agrees that, if awarded any portion of the requisition: The respondent will provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor for the awarded contract. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded. The respondent must submit monthly compliance reports (Prime Contractor Progress Assessment Report – PAR) to the contracting agency, verifying its compliance with the HSP, including the use of and expenditures made to its subcontractors (HUBs and Non-HUBs). (The PAR is available at https://financials.utexas.edu/hub/forms). The respondent must seek approval from the contracting agency prior to making any modifications to its HSP, including the hiring of additional or different subcontractors and the termination of a subcontractor the respondent identified in its HSP. If the HSP is modified without the contracting agency’s prior approval, respondent may be subject to any and all enforcement remedies available under the contract or otherwise available by law, up to and including debarment from all state contracting. The respondent must, upon request, allow the contracting agency to perform on-site reviews of the company’s headquarters and/or work-site where services are being performed and must provide documentation regarding staffing and other resources.
Signature Printed Name Title Date (mm/dd/yyyy) Reminder: If you responded “Yes” to SECTION 2, Items c or d, you must complete an “HSP Good Faith Effort - Method A (Attachment A)” for each of the subcontracting opportunities you listed in SECTION 2, Item b. If you responded “No” SECTION 2, Items c and d, you must complete an “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b. 3 HSP Good Faith Effort - Method B (Attachment B) Rev. 2/17
Enter your company’s name here: Requisition #:
IMPORTANT: If you responded “No” to SECTION 2, Items c and d of the completed HSP form, you must submit a completed “HSP Good Faith Effort - Method B (Attachment B)” for each of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may print this page or download the fillable form at https://comptroller.texas.gov/purchasing/vendor/hub/forms.php.
SECTION B-1: SUBCONTRACTING OPPORTUNITY Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment.
Item Number: Description:
SECTION B-2: MENTOR PROTÉGÉ PROGRAM If respondent is participating as a Mentor in a State of Texas Mentor Protégé Program, submitting its Protégé (Protégé must be a State of Texas certified HUB) as a subcontractor to perform the subcontracting opportunity listed in SECTION B-1, constitutes a good-faith effort to subcontract with a Texas certified HUB towards that specific portion of work. Check the appropriate box (Yes or No) that indicates whether you will be subcontracting the portion of work you listed in SECTION B-1 to your Protégé. - Yes (If Yes, continue to SECTION B-4.) - No / Not Applicable (If No or Not Applicable, continue to SECTION B-3 and SECTION B-4.)
SECTION B-3: NOTIFICATION OF SUBCONTRACTING OPPORTUNITY When completing this section you MUST comply with items a , b, c and d, thereby demonstrating your Good Faith Effort of having notified Texas certified HUBs and trade organizations or development centers about the subcontracting opportunity you listed in SECTION B-1. Your notice should include the scope of work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person. When sending notice of your subcontracting opportunity, you are encouraged to use the attached HUB Subcontracting Opportunity Notice form (pg. 8). Retain supporting documentation (i.e., certified letter, fax, e-mail) demonstrating evidence of your good-faith effort to notify the Texas certified HUBs and trade organizations or development centers. Also, be mindful that a working day is considered a normal business day of a state agency, not including weekends, federal or state holidays, or days the agency is declared closed by its executive officer. The initial day the subcontracting opportunity notice is sent/provided to the HUBs and to the trade organizations or development centers is considered to be “day zero” and does not count as one of the seven (7) working days. a. Provide written notification of the subcontracting opportunity you listed in SECTION B-1, to three (3) or more Texas certified HUBs. Unless the contracting agency specified a different time period, you must allow the HUBs at least seven (7) working days to respond to the notice prior to you submitting your bid response to the contracting agency. When searching for Texas certified HUBs and verifying their HUB status, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. HUB status code “A” signifies that the company is a Texas certified HUB. b. List the three (3) Texas certified HUBs you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the company’s Texas Vendor Identification (VID) Number, the date you sent notice to that company, and indicate whether it was responsive or non-responsive to your subcontracting opportunity notice. Texas VID Date Notice Sent Company Name Did the HUB Respond? (Do not enter Social Security Numbers.) (mm/dd/yyyy) - Yes - No
- Yes - No
- Yes - No c. Provide written notification of the subcontracting opportunity you listed in SECTION B-1 to two (2) or more trade organizations or development centers in Texas to assist in identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. Unless the contracting agency specified a different time period, you must provide your subcontracting opportunity notice to trade organizations or development centers at least seven (7) working days prior to submitting your bid response to the contracting agency. A list of trade organizations and development centers that have expressed an interest in receiving notices of subcontracting opportunities is available on the Statewide HUB Program’s webpage at https://comptroller.texas.gov/purchasing/vendor/hub/resources.php. d. List two (2) trade organizations or development centers you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the date when you sent notice to it and indicate if it accepted or rejected your notice.
Date Notice Sent Trade Organizations or Development Centers Was the Notice Accepted? (mm/dd/yyyy)
- Yes - No
- Yes - No
Page 1 of 2 (Attachment B) HSP Good Faith Effort - Method B (Attachment B) Cont. Rev. 2/17
Enter your company’s name here: Requisition #:
SECTION B-4: SUBCONTRACTOR SELECTION Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b, of the completed HSP form for which you are completing the attachment. a. Enter the item number and description of the subcontracting opportunity for which you are completing this Attachment B continuation page. Item Number: Description: b. List the subcontractor(s) you selected to perform the subcontracting opportunity you listed in SECTION B-1. Also identify whether they are a Texas certified HUB and their Texas Vendor Identification (VID) Number or federal Employer Identification Number (EIN), the approximate dollar value of the work to be subcontracted, and the expected percentage of work to be subcontracted. When searching for Texas certified HUBs and verifying their HUB status, ensure that you use the State of Texas’ Centralized Master Bidders List (CMBL) - Historically Underutilized Business (HUB) Directory Search located at http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. HUB status code “A” signifies that the company is a Texas certified HUB.
Texas VID or federal EIN Approximate Expected Texas certified HUB Do not enter Social Security Numbers. Company Name Dollar Amount Percentage of If you do not know their VID / EIN, leave their VID / EIN field blank. Contract - Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
- Yes - No $ %
c. If any of the subcontractors you have selected to perform the subcontracting opportunity you listed in SECTION B-1 is not a Texas certified HUB, provide written justification for your selection process (attach additional page if necessary):
REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency’s name and its point of contact for the contract, the contract award number, the subcontracting opportunity it (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency’s point of contact for the contract no later than ten (10) working days after the contract is awarded. Page 2 of 2 (Attachment B) Rev. 2/17 HUB Subcontracting Opportunity Notification Form
In accordance with Texas Gov’t Code, Chapter 2161, each state agency that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. The state agency I have identified below in Section B has determined that subcontracting opportunities are probable under the requisition to which my company will be responding.
34 Texas Administrative Code, §20.285 requires all respondents (prime contractors) bidding on the contract to provide notice of each of their subcontracting opportunities to at least three (3) Texas certified HUBs (who work within the respective industry applicable to the subcontracting opportunity), and allow the HUBs at least seven (7) working days to respond to the notice prior to the respondent submitting its bid response to the contracting agency. In addition, at least seven (7) working days prior to submitting its bid response to the contracting agency, the respondent must provide notice of each of its subcontracting opportunities to two (2) or more trade organizations or development centers (in Texas) that serves members of groups (i.e., Asian Pacific American, Black American, Hispanic American, Native American, Woman, Service-Disabled Veteran) identified in Texas Administrative Code §20.282(19)(C). We respectfully request that vendors interested in bidding on the subcontracting opportunity scope of work identified in Section C, Item 2, reply no later than the date and time identified in Section C, Item 1. Submit your response to the point-of-contact referenced in Section A.
SECTION A: PRIME CONTRACTOR’S INFORMATION Company Name: State of Texas VID #: Point-of-Contact: Phone #: E-mail Address: Fax #:
SECTION B: CONTRACTING STATE AGENCY AND REQUISITION INFORMATION
Agency Name: Point-of-Contact: Phone #: Requisition #: Bid Open Date: (mm/dd/yyyy)
SECTION C: SUBCONTRACTING OPPORTUNITY RESPONSE DUE DATE, DESCRIPTION, REQUIREMENTS AND RELATED INFORMATION 1. Potential Subcontractor’s Bid Response Due Date: If you would like for our company to consider your company’s bid for the subcontracting opportunity identified below in Item 2,
we must receive your bid response no later than on . Central Time Date (mm/dd/yyyy)
In accordance with 34 TAC §20.285, each notice of subcontracting opportunity shall be provided to at least three (3) Texas certified HUBs, and allow the HUBs at least seven (7) working days to respond to the notice prior to submitting our bid response to the contracting agency. In addition, at least seven (7) working days prior to us submitting our bid response to the contracting agency, we must provide notice of each of our subcontracting opportunities to two (2) or more trade organizations or development centers (in Texas) that serves members of groups (i.e., Asian Pacific American, Black American, Hispanic American, Native American, Woman, Service Disabled Veteran) identified in Texas Administrative Code, §20.282(19)(C).
(A working day is considered a normal business day of a state agency, not including weekends, federal or state holidays, or days the agency is declared closed by its executive officer. The initial day the subcontracting opportunity notice is sent/provided to the HUBs and to the trade organizations or development centers is considered to be “day zero” and does not count as one of the seven (7) working days.)
2. Subcontracting Opportunity Scope of Work:
3. Required Qualifications: - Not Applicable
4. Bonding/Insurance Requirements: - Not Applicable
5. Location to review plans/specifications: - Not Applicable
8 The University of Texas at Austin - HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report This form must be completed and submitted to the contracting agency each month to document compliance with your HSP.
Contract/Requisition Number: Date of Award: Object Code: (mm/dd/yyyy) (Agency Use Only)
Contracting Agency/University Name:
Contractor (Company) Name: State of Texas VID #:
Point of Contact: Phone #: Email:
Reporting (Month) Period: Total Amount Paid this Reporting Period to Contractor: $
Report HUB and Non-HUB subcontractor information Texas Subcontractor’s VID or Certified Total Contract $ Total $ Amount Paid Total Contract $ Subcontractor’s Name HUB Certificate Number HUB? Amount from HSP This Reporting Period Amount Paid to Date Object Code (if Non- HUB, leave blank) (Yes or No) with Subcontractor to Subcontractor to Subcontractor (Agency Use Only) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ TOTALS: $ $ $
Signature: Title: Date:
Printed Name: Phone #: Email:
PAR Form - UT Austin (rev.09.21.20) The University of Texas at Austin Project Management and Construction Services Hogg Memorial Auditorium 100% SCHEMATIC DESIGN BOOK CP685851
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ii HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN TABLE OF CONTENTS
Acknowledgments 1-1 The University of Texas at Austin 1-2 Design Team 1-3
Program Summary 2-1 Scope 2-3 Project Objectives 2-3 Data Collection 2-4 LEED Certification Feasibility 2-4 Systems Assessment 2-4 Scope Recommendations 2-5 Interior Photographs 2-6 Site Access During Construction 2-8 Construction Fencing 2-9
Code Compliance 3-1 Life Safety 3-3 Accessibility 3-5
Narrative Assessment 4-1 Architecture 4-3 Theater 4-11 Mechanical 4-15 Electrical 4-16 Plumbing 4-17 Structural 4-18 Civil 4-20 Communications 4-24 Security 4-29 Audio Visual 4-31 Acoustics 4-34
Project Specifications 5-1 Table of Contents 5-3
Basic Data Form 6-1 Owner’s Design Guidelines, Appendix L, Attachment B 6-3
LEED Strategy & Checklist 7-1 LEED Strategy Narrative 7-3 Summary Checklist 7-4 Expanded Checklist 7-6
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ii HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN ACKNOWLEDGMENTS 1
SCHEMATIC DESIGN BOOK Acknowledgments • May 2020 1-1 The University of Texas at Austin The following individuals played an integral role in the planning process for the Hogg Memorial Auditorium Major Renovation at the University of Texas at Austin, most importantly, participating in stakeholder interview discussions to understand project scope and needs.
University Unions Environmental Health & Safety Mulugeta Ferede Executive Director Andrea McNair Associate Director Claudette Campbell Assistant Director for Operations James Wichman Senior Asbestos Program Coordinator James Buckley Director of Facilities & Operations Alexandra Garcia Senior Events Manager Facilities Operations & Maintenance Gary Stackhouse Events Manager Zachary Adcock Manager, Facilities Maintenance Joe Gonzales Building Services Supervisor Scott Griffin Associate Director Dwight Monteith Technical Director Wesley Barnett Mechanical / Technical Supervisor Facilities Services Andrew Millay Assistant Technical Director Bridget Blizzard Interim Director Sally Moore Associate Director Office of the Vice President for Student Affairs James Carse Manager, Landscape Services Soncia Reagins-Lilly Vice President & Dean of Students Lisa Lennon Landscape Architect Jim Adkins Finance & Human Resources Director Robert Moddrell Resource Recovery Manager
Project Management & Construction Services Fire Prevention Services Hirokazu Horikoshi Project Manager Ray Battalora Engineer Jose Campuzano Project Manager David Madole Senior Fire Protection Specialist Nicholas Thompson Project Manager David Kruse Construction Inspector Information Technology Services Richard Costa Construction Services Steven Longuil Coordinator
Campus Safety & Security Utilities & Energy Management Jonathan Robb Director Leonard Friesenhahn Mechanical Distribution - Assoc. Director Rossen Tzartzev Electrical Distribution - Assoc. Director
1-2 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Design Team The individuals below were involved in creating the information set forth in this document, as well as authoring diagrams and narratives illustrating the program elements.
Jacobs - Prime, Civil & MEP DataCom Design Group - AudioVisual / IT / Acoustics Dan Alexander Project Director Adam Dickerson Project Manager, Telecom Designer Amy Ruffino Project Manager Regina Herry Senior AudioVisual Design Consultant John Stump Assistant Project Manager Kane Kelly Acoustics Consultant Waylon Sodd MEP Lead Roy Stewart Security Consultant Brody Knudtson Mechanical Engineer Idibri - Theater Design Hebert Odhiambo Mechanical Engineer Robert Rose Vice President, Senior Consultant Michael Neatherlin Electrical Engineer David Stephens Vice President, Senior Consultant Nicholas Riley Electrical Engineer Chris Phillips Plumbing Engineer Lonestar Environmental - Hazardous Materials Kevin Hunt Civil Engineer Tonya Bosher President
McKinney York Architects - Architecture Project Cost Resources - Cost Estimator Michelle Rossomando Principal Greg Edwards Vice President Andrew Green Architect Josh Leger Architect
Architectural Engineers Collaborative - Structural Karina Tribble Principal, Structural Engineer Guillermo Palacios Engineer
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1-4 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN PROGRAM SUMMARY 2
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2-2 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN SCOPE PROJECT OBJECTIVES Hogg Memorial Auditorium (HMA), built in 1932 by University Architect The University has prioritized repairs to first focus on those areas Paul Cret, consists of approximately 25,000 square feet of seating, front that violate code and life safety requirements, followed by systems of house public areas, and back of house support. Minor renovations replacement, general interior – including theater-related elements - have occurred, but the building’s primary uses and function have and exterior needs. Below is a list highlighting priority objectives of not changed. In recent years, HMA has served as a venue for larger this major renovation. University functions such as esteemed speakers, performances, new Code Compliance student orientation, final exams, and graduation. • To perform supplemental hazardous material sampling to compile This study will assist The University in determining appropriate a comprehensive understanding of the building condition upgrades to implement and return the building to full functionality as a student-centric performance venue for the next 25 years. • To address safety issues in existing electrical room and bring up to campus standards The project team was charged with three tasks documented herein: • To rebuild landings and handrails where deficient at exterior 1. Assess current building conditions entrances 2. Understand program needs • To add additional water closets and lavatories to comply with 3. Propose renovation strategy minimum plumbing fixture count requirements The project team performed a visual, minimally intrusive survey • To provide ADA compliant access to the stage of the Hogg Memorial Auditorium in order to identify deficiencies in the building systems and code compliance. In addition to field Functional investigations, the design team also reviewed record drawings and previous design studies, coordinated testing, researched building • To replace aged mechanical and electrical equipment systems and interviewed key facility personnel. • To relocate and replace line arrays in theater • To provide infrastructure to support future technology • To achieve LEED Certification under v4 for Operations & Maintenance: Existing Buildings
Economic • To work within the established Construction Cost Limitation • To address code violations as a first priority
Form • To replace soft goods in theater to improve acoustics and address age of finishes • To provide dedicated drop-off area on the East side for visitors with limited mobility
Image 1-3
SCHEMATIC DESIGN BOOK Program Summary • May 2020 2-3 DATA COLLECTION SYSTEMS ASSESSMENT
A series of five stakeholder interview meetings was led by the design Mechanical team between November 12 and 14. The following campus stakeholder All HVAC equipment serving HMA is well beyond its useful life and groups were represented: should be replaced. The piping and duct insulation is deteriorating, allowing moisture migration and further deterioration. Asbestos • University Unions (UU) is present in much of the insulation and mastic materials based • Project Management and Construction Services (PMCS) on previous testing (Ref. Terracon Asbestos and Lead-Based Paint • Campus Safety and Security (CSS) Inspection, Dec 17, 2007). • Division of Diversity and Community Engagement (DDCE) Electrical • Environmental Health and Safety (EH&S) The existing transformer vault houses a 300 kVA, 4160 V primary, • Facilities Operations and Maintenance (FOM) 208Y/120V secondary transformer. The transformer vault has been • Facilities Services (FS) deemed unsafe to enter by University of Texas personnel due to • Fire Prevention Services (FPS) transformer having exposed live parts and old load interrupter switches. • Information Technology Services (ITS) • Utilities and Energy Management (UEM) The lighting in the building is old and uses fluorescent fixtures. There is not any lighting control in the building other than manual on/off light The goal of these sessions was to collect information on the existing switches. Refer to Narratives Assessment Chapter. condition concerns from various points of view. Refer to Program BACK OF HOUSE (BOH) FRONT OF HOUSE (FOH) Assessment Report issued in February 2020. Level 1 Floor Plan - Existing LEED CERTIFICATION FEASIBILITY Based on the project scope and building type, the HMA Major Renovation project would be eligible to achieve LEED certification through the Operations + Maintenance v4.1 for Existing Buildings (LEED EB: O+M). Based on our preliminary assessment, it would be possible to achieve LEED Certified within the scope of the Major Renovation without significant budget increase. STAGE AUDITORIUM Refer to LEED Strategy & Checklist Chapter for a breakdown of achieving LEED certification within this project scope.
STAGE LIFT
STORAGE DRESSING ROOM RESTROOM VESTIBULE
STORAGE STAIR
1301 east seventh street austin, texas 78702 MAJOR RENOVATION ph 512 476 0201 HOGG MEMORIAL AUDITORIUM McKINNEY YORK fx 512 476 0216 architects www.mckinneyyork.com CP685851
Level 1 Floor Plan - Proposed Back of House
2-4 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN SCOPE RECOMMENDATIONS Proposed renovations reduce the overall seat count in the auditorium in N order to comply with accessibility and plumbing fixture requirements. 1301 east seventh street MAJOR RENOVATION Michelle Rossomando LEVEL 1, LOBBY austin, texas 78702 Texas Registration #18005 PROPOSED LAYOUT ph 512 476 0201 These documents are incomplete HOGG MEMORIAL AUDITORIUM (HMA) Date: 01/15/20 McKINNEY YORK fx 512 476 0216 and may not be used for regulatory Scale: 1/8" = 1'-0" 389 BALCONY FIXED SEATS architects www.mckinneyyork.com 389 BALCONYCP685851 FIXED SEATS approval, permit, or construction. Level 1 Floor Plan - Proposed RestroomsProject Number: 1752 617 LEVEL 1 FIXED SEATS 559 LEVEL 1 FIXED SEATS 1006 SUBTOTAL FIXED SEATS 948 SUBTOTAL FIXED SEATS 10 # OF WHEELCHAIR SPACES REQUIRED 9 # OF WHEELCHAIR SPACES REQUIRED STAIR 10 # OF COMPANION SEATS REQUIRED 9 # OF COMPANION SEATS REQUIRED
JANITOR 1026 TOTAL TICKETED CAPACITY 967 TOTAL TICKETEDRESTROOM CAPACITY 25 STAFF ALLOTMENT 25 STAFF ALLOTMENT 1051 TOTAL OCCUPANTS (F.O.H.) 992 TOTAL OCCUPANTS (F.O.H.) ACCESSIBLE OFFICE 14 WC REQUIRED 12 WC REQUIREDSEATING
LINE OF MEZZANINE ABOVE
RESTROOM
MIXING BOOTH LOBBY VESTIBULE
RESTROOM
BIO STORAGE
ACCESSIBLE SEATING OFFICE
RESTROOM STAIR
27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 27 26 25 24 23 22 21 20 19 18 17 16 15 14 13 12 11 10 9 8 7 6 5 4 3 2 1
LOBBY STAIR HMA DROP-OFF ZONE 1301 east seventh street MAJOR RENOVATIO austin, texas 78702 ph 512 476 0201 HOGG MEMORIAL AUD fx 512 476 0216 www.mckinneyyork.com
Michelle Rossomando LEVEL 1 Texas Registration #18005 EXISTING LAYOUT These documents are incomplete (HMA) Date: 01/15/20 and may not be used for regulatory Scale: 1/16" = 1'-0" approval, permit, or construction. Project Number: 1752
Proposed Site Plan
SCHEMATIC DESIGN BOOK Program Summary • May 2020 2-5 FAC
N INTERIOR PHOTOGRAPHS
Image 2-6a
BACK OF HOUSE (BOH) FRONT OF HOUSE (FOH)
Image 2-6b (Below stage)
STAGE AUDITO
1301 east seventh street austin, texas 78702 MAJOR RENOVAT ph 512 476 0201 c HOGG MEMORIAL AUDITO Image 2-6c M KINNEY YORK fx 512 476 0216 architects www.mckinneyyork.com CP685851 Image 2-6d (Below stage)
2-6 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN N
Image 2-7a
Image 2-7b
Image 2-7c ORIUM LOBBY
Image 2-7d
TION Michelle Rossomando LEVEL 1 Texas Registration #18005 EXISTING LAYOUT These documents are incomplete ORIUM (HMA) Date: 01/15/20 and may not be used for regulatory Scale: 1/16" = 1'-0" Image 2-7f approval,Image permit, 2-7e or construction. Project Number: 1752
SCHEMATIC DESIGN BOOK Program Summary • May 2020 2-7 SITE ACCESS DURING CONSTRUCTION
The site sits in the center of the campus core and is difficult for Most construction managers that have done any significant work at vehicle access. During the construction phase, some concessions must UT understand this issue and are accustomed to working around these be made to allow large trucks to deliver equipment or to pick up obstacles with early deliveries, off-hour pick-ups and weekend work. dumpsters or demolished materials. Several flagmen will be required during the construction phase to ensure that safe construction practices are followed and that vehicles It is possible to follow the current vehicular flow on 24th Street past are allowed to navigate the site area. the Security Booth and turning left on University and taking a right at the Turtle Pond, proceed to HMA. One concern with this sequence The University should be prepared for significant disruptions during is the left turn at University between Biology and Painter will be a the construction phase of HMA that will require prior discussions difficult turn to navigate with a large truck. Secondly, the right turn about safety, communication, circulation, and logistics. at the Turtle Pond is on the north side of the Main Building and it is highly probable that some disruption to parking and vehicle access could occur at this area. Leaving HMA is equally challenging since the road back to 24th Street (east of Battle Oaks and the Barbara Jordan statue) is narrow, curved and usually has visitors to the Main Building frequently parked on it. The final concern is the inter-mingling of construction with students. HMA sits at the nexus of students arriving from west and north campus housing or academic facilities and headed to core campus locations. The parking area outside of HMA is usually very crowded with pedestrians.
CONSTRUCTION TRUCK ACCESS
AREA OF WORK
Figure 2-8: Construction Truck Access Map
2-8 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN CONSTRUCTION FENCING AREA
HMA will require a fenced area around the building to protect the public and those working in the facility during construction. Specific areas of concern are: • East (front) of HMA. There is an areaway outside the main entrance to HMA that has removable concrete panels the provide access to the mechanical and electrical rooms below. These spaces will be gutted and new equipment added. This must mean that all handicap parking spaces in front of the building must be relocated to allow space for security fencing and access to the areaway. Flagmen should be positioned here to ensure that there is not conflict between pedestrians and construction trucks or lifts. • South side of HMA between FAC and UNB - the parking area adjacent HMA will most likely be used as a staging area for deliveries and the location for the dumpster during demolition and construction. Any roof work will be staged from this area. The area near FAC and UNB should not be impacted by this use, however the existing drive will be used frequently for trucks. Flagmen should be positioned here to ensure that there is not conflict between pedestrians and construction trucks or lifts. • West and North side of HMA will require perimeter fencing that provides access around the building within the construction zone but keeps pedestrians safe. A covered walkway will be required on the West side of HMA. The perimeter fence on the North side of HMA will be relocated further west to maintain an acceptable buffer for pedestrians and to help route them in front of the building. As is true for most UT projects, significant communication between Parking & Transportation, Campus Safety & Security, PMCS, users and the project team and construction manager must occur to ensure that a safe, secure and well-functioning job site is created and maintained.
SCHEMATIC DESIGN BOOK Schematic Floor Plans • May 2020 2-9 This page is intentionally left blank.
2-10 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN CODE COMPLIANCE 3
SCHEMATIC DESIGN BOOK Code Compliance • May 2020 3-1 This page is intentionally left blank.
3-2 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN APPLICABLE CODES The State Fire Marshall is the code authority having jurisdiction (AHJ) for all issues pertaining to NFPA 101 Life Safety Codes. Fire Prevention Services (FPS) is the code authority having jurisdiction (AHJ) for U.T. System construction projects located on land owned by the state for all life safety issues, including fire life safety. Waymon Jackson, Fire Marshal and Director of (FPS) for the University of Texas at Austin is the primary contact for Fire Marshal inquiries. The project codes and standards applicable to this project include: • National Fire Protection Association (NFPA) 101 Life Safey Code – 2018 Edition • International Building Code – 2018 Edition • International Existing Building Code – 2018 Edition • International Fire Code - 2015 Edition (with Austin Amendments) • UT Austin Design and Construction Standards
To easily differentiate between the various code violation conditions, refer to the key below to categorize each item: • Existing deficiencies that the proposed scope of the major renovation will bring into compliance • Proposed means of addressing existing deficiencies which require interpretation of the code • FPS Response to proposed interpretations of the code
• Ongoing issue that has not yet been resolved
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SCHEMATIC DESIGN BOOK Code Compliance • May 2020 3-3 EXISTING BUILDING INFORMATION Occupancy Classification: Assembly A-1 ◦◦ Per IBC 505.2.1, an enclosed portion of a room shall not be included in a determination of the floor area of the room in Construction Type: VB, Sprinklered which the mezzanine is located. IEBC 701.2 Indicates that an • The vast majority of the existing structural elements, exterior existing building or portion thereof shall not be altered such that walls, and interior walls are constructed of noncombustible the building becomes less safe than its existing condition. The materials (steel, concrete, masonry) which exceeds the proposed renovation encloses an additional 240 square feet of requirements for a Type V building and might suggest the the auditorium for use as restrooms and reduces the auditorium building be classified as Type II-B; however, the combustible wood occupant load by approximately 150 persons. construction at the roof monitor and attic is non-compliant with ◦◦ While the additional enclosed space reduces the allowable Type II construction. As a Type V-B building, structural elements, mezzanine area by 80 square feet, the degree of safety in the exterior walls and interior walls are permitted to be of any existing building is improved. materials permitted by code. • FPS agrees (email 01/28/2020) • FPS agrees (email 01/28/2020) ◦◦ Back of house rooms and platforms stacked on either side of the Required Fire Resistance Ratings: None stage were originally designed as dressing rooms but are now Allowable Building Height: 60 feet used for storerooms, electrical rooms and store stage accessory equipment (lights, harnesses, etc.). These rooms are sprinklered. • Existing Building Height: 58 feet from average inferred grade Removal of the toilets at each room is proposed within the scope plane to the average height of the highest roof surface. Note, of this project. LSC and IEBC do not have any requirements for the roof monitor has been excluded per IBC 504.3. fire separation of stage accessory rooms in existing construction; Allowable Building Area per Story: 17,187 sf however, replacement of existing door assemblies with 1-hour fire resistance rated door assemblies as is required by IBC 410.4 • Level 1 has the largest area with an existing area of 12,230 sf and LSC 12.4.6.4 for stage accessory rooms in new construction Automatic Fire Sprinkler Systems: Yes is proposed within the scope of this project. Based on non- destructive review, it is believed that the existing masonry walls Total Building Occupants: 1,290 Existing; ±1,120 Proposed and existing concrete floors in combination with the new door • LSC 13.1.6 permits assembly of any occupant load at the Level assemblies will provide a 1-hour fire-resistance rated separation of Exit Discharge and an occupant load of 300 or less at one story between these rooms and the stage. The design team proposes above the Level of Exit Discharge. The balcony seating is classified these storage/electrical rooms not be considered stories. as a mezzanine and therefore is counted within the occupant load • FPS agrees with the proposed classification of the building at the Level of Exit Discharge. construction as a Type V-B, single story building with mezzanine Allowable Number of Stories Above Grade Plane: 2 and back of house stage accessory storage rooms that are not considered stories (email 01/28/2020). • The existing building has one story, where the balcony seating, balcony lobby and projection booth are considered a mezzanine and back of house storage/electrical rooms above stage level are not considered stories. ◦◦ LSC and IEBC do not limit the allowable area of a mezzanine for existing buildings. For new construction, IBC 506.2.1 limits the aggregate area of a mezzanine or mezzanines to no more than one-third the floor area of the room or space in which they are located. The area of the room or space in which the mezzanine is located (auditorium + stage) is 9,300 square feet; therefore, the allowable area for a mezzanine is 3,100 square feet. The area of the mezzanine (balcony seating + balcony lobby + projection booth) is 3,990 square feet, which exceeds the allowable area for new construction by 890 square feet.
3-4 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN SUMMARY OF LIFE SAFETY DEFICIENCIES Hogg Memorial Auditorium (HMA) has been extensively studied over Previous reports applicable to this project include: the past 12 years. This report relies upon the previously performed • 2007 Fire Safety Inspection by the State Fire Marshal's Office code studies indicated to the right. • 2007 Programming Report by 3D/International The design team has reviewed these studies and provided a summary • 2008 Life Safety Assessment Report by Schirmer Engineering of items identified therein along with an understanding of the current status for each item. Several of the items identified below were • 2013 Assessment Report by Jacobs Engineering Group triggered by work proposed as part of a previous addition/renovation • 2016 HMA System Detail Report by VFA, Inc. that was never realized and are therefore not applicable to this project. • 2017 Inspection Report by UT Fire Prevention Services. A code analysis summary and egress diagrams for the proposed project It is the intent of the design team to address all code-required life are included within the Architectural drawing package. safety deficiencies listed below within the renovation. The pages following this summary give an in-depth analysis of each item below. Existing Nonconforming Conditions There is no fire-resistive separation between the basement and Level 1 at Stairs 3 & 4. *It is the intent of the design team to address all code-required life safety deficiencies listed below within the scope of the proposed renovation. Existing open guards at Stairs 3 & 4 permit passage of a 15-inch diameter sphere. Existing glazing in entry vestibule doors is not labeled as safety glass A drop-off exceeding 30” exists in Stair 3 at room 311. Existing ceiling tiles in Level 1 Lobby are nonconforming with the Lobby requirement for Class A or Class B interior ceiling fnish materials. Stairs Abrasive nosings on most stair treads are worn or nonexistent. Slope of side aisles in auditorium exceeding 1:12 without handrails The 12-inch diameter hole at the basement exterior stair landing is is nonconforming. nonconforming. Seating aisle accessways are nonconforming. Various stair handrails are loose and/or nonconforming heights. Unprotected openings, doors, and penetrations in the fire-resistance Egress doors lack appropriate landings. rated construction of the proscenium wall is nonconforming. Curtains across the means of egress are nonconforming Egress doors do not have panic hardware on both leafs. Exterior egress doors in Vestibule 122 & Vestibule 127 do not have Single leaf does not provide 32 inches of clear width. exit signs. Doors Electrical Room 213 door lacks panic hardware.
Auditorium Balcony front row guard at aisles is nonconforming. Mechanical room door lacks fre rated label. Emergency Lighting at south wall of balcony seating is insufficient Transformer Vault door lacks panic hardware. Balcony seating aisles are insuffciently marked as a means of egress. Fall protection at roof is nonconforming. Handrails are not provided for stepped aisles at balcony seating
Roof Existing structural roof framing within 20’ of the foor below does not Balcony vomitory steps have insufficient exit capacity. have freproofng. Rooms adjacent to stage are not separated from stage with 1-hr fire- Handrails are not provided at all exterior steps. resistance rated construction Fire lane on south edge of building exceeds 150’ and has no Single means of egress from the grid is nonconforming. turnaround. Stage Exterior Stage Construction Loading dock lacks the required guardrails/handrails. Smoke detection systems need to be installed or upgraded in Combustible construction in the attic is nonconforming. vomitory storage rooms, mechanical room, and transformer vault.
Attic Single means of egress via wood ladder at attic catwalk is not The plenum is not currently sprinklered below auditorium seating. compliant. Combustible material stored in mechanical room is nonconforming. The balcony vomitory storage rooms are not currently sprinklered.
Mech. Automatic smoke control system above stage not provided.
Single means of egress is nonconforming. Systems & Smoke Fire
SCHEMATIC DESIGN BOOK Code Compliance • May 2020 3-5 Entry Vestibule Existing glazing in doors is not labeled as safety glass. • It is understood that this condition remains unresolved. • Removal of doors per IBC 2406.1 is proposed within the scope of this project.
Level 1 Lobby Existing ceiling tiles are nonconforming with the requirement for Class A or Class B interior ceiling finish materials. • It is understood that this condition remains unresolved. • Replacement is proposed within the scope of this renovation.
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3-6 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Auditorium Unprotected openings, doors, and penetrations in the fire-resistance rated Slope of side aisles exceeding 1:12 without handrails is nonconforming. construction of the proscenium wall is nonconforming. • It is understood that this condition remains unresolved. • This condition remains unresolved. • Addition of handrails on one side of the north and south aisles • LSC 13.4.6.6 has no requirements for existing assembly where slope exceeds 1:12 per LSC 13.2.5.6.9 is proposed within occupancies. IBC 410.2.4 and LSC 12.4.6.6 require proscenium the scope of this renovation. walls in new construction have a 2-hour fire-resistance rating continuous from foundation to roof. LSC 13.1.1.4.5 indicates • Seating aisle accessways are nonconforming. existing portions of the structure shall not be required to be modified provided the new construction has not diminished the • It has been confirmed that the existing seating does not have the fire safety features of the facility. required minimum 12” clearance when the seats are in the down position. The minimum required clearance is provided when the • New openings shall have 2-hour fire-resistance rated door seats are in the up position; however, the seats do not have self- assemblies and new and existing penetrations shall receive 2-hour rising seat mechanisms so the condition remains nonconforming. firestopping. In addition, replacement of existing doors in the proscenium wall with 2-hour fire-resistance rated door assemblies • Replacement of the seats to include self-rising mechanisms and is proposed within the scope of this project which exceeds the compliant tablet arms per LSC 13.2.5.5.1(2) and IBC 1029.13.2 requirements of LSC and IEBC; however, a continuous 2-hour fire- in order to provide the required 12” minimum aisle accessway per resistant rated separation at the proscenium wall from foundation LSC 13.2.5.5.2 is proposed within the scope of this project. to roof is neither proposed nor required. • FPS concurs with the acceptability of the proposed work as outlined above (email 01/28/2020).
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SCHEMATIC DESIGN BOOK Code Compliance • May 2020 3-7 Curtains across the means of egress are nonconforming. Emergency Lighting at south wall of balcony seating is insufficient. • It has been confirmed this condition remains unresolved. • Unable to confirm. • Removal of curtains at east exits from the auditorium and • Emergency lighting will be addressed as part of the lighting replacement with latchless swing doors is proposed within the upgrade/replacement proposed within the scope of this project. scope of this project. Balcony seating aisles are insufficiently marked as a means of egress. • Replacement of curtains across the west exits from the auditorium • Replacement of abrasive nosings per LSC 13.2.5.6.10 is proposed on either side of the stage is to be determined. LSC 7.5.2.2.1 within the scope of this project. does not allow hangings or draperies to be placed over exit doors or to be located so that they conceal or obscure any exit. Handrails are not provided for stepped aisles at balcony seating. Since these exit vestibules lead to side doors that are used by • Condition confirmed to remain. performers/staff/presenters during events, sound and light • Installation of handrails according to LSC 13.2.5.6.9 is proposed separation will be important to the function of the building. within the scope of this project. Replacement of the existing curtains with doors (similar to the proposed design strategy for the east exits) would conflict with Balcony vomitory steps have insufficient exit capacity. the required clearances and egress for the proposed platform • Condition confirmed to remain. lift to the stage. There is an exit sign above the existing curtains clearly marking the exit, the pair of curtains split in the center, • Installation of intermediate handrails is proposed within the the curtains are distinctly marked in contrast to the adjacent wall, scope of this project to provide sufficient exit capacity per LSC and are hung from slide rings that are readily moved to the side 7.2.2.4.1.2. to create an unobstructed opening that is of the minimum width The Interior wood finish in the auditorium and the combustible ceiling tile required for door openings. For these reasons, the design team behind the stage do not meet the minimum class A or B rating. does not believe the existing curtains “conceal or obscure the exit” • LSC 13.3.3 requires interior wall and ceiling finish materials and proposes they remain. complying with Section 10.2 shall be Class A or Class B in general • FPS indicates SFMO has not offered much leniency in the past with assembly areas having occupant loads of more than 300. This regard to curtains across means of egress. If desired, the design condition remains unresolved. The design team proposes team may submit to FPS a request along with a justification this existing condition remain nonconforming due to historic clearly stating the requirements of the code with which the significance project will not comply, why these requirements cannot be • This item has yet to be resolved and will require further met, and what measures are put in place to enhance occupant investigation by the design team and discussion with FPS. safety. Upon review, FPS will submit to SFMO for their review and approval (email 02/04/20). Stage • This item is currently unresolved. The design team is exploring Exit sign near stage left directs occupants away from the exit. options and will continue discussion as design progresses further. • It has been confirmed that the sign has been repaired or replaced Exterior egress doors in Vestibule 122 & 127 do not have exit signs. and the direction indicator shows the correct direction of travel. • This condition remains unresolved. . This item has been resolved. • Installation of exit signs is proposed within the scope of this Rooms adjacent to stage are not separated from stage with 1-hr fire- project. resistance rated construction. Balcony front row guard at aisles is nonconforming. • Condition confirmed to remain. • It has been confirmed that the guards at the foot of balcony • LSC 13.4.6.4 has no requirements for existing assembly aisles are not less than 36” high for the full width of the aisle in occupancies. IBC 410.4 and LSC 12.4.6.4 require accessory accordance with LSC 13.2.11.1. rooms in new construction be separated from the stage and each other by a 1-hour fire-resistance rated construction. LSC • This item has been resolved. 13.1.1.4.5 indicates existing portions of the structure shall not be required to be modified provided the new construction has not diminished the fire safety features of the facility.
3-8 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN • Replacement of the existing doors with 1-hour fire-resistance Single means of egress via wood ladder at attic catwalk is not compliant. rated doors is proposed within the scope of this project and • It has been confirmed there is only one means of egress from the exceeds the requirements for existing construction. catwalk. Single means of egress from the grid is nonconforming. • LSC 13.2.4.8 and IBC 410.5.3.3 indicate a second means of • It is understood that this condition remains. egress shall not be required from lighting and access catwalks, galleries, and gridirons where a means of escape to a floor or a • An existing metal ladder at Stair 4 serves as the only means of roof is provided. egress from the gridiron. LSC 13.1.1.4.5 and IBC 410.5.3.3 indicate existing portions of the structure shall not be required to • IBC 410.5.3.4 indicates alternating tread devices, permanent be modified provided the new construction has not diminished ladders, and spiral stairways are permitted exit access the fire safety features of the facility. LSC 13.2.4.8 indicates components where serving technical production areas; however, a second means of egress shall not be required from lighting ship’s ladders are not specifically listed. and access catwalks, galleries, and gridirons where a means of • The wood ladder has been replaced with a steel ship’s ladder. A escape to a floor or a roof is provided. IBC 410.5.3.4 indicates roof hatch at the remote end of the catwalk serving as a means of permanent ladders are permitted exit access components where escape is proposed within the scope of this project. serving technical production areas. • FPS concurs with the acceptability of a ship’s ladder as an exit • Either a second means of egress (ladder to Stair 3) or a means of access component serving the catwalk (email 01/28/2020). escape (roof hatch) is proposed within the scope of this project. Mechanical Room Stage Construction Combustible material stored in this room is nonconforming. • LSC 13.4.6.3 has no requirements for existing assembly occupancies. IBC 410.2.1 indicates stages shall be constructed of • It is understood that this condition has been resolved. materials as required for floors for the type of construction of the Plenum building in which such stages are located. Single means of egress is nonconforming. • Replacement of the stage subfloor and finish is proposed within the scope of this project and may be constructed of any materials • It has been confirmed this condition remains; however, there is no permitted by Type V construction. code required action. • The ceiling height in the plenum space varies from 3’-0” to 5’-6”. Attic IBC 1207.2 indicates occupiable spaces, habitable spaces and Combustible construction in the attic is nonconforming. corridors shall have a ceiling height of not less than 7 feet 6 inches • It has been confirmed this condition remains; however, there is no above the finished floor. The plenum is not considered occupiable code required action. space. LSC 7.13.1 permits mechanical equipment rooms, boiler rooms, and furnace rooms to have a common path of travel of • Combustible materials are permitted in Type V construction. 100 feet in sprinklered buildings. Excluding the plenum space, The attic is fully sprinklered and fire extinguishers are provided. the common path of travel in the proposed expansion of the IBC 410.2.2 permits beams designed only for the attachment mechanical room does not exceed 100 feet. LSC 7.13.2 indicates of portable or fixed theater equipment, gridirons, galleries and a single means of egress is acceptable for stories used exclusively catwalks to be constructed of approved materials consistent with for mechanical equipment, furnaces, or boilers provided that the the requirements for the type of construction of the building; common path of travel limitations are not exceeded. and a fire-resistance rating shall not be required. It also indicates that floors of fly galleries and catwalks shall be constructed of • FPS concurs that a second means of egress is not required for any approved material. Furthermore, LSC 13.1.1.4.5 indicates the basement mechanical room or plenum as long as there is no existing portions of the structure shall not be required to be existing or future storage in mechanical area or plenum (email modified provided the new construction has not diminished the 01/28/2020). fire safety features of the facility. • FPS confirmed that combustible materials in the attic are permitted to remain for Type V construction (email 01/28/2020).
SCHEMATIC DESIGN BOOK Code Compliance • May 2020 3-9 Image 3-10
Stairs • LSC 7.2.2.4.6.3 requires open guards, other than approved There is no fire-resistive separation between the basement and Level 1 at existing open guards, not permit a 4 in. sphere to pass through Stairs 3 & 4. any opening up to a height of 34 in. • Condition has been confirmed to remain. • Modification of the existing open guards is proposed within the scope of this project. • IBC 410.5.2 indicates that exit access stairways serving a stage, platform, or technical production area are not required to be A drop-off exceeding 30” exists in Stair 3 at room 311. enclosed. LSC 12.2.2.3.1 and 13.4.6.1.2 indicate a special • Condition has been confirmed to remain. designation for ‘stage stairs’ that is more lenient than ‘exit stairs.’ It is proposed that the portion of Stairs 3 & 4 at level 1 and above be • Addition of a guard for that portion of the stair where drop-off considered stage stairs and enclosure therefore not be required. exceeds 30 in. is proposed within the scope of this project. LSC 7.2.2.5.1.1 indicates all inside stairs serving as an exit or exit Abrasive nosings on most stair treads are worn or nonexistent. component shall be enclosed; however, LSC 7.2.2.1.2 indicates that this requirement shall not apply to approved existing • It is understood that this condition remains. noncomplying stairs. • Replacement of abrasive nosings is proposed within the scope of • The proposed design includes replacement of the existing this project. basement doors at Stairs 3 & 4 with a 1-hour fire resistance rated The 12-inch diameter hole at the basement exterior stair landing is door assembly to provide separation between the exit stairs and nonconforming. basement level in lieu of enclosing the existing stairs. • This condition has been resolved. • FPS concurs with the acceptability of the proposed work (email 01/28/2020). Various stair handrails are loose and/or nonconforming heights. • It has been confirmed that this condition remains. Existing open guards at Stairs 3 & 4 permit passage of a 15-inch diameter sphere. • Repair/replacement of handrails is proposed within the scope of • Condition has been confirmed to remain. this project.
3-10 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Doors Electrical Room 213 door lacks panic hardware. Egress doors lack appropriate landings. • It has been confirmed that this is an in-swinging door through an • Condition has been confirmed to remain. opening in the proscenium wall. LSC 7.4.2 references NFPA 70 Section 110.26 which requires doors swing in the direction of • Exterior landings at exit doors are proposed within the scope of egress where equipment is rated 1200A or more. this project. • Replacement of this door with a 2-hr fire-resistance rated door is Egress doors do not have panic hardware on both leafs. proposed within the scope of this project. Swing direction shall • Condition has been confirmed to remain. comply with NFPA 70 Section 110.26. • Replacement of exterior doors and panic hardware as required is • Please note, if required, reversing the door swing to be in the proposed within the scope of this project. direction of travel will obstruct addition of a handrail at the single riser between Stair 3 and this door. Single leaf does not provide 32 inches of clear width. • FPS requested, if possible, to inset the door so that it does not • Condition has been confirmed to remain. obstruct the handrail. (email 01/28/2020) • Replacement of exterior doors is proposed within the scope of this Mechanical room door lacks fire rated label. project. • It is understood that this condition remains unresolved. • Where existing openings include sidelights, or otherwise facilitate widening of the doors without modification of the rough opening, • A 1-hour fire-resistance rated door is proposed within the scope of doors will be widened to provide the minimum 32 inch clear this project. width in a single leaf. Transformer Vault door lacks panic hardware. • Where the existing rough openings do not afford enough space • Condition has been confirmed to remain unresolved. to widen the doors, doors will be provided with panic devices on both leafs and an actuator that automatically opens both leafs • LSC 7.4.2 references NFPA 70 Section 110.26 which requires simultaneously. doors swing in the direction of egress where equipment is rated 1200A or more. • FPS concurs with the acceptability of the proposed work (email 01/28/2020). • A 2-hour fire-resistance rated door that swings in the direction of egress with panic hardware is proposed within the scope of this project.
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SCHEMATIC DESIGN BOOK Code Compliance • May 2020 3-11 Roof Loading dock lacks the required guardrails/handrails. Fall protection at roof is nonconforming. • Condition has been confirmed to remain unresolved; however, • Condition has been confirmed to remain unresolved. there is no code required action. • A combination of guards and fall protection anchors is proposed • IBC 1015.2 does not require guards on the loading side of loading within the scope of this project. docks. OSHA 1910.28(b)(1)(i) requires fall protection where an employee walking-working surface has an unprotected side Existing structural roof framing within 20’ of the floor below does not or edge that is 4 feet or more above a lower level. The existing have fireproofing. loading dock walking-working surface is not more than 4 feet • Condition has been confirmed to remain; however, there is no above a lower level. code required action. • Guards are not required and user indicated addition of guards is • Fireproofing of roof framing is not required for Type V-B not desired. construction per IBC Table 601 and LSC Table 13.1.6. • FPS concurs (email 01/28/2020). Fire and Smoke Systems Smoke detection systems need to be installed or upgraded in vomitory Exterior storage rooms, mechanical room, and transformer vault. Handrails are not provided at all exterior steps. • Installation or upgrade of smoke detection systems is proposed • Condition has been confirmed to remain unresolved. within the scope of this project. • Addition of handrails compliant with LSC 7.2.2.4.1.6 is proposed The plenum is not currently sprinklered below auditorium seating. within the scope of this project. • It has been confirmed that this condition remains. Addition of Fire lane on south edge of building exceeds 150’ and has no turnaround. sprinklers where required will be proposed within the scope of this renovation. • Condition has been confirmed to remain. The fire lane is 15’-0” wide, whereas fire truck access roadways are typically required to The balcony vomitory storage rooms are not currently sprinklered. be 25’-0” wide. • It has been confirmed that this condition remains. Addition of • The existing fire lane could be widened to 20’-0” without sprinklers where required will be included in this renovation. losing any of the existing parking spaces on each side. There is insufficient space for a turnaround compliant with City of Austin Automatic smoke control system above stage not provided. Standard 901S-2. If the fire lane were to stop at 150’-0” from • It is understood this condition remains unresolved the curb, a turnaround would not be required and compliance • LSC 13.4.6.5 requires emergency ventilation to provide a means with access distances in City of Austin Standard Detail 901S-1 of removing smoke and combustion gases directly to the outside is maintained; however, the resultant access distances for adjacent in the event of a fire for regular stages in excess of 1,000 square buildings has not be checked by MYA. The proposed scope of work feet and legitimate stages. The existing stage is considered a in this project does not impact the existing fire lane. legitimate stage. The existing roof monitor above the stage was • FPS indicated that the lane shall be repainted, with the length to originally designed and constructed with metal roof vent panels remain as is and the width to widen to 20'-0". The east end, where on the west side that were hinged at the bottom to swing out the lane angles, shall be lengthened to stop at the circle. There is when the rope holders were cut or burned. It is understood that no need to make any changes or hatching at the west end near the existing vent panels are no longer functional. In addition, the UNB (email 01/28/2020). existing area of the hinged louvers is approximately 4% of the stage area. LSC 13.4.6.5.2.2 requires vents provide a net free vent area equal to 5% of the stage area. • An automatic smoke control system compliant with LSC 13.4.6.5.2 is proposed within the scope of this project.
3-12 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Accessibility Assessment APPLICABLE CODES SUMMARY OF DEFICIENCIES • 2012 Texas Accessibility Standards (TAS) The design team has reviewed previous studies of the building, identified additional deficiencies, walked the site with Stephanie • 2010 Americans with Disabilities Act (ADA) Standards Meyers from UT’s Division of Diversity and Community Engagement (DDCE), and reviewed the preliminary scope of work with Colleen To easily differentiate between the various code violation conditions, Dement (RAS #1371) from The Access Partnership. A summary of refer to the key below to categorize each item: existing deficiencies is provided below along with an understanding of • Existing deficiencies that the proposed scope of the major the current status for each item. renovation will bring into compliance Note: A comprehensive building review by a Registered Accessibility • Proposed means of addressing existing deficiencies which require Specialist has not been performed as part of this assessment. interpretation of the code • RAS response to proposed interpretations of the code Accessible Path Only one of the three main entrances on the east façade is TAS/ADA • Ongoing issue that has not yet been resolved compliant. • Condition has been confirmed to remain. Additional accessible entrances are not required; however, addition of ramped access, replacement of doors, and addition of actuators at all three main entry doors is proposed within the scope of this project and EXISTING BUILDING INFORMATION exceeds TAS/ADA requirements. Several exterior doors along the accessible path have non-compliant Hogg Memorial Auditorium (HMA) was originally constructed in 1932 thresholds. prior to the adoption of any scoping or technical requirements for • Condition has been confirmed to remain unresolved. accessibility to sites, facilities, buildings, and elements by individuals with disabilities. It has undergone minor renovations and maintenance • Alteration of thresholds per TAS 303 is proposed within the scope activities throughout the years but the overall function, seating, and of this project. circulation is largely unchanged. The most significant accessibility Several double doors do not provide 32-inches clear when using a single upgrades to date include the addition of an accessible entrance at one leaf. of the three main entry doors on the east façade and addition of two single-user handicap restrooms (which are currently not compliant as • Existing nonconforming interior double doors at the lobby are described below). proposed to be removed or fixed in the open position within the scope of this project. Replacement of existing exterior double doors is proposed within the scope of this project. Where required, automatic actuators shall be added to provide the required clearance.
SCHEMATIC DESIGN BOOK Code Compliance • May 2020 3-13 Handrails along the accessible path are nonconforming. Auditorium • Condition has been confirmed to remain unresolved. The designated wheelchair seating areas are nonconforming. • Provision, replacement, or remounting of handrails per TAS 505 is • The existing wheelchair seating at the front and rear of the ground proposed within the scope of this project. level seating does not provide a compliant accessible path, is insufficient in number, and lacks the required companion seats. Door hardware and opening force requirements along the accessible route The total seat count of the proposed auditorium after renovation are nonconforming. requires 10 wheelchair spaces per TAS 221.2.1.1. • Condition has been confirmed to remain unresolved. • Expansion of the rear seating areas to provide 8 wheelchair spaces • Replacement of hardware according to TAS 404.2.7 and TAS (4 on each side) with an companion seats is proposed within 404.2.9 along the accessible path is proposed within the scope of the scope of this project. An additional 2 permanent wheelchair this project. spaces with companion seats at the front of the auditorium and exterior accessible path through the auditorium’s side door (SW Existing drinking fountains are nonconforming. vestibule) is proposed within the scope of this project. In addition, • Removal of the existing drinking fountains and replacement the owner has requested some of the seats in the front of the with fixtures that comply with TAS 211 and TAS 602 is proposed auditorium be removable to allow for more wheelchair spaces within the scope of this project. when needed which exceeds the requirements of TAS/ADA. There are currently no designated aisle seats. Restrooms • At least five percent of the total number of aisle seats provided Maneuvering clearance at the doors to the public single-user accessible shall be provide folding or retractable armrests on the aisle side restrooms from the lobby is nonconforming. and shall be identified by a sign or marker per TAS 221.4 and TAS • It has been confirmed that the existing doors are recessed beyond 802.4. 8 inches which obstructs the required latch side maneuvering • Replacement of the existing seating and reuse of the existing clearance per TAS 404.2.4.3. cast iron end panels is proposed within the scope of this project. • Removal of existing restrooms and addition of new restrooms is End panels shall be modified to accommodate the folding or proposed within the scope of this project. Doors to new restrooms retractable armrests in order to provide the required designated shall provide the required maneuvering clearances per TAS aisle seats. 404.2.4. Dispersion of wheelchair spaces and designated aisle seats is minimal. The existing lavatory in the public single-user accessible restrooms • The existing mezzanine seating is not accessible and therefore overlaps the required clearance around the water closet. does not provide wheelchair seating or designated aisle seats. • This condition does not comply with TAS 604.3.2. • Addition of an elevator serving the existing mezzanine • Removal of existing restrooms and addition of new restrooms is seating is not proposed within the scope of this project due to proposed within the scope of this project. New restrooms shall Technical Infeasibility (TAS 202.3, Exception 2), potentially comply. Historic Designation (206.2.3, Exception 7), and possibly Disproportionality (TAS 202.3, Exception 1 and TAS 202.4). The existing public multi-user restrooms in the lobby do not provide • RAS to provide confirmation of agreement, or comment, that accessible fixtures or clearances. this strategy is acceptable and addition of an elevator to the • Condition has been confirmed to remain unresolved. mezzanine is not required. • Removal of existing restrooms and addition of new restrooms is • RAS concurs with the proposed exceptions; however, all proposed within the scope of this project. New restrooms shall determinations shall be made by the Department [TDLR] in comply. accordance with the variance procedures contained in Chapter 68, Texas Administrative Code (email 01/21/20).
3-14 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN • Since no accessible seating is provided at the mezzanine level, An accessible dressing room / green room is not provided. TAS 206.2.4, Exception 2 indicates that an accessible path to • The original building consisted of eight dressing rooms, none of the mezzanine is not required. Use of this exception would not which are accessible. require a formal variance application. Design team and PMCS are discussing the appropriate method for documentation of these • Six of these are no longer used as dressing rooms and shall be re- exceptions. designated as storage rooms within this project. Renovation to provide an accessible dressing room / green room, restroom, and • Renovation to provide an accessible path from the lobby to the shower at stage level is proposed within the scope of this project. wheelchair spaces at the rear of the auditorium is proposed within the scope of this project. All designated aisle seats and additional • There is no accessible route to the existing basement dressing wheelchair spaces are proposed at the front of the auditorium. room / green room which remains. TAS 222.1 indicates where Renovation to provide an accessible route to the front of the dressing rooms, fitting rooms, or locker rooms are provided, at auditorium through a side door rather than along the existing least 5 percent, but no fewer than one, of each type of use in each steeply sloped aisles is proposed within the scope of this project. cluster provided shall comply with 803. Therefore, an elevator to The proposed route from the parking and drop-off area travels the basement is not required nor proposed within the scope of west along the exterior of the building to the southwest door. this project. Automatic door actuators will be provided at this door which will • RAS concurs with the summary above (email 01/21/2020). provide ramped access to the accessible seating in the front of the auditorium. • RAS concurs with the proposal dispersion (on-site 01/10/2020) and requests location and number of accessible seats, and accessible paths of travel to them, be indicated on the Construction Documents (email 1/21/2020). • Note, the existing auditorium aisles exceed the allowable slope for an accessible path; therefore, the only accessible path from the front of the auditorium to the public restrooms requires exiting the building at re-entering at the main lobby. • The proposed accessible path does not comply with TAS 201; however, compliance has significant cost implications. The design team recommends application for a variance from TDLR on the grounds of disproportionality per TAS 202.4.
Stage & Back of House The stage is inaccessible. • Condition has been confirmed to remain unresolved. • Currently, the owner provides a mobile platform lift to the stage from the auditorium seating area as needed. Platform lifts are permitted components of an accessible route per TAS 206.7. While mobile lifts are not prohibited by TAS, this solution is not preferred by the owner. Addition of a permanent platform lift in accordance with TAS 410 is proposed within the scope of this project.
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3-6 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN NARRATIVE ASSESSMENT 4
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4-2 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN ARCHITECTURAL ASSESSMENT
Due to the historic nature of the building, the exterior envelope is important to preserve where possible. No additions have been made onto the existing envelope. Previously, additions have been proposed, but never completed. Windows and Glazed Doors The original exterior windows and doors, including the wood doors at the front vestibule entry point, have non-insulated clear glass lites. The metal frame windows and doors appear to be original. These types of frames characteristically have a high air infiltration rate and very high thermal conductivity, making them very energy inefficient. The design team recommends replacing the existing windows to ensure proper sealing. It is also recommended that the glazing have an energy efficient film applied to reduce solar gain. The design team recommends replacing the existing windows to ensure proper sealing. Window replacement is not required, but is highly recommended and desired by the University Unions. No safety glass labels were observed on the exterior entry doors. Modern practice is to permanently engrave a small etching into a corner of each piece of safety glass to indicate its life safety code compliance attributes.
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SCHEMATIC DESIGN BOOK Narrative Assessment • May 2020 4-3 Exterior Solid Wood Doors The original solid wood doors and frames around the building are in fair condition. The exterior faces are weathered and should be replaced. The interior faces also show marring and wear and likewise are in need of replacing. All doors should be checked for fit, have seals fitted and doors shimmed as necessary to obtain a good seal. The door bottoms show gaps that allow water and pests to enter the building and need to be repaired with good seals. Thresholds may need to be replaced to meet ADA height requirements. Panic bar releases have been added to all public exit doors and all door leafs open when the panic bar is activated. The door pairs do not have astragals, allowing the doors to open to the full unobstructed width. Since double door openings are less than 72”, both leafs of double doors need to open to exit wheelchairs. Only one pair of exterior doors (located on the east side of the building) has an actuator that provides exit width meeting ADA/TAS requirements. Jacobs recommends Image 4-4a Image 4-4b installing actuators at all other ADA/TAS accessible doors for similar entry and exiting.
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4-4 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Exterior Lower Level Stairs The stairwell to the Lower Level serves as a second means of egress from a below-grade occupied level. As such, it does not satisfy life safety or building codes. The rise and run of the steps do not comply, the handrails are not of the correct type, and lighting at the bottom landing is poor.
The stair steps cannot be rebuilt without major reconstruction, but it is recommended that abrasive nosing strips be added for safety. Jacobs recommends replacing the handrails and improving the illumination.
Loading Dock The building’s loading dock is located on the southwest corner of the building. It is essentially a raised concrete platform used to deliver large equipment and materials directly into the stage area. The double doors to the stage are weathered and should be refinished as noted above. The existing loading dock does not have any type of railing or guard to protect occupants from falling off at the elevation change, and the existing dock bumper is hardened and cracked from age and sun exposure. Jacobs recommends providing new handrails at the stair and replacing the dock bumper.
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SCHEMATIC DESIGN BOOK Narrative Assessment • May 2020 4-5 Roofing We also observed several flashing defects associated with these roofs, particularly at walls and low slope roofs. These deficiencies have the The roofs at HMA consist of two types, low slope built up roof potential to allow significantly more amounts of water infiltration than membrane with gravel surfacing over two inches (2”) of perlite the underlayment at the field of the roofs. insulation, and steep slope clay tile supported by wood battens over one (1) layer of rag felt underlayment. Both roof types are installed over a structural deck consisting of reinforced gypsum Low Slope Built-Up Roofs planks (indicated as “Pyrofill” on the original drawings) supported by structural steel joists. There are also additional components that These roofs are in fair to poor condition, with exposed fiberglass and function as roofs, including a skylight above the stage area and a felts that have become brittle due to age and UV exposure. Below the balcony deck at the east elevation second floor level. membrane, we observed wet perlite insulation at two (2) of the four (4) test cuts, indicating membrane failure. In general the coverage of the gravel surfacing was acceptable, except Steep Slope Tile Roofs at the center roof, where areas were observed missing surfacing, While the copper tile is in fair condition, the underlayment and with fiberglass reinforcing exposed at the felts where asphalt had flashings beneath the tiles are in fair to poor condition. The observed deteriorated. This area is a probable source of leaks. At all test cut rag felt underlayment does not seal around fastener penetrations, and locations, the membrane layers broke easily, indicating that these is installed in a single layer where punctured by nails between laps. layers are nearing the end of their “service” life, where deterioration accelerates and maintenance becomes difficult. The gypsum deck below is sensitive to moisture and deteriorates when exposed to it long term. With limited access to the underside of The base flashings at all roof areas have multiple defects that the stage deck at the catwalk, we observed several stained areas at are probable sources of water infiltration, primarily at unsealed, the underside of this deck that are evidence of water infiltration. We deteriorated, and low base flashings. observed several tiles sliding down the east side of the stage roof that do not appear to be properly secured. Several tiles are cracked, likely due to hail damage.
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4-6 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN The two inches (2”) of perlite insulation observed at all test cut East Elevation Balcony locations provides a thermal resistance “R” value of approximately This small deck area has a tiled surface that is drained by three (3) four R-5. At the areas where this insulation was documented as damp, this inch (4”) diameter deck drains, one of which has a loose strainer. The resistance is significantly reduced. Currently the State Energy Code sealants at the perimeter of this area are deteriorated, and evidence of requires R-20 for new state funded facilities. water infiltration was observed at the interior side of the three sets of access doors. Steep Slope Drainage The clay tile roofs drain into a copper gutter system connected to Skylight copper downspouts discharging at grade. Minor gutter damage is The skylight over the stage has been painted black and is no longer present on the north elevation, likely due to the adjacent trees. The functional as a source of natural light. The aging metal joints at the south elevation gutter is clogged with tile debris below the stage, glazing are a probable source of leaks. where accessed by the lift. Several of the soldered copper gutter joints appear to be leaking, as evidenced by minor green stains at wall areas below Fall Protection There is currently no visible, accessible means of fall protection Low Slope Drainage anchorage available at the low sloped roofs of this facility. In addition, the existing interior roof access ladder is offset from the roof hatch, In general, while the primary roof drainage capacity provided by the creating a dangerous configuration that forces the user to climb from system meets current plumbing code, there are no provisions for an the ladder onto sheet metal ductwork to reach the roof hatch. overflow drainage system that can drain the roofs in the event that the primary system is blocked. This does not meet current plumbing code and the potential for deck overload due to the weight of trapped water on the roof is a life safety issue.
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SCHEMATIC DESIGN BOOK Narrative Assessment • May 2020 4-7 Entry Vestibule Level 1 Lobby The small entry vestibule includes some decorative features and The lobby area is the central public circulation space connecting the finishes which afford the space historic significance. The plaster walls, entry vestibule with the auditorium, mezzanine stairs, and restrooms. encaustic tile, wall tile, stenciled acoustical ceiling, stenciled beams, The carpeted floors were installed in 2015 and are in fair condition. grilles, bulletin board and light fixtures are all original to the building. The walls show a significant amount of peeling/chipping painted Overall, the historic materials are in very good condition. The stenciled plaster. The ceiling tiles are dirty and outdated. The users indicate that acoustical ceiling appears to have dulled due to age and is in need of during large events it is very noisy in the lobby, which is only separated restoration by a qualified professional. The tile surfaces require some from the auditorium by curtains at the four openings. cleaning and minimal regrouting. Four freestanding drinking fountains with historic character outside In the center of the space, the original ticket booth has been enclosed the men’s and women’s restrooms are in working order but do not meet above the counter height with the addition of storefront. The booth is TAS/ADA standards. no longer used for ticketing and now serves as a staff storage and work space. The ticket booth, which does not meet TAS/ADA requirements, Public Restrooms has a raised floor on the interior and insufficient area for a wheelchair turnaround. It appears that multi-user men’s and women’s restrooms are original to the building and do not meet current code requirements. Each restroom contains 3 water closets and two lavatories.
Figure 4-8a Small entry vestibule at ceremonial east entry with ticket booth and decorative ceiling
Figure 4-8b Circulation hallway that leads to mezzanine, restrooms and other support spaces
4-8 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Circulation within the restrooms is impractically tight, especially Dressing rooms vary from fair to poor condition, most of which are considering the occupant load they serve. being used for storage. All back of house water closets and lavatories Two single-user restrooms were added and serve as handicap are in poor condition. Users indicate these are operational; however, accessible restrooms; however, they do not meet current TAS/ADA they can be heard from the auditorium and are therefore are not used. requirements for minimum distance between the water closet and In total, the existing building has five (5) back of house water closets, lavatory. none of which are are TAS/ADA compliant. Occupant load for the staff & performers in the back of house areas is approximately 85, for which In total, the existing building has 8 public water closets, none of which code requires only two (2) total water closets. are TAS/ADA compliant. A 1,200 seat theater according to current codes requires a minimum 15 water closets with at least 1 wheelchair The west basement has a vacant dressing room, transformer vault, an accessible stall in each multi-user restroom. office and large open space used as a green room. There are windows and light wells on the west side of the green room. The basement is accessed by interior stairs on the north and south ends and an exterior Stage & Back of House stair on the west side. There is currently no access for those with Stage curtains are in good condition. Users have indicated a desire for disabilities. replacement of the stage floor to deal with level inconsistencies in the hardwood subfloor and MDF topping. The stage is not permanently accessible to those with disabilities; a portable lift is brought in as needed.
Figure 4-9a Women's public restroom at lobby level
Figure 4-9b Stage and back of house area
SCHEMATIC DESIGN BOOK Narrative Assessment • May 2020 4-9 Auditorium Blue and Orange patterned tiles surround openings on either side of The auditorium currently has 789 fixed seats on the main level and 389 the stage. The tile is in poor condition with significant damage to the fixed seats on the balcony level with a total of 1,178 fixed seats. In outside corners. addition, there are 4 spaces designated for wheelchair use at the back The concrete floor beneath the existing seating has return air hoods of the auditorium and an open floor area at the front of the auditorium positioned beneath the existing seats. which accommodates up to 6 additional wheelchairs. None of the wheelchair spaces have the required companion seat or compliant Aisles were carpeted in 2015 with the same carpet used in the lobby. accessible paths.
The fixed seats have historic value but are in poor condition. Seat Mezzanine cushions are torn, end of row frames are missing and the original Row spacing of fixed balcony seating on the mezzanine is determined decorative longhorn castings and integral aisle lighting need to be by cast concrete stepped rows. Where new seating is proposed, insure repaired/replaced. Wood armrests and wood tablet arms are worn. that the code required aisle accessway width can be met within the The seats do not have self-rising mechanisms and the metal frames existing row depth. need repainting. An office and storage closet were added to the mezzanine lobby. Decorative carved plaster throughout the auditorium is damaged and Curtains are used between the mezzanine lobby and balcony seating in need of repair. for light and sound control; however, these are not permitted by life Decorative wood paneling on the walls appears to be in good safety codes along egress paths. condition. Termite damaged panels on the south wall were replaced There are currently no public restrooms on the mezzanine. One private in 2015. water closet and lavatory is located in the projection room for staff.
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4-10 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN THEATRICAL
The existing over stage rigging system consists of 15 dead hung and Theatrical Lighting Positions 7 motorized battens (4 fixed speed electrics, 2 variable speed general Due to the relationship between the catwalks and the lighting coves, purpose and 1 fixed speed projection screen). The university desires special attention to the location of the lighting pipes will be required to motorize all of the current 15 dead hung battens to maximize to ensure the fixtures are located properly. flexibility. There is a primary lighting position over the house. The primary There is also a desire to add two motorized battens (1 off stage left lighting position only provides a steep theatrical front lighting angle, and 1 off stage right) that run upstage / downstage. These would which is okay for theatrical productions but not very video/film better accommodate configureable stage and cyc side light positions friendly. There is an existing second position, located in the ceiling as well as temporary AV equipment positions. above the front edge of the balcony. Lights currently shine through Access to the rigging grid is via a ladder which has been deemed existing round decorative ports to illuminate the aisles on the main unsafe due to lack of a surrounding cage. For safety, staff and floor which limits its expandability and usefullness for automated theater personnel currently wear a harness when accessing the fixtures. In order to best accommodate automated lighting fixtures grid. Replacement of the ladder with one that meets current safety and video lighting angles while preserving the historic details of the regulations and codes should be made a priority. building it is suggested a self climbing truss be added somewhere in between the two existing positions. Power and control (for both hoist The current strong point system lacks the appropriate quantity to and lighting fixtures) would need to be allocated for this position. provide multiple rigging locations over the house. Additional points along with power at all points, should be provided to allow greater rigging flexibility over the house. Currently the loudspeaker positions are dead hung which makes reconfiguration difficult. The loudspeaker positions should be motorized to better facilitate reconfiguration of the system. Along with this motorization, the position of the speakers should be coordinated with the theatrical lighting fixture locations to balance audio and lighting coverage needs.
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SCHEMATIC DESIGN BOOK Narrative Assessment • May 2020 4-11 Stage Floor The current stage floor is a single layer of 5/8” MDF that was installed over the original floor. A new stage floor should be built up using traditional flooring methods consisting of pads, sleepers, multiple layers of plywood with an MDF or HDF/Masonite top. Finish should be low sheen black. To improve flexibility and stage floor look, it is desired to add under floor troughs for cabling between multiple floor pocket locations (both permanent and temporary) . The orchestra pit was covered with concrete as part of the last renovation rendering the pit unusable. The concrete finish does not match the stage floor finish. It is recommended to remove the existing concrete pit filler and provide a appropriately sized and structurally rated, removable pit filler. This would enable the use of the orchestra pit when desired.
Remove Exist. Concrete Cap $3,750 Pit Finishes $5,000 New Removable Pit Filler $16,250 New Flooring $63,280 Subtotal (CCL) $88,280 Soft Goods The existing soft goods are in acceptable condition. The university would like to have an additional full stage cyc and scrim added to the drapery inventory as part of this project.
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4-12 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Theatrical Lighting Dimming The theatrical lighting system consists of 2 dimming racks and one relay panel. Power is distributed to lighting electrics over the stage, catwalk positions, and two lighting torms on the side walls at the edge of the balcony. Power is sufficient for a facility of this size and utilization. There are a number of receptacles in the stage electrics that are not energized. These should be energized or blanked over. If the facility migrates to additional LED fixtures as part of the project or in the future, it will need to replace some of the dimming modules with either thru power or relay modules. The relay panel (RP-1) needs to be properly terminated to the “R” circuits/receptacles.
Theatrical Lighting Fixtures The university would like to have the replacement of the existing FOH lighting fixtures with LED versions evaluated as part of this project (This request may also help obtain LEED points).
It is also requested that additional LED automated fixtures (profiles, beams and washes) along with blinders be purchased as part of the project.
Theatrical Lighting Control Theatrical and architectural lighting systems control is converged through an ETC Unison control system. Architectural control stations are provided in key areas around the auditorium. The University uses two different theatrical lighting consoles depending on the show needs. The theater has at its disposal an ETC ION console and a High End Systems HOG console. DMX/NET can be distributed via CAT5/6 cabling to control positions throughout the auditorium. Image 4-13
Front of House Booth The existing front of house booth is located under the balcony against the rear wall. It currently has only 3 circuits. This location provides a compromised mixing position for audio, preventing audio engineers from providing an ideal mix for the rest of the auditorium. Lighting also has compromised sightlines within the room. Moving the booth forward would provide a mixing environment similar to the rest of the seating. Lighting sightlines would also be improved. Additional power circuits would be provided to accommodate existing and future power needs.
SCHEMATIC DESIGN BOOK Narrative Assessment • May 2020 4-13 Architectural Lighting Theatrical and architectural lighting systems control is converged through an ETC Unison control system. Architectural control stations are provided in key areas around the auditorium. The University uses two different theatrical lighting consoles depending on the show needs. The theater has at its disposal an ETC ION console and a High End Systems HOG console. DMX/NET can be distributed via CAT5/6 cabling to control positions throughout the auditorium. • Main Floor: There is considerable density of fixtures over the main seating. We recommend replacing the existing fixtures 1 for 1 with recessed LED RGBW down cans. Image 4-14a • Over Balcony: There are sconces on the rear wall which provide modest lighting level. We recommend retrofitting the sconces with an LED source and supplementing them with 1 to 2 rows of recessed LED RGBW down cans. • Under Balcony: Under balcony lighting consists of two reccessed LED RGBW down cans in each of the four entrances under the balcony. Lighting below mezzanine reduced based on restroom expansion. • Specialty Lighting: The existing historic star shaped fixtures over the front edge of the balcony should be retrofitted with an LED source. Currently the lattice work around the proscenium arch and where the historic star fixtures are located is illuminated with theatrical fixtures which need to be refocused on a regular basis. The current project will investigate if there is a better way to illuminate these areas. Aisle Lighting & Exit Signs Aisle lighting within the auditorium is poor and probably does not meet the code required average of 1 footcandle (.1 fc minimum). Aisle lighting on the main floor is accomplished on the seat ends. Aisle lighting in the balcony consists of fixtures recessed into the steps, however lights are not located in every group of steps. New aisle lighting should consist of dimmable LED fixtures located on the end seat in all seating rows on the main floor and in the balcony. Additional step mounted fixtures may still be required to meet code in the balcony. Existing exit signage to be maintained as is. Refurbished and light source replaced. Image 4-14b
4-14 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN MECHANICAL All HVAC equipment serving HMA is well beyond its useful life and will footprint of the AHU. be replaced. The piping and duct insulation is deteriorating, allowing moisture migration and further deterioration. Asbestos is present in Construction of the AHU will meet campus standards for quality and the much of the insulation and mastic materials based on previous construction. testing (Ref. Terracon Asbestos and Lead-Based Paint Inspection, Dec The existing areaway on the south side of HMA will be utilized 17, 2007). for outside air intake. Demand control ventilation strategy will Mechanical Room be implemented to reduce outside air intake when the facility is unpopulated to reduce energy consumption. The existing chases or Excavation of the crawl space on the east end of the basement, north new chases will be utilized to route new ductwork risers to above of the existing mechanical room, will be needed to expand the size of ceiling, routing to new ceiling air devices. Return air will be collected the existing mechanical room to accommodate the new equipment. through floor grilles or low wall grilles and ducted through the crawl Repurposing space in the under-stage area can also provide additional space to the air handling unit. mechanical room space for air handling equipment. Fin Water Recovery System The basement mechanical room is currently not ventilated. The mechanical room should be ventilated utilizing a inline exhaust fan With the high density of occupants during full occupancy and the ducted to an areaway. resulting ventilation requirements, a fin water recovery system should be installed to pump AHU cooling coil condensate water back to the Hydronic & Steam Pipnig Systems central plant for use in plant operations. Coordination with UEM will be required to ensure proper infrastructure is available in the main New piping extending from the small tunnel to HMA from the main service tunnel to convey the recovered fin water back the central plant. tunnel will be installed and configured for improved routing and Because the AHU equipment is located in the basement, the fin water access. New building high performance shutoff valves should be recovery system will likely need to be routed to a sump and pumped installed per UEM Standards. New 100% redundant variable flow back up to allow for gravity flow of AHU condensate to the fin water chilled water pumps with VFDs and a pump bypass (with check valve) recovery system. will be installed in accordance with UEM Standards. Exhaust System New steam-to-heating hot water shell and tube heat exchanger should be installed to provide heating hot water for the building. New Restroom and janitor’s closets exhaust will be collected on a common Steam and steam condensate return piping will be installed back to general exhaust system and ducted up through the roof to a roof the existing pressure reducing valve located in the tunnel. A new mounted exhaust fan. condensate return pump will be installed to return steam condensate back the central heating plant. A new condensate meter will be Crawl Space installed and tied into the BAS per UEM standards. A pair of variable The crawl space is currently utilized as a return air plenum for the AHU flow heating hot water circulation pumps with VFDs will be provided equipment. If return air is ducted through the crawl space back to the to circulate the heating hot water to the terminal equipment. AHU equipment, the crawl space will require mechanical ventilation with humidity level control. Ventilation exhaust can be expelled from Air Handling Sytsems the crawl space with an inline exhaust fan through an areaway on the The auditorium seating area including the balcony will be served perimeter of the building. by a large single zone variable air volume (VAV) AHU located in the basement mechanical room. The stage will be served by a single zone Building Automation System VAV AHU located in the basement mechanical room. The vestibule, A new DDC Building Automation System (BAS) will be installed per main lobby, and balcony lobby will be served by a multi zone VAV AHU campus standards to control the mechanical systems. Chilled water located in the basement mechanical room. The under-stage area will and steam condensate metering along with domestic water and be served by a VAV AHU located in the proposed repurposed room in electricity will be integrated to the BAS. The BAS will be connected to the under-stage basement. teh campus facility management system. The facility will be provided with a laptop loaded with the appropriate software for the facility The AHUs will consist of chilled water coil, heating hot water pre-heat manager to temporarily override space temperature setpoints as and heating coil, and a single plug fan or plug fan array to reduce the appropriate for various events. SCHEMATIC DESIGN BOOK Narrative Assessment • May 2020 4-15 ELECTRICAL
Electrical Service • Mechanical Loads: Power for major mechanical/HVAC loads will be grouped into dedicated distribution boards so that they be The proposed service for HMA will be 12 kV. An existing duct bank monitored with additional meters on the panel feeder. Small from manhole ‘MH 122’ currently stubs into the existing transformer HVAC loads (e.g. VAV boxes) will not be separately tracked. vault. A new 15 kV, 1200 A, front accessible, three way, primary selective switchgear and vacuum breakers will be used for connection • Receptacle Loads: Receptacle circuits will be metered at each to the electrical 12 kV loop. Due to space limitations, double-ended 120/208V panelboard per ASHRAE 90.1-2013, Section 8.4.3.1. switchgear is not a viable option. Instead, a new single-ended unit Controlled receptacles will be used in areas required by ASHRAE substation with a 500 kVA transformer and 2000 A, 208Y/120V, draw- such as offices. out switchgear will be dedicated for HMA. Interior Lighting & Controls Interior Distribution All existing interior lighting will be demolished and replaced with • Dry-Type Transformers: Existing 75 kVA isolation dry-type 120V LED fixtures and controls. UT has asked to retain the historic transformer will be reused for audio/video equipment to serve decorative pendant and exit light fixtures. Further information about sensitive A/V loads. these fixtures can be found under the architecture lighting section. • Branch Lighting Distribution: Lighting shall be served at 120V/1- Emergency and egress lighting will be provided and shall have self- phase from a dedicated, relay-based lighting panel located in diagnostic capable battery backup. Fixture types and spaces are as strategic electrical rooms. follows: • Mechanical Equipment Branch Circuit Distribution: Air Handling • Individual offices and interior corridors will be illuminated by 2’x2’ Units shall be served at 208V/3-phase from a distribution recessed LED troffers with 0-10V dimming drivers. panelboard located in the mechanical room. Fan-powered VAV • Lighting in vestibules, restrooms, and stairwells will be boxes will be served at 120/1-phase with no more than six (6) VAV illuminated by linear LED lighting fixtures and downlights. boxes per 20-Amp circuit. • Architectural light fixtures will be provided under the theatrical • Panelboards: All panelboards will be 225A or 400A, MCB/MLO, lighting scope of work. 42-circuits, and equipped with bolt-on molded case circuit breakers. Panelboards will have an Arc-Flash Hazard Warning Lighting will be connected to relay-based lighting panels and will label. Each 208/120V panelboard will be protected by an 80kA generally utilize low-voltage switching and controlled with the devices surge protective device. as follows: • Power Monitoring: Where feasible, branch circuits will be • Individual Office Spaces: Automatic vacancy sensors separated by load type (Lighting, HVAC, receptacles) so they can be monitored separately. See “Metering” below for addition • Storage Rooms: Automatic vacancy sensors information. • Corridors / Circulation Areas: Time Clock, with two-hour manual override located within space Metering • Mechanical / Electrical Spaces: Manual Switch • Building metering: An integral meter will be provided to track total building energy usage. • Exterior Lights: Integral Photocell and astronomical clock with maintenance bypass • Interior & Exterior Lighting Loads: Lighting loads will be metered with branch circuit monitoring in each electrical room • Public Restroom Areas: Time Clock, with 30 min manual override in conformance with the NEC, Article 220.12. Each meter serving located within space lighting loads will be networked together and report back to the Building Automation System. Each lighting relay panel will be equipped with an integral meter.
4-16 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Exterior Lighting Storm Drainage All existing exterior lighting will be demolished and replaced with A secondary means of roof drainage shall be provided for the existing 120V LED pole mounted fixtures that are dark sky compliant. Egress flat roof portion of the building to meet current codes and for the lighting will be provided and shall have self-diagnostic capable battery safety of building occupants. Architectural scuppers shall be utilized as backup. Where pole mounted fixtures are not feasible, wallpacks that a cost-effective, non-invasive method. are dark sky compliant will be utilized. Domestic Water Special Purpose Power The existing domestic cold water system is adequately sized and shall All three existing Company Switches will remain and will be extend as necessary to support the auditorium renovations. reconnected to the new interior distribution system. Theatrical and audio/visual scope will be provided in their respective sections. Existing domestic water piping insulation shall be replaced as it shows deterioration, allowing moisture migration and further deterioration. Asbestos is present in much of the insulation and mastic materials Emergency Power based (Ref. Terracon Asbestos and Lead-Based Paint Inspection, Dec A central lighting inverter will be used for life safety systems including 17, 2007), so proper remediation procedures shall be incorporated for house lights, accessible platform list and theatrical equipment. No proper removal. Piping labels clearly identifying system type and flow stand-by power will be provided. direction shall be added throughout the building. A new domestic hot water distribution system shall be added to meet Lightning Protection current plumbing code. A steam-to-hot-water generator meeting There will not be any lightning protection in this scope. UEM standards shall be installed to provide domestic hot water for the building per campus standards. Though space in the basement Energy Conservation: Comply with ASHRAE 90.1 2016 and LEED mechanical room is tight, removing the existing drinking fountain chilled water storage tank will provide a possible location. A new circulation pump shall distribute hot water to all lavatories and sinks Grounding where local ASSE-1070 compliant thermostatic mixing valves would protect public users from scalding. The existing grounding system will be reused. Ensure Deficiency 17 from Shirmer Engineering’s 2008 report is addressed Plumbing Fixtures All plumbing fixtures serving HMA are well beyond their useful life, don’t meet today’s water efficiency standards, and shall be replaced. PLUMBING The drinking fountains served by a potable chilled water distribution system shall be replaced with new water cooler style fixtures that The existing plumbing systems serving the auditorium are to remain feature integral chillers. Select back-of-house plumbing fixtures and be modified as necessary to accommodate the new renovations. will be removed without replacement, and a new mop sink shall be All existing plumbing fixtures and equipment are to be demolished provided. or replaced as they are beyond their useful life and don’t meet today’s water efficiency standards.
Sanitary Waste & Vent The existing sanitary waste & vent systems are adequately sized and shall extend as necessary to support the auditorium renovations. Select sections of piping will be replaced if showing signs of advanced deterioration.
SCHEMATIC DESIGN BOOK Narrative Assessment • May 2020 4-17 STRUCTURAL
Existing Structure The HMA is a reinforced concrete building approximately 148’-6” x 87’-1”. The foundations for the building consist of continuous reinforced perimeter concrete walls and isolated concrete footings at column locations. Reinforced concrete retaining walls enclose a partial basement at the southeast corner of the building. The basement slab is a concrete slab on grade. A larger basement is located below the stage at the west end of the building. The floor is also a concrete slab on grade and basement walls are reinforced concrete retaining walls. There is a crawl space below the raked auditorium floor with a sloping 3” concrete mud slab. The auditorium floor is at ground level and consists of a sloping reinforced concrete one-way slab spanning to reinforced concrete beams. The floor beams are supported from reinforced concrete columns. The ground floor lobby at the east end of the building is structured similarly to the auditorium slab. The stage is constructed with a one-way reinforced concrete slab spanning to long span concrete beams. These beams span over the current dressing rooms below. At the ground floor level, steel columns extend from the perimeter concrete walls up to the roof. These columns support framing, spandrel beams and floor beams, at the Lounge and Balcony levels and they also support roof framing. The Lounge level is framed with steel beams supporting reinforced one-way spanning slabs. Spandrel beams adjacent to the Lounge are encased in concrete likely for fireproofing or durability reasons. The Balcony is framed with sloping steel beams supporting reinforced concrete knee walls and thin slabs that create the stepped balcony. The roof is framed with long-span steel trusses spanning the full width of the building. The trusses are made-up primarily from built-up angles and are approximately 10ft in height at their deepest and 2ft in height at their shallowest. Hangers extend down from the trusses to support a “grid loft” below with catwalks and lighting access. The roof overhangs are structured with continuous reinforced concrete beams formed to match the roof slope. The concrete beams are attached back to the steel roof framing. The perimeter walls consist of non-load bearing stone veneer with a back-up wall that is likely brick masonry. Various stone types and sizes are present throughout the perimeter of the building.
4-18 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN General Design Requirements Basement Expansion Dead loads assumed for design of the structural frame and foundations In order to accommodate an upgraded mechanical system, the shall include the self-weight of structural elements and the following basement located at the southeast corner of the auditorium will need superimposed area loads (“psf” = pounds per square foot): to expand to the north to allow for a larger mechanical room. It is • Suspended ceiling, mechanical, electrical, and plumbing at roof expected that the new basement will be constructed with a concrete 10 psf slab on grade and reinforced concrete walls similar to the existing basement. Concrete for new slab and new walls to be normal weight Design live loads shall include the following superimposed, uniformly and achieve 4,000 psi compressive strength at 28 days. Based on the distributed area loads and concentrated loads: original drawings, the footings located in the area of the proposed • Mechanical Rooms 150 psf basement expansion are at a higher elevation than the footings of the existing basement. Consequently, if the current basement For the purpose of determining minimum wind and seismic design ! oor elevation of 591’-0” is expected to be maintained for the new loads, the building is classi" ed as Risk Category III. basement expansion, foundation elements will protrude above the basement ! oor. The protruding foundation elements vary from Wind design lateral load on the structural frame shall be based on a 2’-2”x2’-2”x12” plinth protruding 10 inches above the slab, to a an ultimate design 3-second gust wind speed equal to 115 mph, 3’-9”x3’-9”x33” footing protruding up to 15 inches above the slab. corresponding to an equivalent nominal design wind speed equal The depth of the foundation element above the slab is signi" cant to 89 mph. Wind Exposure Classi" cation is ‘B’ and Internal Pressure enough that it is unlikely that the footings or plinths can be cut to Coe# cient is ±0.18 for the enclosed building structures. match the ! oor elevation of 591’-0” without the structural integrity of Seismic lateral loads on the structural frame shall be based on a the foundation being compromised. If the protrusions are found to be Seismic Importance Factor equal to 1.00, Seismic Site Class D, and acceptable, the mechanical equipment may be placed accordingly to Seismic Design Category ‘A’. In general, seismic design loads will not avoid the foundation elements. control. Another alternative is to raise the ! oor elevation of the new basement Design snow loads on building structural frames shall be based on a slab to an elevation of 592’-3” in order to match the top of the highest Snow Importance Factor equal to 1.0 and a ground snow load of 5 psf. footing. Based on the original structural drawings, the clear height from the new basement slab to the underside of structure would be approximately 10’-3” at the beam locations or 11’-3” for a majority of the space to the bottom of the existing " rst ! oor slab. The bottom of the existing perimeter walls surrounding the basement expansion are at 597’-0” to the north and 594’-0” to the east, well above the ! oor of the new basement expansion. It is important to note that ideally the bottom of the new basement expansion should keep a clear distance following a slope of 1:1 to avoid undermining the existing perimeter walls. Based on the existing basement ! oor elevation of 591’-0” the clear distance north of the basement expansion would need to be 7’-7” and the clear distance east of the basement expansion would need to be 4’-7”. Based on the higher basement ! oor elevation of 592’-3”, the clear distance of 6’-6” north of the basement expansion and a clear distance of 3’-6” east of the basement expansion would be required.
SCHEMATIC DESIGN BOOK Narrative Assessment • May 2020 4-19 CIVIL
Site Access & Parking Fire Lane The Hogg Memorial Auditorium’s (HMA) front façade faces a parking Refer to page 3-12 for discussion regarding $ re lanes. lot to the east consisting of 15 handicap and van accessible spaces, and one reserved Physical Plant Space. The 15-foot wide sidewalk between Grading and Drainage the building and parking lot is interrupted by a ramp to the building’s The site will need to be re-graded to meet accessibility standards for Celebrated Entrance, several " ared curb ramps, bicycles chained to the all the new accessible parking, as existing slopes are non-compliant. parking sign poles, and is often obstructed by the line of eventgoers The existing site drains in two directions. The area immediately in front waiting to be let in or congregating after an event. Upon initial review, of the HMA drains to an existing grate inlet at the northeast corner University Unions elected to include the proposed scope of work below of the existing parking in front of the green house building. The grate within the scope of this project. inlet has a 6-inch rcp that is undersized for the area draining to it. The The Design Team recommends rearranging the parking in this area as area on the south side of Inner Campus Drive drains to the east and shown in the schematic diagrams and widening the sidewalk to create ultimately to turtle pond. It will be very di% cult to o# set for the slight a vehicle drop-o# zone and small patio area in front of the building. increase in impervious cover as a result of this project via detention due The patio area will permit ramped access to all three main entry doors, to limited space. reduce obstructions at the primary location of emergency discharge, improve event and emergency access to the front of the building, and Option B enhance the visibility of this historically signi$ cant campus building. A second option has been considered to provide an elevated plaza area The eight (8) handicap parking spaces nearest the building would be for more e% cient drop o# and pickup in front of HMA during events. removed; one (1) space would be added to the existing row of parking The existing handicap parking in front of HMA and the BOT would be spaces in front of the Biological Greenhouse (BOT) and seven (7) spaces eliminated, and 7 new handicapped spaces provided on the north side would be added on the north side of Flawn Academic Center (FAC) in of the FAC. This approach would allow for pavers to be utilized to o# set order to maintain the existing count of 15 total spaces in this lot. the increased impervious cover being added with the 7 new parking spaces. The same utility adjustments and ramp will need to be adjusted It should be considered that construction access and disturbances will as part of this approach to allow for the 7 new spaces. be signi$ cant during this civil speci$ c scope of work, in addition to the interior work. There are existing utilities in the area north of FAC that Exterior Lighting will need to be adjusted as part of the proposed improvements. There is also a concrete ramp to FAC that extends into the proposed parking Supplemental exterior lighting will be required in order to meet code area that will need to be eliminated or relocated. minimum requirements for safety. Due to the historic nature of the facade, site lighting is more desirable than building mounted $ xtures. Transportation Exit doors are required to have emergency and standard lighting at landings. Current lighting levels are inadequate. Landscape Services The University Parking & Transportation owns the parking spaces in asked to be noti$ ed of any work that will be done for trenching front of the Celebrated Entrance. These parking spaces can cause access / installing updated lighting. UEM reviews all exterior lighting issues during events, especially since bicycles are often chained to the improvements. parking signs. Additional bicycle racks are always a desirable amenity. The locations of the bike racks will be discuessed as design progresses. Landscape All parking is accessible in front of HMA. However, none of the parking is directly tied to HMA or the University Unions. This project provides Due to the limited space on the site, there is very little room to add an opportunity to recon$ gure the parking and entry to HMA, which is landscaping or plantings, and maintain close to the same number of highly desirable. Any site improvements would be captured under the accessible spaces as currently exist. A landscape island may be created scope and construction duration of this major renovation. with the new layout of the parking spaces and $ re lane. Within that island, plantings and trees may be installed with coordination with UT Landscape Services.
4-20 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Image 4-21a
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SCHEMATIC DESIGN BOOK Narrative Assessment • May 2020 4-21 Image 4-22a
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4-22 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN COMMUNICATIONS
The Technology Systems design approach for the University of Texas at Austin is based on UT Communications Construction and Design standards and building user input. The Information Transport Systems technology infrastructure for the project will include consulting, design, and Architectural/Engineering design team coordination for the following systems: • Backbone Cable Distribution System • Spaces and Pathways • Main Telecom Room Layout • Intermediate Telecom Room Layout • Racks, Patch Panels and Termination Blocks • Horizontal Cabling Distribution System for voice and data. • Information Outlet Locations • Communications Wiring Requirements for Voice and Data • Electronic Security, Access Control and Surveillance • Outside Plant (OSP) – building connectivity • Architectural, Electrical, and HVAC Considerations for Communications Systems • Wireless connectivity (Wi-Fi) for the interior building spaces • Coordinating with the AV and Security consultant for connectivity
Standards The most recent edition of the following standards was used: • ANSI/TIA/EIA-568-C: Commercial Building Telecommunications Cabling Standard, Part 1: General Requirements. • ANSI/TIA/EIA-568-C Commercial Building Telecommunications Cabling Standard, Part 2: Balanced Twisted-Pair Cabling Components. • ANSI/TIA/EIA-568- C.3- Part 3: Optical Fiber Cabling Components Standard. • ANSI/TIA/EIA-455-A-: Standard Test Procedures for Fiber Optic Cables. • ANSI/CEA S83-596-Fiber Optic Premises Distribution Cable. • ANSI/TIA/EIA-526-7-: Optical Power Loss Measurements Of Installed Single Mode Fiber Cable Plant-OFSTP-7. • ANSI/TIA/EIA-569-A-: Commercial Building Standards for Telecommunications Pathways and Spaces.
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SCHEMATIC DESIGN BOOK Narrative Assessment • May 2020 4-23 • ANSI/TIA/EIA-606-: The Administration Standard for the New & Existing Infrastructure Telecommunications infrastructure of Commercial Building. The technology infrastructure design approach for the Auditorium is • ANSI/TIA/EIA-607-: Commercial Building Grounding and Bonding based upon the requirements of the varying spaces within the facility. Requirements for Telecommunications. These spaces will require varying densities of information outlets • TIA/EIA 758-April: Customer-Outside Plant Telecommunications for data and voice communications. In addition, the design for the Cabling Standard. infrastructure is based upon DataCom Design Group’s varied experience, interviews with the Owner and Architect, existing conditions and site • ATSM Standards assessment as well as the Owner’s design/construction guidelines, • Texas Accessibility Standards (TAS) industry code and standards requirements. • ANSI/TIA/EIA-942 Draft June 17, 2004; Telecommunications Infrastructure Standard for Data Centers Incoming Fiber Service - Machine Room 010 Fiber service is provided by a 48 Strand Single Mode OSP (outside Abbreviations plant) rated fiber. The fiber enters the building below grade from the • ACEG: Alternating current equipment ground campus utility tunnel connecting to Flawn Academic Center. Fiber • BC: Bonding conductor service routes overhead to Machine Room 010 and is suspended in a figure eight service loop at north retaining wall. The OSP fiber • BCT: Bonding conductor for Telecommunications. Also called TBC transitions within a splice case mounted on the same wall to two (2) 24 (Telecommunications Main Bonding Conductor) strand plenum rated fiber cables. The plenum rated fiber is suspended • EF: Entrance facility by j-hooks and routes below Hogg Auditorium through the Plenum • ER: Equipment room Chamber and into BA1 IT Cabinet fiber enclosure. The BA1 IT Cabinet is mounted overhead in Stair S4.01 on the north wall. • GE: Grounding equalizer. Previously called TBBIBC (Telecommunications Bonding Backbone Interconnecting Bonding Conductor) Incoming Voice Service - Machine Room 010 • IDF: Intermediate Distribution Frame. Also called IC (Intermediate Voice service is provided by a 100 pair OSP rated copper which enters Closet) the building from the campus utility tunnel connecting to Flawn Academic Center. The 100 pair copper routes below Hogg Auditorium • MDF: Main Distribution Frame. Also called a MC (Main Cross- through the Plenum Chamber and is suspended by j-hooks to Stair Connect), BD (Building distributor), and in one building on a 4 S4.01. The OSP copper is transitioned to indoor cable at a splice campus, the BD is also the distributor for the campus, or CD case mounted on the north wall and terminates at the BET (building (Campus Distributor) entrance terminal) adjacent to the BA1 IT Cabinet for analog/voice • Star Topology: Physical architecture or topology of cabling such connectivity. that all cabling for a floor is routed back to an MDF or TR. In electrical terms, this is a parallel connection, rather than a series Incoming CATV Service - Dressing Room 009 connection. • TBB: Telecommunications bonding backbone CATV service is provided by an OSP rated ½” hardline cable which enters the building below grade into Dressing Room 009. The hardline • TGB: Telecommunications grounding bus bar cable is suspended overhead and routes over to a tap and splitter • TMGB: Telecommunications main grounding buss bar mounted on the north wall located in Stair 4 S4.01 below the BA1 IT • TR: Telecommunications room Cabinet. • Codes (Most recent edition of the following): New OSP Pathways • International Building Code (IBC), 2000 Edition New OSP conduit will be required per NEC to house outside plant rated • NFPA, including 101, Life Safety Code, 2000 Edition cabling entering the building. Existing OSP rated cabling extends • National Electrical Code (NEC/NFPA 70,), 2008 Edition beyond the allowed 50’ length before transitioning to plenum rated • National Electrical Safety Code (NES IEEE C2-1997) cable. The existing OSP rated analog voice copper and OSP rated fiber optic cable will need to be pulled back and secured inside new OSP • IEEE Std. 1100-1999 Recommended Practice for Powering and conduit and re-terminated, tested and labeled for service connectivity. Grounding Sensitive Electronic Equipment.
4-24 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Recent Upgrades and sizing. BA1 IT Cabinet and associated cable plant was upgraded recently in • All IT power requirements will be coordinated with the MEP. 2015. New access points with directional antennas were installed • The telecom rooms will have ground busbars as required by TIA/ overhead for enhanced wireless coverage throughout the auditorium. EIA and Owner. Horizontal cable serving voice and data is shown to be Category 5e and • No plumbing / mechanical piping or HVAC ductwork shall pass cables serving all wireless access points is Category 6A. The Projector thru the telecom rooms. Exception: Facilities, such as sprinkler Booth 302 and associated AV cabinets, overhead racking and cables is systems may be installed in the MDF/TR’s as new as well. • Required by NFPA and local code. Existing Telecom Enclosure • Drop ceilings are not permitted in Telecom Rooms (open slab to The BA1 IT enclosure is a wall mount lockable cabinet and contains a deck). 2RU fiber enclosure at top, one 24 port flat patch panel for voice, one • Adequate space around the telecom equipment racks (minimum 72 port angled patch panel for data/wireless, a 4RU horizontal cable 3 foot clear working space in the front and to the rear of the racks) manager, two 24 port switches and a 4RU UPS at the bottom. The BA1 to be provided for ventilation of network equipment and for IT Cabinet has approx. 6RU spare capacity and is nearly full. accessibility / service of the equipment racks. • The Main and Intermediate Telecom Rooms should be located Existing Security Panel away from mechanical rooms to minimize interference with the Security data gathering panels are located on the north wall below main HVAC ducts. Stair 4 S4.01 and appear to have spare capacity. • Space will be allocated within the Main and Intermediate Telecom Rooms for wall mounted equipment, distribution cabling, and Technology Infrastructure Design Assumptions customer support equipment. The design for the technology infrastructure to support new and • Cable tray and conduit pathways will be installed along hallways existing voice, data, Electronic Security, AV, and Outside Plant systems and corridors to facilitate the distribution of the horizontal cabling will be based upon: serving the workstation outlets. • UT Design Standards • The copper cable termination scheme will be a T568B wire • The most current versions of ANSI/TIA/EIA standards for configuration. commercial buildings. • The optical fiber riser cabling and horizontal data cabling will be • BICSI Telecommunications Distribution Methodologies as defined terminated on rack mounted modular termination panels. by the TDMM. • Horizontal cable will be 4-pair Category 5e plenum rated UTP for • Industry Best Practices. voice and data and Category 6A for wireless service. • Backbone copper cable will be multi-pair plenum rated UTP The Primary Terminal Room Facility (MDF) will serve as the interface for (Category 3 minimum). service providers and as the main distribution point for incoming cable • Single mode optical fiber backbone cable to be installed between that supports the building and external areas. Main and Intermediate Telecom rooms. • All IT power requirements will be coordinated with MEP. • Test results for all cables types complying with current TIA/EIA • Equipment electrical outlets to serve rack mounted equipment standards shall be provided. power strips. • All horizontal cabling shall be homerun from the Main or • Emergency electrical panel board serving this room is required to Intermediate Rooms to the workstation location. be located within the room.
Telecom Room (TR) design considerations: • Horizontal cable length should not exceed 270 feet to the most remote infromation outlet. Consideration is provided for amount of allowable cable slack at the telecommunication outlet and Telecom Room. Maximum cable length requirements of 295 feet will assist in the determination of the Telecom Room placement
SCHEMATIC DESIGN BOOK Narrative Assessment • May 2020 4-25 SECURITY
Wiring termination in the Telecom Rooms will be as follows: The project will have electronic security systems including, but • Data and voice copper cabling will be terminated on rack not limited to, access control, intrusion detection, duress call, and mounted 8-position 8-contact (8P8C) modular insulation surveillance. The goal of this document will be to list the major displacement type termination Category 5e/6A patch panels. The functional areas within the facility and to provide a description of the design shall provide for a minimum of 20% spare capacity for systems. expansion. The contents of this document are critical to the security of the project • Copper and Fiber Backbone cables shall terminate on rack or wall and are considered confidential. This information shall not be disclosed mount fields as designated. to anyone other than authorized personnel.
Telecommunications Cable Distribution Provide complete turnkey electronic security systems and sub-systems including: • Pathways to utilize conduit and/or J-hooks from each telecom room to the corridors to provide conveyance to each workstation • Electronic Access Control: This system replaces the typical outlet. 1-1/4” EMT conduit (or equivalent) shall be provided mechanical key controlled door lock with a door locking system from the accessible ceiling to the workstation outlet back box. that uses an access card as the access credential. The system 1-1/4” EMT conduit (or equivalent) shall be provided from the includes an electric door-locking mechanisms, card reader located workstation outlet back box stubbed up to above accessible adjacent the door, door status sensor, door prop alarm and a ceiling for J-hook system. request to exit device. Typical system configuration is card or schedule controlled entry with free exiting. • J-hooks shall be supported at 48” to 60” maximum intervals. • Intrusion Detection System: This system monitors areas for • Conduits with pull-strings or solid-bottom cable tray and an unauthorized entrance or intruder. This system can consist of adjacent access hatches shall be installed where solid ceilings are motion sensors, door status sensors, glass break sensors and one installed, so as to provide accessibility. or more control keypads. The keypad is used to arm/disarm system by entering a numeric code on the keypad. Telecommunication Outlets / User Locations • Duress Button: These buttons, also known as panic buttons, are • Conduit from cable tray and associated back box shall be properly installed in locations where potential personal safety or security grounded. threats exist. Depressing the button sends a silent priority alarm • Some outlets may require more cables than the typical signal to UTPD with location and specific alarm information. The configuration and conduits and back boxes may need to be panic button is usually located in the knee space underneath a adjusted. desk or service counter. • Some outlets may require a junction box where cables are pulled • Video Surveillance: This system provides electronic surveillance through to modular furniture outlets through the cable spline of using high-resolution, Internet Protocol (IP) cameras; monitoring the furniture. security sensitive areas for alarm assessment, and forensic investigations.
Scope of Work The project includes design and coordination for the following Electronic Security Infrastructure sub-systems: • Horizontal Distribution System • Spaces and Pathways • Device Wiring Requirements for Security • Security Racks, Patch Panels and Termination Blocks • Mechanical Locking Systems
4-26 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Requirements Design Assumptions The electronic security design approach for the project is based on the Surveillance cameras will be located to provide situational awareness requirements of the varying spaces within the affected area. While throughout the facility for forensic review and alarm assessment. some areas will have similar spaces, there will be specific requirements for the arrangement of security monitoring / control equipment. The Internet Protocol (IP) cameras will provide: The design scheme for the Electronic Security Infrastructure is based on View activity and people in entryways and elevator lobbies, with the following general requirements: sufficient resolution to make personal identification • Federal, State, and Local codes, regulations and ordinances • View activity at stairwells, duress buttons and emergency phones • NFPA 101: Life Safety Code • Security significant area activity • NFPA 730: Guide for Premises Security Video images will be stored for forensic review • NFPA 731: Standard for the Installation of Electronic Premises • Cameras will record on detection of motion or detection of an Security alarm in the area • Underwriters Laboratory and American National Standards • Video images will be available for 30 days based on reasonable Institute (UL/ANSI) Applicable Standards estimates of activity in the facility • Telecommunications Industry Association (TIA) Applicable The Access Control and Video Surveillance systems will be compatible Standards with and connected to the existing systems. • BICSI Electronic Safety and Security Design Reference Manual Building infrastructure will be designed with pathways and spaces that (ESSDRM) shall support state-of-the-art security applications. • The University of Texas at Austin standards for Security Systems Security cabling terminations shall be in wall mounted panels or rack The design scheme will also include specific criteria including: mounted equipment. • Security Connectivity Grounding and bonding will be to a single referent point. • The security horizontal cabling shall be terminated in wall mounted data gathering panels on each floor in designated, Conclusions conditioned, secure rooms. • The security cabling system standard shall be a minimum of In order to prepare for the Construction Document phase of the project, four (4) conductors to each device and a minimum of eight (8) DataCom Design Group requests your input on our initial design conductors to card readers. approach. We will coordinate closely with the owners and other design team members to ensure a complete and complementary design. The • All security device wiring shall be home run from the head end next steps in our process are as follows: panels (point of termination) to the security device location (point of origin). • Refine and finalize locations for the access control, alarm, and surveillance devices. • Network surveillance video shall be run from the cameras (point of origin) to the head end equipment on a cabling distance basis. • Refine and finalize connectivity and locations of security consoles Connectivity shall be on Category 5e. control and monitoring equipment. • Meet with Security and Information Technology groups to receive additional information and discuss options. • Receive plans, such as elevations and room layouts when available. • Coordinate with the MEP on all drawings and on connectivity of systems.
SCHEMATIC DESIGN BOOK Narrative Assessment • May 2020 4-27 AUDIO VISUAL
Systems Requirements should be available at the various locations around the stage and at the sound booth, as well as any auxiliary locations at the back and front of The primary function of AV technology is to support the University house. of Texas at Austin’s mission by leveraging its capabilities to facilitate the exchange of ideas and information among faculty, students, The front-of-house sound booth will provide the central point of AV researchers, administrative personnel, and visitors to the facility. The system control. The existing control system will remain, but it will be most successful AV systems will integrate technology with a level reprogrammed to accommodate new equipment and functionality. of sophistication and transparency that encourages users to focus Intercom, both wired and wireless, will provide technical staff the primarily on presentation content instead of the method with which ability to communicate during performances and events. that content is delivered. AV system and infrastructure design should Infrastructure capitalize on proven technology in addition to accommodating growth and the development of future technology. Infrastructure is part of the building installed facilities. AV infrastructure refers to the necessary base building installation such as General Description power outlets, conduit, junction boxes, projection screens, etc., needed Properly designed sound systems supporting program audio and to make a room functional with regards to audiovisual and supporting speech reinforcement, as well as good acoustics, are intrinsic to telecommunication services. maintaining intelligibility. Event participants must be able to not Infrastructure items are not necessarily part of the AV specifications. just hear program audio and speech reinforcement, but understand They are specified by the architectural and engineering design team it clearly as well. Audio system design should follow industry and are furnished and installed by the general contractor and sub- standards for appropriate coverage and other applicable performance contractors as part of the base building. Infrastructure items are not requirements. Assistive listening capabilities will be maintained in the included in the AV contractor’s scope of work. facility as directed by the supporting documents listed above and ADA The A/E team should give special consideration to lighting, mechanical, requirements. electrical, structural, architectural, interior and other technology The display standard for this project will continue to be front projection system designs to provide optimal environmental conditions for AV with a flown screen at the stage and flat panel displays in supporting systems. Specific infrastructure considerations are detailed below: areas. The type and quantity of displays per room will depend on each room’s size and functional requirements. User signal interfaces will provide connections to media sources as needed, including inputs for digital audio and video. User interfaces
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4-28 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Lighting • Blocking should be included as a support system for wall- mounted AV equipment including: projection screens, flat panel • Special consideration must be given to determine how to balance displays, monitors, video cameras, loudspeakers, and small the control of ambient light—both direct and indirect—with the equipment racks. stated use for each room. • Pendant-type lighting included in AV spaces with front projection Architectural must be carefully coordinated to eliminate conflicts with the • AV-enabled room dimensions that exceed a 2:1 ratio of width projectors’ light paths. to height or height to width may introduce challenges to media Mechanical viewability and should be avoided where possible. • Seating design should consider optimal sightlines for viewing • Rooms and closets designed to support AV equipment racks must images on projection screens and flat panel displays and should include supply air from the building’s HVAC system to maintain not include positions that exceed 45 degrees horizontally off the proper operating temperature of all AV electronics. display’s center axis. • Plenum ceiling spaces above ceiling mounted projectors should • Certain AV enabled rooms will require the support of full-size remain clear from finished ceiling to deck. equipment racks which require 36 inches of front and rear access. Electrical Interiors • AV pathways shall be part of the electrical building scope. • Light reflectivity at the floor and horizontal furniture surfaces • All spaces that require AV conduit (not trays) will have a large and busy or detailed floor patterns may adversely affect centralized A/V pull box above in an accessible location. This video captured for distance learning and videoconferencing. infrastructure will be provided by the electrical contractor. Coordination among interior design team should consider • Centralized AV pull box will have conduits out to technology cable minimizing such design features. tray. • Floor boxes and poke-thrus may be provided beneath tables, • The power for all AV equipment should be from dedicated AV lecterns, and other locations in presentation spaces. Coordination system circuit breaker panels. A “Star” ground configuration between these devices and furniture is important to maintain should be properly implemented. All ground wires from each accessibility to these cable paths and connectors. outlet are isolated from conduit, neutrals, and each other, and • Millwork with AV equipment requires proper sizing, ventilation are each “home-run” back to the dedicated breaker panel for AV (including either active or passive), access and cable systems. All power outlets should be isolated-ground outlets. management. Sliding and rotating equipment racks can be used This includes any floor box or wall outlet which will power AV in millwork without rear access. equipment and computers used for display on any AV system. • Furniture with AV interfaces such as touch panels, source inputs, AV racks will be bonded with #4 AWG green insulated bonding and wired microphones should be coordinated to match finishes conductors from ground bus bars placed above the AV racks to the and accessibility that meets user needs. dedicated electrical panel for the AV components. The electrical panel must be bonded to the main electrical service panel which Equipment will be bonded to the main grounding electrode system. Datacom Equipment refers to particular AV devices which have specific costs Design Group will provide estimated anticipated thermal and and capabilities associated with them. Equipment can be thought of power loads for the equipment once user input and design are as furniture, projectors, racks, etc. Cable is also considered part of the finalized. equipment package because selection of specific AV system elements Structural will govern which type of cable will be used (i.e. coaxial, twisted pair, etc.). • Building vibration is detrimental to the quality of projected images and video captured by cameras. Mechanical building This project will primarily consist of replacing obsolete or deficient designs should include measures to limit such effects. components of the existing system. Priority will be given to updating the main sound system.
SCHEMATIC DESIGN BOOK Narrative Assessment • May 2020 4-29 Sound System walls and ceilings, these speakers will have to be surface mounted with at least some raceway exposed. The existing sound system is approximately four years old. It includes systems for the auditorium (audience area), front of house booth, • Upgrade the FOH mixing console to a Yamaha Rivage PM10 and projection booth, and back of house areas. The auditorium is serviced the monitor console to a Yamaha CL5 and try to eliminate some by two audio systems: the main system and the surround sound of the analog tie-lines. The Midas Heritage D will be considered system. Making improvements to the main system is the primary focus should either of the Yamaha consoles be out of production by for the audio portion of this renovation. installation. Existing Conditions and Deficiencies of the Main Sound System • Add press feed connection plates to avoid cable runs over-floor from the console to the press area. • The loudspeaker arrays are hung inside the proscenium which is causing feedback when someone who is miked is speaking at Video System the front area of the stage. The arrays are also interfering with production/theatrical lighting. The existing video system is approximately four years old. It includes a large projection system for the auditorium (audience), a wall mounted • The loudspeaker arrays are dead hung making maintenance confidence monitor for the stage at the back of the auditorium, difficult. monitors at the front of house booth, and a wall hung monitor at the • The current catwalk is located where the loudspeaker arrays need Green Room. Making improvements to the large projection system is to be hung. the primary focus for the video portion of this renovation. • The subwoofers are located under the stage and are too far apart Existing Conditions and Deficiencies reportedly causing audible anomalies. • The system is audibly underpowered. • A large fixed screen is hung from one of the front line sets at the stage and uses a single speed motor to be lowered into • The current mixing console is digital with many analog tie lines. position. A Barco cinema projector is located at the projection Proposed Improvements and Additions booth. The projection system was implemented with the thought that the space would be used for movie screenings. This has • Main System Loudspeaker Arrays rarely happened since the system was installed. The Barco is an inflexible projector (i.e. limited lens selection and shift capability) • The base improvement is to ensure the new catwalk does not that is making the system more difficult to use for other, non- impede hanging future new loudspeaker arrays outside of movie events. the proscenium, flush with the front of the stage. • The desired improvement is to provide new, motorized d&b Proposed Improvements and Additions V system loudspeaker arrays outside of the proscenium, flush • Replace the Barco projector with a more flexible, portable, non- with the front of the stage. The individual cabinets in the cinema Barco laser projector; ensuring greater lens selection and arrays would be identical, if possible, for easier maintenance shift and keystone correction adjustability. Projector to have and stocking spares. Also, the desire is to be able to remove HDBaseT input cabinets to use in other spaces for special events. • Relocate main system subwoofers and upgrade to d&b SL • Add a rack mounted Cinema (DCP) server with digital outputs to subwoofers. meet movie showing requirements. • Evaluate if the current main system processing components (i.e. • Add rear projection at the stage (using the portable projector power amplifiers) are sized appropriately. If so, adjust the system listed above). to get more volume out of the loudspeakers around the room. • Add wall mounted flat panel displays at the lobby for displaying a Re-EQ/balance the system and adjust delays as necessary to get camera feed from the auditorium. (Note: the camera is already in peak performance from the existing system. If not, add or replace the system.). amplifiers as necessary. • Add wall mounted flat panel displays at the stage level back-of- • Add speakers to the vestibule and lobbies. Given there are plaster house area and in the green room.
4-30 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN • Properly wall mount the existing green room flat panel Proper sound isolation for the auditorium should be maintained display. through the existing wall and renovated roof construction. The existing windows are boarded up and should be re-caulked. The Auxiliary Systems Proposed Improvements and Additions existing window drapes will be replaced with similar quality. The • Throughout the facility there are analog tie-lines for various existing seating will be replaced with upholstered chairs with padded audio, video and intercom connections. Digital tie-lines seats. The curtains at the entry into the auditorium do not provide are wanted from the booths to the catwalk and stage for adequate isolation between the auditorium and the lobby gathering microphones, DM video, etc. These tie-lines should be both space. The entry will be reconfigured to allow double swing doors with shielded CAT6 and fiber with a minimum of four (4) CAT6 acoustically integrated gaskets. lines on each side of the stage and at the side stage garage Sound-Rated Assemblies and two (2) fiber lines each at the garage, under stage, and stage right. In order to maintain proper isolation in a learning environment, the entry doors must provide an effective seal against sound transmission. • The front of house booth is currently under the balcony. This Sound-rated door assemblies include specially constructed doors, should optimally be located out from under the balcony in frames and integral seals, all of which are manufactured as a unit. For the audience seating area on orchestra level. The existing applications where Sound Transmission Class (STC) ratings are greater rolltop desk will ideally be replaced with a fixed counter that than about STC-50, sound-rated doors are essential. Typical sound- has rack space underneath, rated doors are 1-3/4” to 2-1/2” thick, and can be obtained with two • The current intercom system is an analog system. This will types of seals; magnetic and compression. The type of frame used with be replaced with a digital system. The current wireless a sound-rated door assembly varies. Some manufacturers employ a intercom system will remain and is to expand for use in the split-frame design, which allows the frame to be installed into a rough- lobby. in wall opening after the wall is constructed. Other manufacturers assemble and adjust the door leaf, frame, acoustic seals, hinges and • The existing control system will need to be reprogrammed associated hardware at the factory and ship the door assembly as one to accommodate the replaced/new equipment and piece, so they must be installed while the walls are going up. Sound- functionality. rated door frames in drywall partitions should be filled with mineral fiber blankets, and the frame should be sealed to the wall and floor • The current surround sound center channel speaker is on a with a continuous bead of acoustical caulk around the entire perimeter. portable cart. A point source cabinet is preferable. Specific recommendations include: • The current stage monitors are JBL; replace with d&b M4 • Do not specify latching hardware or panic bars stage monitors. • Provide a solid raised threshold set in sealant at the base slab. • Sharing components of the auditorium systems with other Sealing against carpet or any material which is not even, rigid, spaces (e.g. the Union ballroom) is highly desired. As such, and smooth is not acceptable. the amplifiers should be in road cases with clean disconnects • Provide heavy-duty adjustable closers. Even if cam-lift hinges are for portability. provided (and are intended to be self-closing), they usually need to be pulled closed the last inch or two to complete the seal to the ACOUSTICS frame unless a closer is added.
The building shell is the primary means of isolating the auditorium Acoustical Wall Panels from the acoustical environment around the building including rain noise, service trucks and backup horns in the nearby alley. Maintaining Acoustical wall treatment is recommended to be fabric-wrapped the sound isolation is a primary focus for the acoustical portion of this fiberglass or mineral wool wall panels. Panels should be non-impact- renovation. resistant units with 6.0 to 7.0 pcf core material. Edges are available in several styles including square, chamfered, beveled, rounded, etc. An open weave fabric covering can be supplied in nearly any color or pattern.
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4-32 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN PROJECT SPECIFICATIONS 5
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5-2 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN TABLE OF CONTENTS
Division 00 - Procurement and Contracting Requirements Division 02 - Existing Conditions 00 00 00 a Uniform General Conditions 02 41 13 Site Demolition 00 00 00 c Prevailing Wage Determination 02 41 19 Selective Demolition 00 01 02 Professional Service Provider Information Sheet 02 42 96 Historic Removal and Dismantling 00 01 07.00 Architect of Record Certification 02 82 13 Abatement of Asbestos Containing Build Materials 00 01 07.01 Civil Certification (ACBM) and Hazardous Material Removal 00 01 07.02 Structural Certification 00 01 07.03 Mechanical & Plumbing Certification Division 03 - Concrete 00 01 07.04 Electrical Certification 03 20 00 Concrete Reinforcing 00 01 07.05 Communications / AV / Security / Acoustics 03 30 00 Cast - In - Place Concrete Certification 03 33 00 Architectural Concrete 03 30 53 Miscellaneous Cast-In-Place Concrete Division 01 - General Requirements 03 54 16 Hydraulic Cement Underlayment 01 10 00 Summary 01 25 00 Substitution Procedures Division 04- Masonry 01 25 01 Substitution Request Form 04 03 10 Historic Masonry Cleaning 01 26 00 Contract Modification Procedures 04 03 42 Historic Stone Masonry Repair 01 31 01 Project Management and Coordination 04 03 43 Historic Stone Masonry Repointing 01 33 00 Submittal Procedures 01 35 23 Project Safety Procedures Division 05 - Metals 01 35 91 Historic Treatment Procedures 05 50 00 Metal Fabrications 01 42 00 References 05 52 13 Pipe and Tube Railings 01 50 00 Temporary Facilities and Controls 05 73 00 Decorative Metal Railings 01 56 39 Temporary Tree and Protection 01 57 13 Temporary Erosion and Sedimentation Control Division 06 - Wood, Plastics and Composites 01 57 23 Temporary Storm Water Pollution Controls 06 03 12 Historic Wood Repair 01 60 00 Product Requirements 06 10 53 Miscellaneous Rough Carpentry 01 73 00 Execution 06 20 23 Interior Finish Carpentry 07 74 19 Construction Waste Management 06 41 13 Wood-Veneer-Faced Architectural Cabinets 01 77 00 Closeout Procedures 06 42 16 Flush Wood Paneling 01 78 39 Project Record Documents 01 81 13 LEED Requirements 01 81 19 Indoor Air Quality 01 91 13 Commissioning
SCHEMATIC DESIGN BOOK Project Specifications TOC • May 2020 5-3 Division 10 - Specialties Division 07 - Thermal and Moisture Protection 10 14 00 Signage 07 01 50.19 Preparation for Re-Roofing 10 14 01 Signage - UT Standards 07 13 00 Sheet Waterproofing 10 14 19 Dimensional Letter Signage 07 22 00 Roof Insulation 10 14 23 Panel Signage 07 32 13 Clay Roof Tiles 10 26 00 Wall and Door Protection 07 50 00 Roofing Special Requirements 10 28 00 Toilet, Bath, and Laundry Accessories 07 55 52 Modified Bituminous Protected Membrane Roofing 10 44 13 Fire Protection Cabinets 07 62 00 Sheet Metal Flashing and Trim 10 44 16 Fire Extinguishers 07 72 00 Roof Accessories 07 84 13 Penetration Firestopping Division 11- Equipment 07 84 43 Joint Firestopping 11 13 13 Loading Dock Bumpers 07 92 00 Joint Sealants 11 61 00 Theatrical Lighting Systems 07 92 19 Acoustical Joint Sealants 11 61 33 Theatrical Rigging Systems
Division 12 - Furnishings Division 08 - Openings 12 36 61.19 Quartz Agglomerate Countertops 08 03 51.23 Historic Treatment of Steel Windows 12 61 00 Fixed Audience Seating 08 11 13 Hollow Metal Doors and Frames 08 14 33 Stile and Rail Wood Doors Division 14 - Conveying Equipment 08 31 13 Access Doors and Frames 14 43 00 Platform Lift 08 34 73 Acoustical Door Assemblies 08 41 13 Aluminum-Framed Entrances and Storefronts 08 71 00 Door Hardware Division 22 - Plumbing 08 80 00 Glazing 22 00 00 Basic Plumbing Requirements 22 05 23 General Valves for Plumbing Piping Division 09 - Finishes 22 05 53 Plumbing Identification 09 03 20 Historic Treament of Plaster 22 07 19 Plumbing Piping Insulation 09 03 94 Historic Treatment of Decorative Painting 22 10 23 Plumbing Pumps 09 22 16 Non-Structural Metal Framing 22 11 00 Facility Water Distribution 09 26 13 Gypsum Veneer Plastering 22 13 00 Facility Sanitary Sewerage 09 29 00 Gypsum Board 22 13 19 Plumbing Specialties 09 30 13 Ceramic Tiling 22 30 00 Plumbing Equipment 09 51 13 Acoustical Panel Ceilings 22 40 00 Plumbing Fixtures 09 65 13 Resilient Base and Accessories 09 65 19 Resilient Tile Flooring 09 68 13 Tile Carpeting 09 68 16 Sheet Carpeting 09 84 33 Sound-Absorbing Wall Units 09 84 36 Sound-Absorbing Ceiling Units 09 91 13 Exterior Painting
5-4 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Division 26 - Electrical Division 23 - HVAC 26 00 00 Basic Electrical Requirements 23 00 00 Basic Mechanical Requirements 26 01 26 UEM Standard - Electrical Testing 23 05 13 Motors 26 05 00 Common Work Results for Electrical 23 05 23 Valves for HVAC 26 05 13 Medium Voltage Cables 23 05 29 Sleeves, Flashings, Supports and Anchors 26 05 26 Grounding and Bonding for Electrical Systems 23 05 48 Vibration Isolation 26 05 33 Raceway and Boxes for Electrical Systems 23 05 53 Mechanical Identification 26 05 43 Underground Ducts and Raceways for Electrical Systems 23 05 93 Testing, Adjusting and Balancing 26 05 53 Identification of Electrical Systems 23 05 94 System Preparation for Testing, Adjusting and Balancing 26 05 73 Power System Studies 23 07 00 Mechanical Insulation (UEM) 26 05 83 UEM Standard - Wire Connections and Devices 23 07 13 Ductwork Insulation 26 09 23 Lighting Control Devices 23 07 16 Equipment Insulation 26 10 00 MV Electrical Transmission 23 07 19 Piping Insulation 26 12 13 UEM Standard - Main Distribution Transformers 23 07 19.A Piping Insulation (UEM) 26 13 19 UEM Standard - 15KV Metal-Clad Switchgear 23 09 23 Direct Digital Control Systems 26 20 00 LV Electrical Transmission 23 21 13 Hydronic Piping and Fittings 26 22 13 Low Voltage Distribution Transformers 23 21 13.A Piping and Valves (UEM) 26 23 13 UEM Standard - Metal-Enclosed Distribution Switchgear (600 VAC) 23 21 23 Hydronic Pumps 26 27 26 UEM Standard - Wiring Devices 23 21 23.A Centrifugal Pumps (UEM) 26 51 13 Interior Lighting 23 22 00 Stream and Condensate Piping and pumps 23 29 00 Variable Frequency Drives Division 27 - Communications 23 31 00 Ductwork 27 00 00 Communications 23 33 00 Ductwork Accessories 27 05 26 Grounding and Bonding 23 34 16 HVAC Fans 27 05 28 Pathways 23 36 00 Air Terminal Units 27 11 00 Communications Room Fittings 23 37 00 Air Inlets and Outlets 27 13 00 Backbone Cabling 23 41 00 Particular Air Filtration 27 15 00 Horizontal Cabling 23 57 00 Heat Exchangers 23 73 00 Indoor Air Handling Units
SCHEMATIC DESIGN BOOK Project Specifications TOC • May 2020 5-5 Division 28 - Electronic Safety and Security 28 00 00 Electronic Security 28 10 00 Access Control and Intrusion Detection 28 23 00 Video Surveillance 28 26 00 Emergency Intercom and Duress
Division 32 - Exterior Improvements 32 01 90 Operation and Maintenance of Planting 32 12 16 Asphalt Paving 32 13 13 Concrete Paving 32 14 00 Unit Paving 32 17 13 Parking Bumpers 32 17 23 Pavement Markings 32 84 00 Planting Irrigation 32 91 13 Soil Preparation 32 92 00 Turf and Grasses 32 93 00 Plants
Division 32 - Exterior Improvements 33 14 16 Facility Water Distribution 33 31 13 Facility Sanitary Sewers 33 41 00 Storm Utility Drainage Piping
5-6 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN BASIC DATA FORM 6
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6-2 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Hogg Memorial Auditorium Major Renovation MayMarch 21, 26, 2020 2020 2300 Whitis Road, Austin, Texas CP685851
24,992 SF Existing to remain
Existing Existing
Existing Existing Existing
TBD TBD
Existing Existing
Existing Existing 97 165.6 Central plant chilled water
Chilled water N/A N/A The facility is existing and is being renovated. Total load on the plant will not change and may decrease with the renovation
800 890 N/A Central plant steam to heating hot water heat exchanger
Steam N/A N/A The facility is existing and is being renovated. Total load on the plant will not change and may decrease with the renovation
(2) Single zone variable air volume (2) Multi zone variable air volume 4 22,580
5 0.06
1,200 CFM 7,700 CFM
66 83 21.5 Existing
1.5 37.5 1 17.5 10.78 269.4 2.9 72.1 LEED STRATEGY AND CHECKLIST 7
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7-2 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN LEED Feasibility CERTIFICATION OVERVIEW MINIMUM PROJECT REQUIREMENTS
Based on the project scope and building type, the HMA Major The USGBC requires certain base criteria be met in order to attempt Renovation project would be eligible to achieve LEED certification certification. Below are the Minimum Project Requirements to apply through the Operations + Maintenance v4.1 for Existing Buildings for LEED v4 Existing Buildings: Operations & Maintenance certification. (LEED EB: O+M). The University would like to understand the level of effort required to achieve certification within the scope of this Major Renovation. 1. MUST BE IN A PERMANENT LOCATION ON EXISTING LAND LEED offers four certification levels: All LEED projects must be constructed and operated on a permanent location on existing land. No project that is designed to move at any • Certified point in its lifetime may pursue LEED certification. This requirement • Silver applies to all land within the LEED project. • Gold 2. MUST USE REASONABLE LEED BOUNDARIES • Platinum The LEED project boundary must include all contiguous land that is Based on our preliminary assessment, it would be possible to achieve associated with the project and supports its typical operations. This LEED Certified within the scope of the Major Renovation without includes land altered as a result of construction and features used significant budget increase. Any higher certification levels could begin primarily by the project’s occupants, such as hardscape (parking to significantly impact the budget. A project team meeting with PMCS and sidewalks), septic or stormwater treatment equipment, and and UU is scheduled during Schematic Design to review credits that landscaping. require owner action and attach or assign submittal deadlines to each. The LEED boundary may not unreasonably exclude portions of the building, space, or site to give the project an advantage in The following spread is a preliminary checklist for the Existing Building complying with credit requirements. The LEED project must accurately Operations + Maintenance certification. The design team assessed the communicate the scope of the certifying project in all promotional and feasibility of each credit to complete the preliminary checklist. Two descriptive materials and distinguish it from any non-certifying space. types of credits are distinguished by the colored dots noted below: 3. MUST COMPLY WITH PROJECT SIZE REQUIREMENTS • Credit would require internal discussion and input on policies and The LEED project must include a minimum of 1,000 square feet of gross management plans from UT floor area.
• Credit would impact the budget
SCHEMATIC DESIGN BOOK LEED Strategy & Checklist • May 2020 7-3 LEED v4 for Operations & Maintenance: Existing Buildings Project Checklist
Y ? N 3 12 0 Location and Transportation 15 3 12 Credit Alternative Transportation 15
3 6 1 Sustainable Sites 10 Y Prereq Site Management Policy Req'd 2 Credit Site Development-Protect or Restore Habitat 2 3 Credit Rainwater Management 3 1 1 Credit Heat Island Reduction 2 1 Credit Light Pollution Reduction 1 1 Credit ● Site Management 1 1 Credit ● Site Improvement Plan 1
6 3 3 Water Efficiency 12 Y Prereq Indoor Water Use Reduction Req'd Y Prereq Building-Level Water Metering Req'd 1 1 Credit Outdoor Water Use Reduction 2 3 2 Credit Indoor Water Use Reduction 5 3 Credit Cooling Tower Water Use 3 2 Credit Water Metering 2
2 13 17 Energy and Atmosphere 38 Y Prereq Energy Efficiency Best Management Practices Req'd Y Prereq Minimum Energy Performance Req'd Y Prereq Building-Level Energy Metering Req'd Y Prereq Fundamental Refrigerant Management Req'd 2 Credit ● Existing Building Commissioning— Analysis 2 2 Credit ● Existing Building Commissioning—Implementation 2 3 Credit ● Ongoing Commissioning 3 2 3 15 Credit Optimize Energy Performance 20 2 Credit Advanced Energy Metering 2 1 2 Credit ● Demand Response 3 Credit ● Renewable Energy and Carbon Offsets 5 Credit Enhanced Refrigerant Management 1
3 5 0 Materials and Resources 8 Y Prereq Ongoing Purchasing and Waste Policy Req'd Y Prereq Facility Maintenance and Renovations Policy Req'd 1 Credit ● Purchasing- Ongoing 1 1 Credit ● Purchasing- Lamps 1 2 Credit ● Purchasing- Facility Maintenance and Renovation 2 1 1 Credit ● Solid Waste Management- Ongoing 2 2 Credit ● Solid Waste Management- Facility Maintenance and Renovation 2
7-4 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN 2 9 5 Indoor Environmental Quality 17 Y Prereq Minimum Indoor Air Quality Performance Req'd Y Prereq Environmental Tobacco Smoke Control Req'd Y Prereq ● Green Cleaning Policy Req'd 2 Credit ● Indoor Air Quality Management Program 2 1 Credit Enhanced Indoor Air Quality Strategies 2 1 Credit Thermal Comfort 1 1 1 Credit Interior Lighting 2 4 Credit Daylight and Quality Views 4 1 Credit ● Green Cleaning- Custodial Effectiveness Assessment 1 1 Credit ● Green Cleaning- Products and Materials 1 1 Credit ● Green Cleaning- Equipment 1 2 Credit ● Integrated Pest Management 2 1 Credit ● Occupant Comfort Survey 1
5 1 0 Innovation 6 4 1 Credit Innovation 5 1 Credit LEED Accredited Professional 1
2 2 0 Regional Priority 4 1 Credit Regional Priority: Optimize Energy Performance (Threshold: 5) 1 1 Credit Regional Priority: Light Pollution Reduction (Threshold: 1) 1 1 Credit ● Regional Priority: Site Management (Threshold: 1) 1 1 Credit Regional Priority: Outdoor Water Use Reduction (Threshold: 1) 1
26 51 26 TOTALS Possible Points: 110 77 Certified: 40-49 points Silver: 50-59 points Gold: 60-79 points Platinum: 80+ points
SCHEMATIC DESIGN BOOK LEED Strategy & Checklist • May 2020 7-5 LOCATION & TRANSPORTATION SUSTAINABLE SITES
Alternative Transportation Site Management Policy (Prerequisite) To reduce pollution and land development effects from automobile use for To preserve ecological integrity and encourage environmentally sensitive transportation. site management practices that provide a clean, well-maintained, and safe building exterior while supporting high-performance building A transportation survey will need to be conducted of the building operations and integration into the surrounding landscape. occupants to understand their transportation patterns. One point is earned by conducting this survey. All regular building occupants A site management plan will need to be created and implemented must be surveyed. Since the typical visitor peak and daily average of to employ the best management practice to reduce harmful chemical occupants is greater than the regular building occupants, visitors must use, energy waste, water waste, air pollution, solid waste an be surveyed as well. The survey must be conducted at least once every chemical runoff. The University likely has a management plan already five years. implemented that can be submitted for this prerequisite. The results of the survey will indicate the percent of building occupants that use alternative transportation to visit HMA. Below is the table of The following Documentation must be provided by UT: percentages that correlates to a specific point value. 1. Site management policy document 2. Justification for operational elements not included in policy Alternative Alternative Points Points Transportation Rate Transportation Rate 10% 3 45% 10 Site Development - Protect or Restore Habitat To conserve existing natural areas and restore damaged areas to provide 15% 4 50% 11 habitat and promote biodiversity. 20% 5 55% 12 Depending on how the LEED site boundary is determined based on 25% 6 60% 13 the scope of work, this credit may be easily obtained based on an area 30% 7 65% 14 calculation. To achieve, native or adapted vegetation must be on at 35% 8 70% 15 least 20% of the total site area and a minimum of 5,000 square feet. 40% 9 Rainwater Management Alternative transportation strategies that contribute include walking, To minimize effects on microclimates and human and wildlife habitats by biking, public transit, telecommuting, informal transit options, reducing heat islands. compressed workweeks, carpools and green vehicles. To achieve 2-3 points for this credit, a large amount of calculations are required to determine existing conditions and regional storm event The following Documentation must be provided by UT: historical data. In addition to the calculations, an annual inspection 1. Regular building occupant and visitor counts program of all rainwater management facilities is required to be 2. For regular building occupants’ survey, description of implemented. methodology and how it meets survey requirements 3. For visitors’ survey (if applicable), description of methodology and Heat Island Reduction how it meets survey requirements To increase night sky access, improve nighttime visibility, and reduce the 4. Survey results, including reduction in conventional commuting consequences of development for wildlife and people. trips, trips for each transportation mode, and trips not taken (e.g., This project scope would be eligible for the Roof path option if the sick days, vacation days) roof is replaced. A high-reflectance roof achieves this one point, but 5. Narrative describing comprehensive alternative transportation depends on the roof selected and if the roof is indeed replaced. program and implementation 6. Supporting documentation for each element of comprehensive alternative transportation program
7-6 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Light Pollution Reduction Site Improvement Plan To conserve existing natural areas and restore damaged areas to provide To preserve and improve ecological integrity while supporting high- habitat and promote biodiversity. performance building operations. This one-point credit should be easy to achieve based on selecting A five-year site improvement plan must be developed to achieve this shielded fixtures for exterior lights to reduce light pollution on campus. point. The plan must document the existing conditions, list the improvement objectives, demonstrate standards to evaluate progress Site Management and outline monitoring protocols. The plan should address hydrology, To preserve ecological integrity and encourage environmentally sensitive vegetation and soils. Landscape Services could be consulted to site management practices that provide a clean, well-maintained, and develop plan, which may already existing on other parts of campus. safe building exterior while supporting high-performance building operations and integration into the surrounding landscape. The following Documentation must be provided by UT: To achieve this point, the following items must be met on site: 1. Site plan noting planned elements and measurements 2. Site improvement plan document • Use no calcium chloride or sodium chloride deicers, and/or 3. Qualifications of professional consultants establish reduced treatment areas equal to 50% of applicable paving area. 4. Description and rationale of no-cost and low-cost site improvement measures • Prevent erosion and sedimentation, and restore any eroded soils. • Prevent air pollution from construction materials and activities. • Divert from landfills 100% of plant material waste via low-impact means. • Prevent the overapplication of nutrients. Use no ammonia- based fertilizers, biosolid-basedfertilizers (for continuous application), synthetic quick-release fertilizers, or “weed and feed” formulations. Blanket applications of herbicides are prohibited; turf weeds may be controlled by spot spraying only. • Monitor irrigation systems manually or with automated systems at least every two weeks during the operating season and correct any leaks, breaks, inappropriate water usage, or incorrect timing. • Store materials and equipment to prevent air and site contamination.
The following Documentation must be provided by UT: 1. Records of deicer use 2. Erosion and sedimentation prevention logs and photos 3. Air quality protection logs and photos 4. Plant material haul logs 5. Soil test results 6. Fertilizer application logs 7. Biweekly irrigation monitoring logs 8. Turf area calculations 9. Inventory of all current maintenance equipment 10. Calculations for equipment emissions baseline and reduction,or equipment emissions reduction calculator results Image 4-30
SCHEMATIC DESIGN BOOK LEED Strategy & Checklist • May 2020 7-7 ENERGY & ATMOSPHERE
Energy Efficiency Best Management Practices (Prerequisite) To promote continuity of information to ensure that energy-efficient operating strategies are maintained and provide a foundation for training and system analysis. The design team will be required to conduct an energy audit that meets both the requirements of the ASHRAE preliminary energy use analysis and an ASHRAE Level 1 walk-through assessment identified in the ASHRAE Procedures for Commercial Building Energy Audits. Additionally, an operations and maintenance plan must be documented that contains the following information: • a current sequence of operations for the building • the building occupancy schedule • equipment run-time schedule • setpoints for all HVAC equipment • setpoints for lighting levels throughout the building • minimum outside air requirements • any changes in schedules • a systems narrative describing the mechanical and electrical systems and equipment in the building • a preventive maintenance plan for building equipment The University likely has the documentation required to meet the plan portion of this credit. An energy model will be required to meet the first requirement. Additionally, this energy model will contribute to the Optimize Energy Performance credit.
Building-Level Energy Metering (Prerequisite) To support energy management and identify opportunities for additional energy savings by tracking building-level energy use. The University must commit to sharing the energy consumption data and electrical demand data for a five-year period beginning on the date the project accepts LEED certification. The University shares data to the USGBC for other LEED facilities on campus and is used to this protocol.
Fundamental Refrigerant Management (Prerequisite) To reduce stratospheric ozone depletion. Demonstrate that chlorofluorocarbon (CFC)-based refrigerants in heating, ventilating, air-conditioning and refrigeration systems are not used, unless a third-party audit shows that the system replacement or conversion is not economically feasible. Image 4-32
7-8 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Minimum Energy Performance (Prerequisite & Credit) These two credits each offer two points. If attempted, a commissioning To reduce the environmental and economic harms associated with authority's services would need to be procured to analyze and/or excessive energy use by establishing a minimum level of operating energy implement a commissioning plan. For cost savings, a analysis may be performance. completed without an implementation plan. The building's expected energy performance after the renovation A commissioning plan should include the following items and tasks: will need to be demonstrated through an energy model to meet the prerequisite. Additionally, the Optimize Energy Performance credit • updated current facilities requirements; allows a project to receive points above the prerequisite based on • commissioning team members and their roles and responsibilities percentage improvement over a benchmark against typical buildings. during the commissioning process The chart below outlines possible points available. • description of the approach for identifying and analyzing facility improvement opportunities Percentage Percentage Points Points • process for reviewing and prioritizing identified opportunities Improvement Improvement with the owner and developing an implementation plan 26% 1 36% 11 • format and content of the eventual deliverables from the 27% 2 37% 12 commissioning process 28% 3 38% 13 • proposed schedule 29% 4 39% 14 30% 5 40% 15 Demand Response 31% 6 41% 16 To increase participation in demand response technologies and programs that make energy generation and distribution systems more efficient, 32% 7 42% 17 increase grid reliability, and reduce greenhouse gas emissions. 33% 8 43% 18 34% 9 44% 19 Since UT does not have a demand response program, the project is eligible for one point on this credit. The project will need to 35% 10 45% 20 demonstrate infrastructure in place to take advantage of a future demand response program. Additionally, internal discussion Advanced Energy Metering of possible future demand response program will need to be To support energy management and identify opportunities for additional documented. energy savings by tracking building-level and system-level energy use. To achieve these two points, meters must be installed for all whole- The following Documentation must be provided by UT: energy sources used by the building and major end uses that represent 1. Evidence of ability to shed 10% of peak demand 20% or more of the total annual consumption minus plug load use. 2. Inclusion of DR or load shifting in CFR and O&M plan This should not be a challenging credit to achieve. 3. Comprehensive action plan 4. Performance of one full test of DR plan Renewable Energy and Carbon Offsets To encourage the reduction of greenhouse gas emissions through the use of local and grid-source renewable energy technologies and carbon Enhanced Refrigerant Management mitigation projects. To reduce ozone depletion and support early compliance with the Montreal Protocol while minimizing direct contributions to climate Renewable energy systems must be implemented or offsets purchased change. in order to earn any points for this credit. Due to a restrained budget, it is unlikely that this would be considered applicable. The project will need to confirm that no refrigerants are used or only utilize naturally occurring or synthetic refrigerants that have an ozone Existing Building Commissioning - Analysis, Implementation depletion potential (ODP) of zero and a global warming potential and Ongoing Commissioning (GWP) of less than 50. To use the existing building commissioning process to improve building operations, energy, and resource efficiency.
SCHEMATIC DESIGN BOOK LEED Strategy & Checklist • May 2020 7-9 WATER EFFICIENCY MATERIALS & RESOURCES
Indoor Water Use Reduction (Prerequisite & Credit) Ongoing Purchasing & Waste Policy (Prerequisite) To reduce indoor water consumption. Purchasing - Ongoing & Lamps (Credits) Purchasing - Facility Maintenance & Renovation (Credit) The indoor water use must be calculated in order to understand To reduce the environmental harm from materials purchased, used, and the water savings of the proposed renovation. The design team will disposed of in the operations within buildings. complete a spreadsheet to calculate water usage and savings to determine the points earned. An environmentally preferable purchasing plan is required to be documented, along with a solid waste management plan that Building-Level Water Metering (Prerequisite) addresses how items are recycled. To support water management and identify opportunities for additional water savings by tracking water consumption. To achieve points beyond the prerequisite will require internal policy discussion to understand if it is applicable to HMA. Receiving points Permanently installed water meters that measure the total potable will involve HMA to purchase at least 60% by cost of total ongoing water use for the buildings and surrounding site. This prerequisite is consumables to meet at least one of the following criteria: already met with existing conditions. • Post consumer recycled content to meet or exceed levels listed by Outdoor Water Use Reduction the US EPA Comprehensive Procurement Guidelines To reduce outdoor water consumption. • Sustainable agriculture purchases of food and beverage to be labeled as sustainable per a regulatory agency Landscape Services will need to be consulted to identify the irrigation configuration around HMA. Additionally, the LEED boundary • Local sourcing of food and beverages must contain raw materials established for the project will contribute to the calculated area. If harvested and produced within 100 miles of the site. no irrigation is required, then two points are awarded. If an irrigation • Sustainable Agriculture's Network’s Sustainable Agriculture meter is installed, then 1-2 points is awarded based on water budget Standard calculations. • Paper and wood products must be certified by the Forest Stewardship Council Cooling Tower Water Use To conserve water used for cooling tower makeup while controlling microbes, corrosion, and scale in the condenser water system. This credit is not applicable to this project scope.
Water Metering To support water management and identify opportunities for additional water savings by tracking water consumption. One point is earned if two water subsystems are metered and two points are earned if four or more water subsystems are metered. Water subsystems include: • Irrigation • Indoor plumbing fixtures and fittings • Cooling towers • Domestic hot water • Reclaimed water • Other process water
7-10 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN The following Documentation must be provided by UT: Solid Waste Management - Ongoing 1. Environmentally preferable purchasing policy To reduce the waste that is generated by building occupants and hauled 2. Floor and/or site plan identifying recycling storage areas to and disposed of in landfills and incinerators. 3. Waste stream audit report Document a plan to maintain a waste reduction and recycling 4. Solid waste management policy program that reuses, recycled or composts the following: 5. List of compliant ongoing consumable purchases made during • at least 50% (or at least 20% [1 point]) of the ongoing waste performance period, including product name, manufacturer, cost, data of purchase, and quantity • at least 75% of the durable goods waste 6. List of compliant electric-powered equipment purchases • all discarded batteries made during -performance period, including name of product, • all mercury-containing lamps manufacturer, cost, data of purchase, and quantity 7. Documentation verifying products meet credit criteria (e.g., The University can be consulted for plans and recycling services, many manufacturer documentation, third-party certifications) of which are likely already utilized by the University Unions. UT should 8. Total cost of ongoing consumables and electric powered direct how much they believe can be diverted to understand if this equipment credit is applicable. 9. MR purchasing calculator or equivalent tracking tool listing lamps included in the plan with calculated pictograms per lumen hour The following Documentation must be provided by UT: 10. Verification of mercury-free lamps and energy efficiency of 1. Quantity of ongoing consumables waste both produced and mercury-containing counterparts diverted 11. List of purchased lamps, verifying compliance with the plan, or 2. Quantity of durable goods waste both produced and diverted confirmation that no lamps were needed 3. Narratives describing safe storage and disposal of batteries and 12. Lamp purchasing plan mercury-containing lamps 13. Total cost of materials and products for base building and site FMR activities Solid Waste Management - Facility Maintenance & Renovation 14. Total cost of materials and products for furniture and furnishings To divert construction, renovation, and demolition debris from disposal in 15. List of compliant material and product purchases for base building landfills and incinerators and recover and recycle reusable materials. and site FMR activities, including product name, environmental criterion, manufacturer, cost, date of purchase, and quantity, with Document a plan to divert at least 70% of the waste (by weight or any weighted average calculations volume) generated by facility maintenance and renovation activities 16. Documentation verifying purchases meet credit criteria (e.g., from disposal in landfills and incinerators. It should not be challenging manufacturer’s documentation, third-party certifications) to document a plan for future maintenance and renovations. 17. Documentation demonstrating that no maintenance or renovation The following Documentation must be provided by UT: activities occurred during performance period 1. Solid waste management plan for each renovation during performance period Facility Maintenance & Renovation Policy (Prerequisite) 2. Total waste generated and waste diverted for FMR activities To reduce the environmental harms associated with the materials during performance period purchased, installed, and disposed of during maintenance and renovation 3. Description of hazardous materials excluded from credit of buildings. calculations A facility maintenance and renovation policy that includes guidelines for renovation and maintenance activities must be written. The design team will guide UT in writing the policy. The policy must address the following types of renovation: • Purchasing Policy for Maintenance and Renovations • Waste Management Policy for Maintenance and Renovations • Indoor Air Quality Policy for Maintenance and Renovations
SCHEMATIC DESIGN BOOK LEED Strategy & Checklist • May 2020 7-11 INDOOR ENVIRONMENTAL QUALITY
Minimum Indoor Air Quality Performance (Prerequisite) 5. Measured outdoor airflow rates and description of method or Indoor Air Quality Management Program (Credit) protocol used to take measurements To contribute to the comfort and well-being of building occupants by 6. Engineering assessment of system’s maximum outdoor air establishing minimum standards for indoor air quality (IAQ). delivery rate, as applicable Each air-handling unit must comply with required outdoor airflow 7. Documentation of CIBSE flow diagram process for project (Natural Ventilation + Mixed-mode) rates outlined in the USGBC standard. When the mechanical systems are replaced in the renovation, these minimum standards will be met. 8. Confirmation that project meets minimum requirements of ASHRAE Standard 62.1–2010, Section 7, and exhaust ventilation To receive two points, the program must be implemented based on requirements of Section 6.5 (Natural Ventilation + Mixed-mode) the EPA Indoor Air Quality Building Education and Assessment Model 9. Natural ventilation procedure calculations and ventilation opening (I-BEAM). information (Natural Ventilation + Mixed-mode) 10. Any natural ventilation exception from mechanical ventilation The following Documentation must be provided by UT: system (ASHRAE 62.1–2010, Section 6.4) 1. Confirmation that project meets minimum requirements of 11. Any exception from authority having jurisdiction (Natural ASHRAE 62.1-2010, Sections 4–7 or CEN Standard 13779–2007 Ventilation + Mixed-mode) 2. Confirmation that project has MERV 11 or higher filters (if project 12. Ventilation maintenance program is in nonattainment area for PM2.5) 13. O&M plan with IAQ management program, addressing all 3. Confirmation that the project is in a non-attainment area for components ozone (if applicable) 14. Summary of audit with issues summary or list 4. Ventilation rate procedure or CEN calculations and documentation of assumptions for calculation variables
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7-12 HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN Green Cleaning Policy (Prerequisite) Interior Lighting Green Cleaning - Products and Materials & Equipment (Credits) To promote occupants’ productivity, comfort, and well-being by providing To reduce levels of chemical, biological, and particulate contaminants high-quality lighting. that can compromise air quality, human health, building finishes, building systems, and the environment. There are two separate points available to earn within the Interior Lighting credit. A green cleaning policy must be documented to achieve the prerequisite. The policy must cover green cleaning procedures, One point can be earned for Lighting Control, which requires at least materials, and services that are within the building and site 50% of the individual occupant spaces to have individual lighting management’s control. controls that enable occupants to adjust the lighting to suit their individual tasks and preferences. In order to achieve one point for Products and Materials and one point for Equipment, at least 75% by cost of total annual purchases must A second point can be earned for Lighting Quality, which is more meet a green cleaning standard. This should be evaluated by UU to challenging to earn. The design team would do in-depth calculations determine if this credit would be a good fit. to determine if this credit would be applicable.
The following Documentation must be provided by UT: Daylight and Quality Views To connect building occupants with the outdoors, reinforce circadian 1. Green cleaning policy addressing procedures, materials, and rhythms, and reduce the use of electrical lighting by introducing daylight services under building and site management’s control, with and views into the space. name of organization responsible for cleaning 2. Copy of contract with certified cleaning vendor Since HMA is an auditorium that does not rely on natural daylighting, this credit is not applicable. 3. Documentation demonstrating that vendor is certified under GS- 42 or CIMS-GB Enhanced Indoor Air Quality Strategies 4. Description of goals and strategies to conserve energy and water and reduce chemicals used for cleaning To promote occupants’ comfort, well-being, and productivity by improving indoor air quality. 5. Date of audit for certification 6. Purchasing spreadsheet for all products This credit has two parts to earn two credits. The first credit requires 7. MSDS or other documentation for each product permanently installed entryway grilles. Since this is not feasible in the historic vestibule, this credit would not be pursued. 8. Executed contract language requiring that purchases achieve threshold (optional) The second option to receive one point is to comply with one of the 9. Powered janitorial equipment inventory following requirements. It is likely that the design team could meet one of the options below: 10. Compliant equipment calculation 11. Phase-out plan, as applicable • Filtration for Mechanically Ventilated Spaces 12. Updated compliant equipment calculation, as applicable • Carbon Dioxide Monitors 13. Phase-out plan, as applicable • Outdoor Air Monitoring for Mechanically Ventilated Spaces • Outdoor Air Monitoring for Naturally Ventilated Spaces Environmental Tobacco Smoke Control (Prerequisite) • Alarmed Openings for Naturally Ventilated Spaces To prevent or minimize exposure of building occupants, indoor surfaces, and ventilation air distribution systems to environmental tobacco smoke. The campus tobacco policy meets these requirements.
SCHEMATIC DESIGN BOOK LEED Strategy & Checklist • May 2020 7-13 Thermal Comfort Occupant Comfort Survey To promote occupants’ productivity, comfort, and well-being by providing To assess building occupants’ comfort. quality thermal comfort. Administer at least one occupant comfort survey to collect To achieve this credit, a system must be in place for continuous tracking anonymous responses regarding at least the following: to regulate indoor comfort and conditions in occupied spaces. The permanent monitoring system must meet ASHRAE 55-2010 Thermal • acoustics Comfort Conditions for Human Occupancy. This credit could be • building cleanliness evaluated based on the HVAC system selected and budget constraints. • indoor air quality • lighting Green Cleaning - Custodial Effectiveness Assessment To reduce levels of chemical, biological, and particulate contaminants, • thermal comfort which can compromise human health, building finishes and systems, and The responses must be collected from a representative sample of the environment, by implementing effective cleaning procedures. building occupants making up at least 30% of the total occupants. This If the green cleaning policy is implemented, then an additional point is an easy and inexpensive credit to earn one point. can be earned if an inspection is conducted to verify the strategies The following Documentation must be provided by UT: specified were implemented. 1. Copy of survey addressing acoustics, building cleanliness, indoor air quality, lighting, and thermal comfort The following Documentation must be provided by UT: 2. Summary of survey results and description of corrective actions 1. Description of procedures for routine monitoring and inspection of taken work performed by cleaning staff 2. Overall score and date of audit INNOVATION 3. Report of audit results The USGBC allows up to five points for project teams to tailor specific 4. Description of audit procedures credits to a project. These are typically great opportunities to earn 5. Description of improvement opportunities points. There are three opportunities to earn points: • Innovation Credit - Credit created by the project team to Integrated Pest Management acknowledge a specific aspect of the project To minimize pest problems and exposure to pesticides. • Pilot Credit - Achieve a credit that is being tested by the USGBC to An integrated pest management plan can be documented to earn determine if it should be added to the base credit list two points. The plan must be implemented and evaluated annually. The USGBC lists requirements that must be included in the plan. This • Exemplary Performance - Achieve far beyond the requirement of a credit is likely a good fit to pursue. base credit to achieve one additional point; thresholds defined in each credit The following Documentation must be provided by UT: Further in design, the team would brainstorm with UU and PMCS to 1. IPM plan (if doing in-house IPM policy) evaluate. 2. IPM tracking tool 3. Pesticide application list (if doing in-house IPM policy) REGIONAL PRIORITY 4. GreenPro, EcoWise, or GreenShield certificate (if using certified The USGBC identifies credits that are especially impactful based on IPM service) regional conditions. The regional priority credits identified each have a threshold. If the base credit threshold is met, then an additional Regional Priority point is earned. It is beneficial to focus efforts on credits listed as Regional Priority to earn additional points if possible. No additional documentation is required to earn Regional Priority credits. Document compliance for the selected credits, and the related RP bonus points for their achievement will be awarded automatically.
HOGG MEMORIAL AUDITORIUM • MAJOR RENOVATION • UT AUSTIN