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REQUEST FOR PROPOSAL The University of Texas at San Antonio

VIEWS: 8 PAGES: 81

									                 REQUEST FOR PROPOSAL
                                      FOR




                THE UNIVERSITY OF TEXAS AT SAN ANTONIO
                           San Antonio, Texas




                            UTSA    RFP NO.
                                    743-




                          REQUEST FOR PROPOSAL
______________________________________________________________________________


______________________________________________________________________




                                0                         Last updated 01/26/2007
                              TABLE OF CONTENTS
1. INTRODUCTION
  1.1    Description of The University of Texas at San Antonio (“University”)
  1.2    Background and Special Concerns
  1.3    Objective
2. NOTICE TO RESPONDENTS
  2.1    General
  2.2    Submittal Deadline
  2.3    University Contacts
  2.4    Type of Contract
  2.5    Inquiries and Interpretations
  2.6    Public Information
  2.7    Contract Award Process
  2.8    Criteria for Selection
  2.9    Respondent's Acceptance of Evaluation Methodology
  2.10   Commitment
  2.11   Historically Underutilized Businesses
  2.12   Key Events Schedule
  2.13   Parking on Campus
3. PROPOSAL REQUIREMENTS
  3.1    General Instructions
  3.2    Preparation and Submittal Instructions
  3.3    Pricing and Delivery Schedule
  3.4    Terms and Conditions
  3.5    Submittal Checklist
4. GENERAL TERMS AND CONDITIONS
  4.1    General
  4.2    Definitions
  4.3    Entire Agreement
  4.4    Time of Performance
  4.5    Default
  4.6    Termination
  4.7    Payment
  4.8    Contract Amendments
  4.9    Independent Contractor Status
  4.10   Compliance with Law
  4.11   University's Right to Audit
  4.12   Access to Documents
  4.13   Title and Risk of Loss
  4.14   Acceptance of Products and Services
  4.15   Sales and Use Tax
  4.16   Insurance and Bonds
  4.17   Indemnification


                                           1
  4.18   Force Majeure
  4.19   Other Benefits
  4.20   Non-Disclosure
  4.21   Publicity
  4.22   Severability
  4.23   Non-Waiver of Defaults
  4.24   Assignment
  4.25   Assignment of Overcharge Claims
  4.26   Patent and Copyright
  4.27   Texas Public Information Act
  4.28   Freedom of Access and Use of Facilities
  4.29   Observance of University Rules and Regulations
  4.30   Section Headings
  4.31   Notices
  4.32   Governing Law
5. SPECIFICATIONS
  5.1    General
  5.2    Specifications/Scope of Work
  5.3    Delivery
  5.4    Estimated Budget
  5.5    Miscellaneous Provisions
6. EXECUTION OF OFFER
7. PRICING AND DELIVERY SCHEDULE
  7.1    Pricing Schedule
  7.2    Delivery Schedule
  7.3    Payment Terms
  7.4    Addenda Checklist
  7.5    Liquidated Damages
8. RESPONDENT QUESTIONNAIRE
PREVAILING WAGE GUIDELINES
UNIFORM GENERAL AND SUPPLEMENTARY CONDITIONS
SPECIAL CONDITIONS
POLICY ON UTILIZATION - HISTORICALLY UNDERUTILIZED BUSINESSES




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                                       SECTION 1

                                 1. INTRODUCTION

1.1   Description of The University of Texas at San Antonio (“University”)

      The University of Texas at San Antonio (UTSA) was established in 1969 as a
      public institution of higher education. The University of Texas at San Antonio
      serves the San Antonio metropolitan area and the broader region of South Texas
      through programs and services offered from its three campuses: 1604 Campus,
      Downtown Campus and the Institute of Texan Cultures.

      With nearly 28,000 students enrolled in undergraduate and graduate degree
      programs, UTSA is the third largest component university in the University of
      Texas System and has been one of the state's fastest-growing public
      universities for much of the last decade. UTSA offers bachelor's, master's
      and doctoral degree programs and is a research intensive institution
      commited to discovery and innovation.
      UTSA's 600-acre campus near the intersection of Loop 1604 and Interstate
      10 borders the Texas Hill Country and is just a 20-minute drive from
      downtown San Antonio. There are over a dozen buildings on the 1604
      Campus.


1.2   Background and Special Concerns



1.3   Objective




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                                        SECTION 2

                           2. NOTICE TO RESPONDENTS


2.1   General


      University is accepting competitive sealed proposals for a construction contract,
      pursuant to Sec. 51.783, Texas Education Code, in accordance with the terms,
      conditions and requirements set forth in this Request for Proposals (“RFP”), RFP
      No. 743-       . Construction Documents have been prepared by the following
      licensed architects and/or engineers:          . This RFP and the Construction
      Documents provide sufficient information for interested parties to prepare and
      submit proposals for consideration by University. Respondents may obtain sets
      of RFP Documents from the University of Texas at San Antonio Purchasing
      and Distribution Services Department upon payment of a non-refundable
      fee of         per set. Payment may be made by either check or money
      order made out to UTSA. Cash will not be accepted.

      PROPOSAL BONDS: The proposer shall include with his proposal a Certified
      Check or Proposal Bond payable to UTSA in an amount not less than five percent
      (5%) of the base bid dollar amount proposed in Section Seven of the RFP.
      Certified Checks and Proposal Bonds will be held by UTSA’s Purchasing Office,
      and will be returned after a contract is successfully executed wit the successful
      proposer, or eight (8) weeks, whichever is sooner. If the successful proposer
      defaults in executing a contract in accordance with the Notice to Award, then the
      Certified Check shall become the property of UTSA, or the Proposal bond shall
      become subject to forfeiture to UTSA.


      For access to the site during bidding please contact:
            , Construction Project Coordinator, Office of Facilities Services,
      One UTSA Circle, San Antonio, Texas 78249, (210) 458-             .

      Respondents are encouraged to propose contractual arrangements offering the
      maximum benefit to University in terms of (1) total overall cost and (2) project
      management expertise. Applicability of educational, state and local government,
      and any other available discounts should be strongly considered.

      RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION
      CONTAINED IN THIS RFP CAREFULLY AND TO SUBMIT A COMPLETE
      RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED.




                                    4                              Last updated 01/26/2007
2.2   Submittal Deadline

      University will accept proposals for selection until     .


2.3   University Contacts

      Any questions or concerns regarding this Request for Proposal shall be directed
      to:


                                  Juan Macias, Buyer II
                                  Purchasing and Distribution Services Department
                                  The University of Texas at San Antonio
                                  One UTSA Circle
                                  San Antonio, Texas 78249
                                  Phone: (210) 458-4062
                                  Fax: (210) 458-4061
                                  E-mail: juan.macias@utsa.edu



      University specifically requests that Respondents restrict all contact and
      questions regarding this RFP to the above named individual.

2.4   Type of Contract

      The successful respondent will be required to enter into a contract in the form
      attached hereto as Agreement.

2.5   Inquiries and Interpretations

      Responses to inquiries, which directly effect an interpretation or change to this
      RFP will be issued in writing by addendum (amendment) and mailed to all parties
      recorded by University as having received a copy of the RFP. All such addenda
      issued by University prior to the time that proposals are received shall be
      considered part of the RFP, and the Respondent shall be required to consider
      and acknowledge receipt of such in his proposal. Firms receiving this RFP other
      than directly from the University of Texas at San Antonio are responsible for
      notifying University that they are in receipt of a proposal package and are to
      provide a name and address in the event an amendment is issued.

      Only those inquiries University replies to which are made by formal written
      addenda shall be binding. Oral and other interpretations or clarification will be



                                     5                             Last updated 01/26/2007
      without legal effect. The Respondent must acknowledge all addenda by initialing
      addenda checklist in section 7.4. Such acknowledgment must be received prior
      to the hour and date specified for receipt of proposals, or shall accompany the
      proposal.

2.6   Public Information

      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.

      Respondents are hereby notified that University strictly adheres to all statutes,
      court decisions, and opinions of the Texas Attorney General with respect to
      disclosure of RFP information.

2.7   Contract Award Process

      An award to one or more respondents for the construction services specified
      herein will be made following a procedure using competitive sealed proposals.
      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, 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,
      University may discuss with the selected Respondent offers for cost reduction
      and other elements of the Respondent’s proposal. If University determines that it
      is unable to reach a contract satisfactory to University with the selected
      Respondent, then 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 University has rejected all proposals. University
      may not disclose any information derived from the proposals submitted from
      competing offers in conducting such discussions. 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 University and to re-solicit for proposals, or
      to reject any and all proposals if deemed to be in the best interests of University
      and to temporarily or permanently abandon the procurement. If the University
      awards a contract, it will award the contract to the offeror or offerors whose
      proposal is the most advantageous to University and offers the best value,
      considering price and the evaluation factors set forth in this RFP. The contract
      file must state in writing the basis upon which the award is made.




                                    6                              Last updated 01/26/2007
      University, at its option, may elect to pre-qualify offerors. If offerors are pre-
      qualified, Respondents will be asked to submit all or part of the information
      required by this RFP, except pricing information. University will evaluate
      proposals based on the selection criteria contained in this RFP (except price).
      University may discuss or negotiate all elements of the proposal with selected
      Respondents which represent a competitive range of proposals. For purposes of
      negotiation, a competitive range of acceptable or potentially acceptable
      proposals may be established comprising the highest rated proposal(s). After the
      submission of a proposal but before pre-qualifying, University may permit the
      offeror to revise the proposal in order to obtain the best final offer. University
      may not disclose any information derived from the proposals submitted from
      competing offers in conducting such discussions. University will provide each
      offeror with an equal opportunity for discussion and revision of proposals.
      Further action on proposals not included in the competitive range will be deferred
      pending prequalification, but University reserves the right to include additional
      proposals in the competitive range if deemed in the best interest of University.
      Pre-qualification is not a conclusive determination that an offeror offers the
      best value to the institution, and a pre-qualified offeror may be rejected on
      the basis of subsequently discovered information. A failure to pre-qualify
      does not bar a subsequent determination that an offeror offers the best
      value to University with respect to this RFP. After prequalification, the pre-
      qualified offerors will submit full proposals, including monetary proposals
      by a date determined by University. The names of the pre-qualified
      Respondents and their monetary proposals will be opened and read aloud
      and the selection process will then proceed as described above in this
      Section.

2.8   Criteria for Selection

      The Respondent selected for an award will be the Respondent whose proposal,
      as presented in the response to this RFP, is the most advantageous to
      University. University is not bound to accept the lowest priced proposal if that
      proposal is not in the best interest of University as determined by University.

      Proposals will be evaluated by University personnel. The criteria for evaluation
      of proposals, and selection of the successful respondent for this award, may be
      based on the factors listed below:

        1)   Price proposal.

        2)   Demonstrated technical and management competence with complete
             building related construction projects.

        3)   Demonstrated experience with complete building related construction
             projects, particularly those for higher education.

        4)   Knowledge of current building and safety codes.


                                   7                             Last updated 01/26/2007
         5)   Capability and capacity to perform the construction services for the
              project, including respondent’s financial resources to perform the work in
              the time projected.

         6)    The Respondent’s ability to meet the proposed time of construction. Also,
              demonstrated ability to meet schedules on past projects.

         7)   The qualifications and experience of the team members proposed to
              manage the project.

         8)   The quality of references from past customers of respondent.
              Proposers are strongly recommended to submit and verify reference
              phone numbers, fax numbers, e-mail addresses, and contact name for
              accuracy. UTSA will not be responsible for obtaining updated or corrected
              reference information. References may be sent rating form for completion
              and required to return to UTSA. Submission of incorrect or no information
              from reference may result in a lower score for this evaluation criterion.

        9) Response to Section 8.


2.9    Respondent's Acceptance of Evaluation Methodology

       Submission of a proposal indicates Respondent’s acceptance of the evaluation
       technique and Respondent’s recognition that some subjective judgments must be
       made by University during the assigning of points.


2.10   Commitment

       Respondent understands and agrees that this RFP is issued predicated on
       anticipated requirements for             , and that 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.


2.11   Historically Underutilized Businesses

       See Exhibit H. It is the policy of The University of Texas System and each of its
       component institutions, to promote and encourage contracting and
       subcontracting opportunities for Historically Underutilized Businesses (HUBs) in
       all contracts. Accordingly, UTSA 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 or more. If UTSA determines that


                                     8                             Last updated 01/26/2007
        subcontracting opportunities are probable, then a HUB Subcontracting Plan is a
        required element of the Response.            Failure to submit a required HUB
        Subcontracting Plan will result in rejection of the Response.

        For this project, UTSA has determined subcontracting opportunities are not
        probable. If you are not a subcontracting any part of this contract, please
        complete and return the attached self performing HUB Subcontracting plan,
        Exhibit H, pages 8 and 10. If you are subcontracting any part of this project, you
        must complete the entire HUB Subcontracting plan, Exhibit H, pages 7-10.
        Failure to submit a required HUB Subcontracting plan will result in rejection of the
        response.


2.12    Key Events Schedule

        Issue Request for Proposal

              Pre-Proposal Conference

        Due Date For Questions

        Proposal Submittal Deadline                      at       . Local time
                                                  UTSA Purchasing and Distribution
                                                  Services Office One UTSA Circle.
                                                  San Antonio TX 78249

2.13    Parking on Campus

       Contractors will be provided with a staging area that will allow a limited number of
       contractor vehicles to park. Vehicles parking outside the staging area will be
       required to purchase a Contractor Parking Permit at a cost of $45 each ($50 each
       beginning September 1, 2007). Contractor Permits are valid for the Academic
       Year, September 1 through August 31. The UTSA Project Coordinator will provide
       a Contractor Permit Application Form. The Contractor shall be responsible for
       obtaining the necessary number of permits before the start of the project. Due to
       the limited number of parking spaces on campus, Contractors should carpool
       when possible. Contractor permits will be offered on a space-available basis.
       UTSA reserves the right to limit the number of Contractor permits.




                                      9                             Last updated 01/26/2007
                                     SECTION 3

                         3. PROPOSAL REQUIREMENTS


3.1   General Instructions

      A.    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.

      B.    Proposals and any other information submitted by Respondents in
            response to this Request for Proposal shall become the property of
            University.

      C.    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.

      D.    Proposals which are qualified with conditional clauses, or alterations, or
            items not called for in the RFP documents, or irregularities of any kind are
            subject to disqualification by University, at its option.

      E.    Each proposal should be prepared simply and economically, providing a
            straightforward, concise description of your firm'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
            University's needs.

      F.    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 University's best interest. Representations made within the proposal
            will be binding on responding firms. University will not be bound to act by
            any previous communication or proposal submitted by the firms other than
            this RFP.

      G.    Firms wishing to submit a “No-Response” are requested to return the first
            page of the Execution of Offer (ref. Section 6). The returned form should
            indicate your company's name and include the words “No-Response” in
            the right-hand column.




                                   10                            Last updated 01/26/2007
      H.    Failure to comply with the requirements contained in this Request for
            Proposal may result in the rejection of your proposal.

3.2   Preparation and Submittal Instructions

      A.    Respondents must complete, sign and return the attached Execution of
            Offer, Section 6, as part of their proposal response. Proposal must be
            signed by Respondent's company official(s) authorized to commit such
            proposals. Failure to sign and return these forms will subject your proposal
            to disqualification.

      B.    Responses to this RFP should consist of answers to required questions in
            Section 8 Respondent Questionnaire. It is not necessary to repeat the
            question in your response; however, it is essential that you reference the
            question number with your response corresponding accordingly. In cases
            where a question does not apply or if unable to respond, reference the
            question number and indicate N/A (Not Applicable) or N/R (No Response),
            as appropriate. Briefly explain your reason when responding N/R.

      C.    Page Size, Binders and Dividers

            Proposals must be typed on letter-size (8-1/2” x 11”) paper. University
            requests that proposals be submitted in a binder. Preprinted material
            should be referenced in the proposal and included as labeled
            attachments. Sections should be divided by tabs for ease of reference.

      D.    Table of Contents

            Include with the proposal 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 proposal as well as
            separate attachments (which should be included in the main Table of
            Contents). Supplemental information and attachments included by your
            firm (i.e., not required) should be clearly identified in the Table of Contents
            and provided as a separate section.

      E.    Pagination

            All pages of the proposal should be numbered sequentially in Arabic
            numerals (1, 2, 3, etc.) Attachments should be numbered or referenced
            separately.




                                    11                             Last updated 01/26/2007
F.   Number of Copies

     Submit a total of five (5) complete copies of the entire response. An
     original signature must appear on the Execution of Offer (ref. Section 6) of
     at least one (1) copy submitted.

G.   Submission

     1.    Five (5) identical copies of the proposal including any supplemental
           printed material referenced with the RFP, must be submitted and
           received in the University Office of Purchasing and Distribution
           Services on or before the time and date specified, pursuant to the
           Notice to Respondents (ref. Subsection 2.2) and delivered to:

                  Juan Macias, Buyer II
                  Purchasing and Distribution Services Department
                  The University of Texas at San Antonio
                  One UTSA Circle
                  San Antonio, Texas 78249
                  Phone: (210) 458-4062
                  Fax: (210) 458-4061
                  E-mail: juan.macias@utsa.edu

           NOTE: Show the Request for Proposal number and submittal date
           in the lower left-hand corner of your sealed proposal envelope
           (box/container).

     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.    Late proposals properly identified will be returned to Respondent
           unopened. Late proposals will not be considered under any
           circumstances.

     4.    Telephone proposals are not acceptable when in response to the
           Request for Proposal.

     5.    Facsimile (“FAX”) proposals are not acceptable when in response
           to this Request for Proposal.

H.   Alternate Proposal

     University may consider alternate proposals submitted by qualified
     responsive firms in determining an award. Respondents submitting



                            12                            Last updated 01/26/2007
            alternate proposals shall clearly identify any exceptions taken to the
            requirements listed herein, and include a detailed description of the
            alternate(s) proposed. Respondent(s) may suggest additions to the
            requirements with respect to scope of work or services performed. All
            such suggestions shall be clearly defined. Alternate proposals shall be
            submitted as an attachment to your base proposal (RFP) package.

      I.    Withdrawal or Modification

            No proposal 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. 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 University which shall be based on
            Respondent’s submittal, in writing, of a reason acceptable to University.

      J.    Validity Period

            Proposals are to be valid for University's acceptance for a minimum of 90
            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   Pricing and Delivery Schedule

      A.    Respondent must complete Pricing and Delivery Schedule, Section 7.

      B.    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.

      C.    University will not recognize or accept any charges or fees to perform this
            work that are not specifically stated in the Respondent's proposal.

      D.    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 University's best interest.

3.4   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 3.4.A. below.

      A.    All Respondents must comply with the requirements listed on any Notice
            to Respondents, Proposal Requirements, Specifications/Service



                                   13                            Last updated 01/26/2007
            Requirements, and General Terms and Conditions herein. In the event
            there is a conflict expressed in this document, the provision requiring
            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.      Agreement
            3.      General Terms and Conditions
            4.      Proposal Requirements
            5.      Notice to Respondents

      B.    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 University. Respondent further certifies that
            the submission of a proposal is Respondent's good faith intent to contract
            with University as specified herein and that such intent to contract is not
            contingent upon University's acceptance or execution of any such
            attached or referenced terms, conditions, or other documents.

3.5   Submittal Checklist

      Firms are instructed to complete, sign and return the following documents as a
      part of their proposal submittal. Failure to return these documents may subject
      your proposal to disqualification.

            HUB Subcontracting Plan (ref. Section 2.11)
            Signed and Completed Execution of Offer (ref. Section 6)
            Signed and Completed Pricing and Delivery Schedule (ref. Section 7)
            Responses to Respondent's Questionnaire (ref. Section 8)
                               Proposal Bond (ref. Section 2.1)
                                  SECTION 4

                      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




                                    14                             Last updated 01/26/2007
      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:

      Contract Documents shall mean the documents that form the Contract between
      University and the Contractor. The Contract Documents consist of the Agreement
      or Purchase Order including Uniform and Supplementary General Conditions
      (Exhibit A hereto), Prevailing Wage Guidelines, Conditions of the Contract (this
      Section 4 - General Terms and Conditions, and any Additional or Special
      Conditions issued for this RFP), Specifications, Pricing and Delivery Schedule,
      Execution of Offer, Respondent's Questionnaire, and all Addenda and
      Amendments issued prior to and after the execution of the Contract.

      University shall mean The University of Texas at San Antonio.

      Respondent shall mean the individual, partnership, corporation, or other entity
      responding to this RFP.

      Contractor shall mean the individual, partnership, corporation, or other entity
      awarded a Contract for construction services under this RFP, in accordance with
      the terms, conditions, and requirements herein.

      Project shall mean the complete undertaking by Contractor to provide the goods
      and/or services contemplated by the Contract.

4.3   Entire Agreement

      The Contract Documents, for all intents and purposes, are intended as the
      complete and exclusive statement of the agreement between University and the
      Contractor and supersede all prior or contemporaneous agreements,
      negotiations, course of prior dealings, or oral representations relating to the
      subject matter hereof.

      The terms and conditions of any purchase order, agreements, amendments,
      modifications, or other documents submitted by either party which conflict with, or
      in any way purport to amend or add to any of the terms and conditions of the
      Contract are specifically objected to by the other party and shall be of no force or
      effect, nor shall govern in any way the subject matter hereof, unless set forth in
      writing and signed by both parties, subject to the provisions of paragraph 3.4. A
      hereof.

4.4   Time of Performance

      Time is of the essence in the rendering of services hereunder. Contractor agrees
      to perform all obligations and render services set forth per this Contract in




                                    15                            Last updated 01/26/2007
      accordance with the schedules herein and as mutually agreed upon between
      University and Contractor during the term of this Contract.

      Work Hours

      All work required hereunder shall be performed after normal daytime class
      hours, 9:00 p.m. to 6:00 a.m. (CT) during areas of construction that will
      adversely affect classrooms and offices due to the noise and vibration,
      Monday through Friday, excluding University observed holidays, or as
      otherwise agreed, or in accordance with standard industry practice. Other
      work that is proven to not disturb classroom and office activity can be
      performed during daytime hours of 8:00 AM to 5:00 PM.

4.5   Default

      In the event that the Contractor fails to carry out or comply with any of the terms
      and conditions of the Contract with University, University may notify the
      Contractor of such failure or default in writing and demand that the failure or
      default be remedied within ten (10) days; and in the event that the Contractor
      fails to remedy such failure or default within the ten (10) day period, University
      shall have the right to cancel the Contract.

      Without limiting the foregoing, the following shall constitute a material breach by
      the Contractor, upon the occurrence of which the Contractor shall immediately
      notify University; the Contractor ceases its business operation, makes a general
      assignment for the benefit of creditors, is adjudged bankrupt, or becomes
      insolvent.

      The cancellation of the Contract, under any circumstances whatsoever, shall not
      effect or relieve Contractor from any obligation or liability that may have been
      incurred or will be incurred pursuant to the Contract and such cancellation by
      University shall not limit any other right or remedy available to University at law or
      in equity.


4.6   Termination

      A.     For Convenience:

             The Contract may be terminated, without penalty, by University without
             cause by giving thirty (30) days’ written notice of such termination to the
             Contractor.

      B.     In no event shall such termination by University as provided for under this
             Section give rise to any liability on the part of University including, but not
             limited to, any claims of Contractor for compensation for anticipated
             profits, unabsorbed overhead, or interest on borrowing. University's sole


                                     16                             Last updated 01/26/2007
           obligation hereunder is to pay Contractor for products and/or services
           ordered and received prior to the date of termination.

4.7   Payment

      A.   Prior to ten (10) 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 University may reasonably
           require to support the amount requested and to be submitted. The
           University will, within thirty (30) days from the date it receives such
           application and supporting documentation for payment, approve or
           disapprove the amount reflected in such application and if 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 University disapproves
           any amount requested by Contractor, University shall give Contractor
           specific reasons for its disapproval in writing.

      B.   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 University, for the goods
           or services hereunder.

      C.   Ten (10) days after final completion of the goods or services and
           acceptance thereof by 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 University, University shall pay to Contractor the
           amount due ("Final Payment") under such Final Request.

      D.   Any provision hereof to the contrary notwithstanding, 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:

           1.    Contractor is in breach or default;

           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;




                                 17                           Last updated 01/26/2007
             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 University has made payment
                    to Contractor; or

             4.     If 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 University to be sufficient to so
                    complete the goods and services.

      E.     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.

      F.     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.

      G.     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.

      H.     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.
      Invoices must reference University purchase order number and must agree in
      every detail with the Contract. University’s suggested payment terms are 2%/10
      NET 30.

4.8   Contract Amendments

      The Contract may be amended within the Contract period by mutual consent of
      the parties. No modification or amendment to the Contract shall become valid
      unless in writing and signed by both parties. All correspondence regarding
      modifications or amendments to the Contract must be forwarded to University’s
      Office of Business Affairs for prior review and approval.




                                     18                             Last updated 01/26/2007
4.9    Independent Contractor Status

       Contractor recognizes that it is engaged as an independent contractor and
       acknowledges that University will have no responsibility to provide transportation,
       insurance or other fringe benefits normally associated with employee status.
       Contractor, 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 University
       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 University, including, but not limited to, unemployment insurance
       benefits, social security coverage or retirement benefits. Contractor 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.

4.10   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 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.




4.11   University's Right to Audit

       At any time during the term of this Contract and for a period of four (4) years
       thereafter University or a duly authorized audit representative of University, or the
       State of Texas, at its expense and at reasonable times, reserves the right to audit
       Contractor's records and books relevant to all services provided under this
       Contract.     In the event such an audit by University reveals any
       errors/overpayments by University, Contractor shall refund University the full
       amount of such overpayments within thirty (30) days of such audit findings, or
       University, at its option, reserves the right to deduct such amounts owing
       University from any payments due Contractor.




                                       19                              Last updated 01/26/2007
4.12   Access to Documents

       To the extent applicable to this procurement, in accordance with Public Law 99-
       499 under TEFRA, Contractor agrees to allow, during and for a period of not less
       than four (4) years after the Contract term, access to this Contract and its books,
       documents, and records; and contracts between Contractor and its
       subcontractors or related organizations, including books, documents and records
       relating to same, by the Comptroller General of the United States, the U.S.
       Department of Health and Human Services and their duly authorized
       representatives.

4.13   Title and Risk of Loss

       For goods to be provided by Contractor hereunder, if any, the title and risk of loss
       of the goods shall not pass to University until University actually receives, takes
       possession, and accepts the goods at the point or points of delivery.

4.14   Acceptance of Products and Services

       All products furnished and all services performed under this Contract shall be to
       the satisfaction of University and in accordance with the specifications, terms,
       and conditions of the Contract. University reserves the right to inspect the
       products furnished or the services performed, and to determine the quality,
       acceptability, and fitness of such products or services.

4.15   Sales and Use Tax

       University, as an agency of the State of Texas, qualifies for exemption from State
       and Local Sales and Use Taxes pursuant to the provisions of the Texas Limited
       Sales, Excise, and Use Tax Act. The Contractor may claim exemption from
       payment of applicable State taxes by complying with such procedures as may be
       prescribed by the State Comptroller of Public Accounts.


4.16   Insurance and Bonds

       A.     For any Contract which requires the Contractor to provide on-site services,
              the Contractor shall, prior to commencement of work, provide University
              with Certificates of Insurance in the below amounts and shall maintain
              such coverage in effect for the full duration of the Contract.




               1.   Workers’ Compensation:              Statutory
               2.   Employer’s Liability                $500,000.00


                                     20                            Last updated 01/26/2007
      3.   Comprehensive General Liability:      $1,000,000.00 each
                                                 occurrence
                                                 $1,000,000.00 in the
                                                 aggregate
      4.   Comprehensive Automobile
           Liability (Any auto, hired auto,
           non-owned auto)                       $1,000,000.00 each person
           a)      Bodily Injury:                $1,000,000.00 each
                                                 occurrence
           b)     Property Damage:               $1,000,000.00 each
                                                 occurrence
      5.   Owner’s and Contractor’s              $1,000,000
           Protective
      6.   Builder’s Risk:                       full value of construction
                                                 portion of contract




B.   Contractor shall deliver to University:

     1.     Certificates evidencing the existence of all such insurance promptly
            after the execution and delivery hereof and prior to the continued or
            additional performance of any services to be performed by Contractor
            hereunder from or after the date of any agreement or purchase order;
            and

     2.     Replacement certificates not less than thirty (30) days prior to the
            expiration of any such insurance. If, however, Contractor fails to pay
            any of the renewal premiums for the expiring policies, University shall
            have the right to make such payments and set-off the amount thereof
            against the next payment coming due to Contractor under any
            purchase order or agreement; and

     3.     Such Certificates shall name University as an Additional Insured, with
            the exception of Workers' Compensation and Employer's Liability,
            and shall provide that the policies will not be canceled until after thirty
            (30) days' unconditional, unqualified written notice to University,
            giving the University the right to pay the Premium to maintain
            coverage, in which event Paragraph 4.16.B.2 shall apply.

C.   The insurance policies required in this RFP shall be kept in force for the
     periods specified below:

     1.     Commercial General Liability Insurance, Auto Liability, Builder’s Risk,
            and Owner’s and Contractor’s Protective shall be kept in force until
            receipt of final payment by the Contractor;


                             21                               Last updated 01/26/2007
             2.     Workers' Compensation Insurance shall be kept in force until the
                    Contractor's obligations have been fully performed and accepted by
                    University in writing.

       D.    Contractor shall provide University a full and complete copy of any
             insurance policy promptly upon request by University, and without charge
             to University.

4.17   Indemnification

       A.    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
             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 university or any of the
             indemnitees has by law.

       B.    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 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, 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 university's
             design of articles or the use thereof in combination with other materials or


                                     22                               Last updated 01/26/2007
              in the operation of any process. In the event of litigation, 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.

       C.     The indemnities contained herein shall survive the termination of any
              agreement or purchase order for any reason whatsoever.

4.18   Force Majeure

       If either 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) day for each day of such delay.

4.19   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.

4.20   Non-Disclosure

       Contractor and 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 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.

4.21   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 University's employees or use University's name in connection with
       any sales promotion or publicity event without the prior express written approval
       of University.




                                       23                               Last updated 01/26/2007
4.22   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.

4.23   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.

4.24   Assignment

       The agreement with Contractor is a personal service contract for the services of
       Contractor, and Contractor's interest in such agreement, duties thereunder and/or
       fees due thereunder may not be assigned or delegated to a third party. The benefits
       and burdens of this agreement are, however, assignable by University.

4.25   Assignment of Overcharge Claims

       Contractor hereby assigns to 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).

4.26   Patent and Copyright

       Contractor shall pay for any royalties, license fees, copyrights or trade and service
       marks required to perform the services required by this Contract.

4.27   Texas Public Information Act

       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.




                                      24                             Last updated 01/26/2007
       Respondents are hereby notified that University strictly adheres to all statutes, court
       decisions, and opinions of the Texas Attorney General regarding the disclosure of
       RFQ/RFP information.

4.28   Freedom of Access and Use of Facilities

       Contractor's employees shall have reasonable and free access to use only those
       facilities of University that are necessary to perform services under this Contract
       and shall have no right of access to any other facilities of University.

4.29   Observance of 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 smoking, and parking and
       security regulations.

4.30   Section Headings

       All section headings are for convenience of reference only and are not intended
       to define or limit the scope of any provisions of this RFP.

4.31   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:

                 If to Contractor, to the Contractor's last known mailing address.

                 If to University:

                             Kerry L. Kennedy, VP of Business Affairs
                             Vice President of Business Affairs
                             The University of Texas at San Antonio
                             One UTSA Circle
                             San Antonio, Texas 78249
                             Phone: (210) 458-4201
                             Fax: (210) 458-4187
                             E-mail: kerry.kennedy@utsa.edu

4.32   Governing Law

       This Contract, including, without limitation, this RFP and any resulting agreement
       or purchase order, shall be construed and governed by the laws of the State of
       Texas.




                                      25                              Last updated 01/26/2007
                                     SECTION 5

                                5. SPECIFICATIONS


5.1   General

      University requests proposals from qualified and experienced firms for the
      Construction of      meeting the following minimum specifications stated in this
      Section.

5.2   Specifications/Scope of Work

      Respondents are instructed to carefully review University’s Construction
      Documents Package, which has been provided to interested potential
      respondents. Specifications are included in this RFP.

5.3   Delivery

      A.    This contract will take approximately             days to complete.      The
            University wishes to have the     of by

      B.    Time is of the essence in the performance of Contractor’s duties. Failure
            of the Contractor to notify University sufficiently in advance of inability to
            complete within the delivery schedule, shall grant University the option of
            canceling the order, purchasing from the best available source, and
            charging the Contractor the difference between the Contract price and
            actual purchase, if any, plus cost of handling. Notwithstanding the
            foregoing, University shall have no obligation to accept late performance
            or to waive timely performance by Contractor.

      C.    In no event shall changes be permitted without the express prior written
            authorization of the University Office of Purchasing and Distribution
            Services. Any such authorizations shall be in the form of a Contract
            amendment.

5.4   Estimated Budget

      The estimated budget amount for this project is $




                                   26                             Last updated 01/26/2007
5.5   Miscellaneous Provisions

      A.   Personnel

           Contractor shall maintain a staff of properly trained and experienced
           personnel to ensure satisfactory performance under this Contract.

           1.    Contractor shall assign to the University a designated
                 representative who will be responsible for the coordination and
                 administration of University's requirements.

      B.   Bonding

           1.    Respondent shall provide evidence satisfactory to Owner of
                 bonding capacity in the total estimated maximum amount of the
                 construction contract along with Respondent’s response to this
                 Request for Proposals.

           2.    A Payment Bond is not required on contracts of $25,000.00 or less.
                 A Performance Bond is not required on contracts Orders of
                 $100,000.00 or less. If the total contract price exceeds $25,000.00,
                 the Contractor shall execute in accordance with the provisions of
                 Chapter 2253, Texas Government Code, a Payment Bond in the
                 amount of the total price, solely for the protection of those supplying
                 labor, materials and/or equipment in the prosecution of the subject
                 contract. If the total contract price exceeds $100,000, the Contractor
                 shall execute in accordance with the provisions of said Chapter
                 2253, Texas Government Code, a Performance Bond in the amount
                 of the total contract price conditioned upon the faithful performance
                 of the contract, solely for the protection of the State of Texas.

           3.    Each bond shall be executed by a corporate surety or sureties
                 authorized to do business in the State of Texas and acceptable to
                 the Owner, and on the Owner's form. If any bond is for more than 10
                 percent of the surety's capital and surplus, the Owner may require
                 certification that the company has reinsured the excess portion with
                 one or more reinsurers authorized, accredited, or trusteed to do
                 business in the State. A reinsurer may not reinsure for more than 10
                 percent of its capital and surplus. If a surety upon a bond loses its
                 authority to do business in the State, the Contractor shall within thirty
                 (30) days after such loss furnish a replacement bond at no added
                 cost to the Owner.

           4.    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



                                  27                             Last updated 01/26/2007
           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.    Each bond with a penal sum in excess of $100,000 shall be
           executed by a corporate surety or sureties listed on the then-current
           version of U.S. Treasury Department circular 570 and which hold a
           certificate of authority from the U.S. Secretary of the Treasury as a
           surety, or obtain reinsurance from a reinsurer authorized as a
           reinsurer in Texas and which is listed on the then-current U.S.
           Treasury Department circular 570 and holds a certificate of authority
           from the U.S. Secretary of the Treasury as a surety or reinsurer.

C.   Project Execution

     1.    University shall provide or contract for, independently of the general
           contractor, the inspection services, the testing of construction
           materials engineering, and the verification testing services necessary
           for acceptance of the facility by University.




                           28                            Last updated 01/26/2007
                                     SECTION 6
                              6. EXECUTION OF OFFER
                                 RFP NO: 743—

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.

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 UNIVERSITY. A FALSE CERTIFICATION SHALL BE DEEMED A MATERIAL BREACH OF
CONTRACT AND, AT UNIVERSITY'S OPTION, MAY RESULT IN TERMINATION OF ANY RESULTING
CONTRACT OR PURCHASE ORDER.

1.    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 University and Respondent; (3) University has made no
      representation or warranty, written or oral, that one or more contracts with
      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.

2.    By signature hereon, Respondent offers and agrees to furnish to 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.

3.    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.

4.    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.

5.    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.

                                    29                             Last updated 01/26/2007
6.   By signature hereon, Respondent represents and warrants that:

     a.     Respondent is a reputable company regularly engaged in providing products
            and/or services necessary to meet the terms, conditions and requirements
            of the RFP;

     b.     Respondent has the necessary experience, knowledge, abilities, skills, and
            resources to satisfactorily perform the terms, conditions and requirements of
            the RFP;

     c.     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;

     d.     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;

     e.     Respondent, if selected by University, will maintain insurance as required by
            the Contract;

     f.     All statements, information and representations prepared and submitted in
            response to this RFP are current, complete, true and accurate.
            Respondent acknowledges that University will rely on such statements,
            information and representations in selecting the Successful Respondent. If
            selected by University as the Successful Respondent, Respondent will notify
            University immediately of any material change in any matters with regard to
            which Respondent has made a statement or representation or provided
            information.

7.   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.

8.   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.

9.   By signature hereon, Respondent 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.”

     “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
                                     30                            Last updated 01/26/2007
      ineligible to receive the specified contract and acknowledges that this contract may
      be terminated and payment withheld if this certification is inaccurate.”

      “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.”

10.   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 University of Texas
      component, or Respondent has not been an employee of any 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
      University entering into any contract with Respondent.

11.   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).

12.   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.

13.   By signature hereon, Respondent signifies his compliance with all federal laws
      and regulations pertaining to Equal Employment Opportunities and Affirmative
      Action.

14.   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.

15.   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




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Please complete the following:

If a Corporation:
              Respondent’s State of Incorporation:   _________________________

             Respondent’s Charter No: ____________________________________


NOTICE: WITH FEW EXCEPTIONS, INDIVIDUALS ARE ENTITLED ON REQUEST TO BE INFORMED
ABOUT THE INFORMATION THAT GOVERNMENTAL BODIES OF THE STATE OF TEXAS COLLECT
ABOUT SUCH INDIVIDUALS. UNDER SECTIONS 552.021 AND 552.023, GOVERNMENT CODE,
INDIVIDUALS ARE ENTITLED TO RECEIVE AND REVIEW SUCH INFORMATION. UNDER SECTION
559.004, GOVERNMENT CODE, INDIVIDUALS ARE ENTITLED TO HAVE GOVERNMENTAL BODIES
OF THE STATE OF TEXAS CORRECT INFORMATION ABOUT SUCH INDIVIDUALS THAT IS
INCORRECT.



Submitted and Certified By:


__________________________________
(Respondent’s Name)                                       (Authorized Signature)

___________________________________________________________________
(Date)                                           (Printed Name/Title)

_____________________________________ _____________________________
                                                 (Telephone Number)

___________________________________________________________________
(Street Address)                                 (Facsimile Number)

______________________________________
(City, State, Zip Code)




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                                         SECTION 7

                       7. PRICING AND DELIVERY SCHEDULE


Proposal of: ___________________________________
                  (Company Name)

To:   University of Texas at San Antonio
Ref.: Construction
RFP No: 743-

Ladies and Gentlemen:

Having carefully examined all the specifications and requirements of this RFP and any
attachments thereto, the undersigned proposes to furnish the construction services as
required pursuant to the aforementioned documents at the below quoted terms. The
University reserves the right to award a single bid item or any combination of bid items
when multiple bid items occur.

7.1   Pricing Schedule


ALTERNATES: None


7.2    Delivery Schedule

UTSA expects substantial completion by       . UTSA expects to provide Notice To Proceed to
selected contractor on     .

 1) Respondent able to complete the work on or before the required substantial completion
    date:  yes         no

 2) Indicate date of substantial completion: _____________________
 3) UTSA reserves the right to perform services necessary to make        should respondent
    not meet substantial completion date of

NOTE: IMPORTANT - CONTRACTOR SHALL PROVIDE AN ANTICIPATED CONSTRUCTION
SCHEDULE WITH THIS PROPOSAL AS DESCRIBED IN SECTION 8, Items 9, 10 and 11
“Approach To Project.”




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7.3   Payment Terms

The following payment term options and discounts are quoted (University’s suggested
payment terms are 2%/10 NET 30):

            Net 30 days _________%

            Net 15 days _________%

            Net 10 days _________%

Respondent may offer additional payment term options and discounts for University to
consider.

7.4   Addenda Checklist

Receipt is hereby acknowledged of the following addenda to this RFQ/RFP. (initial if
applicable)

            No. 1 _____ No. 2 _____ No. 3 _____ No. 4 _____

                                             Respectfully submitted,



                                       By :_____________________________
                                             (Authorized Signature)

                                       Date:___________________________




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7.5   Liquidated Damages

For each consecutive calendar day after the substantial completion period set forth in
Article 2 of the 2005 Edition Uniform General and Supplementary Conditions for Building
Construction Contracts for the University of Texas System above that any work, including
the correction of deficiencies found during the final testing and inspection, is not
completed, the amount of            ($      ) will be deducted from the money due or
becomes due the Contractor, 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.




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                                         SECTION 8

                            8. RESPONDENT QUESTIONNAIRE


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.


Company Profile

1.    Legal name of the company:
      __________________________________________________
      Address of office which would be providing service:
      ________________________________
      ________________________________
      Number of years in Business: __________
      Type of Operation: Individual: _____ Partnership: _____             Corporation:   _____
      Government: _____
      Number of Employees: __________
      Annual Sales Volume: __________

2.    State that you will provide a copy of your company's financial statements for the past two
      (2) years, if requested by University.

3.    Provide a Financial rating of your company and any documentation (such as a Dunn and
      Bradstreet analysis) which indicates the financial stability of your company.

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
      organizational and directional terms.

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 University.

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.

7.    Provide a customer reference list of no less than five (5) organizations with whom
      Respondent currently has contracts with and/or has previously provided __________
      ________ __________ of equal type and scope within the past three (3) years.
      Reference list to include, company name, contact person, and telephone number, project
      description, length of business relationship and background of project (year of project,
      summary of work performed, etc.). Please do not submit more than one UTSA job.




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8.    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.

Approach to Project

9.    Provide a statement of the project approach, any unique benefits, and other
      considerations.

10.   Provide an estimate of the earliest start date following execution of a contract.

11.   Submit a work-plan with key dates and milestones. Your response should include (if
      applicable):
      -      Implementation strategy
      -      Completion milestones for various trades
      -      Electrical and equipment testing schedule
      -      Final completion date

General Requirements

12.   Provide summary resumes for proposed project team members, including their specific
      experiences with similar projects, and number of years with your company.

13.   What difficulties do you anticipate in serving University and how do you plan to manage
      these? What assistance will you require from University?

Service Support

14.   Describe your company's service support philosophy, how is it carried out, and how
      success in keeping this philosophy is measured.

Quality Assurance

15.   Describe your company's quality assurance program, what are your company’s
      requirements, and how are they measured?

Miscellaneous

16.   Provide a list of any goods or services not specified in this RQF/RFP that your company
      will provide to University, e.g. project management software.

17.   Provide details regarding any special services or product characteristics, or other benefits
      offered, or advantages in University selecting your company.

NOTICE: WITH FEW EXCEPTIONS, INDIVIDUALS ARE ENTITLED ON REQUEST TO BE INFORMED ABOUT
THE INFORMATION THAT GOVERNMENTAL BODIES OF THE STATE OF TEXAS COLLECT ABOUT SUCH
INDIVIDUALS. UNDER SECTIONS 552.021 AND 552.023, GOVERNMENT CODE, INDIVIDUALS ARE
ENTITLED TO RECEIVE AND REVIEW SUCH INFORMATION. UNDER SECTION 559.004, GOVERNMENT
CODE, INDIVIDUALS ARE ENTITLED TO HAVE GOVERNMENTAL BODIES OF THE STATE OF TEXAS CORRECT
INFORMATION ABOUT SUCH INDIVIDUALS THAT IS INCORRECT.
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HUB Subcontracting Plan 38
                               EXHIBIT "A"




                    THE UNIVERSITY OF TEXAS SYSTEM

                THE UNIVERSITY OF TEXAS AT SAN ANTONIO




                      PREVAILING WAGE GUIDELINES

                               May 11, 2001




                                  NOTE:

           THE “PREVAILING WAGE SCHEDULE” RATE DETERMINATION

                   IS LOCATED AT THE END OF EXHIBIT “A”

                      TEXAS PREVAILING WAGE LAW




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HUB Subcontracting Plan 39


PURPOSE AND SCOPE

This reference Guide provides general information about the application of the Texas Prevailing Wage Law, and
sets forth the criteria and procedures for its implementation at public works projects administered by The University
of Texas System.


TEXAS PREVAILING WAGE LAW

Art. 5159.a,      Vernon's Texas Civil Statutes.
                  Work Performed of public works in State and municipal
                  or political subdivisions; prevailing wage rate
                  to be maintained

          Sec. 1. Not less than the general prevailing rate of per diem wages for work of a similar character in the
locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal
holiday and overtime work, shall be paid to all laborers, workmen and mechanics employed by or on behalf of the
State of Texas, or by or on behalf of any county, city and county, city, town, district or other political subdivision of
the State, engaged in the Work performance of public works, exclusive of maintenance work. Laborers, workmen,
and mechanics employed by contractors or subcontractors in the execution of any contract or contracts for public
works with the State, or any officer or public body thereof, or in the execution of any contract or contracts for public
works, with any county, city and county, city, town, district or other political subdivision of this State, or any officer or
public body thereof, shall be deemed to be employed upon public works.

        Sec. 2.

         (a)      The public body awarding any contract for public work on behalf of the State, or on behalf of any
county, city and county, city, town, district or other political subdivision thereof, or otherwise undertaking any public
work, shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be
performed for each craft or type of workman or mechanic needed to execute the contract, and shall specify in the
call for bids for said contract, and in the contract itself, what the general prevailing rate of per diem wages in the
said locality is for each craft or type of workman needed to execute the contract, also the prevailing rate for legal
holiday and overtime work, and it shall be mandatory upon the contractor to whom the contract is awarded, and
upon any subcontractor under him, to pay not less than the said specified rates to all laborers, workmen and
mechanics employed by them in the execution of the contract. Failure of the awarding body to ascertain and
specify in the call for the contract the prevailing wage rate in that locality relieves the contractor or subcontractor
from liability under this Act. To ascertain the general prevailing wage rate, the public body shall either conduct a
survey to determine the prevailing wage based upon the wages received by classes of laborers and mechanics
employed on projects of a character similar to the contract work in the city, county or other political subdivision of
the State in which the work is to be performed, or adopt the prevailing wage rate as determined by the U. S.
Department of Labor in accordance with the Davis-Bacon Act, if the survey on which the Davis-Bacon rate was
founded was conducted within three years prior to the bidding of the project.




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HUB Subcontracting Plan 40
        (b)      A contractor or subcontractor in violation of this Act is liable for a penalty. That contractor or
subcontractor shall pay to the State, county, or city with more than 10,000 residents, district or other political
subdivision on whose behalf the contract is made or awarded, Sixty Dollars ($60.00) for each laborer, workman or
mechanic employed, for each calendar day, or portion thereof, such laborer, workman or mechanic is paid less than
the said stipulated rates for any work done under said contract, and the said public body awarding the contract shall
cause to be inserted in the contract a stipulation to this effect. The money collected under this subsection shall be
used by the awarding body to offset the costs incurred in the administration of this section.

        (c)     Upon receipt of a complaint by a laborer, workman, or mechanic or other pertinent information, the
public body shall determine within 30 days whether good cause exists to believe that a contractor or subcontractor
has committed a violation of this Act. The public body shall provide written notice of its determination to the
contractor or subcontractor and any affected laborer, workman, or mechanic. The public body shall retain any
amounts due under the contract pending a final determination of the violation.

         (d)      If the contractor or subcontractor and any affected laborer, workman, or mechanic fail to resolve
the alleged violation by agreement within 14 days of the determination by the public body, the issues of the alleged
violation, any penalties owed to the public body, and any amounts owed to any affected laborer, workman, or
mechanic shall be submitted to binding arbitration in accordance with the provisions of the Texas General
Arbitration Act (Art. 224 et seq., Revised Statutes). If the parties fail to agree upon an arbitrator within 10 days, the
arbitrator shall be designated by the district court upon petition of any party. The decision and award of the
arbitrator is final and binding upon all parties and may be enforced in any court of competent jurisdiction. The
public body is not a party in the arbitration.

         (e)     The arbitrator shall assess and award all reasonable costs, including the arbitrator's fee, against
the party or parties who fail to prevail in the proceeding. Costs may be assessed against the workman, laborer, or
mechanic only if the arbitrator finds that the claim was frivolous. If the arbitrator does not find that the claim is
frivolous and does not make an award to the laborer, workman, or mechanic, costs will be shared equally by the
parties. If the arbitrator determines that a violation of the Act has occurred, the arbitrator shall assess and award
penalties as provided in the Act and all amounts owed to the affected workman, laborer, or mechanic against the
contractor or subcontractor.

         (f)     The public body shall use any amounts retained under this subsection to reimburse the laborer,
workman, or mechanic for the amount owed to that person because of the failure to pay the person the general
prevailing rate of per diem wages as provided in the arbitrators' award. The public body may adopt rules, orders, or
ordinances relating to the manner in which the reimbursement is made to the laborer, workman, or mechanic. An
officer, agent, or employee of a public body is not liable in a civil action for any act or omission implementing or
enforcing this Act unless the action was made in bad faith. The contractor is entitled to rely on a certificate by a
subcontractor as to the payment of all sums due to those working for and under that subcontractor until the contrary
has been determined.

         (g)       If the amounts withheld by, if any, the public body under Subsection (c) of this section are
insufficient to fully reimburse the laborer, workman, or mechanic for amounts owed to that person under the terms
of this Act, that person has a right of action against the contractor or subcontractor and the surety of that person to
recover any amounts owed, reasonable attorney's fees and court costs.

         (h)    It shall be the duty of such public body awarding the contract, and its agents and officers, to take
cognizance of complaints of all violations of the provisions of this Act committed in the course of the execution of
the contract, and, when making payments to the contractor of moneys becoming due under said contract, to
withhold and retain all sums and amounts forfeited or required to be retained under this section; provided, however,
that no sum shall be so withheld, retained or forfeited, except from the final payment, without a determination by the
awarding body that good cause exists to believe that a violation has occurred.

        (i)     It shall be lawful for any contractor to withhold from any subcontractor under him sufficient sums to
cover any amounts withheld from him by the awarding body on account of the said subcontractor's failure to comply
with the terms of this Act, and if payment has already been made to the subcontractor, the contractor may withhold
the amount from any future payments owed to the subcontractor or recover from the subcontractor or the
subcontractor's surety in a suit at law the amount retained or forfeited.



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HUB Subcontracting Plan 41
        Sec. 3. The contractor and each subcontractor shall keep, or cause to be kept, an accurate record
showing the names and occupations of all laborers, workmen and mechanics employed by him, in connection with
the said public work, and showing also the actual per diem wages paid to each of such workers, which record shall
be open at all reasonable hours to the inspection of the public body awarding the contract, its officers and agents.

         Sec. 4. Any work performance or repair work done under contract, and paid for in whole or in part out of
public funds, other than work done directly by any public utility company pursuant to order of the Railroad
Commission or other public authority, whether or not done under public supervision or direction, or paid for wholly
or in part out of public funds, shall be held to be "public works" within the meaning of this Act. The term "locality in
which the work is performed" shall be held to mean the county, city and county, city, town, district or other political
subdivision of this state in which the building, highway, road, excavation, or other structure, project development or
improvement is situated in all cases in which the contract is awarded by the State, or any public body thereof, and
shall be held to mean the limits of the county, city and county, city, town, district or other political subdivisions on
whose behalf the contract is awarded in all cases. The term "general prevailing rate of per diem wages" shall be
the rate determined upon as such rate by the public body awarding the contract, or authorizing the work, whose
decision in the matter shall be final. It is mandatory that the public body states such prevailing wage as a sum
certain, in dollars and cents. Nothing in this Act, however, shall be construed to prohibit the payment to any
laborer, workman or mechanic employed on any public work as aforesaid of more than the said general prevailing
rate of wages.

         Sec. 5. Any officer, agent or representative of the State, or any political subdivision, district or municipality
thereof, who willfully shall violate, or omit to comply with, any of the provisions of this Act, and any contractor or
subcontractor, or agent or representative thereof, doing public work as aforesaid, who shall neglect to keep, or
cause to kept, an accurate record of the names, occupation and actual wages paid to each laborer, workman and
mechanic employed by him in connection with the said public work, or who shall refuse to allow access to same at
any reasonable hour to any person authorized to inspect same under this Act, shall be guilty of a misdemeanor,
and upon conviction shall be punished by a fine of not exceeding Five Hundred Dollars ($500.00), or by
imprisonment for not exceeding six (6) months, or by both such fine and imprisonment, in the discretion of the
Court.

        Sec. 6. If any section, sentence, clause or part of this Act is for any reason held to be unconstitutional,
such decision shall not affect the remaining portions of this Act. The Legislature hereby declares that it would have
passed this Act, and each section, sentence, clause or part thereof, irrespective of the fact that one or more
sections, sentences, clauses or parts thereof be declared unconstitutional.


RESPONSIBILITY OF CONTRACTORS AND SUBCONTRACTORS

Contracts for the work performance of public works for the State, municipalities, and political subdivisions require
the contractors and subcontractors to comply with the Texas Prevailing Wage Law and to cooperate with any
investigations of alleged violations of that law. A contractor or subcontractor in violation of the Texas Prevailing
Wage Law by underpaying its workers is liable for a penalty of $60.00 per underpaid worker per day or portion
thereof. If a subcontractor is in violation, the System may withhold the amount of the penalty from amounts
otherwise due to the Contractor, and the contractor in turn may withhold said amount from amounts otherwise due
to the subcontractor.


DELEGATION OF AUTHORITY

The Board of Regents of The University of Texas System has authorized the Chancellor to enforce the Texas
Prevailing Wage Law as it applies to the System's work performance contracts, whether such contracts are
administered by the System's Office of Facilities Planning and Construction (OFPC) or by the Facilities Services or
Purchasing and Distribution Services Departments of the System's component institutions. Such enforcement
includes issuing prevailing wage schedules, conducting wage investigations, and making wage determinations.
The Chancellor has delegated such enforcement powers to the Director, OFPC, and the Director's representatives.



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HUB Subcontracting Plan 42
___     _______

USE OF RATES DETERMINED BY SURVEYS IS MANDATED BY BOARD OF REGENTS
________

The Board of Regents of The University of Texas System has directed that the Director, OFPC, and the Director's
representatives in administering the Texas Prevailing Wage Law shall base the prevailing wage schedules on
surveys pursuant to the first half of the last sentence of section 2(a) of Article 5159a, V.T.C.S. At present the U. T.
System is not itself conducting such surveys but rather is utilizing the results of surveys conducted by the General
Services Commission.


PREVAILING WAGE DETERMINATIONS

The minimum hourly wages established for laborers, workmen, and mechanics employed in the performance of a
System Work Performance contract are set forth in the prevailing wage schedule issued for that contract. As
indicated above, each such schedule must be based upon the wage rates determined by surveys for that
geographical area. Any wage rate may be corrected, if it is timely found that an erroneous wage rate has been
incorporated in the prevailing wage schedule and if such correction is feasible. Similarly, the wage schedule may
be supplemented, if it is timely found that classifications of worker needed for performance of the contract were
omitted from the schedules and if such supplementation is feasible.


WORKER CLASSIFICATION DETERMINATIONS

The worker classifications for each craft or type of workman needed to perform a System Work Performance
contract are set forth in the prevailing wage schedule. The worker classifications applicable to a contract are
consistent with the usual and customary classifications of firms engaged in work performance of similar projects in
the locality. It is the duty of the contractor or subcontractor to classify or reclassify each worker employed on the
project in conformity with the wage rate schedule, regardless of whether the contractor or subcontractor other- wise
uses classifications not listed.




PLACE OF PERFORMANCE

The place of performance of a System Work Performance contract is the physical place or places where the work
performance called for in the contract will remain when work on it has been completed and other adjacent or nearby
property used by the contractor or subcontractor in such work performance. A wage determination incorporated in
a contract shall be applicable thereto regardless of whether the contractor subsequently changes the place of
performance of any part of the contract work or subcontracts any part of the contract work to a firm which performs
the work in a different locality. Not included in the place of performance are permanent home offices, fabrication
plants, manufacturing establishments, tool yards or other permanent facilities not on the project site which were
established before the opening of bids and whose location and continuance in operation are determined without
regard to the contract or project, even where the operations for a period of time may be dedicated exclusively, or
nearly so, to the performance of the contract.


WORKERS MUST BE NOTIFIED

Each contractor and subcontractor must notify each of its workers commencing work on a System work
performance contract of the worker's job classification and the prevailing wage rate(s) required as a minimum to be
paid to such worker. The notice must be delivered to the employee in writing and must list for each classification in

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HUB Subcontracting Plan 43
which the worker is assigned duties both the basic hourly wage and (if applicable) the supplemental hourly wage in
the form of fringe benefits or cash equivalent.




WORK SUBJECT TO DIFFERENT RATES

If a worker during a workweek is assigned to work in different capacities and two or more wage rates are applicable
to the classes of work which he or she performs, it is the duty of the contractor to see to it that the worker's
employer, whether the contractor or a subcontractor, identifies accurately in its records those periods in each
workweek when each such employee performed work in each capacity. The worker must be paid the highest of
such rates for all hours worked in the workweek unless the contractor’s or subcontractor's records clearly show
which hours were spent in each class of work.


CONTRACT TERMINATION

As provided in the Uniform and Supplemental General Conditions, where a violation is found of any contract
provision, the contract is subject upon proper notice to cancellation. Thereafter the System may enter into other
contracts or arrangements for substantial completion of the original contract, charging any additional costs to the
original contractor or its surety. Failure to adhere to the contract provisions requiring compliance with the Texas
Prevailing Wage Law and other state laws is considered a serious and material breach of contract.


INVESTIGATIONS AND ARBITRATION

Any employee on a public work of The University of Texas System who believes he/she has not been paid the
established prevailing wage for work done may file a complaint with the System. Any such complaint shall be
reduced to writing, shall set forth with reasonable particularity the grounds for the complaint, and shall be
acknowledged under oath by the employee.

It is the duty of each contractor or subcontractor, upon request from the Director, OFPC, or other authorized
representatives of The University of Texas System, to furnish certified payrolls, to make other employment and
project work records available for inspection and copying, to permit entry to the job site for the purpose of observing
work activity, and to facilitate interviews of project workers for a reasonable duration.

The Director, OFPC, or the Director's representative will determine within 30 days after receipt of a complaint
whether good cause exists to believe that a contractor or subcontractor has violated the law, and will notify the
contractor or subcontractor and the worker of the determination.

If the contractor or subcontractor and the workman fail to resolve the alleged violation within 14 days after their
receipt of the determination, the issues of the alleged violation, any penalties owed, and any amount owed to the
worker shall be submitted to binding arbitration as provided in the Texas Prevailing Wage Law. The provisions of
said law shall be enforced as applicable.


RETALIATION PROHIBITED

It is the duty of the contractor to insure that no worker employed in the performance of a contract administered by
The University of Texas System is discharged or otherwise discriminated against because such employee filed a
complaint or testified in connection with an investigation of a possible violation of the Texas Prevailing Wage Law.



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PUBLIC INFORMATION

Subject to the provisions of Article 6252-17A, Vernon's Annotated Texas Statutes, all information collected,
assembled, or maintained by The University of Texas System pursuant to law or in connection with the transaction
of official business is public information and available to the public.


ADDITIONAL STATE AND FEDERAL LAWS

In addition to the Texas Prevailing Wage Law administered by The University of Texas System, there are a number
of other state and federal labor laws administered by various other agencies that may apply to the work
performance of public works in Texas. Among these are:

        °       the Texas Pay Day Law, Article 5155, et. seq.
                Vernon's Civil Statutes

        °       the Texas Minimum Wage Act of 1970, Article 5159(d)
                Vernon's Civil Statutes

        °       the Texas Eight Hour Day Law, Article 5165, et. seq.
                Vernon's Civil Statutes

        °       the Texas Human Relations Commissions Act

        °       the Davis-Bacon Act, 40 USCA Section 276 (applies by its terms to federally-financed or - assisted
                work performance).

        °       the Fair Labor Standards Act of 1938, as amended 29 U.S.C.A., Section 201, et. seq. (determines
                the minimum wage, overtime pay, record keeping and child labor standards for certain employment
                in and affecting interstate commerce)

        °       The National Apprenticeship Act of 1937 (29 U.S.C.A 50) relating to standards for apprenticeship
                programs.



DEFINITIONS

The following words and terms, when used herein, shall have the following meanings, unless the context clearly
indicates otherwise.

Affidavit - A statement in writing of a fact signed by the party making the statement, sworn to before an officer
authorized to administer oaths, and officially certified by the officer.

Apprentice - A worker employed in an apprenticeship program to learn a specific trade or craft who works under the
supervision of a qualified and experienced worker. A person who labors in the interests and for the benefit of an
employer, but due to inexperience, the product of his/her labor is inferior to that of an experienced worker. A
person who learns, according to a written or oral apprenticeship agreement, a recognized skilled trade or craft. An
apprentice may be paid less than the journeyman's wage rate for the work done, but not less than sixty percent
(60%) or the level of progress rate agreed upon for the apprenticeship program, whichever is greater. The term,
apprentice, is a synonym for trainee.

Apprenticeable Trade or Craft - A skilled trade or craft that involves manual, mechanical or technical skills and
knowledge customarily learned in a practical way through a structured, systematic program of on-the-job
supervised training and requires related instruction to supplement the on-the-job training. Apprenticeability of a


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HUB Subcontracting Plan 45
particular craft or trade is best evidenced by its acceptability for registration as a trade by a State apprenticeship
agency or the Federal Bureau of Apprenticeship and Training.

Apprenticeship Program - A plan containing all terms and conditions for the qualification, recruitment, selection,
employment and training of apprentices. A typical apprenticeship program may require one or more years of on-
the-job training through job experience supplemented by related instruction, prior to being considered a qualified
skilled worker.

Apprenticeship Agreement - Provisions of apprenticeship agreement regularly include length of apprenticeship; a
progressive scale of wages; work processes to be taught; and amount of instruction in subjects related to the craft
or trade, such as characteristics of materials and tools used, physics, mathematics, estimating, and blueprinting
reading.

Burden of Proof - The duty to produce sufficient and credible evidence that a given fact is true.

Complaint - A notice of an alleged violation of the Act given by a worker, laborer or mechanic employed under a
public works contract to the Director, OFPC. An employee who brings a complaint for failure to pay established
prevailing wages bears the burden of proving that he performed work for which he was not properly compensated.

Day - means a calendar day.

Helper - A semiskilled worker who performs a variety of duties to assist a journeyman worker is a helper. A helper
assists a journeyman worker by performing such duties as furnishing a journeyman worker with materials, tools,
and supplies; cleaning work area, machines, and equipment; feeding machines; holding materials or tools; and
performing other routine duties. A helper may use tools of the trade in performing routine duties at and under the
direction and supervision of a journeyman. A helper may learn a trade but does so without an agreement with
employer that such is the purpose of their relationship. Consequently, the title helper is sometimes used as a
synonym for apprentice, but that is incorrect. A helper is assigned to the same classification as the journeyman
worker assisted (e.g.: bricklayer helper). A helper may be paid less than the journeyman's wage rate for the work
done, but not less than sixty percent (60%).

Instructor - A term applied to workers who instruct new employees in operations by giving on-the-job training.
Workers are classified according to major work assignments.

Journeyman Worker - A term applied to an experienced worker. A worker who has completed a specified training
program as an apprentice in learning a trade or craft, or who can give written proof of a specified number of years
of qualifying experience for such trade or craft. A worker who is capable of independent work and of supervising
and directing other lesser skilled workers.

Laborer - An unskilled or semiskilled worker whose duties are manual or physical in nature is a laborer. A laborer
assists workers engaged in any job classification and may perform any combination of duties and tasks to assist
workers involved in performance work. A laborer may on occasion use tools of the trade at or under the direction
and supervision of a journeyman. A laborer may be subclassified according to experience and difficulty of tasks
performed as well as the usual and customary practice in the locality.

Leader - A term applied to a worker who takes the lead and gives directions to workers while performing same
duties as workers. Regularly performs all tasks of workers in group. Supervisory functions are secondary to the
production duties performed and a leader is assigned to the same classification as the workers led. A leader is
sometimes used as a synonym for a Working Foreman.

Locality - means the city, town, county or other subdivision of the State in which the work is to be performed.

Overtime - Work required of an employee in excess of forty (40) hours in any workweek in which the worker is
employed is considered overtime. Overtime shall be paid for all hours in excess of forty hours in such workweek at
a rate not less than one and one-half times the worker's basic rate of pay.


Supervise and Direct - Means to coordinate the activities of workers engaged in work performance; to assign duties
and examine work for exactness and conformance; to read and interpret work schedules and specifications to
workers; to instruct workers in the use and operation of tools and equipment; to establish and adjust work goals. A
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HUB Subcontracting Plan 46
journeyman worker may not supervise and direct the work of any combination of more than four apprentices,
trainees or helpers.

Wage Determination - includes the original decision set forth in the wage rate schedule and any subsequent
decisions modifying, correcting or otherwise changing the provisions of the original decision.

Wages - means the hourly rate of pay. Includes both basic hourly wages and (if applicable) supplemental hourly
wages in the form of fringe benefits or the cash equivalent. Wages do not include the employer's contributions to
social security programs, unemployment insurance, or the like.

Willful - Employer or the employer's representative acts willfully with respect to claim for prevailing wages if the
party knows or has reason to know that his employees are subject to the provisions of the Texas Prevailing Wage
Law and the conduct is deliberate, voluntary and intentional as distinguished from conduct committed through
inadvertence, accident or by ordinary negligence.




“PREVAILING WAGE SCHEDULE” RATE DETERMINATION

The University of Texas at San Antonio is the contracting agency for this work performance project. The following
statute requires the contracting agency to specify the generally prevailing rates of wages in contracts that are bid.

        Vernon's Texas Civil Statutes - Article 5159a:
        "Construction of Public Works in State and
        Municipal or Political Subdivisions; Prevailing
        Wage Rates to be maintained"
        and
        Article II., Item 2.2 of the
        Uniform General Conditions and
        Supplementary General Conditions

Pursuant to the requirements of this statue, we have determined that the following rates of wages are paid to
various classifications of workers in the locality of this project.

Accordingly, the prevailing wage determination for Building Construction Trades shall be paid to all workers for
work located INSIDE a boundary line placed five feet beyond the drip line of building structures, and the prevailing
wage determination for Site Work and Utility Construction shall be paid to all workers for work located OUTSIDE a
boundary line placed five feet beyond the drip line of building structures, or applicable to the specific project.

Welders shall receive the rate prescribed for the craft performing the operation to which the welding is incidental.
Also, the rate for welders for utility work performance located OUTSIDE a boundary line place five feet beyond the
dip line of structures shall be the same as the rate for such work located INSIDE the boundary line. For example,
utility systems required piping and other work to be continuous and consistent across the boundary lien with the
same quality of welding on both sides of the five foot line.

Total hourly compensation to each worker must equal or exceed the minimum wage rates stated below.
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 prevailing rate of "laborer" of the various classifications of work therein listed.

All hours of work over 40 hours per week are overtime and will compensate at the rate of 1 and 1/2 times the
regular wage.



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HUB Subcontracting Plan 47
Apprentices/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 nor less than the Laborers (General) rate. At no time shall a journeyman
supervise more than two of either apprentices, trainees or helpers. All apprentices/trainees/helpers shall be under
the direct supervision of a journeyman working as a crew.




PREVAILING WAGE RATES BUILDING CONSTRUCTION TRADES


GENERAL DECISION TX010003 05/11/2001 TX3
Date: May 11, 2001
General Decision Number TX010003
Superseded General Decision No. TX000003
State: TEXAS
Construction Type: BUILDING
County(ies): BEXAR
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including 4 stories). (Use
current heavy & highway general wage determination for Paving &
Utilities Incidental to Building Construction).


Modification Number      Publication Date
      0         03/02/2001
      1         03/30/2001
      2         04/13/2001
      3         05/11/2001
COUNTY(ies):
BEXAR
                                                                           Rates     Fringe

 ASBESTOS/INSULATORS WORKERS (Includes application of all
 insulating materials, protective coverings, coatings, and finishings to   $18.53       $5.49
 all types of mechanical systems.)

 BRICKLAYERS                                                                16.05        3.05

 ELECTRICIANS (Including pulling and installing cable through conduit       18.85   2.20+8%
 for low voltage)

 CABLE SPLICERS                                                             18.85   2.20+8%


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HUB Subcontracting Plan 48

ELEVATOR CONSTRUCTORS/MECHANIC
(FOOTNOTE; A = UNDER 5 YEARS EMPLOYMENT, 6% BHR;
OVER 5 YEARS EMPLOYMENT, 8% BHR. PAID HOLIDAYS : New
Year's Day, Memorial Day, Independence Day, Labor Day,               21.475   7.195+A
Thanksgiving Day, Friday after Thanksgiving Day and Christmas Day)

POWER EQUIPMENT OPERATORS/Cranes                                      12.95      3.30

IRONWORKERS (Excluding metal building Erectors/structural)            15.10      4.35

TILE SETTERS                                                          13.79      2.07

PLUMBERS & PIPEFITTERS        (Including HVAC WORK)                   22.14      5.04
                                                                      22.62      7.35
SPRINKLER FITTERS

SHEET METAL WORKERS (Including HVAC Duct Work)                        20.60      5.94


ACOUSTICAL CEILING INSTALLERS                                         12.26

CARPENTERS (Excluding Acoustical Ceiling Installer & Drywall          10.64
Hanger)

CEMENT MASONS                                                         11.46

DRYWALL HANGERS                                                       11.88

GLAZIERS                                                              10.78      1.40

IRONWORKERS/REINFORCING (Excluding Metal Building                     10.19      3.57
Assemblers):

LABORERS:
 Unskilled                                                             7.06      1.78
 Mason Tenders                                                         8.36
 Mortar Mixers                                                         8.99
 Plasterer’s Tenders                                                   8.68

LATHERS                                                               15.25

PAINTERS (Excluding Tapers/Finishers)                                  8.01

PLASTERERS                                                            15.25

POWER EQUIPMENT OPERATORS
 Front End Loader                                                      7.36

ROOFERS:
 Roofers                                                               8.14
 Kettlemen                                                             8.85
 Waterproofers                                                         6.88

SHEET METAL WORKERS: Other Work                                       11.62

TAPERS/FINISHERS                                                       7.99

TRUCK DRIVERS                                                          7.10

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HUB Subcontracting Plan 49




----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental.
================================================================
Unlisted classifications needed for work not included within the scope of the classifications listed may be added
after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(v)).
----------------------------------------------------------------
In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to
be prevailing.
_____________________________________________________________________________

PREVAILING WAGE RATES HEAVY HIGHWAY AND CONSTRUCTION TRADES
______________________________________________________________________________

GENERAL DECISION TX010043 03/02/2001 TX43
Date: March 2, 2001
General Decision Number TX010043
Superseded General Decision No. TX000043
State: TEXAS
Construction Type:
HEAVY HIGHWAY
County(ies):
BELL                       CORYELL                     TRAVIS
BEXAR                      GUADALUPE                   WILLIAMSON
BRAZOS                     HAYS
COMAL                      MCLENNAN
Heavy (excluding tunnels and dams) and Highway Construction projects (does not include building structures in
rest area projects). *NOT TO BE USED FOR WORK ON SEWAGE OR WATER TREATMENT PLANTS OR
LIFT/PUMP STATIONS IN BELL, CORYELL, McLENNAN AND ILLIAMSON COUNTIES.
Modification Number                      publication Date
         0                               3/02/2001
COUNTY(ies):
BELL                       CORYELL                     TRAVIS
BEXAR                      GUADALUPE                   WILLIAMSON
BRAZOS                     HAYS
COMAL                      MCLENNAN
SUTX2042A 03/26/1998

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HUB Subcontracting Plan 50

                                    Rates    Fringes
AIR TOOL OPERATOR                   $ 8.08
ASPHALT HEATER OPERATOR              11.00
ASPHALT RAKER                         8.00
ASPHALT SHOVELER                      7.97
BATCHING PLANT WEIGHER               11.00
CARPENTER                            10.80
CONCRETE FINISHER-PAVING              9.57
CONCRETE FINISHER-STRUCTURES          8.83
CONCRETE RUBBER                       8.52
ELECTRICIAN                          16.25
FLAGGER                               6.86
FORM BUILDER-STRUCTURES               8.77
FORM LINER-PAVING & CURB              8.00
FORM SETTER-PAVING & CURB             8.68
FORM SETTER-STRUCTURES                8.73
LABORER-COMMON                        7.12
LABORER-UTILITY                       7.99
MECHANIC                             12.15
OILER                                11.40
SERVICER                              8.44
PAINTER-STRUCTURES                   10.00
PIPE LAYER                            8.27
ASPHALT DISTRIBUTOR OPERATOR          9.70
ASPHALT PAVING MACHINE                9.26
BROOM OR SWEEPER OPERATOR             7.12
BULLDOZER                             9.28
CONCRETE CURING MACHINE               7.79
CONCRETE FINISHING MACHINE           11.00
CONCRETE PAVING SAW                   9.79
SLIPFORM MACHINE OPERATOR            11.15
CRANE, CLAMSHELL, BACKHOE,
DERRICK, DRAGLINE, SHOVEL            10.12
FOUNDATION DRILL OPERATOR
TRUCK MOUNTED                        15.00
FRONT END LOADER                      8.86
HOIST - DOUBLE DRUM & LESS           10.81
MIXER                                 7.12

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HUB Subcontracting Plan 51
MIXER - CONCRETE PAVING                                                 11.00
MOTOR GRADER FINE GRADE                                                 12.37
MOTOR GRADER                                                            11.14




PAVEMENT MARKING MACHINE                                                 8.31
PLANER OPERATOR                                                         15.75
ROLLER, STEEL WHEEL PLANT-MIX
 PAVEMENTS                                                               7.73
ROLLER, STEEL WHEEL OTHER
 FLATWHEEL OR TAMPING                                                    7.33
ROLLER, PNEUMATIC, SELF PROPELLED                                        7.17
SCRAPERS                                                                 8.38
TRACTOR-CRAWLER TYPE                                                     9.40
TRAVELING MIXER                                                          7.92
TRENCHING MACHINE, HEAVY                                                 9.92
WAGON-DRILL/BORING MACHINE                                               8.00
REINFORCING STEEL SETTER PAVING                                         14.50
REINFORCING STEEL SETTER
 STRUCTURES                                                             10.61
STEEL WORKER-STRUCTURAL                                                 11.73
SPREADER BOX OPERATOR                                                    8.55
WORK ZONE BARRICADE                                                      8.29
SIGN INSTALLER                                                           7.97
TRUCK DRIVER-SINGLE AXLE LIGHT                                           8.32
TRUCK DRIVER-SINGLE AXLE HEAVY                                          7.954
TRUCK DRIVER-TANDEM AXLE SEMI-
 TRAILER                                                                 8.02
TRUCK DRIVER-LOWBOY/FLOAT                                               10.12
WELDER                                                                  11.02




----------------------------------------------------------------



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HUB Subcontracting Plan 52
Unlisted classifications needed for work not included within the scope of the classifications listed may be added
after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(v)).
----------------------------------------------------------------
In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to
be prevailing.
                                            WAGE DETERMINATION APPEALS PROCESS


1.) Has there been an initial decision in the matter? This can be:
                a. an existing published wage determination
                b. a survey underlying a wage determination
                c.   a Wage and Hour Division letter setting forth a position on a wage determination matter
                d. a conformance (additional classification and rate) ruling
      On survey related matters, initial contact, including requests for summaries of surveys, should be with the
      Wage and Hour Regional Office for the area in which the survey was conducted because those Regional
      Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not
      satisfactory, then the process described in 2.) and 3.) should be followed.


      With regard to any other matter not yet ripe for the formal process described here, initial contact should be with
      the Branch of Construction Wage Determinations. Write to:
             Branch of Construction Wage Determinations
             Wage and Hour Division
             U. S. Department of Labor
             200 Constitution Avenue, N. W.
             Washington, D. C. 20210


2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request
     review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7).
     Write to:
             Wage and Hour Administrator
             U.S. Department of Labor
              200 Constitution Avenue, N. W.
              Washington, D. C. 20210


      The request should be accompanied by a full statement of the interested party's position and by any
      information (wage payment data, project description, area practice material, etc.) that the requestor considers
      relevant to the issue.




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HUB Subcontracting Plan 53
3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative
    Review Board (formerly the Wage Appeals Board). Write to:
          Administrative Review Board
          U. S. Department of Labor
          200 Constitution Avenue, N. W.
          Washington, D. C. 20210


4.) All decisions by the Administrative Review Board are final.




                                           END OF GENERAL DECISION

                                                   (END OF EXHIBIT A)




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HUB Subcontracting Plan 54
                                   2005 EDITION
                 UNIFORM GENERAL AND SUPPLEMENTARY CONDITIONS
                      FOR BUILDING CONSTRUCTION CONTRACTS
                       FOR THE UNIVERSITY OF TEXAS SYSTEM

The contents of this document may be viewed and/or printed at this web site:

http://www.utsystem.edu/ogc/docs/constlaw/UGC -SGC08-02-06.pdf
This document is part of and governs this contract.

Note: If you do not have internet services a copy may be picked up at the UTSA Purchasing and
Distribution Services Office. Please call (210) 458-4060 and reserve a copy prior to arriving.




                                                 54                              Last updated 01/26/2007
                                          SPECIAL CONDITIONS


NOTE: These Special Conditions are the standard procedures and contract administration requirements of The
University of Texas at San Antonio, Facilities Services Department, for building construction contracts. They
replace or are added to (if below indicated) the correspondingly numbered paragraphs of the 2005 Edition
Uniform General and Supplementary Conditions. The paragraphs and subparagraphs of said 2005 Edition
Uniform General and Supplementary Conditions not thus replaced, continue in force, unaltered. Newly added
numbered paragraphs below are added to the requirements of the 2005 Edition Uniform General and
Supplementary Conditions and are a part of the Contract Documents.

ARTICLE I. CONTRACT DEFINITIONS

1.1    ARCHITECT/ENGINEER:

       1.1.1   A person registered as an architect pursuant to Article 249a, Vernon’s Texas Civil Statutes
               (V.T.C.S.), as a landscape architect pursuant to Article 249c, V.T.C.S., and/or a person licensed as
               a professional engineer pursuant to Article 327la, V.T.C.S., or firm employed to provide
               professional architectural or engineering services and having overall responsibility for the design or
               production of documents for a project or a significant portion thereof.

1.9    CONTRACT DOCUMENTS

       1.9.1   The Contract Documents shall include the Notice to Proposers, Information to Proposers, Proposal,
               the Owner-Contractor Contract, the Conditions of the Contract (Uniform General, Supplementary
               General, Additional General, and Special), the Specifications, Drawings, and all Addenda issued
               prior to and Change Orders issued after the execution of the Contract.

       1.9.2   These Special Conditions alter or expand upon matters covered in the State of Texas 2005 Edition
               Uniform General and Supplementary Conditions, preserving the format of both those General
               Conditions, to the extent that enumerated articles, subparagraphs, etc. in both those General
               Conditions and Supplementary Conditions not referenced in these Special Conditions shall
               continue in force, unaltered or unexpanded.

1.11   THE CONTRACT SUM:

       1.11.1 Alternates: An alternate is an amount proposed by Proposer and stated on the Proposal Form
              that will be added to or deducted from Base Bid 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 the 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.

1.18   OWNER:

       1.18.1 The Owner is The University of Texas at San Antonio.


ARTICLE III. COMPLIANCE WITH THE ENFORCEMENT OF PREVAILING WAGE LAWS
3.1    WAGE RATES:

       3.1.3   Prevailing Wage Guidelines: The Contractor is responsible for compliance with the prevailing
               wage law in accordance with the U.T. System Prevailing Wage Guidelines. See Exhibit "A" dated
               May 11, 2001, following the Information to Proposer of this Specification.


                                                     1                                   Last updated 01/26/2007
      3.1.4   NOTE: Referenced "PREVAILING WAGE SCHEDULE" of rates is found at the end of EXHIBIT
              “A” (noted above).

ARTICLE IV. DRAWINGS AND SPECIFICATIONS
4.3   INTERRELATION OF DOCUMENTS

      4.3.1   Field measurements govern over small-scale drawings.

4.7   OTHER INFORMATION PROVIDED TO CONTRACTOR

      4.7.2   The original drawings and Specifications of existing buildings are available.   Contact Owner’s
              Representative to arrange their review.

ARTICLE V. CONSTRUCTION BONDS
      5.1.7   Time for Bond Submissions: Performance and Payment Bonds shall be submitted by the
              Contractor to The University of Texas at San Antonio Purchasing and Distribution Services Office
              within ten (10) days after receipt of a Notice of Award along with two (2) copies of the executed
              contract.

ARTICLE VI. INSURANCE REQUIREMENTS
      6.1.4   Worker’s Compensation Insurance Coverage:

              6.1.4.c.(1)     Certificates of Insurance shall be submitted to the Purchasing and Distribution
                              Services Office within ten (10) days after receipt of a Notice of Award along with
                              two (2) copies of the executed contract.

ARTICLE VII. GENERAL RESPONSIBILITIES OF OWNER AND CONTRACTOR

      7.1.2   Pre-Construction Conference:

              7.1.2.1 The Owner’s Representative may call for a Pre-Performance Conference. At the Pre-
                      Performance Conference, or no later than fourteen (14) calendar days after receipt of
                      the Notice to Proceed, the Contractor shall present to the Owner’s Representative for his
                      approval: the Work Progress Schedule, method of prosecution of the work, name and
                      experience of the Project Superintendent, equipment proposed, contract price breakdown,
                      materials storage requirements, parking requirements, and utility requirements.

7.5   CONTRACTOR’S GENERAL RESPONSIBILITIES:

              7.5.1.2 After the Contractor has received the Contract and furnished Performance and Payment
                      Bonds, Certificates of Insurance and the Certificate of Franchise Tax Payment to the
                      Purchasing and Distribution Services Office and the Notice to Proceed has been issued, all
                      communications concerned with the Project shall be directed to the Owner’s
                      Representative. The Contractor is responsible for complying with the administrative
                      requirements as set forth in the Contract Documents and other written requirements issued
                      by the Architect / Engineer or Owner’s Representative. No work or Contractor expenses
                      may begin prior to the issuance of a Contract and a written Notice to Proceed. The Notice
                      to Proceed will not be issued until it has been determined that the required Performance
                      and Payment Bonds, and the Certificate of Insurance and the Contractor's Certificate of
                      Franchise Tax Payment are acceptable.           The Contract Time will begin on the
                      commencement date indicated in the Notice to Proceed.

      7.5.2   Contractor Superintendent Supervision:

              7.5.2.1 A superintendent shall be on site at all times while work is in progress. No worker
                                                  2                                  Last updated 01/26/2007
                       under the age of 18 shall be on the job site.

     7.5.8   Subcontracts:

             7.5.8.4 As soon as practicable after the receipt of bids, and before the execution of the Contract,
                     the proposer awarded the contract shall submit to the Owner and Architect / Engineer for
                     approval, a list of all subcontractors he, and/or his major subcontractors propose to use
                     in the work performance of the project. He shall not employ any subcontractor to whom the
                     Architect / Engineer or Owner may have a reasonable objection. The Contractor will not be
                     required to employ any subcontractor against whom he has a reasonable objection.

     7.5.18 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.

     7.5.19 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.

     7.5.20 Temporary Fire Protection: Review fire prevention and protection needs with the Owner's Safety
            Office 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.

             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 an 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.

     7.5.21 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:

             7.5.21.1 Sanitary facilities shall be obscured from public view to the greatest practical extent.

             7.5.21.2 The location shall be acceptable to Owner.

             7.5.21.3 These facilities shall consist of properly enclosed self-contained portable units equipped
                      with reservoirs that shall be maintained in proper sanitary condition by chemical
                      treatment and periodic cleaning.

             7.5.21.4 Contractor shall enforce the use of such sanitary facilities by all personnel at the site.

ARTICLE IX. THE CONTRACTOR’S RESPONSIBILITY FOR JOBSITE SAFETY
     9.4.2   COMMON PROBLEMS FOR CONTRACTORS:

             9.4.2.1    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
                                                   3                                    Last updated 01/26/2007
                  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.

        9.4.2.2   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. Non-hazardous solid wastes, such as general work
                  performance debris may be recycled or disposed of in the trash container. Never
                  dispose of liquid wastes of any kind in dumpsters. Waste dumpsters are to be
                  provided by Contractor. At no time dispose of debris in Owner’s receptacles.

        9.4.2.3   Sediment: Proper erosion and sedimentation controls must be in place 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. All vehicles must leave the site
                  through a stabilized work performance entrance meeting the requirements of the
                  University's Construction Standard regarding Erosion and Sedimentation Controls and all
                  other applicable rules and regulations.

        9.4.2.4   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 San Antonio temporary discharge permits and the contractor is
                  responsible for obtaining such permits.

        9.4.2.5   Petroleum: Spills of hydraulic fluid, oil and other petroleum products must always be
                  immediately cleaned up to prevent discharge of these fluids with stormwater 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
                  free of oily residue. Containers over 250 gallons (including mobile tanks) must be stored
                  inside secondary containment.

        9.4.2.6   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 or 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
                  completed. 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 The University of Texas at San Antonio, Office of
                  Occupational & Safety Programs (OSP) staff for review and approval before emptying or
                  removing the trap.

        9.4.2.7   Chemical Safety: All chemicals used by the Contractor must have a material safety data
                  sheet (MSDS) included in the submittals. Copies of the MSDS sheets will be brought to
                  the Pre-Construction conference by the contractor and provide to Safety Office
                  personnel.

                  Chemical containers must not be placed directly on the ground. A secondary container
                  should be used so any container leaks can be detected/contained.

9.4.3   Spill Prevention, Clean-up and Disposal:



                                             4                                  Last updated 01/26/2007
        9.4.3.1   Plan Ahead: 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.

        9.4.3.2   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.

        9.4.3.3   Contaminated Material Disposal: Proper disposal of waste materials depends partly on
                  the type of contaminant. Hazardous wastes (such as flammable petroleum products and
                  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.

9.4.4   Contractor Requirements and Responsibilities:

        9.4.4.1   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.
                  Furthermore, Contractor is responsible for ensuring that all discharges from the site are
                  in compliance with all applicable laws and regulations.

                  No substance may be dumped or leaked onto the ground or allowed to run-off of a work
                  performance 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.

        9.4.4.2   Speed Limits: Contractor’s employees shall observe speed limits and all other traffic
                  regulations posted on UTSA campus.

9.4.5   Asbestos Containing Material: Before beginning work in any University of Texas building, the
        contractor shall verify that no asbestos containing or suspect asbestos containing materials will be
        damaged or disturbed during any portion of the work to be performed. This can be confirmed
        through the Owner’s designated representative. If the contractor incidentally damages or disturbs
        asbestos containing or suspect asbestos materials during any portion of the work, the contractor
        shall immediately stop work in that area, restrict access to the area, and contact the Owner’s
        designated representative.

9.4.6   Lead Based Paint: Any disturbance of lead base paint by the contractor requires adherence to
        the University of Texas Lead Specifications which includes compliance with 29 CFR 1926.62.

9.4.7   Notification Requirements and Procedures: The University of Texas at San Antonio, Office of
        Occupational & Safety Programs (OSP) shall 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.
           Contact with any asbestos containing material or suspect containing material.


                                             5                                    Last updated 01/26/2007
           If in the course of work, the contractor’s employees find hazardous or unlabeled materials that
            must be relocated, contact OSP and Owner’s Representative.
           If any incident, even if an injury does not occur, happens on site, contractor must notify
            Owner’s Representative.
           No eating, drinking, gum/tobacco chewing or smoking is allowed in a chemical use area,
            confined space, or other designated areas.
           Before any repair or modification of chemical pipelines or tanks may begin, a written procedure
            or job hazardous analysis must be formulated describing the hazards involved and a written
            verification must be obtained indicating the pipeline or tank has been flushed. Consultation with
            OSP must occur.
           Adequate ventilation shall be maintained by the contractor at all times when chemicals are
            used.
           Contractors must label all chemicals with the contractor chemical identification label to identify
            ownership. It is the contractor’s responsibility to label and store chemicals in accordance with
            all Federal/State/Local Hazard Communications Standards. The contactor’s chemical
            identification label is only intended to track and identify contractor’s chemicals while at the
            University of Texas at San Antonio location.

            Notification can be accomplished by calling The University of Texas at San Antonio,
            OSP at 210-458-5250.

9.4.8   Miscellaneous Contractor Health and Safety Requirements

        9.4.8.1 Personal Protective Equipment (PPE): This is a mandatory policy for the Contractor and
                all associated workforces within the Contractor’s control. Contractor personnel shall wear
                appropriate Personal Protective Equipment (PPE) in conjunction with OSHA regulations.
                Contractor personnel not wearing the appropriate PPE, will be removed from the project
                site. Repeat offender(s) will be requested not to return to University work and can be
                cause for termination of Contract.

        9.4.8.2 Confined Space Entry: A contractor’s Confined Space Program must meet or exceed all
                requirements established by the National Institute for Occupational Safety and Health
                (NIOSH) and the Occupational Safety and Health Administration (OSHA). Prior to starting
                work in any confined space, the contractor must be familiar with the University of Texas at
                San Antonio, Confined Space Program.

        9.4.8.3 Electrical Safety : Contractors must meet or exceed all requirements established by the
                Occupational Safety and Health Administration (OSHA) and current National Fire
                Protection Association (NFPA) Standards for “Electrical Safety Requirements.”

        9.4.8.4 Lockout Tagout Program: Contractor’s Lockout Tagout Program must meet or exceed
                all requirements established by the Occupational Health and Safety Administration (OSHA)
                and be familiar with the Facilities Services’ Lockout Tagout Program.

        9.4.8.5 Emergency Instructions:

                   Contractors must designate an assembly point, outside the building, where contractor
                    personnel will meet if the building must be evacuated. The assembly point should be
                    100 feet from the building and clear of access roads that may be needed by the Fire
                    Department, Campus Police, or EMS.

                   Contractor personnel should use the most direct route out of the building to reach the
                    assembly point but must not use elevators or passageways that will be closed off by
                    the operation of automatic fire doors.

                   Contractor shall notify emergency personnel if their personnel cannot be accounted
                    for, or if there is reason to believe their area was not cleared.



                                             6                                    Last updated 01/26/2007
                          Contractor’s personnel must remain outside the building until emergency personnel
                           authorize re-entry.

                          Contractor’s personnel must comply with evacuation instructions during real
                           emergency evacuations and practice (fire) drills.

               9.4.8.6 Floor Openings:

                          Contractor shall guard floor openings by substantial barriers, railings, and/or covering
                           material, substantial enough to sustain twice the load of pedestrian or vehicular traffic.

                          Contractor shall provide guardrails where a danger of falling exists for personnel and in
                           elevated floor areas. To prevent objects from falling, the contractor shall provide toe
                           boards.

               9.4.8.7 Industrial Power Vehicles: Contractor’s employees who operate power vehicles require
                       appropriate training, in accordance with Federal/State/Local Regulations.

               9.4.8.8 Mobile Cranes: All contractor operators must be “Qualified Operators” as required by the
                       State of Texas Safety Standards.

               9.4.8.9 Overhead Work: No overhead work shall be performed by contractor when, as a result of
                       that work, the potential exists of object falling and striking a person. When lifting and
                       swinging heavy material over roofs, area under roof must be unoccupied and appropriately
                       barricaded. The contractor shall provide tarpaulins, scaffolds, warning signs, etc. the protect
                       students, faculty, and staff in the areas surrounding the project. Hard hats shall be worn at
                       all times by contractor personnel when overhead falling hazards exist.

               9.4.8.10 Scaffolds: Contractors must meet or exceed all requirements established by
                        Federal/State/Local regulations relating to scaffold safety.

               9.4.8.11 Sparks or Open Flames: Contractors shall ensure appropriate barricades are
                       established when sparks, and/or use of open flame, and/or, welding operations are
                       occurring.

               9.4.8.12 Compressed Gas Cylinder: All compressed gas cylinders used by contractors will be
                       properly secured in an upright position (unless otherwise required) during use and non-
                       use. When cylinders are not in use, protective caps will be properly installed.

The above topics are some of the key rules of safety and conduct that apply to your performance as a
contractor for the University of Texas at San Antonio. The rules and regulations outlined in this section are
not all-inclusive. Contractors shall adhere to additional safety instructions and standards (particularly
OSHA standards and the OSHA General Duty Clause) as applicable.

ARTICLE XIII. CONTRACT PAYMENTS
13.2   PROGRESS PAYMENTS:

       13.2.4 Pay Requests: Each Pay Request shall be made using the most current version of "Application
              and Certificate for Payment" (AIA Document G702) and "Continuation Sheet" (AIA Document
              G703) as printed by the American Institute of Architects and shall be completed in accordance with
              AIA instructions.

               In addition to the AIA instructions for the "Continuation Sheet," each item listed under "Description
               of Work" shall be subdivided into "Labor" and Material" items; each to be calculated as a separate
               line item across the sheet.

       13.2.5 Off-site Materials: 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

                                                     7                                    Last updated 01/26/2007
               materials which names The University of Texas at San Antonio as the insured. This is in addition
               to other insurance requirements of these Specification

13.4   RETAINAGE:

       13.4.2 The Owner’s Representative shall retain 10% of the amount of each estimate until final
              completion and acceptance of all work covered by this Contract. The Owner’s Representative
              will not reduce the amount retained, below 10%, and may increase the amount retained for certain
              conditions. The above 10% retainage shall be 5% on projects greater than $400,000.

ARTICLE XVII. CONTRACT WARRANTY AND GUARANTEE
       17.2.1 Contractor warrants and guarantees all Work against defects in materials, equipment, or
              workmanship for a minimum of 1 year from the date of final acceptance and shall be submitted in
              writing on form approved by the Owner’s Representative. This is in addition to the provisions of
              this Article in the Uniform General Conditions and any other extended warranties on components or
              assemblies in the Technical specifications. All warranties shall be submitted and approved in
              writing prior to final payment.

ARTICLE XXIII. TIME ALLOTED FOR PERFORMANCE: CONSTRUCTION SCHEDULES
23.2   WORK PROGRESS SCHEDULE: The Contractor shall submit in duplicate to the Owner for review an
       estimated work progress schedule for the Work in relation to the entire Project at the Pre-Performance
       Conference. This schedule shall indicate the dates for starting and completing the various classifications of
       work performance.

       23.2.6 For each consecutive calendar day after the expiration of the Contract Time, until the date of
              Substantial Completion, that any work is not completed and accepted, the amount per day as
              stipulated in the Contract may be deducted from the money due or to become due the Contractor,
              not as a penalty but as liquidated damages and added expense for contract supervision and
              Owner's delay costs in obtaining the use of the Work.

               If the Contractor does not complete all deficiencies indicated in the Substantial Completion
               Certificate or other items required by the Contract, within the time limits indicated in the Substantial
               Completion Certificate, the Owner may additionally charge liquidated damages (as mentioned
               above) from the time deadline set in the Certificate until all items are completed and accepted.



ARTICLE XXIV. MODIFICATION OF THE CONTRACT TIME
24.1   DELAYS AND EXTENSION OF TIME

       24.1.8 Inclement weather is defined as precipitation (0.01 inch or more) and/or temperature below
              freezing. The mean number of days such weather should be expected shall be established by the
              information tables, Figure 1 (bound as part of these special conditions), compiled from the records
              for the first order U.S. Weather Station at Austin, Texas, for the City of San Antonio.

       24.1.9 Requests for extension shall meet the following conditions.

               a.    Days are in excess of tabulated means.
               b.    Work could not have been done on any other portion of the Project without adverse
                     consequences.
               c.    No one day will be counted more than once.
               d.    Lost holidays or weekends will not be counted lost unless the work day preceding them is
                     lost because of weather and the conditions continue into the non-work days.

       24.1.10 Contractor shall maintain a log of the weather conditions throughout the Project and this log shall
               be made available to the Owner’s Representative upon his request.
                                                     8                                    Last updated 01/26/2007
24.1.11 If the work cannot be completed during the designed period due to inclement weather or
        circumstances beyond the Contractor’s control, the Contractor shall make arrangements with the
        Owner’s Representative to complete the remaining work in a manner, which will cause the least
        interference with the Owner’s operations.




                                          9                                 Last updated 01/26/2007
                    MEAN WEATHER INFORMATION TABLE

                                   FIGURE 1 (040195)


                             PRECIPITATION


                          Maximum of          Minimum of         24-Hour     Mean Number
          Normal
Month                       Record              Record           Maximum     of Days 0.01
         (Inches)
                           (Inches)            (Inches)          (Inches)    Inch or more

           (a)               (b)                 (b)                 (b)           (d)

Jan       1.60              7.94                 0.04                3.44              8
Feb       2.49              6.39                 0.28                3.73              8
Mar       1.68              6.03                  T                  2.69              7
Apr       3.11              9.93                 0.06                3.86              7
May       4.19              9.98                 0.81                5.66              9
Jun       3.06              14.96                 T                  6.50              6
Jul       1.89              10.54                0.00                5.46              5
Aug       2.24              8.90                 0.00                4.68              5
Sep       3.60              8.11                 0.07                6.74              7
Oct       3.38              12.31                 T                  7.22              7
Nov       2.20              7.91                  T                  5.09              7
Dec       2.06              5.91                  T                  4.02              7




                             TEMPERATURE


                                   Maximum of              Minimum of       Mean Number
              Normal
 Month                               Record                  Record            of Days
            (Degrees F)                                                        o
                                   (Degrees F)             (Degrees F)       32 or below

                 (a)                   (d)                     (d)               (c)

  Jan            49.1                   90                     -2                10
  Feb            53.2                   97                      7                 5
  Mar            60.5                   98                     18                 1
  Apr            68.7                   98                     35                 0
  May            74.9                  100                     43                 0
  Jun            81.6                  105                     53                 0
  Jul            84.7                  109                     64                 0
  Aug            84.5                  106                     61                 0
  Sep            79.2                  104                     41                 0
  Oct            69.8                   97                     32                 0
  Nov            58.7                   91                     20                 1
  Dec            52.1                   90                     10                 6




                                         10                                 Last updated 01/26/2007
24.3    Failure to Complete Work on Time

        24.3.2 The amount, per calendar day, for Liquidated Damages for each calendar day that the work
               remains incomplete after the substantial completion date.

ARTICLE XXVII. MISCELLANEOUS
27.16   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.

        27.16.1 Ongoing Campus Operations: This project is surrounded by continuously functioning campus
                facilities, including housing, academic and research efforts, etc. The Contractor shall make
                every effort to avoid disruptions to ongoing campus activities and to maintain a safe
                environment for students, faculty, and staff in the areas adjacent to the project. Campus
                utilities must not be interrupted except when scheduled and approved in advance through
                established channels.

               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.

               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 work performance.

               The facility will be only available during the scheduled work performance time period from 9:00 PM
               till 6:00 AM Monday through Friday. Work during other times, including weekends, shall only be
               allowed with prior request and written authorization.

               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.

               The contractor shall be responsible for the protection of existing building surfaces, both interior and
               exterior, utilities, exterior structures, pavement, sidewalks, 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.

               No storage will be allowed outside the building unless previously approved by the owner.

               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.

               Do not unreasonably encumber the site with materials or equipment. Confine stockpiling of
               materials and location of storage sheds to the areas indicated. If additional storage is necessary
               obtain and pay for such storage off site.

               Lock automotive type vehicles, such as passenger cars and trucks and other mechanized or
               motorized work performance 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.

               Contractor will be responsible for making own parking arrangements.
               All vehicles parked on University property must have a parking permit.          The contractor must

                                                     11                                   Last updated 01/26/2007
       arrange for temporary parking permits. Due to limited space, only work trucks will be allowed at the
       worksite, and these may be limited in number. Contractor shall make every effort to carpool when
       possible. The University Police Department must be notified at least one week in advance of all
       vehicles that will need parking permits.

       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 cards, access codes or keys. As the result of the loss of a master key, an
       entire building will have to be re-keyed, with the expense charged to the contractor.

       Smoking is not allowed in any building at The University of Texas at San Antonio or within twenty
       (20) feet of building entrance or door. Contractors shall abide by the no smoking policy while
       working in University Buildings, Residence Halls and Apartments. Clean up of any waste from
       smoking outside the building shall be the responsibility of the contractor.

       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 proper identification. A contractor's employee may be asked to show identification by the
       Owner's staff at any time.

       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.

       The contractor shall not discriminate against any person because of race, sex, age, creed, color,
       religion, national origin, or disability.

27.16.2 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 a concern during
        semester 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.

       Maintain the existing building in a safe and weathertight condition throughout the work performance
       period. Repair damage caused by work performance operations. Take all precautions necessary
       to protect the building and its occupants during the work performance period.

       Keep public areas such as hallways, stairs, elevator lobbies and toilet rooms free from
       accumulation of waste material, rubbish or work performance debris.

       The contractor is responsible for disposal of all waste generated as a result of their contract. No
       trash or other waste materials are allowed 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 14.

       Open fires will not be permitted within the building enclosure or on the premises.

       Except for designated toilet Rooms for use by the Contractor's personnel, use of existing toilets
       within the building, by the Contractor and his personnel, will not be permitted. Toilets used shall be
       left in a clean and fully operational condition, to the satisfaction of the Owner.

       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
                                             12                                  Last updated 01/26/2007
                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.

27.17   OWNER OCCUPANCY:

        The Owner and students will occupy the site and the existing building during the entire period of
        work performance. Cooperate fully with the Owner or his representative during work performance
        operations to minimize conflicts and to facilitate Owner usage. Perform the work so as not to interfere with
        the Owner's operations.

27.18   CLEANING UP:

        It shall be the responsibility of the Contractor to see that the debris and trash resulting from building
        operations are removed from the building and the property. Solid debris may not be dumped on the
        grounds about the building. All scrap from lumber, crating, excelsior, paper and similar types of trash are to
        be removed from building site. Trash is not to be allowed to accumulate from periods of longer than one
        week. In other words, there must be thorough cleanup of the building and its surroundings no less often
        than once a week, and more often as may be directed by the Owner.




                                                     (END OF SC




                                                      13                                  Last updated 01/26/2007
THE UNIVERSITY OF TEXAS AT SAN ANTONIO
April 30, 2012




POLICY ON UTILIZATION - HISTORICALLY UNDERUTILIZED BUSINESSES




              The University of Texas at San Antonio (UTSA)
                               HUB Program
      Policy on Utilization of Historically Underutilized Businesses (HUBs)
                                     1                              Last updated 01/26/2007
                                                  CONTENTS


Policy on Utilization of Historically Underutilized Businesses (HUBs)                        Page 3

Summary of Requirements / Historically Underutilized Business (HUBs) Subcontracting Plan     Page 4-5

   Summary of Attachments Required from Respondents                                         Page 6
   Letter of Transmittal                                                                    Page 7
   HUB Subcontracting Plan (HSP)                                                            Page 8
   Section 3 – Section 8 (Good Faith Effort – Subcontractor Selection)                      Page 9
   Self-Performance Justification                                                           Page 10

 HUB Subcontracting Plan Prime Contractor Progress Assessment Report                        Page 11
  (Required of successful respondent for payment requests only)
 Minority and Trade Organizations contact information                                       Page 12




                                                        2                             Last updated 01/26/2007
                          The University of Texas at San Antonio (UTSA)
                                           HUB Program

                              POLICY ON UTILIZATION OF
                     HISTORICALLY UNDERUTILIZED BUSINESSES (HUBs)

Introduction
In accordance with the Texas Government Code, Sections 2161.181-182 and Section 111.11 of the Texas
Administrative Code (TAC), The Board of Regents of the University of Texas System, acting through the
University of Texas at San Antonio (UTSA) HUB Program shall make a good faith effort to utilize
Historically Underutilized Businesses (HUBs) in contracts for construction services, including professional
and consulting services; and commodities contracts. The Texas Procurement and Support Services Division
(TPSS) HUB Rules, 1 TAC Sections 111.11-111.28 encourage the use of HUBs by implementing these
policies through race-, ethnic- and gender-neutral means.

The purpose of the HUB Program is to promote full and equal business opportunities for all businesses in
State contracting in accordance with the following goals as specified in the State of Texas Disparity Study:

              11.9% for heavy construction other than building contracts;
              26.1% for all building construction, including general contractors and
               operative builders contracts:
              57.2% for all special trade construction contracts;
              20% for professional services contracts
              33% for all other services contracts, and
              12.6% for commodities contracts.

The University of Texas at San Antonio (UTSA) shall make a good faith effort to meet or exceed
these goals to assist HUBs in receiving a portion of the total contract value of all contracts that
UTSA expects to award in a fiscal year. UTSA may achieve the annual program goals by
contracting directly with HUBs or indirectly through subcontracting opportunities in accordance
with the Texas Government Code, Chapter 2161, Subchapter F.




                                                   3                               Last updated 01/26/2007
                                   SUMMARY OF REQUIREMENTS
                     Historically Underutilized Business (HUBs) Subcontracting Plan

It is the policy of The University of Texas at San Antonio (UTSA) and each of the component institutions, to
promote and encourage contracting and subcontracting opportunities for Historically Underutilized Businesses
(HUBs) in all contracts. Accordingly, UTSA has adopted “EXHIBIT H, Policy on Utilization of Historically
Underutilized Businesses". The Policy applies to all contracts with an expected value of $100,000 or more. The
Board of Regents of The University of Texas System is the contracting authority.

1.     In all contracts for professional services, contracting services, and/or commodities with an expected value of
       $100,000 or more, UTSA will indicate in the purchase solicitation (e.g. RFQ, RFP, or CSP) whether or not
       UTSA has determined that subcontracting opportunities are probable in connection with the contract. A HUB
       Subcontracting Plan is a required element of the architect, contractor or vendor Response to the purchase
       solicitation. The HUB Subcontracting Plan shall be developed and administered in accordance with the
       Policy. Failure to submit a required HUB Subcontracting Plan will result in rejection of the Response.

2.     If subcontracting opportunities are probable, UTSA will declare such probability in its invitations for bids,
       requests for proposals, or other purchase solicitation documents, and shall require submission of the
       appropriate HUB Subcontracting Plan with the Response.
       a.      When subcontracting opportunities are probable, and the Respondent proposes to subcontract any part
               of the work, the Respondent shall submit a HUB Subcontracting Plan as prescribed by Texas
               Procurement and Support Services identifying subcontractors [[1 TAC §111.14 (d)
               (1)(A)(B)(C)(D) (2)(A)(B)(C)(D)(E) (3)(A)(B)].

       b.      When subcontracting opportunities are probable, but the Respondent can perform such opportunities
               with its employees and resources, the Respondent’s HUB Subcontracting Plan shall include the Self
               Performance HUB Subcontracting Plan, Section 9 – Self Performance Justification as the HUB
               Subcontracting Plan (HSP). [1 TAC §111.14 (d)(4)(A)(B)(C)(D)]

3.     If subcontracting opportunities are not probable, UTSA will declare such probability in its invitations for bids,
       requests for proposals, or other purchase solicitation documents and shall require submission of the
       appropriate HUB Subcontracting Plan with the Response.
       a.      When subcontracting opportunities are not probable, and the Respondent proposes to perform all of
               the work with its employees and resources, the Respondent shall submit a HUB Subcontracting Plan
               that includes the Self Performance HUB Subcontracting Plan, Section 9 – Self Performance
               Justification as the HUB Subcontracting Plan (HSP).
       b.      When subcontracting opportunities are not probable, but the Respondent proposes to subcontract any
               part of the work, the Respondent shall submit a HUB Subcontracting Plan as prescribed by The
               Texas Procurement and Support Services Division identifying subcontractors.

4.     Respondents shall follow, but are not limited to, procedures listed in the Policy when developing a HUB
       Subcontracting Plan.

5.     In making a determination whether a good faith effort has been made in the development of the
       required HUB Subcontracting Plan, UTSA shall follow the procedures listed in the Policy. If
       accepted, the HUB Subcontracting Plan shall become a provision of the Respondent's contract with UTSA.
       Revisions necessary to clarify and enhance information submitted in the original HUB subcontracting plan
       may be made in an effort to determine good faith effort. Any revisions after the submission of the HUB
       Subcontracting Plan shall be approved by the HUB Coordinator.

       6. UTSA shall reject any Response that does not include a fully completed HUB Subcontracting Plan, as
       required. An incomplete HUB Subcontracting Plan is considered a material failure to comply with the
       solicitation for proposals.



                                                        4                                   Last updated 01/26/2007
7.    Changes to the HUB Subcontracting Plan. Once a Respondent’s HUB Subcontracting Plan is accepted by
      UTSA and becomes a provision of the contract between Respondent and UTSA, the Respondent can only
      change that HUB Subcontracting Plan if (a) the Respondent complies with 1 TAC Section 111.14; (b) the
      Respondent provides its proposed changes to UTSA for review; (c) UTSA (including UTSA’s HUB
      Coordinator) approves Respondent’s proposed changes to its HUB Subcontracting Plan; and (d) UTSA and
      the Respondent amend their contract (via a writing signed by authorized officials of both parties) in order to
      replace the contract’s existing HUB Subcontracting Plan with a revised HUB Subcontracting Plan containing
      the changes approved by UTSA.

8.    Expansion of Work. If, after entering into a contract with a Respondent as a result of a purchase solicitation
      subject to the Policy, UTSA wishes to expand the scope of work that the Respondent will perform under that
      contract through a change order or any other contract amendment (the “Additional Work”), UTSA will
      determine if the Additional Work contains probable subcontracting opportunities not identified in the initial
      purchase solicitation for that contract. If UTSA determines that probable subcontracting opportunities exist for
      the Additional Work, then the Respondent must submit to UTSA an amended HUB Subcontracting Plan
      covering those opportunities that complies with the provisions of 1 TAC Section 111.14. Such an amended
      HUB Subcontracting Plan must be approved by UTSA (including UTSA’s HUB Coordinator) before (a) the
      contract may be amended by UTSA and the Respondent to include the Additional Work and the amended
      HUB Subcontracting Plan and (b) the Respondent performs the Additional Work. If a Respondent
      subcontracts any of the additional subcontracting opportunities identified by UTSA for any Additional Work
      (i) without complying with 1 TAC Section 111.14 or (ii) before UTSA and that Respondent amend their
      contract to include a revised HUB Subcontracting Plan that authorizes such subcontracting, then the
      Respondent will be deemed to be in breach of its contract with UTSA. As a result of such breach, UTSA will
      be entitled to terminate its contract with the Respondent, and the Respondent will be subject to any remedial
      actions provided by Texas law, including those set forth in Chapter 2161, Texas Government Code, and 1
      TAC Section 111.14. University may report a Respondent’s nonperformance under a contract between that
      Respondent and UTSA to The Texas Procurement and Support Services Division (the “TPSS”) in accordance
      with 1 TAC Chapter 113, Subchapter F, Vendor Performance and Debarment Program.

9.    A Response may state that the Respondent intends to perform all the subcontracting opportunities with its own
      employees and resources in accordance with the Policy. However, if such a Respondent enters into a contract
      with UTSA as a result of such a Response but later desires to subcontract any part of the work set forth in that
      contract, before the Respondent subcontracts such work it must first change its HUB Subcontracting Plan in
      accordance with the provisions of Section 6 above .


10.   UTSA shall require a professional services firm, contractor or vendor to whom a contract has been awarded
      to report the identity and the amount paid to its subcontractors on a monthly basis using a HUB
      Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report (PAR) as a condition for
      payment.

11.   If UTSA determines that the successful Respondent failed to implement an approved HUB Subcontracting
      Plan in good faith, UTSA, in addition to any other remedies, may report nonperformance to The Texas
      Procurement and Support Services Division (TPSS) in accordance with 1 TAC, Chapter 111.14, Subchapter B
      (d) (13) related remedies of nonperformance to professional services firms, contractor, and vender
      implementation of the HUB Subcontracting Plan.

12.   In the event of any conflict between this “Summary of Requirements” and the remainder of the HUB Policy,
      the remainder of the HUB Policy will control.

13.   These requirements, including the attachments referred to above, may be downloaded over the Internet from
      http://www.utsa.edu/purchasing/forms/HUB_doc.doc. For additional information contact Yolanda Miller,
      Director of Purchasing and Distribution Services, The University of Texas at San Antonio (UTSA), 210-
      458-4975.

                                                      5                                   Last updated 01/26/2007
                                       HUB Subcontracting Plan
                           Summary of Attachments Required from Respondents

                                                           Letter of         HUB            Progress
                                                          Transmittal   Subcontracting     Assessment
                                                            Page 7        Plan (HSP)      Report (PAR)
                                                                           Page 8-10        Page 11

1. UTSA DETERMINES THAT SUBCONTRACTING
OPPORTUNITIES ARE PROBABLE.
1. A. Competitive Sealed Proposal (CSP)
Respondent Proposes Subconsultants: Attachments
required from the Respondent for the HUB
Subcontracting Plan if the solicitation states that
subcontracting opportunities are probable.
                                                              X               X
1. B. Competitive Sealed Proposal (CSP)
Respondent Proposes Self-Performance:
Attachments required from the Respondent for the
HUB Subcontracting Plan if the solicitation states that
subcontracting opportunities are probable, but the
Respondent can perform such opportunities with its
employees and resources.                                      X               X
2. UTSA DETERMINES THAT SUBCONTRACTING
OPPORTUNITIES ARE NOT PROBABLE.
2. A. Respondent Proposes Self-Performance:
Attachments required from the Respondent for the
HUB Subcontracting Plan if the solicitation states that
subcontracting opportunities are not probable, but the
Respondent can perform such opportunities with its
employees and resources.
                                                              X               X
2. B. Respondent Proposes Subconsultants:
Attachments required from the Respondent for the
HUB Subcontracting Plan if the solicitation states that
subcontracting opportunities are not probable but the
Respondent proposes to subcontract any part of the
work.                                                         X               X
3. Changes in the HUB Subcontracting Plan After
Award: Attachments required from the Respondent
to whom a contract has been awarded if it desires to
make changes to the approved HUB Subcontracting
Plan.                                                                         X
4. Reporting: Attachment required with all payment
requests. The submittal of this attachment is a
condition of payment.                                                                          X




                                                     6                                   Last updated 01/26/2007
                                                                                                               Letter of Transmittal



                                        (RESPONDENT’S BUSINESS LETTERHEAD)
                                                       Date


Mrs. Yolanda Miller
Director of Purchasing and Distribution Services & HUB Programs
The University of Texas at San Antonio
One UTSA Circle
San Antonio, Texas 78249-0612

Re:     Historically Underutilized Business Plan for (Project Title)
        Project Number ___- ___

Dear Mrs. Miller,

In accordance with the requirements outlined in the specification section “HUB Participation Program,” I am pleased to
forward this HUB Subcontracting Plan as an integral part of our response in connection with your invitation for Request for
Qualifications referencing the above project.

I have read and understand The University of Texas at San Antonio (UTSA) Policy on Utilization of Historically
Underutilized Businesses (HUBs). I also understand the State of Texas Annual Procurement Goal according to 1 Texas
Administrative Code 111.13 is 26.1% for building construction.

This HUB Subcontracting Plan includes _____Subcontracting Opportunities [refer to Section 2, page 8] representing ___ (no.
of subcontractors) trades with a total dollar value of ______________. These figures represent a cumulative percentage of
_____%, representing ______% for minority-owned HUBs and _______% for women-owned HUBs. When a HUB is owned
by minority women, I have classified that HUB as minority-owned rather than women-owned.

I understand the above HUB percentages must represent Texas Procurement and Support Services (TPSS) HUB certification
standards. For each of the listed HUB firms, I have attached a TPSS Certification document, or, if the HUB is certified by
another TPSS approved certifying agency, a copy of their approved certification document.

By completion of Section 8 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 you of the same. In addition, if for some reason a 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.

Sincerely,


(Project Executive)

cc: Project Manager




                                                             7                                     Last updated 01/26/2007
                              HUB SUBCONTRACTING PLAN (HSP)
In accordance with Gov’t Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore,
respondents, including State of Texas certified Historically Underutilized Businesses (HUBs), must complete and submit a State of Texas HUB Subcontracting Plan (HSP)
with their solicitation response.

       NOTE: Responses that do not include a completed HSP shall be rejected pursuant to 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 State of Texas Disparity Study. The HUB goals defined in 1 TAC §111.13 are: 11.9 percent for heavy construction other than building contracts, 26.1
percent for all building construction, including general contractors and operative builders contracts, 57.2 percent for all special trade construction contracts,
20 percent for professional services contracts, 33 percent for all other services contracts, and 12.6 percent for commodities contracts.

                                            - - Agency Special Instructions/Additional Requirements - -
             Respondents shall submit a completed HUB Subcontracting Plan (HSP) to be considered responsive (pages
              7, 8, 9 and 10). Failure to submit a completed HSP shall result in the bid, proposal or other expression of
              interest to be considered NON-responsive.
             Respondents who intend to Self-Perform all of their work shall submit an HSP for Self-Performance (pages 8
              & 10).
             HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report (PAR) page 11 shall be
              submitted with each request for payment as a condition of payment.


 SECTION 1           - RESPONDENT AND SOLICITATION INFORMATION
  a.    Respondent (Company) Name:                                                                                      State of Texas VID #:

        Point of Contact:                                                                                               Phone #:

 b.     Is your company a State of Texas certified HUB?       - Yes       - No

  c.    Solicitation #:

 SECTION 2           - SUBCONTRACTING INTENTIONS
After having divided the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, the respondent must determine what
portion(s) of work, including goods or services, will be subcontracted. Note: In accordance with 1 TAC §111.12., a “Subcontractor” means a person who contracts with a
vendor to work, to supply commodities, or contribute toward completing work for a governmental entity. Check the appropriate box that identifies your subcontracting
intentions:
                  - Yes, I will be subcontracting portion(s) of the contract.
                    (If Yes, in the spaces provided below, list the portions of work you will be subcontracting, and go to page 9.)

                  - No, I will not be subcontracting any portion of the contract, and will be fulfilling the entire contract with my own resources.
                    (If No, complete SECTION 9 and 10.)
 Line Item # - Subcontracting Opportunity Description                                 Line Item # - Subcontracting Opportunity Description
( #1) -                                                                              (#11) -
( #2) -                                                                              (#12) -
( #3) -                                                                              (#13) -
( #4) -                                                                              (#14) -
( #5) -                                                                              (#15) -
( #6) -                                                                              (#16) -
( #7) -                                                                              (#17) -
( #8) -                                                                              (#18) -
( #9) -                                                                              (#19) -
(#10) -                                                                              (#20) -
 *If you have more than twenty subcontracting opportunities, a continuation page is available at http://www.window.state.tx.us/procurement/prog/hub/hub-
 forms/HUBSubcontractingPlanContinuationPage1.doc

                                                                                 8                                               Last updated 01/26/2007
 Enter your company’s name here:                                                                                                Solicitation #:
IMPORTANT: You must complete a copy of this page for each of the subcontracting opportunities you listed in SECTION 2. You may photocopy this page or
download copies at http://www.window.state.tx.us/procurement/prog/hub/hub-forms/HUBSubcontractingPlanContinuationPage2.doc

 SECTION 3        - SUBCONTRACTING OPPORTUNITY
 Enter the line item number and description of the subcontracting opportunity you listed in SECTION 2.
 Line Item #               Description:

 SECTION 4        - MENTOR-PROTÉGÉ PROGRAM
 If respondent is participating as a Mentor in a State of Texas Mentor Protégé Program, submitting their Protégé (Protégé must be a State of Texas certified HUB) as a
 subcontractor to perform the portion of work (subcontracting opportunity) listed in SECTION 3, constitutes a good faith effort towards that specific portion of work. Will
 you be subcontracting the portion of work listed in SECTION 3 to your Protégé?
        - Yes (If Yes, complete SECTION 8 and 10.)             - No / Not Applicable (If No or Not Applicable, go to SECTION 5.)

 SECTION 5        - PROFESSIONAL SERVICES CONTRACTS ONLY
                    This section applies to Professional Services Contracts only. All other contracts go to SECTION 6.
 Does your HSP contain subcontracting of 20% or more with HUB(s)?
      - Yes (If Yes, complete SECTION 8 and 10.)          - No / Not Applicable (If No or Not Applicable, go to SECTION 6.)
 In accordance with Gov’t Code §2254.004, “Professional Services" means services: (A) within the scope of the practice, as defined by state law of accounting; architecture;
 landscape architecture; land surveying; medicine; optometry; professional engineering; real estate appraising; or professional nursing; or (B) provided in connection with the
 professional employment or practice of a person who is licensed or registered as a certified public accountant; an architect; a landscape architect; a land surveyor; a physician,
 including a surgeon; an optometrist; a professional engineer; a state certified or state licensed real estate appraiser; or a registered nurse.

 SECTION 6        - NOTIFICATION OF SUBCONTRACTING OPPORTUNITY
                    Complying with a, b and c of this section constitutes Good Faith Effort towards the portion of work listed in SECTION 3. After performing
                    the requirements of this section, complete SECTION 7, 8 and 10.
 a. Provide written notification of the subcontracting opportunity listed in SECTION 3 to three (3) or more HUBs. Use the State of Texas’ Centralized Master Bidders
    List (CMBL), found at http://www2.cpa.state.tx.us/cmbl/cmblhub.html and its HUB Directory, found at http://www2.cpa.state.tx.us/cmbl/hubonly.html, to
    identify available HUBs. Note: Attach supporting documentation (letters, phone logs, fax transmittals, electronic mail, etc.) demonstrating evidence of the
    good faith effort performed.
 b. Provide written notification of the subcontracting opportunity listed in SECTION 3 to a minority or women trade organization or development center to assist in
    identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. A list of trade organizations and development centers
    may be accessed at http://www.window.state.tx.us/procurement/prog/hub/mwb-links-1/. Note: Attach supporting documentation (letters, phone logs, fax
    transmittals, electronic mail, etc.) demonstrating evidence of the good faith effort performed.
 c. Written notifications should include the scope of the work, information regarding the location to review plans and specifications, bonding and insurance requirements,
    required qualifications, and identify a contact person. Unless the contracting agency has specified a different time period, you must allow the HUBs no less than
    five (5) working days from their receipt of notice to respond, and provide notice of your subcontracting opportunity to a minority or women trade organization or
    development center no less than five (5) working days prior to the submission of your response to the contracting agency.

 SECTION 7        - HUB FIRMS CONTACTED FOR SUBCONTRACTING OPPORTUNITY
 List three (3) State of Texas certified HUBs you notified regarding the portion of work (subcontracting opportunity) listed in SECTION 3. Specify the vendor ID number,
 date you provided notice, and if you received a response. Note: Attach supporting documentation (letters, phone logs, fax transmittals, electronic mail, etc.)
 demonstrating evidence of the good faith effort performed.
                               Company Name                                              VID #                      Notice Date             Was Response Received?
                                                                                                                           (mm/dd/yyyy)

                                                                                                                           /        /                      - Yes           - No
                                                                                                                           /        /                      - Yes           - No
                                                                                                                           /        /                      - Yes           - No

 SECTION 8        - SUBCONTRACTOR SELECTION
 List the subcontractor(s) you selected to perform the portion of work (subcontracting opportunity) listed in SECTION 3. Also, specify the expected percentage of work
 to be subcontracted, the approximate dollar value of the work to be subcontracted, and indicate if the company is a Texas certified HUB.
                                                                                                             Expected %            Approximate            Texas
                               Company Name                                             VID #                 of Contract         Dollar Amount       Certified HUB?
                                                                                                                         %                  $                      - Yes          - No*

*If the subcontractor(s) you selected is not a Texas certified HUB, provide written justification of your selection process below:



Enter your company’s name here:                                                                                                Solicitation #:



                                                                      9                                                  Last updated 01/26/2007
SECTION 9        - SELF PERFORMANCE JUSTIFICATION
                   (If you responded “No” to SECTION 2, you must complete SECTION 9 and 10.)
 Does your response/proposal contain an explanation demonstrating how your company will fulfill the entire contract with its own resources?

         - Yes   If Yes, in the space provided below, list the specific page/section of your proposal which identifies how your company will perform the entire contract
                 with its own equipment, supplies, materials and/or employees.

         - No    If No, in the space provided below, explain how your company will perform the entire contract with its own equipment, supplies, materials,
                 and/or employees.




SECTION 10 - 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 are true and correct. Respondent understands and agrees that, if awarded any portion of the solicitation:
          The respondent must submit monthly compliance reports (Prime Contractor Progress Assessment Report – PAR) to the contracting agency, verifying their
           compliance with the HSP, 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).
          The respondent must seek approval from the contracting agency prior to making any modifications to their HSP. If the HSP is modified without the contracting
           agency’s prior approval, respondent may be subject to debarment pursuant to Gov’t Code §2161.253(d).
          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 to be performed and must provide documents regarding staff and other resources.




____________________________________                    _________________________________                    ___________________               ___________________
                 Signature                                              Printed Name                                     Title                             Date




                                                                  10                                               Last updated 01/26/2007
                                      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 #:

Reporting Period:          - Jan.     - Feb.       - Mar.         - Apr.    - May      - Jun.         - Jul.       - Aug.       - Sept.       - Oct.       - Nov.     - Dec.
 (Check only one
 Month)
Total Contract Amount Paid this Reporting Period to Contractor:             $

                                                  Report HUB and Non-HUB subcontractor information

                                                                                                                                          Total Contract
                                                                                              Total Contract $        Total $ Amount      $ Amount Paid
                                                              Subcontractor’s VID or         Amount from HSP         Paid This Period       to Date to        Object Code
                    Subcontractor’s Name                      HUB Certificate Number         with Subcontractor      to Subcontractor     Subcontractor       (agency use
                                                                                                                                                                 only)
                                                                                         $                           $                    $
                                                                                         $                           $                    $
                                                                                         $                           $                    $
                                                                                         $                           $                    $
                                                                                         $                           $                    $
                                                                                         $                           $                    $
                                                                                         $                           $                    $
                                                                                         $                           $                    $
                                                                                         $                           $                    $
                                                                                         $                           $                    $
                                                                                         $                           $                    $
                                                                                         $                           $                    $
                                                                                         $                           $                    $
                                                                                         $                           $                    $
                                                                                         $                           $                    $
                                                                                         $                           $                    $
                                                                           TOTALS:       $                           $                    $


Signature:           ____________________________________                           Title:         ________________________                     Date:       _________


Printed                                                                             Phone
Name:                                                                               No.




                                                                     11                                              Last updated 01/26/2007
                               HUB Resource List for San Antonio


Minority Contractors Association- San Antonio

Hispanic Contractors Association de San Antonio
4047 Naco Perrin, Suite 201-b
San Antonio, Texas 78217
Office # 210-444-1100 & Fax # 210-444-1101
HUB Solicitations contact: info@hcsa.com

Minority Chambers of Commerce- San Antonio

Alamo Asian American Chamber of Commerce
2431 E. Evans Road
San Antonio, Texas 78259
Office # 210-641-6003 & Fax # 210-641-8279
HUB Solicitations contact: Elsa Chan- echan@unitech.com

Alamo City Chamber of Commerce
600 Hemisfair Plaza Way
Building 406-10
San Antonio, Texas 78205
Office # 210-226-9055 & Fax # 210-226-0524
HUB Solicitations contact: Douglas Heath- info@alamocitychamber.org

The San Antonio Hispanic Chamber of Commerce
Casa De Mexico International Building
318 West Houston St. Suite 300
San Antonio, Texas 78205
Office # 210-225-0462 & Fax # 210-225-2485


Contractors Association- San Antonio

Builders Exchange of Texas, Inc.
4047 Naco Perrin Blvd.
San Antonio, Texas 78217
Office # 210-564-6900 & Fax # 210-564-6902

Associated General Contractors (AGC) of San Antonio
10806 Gulfdale St.
San Antonio, Texas 78216-3607
Office # 210-349-4921
Contact: Doug McMurry


Government Agencies HUB Lists

Texas Procurement and Support Services

http://www2.cpa.state.tx.us/cmbl/cmblhub.html




                                      12                              Last updated 01/26/2007
1   Last updated 01/26/2007

								
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