[Project Name} Comal I.S.D. 6/29/99 6.1 Proposal Documents – The following contract documents should be placed at the beginning of each Project Manual in the order shown. Modify Proposal Invitation, Instructions to Proposers and Proposal Form to fit each project. INDEX TO PROPOSAL DOCUMENTS INVITATION TO PROPOSAL INSTRUCTIONS TO PROPOSERS PROPOSAL FORM ATTACHMENT 1 – AIA CONTRACTOR’S QUALIFICATION STATEMENT ATTACHMENT 2 - PROPOSED CONTRACTORS & SUPPLIERS ATTACHMENT 3 - FELONY CONVICTION NOTIFICATION ATTACHMENT 5 - HOLD HARMLESS AGREEMENT GENERAL CONDITIONS SUPPLEMENTARY CONDITIONS APPENDIX A - MINIMUM PER DIEM WAGE RATE DETERMINATION APPENDIX B - CONTRACTOR’S ASBESTOS FREE AFFIDAVIT PRE-CONSTRUCTION CONFERENCE MANUAL [Project Name} Comal I.S.D. 6/29/99 PROPOSAL FORM PROPOSAL OF: ________________________________________________________________ ______ (Name of Proposer) TO: Purchasing Agent Comal Independent School District New Braunfels, Texas 78217 FOR: [Project Name and Proposal Number] Dear Owner: The Proposer named herein (“Proposer”), in compliance with the Invitation to Proposers and Instructions to Proposers for the ________________________ (“Project”) for the Comal Independent School District, San Antonio, Texas (“Owner”), having visited the Project site and carefully examined the Project Drawings, Specifications, Addenda Nos. _______________, and all other Contract Documents (as such term is defined in the Instructions to Proposers), hereby, offers to enter into a contract to furnish all labor, materials, tools, equipment, transportation, machinery, supplies, insurance, permits, taxes and services necessary to complete the Work in accordance with the Contract Documents, within the time set forth herein, and at the stated herein. The Proposer fully understands the intent and purpose of the Contract Documents and the conditions of proposalding as set forth herein and in the Invitation to Proposers and the Instructions to Proposers. The Proposer hereby covenants and agrees that claims for additional compensation or extensions of time because of Proposer’s failure to familiarize itself with the Contract Documents or any condition at the Project site which might affect the Work will not be allowed. 1. Base Proposal: The Proposer agrees to execute all of the Work described prices in the Drawings, Specifications and other Contract Documents, including allowances, for the sum of _________________________ and ______/100 DOLLARS ($____________), which includes ___________________________ and /100 DOLLARS ($____________) for the required Payment and Performance Bonds. In case of a difference in written words and figures in this Proposal Form, the amount stated in written words shall govern. [Project Name} Comal I.S.D. 6/29/99 2. [Additive or Deductive Alternates] [and] [Unit Prices]: The Proposer agrees that the Base Proposal shall be adjusted by the amounts indicated below for each additive alternate which is accepted by the Owner, and by the unit prices indicated below: Alternate No. 1:______________________________________________ and ________/100 DOLLARS ($____________), which includes _________________________ and /100 DOLLARS ($__________) for the required performance and payment bonds. Unit Price No. 1: _________________________________________ and _________/100 DOLLARS ($____________________________). 3. Time for Completion: If awarded the Contract, the agrees to commence the Work [within _____ days after notice to Proposer proceed is given by the Owner or on or before ______, 19____] and to achieve Substantial Completion of the Work [within ______ calendar days or on or before _______, 19______]. 4. Proposal Security: Proposal security in the form of a certified check or proposal bond in the amount of five percent (5%) of the Base Proposal, plus all additive alternates, if applicable, is attached hereto, as a guaranty that the Proposer will unconditionally execute a satisfactory contract and furnish the payment and performance bonds, insurance and satisfy all other requirements for execution and delivery of the Contract Documents and commencement of the Work. 5. Contractor’s Personnel: The Proposer agrees to employ the following individuals for the entire duration of the Work at the positions indicated, and agrees not to remove them from the Work nor replace them with others except as otherwise allowed in the Contract Documents or approved in writing by Owner: Project Manager: __________________________________________ __________________________________________ Project Superintendent: ________________________________________ [Project Name} Comal I.S.D. 6/29/99 ________________________________________ Project Clerk: __________________________________________ __________________________________________ 6. Representations: By execution and submission of this Proposal, the Proposer hereby represents and warrants to Owner as follows: (a) The Proposer has prior experience on construction projects of the same or similar type, nature and class as the Work for the Project. (b) The Proposer has read and understands the Proposal Documents and the Contract Documents, and this Proposal is made in accordance with the Proposal Documents. (c) The Proposer has inspected the Project site, is familiar with the local conditions under which the Work is to be performed, and has correlated the Proposer’s site observations with the requirements of the Contract Documents. (d) To the fullest extent permitted by applicable law, the Proposer waives any claim it has or may have against the Owner, the Architect/Engineer, and their respective trustees, officers, shareholders, directors, partners, agents, contractors, consultants and employees arising out of or in connection with the administration, evaluation or recommendation of any proposals; waiver of any requirements under the Proposal Documents or the Contract Documents; acceptance or rejection of any proposals; and the award of the Contract. 7. Attachments: The following attachments are incorporated herein: Attachment 1 - Contractor’s Qualification Statement (AIA Form A305) Attachment 2 - Proposed Subcontractors and Supplies Attachment 3 - Felony Conviction Notification Attachment 4 - Hold Harmless Agreement [Project Name} Comal I.S.D. 6/29/99 PROPOSER: _____________________________ By:___________________________ Name:__________________ Title:___________________ [Project Name} Comal I.S.D. 6/29/99 INSTRUCTIONS TO PROPOSERS 1. PROPOSAL DOCUMENTS: The Proposal Documents shall include the Invitation to Proposers, these Instructions to Proposers, the Proposal Form (including all Schedules thereto), the Contract Documents (as defined below), and any other sample proposal and contract forms referred to herein. The Contract Documents shall consist of the Agreement between Owner and Contractor (AIA Form A101, 1997 Edition), the General Conditions to the Contractor (AIA Form A201, 1997 Edition), the Supplementary Conditions, the Project Pre-Construction Conference Manual, the Project Drawings and Specifications, and all Addenda issued with respect to any of the Contract Documents prior to the execution of the Contract. 2. INTERPRETATIONS, CHANGES AND SUBSTITUTIONS: Each proposer shall carefully study and compare the Proposal Documents with one another and with any existing work or work under construction; examine the site and local conditions; and promptly report to the Owner and the Architect/Engineer any suspected errors, inconsistencies or ambiguities. Proposers may only request clarification or interpretation of Proposal Documents in writing, which request must be received by the Architect/Engineer at least ten (10) days prior to the last date for submission of proposals. IN NO EVENT SHALL REQUESTS FOR SUBSTITUTIONS BE ACCEPTED OR CONSIDERED BY OWNER PRIOR TO THE AWARD OF THE CONTRACT. WITH RESPECT TO THIS PROJECT, REQUESTS FOR SUBSTITUTIONS [ ] WILL NOT BE PERMITTED. Check One [ ] WILL BE CONSIDERED ONLY AFTER THE AWARD OF THE CONTRACT IN ACCORDANCE WITH THE PROCEDURES AND REQUIREMENTS OF SECTION 3.4.3 OF THE SUPPLEMENTARY CONDITIONS. THE OWNER AND THE ARCHITECT MAY ACCEPT OR REJECT ANY REQUEST FOR SUBSTITUTION IN THEIR SOLE DISCRETION. Interpretations, corrections, and/or changes of or to the Proposal Documents will be made by written Addendum issued by the Owner, Architect and/or Engineer. Any interpretations, corrections or changes of or to the Proposal [Project Name} Comal I.S.D. 6/29/99 Documents made in any other manner will not be binding upon the Owner, and proposers may not rely thereon. Addenda will be mailed or faxed to all persons known by the Architect/Engineer to have received a complete set of Proposal Documents, and will be mailed to each proposer at the address furnished by such proposer to the Architect/Engineer for such purposes. In addition, copies of Addenda will be made available for inspection wherever the Proposal Documents are on file as set forth in the Invitation to Proposers. No Addenda will be issued later than three (3) days prior to the last date for submission of proposals, except an Addendum withdrawing the request for proposals or which includes postponement of the date for receipt of proposals. Each proposer shall acknowledge the receipt of all Addenda issued in its proposal. Failure of a proposer to receive any such Addenda shall not relieve the proposer from any obligation under its proposal as submitted. Add Addenda so issued shall become a part of the Contract Documents. 3. FORM OF PROPOSAL: Proposals shall be submitted on the prescribed form included in the Proposal Documents. All blanks on the Proposal Form shall be completed, in ink or typewritten, with sums expressed in both words and figures. In case of discrepancy between the words and the figures, the amount written in words shall govern. All requested alternates shall be proposal, and if no change in the base proposal is required, the phrase “No Change” shall be inserted in the appropriate location. Each copy of the Proposal Form shall include the legal name of the proposer and shall indicate whether the proposer is a sole proprietor, partnership, corporation or other legal entity. Each copy of the Proposal Form shall be signed by the person or persons legally authorized to bind the proposer. A proposal by a corporation or other entity shall include the state of incorporation or organization of the proposer, evidence of registration to do business in Texas and reasonable evidence of the authority of the person signing the proposal to bind the corporation or other entity. Each proposer shall complete, execute and deliver (as applicable) with its proposal, as part of the Proposal Form included with the Proposal Documents, the following: (a) CONTRACTOR’S QUALIFICATION STATEMENT (AIA FORM A305): Executed counterpart of the Contractor’s Qualification Statement, a copy of which is attached to the Proposal Form as Attachment 1. (b) SUBCONTRACTORS AND SUPPLIERS: A Schedule of the subcontractors and material suppliers which the proposer proposes to use for the Work, in the form attached to the Proposal Form as Attachment 2. All spaces on the attached Schedule shall be completed, and should any particular item or trade not apply, the proposer shall mark “not applicable” in the appropriate space. Each proposer is advised that all persons, firms, corporations or other parties to whom the proposer proposes to award a subcontract hereunder must be acceptable to the [Project Name} Comal I.S.D. 6/29/99 Owner. The Schedule described herein is in addition to, and not limitation of, the requirements for submission and approval of subcontractors and suppliers contained in Article 5 of the General Conditions. The Owner may require evidence of a subcontractor’s bondability if the subcontractor’s contract exceeds $100,000.00 in the aggregate, and require any such subcontractor to obtain anddeliver such bonds prior to commencement of any Work by the subcontractor. (c) FELONY CONVICTION NOTIFICATION: Executed counterpart of the Felony Conviction Notification attached to the Proposal Form as Attachment 3. (d) HOLD HARMLESS AGREEMENT: Executed counterpart of the Hold Harmless Agreement attached to the Proposal Form as Attachment 4. (e) FINANCIAL STATEMENTS: Current financial statements of the proposer, as of the most recent calendar (or fiscal) year ended and current monthly income and expense statements for the fiscal year to date, certified by the proposer to be true and correct. (f) PROPOSAL SECURITY: A certified check or proposal bond issued by a surety authorized to issue surety bonds in the State of Texas in the amount equal to five percent (5%) of the Base Proposal, plus all additive alternates, if applicable. The above referenced items are required by the Owner to adequately evaluate the proposer’s qualifications. Failure of the proposer to deliver any of the above-referenced items with its proposal shall constitute a basis for rejection of the proposal by the Owner. 4. SUBMISSION OF PROPOSAL: All proposals must be delivered in person or by United States mail. Proposals received by oral, telephonic, facsimile, telegraph or other electronic means are invalid and will not receive consideration. All documents required to be submitted as set forth in the Proposal Form and in the Instructions to Proposers shall be enclosed in a sealed, opaque envelope, addressed to the Board of Trustees for Comal Independent School District at the address specified below and identified as a proposal for __________________, Proposal No. ___________________. If the proposal is delivered other than by personal delivery, the sealed envelope shall be enclosed in a separate envelope, clearly notated “Sealed Proposal Enclosed” on the face thereof. All proposals must be delivered to Owner at the following address: [Project Name} Comal I.S.D. 6/29/99 Comal ISD - Central Office Proposals will be received by the Owner until _______ p.m., on ___________, 199____. At such time, all proposals timely received shall be publicly opened and read aloud. Each proposer shall assume full responsibility for timely delivery of its proposal to the location designated for receipt of proposals. Proposals received after the date and time for receipt of proposals will not receive consideration and will be returned unopened. By submitting a proposal, the proposer represents that (i) the proposer has prior experience on construction projects of the same or similar type, nature and class as the Work; (ii) the proposer has read and understands the Proposal Documents and the Contract Documents; (iii) the proposal is made in accordance with the Proposal Documents; and (iv) the proposer has inspected the site, is familiar with the local conditions under which the Work is to be performed, and has correlated the proposer’s site observations with the requirements of the Contract Documents. By submitting a proposal, each proposer agrees to waive any claim it has or my have against the Owner, the Architect/Engineer, and their respective trustees, officers, shareholders, director, partners, agents, contractors, consultants and employees, arising out of or in connection with the administration, evaluation, or recommendation of any proposal; waiver of any requirements under the Proposal Documents; or the Contract Documents; acceptance or rejection of any proposals; and award of the Contract. 5. MODIFICATION AND WITHDRAWAL OF PROPOSALS: A proposal may not be modified, withdrawn or canceled by a proposer for a period of sixty (60) days after the last date specified for receipt of proposals. Prior to the last date specified for submission of proposals, a proposal may be modified or withdrawn by notice to Owner at the place designated for receipt of proposals. Such notice shall be in writing and executed by the proposer, or by facsimile, telegram, or other similar electronic means. If by facsimile, telegram or other similar electronic means, written confirmation executed by the proposer shall be mailed and postmarked on or before the stated time set for receipt of proposals. Any modification shall be worded so as not to reveal the amount of the original proposal. Any proposal withdrawn may be resubmitted within the time designated for the submission of proposals. 6. ACCEPTANCE AND/OR REJECTION OF PROPOSALS: The Owner may request from a proposer a written interpretation of any term or statement in a proposal that is or appears unclear or subject to more than one interpretation, and may act upon such written interpretation. The Owner shall have the right to reject all proposals; to reject a proposal not accompanied by the required proposal documents or security; to reject a proposal which is in any way [Project Name} Comal I.S.D. 6/29/99 incomplete, irregular or nonconforming; or to reject a proposal which may otherwise be legally rejected for any reason. The Owner may waive any formality in any proposal to the fullest extent permitted by applicable law. The Owner shall have the right to accept alternates in any order or combination unless otherwise specifically provided in the Proposal Documents, and may determine the lowest (dollar) proposer on the basis of the sum of the base proposal and any alternates accepted. Unless the Owner rejects all proposals, the Owner intends to award the Contract by means of competitive sealed proposals to the lowest responsible and responsive proposer, or in any other manner permitted by applicable law, including, without limitation, any means permitted under Texas Education Code, Section 44.031 et seq. The Owner may consider all relevant factors and circumstances which the law allows to be considered, including without limitation, the following: (a) the contract price; (b) the reputation of the contractor and of the contractor’s services; (c) the quality of the contractor’s services; (d) the extent to which the services meet the Owner’s needs; (e) the contractor’s past relationship with the Owner; (f) the impact on the ability of the Owner to comply with laws and rules relating to historically underutilized businesses; (g) the total long-term cost to the Owner to acquire the contractor’s services; and (h) any other relevant factor that a private business entity would consider in selecting a contractor. Except to the extent that applicable law prohibits such, and without limiting the generality of the foregoing, the Owner may also consider, among other things; (i) the proposer’s reliability, capacity, ability, character, experience, reputation, integrity, skill, efficiency, energy, stability and judgment; (ii) the satisfactoriness of Owner’s previous dealings with the proposer including timely completion of work, compliance with laws, and warranty service; (iii) the proposer’s personnel and facilities for carrying out the Work; (iv) the proposers financial strength; (v) the proposer’s safety record; (vi) the length of construction time proposal, if applicable; (vii) the probability of satisfactory future maintenance, repair, and service to be performed by the proposer; and (viii) the number and scope of conditions, exceptions and exclusions included in the proposal. It is the intent of the Owner to have as much discretion in the manner of awarding the contract and the determination of responsibility or nonresponsiblity [Project Name} Comal I.S.D. 6/29/99 of proposers as the law allows. Each proposer shall furnish to the Owner all such information and data reasonably requested by the Owner to help it in determining the proposer’s qualifications and responsibility. A decision regarding determination of the successful proposer will be made by the Owner as soon as practical. In the event consideration is given to awarding the Contract to a proposer who is not the lowest (dollar) proposer, and if required by applicable law, the Owner will prior to such award, give notice to each proposer of the proposed award and each lower proposer will be given the opportunity to appear before the Owner or the Owner’s designated representative and present evidence concerning the proposer’s responsibility and qualifications. 7. AWARD OF CONTRACT: Time is of the essence, and the award of the Contract to the successful proposer is expressly conditioned upon (i) the proposer’s execution and delivery of the Contract Documents, and delivery of all required payment and performance bonds and evidence of insurance, within ten (10) calendar days after the successful proposer is notified of the acceptance of its proposal, and (ii) the proposer’s timely fulfillment of any and all other conditions expressly set forth in the Contract Documents. Should the proposer fail to timely execute and deliver the Contract Documents, the bonds and evidence of insurance, or fail to timely fulfill any other conditions to the C ontract Documents and the commencement of the Work, the Owner may, at its option and discretion, without releasing, impairing or affecting its right to receive the proposal security as liquidated damages for such failure, rescind the award and thereafter award the Contract to another proposer, or may reject all proposals. There will be no contractual obligation of the part of the Owner to any proposer, nor will any proposer have any property interest or other right in the Contract of Work being proposal, unless and until the Contract Documents are unconditionally executed and delivered by all parties, and all conditions to be fulfilled by the proposer have either been so fulfilled by the proposer or waived in writing by the Owner. 8. TRENCH EXCAVATION PROTECTION: Specific reference is hereby made to requirements for trench excavation protection with respect to the Work set forth in the Specifications. Each proposer is advised that certain requirements with respect to trench excavation protection must be satisfied prior to award of the Contract. 9. PREVAILING WAGE RATES: As set forth in the Contract Documents, each proposer is advised that, if awarded the Contract, the proposer must comply with the requirements of V.T.C.A., Government Code 2258.001 et seq., with respect to the Work, and in this regard shall pay to and cause all of its subcontractors to pay not less than the general prevailing rate of per diem wages [Project Name} Comal I.S.D. 6/29/99 and the prevailing rate for legal holidays and overtime work, as ascertained by the Owner. [Project Name} Comal I.S.D. 6/29/99 ATTACHMENT 1 – A|A CONTRACTOR’S QUALIFICATION STATEMENT [Project Name} Comal I.S.D. 6/29/99 ATTACHMENT 2 PROPOSED CONTRACTORS AND SUPPLIERS Proposed Subcontractors: Subject to by the Owner and Architect, the PROPOSER agrees to employ the following named Subcontractors for the following trades(insert only one  name for each item of work, or if the item of work is not to be subcontracted, the PROPOSER shall insert the PROPOSER’s own name): ITEM OF WORK PROPOSED SUBCONTRACTOR ADDRESS Drilled Piers ______________________________ __________________ __________________ Sitework ______________________________ __________________ __________________ Landscaping ______________________________ __________________ __________________ Asphalt Paving ______________________________ _________________ Concrete ______________________________ __________________ __________________ Masonry ______________________________ __________________ __________________ Structural & Miscellaneous Steel Fabrication _____________________________ __________________ __________________ Structural Miscellaneous Steel Erection _____________________________ __________________ __________________ Dampproofing & Waterproofing _____________________________ __________________ __________________ Insulation _____________________________ __________________ __________________ [Project Name} Comal I.S.D. 6/29/99 Metal Roofing _____________________________ __________________ Built-up Roofing and Sheet Metal ____________________________ __________________ __________________ Steel Doors & Frames ____________________________ __________________ __________________ Wood Doors ____________________________ __________________ __________________ Aluminum Entrances _____________________________ __________________ __________________ Aluminum Windows ____________________________ __________________ __________________ Finish Hardware ___________________________ _________________ __________________ Glass & Glazing ___________________________ __________________ __________________ Gypsum Drywall ___________________________ __________________ __________________ Terrazzo ___________________________ __________________ __________________ Acoustical Ceilings ____________________________ __________________ __________________ Resilient Flooring ____________________________ __________________ __________________ [Project Name} Comal I.S.D. 6/29/99 Wood Flooring ____________________________ __________________ __________________ Carpeting ____________________________ __________________ __________________ Painting ____________________________ __________________ __________________ Chalkboards & Tackboards ___________________________ __________________ __________________ Food Service Equipment __________________________ __________________ __________________ Toilet Partitions __________________________ __________________ __________________ Plastic Laminate Millwork __________________________ __________________ __________________ Mechanical __________________________ __________________ __________________ Plumbing __________________________ __________________ __________________ [Project Name} Comal I.S.D. 6/29/99 Fire Protection __________________________ __________________ __________________ Electrical __________________________ __________________ __________________ Electronics __________________________ _________________ _________________ AC Controls __________________________ _________________ _________________ [Project Name} Comal I.S.D. 6/29/99 ATTACHMENT 4 FELONY CONVICTION NOTIFICATION Texas Education Code, Section 44.034, Notification of Criminal History, Subsection (a), states “a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general conviction description of the conduct resulting in the conviction of a felony.” Subsection (b) states “a school district may terminate a contract with a person or business entity the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the. The district must compensate the person or business entity for services performed before the termination of the contract.” if THIS NOTICE IS NOT REQUIRED OF A PUBLICLY-HELD CORPORATION I, the undersigned agent for the firm named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best of my knowledge: VENDOR’S NAME:_____________________________________________________ AUTHORIZED COMPANY OFFICIAL’S NAME (printed):____________________ A. My firm is a publicly-held corporation, therefore, this reporting requirement is not applicable. Signature of Company Official:________________________________________ B. My firm is not owned nor operated by anyone who has been convicted of a felony. Signature of Company Official:________________________________________ C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony: Name of Felon(s):___________________________________________________ [Project Name} Comal I.S.D. 6/29/99 Details of Conviction(s):______________________________________________ ___________________________________________________________ _______ Signature of Company Official:________________________________________ Date:____________________, 19______ [Project Name} Comal I.S.D. 6/29/99 ATTACHMENT 5 HOLD HARMLESS AGREEMENT The Contractor shall defend, indemnify, and hold harmless, Comal Independent School District and all of its trustees, officers, agents, and employees from and against all suits, actions, or claims of any character brought for or on account of any injuries or damages (including death) received or sustained by any person or property on account of, arising out of, or in connection with, any negligent act or omission of Contractor or any agent, employee, subcontractor or supplier , of Contractor in the execution or performance of the Contract for ________________ (“Project”) designated as Project No. ___________________. The Contractor shall also defend, indemnify and hold harmless, Comal Independent School District and all of its trustees, officers, agents and employees, from and against claims by any subcontractorsupplier, laborer, materialman or mechanic for payment for work or materials provided on behalf of the Contractor in the performance of the Contract and all such claimants shall look solely to Contractor and not Comal Independent School District for satisfaction of such claims. This Hold Harmless Agreement shall be binding upon the undersigned, and its successors, legal representatives, heirs and assigns. DATED this ________ day of __________________, 19______. CONTRACTOR: _________________________________ By:______________________________ Name:______________________ Title:_______________________ STATE OF TEXAS COUNTY OF COMAL This instrument was acknowledged before me on the _____ day of _____________, 19_____, by ____________, ___________ of ______________, a Texas _____________________, on behalf of said__________________. _________________________________ Notary Public, State of Texas [Project Name} Comal I.S.D. 6/29/99 COMAL INDEPENDENT SCHOOL DISTRICT GENERAL CONDITIONS 1. GENERAL A American Institute of Architects, Document A-201, General Conditions of the Contract for Construction, 1997 Edition (“General Conditions”), is hereby incorporated by reference and made a part of this Contract. B. In the event the General Conditions are not bound herewith, copies are on file and may be referred to at the office of the Architect or may be purchased from the local AIA Documents Distributor at 1149 East Commerce, Suite #200, San Antonio, Texas 78205. END OF GENERAL CONDITIONS [Project Name} Comal I.S.D. 6/29/99 COMAL INDEPENDENT SCHOOL DISTRICT SUPPLEMENTARY CONDITIONS The following Supplementary Conditions modify, change, delete from or add to the General Conditions of the Contract for Construction, American Institute of Architects AIA Document A201, 1997 edition (“General Conditions”). Where any article, paragraph, subparagraph or clause of the General Conditions is modified or deleted by these Supplementary Conditions, the unaltered provisions of that article, paragraph, subparagraph or clause shall remain in effect. GENERAL PROVISIONS (Article 1): 1.1.1 Add the following to the end of the Subparagraph: The Pre-Construction Conference Manual prepared and submitted by the Owner shall be a part of the Contract Documents. Any reference in the Specifications to codes, standard specifications, or manufacturer’s instructions shall mean the latest printed edition of each in effect on the date that Contractor last submitted its proposal for the Work, unless the date of the item is specifically noted. 1.1.2 Add the following to the end of the Subparagraph: The Contract Documents comprise the entire agreement between the Owner and the Contractor and there are no conversations, understandings, agreements, conditions or representations, express or implied, with reference to the subject matter hereof that are not merged herein or superseded hereby. 1.1.3 Add the following to the end of the first sentence: “ . . ., including the transportation of materials and supplies to or from the site, competent supervision of the Work and the provision of insurance and payment and performance bonds in accordance with the Contract Documents.” 220.127.116.11 Add the following new Subparagraph: Any discrepancy or conflict within or between the Drawings and Specifications shall be brought to the attention of the Architect. Notwithstanding Subparagraph 1.2.3, discrepancies or conflicts not brought to Architect’s attention and clarified during the proposalding of the Project will be deemed to have been proposal in the more costly or difficult manner, and the better quality or greater quantity of the Work shall be provided by the Contractors in accordance with Architect’s interpretation. [Project Name} Comal I.S.D. 6/29/99 1.1.8 Add the following new Subparagraph: The term “provide” shall mean “furnish, install and complete, in place and ready for operation and use.” 18.104.22.168 Add the following new Subparagraph: Subject to the terms of Subparagraph 22.214.171.124, in the event of conflicts or discrepancies among the Contract Documents, the following Contract Documents will be given the following priorities in resolving such conflicts or discrepancies: (1) The Agreement; (2) Addenda, with those of later date having precedence over those of earlier date; (3) Supplementary Conditions; (4) Specifications; (5) Drawings; (6) General Conditions; (7) Pre-Construction Conference Manual. OWNER (Article 2): 2.2.5 Change the Subparagraph to read as follows: At the time of award of the Contract, the Contractor will be furnished, free of charge, up to ten (10) complete sets of Drawings and Project Manuals. Additional sets of the Drawings or Project Manuals will be furnished to the Contractor at the request and expense of the Contractor, to be paid by the Contractor at the time such Drawings or Project Manuals are provided to the Contractor. CONTRACTOR (Article 3): 3.1.1 Add the following to the end of the Subparagraph: The Contractor shall at all times be an independent contractor, not an employee or agent of the Owner, and the relationship of the parties [Project Name} Comal I.S.D. 6/29/99 hereunder shall in no event be construed as constituting any other relationship. 3.3.5 Add a new Subparagraph as follows: The Contractor shall perform all the Work in such a manner as to cause minimum interference with the operations of the Owner and other contractors and subcontractors on the site, and shall take, and cause the Contractor’s and its Subcontractor’s employees, agents, licensees and permittees to take all necessary precautions to protect the Work and the site and all persons and property thereon from damage or injury. The Contractor shall maintain good order among its employees and those of its Subcontractors, and shall confine its employees to such work areas, roads and gates as directed by the Owner. 3.4.3 Add a new Subparagraph as follows: Within forty-five (45) days after the contract has been executed, the Owner and the Architect will consider any formal request made by the Contractor for the substitution of products in place of those specified in the Contract Documents only if the Instructions to Proposers for the project specifically permits the submission by Contractor of requests for substitutions. If a request for substitution by Contractor is permitted, the Owner and the Architect may accept or reject any such request in their sole discretion. By making requests for substitutions pursuant to this Subparagraph 3.4.3, the Contractor: .1 Represents that the Contractor has personally investigated the proposed substitute product and determined that it is equal or superior in all respects to the product specified; .2 Represents that the Contractor will provide the same warranty for the substitution product that the Contractor would have provided for the product specified; .3 Certifies that the cost breakdown presented with the request is complete and includes all related costs, except for the Architect’s redesign costs, if any, and waives all claims for additional costs related to the substitution which subsequently become apparent; [Project Name} Comal I.S.D. 6/29/99 .4 Agrees to coordinate and supervise the installation of the proposed substitute, making such changes as may be required for the Work to be complete in all respects; and .5 Agrees to reimburse Owner and Architect for review or redesign services associated with any re-approval by applicable governmental authorities related to the substitution. Any request for substitution will include complete data substantiating compliance of the proposed substitution with the Contract Documents, together with a detailed breakdown of the cost of the project proposal and the cost of the suggested substitution, which will include the cost of labor and materials and Contractor’s overhead and profit allocable thereto. Each request for substitution shall be submitted to the Architect with appropriate shop drawings, product data, and certified test results substantiating the proposed product equivalence. Each request for substitution shall be accompanied by a properly executed Request for Substitution form. The Architect shall notify the Contractor in writing of its decision to accept or reject any request for substitution submitted by Contractor in accordance with this subparagraph 3.4.3. 3.5.1 Add the following at the end of the Subparagraph: Neither the Owner’s or Architect’s inspection nor failure to inspect shall relieve the Contractor of any obligation hereunder. If any Work fails to conform to the Contract Documents, the Contractor shall promptly replace and remedy the same at the Contractor’s expense. No acceptance or payment by the Owner shall constitute a waiver of the foregoing and nothing herein shall exclude or limit any warranties implied by law. 3.6.2 Add a new Subparagraph as follows: The Owner, as a tax-exempt organization, is not required to pay state sales tax. The materials to be used in the Work will be exempt from the limited sales, excise and use tax imposed by Chapter 151 of the Texas Tax Code. The Contractor shall obtain an exemption certificate evidencing exemption from such taxes from the local office of the State Comptroller of Public Accounts. 3.7.2 Delete the Subparagraph and replace with the following: In performing its obligations hereunder, the Contractor shall comply fully with all applicable laws, ordinances, rules, regulations, lawful orders and decrees of all applicable authorities, and when requested shall furnish evidence satisfactory to the Owner of such compliance. The Contractor agrees to indemnify, defend and hold harmless the Owner, its trustees, [Project Name} Comal I.S.D. 6/29/99 officers, representatives, agents and employees from and against all claims, fines, penalties, or liabilities from, arising out of, or based upon the actual or asserted violation of any laws, ordinances, rules, regulations, orders or decrees. Without limiting the generality of the foregoing, the Contractor shall comply with all requirements of V.T.C.A., Government Code §2258.001 et seq., and the rules and regulations promulgated thereunder. The Contractor shall pay and cause all of its Subcontractors to pay not less than the general prevailing rate of per diem wages and the prevailing rate for legal holidays and overtime work in the locality of the Work for each type of workman needed to execute the Work. The Owner has ascertained such general prevailing rate of per diem wages and has set forth the same in an Addendum to the Contract Documents. The Contractor shall keep or cause to be kept, and shall cause each of its Subcontractors to keep or cause to be kept, an accurate record showing the names and occupations of all laborers, workmen and mechanics employed in connection with the Project, and showing also the actual per diem wages paid to each of such workers, which records shall be open at all reasonable hours to the inspection of the Owner, its officers or agents. The Contractor shall cause each of its Subcontractors to submit to the Contractor, with each request for payment, certified copies of such records., At the request of the Owner, the Contractor will provide the Owner with certified copies of its records of per diem wage paid to its employees, together with copies of its Subcontractor’s records. The Contractor shall forfeit as a penalty to the Owner the statutory penalty provided for each laborer, workman or mechanic employed, for each calendar day or portion thereof that such laborer, workman or mechanic is paid less than the stipulated prevailing rates for any Work performed by the Contractor or any Subcontractor. 3.13.1 Add the following at the end of the Subparagraph: The Contractor shall so conduct its operations as not to unreasonably interfere with traffic on public thoroughfares adjacent or near to the Project site. 3.18.1 Delete the Subparagraph and replace with the following: TO THE FULLEST EXTENT PERMITTED BY LAW, THE CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNER, ARCHITECT, THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, FROM AND AGAINST ALL SUITS, DEMANDS, CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND COURT COSTS) CAUSED BY, RESULTING FROM, ARISING OUT OF, OR OCCURRING IN [Project Name} Comal I.S.D. 6/29/99 CONNECTION WITH THE PERFORMANCE OF THE WORK OR COMPLIANCE (OR FAILURE TO COMPLY) WITH THE TERMS OF THIS AGREEMENT, EVEN THOUGH SUCH LOSS, COST, DAMAGE INJURY, CLAIM, DEMAND, SUIT OR EXPENSE MAY BE ATTRIBUTABLE TO THE JOINT, CONCURRENT, COMPARATIVE OR CONTRIBUTORY NEGLIGENCE OF ANY PARTY INDEMNIFIED HEREBY. THE LIABILITY OF THE CONTRACTOR, ITS AGENTS, SERVANTS, EMPLOYEES, OR SUBCONTRACTORS HEREUNDER SHALL NOT BE LIMITED TO ANY MINIMUM INSURANCE LIMITS SET FORTH IN THE CONTRACT DOCUMENTS. THE OWNER MAY, AT ITS OPTION, PARTICIPATE IN THE DEFENSE OF ANY SUCH CLAIM OR SUIT WITHOUT RELIEVING THE CONTRACTOR OF ANY OBLIGATION HEREUNDER. SUCH OBLIGATION SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE OR REDUCE ANY OTHER RIGHTS OR OBLIGATIONS OF INDEMNITY WHICH WOULD OTHERWISE EXIST AS TO ANY PARTY OR PERSON DESCRIBED IN THIS PARAGRAPH. INDEMNIFICATION HEREUNDER SHALL INCLUDE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LIABILITY WHICH ARISES OR COULD ARISE PURSUANT TO THE PROVISIONS OF THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970, AS AMENDED (29 U.S.C. SECTION 652 ET SEQ.), AND ALL OTHER LAWS, RULES AND REGULATIONS FOR THE PROTECTION, SAFETY AND HEALTH OF WORKMEN, IT BEING AGREED THAT, AS BETWEEN THE OWNER AND THE CONTRACTOR, THE CONTRACTOR IS PRIMARILY LIABLE FOR COMPLIANCE WITH SAID STATUTES. The Contractor represents that it possesses the skills required for the Work, assumes the responsibilities of an employer for performance of the Work, and acts as an employer of one or more employees by paying wages, directing activities, and performing other similar functions. The Contractor is an independent contractor, free to determine the manner in which the Work is performed. The employees of the Contractor are not employees of the Owner, and the Owner shall have no responsibility to maintain Workers’ Compensation Insurance for the employees of the Contractor, the Contractor having sole responsibility therefor. The Contractor agrees, at the request of the Owner, to execute a written agreement in the form promulgated by the Texas Workers’ Compensation Commission stating that the Contractor is an independent contractor, not an employee of the Owner, and that neither the Contractor nor its employees are entitled to Workers’ Compensation coverage from the Owner. ADMINISTRATION OF THE CONTRACT (Article 4): 4.2.6 Add the following at the end of the Subparagraph: [Project Name} Comal I.S.D. 6/29/99 Certain portions of the Work will be tested and/or observed at various stages, sometimes off the Project site, between initial observation or review and final positioning of the completed Work. Nothing in any initial or prior approval or test result shall govern if at any subsequent time the Work or any portion thereof is found not to conform to the requirements of the Contract Documents. 4.2.7 Delete the Subparagraph and replace with the following: The Architect will review and comment or take other appropriate action upon the Contractor’s submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with the design concept expressed in the Contract Documents. The Architect’s action will be taken with reasonable promptness as to cause no delay in the Work or in the activities of the Owner or separate contractors, while allowing sufficient time in the Architect’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, or for coordination of the various trades, or for compliance with schedules, all of which remain the sole responsibility of the Contractor as required by the Contract Documents. The Architect’s review of the Contractor’s submittals shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5 and 3.12. The Architect’s review shall not constitute consideration or approval of safety precautions or, unless otherwise stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. If, on occasion, the Architect reviewed and/or commented upon items or subjects which are the responsibility of the Contractor, such action shall be interpreted as voluntary assistance by the Architect, and shall not create a duty or obligation upon the Architect to provide similar review and comment on other items or subjects. 4.3.8 Delete the Subparagraph (both Subparagraphs 126.96.36.199 and 188.8.131.52) in its entirety and substitute with the following: No increase in the Contract Time will be allowed except as otherwise expressly provided in Paragraph 8.3 below. 4.5 Paragraph 4.5 and any other terms of the General Conditions requiring arbitration are deleted in their entirety, and it is not required that any controversy or claim arising under any of the Contract Documents be settled by arbitration. [Project Name} Comal I.S.D. 6/29/99 CHANGES IN THE WORK (Article 7): 7.3.6 Delete the words “a reasonable allowance for overhead and profit” from the first sentence of this Paragraph and substitute the phrase “an allowance for overhead and profit in accordance with Subparagraph 7.3.10.” 7.3.10 Add the following as a new Subparagraph 7.3.10: In Subparagraph 7.3.6, the allowance for the combined overhead and profit included in the total cost to the Owner shall be based upon the following schedule: .1 For the Contractor, for Work performed by the Contractor’s own forces, fifteen percent (15%) of the cost (0% for change orders to be paid out of any contingency allowance). .2 For the Contractor, for the Work performed by the Contractor’s Subcontractors, five percent (5%) of the amount due the Subcontractors (0% for the change orders to be paid out of any contingency allowance). .3 For each Subcontractor or Sub-subcontractor involved, for Work performed by said Subcontractor or Sub-subcontractor’s own forces, fifteen percent (15%) of the cost. .4 The costs to which the above percentages shall be applied will be determined in accordance with Subparagraph 7.3.6. .5 In order to facilitate checking of quotations for extras or credits, all proposals, except those so minor that their propriety can be seen by inspection, shall be accompanied by a complete itemization of costs including quantities and unit costs of labor and materials, extended and totaled. Notwithstanding the fact that the Contractor is entitled to no allowance for combined overhead and profit for Change Orders to be paid out of a contingency allowance, if and when the Owner has submitted to the Contractor fifteen (15) proposed Change Order requests for changes to be paid out of contingency allowance, the Contractor shall thereafter be entitled to payment of a $60.00 administrative processing charge for each Change Order request subsequently submitted by the Owner with respect to a change to be paid out of a contingency allowance. 7.3.11 Add the following as a new Subparagraph: [Project Name} Comal I.S.D. 6/29/99 When Change Orders are indicated to be paid from a contingency allowance, if any, identified in the Contract Documents, the Contractor’s supervision and all other overhead items and profit shall be deemed to be included in the Contract Sum, and not in the contingency allowance. TIME (Article 8): 8.3 Delete the Paragraph (Subparagraphs 8.3.1, 8.3.2 and 8.3.3) and replace with the following: If the Contractor is delayed at any time in progress of the Work because of changes ordered in the Work or because of strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties, unusual inclement weather, or other causes asserted beyond the Contractor’s control which constitute a justifiable delay, the Contract Time may be extended, as the Contractor’s sole and exclusive remedy for such delay. The Owner will extend the Contract Time by Change Order subject to the following: .1 Claims for extension of time must be made in writing on or before the due date of Contractor’s Application for Payment covering the period in which the delay began. In the case of a continuing cause of delay, only one claim is necessary. .2 Claims for extension of time shall be stated in whole or half calendar days, as applicable. The actual date on which the delay(s) occurred must be stated in the claim. .3 In case of claims for extension of time because of unusual inclement weather, such extension of time will be granted only if such unusual inclement weather prevented the execution of Work on normal working days. Unless the Contractor otherwise informs the Owner in writing prior to commencement of the Work, “normal working days” will be Mondays through Fridays, exclusive of legal holidays. Unusual inclement weather as used herein means unusually severe weather which is beyond the normal weather recorded and expected for the locality of the Work and/or the season or seasons of the year. Normal weather conditions shall be determined based upon information compiled from the records of the U.S. Weather Bureau Station at the location of the Work. If unusually inclement weather conditions are the basis for a claim for additional time, such claim shall be documented by data substantiating such conditions, the fact that the same could not have been reasonably anticipated, and the fact that they had an adverse effect on the scheduled construction. [Project Name} Comal I.S.D. 6/29/99 .4 Any claim for extension of time for strikes or lockouts shall be supported by a statement of facts concerning the strike, including the dates, the craft concerned, the reason for the strike, efforts to resolve the dispute, and the efforts of the Contractor to minimize the impact of the strike upon progress of the Work. .5 Any claim for extension of time for delays in transportation shall be supported by a statement of facts demonstrating that the delays are beyond the Contractor’s control, and reciting the Contractor’s efforts to overcome such delays. PAYMENTS AND COMPLETION (Article 9): 9.1.1 Add the following at the end of Subparagraph 9.1.1: All costs of overtime work required by the Contract Time and the nature of the Work, as set forth in or inferable from the Contract Documents, except costs of emergencies covered in Paragraph 10.3, shall be and are included in the Contract Sum. 184.108.40.206 Add the following as a new Clause to Subparagraph 9.3.1: Along with the Application for Payment, and as a condition to the payment of any amounts stated therein, the Contractor will submit the following: .1 An Affidavit certifying that payment has been made to all Subcontractors, Sub-subcontractors, suppliers, employees, materials men and other persons relating to Work for which the Contractor has been paid; and .2 A revised and updated Construction Schedule reflecting actual job progress to the date of the Application for Payment, taking into account all factors known at the time of such Application for Payment. .3 Payment shall be made on the percentage of value of the Work actually performed and included in the Application for Payment, as specified in Article 5 of the Agreement. 220.127.116.11 Add the following to the end of the Subparagraph: The progress of construction must not lag behind the construction progress schedule approved by the Owner. If the construction or any portion or phase thereof falls behind the schedule approved by the Owner, further payment may be withheld until the pace of construction is [Project Name} Comal I.S.D. 6/29/99 accelerated to the satisfaction of the Owner to meet the scheduled Contract Time. 9.10.2 Add the following to the end of the Subparagraph: The Owner shall be entitled to retain a reasonable sum in an amount up to $50,000.00 from final payment and payment of retainage until the Contractor delivers to the Owner all record drawings, record documents and maintenance manuals required by the Contract Documents. 9.10.5 Add the following as a new Subparagraph: The Contractor shall not permit any actual or purported lien, charge or claim to attach or attempt to attach to the Work, the site or any amounts due or to become due to the Contractor under the Contract Documents. If any such lien, charge or claim is so, the Contractor shall promptly procure its release and indemnify the Owner against all damage and expense incident thereto. Upon completion of the Work and before any final payment and settlement, the Contractor shall provide evidence satisfactory to the Owner of payment and release of all debts, taxes, liens, charges, obligations and claims for or relating to labor, materials, Subcontractors and Sub-subcontractors; provided, however, that if the Contractor has not paid for any of the aforesaid as a result of a bona fide dispute, and payment of such is guaranteed and covered by the payment bond provided by the Contractor, then the Contractor shall not be required to pay such claim as a condition to final payment and settlement, but instead shall be required to provide Owner with written consent to final payment executed by such surety, expressly acknowledging the existence of such unpaid claim, and agreeing that full and final payment to the Contractor shall not impair any of the Owner’s rights or the surety’s obligations under the bond. PROTECTION OF PERSONS AND PROPERTY (Article 10): 10.1.4 Add the following to the end of the Subparagraph: Notwithstanding anything to the contrary contained in this Subparagraph 10.1.4, the agreement of the Owner to indemnify, defend and hold harmless the parties described in this Subparagraph shall not extend or apply to claims, damages, losses, expenses or liabilities related to, created or caused in whole or in part by a party indemnified hereunder; it being agreed and understood that the Owner and any party so indemnified shall each bear liability for its own negligent acts or omissions, and that such indemnity shall extend only to liability for the negligent acts and omissions of the Owner. [Project Name} Comal I.S.D. 6/29/99 [Note to specifier, review insurance requirements with Owner and adjust as required] INSURANCE AND BONDS (Article 11): Add the following Subparagraphs: 18.104.22.168 Minimum coverages and limits required of the Contractor are as follows: .1 Workers’ Compensation: statutory limits Employers’ Liability: $500,000 each accident; $500,000 disease - policy limit; $500,000 disease - each employee. .2 Commercial General Liability Insurance: $2,000,000 general aggregate; $1,000,000 products/completed operations aggregate; $1,000,000 personal and advertising injury; $1,000,000 each occurrence; $50,000 fire damage; $5,000 medical expense. Such policy shall include all of the coverages which may be included in Standard Texas Form Commercial General Liability Policy, without deletion, including, without limitation, the coverages indicated above and broad form property damage liability, contractual liability, and personal injury liability coverages. Such policy must be issued upon an “occurrence” basis, as distinguished from a “claims made” basis. .3 Comprehensive Automobile Liability Insurance to cover all vehicles owned by, hired by or used on behalf of the Contractor, with minimum combined single limit of $1,000,000.00. [Project Name} Comal I.S.D. 6/29/99 .4 Owner’s and Contractor’s Protective Liability Insurance: $500,000 bodily injury; $500,000 property damage. Such policy must contain an endorsement to the effect that the insurance company waives its right to use as a defense the Owner’s governmental immunity. .5 Umbrella Liability Insurance written on an occurrence basis, with minimum limits in the amount of: Contract Sum Minimum Limit Required (Per occurrence/aggregate) Up to $2,499,999 $1,000,000 $2,500,000 - 4,999,999 2,000,000 $5,000,000 - 7,499,999 3,000,000 $7,500,000 and over 4,000,000 .6 Should the Contractor fail to purchase, or fail to continue to force until completion of the Work, insurance in the amounts indicated above, the Owner may purchase such insurance and the cost thereof shall be borne by the Contractor, and may be deducted from any amounts owed by the Owner to the Contractor. 11.1.3 Change the first and second sentences of the Subparagraph to read as follows: Certificates of Insurance acceptable to the Owner shall be filed with the Owner within ten (10) days after award of the Contract to Contractor and prior to commencement of the Work. These Certificates and the insurance policies required by this Paragraph 11.1 shall contain a provision that coverages afforded under the policies will not be canceled, materially modified, or allowed to expire until at least thirty (30) days’ prior written notice has been given to the Owner. Add the following at the end of the Subparagraph: The provisions of this Subparagraph 11.1.3 shall apply to all policies of insurance required to be maintained by the Contractor pursuant to the Contract Documents. [Project Name} Comal I.S.D. 6/29/99 Add new Subparagraphs as follows: 11.1.4 The Contractor shall cause the Subcontractors employed by the Contractor to furnish and maintain the following types and amounts of insurance, with any specific coverages and endorsements reasonably requested by the Owner: .1 Workers’ Compensation: statutory limits Employers’ Liability: $100,000 .2 Commercial General Liability Insurance: $500,000 general aggregate .3 Comprehensive Automobile Liability Insurance: $250,000 per person/accident 11.1.5 All insurance policies shall be provided by a company or companies with a rating of not less than B+ in the last available Best’s Rating Guide. All such policies shall include clauses whereby each underwriter agrees to waive its rights of subrogation against the Owner. The Commercial General Liability, Automobile Liability and Umbrella Liability policies shall be endorsed to add the Owner as an additional insured. The limits of liability shown for each type of insurance coverage to be provided by the Contractor pursuant hereto shall not be deemed to constitute a limitation of the Contractor’s liability for claims hereunder or otherwise. Notwithstanding anything herein to the contrary, the Owner may to the fullest extent permitted by applicable law, accept alternate or different coverages for the insurance specified herein upon receipt from a licensed insurance agent or company acceptable to Owner of a written evaluation of the proposed alternate coverage in form acceptable to Owner confirming that such alternate coverage provides comparable or greater protection to the Owner as the coverage specified. 11.3.1 Change the Subparagraph to read as follows: The Contractor shall purchase and maintain an “All Risk” Builders Risk policy covering the entire Work at the site for the full insurable value of the Work, including transit thereto and including materials stored off-site and destined to become a part of the Work. Such policy shall be maintained until final payment is made to the Contractor pursuant to Article 9. Such policy shall include an endorsement allowing occupancy of the Project, in [Project Name} Comal I.S.D. 6/29/99 part or whole, by the owner prior to final completion of construction. No deductibles shall exceed $5,000 without the prior written approval of the Owner. The policy shall insure the respective interests of the Owner and the Contractor in the Work. 22.214.171.124, 126.96.36.199 and 11.3.6: Delete Subsections 188.8.131.52, 11..1.3 and 11.3.6 in their entirety. 11.3.8 and 11.3.9: Change the words “the Owner’s” and “the Owner” to read “the Contractor’s” and “the Contractor.” 11.4.1 Change the Subparagraph to read as follows: Prior to executing the Agreement and commencing any Work, the Contractor shall furnish, at the Contractor’s expense, Performance 3 and Payment Bonds in the amount of 100% of the Contract Sum, issued by such corporate sureties duly authorized and admitted to do business in the State of Texas and licensed by the State of Texas to issue surety bonds as are approved and acceptable to the Owner. If the Contract Sum exceeds the underwriting limitation of the surety on the most recent list of acceptable sureties, the Contractor shall provide the Owner with evidence that the excess is protected by re-insurance or co- insurance in a form and amount acceptable to the Owner. Such bonds shall meet the requirements of V.T.C.A., Government Code §2253.001 et seq. The Contractor shall require any attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto an original certified and current copy of a Power of Attorney evidencing the authority of such attorney-in-fact to so execute such bonds, indicating the monetary limit of such power and authority. 11.4.3 Add the following as a new Subparagraph 11.4.3: By inclusion of this Subparagraph 11.4.3 in the Contract Documents, the surety which issues the bonds is hereby notified that the Owner, the Architect, and their agents and employees do not represent and will not be responsible for the surety’s interests during the course of the Work. To protect its interests, the surety shall have the right to attend pay estimate meetings, review Applications for Payment when requested in writing by them, comment upon and make recommendations regarding payments, and inspect the Work in the presence of the Contractor and the Architect. By providing the bonds for the Work, the surety shall and hereby waives any cause of action against the Owner, the Architect, their agents and employees, for any loss suffered by the surety by reason of overpayment of any amounts to the Contractor, unless such is a direct result of a fraudulent or grossly negligent act committed by such party. Add the following as a new Subparagraph: [Project Name} Comal I.S.D. 6/29/99 11.5 Workers’ Compensation 11.5.1 Definitions: .1 Certificate of coverage (“certificate”) - a copy of a certificate of insurance, a certificate of authority to self-insure issued by the Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-84), showing statutory workers’ compensation insurance coverage for the person’s or entity’s employees providing services on the Project, for the duration of the Project. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the Contractor’s Work on the Project has been completed and accepted by the Owner. .3 Persons providing services on the Project (“subcontractor” in Texas Labor Code, §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. .4 Services - includes, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to the Project. Services does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 11.5.2 The Contractor shall provide coverage, based on proper reporting of classification codes an payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the Project, for the duration of the Project. 11.5.3 The Contractor must provide a certificate of coverage to the Owner prior to being awarded the Contract. 11.5.4 If the coverage period shown on the Contractor’s current certificate of coverage ends during the duration of the Project, the Contractor must, [Project Name} Comal I.S.D. 6/29/99 prior to the end of the coverage period, file a new certificate of coverage with Owner showing that coverage has been extended. 11.5.6 The Contractor shall obtain from each person providing services on a Project, and provide to Owner: .1 A certificate of coverage, prior to that person beginning work on the Project, so the Owner will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 No later than seven (7) days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 11.5.7 The Contractor shall retain all required certificates of coverage of the duration of the Project and for one year thereafter. 11.5.8 The Contractor shall notify the Owner in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project. 11.5.9 The Contractor shall post, on each Project site, notice, in the text, form and manner prescribed by the Texas Workers’ Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 11.5.10 The Contractor shall contractually require each person with whom it contracts to provide services on a Project, to: .1 Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project; .2 Provide to the Contractor, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project; [Project Name} Comal I.S.D. 6/29/99 .3 Provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .4 Obtain from each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; .5 Retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter; .5 Notify the Owner in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and .6 Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 11.5.11 By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor represents to the Owner that all employees of Contractor who will provide services on the Project will be covered by workers’ compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Commission’s Division of Self- Insurance Regulation. Contractor acknowledges that providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11.5.12 The Contractor’s failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the Owner to declare the Contract void if the Contractor does not remedy the [Project Name} Comal I.S.D. 6/29/99 breach within ten (10) days after receipt of notice of breach from the Owner. TERMINATION OR SUSPENSION OF THE CONTRACT (Article 14): 184.108.40.206 Add a new Subparagraph as follows: .5 or any Subcontractor becomes insolvent, enters bankruptcy, receivership or other like proceeding (voluntarily or involuntarily), or makes an assignment for the benefit of creditors, and the Contractor, within fifteen (15) days after receipt of notice from the Owner, fails to provide satisfactory evidence that the Contractor will either (i) perform the Work of such Subcontractor with the Contractor’s own forces, in a timely manner, or (ii) replace the Subcontractor with another similarly qualified subcontractor who is ready, willing and able to do such Subcontractor’s Work in a timely manner. 14.2.2 Add the following at the end of the Subparagraph: In any such event, title to the Work and any products thereof, whether completed or partially completed, as well as all materials prepared, procured or set aside by the Contractor for use in the Work, shall vest in the Owner at the Owner’s option, and the Owner may enter the Contractor’s premises and remove the same therefrom. No election hereunder shall be construed as a waiver of any rights or remedies of the Owner with regard to any breach of the Contract Documents. End of Supplemental Conditions to the Contract [Project Name} Comal I.S.D. 6/29/99 SUPPLEMENTARY CONDITIONS TO THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 2 - Add the following paragraph 2.2.6 The Architect shall attend meetings and assist the Owner in analyzing existing facilities and planning new school facilities. The result of this planning shall establish the Bond Issue scope and shall include a report detailing the size (in square footage), quality (in dollars per square foot) and total estimated project cost. This portion of Schematic Design effort shall represent 2% of the total fee. ARTICLE 2 - Paragraph 2.4.4 Delete the text of Paragraph 2.4.4 in its entirely and insert the following: 2.4.4 The Architect shall file documents required fur the approval of governmental authorities known by the Architect to have jurisdiction over the project. Filing fees shall be paid by the Owner. The Architect can not warranty approval by those authorities. ARTICLE 2 - Paragraph 2.6.5 Delete the text of Paragraph 2.6.5 and insert the following 2.6.5 The Architect shall visit the site at intervals appropriate to the stage of construction to generally become familiar with the progress and quality of the Work completed and to determine in general if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents The Architect will provide continuous on site inspection during all concrete pours that are contributor of all completed work. Furthermore, a minimum of one job site meeting per month will be initialed by the Architect. Attendees will include the Owner, the General Contractor's Project Manager, the General Contractor's Project Superintendent and the Architect. [Project Name} Comal I.S.D. 6/29/99 ARTICLE 2 - Add the following paragraph. 2.7 WARRANTY 2.7.1 The Architect shall be responsible for reporting all building deficiencies of which he has knowledge to the Contractor for a period of one year from the date of Substantial Completion. Additionally the Architect shall review the progress of the reported corrections and furnish the Owner with written notification of completed corrections. The one-year period shall be extended to portions of Work first performed after Substantial Completion and the actual performance of the Work. This obligation under this Subparagraph 2.7.1 shall survive acceptance of the Work under the Construction Contract. Owner shall notify Architect of any deficiencies of which he is aware. ARTICLE 7 - Replace Article 7 with the following: 7.1 Claims, disputes or other matters in question between the parties to this Agreement shall be submitted to mediation or alternate dispute resolution at the request of any party. Submission by any party shall not be unreasonably withheld. ARTICLE 12 12.1 This Agreement shall be governed by the laws of the State of Texas, and all sums payable hereunder shall be due and payable in Comal County, Texas. 12.2 The period of time during which the Architect's duty to provide basic services shall include that time necessary to provide all services necessary to correct any defective work caused by defects, errors or omissions of the Architect occurring during any phase of construction. Such services shall be performed by the Architect at no additional charge, either in fee or expenses. 12.3 The Architect shall assist the owner in submitting plans and specifications to necessary federal, state and local authorities. 12.4 Any Additional Service performed without prior written authorization of the Owner shall be considered a Basic Service. 12.5 The Architect and his consultants shall obtain and carry at all times during which this Agreement is in effect, insurance coverage in the following types and amounts: (a) Professional liability coverage in an aggregate amount of $1,000,000, with a [Project Name} Comal I.S.D. 6/29/99 maximum deductible of $25,000 for all architectural or engineering firms or person which provide services on the Project. 12.6 Architect represents that the services to be provided hereunder shall be performed by, or under the direct supervision of, an Architect duly licensed pursuant to Art 249(a), et seq. Revised Civil Statutes of the State of Texas. Architect shall design the project and prepare the Contract Documents, to the best of his knowledge, information and belief (based on careful inquiry) to be in accordance with applicable laws, statues and codes, including Owner's designated code, 1991 Standard Building Code. The Architect shall not be held responsible for any changes or new interpretations in the requirements of codes, regulations, or ordinances enacted subsequent to the most recent date of publication of such codes, regulations, or ordinances prior to the date of the Contract Documents. The Architect shall promptly communicate to Owner any knowledge the Architect may have of pending or anticipated changes, in applicable law, whether that knowledge is acquired prior to or after the date of the Contract Documents. Additionally, Architect represents to the Owner that the Contract Documents he provides the Owner and Contractor are prepared in accordance with the reasonable and customary practices of architecture, sufficient to construct the Project in accordance with the program Owner has provided the Architect, and are drawn in accordance with Article 249 of the Texas Revised Civil Statutes. 12.7 The Architect shall assist the Owner in pre qualifying all general contractors during the bidding phase of the Project. 12.8 The Architect shall be responsible for employing consultants to execute the Project and such consultants for mechanical electrical and structural disciplines shall be professional engineers, licensed by the State of Texas to practice the building discipline for which they are employed on this Project. Architect shall require such consultants to make site visits at intervals appropriate to the stage of construction and as required to ascertain that the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. Consultants required by the Architect shall at a minimum be required to make the following on-site visits and inspections. (a) Structural Engineer - inspection and punch list preparation after completion of steel erection. (b) Mechanical/Electrical Engineer - Three progress visits with corresponding written reports. Thereafter, final visit and punch list. 12.9 The Architect shall be responsible for a re inspection of the project approximately eleven (11) months after the date of Substantial Completion. Furthermore, the Architect shall report warranty deficiencies uncovered during said inspection and shall be responsible for reviewing the correction of said deficiencies in accordance with Article 2, subparagraph 2.7.1 of this Agreement. [Project Name} Comal I.S.D. 6/29/99 12.10 Whenever this Agreement requires that notice be given, such notice shall be in writing and served either personally or sent by United States mail, postage prepaid, addressed at the addresses set forth below each party’s name. 12.11 The invalidity of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof, and shall not invalidate this Agreement as a whole. 12.12 If either party is required to bring an action to enforce the terms hereof or declare rights hereunder, the prevailing party in such action shall be entitled to recover its reasonable attorney's fees from the non-prevailing party. 12.13 In the event of a dispute concerning the enforcement of the terms hereof or the rights of the parties under this Agreement, either party may request that such dispute be submitted to non-binding mediation. Unless otherwise agreed to, each party shall share the cost of such non-binding mediation. No party shall unreasonably refuse to participate in such non-binding mediation 12.14 Owner will provide the services, information, surveys, and reports required by the following items and the architect shall be entitled to rely upon the accuracy and "completeness thereof: A. The owner shall provide full information regarding his requirements for the project including complete program of space needs. B. The owner shall furnish a certified land survey of the site giving, as applicable, grades and lines of streets, alleys, pavements, and adjoining property; right-of-ways, restrictions; easements, encroachments, zoning, deed restrictions, boundaries, and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees, and full information concerning available service and utility lines, both public and private, above and below grade, including inverts and depths. C. The owner shall furnish subsoil data investigation and report. The owner shall pay for all testing required during planning and construction. [Project Name} Comal I.S.D. 6/29/99 12.14.1 Architects work will proceed from a base of owner’s information including existing as-built site plans and floor plans. The site plan shall include all of the typical site survey information including location of building related to property lines, streets parking, drives, etc. The floor plans are to be a composite drawing of each level. If a composite drawing is not available, or if architect has to field measure and draw up a portion of the existing facilities then that work will be handled as an additional service on an hourly basis of time required. 12.14.2 If asbestos in encountered, the school district will retain a separate asbestos consultant to work with the district for managing plan, abatement, etc. Architect will work with the school district to coordinate asbestos consultant activities. [Project Name} Comal I.S.D. 6/29/99 APPENDIX A MINIMUM PER DIEM WAGE RATE DETERMINATION FOR COMAL INDEPENDENT SCHOOL DISTRICT SCHOOL FACILITIES CONSTRUCTION BY CONTRACT Pursuant to the requirements of law and in compliance with V.T.C.A., Govt. Code, 2258.001 et seq., the following wage determination is issued as required by law applicable to the work described. This wage determination shall be made a part of the contract for the work for which it is issued. The wage rates contained in the determination, including modifications, if any, shall be the minimum to be paid by contractors and subcontractors to each worker employed by it in the execution of the work. The contractor shall comply with all the requirements of V.T.C.A., Government Code 2258.001 et seq. When the contractor or subcontractor proposes to utilize a particular class of laborers or workmen not listed in the wage determination, such workman or laborer shall be classified or reclassified conformable to the wage determination and a report made in writing of such action to the Owner. When the interested parties are unable to agree on the classification or reclassification of workmen, the question with recommendations of the parties shall be submitted to the Owner for determination. The decision of the authorized representative of the Owner shall be furnished the parties and shall be binding and final. 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 Owner, its officers and agents. LOCATION OF PROJECT: Comal Independent School District New Braunfels, Comal County, Texas EFFECTIVE DATE: March 13, 1996 EXPIRATION DATE: March 13, 1998 BUILDING CONSTRUCTION includes construction of sheltered enclosures with walk-in access for the purpose of housing persons, machinery, equipment or supplies, the installation of utilities, machinery and equipment, both above and below grade level, as well as incidental grading and paving. [Project Name} Comal I.S.D. 6/29/99 WORK CLASSIFICATION PREVAILING WAGE RATE Air Conditioning Mechanic 18.76 Air Conditioning Serviceman 10.85 Asphalt Raker 7.00 Bricklayer/Stone Mason 14.21 Bricklayer/Stone Mason Helper 10.52 Carpenter 11.03 Carpenter Helper 7.88 Concrete Finisher 10.91 Concrete Finisher Helper 5.77 Drywall Installer 7.00 Drywall Taper 7.00 Electrician 14.64 Electrician Helper 7.16 Floor Layer, Resilient 8.90 Glazier 11.47 Glazier Helper 5.65 Instrument Person 11.00 Ironworker, Reinforcing Steel 10.72 Ironworker, Reinforcing Steel Helper 7.26 Ironworker, Structural 11.31 Ironworker, Structural Helper 7.70 Laborer, Unskilled 6.91 Laborer, Skilled 7.90 Metal Building Assembler 10.01 Metal Building Assembler Helper 6.00 Operator, Air Tool 5.00 Operator, Backhoe 11.52 Operator, Concrete Paving 5.00 Operator, Concrete Saw 5.00 Operator, Crane 12.72 Operator, Curb Machine 8.00 Operator, Forklift 8.50 Operator, Front End Loader 8.81 Operator, Motor Grader 9.10 Operator, Roller 5.00 Operator, Truck Driver 8.06 Painter 7.98 Pipefitter 18.76 Plumber 18.76 Rod or Chain Person 8.50 [Project Name} Comal I.S.D. 6/29/99 Roofer 10.28 Roofer Helper 6.98 Sheet Metal Worker, Ductwork 17.59 Sheet Metal Worker, Roofing 12.70 Sheet Metal Worker, Roofing Helper 9.43 Sprinkler System Installer 18.70 Sprinkler System Installer Helper 8.00 Tile Installer, Ceramic 8.67 Welder, Certified Pipe 18.76 HIGH CONSTRUCTION includes the construction, alteration or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, parking areas and other similar projects not incidental to building construction. [Project Name} Comal I.S.D. 6/29/99 WORK CLASSIFICATION PREVAILING WAGE RATE Concrete Finisher (Paving) 7.83 Form Setter/Builder (Structures) 8.35 Form Setter Helper (Structures) 5.50 Instrument Person 14.38 Laborer, Common 6.01 Lowboy - Float 8.50 Operator, Backhoe 8.49 Operator, Asphalt Paving Machine 8.00 Operator, Bulldozer 8.50 Operator, Crane 8.05 Operator, Front End Loader 7.22 Operator, Motor Grader 10.15 Operator, Roller 6.29 Operator, Trenching Machine 7.50 Operator, Truck Driver 6.82 Pipelayer 7.86 Pipelayer Helper 6.10 Servicer 8.50 [Project Name} Comal I.S.D. 6/29/99 APPENDIX B CONTRACTOR’S ASBESTOS FREE AFFIDAVIT SCHOOL: ________________________________________________ PROJECT NUMBER AND DESCRIPTION:________________________ ________________________________________________ ________________________________________________ CONTRACTOR: (Name) ______________________________________ ________________________________________________ ________________________________________________ The undersigned acknowledges and agrees that the Comal Independent School District, in order to protect the students, staff and public in general from any unnecessary exposure to asbestos fibers, and to comply with the Asbestos Hazard Emergency Response Act, prohibits the use of asbestos containing materials in all forms in the construction and operation of their facilities. The undersigned certifies that he/she is familiar with the materials used in the construction of and incorporated into, the Project referenced above. undersigned further certifies that, to the best of his/her knowledge and belief, no asbestos containing materials, either friable or otherwise, were used in the process of constructing or incorporated into the construction of the Project. Dated:_____________________________, 19____. CONTRACTOR: _________________________________ By:______________________________ Name:_____________________ Title:______________________ STATE OF TEXAS COUNTY OF COMAL This instrument was acknowledged before me on the _____ day of ___________, 19________, by_______________, ________________ of _____________________, a Texas ________________________, on behalf of said___________________________. ____________________________________ Notary Public, State of Texas [Project Name} Comal I.S.D. 6/29/99 [Project Name} Comal I.S.D. 6/29/99 INDEX CHAPTER PAGE ________________________________________________________________ _______ INTRODUCTION i PRE-CONSTRUCTION CONFERENCE AGENDA ii 1. PROJECT RESPONSIBILITIES 1-1 2. PROJECT RESTRICTIONS 2-1 3. PERMITS, LICENSES, CERTIFICATES & FEES 3-1 4. SUBMITTALS 4-1 5. PROJECT MEETINGS 5-1 6. CONSTRUCTION PHASING 6-1 7. INSPECTIONS/OBSERVATIONS 7-1 8. SCHEDULE OF VALUES AND APPLICATIONS AND CERTIFICATE FOR PAYMENT 8-1 9. SCHEDULES 9-1 10. CONSTRUCTION CHANGES 10-1 11. RECORD DOCUMENTS 11-1 12. MAINTENANCE MANUALS 12-1 13. PROJECT CLEAN-UP 13-1 14. WARRANTY PROCEDURES 14-1 EXHIBITS E-1 [Project Name} Comal I.S.D. 6/29/99 INTRODUCTION This Pre-Construction Conference manual has been developed by COMAL Independent School District (sometimes referred to herein as CISD and/or Owner) to set forth procedures to be used during the construction and close-out of this project. Depending upon the specific type of project (addition, renovation, new school, etc.) certain sections or paragraphs may not be applicable. This will be determined by CISD. In general, this Manual attempts to define an agenda and format for the Pre-Construction Conference and supplement many of the contractual requirements of the project specifications. Since CISD and each individual CISD team member is involved in several projects, adherence to the procedures described in the specifications and this Manual will help with the prompt and timely response to construction questions and problems. The concept of a “team” relationship for the construction of a project is not new, it has been proven over time. CISD understands that working as a “team” (Owner, Architect/Engineer, and Contractor) results in a better product: a project completed ahead of schedule, within budget and above average quality. This must be the goal of all CISD team members. Regardless of the reputation or past credentials of CISD, the Architect, the Contractor, or others, the degree of success of this particular project is solely dependent upon the attitude, aggressiveness, responsiveness and expertise of the specific team members on this project. CISD must maintain its reputation for “excellence in education”. This goal must also be translated to the quality of its construction services and a quality physical plant. CISD will continually push for speed, insist on quality and expect a dollar’s worth for every dollar spent. Throughout the span of the project, CISD solicits suggestions from any team member for ways to decrease time, improve quality or reduce costs. All suggestions may not be accepted for reasons unknown to the person generating the idea. But, the fact that an idea was brought forward indicates an interest and commitment to the project and the other team members. A thorough review of this Manual will provide important information on topics essential to the orderly management of the construction project. An understanding of the relationships of all team members and adherence to the procedures outlined will improve the flow of information, thereby minimizing [Project Name} Comal I.S.D. 6/29/99 delays and frustration. It is CISD’s intent to cooperate and work with all team members in reaching a common goal: a successful project completed ahead of schedule, within budget, and with exceptional quality. PRE-CONSTRUCTION CONFERENCE Suggested Agenda A. Introduction of all attendees * Distribute general information attachments B. Discussion of Project Responsibilities * Team Concept - CISD, Architect/ Engineer, Contractor * Owner’s Responsibility Maintenance and Operations Department * Architect/Engineer Responsibility Construction Administration * Contractor Responsibility Protects Owner’s interest Coordinate all construction Manage all construction * School Personnel [Project Name} Comal I.S.D. 6/29/99 Principal Staff C. Project Restrictions * Access to site * Office and Trailer Location * Construction Parking * Material Storage Area * Temporary Fencing * Top Soil Stockpile Area * Disposal of Soil * Not allowed to use school restrooms or cafeteria * Restrict workmen in existing school * Temporary utilities Power Water * Security and Protection OFCI Storage Area * Harassment * Dress Code * Smoking * Illegal, Drugs and Alcohol * Existing Conditions D. Permits, Licenses, Certificates, and Fees * General Contractor Bonds * Builder’s Risk Insurance * Liability and Worker’s Compensation Insurance * Licenses * Building Permits * Fees E. Submittals * Review Procedure Number and Type of Copies Routing Owner’s Copies Submittal Log * Color Schedule [Project Name} Comal I.S.D. 6/29/99 * Substitutions * Samples F. Project Meetings * Regular Bi-Monthly Meetings * Agenda * Minutes G. Construction Phasing * New Schools Early Completion * Temporary Partitions * Construction Phasing Existing Equipment Storage and Relocation Agency Inspections School Occupancy * Utility Shutdown/Changeover H. Inspections/Observations * A/E Observations * Contractor’s Quality Control * Agency Inspections * Concealed Space Observation * Substantial Completion Inspection Contractor A/E * Future Maintenance * System Verification I. Application and Certificate for Payment * Schedule of Values (with Labor and Material Breakdown) * Application for Payment Match Schedule of Values Review Procedure * Final Pay Application Pre-Requisites [Project Name} Comal I.S.D. 6/29/99 J. Schedules * Construction Schedule Monthly Revisions * Construction Delays * School Staff Support During Workdays K. Construction Changes * Control of Construction Changes * Authority to Issue Changes * Proposed Change Order Procedure * Change Order L. Record Documents * Contractor Responsible to Maintain Enforce with subcontractors * Prerequisite for final payment M. Maintenance Manuals * Contents of Manual * Arrangement of Information * Distribution N. Project Clean-Up * Periodic and Final Clean-up O. Warranty Procedures * Expectations * Initiation of Request * Acknowledgment of Repairs * Follow-up Letters CHAPTER 1: PROJECT RESPONSIBILITIES [Project Name} Comal I.S.D. 6/29/99 1.1 Team Concept Many construction projects have proven that the best results are achieved through the Team approach (Owners, Architect, Engineer, and Contractor) rather than as adversaries. Working together as a team has many benefits, such as: * Improving flow of information * Less frustration * Better response to questions * Quicker decision * Better understanding of reasons behind decisions * Higher quality * Less cost to all team members * Timely completion of tasks * Eliminating confusion and mistakes CISD solicits the cooperation of the Architect, Engineer and Contractor as vital team members working together toward a common goal: a successful project. As in any endeavor involving multiple team members, the role, responsibility and authority of each member be defined. A clear understanding of each person’s duties is essential. 1.2 Owner’s Responsibility Generally, the Owner is responsible for rendering decisions when project conditions require; furnishing equipment in a timely manner when called for in the contract documents, and making timely payments as the work progresses. In attempting to meet this responsibility, the owner has delegated much of the required authority to its project team member as follows: MAINTENANCE & OPERATIONS DEPARTMENT * District’s Single Point of Contact * Observes construction * Liaison with existing school personnel * Liaison with other CISD team members * Reviews and approves all payments * Reviews all Change Orders (CO’s) * Works with Architect on any documents interpretations or clarifications * Liaison with Agency representatives * Submits warranty requests through the Architect to the Contractor [Project Name} Comal I.S.D. 6/29/99 1.3 Architect’s Responsibility In most instances, the Architect is the second team member involved in the project and has more historical background of the project than the Contractor. His general responsibilities include: * Authorized to act as Owner’s representative * Interpretation and clarification of Contact Documents * Observation of construction to insure compliance with the Contract Documents * Review of shop drawings and submittals * Review of Contractor’s Pay Requests * Process Change Orders * Final Project Review * Administer Warranty Period In practically all CISD design contracts, the Architect is responsible for employing consulting engineers for appropriate phases of the work such as mechanical, electrical, etc. As the single source design professional, the Architect is therefore responsible for his consultants providing the services outlined above for their particular phases of the work. 1.4 Contractor’s Responsibility In general, the Contractor is responsible for the timely construction of the project in accordance with the Contract Documents. This includes coordinating, scheduling and expediting the work for completion within the agreed upon schedule. More specifically this includes: * Management and coordination of all subcontractors * Responsibility for all construction workmen * Efficient use of manpower and materials * Protecting the Owner’s interests * Make a video of existing conditions * Protection of people and property * Orderly, clean, and safe construction site * Coordination of trades to avoid conflicts * Selection of methods or techniques of construction * Notification upon discovery of any questionable conditions, designs, materials, details, or procedures * Coordination with school principal to insure student and staff safety and comfort * Keeping the Architect informed through reports, meetings, etc. * Quality Control of all construction [Project Name} Comal I.S.D. 6/29/99 * Compliance with all applicable codes and regulations * Scheduling concealed space observations by Architect * Correction of all warranty items In most projects, the Contractor delegates a part of the above to subcontractors experienced in a specific phase of the work. Although this is acceptable, the Contractor must understand that he remains solely responsible to the Owner for techniques, materials, and quality of the work performed by his subcontractors. 1.5 School Personnel Many of the Owner’s projects involve additions or renovations to existing schools. This necessitates involvement and coordination with school personnel such as the principal. A clear understanding of their responsibility and authority is also needed. Although experienced in school management and operation, they typically have little expertise in construction. Their duties of managing the operations of a school require most of their time and they should not be involved in the daily construction problems and questions that may arise. They must, however, be kept informed as to the impact construction will have on the school’s operations and this is the responsibility of the Contractor’s Superintendent or Project Manager. The contractor should not discuss information regarding the cost of any proposed change orders with anyone but the Architect. During addition or renovation projects, it is frequently necessary to shutdown utilities or services for connections or change-over. This must be coordinated through the architect 72 hours prior to the shutdown to allow the school district to make alternative preparations. The safety of the students and staff is first priority of all concerned with the project. As construction of a particular area nears completion, other school personnel such as assistant principals and teachers get a more realistic ideal of what their space will be like. At this point many informal and unauthorized requests for minor changes may be generated directly from school personnel to the Contractor or subcontractor. Any such request should be referred to the principal. If they are approved by the principal they must then be referred to the [Project Name} Comal I.S.D. 6/29/99 Maintenance and Operations Department. This is the only system that effectively controls the number and costs of such requests. The Contractor is not authorized to make any changes unless directed by the Architect, or unless it is an emergency effecting the safety of students, school personnel, other persons or property. Project visitation or tours must be coordinated by the principal of his designee. Random tours by school personnel cannot be allowed due to safety precautions and insurance restrictions. Tours must be arranged in advance with the General Contractor and approved by the General contractor and all visitors must check-in at the field office. All visitors must abide by all safety and insurance regulations at all times. Tours should be restricted. CHAPTER 2: PROJECT RESTRICTIONS 2.1 Access to Site Routes for access to the site shall be restricted to those shown on the Contract Documents. If none are indicated, access routes shall be agreed upon during the Pre-Construction Conference. No change to this access route shall be allowed unless approved in writing by the Maintenance and Operations Department. Any damage to existing paving, curbs, walks, landscaping, etc. shall be repaired or replaced at no additional cost to CISD. The Contractor shall be required to maintain the access roads in a clean condition at all times and remove any temporary access provisions. In projects involving additions and renovations to existing facilities, access shall be limited to only (1) location as agreed upon by CISD, the school principal, the Architect, and the Contractor. The Contractor is required to enforce this access restriction with his subcontractors and materials suppliers. Should traffic during the school opening and closing present a problem, the Contractor will be required to schedule deliveries of equipment and materials at appropriate hours to avoid traffic congestion. 2.2 Office and Trailer Locations The location of the Contractor’s office and storage trailer shall be as indicated on the Contract Documents. If no location is indicated, they shall agreed upon at the Pre-Construction Conference. The location of the trailer and other temporary buildings such as tool sheds, toilets, etc. shall be coordinated with future work so as not to interfere with utility work, paving, etc. On projects involving additions and renovations to existing schools, the school principal shall be consulted in regard to the final location of the trailers to avoid interference with existing school operations. The Contractor shall not locate [Project Name} Comal I.S.D. 6/29/99 these trailers in any existing parking area unless specifically approved by the Maintenance and Operations Department. 2.3 Construction Parking The contractor shall allow parking by construction workmen only in those areas designated in the Contract Documents. If no areas are designated, the Maintenance and Operations Department, the Architect, the Contractor, and the School Principal shall review the needs of the existing school and assign a designated area for construction parking if space is available. If space is not available, the Contractor shall require his workmen to park off-site in other areas. The Contractor is required to enforce any parking restrictions agreed upon for the project. 2.4 Material Storage Areas The Contractor is required to restrict storage of materials such as structural steel, forms, piping, etc. to those areas designated on the Contract Documents. If no area is designated, it shall be agreed upon during the Pre-Construction Conference. In those projects involving additions or renovations to existing schools, the school principal shall participate in the site location for material storage areas. These areas shall be selected in view of maintaining existing school operations and safety for staff and students. 2.5 Temporary Fencing The Contractor shall provide a temporary construction fence if required by the Contract Documents. On projects involving additions and renovations to existing facilities, a temporary construction fence around the project area shall always be required. The location of this fence and the necessary gates shall be reviewed at the Pre- Construction Conference.The school principal shall be consulted with regard to any suggestions or comments regarding school operations and staff and student safety. [Project Name} Comal I.S.D. 6/29/99 2.6 Top Soil Stockpile Areas If the Contract Documents indicated that top soil is to be stripped, stockpiled and respread at the conclusion of the project, a specific area shall be agreed upon for the storage of this top soil during the construction phases of the project. The Contractor shall be required to utilize this assigned area. The top soil shall be graded and located so as not to interfere with existing drainage patterns. At the completion of the project, the Contractor shall be required to remove any unused top soil and restore the area to its original condition. 2.7 Soil Disposal Area Unless an area on the site is available for soil disposal, the selection of a soil disposal area is usually the responsibility of the Contractor. Should a soil disposal area be available on the site, any restrictions regarding the placement, compaction, grading, etc. shall be reviewed at the Pre-Construction Conference. 2.8 Restrooms The Contract Documents require the Contractor to provide adequate temporary sanitary facilities for the construction workmen. These should be located to avoid odors and visibility by the students, staff and visitors. Under no circumstances will any of the workmen be allowed to use restrooms within the existing school facilities. 2.9 Use of School Cafeteria On projects involving additions and renovations to existing facilities, the construction workmen will not be allowed to use the existing school cafeteria. 2.10 Traffic in Existing School [Project Name} Comal I.S.D. 6/29/99 The Contractor should be cautioned that unnecessary personnel traffic in an existing facility cannot be allowed. 2.11 Use of Existing Utilities On new school projects, the Contractor is required by the Contract Documents to provide temporary utilities for the construction of the project. On projects involving additions or renovations to existing facilities, the use of existing utilities shall be specified in the Contract Documents. Any questions regarding metering, payment, etc., shall be resolved at the Pre- Construction Conference. The Contractor shall enforce energy and utility conservation whenever he is connected to existing school utilities. If usage is determined to be excessive, the Contractor will be required to pay for utilities. 2.12 Security The Contractor is required to provide adequate security for the project, the staging area and surrounding areas including necessary fencing, signage, barricades, barriers, lighting and doors. The contractor is not precluded from providing full-time security services, however, the cost of such added security will not be an additional cost to CISD. In accordance with the Contract Documents, the Contractor is required to provide a secure storage area for Owner-Furnished, Contractor- Installed equipment. This area is required to be weatherproofed, waterproofed and secure from vandalism or theft. General Contractors will be responsible for any loss from this area. 2.13 Harassment Under no circumstances will CISD tolerate any form of verbal or non- verbal abuse, jeering, whistling, etc. directed toward school staff or students. The Contractor will be informed of any complaints and will be expected to permanently remove the problem [Project Name} Comal I.S.D. 6/29/99 employee from the job. 2.14 Dress Code Workmen are to be fully clothed at all times. Workmen wearing shorts or without shirts will not be allowed on a project. Clothing shall not the any indecent or suggestive logos or words and will not have tobacco or alcohol products advertised. 2.15 Smoking All tobacco products, including smokeless are prohibited on all school properties at all times and must be fully enforced by the Contractor. 2.16 Illegal Drugs and Alcohol No alcoholic beverages or illegal drugs shall be brought on CISD property at any time. Any workmen under the influence of either illegal drugs or alcohol or smelling of alcohol shall be permanently removed from the project. 2.17 Existing Conditions The Contractor shall video record (VHS) all existing conditions, prior to the ccommencement of construction. A copy of the record shall be made for the Owner. In the event of damages to the Owner’s property (sidewalks, curbs, paving, railings, building, roofs, doors, etc.), the video record shall be used to determine the conditions prior to the beginning of construction. If the area in question cannot be found on the video record, it will be assumed that the damages were caused by construction and shall be repaired/replaced to pre-construction condition. Repairs/replacement must be acceptable to the Owner. [Project Name} Comal I.S.D. 6/29/99 CHAPTER 3: PERMITS, LICENSES, CERTIFICATES, AND FEES 3.1 General Contractor Bonds As a part of the PROPOSAL procedure, the Contractor is required to furnish performance and payment bonds. 3.2 Insurance The contractor must provide CISD appropriate insurance certificates outlining coverage’s as required by the Supplemental Conditions to the General Conditions of the Contract. 3.3 Contractor Licenses The Contractor and all subcontractors involved in the project shall be required to obtain and pay for all necessary business and contractor licenses as required by any law or agencies having jurisdiction over the project. 3.4 Building Permits The Contractor is required to obtain and pay for all building permits and inspections required by any Agency having jurisdiction over the project. 3.5 Grading and Foundation Permits On projects that are developed on a fast-track basis, the Contractor is required to obtain and pay for the necessary grading and foundation permit. 3.6 State Highway Permits In certain instances, the connection of the school entry drive to a highway requires a State Highway Permit. The Contractor is required to obtain and pay for all permits required. 3.7 Miscellaneous Permits and Certificates Numerous other permits and Certificates are required throughout a typical [Project Name} Comal I.S.D. 6/29/99 construction project. These are discussed in the Contract Documents and other parts of the Pre-Construction Conference Manual. 3.8 Utility Fees The Contractor shall pay the necessary fees to connect to existing utilities at the property line or in adjacent streets and right of way. CHAPTER 4: SUBMITTALS 4.1 Shop Drawings The requirements for the submittal of shop drawings and material brochures are outlined in the project specifications. All subcontractor submittals shall be submitted to the Architect through the Contractor. The Contractor is responsible for review and coordination of these documents with other phases of the work. The Architect will not begin review of these shop drawings until the Contractor has reviewed and approved them. All copies of submittals shall be reviewed and approved by the Contractor prior to submitting to the Architect. Following review, the Architect will retain three (3) copies of the submittal. The Contractor shall also retain two (2) copies for all approved submittals for CISD user records. The complete set of all approved submittals (including an index) shall be transmitted through the Architect to CISD at the completion of the project. The Architect shall review and take the appropriate action on submittals within thirty (30) days after receipt of them. [Project Name} Comal I.S.D. 6/29/99 The Contractor and the Architect are required to maintain a log of submittals so that the status of all shop drawings, etc. can be monitored through the construction phase of the project. The log shall contain adequate information regarding the submittal, review dates, submittal descriptions, and action taken. A date when all shop drawings have to be submitted to the Architect will be established in the specifications or, if not so established, will be agreed upon during the Pre-Construction Conference. The assignment of this date will insure that subcontracts are assigned and equipment is ordered in a timely manner. Unless otherwise stated in the specifications it is contemplated that this date shall be within forty five calendar (45) days of award of contract. 4.2 Color Schedule Color and material selections must be approved by the Maintenance and Operations Department and may take four (4) weeks for approval. All items involving color or Material selections shall be assembled and submitted to the Architect at one time. It is not feasible to make individual selections. If the colors are specified, any substitute proposed by the Contractor must be submitted early for approval and must closely match the specified material. 4.3 Substitutions The process for substituting materials or manufacturers for those items specified is outlined in the project specifications. The Contractor shall review this information and submit any request accordingly. In substituting alternate materials, the General Contractor shall be responsible for all direct or indirect increased costs resulting from the accepted substitution. [Project Name} Comal I.S.D. 6/29/99 4.4 Brick and CMU Samples No later than thirty (30) days after award of the contract, the Contractor shall obtain samples of brick available in the project area and submit them to the Architect for his review. The Architect will select two or three of these samples and advise the Contractor to proceed with building sample panels, at least 4’ x 4’ of each of the brick samples selected. When the Architect and Contractor have determined that the sample panels are ready for the Owner’s review, the Architect shall notify the Owner. Allow the Owner two (2) weeks time to select the brick sample. After review of the brick samples by CISD, the Architect will be advised to inform the Contractor as to the selected brick manufacturer and color. The sample panel shall remain in good condition at the project site until substantial completion of the project. [Project Name} Comal I.S.D. 6/29/99 CHAPTER 5: PROJECT MEETINGS 5.1 Projects Meetings Regular project meetings shall be scheduled by the contractor on a bi- monthly or as needed basis depending upon the size and complexity of the project. The meeting should be on the same time of day and day of week. The exact day, time and location of project meetings shall be agreed upon during the Pre-Construction Conference. Representatives of these organizations should be in attendance at each meetings General Contractor Mechanical/Plumbing Contractor Electrical Contractor Masonry Contractor (as required) Site Contractor Architect/Engineer Owner In addition to the above meetings, special meetings with the architect and owner may be required from time to time. The Contractor is in charge of the project meetings and responsible for scheduling, preparing the necessary agenda and minutes, and ensuring that the necessary topics are discussed. 5.2 Meeting Agenda The Contractor is responsible for preparing a brief agenda for the meeting and distributing copies of the agenda to all attendees at least one (1) day prior to the meeting. Copies should be forwarded to the architect and owner for information. Topics for the agenda should include: [Project Name} Comal I.S.D. 6/29/99 Unfinished business from past project meetings Summary report on the status of the construction schedule Revised construction schedule Review of potential problems Review of information required by subcontractors Review of Request for Proposals and Architects Supplemental Instructions The project meeting should become a forum for the identification of potential problems and discussion of possible approaches to resolve those problems. Every effort must be made to identify potential problems in advance so all team members have adequate time to review available options. The project meeting should also be used as a forum to identify any discrepancies that may have become evident in the Contract Documents. Any need for clarification of the documents should also be identified during the meeting. 5.3 Meeting Minutes It is the Contractor’s responsibility to take notes during the meeting and prepare formal minutes to be distributed within two (2) days after the meeting to all parties concerned with the project. Any question or problem that is discovered and discussed during the project meeting should be assigned to a single individual to follow-up and insure that the problem is resolved. The person responsible for attending to each item should be so noted in the minutes. [Project Name} Comal I.S.D. 6/29/99 CHAPTER 6: CONSTRUCTION PHASING 6.1 New School Development During the development of new schools or replacement facilities, it is necessary that certain areas within the facility be completed in advance of the scheduled Substantial Completion date for the entire facility. This requirement is often necessary so CISD vendors and/or staff can install complex equipment and systems and the entire facility will be complete on the scheduled contract completion date. Access that normally requires early completion include the kitchen and telephone equipment room. Early completion of the administrative and special purpose classrooms is also normally required. The administrative area is needed so the school principal and staff can set up offices and begin the interview, employment and training of school personnel special purpose classrooms are needed so the school can begin receiving, inventorying and stocking the numerous supplies required for the operation of the school. Some projects require early completion of the cafeteria and certain classroom areas for meetings. 6.2 Temporary Partitions Frequently, on projects involving additions and renovations to existing facilities, temporary partitions are required to isolate the areas under construction from the operating portions of the school. These will be identified on the plans. Care must be taken in the construction of these temporary enclosures to ensure safety and a neat and clean visual appearance. Temporary partitions shall be constructed of studs and gypsum board or A/C grade plywood and painted to provide a neat and clean appearance to visitors and students. These partitions should be caulked or sealed to prevent dust on the construction side from passing through the school operation side. These temporary partitions must also be insulated as tightly as possible in an effort to contain the noise of the construction. In some cases, temporary entrances are required. These must be constructed in a location and manner so that a safe entry is provided for [Project Name} Comal I.S.D. 6/29/99 staff, students, or visitors. Temporary canopies should be provided if indicated on the Contract Documents. If the entry provided will serve as a temporary fire exit, all details of the temporary entrance must comply with applicable codes. Special attention should be given to the operation of doors, adequate steps or ramps, non-slip surfaces, and temporary signage. As required in any project, fire extinguishers should be located throughout the construction area. When working in an existing facility, special care should be taken to minimize the risk of fire. Whenever the existing fire protection system such as the fire alarm system or sprinkler system requires modifications, adequate provisions should be made in advance to ensure that the remaining part of the facility is adequately protected. In most renovation projects, it typically becomes necessary to connect to the existing HVAC system. The connections should be closely coordinated with the Architect and should be scheduled to provide the least possible disruption to staff and students. The Contractor should ensure that all material and equipment necessary for the connection is available before the existing system is shutdown. After-hours connections, if required, will be at no additional cost to the District. As the construction phasing and erection of temporary partitions continues, the Contractor should be fully aware of and comply with code requirements involving exiting from the existing operating facility. The location of temporary partitions and temporary exits should be reviewed with the Architect and a representative of the agency having jurisdiction over the project prior to construction. As mentioned earlier, it is important that the appearance of temporary construction and construction areas be kept as pleasing as possible. The school must continue to operate and the entire construction area should provide a neat and orderly appearance to visitors,staff and students. 6.3 Construction Phasing Typically, on addition or renovation projects, it is necessary to divide the construction into phases so the school can continue to operate in all possible areas. The general phasing of the project should have been defined in the Contract Documents. Detailed discussions regarding phasing, room relocation, utility changeover, utility shut-off, etc. should take place during the Pre-Construction Conference and be coordinated with the school principal. [Project Name} Comal I.S.D. 6/29/99 6.4 Existing Equipment Relocation & Protection In many instances, on additions, renovations or replacement facility projects, it is necessary to relocate existing equipment from the present facility. The Contractor is responsible for investigating the existing equipment, determining the procedure, means, and method of removal and determining the exact appropriate rough-ins so the equipment can be relocated with as little downtime as possible. The exact time schedule for relocating the equipment must be coordinated with the Architect. 6.5 Agency Inspection During a phased construction project, the City Agency having jurisdiction normally requires a final inspection prior to occupancy of completed areas. The Contractor must accurately schedule these inspections to allow prompt occupancy of the completed areas. He should work with the Architect in scheduling these inspections. Temporary Certificates of Occupancy may be required and is the responsibility of the Contractor to obtain before the area is turned over to the school. 6.6 School Occupancy Adequate time should be allowed in the construction schedule for the school to relocate staff, furnishings and equipment to the completed phases or areas of the project. It is best to turn over an area on a Friday afternoon for school staff final clean-up of the area. 6.7 Utility Shutdown/Change Over Throughout the various phases of an addition and renovation project, it frequently becomes necessary to shutdown existing utilities or services. This shutdown must be coordinated 72 hours in advance with the Architect to ensure safety of staff and students and continued operation of the school facility. Adequate advance notice must be given to the school so preparations can be made for the change-over. The Contractor should ensue that the necessary materials and equipment are available on-site before beginning the shutdown or change-over. Any after-hours connections, if required, will be at no additional cost to the District. The Contractor should be aware of school holiday schedules and attempt to schedule shutdowns/changes over these days when practical. CHAPTER 7 : INSPECTIONS/OBSERVATIONS 7.1 Architect/Engineer Responsibility [Project Name} Comal I.S.D. 6/29/99 All of CISD’s architectural contracts include construction administration services from the Architect and consulting engineers. It is a significant part of the Architect/Engineer’s responsibility to endeavor to ensure that the project is being constructed in accordance with the Contract Documents. Following each visit, the Architect and his Consulting Engineers are required to report in writing their observations to the Contractor and CISD’s Maintenance & Operations Department. The Architect’s report shall also note the number of the craftsman by trade on site at each visit. 7.2 Contractor’s Responsibility It is the responsibility of the General Contractor to oversee construction of the project, continually inspecting the work and materials provided by all of his tradesmen, subcontractors, and suppliers. Excellence in quality of construction can only be achieved if the Contractor enforces high standards of acceptability. The Contractor cannot delegate his responsibility to subcontractors, but must continually monitor the work of each trade on the project. 7.3 Agency Inspection and Phasing It is the Contractor’s responsibility to arrange and schedule the agency inspections necessary to obtain the Certificate of Occupancy. Prior to the date of the agency inspection, the General Contractor should inspect the project to insure that construction complies with the agency requirements. Scheduling final inspections with agency representatives when the project is not complete must be avoided. This only causes frustration and bad public relations with the agency inspectors. The Architect must be provided copies of final inspections as they areapproved/completed. On projects that involve multi-phased renovation and construction, the Contractor has to be especially aware of the agency inspector’s requirements regarding inspection scheduling so that the inspections can be scheduled in a manner that will not delay the construction program. The Contractor must understand the agency requirements and take all measures necessary to insure that these requirements are met. The Contractor must give sufficient notice to all parties so that inspections can be arranged in advance and the proper personnel be present. Notification to the Architects office is required so that they can attend if they desire. 7.4 Concealed Space Observation [Project Name} Comal I.S.D. 6/29/99 Prior to the installation of any wall or ceiling material, such as gypsum, plaster or acoustical board, the contractor shall notify the architect so that arrangements can be made for a review of the area about to be “sealed” off. The contractor shall give as much advance notice as possible, but no less than 72 hours. 7.5 CISD Video Recording & Photography The CISD will conduct video & photographic records of the progress of all construction projects. Video recording will occur on the exterior and interior as determined by the CISD representative and by the construction in progress. The Contractor is encouraged to undertake his own photographic record, particularly of conditions prior to beginning of work. 7.6 Substantial Completion Inspection Prior to requesting the substantial completion inspection by the Architect/Engineer, it is the Contractor’s responsibility to conduct his own inspection of the construction and provide the Architect with a list of deficiencies (punch list). He should identify areas of unacceptable quality and construction that may be incomplete to the various subcontractors associated with the project. He should then work with each subcontractor to insure that these areas are corrected and construction is completed prior to notifying the Architect/Engineer that the project is ready for a substantial completion inspection. The following people should be in attendance for the substantial completion inspection: * General Contractor * Mechanical Contractor * Electrical Contractor * Architect * Consulting Engineers * Owner including end user The review team should proceed in an organized manner throughout the building inspecting each space or room. Every effort should be made to identify items that [Project Name} Comal I.S.D. 6/29/99 require correction during the tour. The continuous addition of items to the final punch list at later dates is frustrating to the Owner, Architect, Contractor and Subcontractors and should be avoided when possible. The punch list generated by the substantial completion inspection tour is to be prepared by the Architect. Along with the punch list, the Architect shall prepare the “Certificate of Substantial Completion.” Immediately after receipt of the punch list, the Contractor and Subcontractors are expected to begin correction of the outstanding items. Continual procrastination with regard to the correction of deficiencies cannot be tolerated, and will be cause for withholding payment. It is essential that the deficiencies be corrected within fourteen (14) calendar days so CISD can occupy the inspected areas. It is the General Contractor’s responsibility to verify that each subcontractor corrects his deficiencies. After correction is complete, the Contractor should notify the Architect who will perform a follow-up review and sign off and date each item on the punch list to assure completion of each item on the punch list. 7.7 Future Maintenance Since CISD will own and operate the building in the future and be responsible for maintenance of the facility and any equipment which is not covered by warranty, it is essential that all contractors on the project keep this fact in mind as the installation of the piping, conduit, valves and equipment proceeds. Adequate service access must be provided to all items that require adjustment, removal, or future maintenance. Adequate clearance around equipment, valves, VAV boxes, controls,etc. must be taken into consideration as each item is installed. It is the Contractor’s responsibility to coordinate other trades that may be involved with installation of equipment in the same area as an item that has been previously installed. The restriction of adequate access to previously installed equipment cannot be allowed. Any equipment installed without the proper access or which restricts access to other [Project Name} Comal I.S.D. 6/29/99 equipment will be required to be removed or relocated and reinstalled to provide ample maintenance accessibility at not cost to CISD. 7.8 Systems Verification Near the completion of the project, CISD will conduct a systems verification for the purpose of confirming that the mechanical and electrical systems are operating adequately. System verification cannot begin until the test and balance program has been completed, and the appropriate personnel are scheduled to tour the project. In the interest of time, the verification can be scheduled as soon as the balance team’s field work is complete and the rough draft of the report is available. A copy of the draft must be forwarded to the Architect as soon as it is available. It is not necessary to wait on the final typed report. The systems verification also benefits the Contractor in that it identifies equipment that may need adjustment or modification and should allow the Contractor to complete this work prior to occupancy by school personnel. [Project Name} Comal I.S.D. 6/29/99 CHAPTER 8: SCHEDULE OF VALUES AND APPLICATIONS AND CERTIFICATE FOR PAYMENT 8.1 Schedule of Values The Schedule of Values, AIA Document G703 (see exhibit B), is a breakdown of the various costs included in the construction contract. The Contractor is required to submit this schedule to the Architect prior to the Contractor’s first Application and Certificate for Payment. Included in this submission must be a construction schedule for the entire project. Multiple site projects shall have a separate AIA Document G703 prepared for each site. 8.2 Application for Payment The Contractor’s monthly Application and Certificate for Payment shall be submitted on AIA Document G702 (see exhibit C). No other form shall be acceptable. The various categories for the cost included in the Application and Certificate for Payment shall parallel the Schedule of Values previously submitted to the Architect and approved by COMAL Independent School District. An updated copy of the Schedule of Values, AIA Document G703 must be re-submitted with each application for payment. The Contractor shall submit three (3) copies of his Application and Certificate for Payment,Schedule of Values and supporting documents to the Architects for review. The Contractor shall submit his application for payment to the Architect. The Architect is allowed five (5) calendar days for the review of the application for payment prior to submission to CISD. It is the Contractor’s responsibility to follow-up with the Architect to insure that the application for payment is reviewed and forwarded to the Owner in a timely manner. The application for payment is due to CISD, in two (2) copies. The Owner shall review and approve all applications for payment. All applications submitted to Accounts Payable on Fridays will be mailed the following Friday. CISD will allow payment for stored major items, such as kitchen equipment or chillers [Project Name} Comal I.S.D. 6/29/99 provided they can be designated for use on this project only and are in a bonded warehousein CISD’s name within Comal County. Materials stored off-site must be insured and tagged as belonging to CISD prior to payment being issued. These materials must be available for inspection by the Architect or CISD. These materials may be indicated on the Contractor’s Application and Certificate for Payment as stored materials and the value noted accordingly. A letter from the Contractor’s insurance agent must accompany the Contractor’s Application and Certificate for Payment. The letter shall be addressed to Mr. Roy Linnartz, and must include the following information: * The specific materials being stored (Vendor’s invoice is acceptable) * The exact value of the materials being stored (Vendor’s invoice is acceptable) * The address where the materials are stored * The acknowledgment that the materials are covered by the Contractor’s insurance, without any stipulations or disclaimers. 8.3 Final Application for Payment The final application for payment may not be submitted until the project has been approved by the Architect, CISD, governing agencies and an inspection of the completed project is made by the Board of Trustees. Additionally, the final application for payment will not be reviewed until all prerequisites for project close-out have been satisfactorily completed and delivered to Owner including record drawings, lien releases, maintenance manuals, warranties, equipment instructions, etc. [Project Name} Comal I.S.D. 6/29/99 CHAPTER 9: SCHEDULES 9.1 Construction Schedules The Project Specifications require the Contractor to provide a detailed construction schedule for the project. A Gantt (Bar) Chart schedule is required on all projects. The information provided on the Gantt Chart must be in a detailed format (see exhibit D). General designation of major tasks is not acceptable. Each task must be divided into defined units of work that can be measured against the schedule. The overall project must be separated into portions or phases that can be easily monitored, e.g. second floor - north wing, math classrooms. The Contractor is responsible for monitoring the construction schedule on a daily basis. In fulfilling this responsibility, he should continually communicate with the subcontractors so an accurate schedule can be maintained throughout the project. At the end of each month, the Contractor is required to revise and update the master construction schedule adjusting the tasks and dates as necessary to reflect the actual condition of the project. The Contractor is required to submit a revised copy of the construction schedule with his application for payment at the end of each month. These revised schedules are absolutely necessary so that CISD can monitor the progress of the project. The Contractor’s application for payment will not be reviewed and forwarded for approval until this revised schedule is received. 9.2 Construction Delays [Project Name} Comal I.S.D. 6/29/99 The Contractor must notify the Architect and CISD of any claim for extension of time in writing on or before the due date of the contractor’s application for payment concerning the period in which the delay began. In the case of a continuing cause ofdelay, only one (1) claim is necessary. Extensions of time will only be approved if the activity delayed is on the Gantt Chart as a critical task and/or the project completion is actually affected. Additional compensation for delays that are not the fault of CISD will not be approved. Construction falling behind the original Gantt Chart, adjusted for approved extensions of time, in the amount that in the Architect’s opinion may result in failure to meet the construction completion date, will result in withholding of payment until the Architect’s opinion construction has been accelerated sufficiently to meet the completion date. 9.3 School Staff Support During Workdays Any work involving existing buildings that are occupied requires that a district staff member be present during construction activities. Generally, the school custodial staff will open and close occupied facilities where construction is under progress. Facilities will be available during normal work days. Extra work days, such as weekends and holidays, will require special arrangements with the school staff. Two weeks notice is required in order to make adjustments in custodial hours to avoid overtime hours. Short notice requests which results in overtime costs will be paid by the contractor, if shift adjustments cannot be arranged. [Project Name} Comal I.S.D. 6/29/99 CHAPTER 10: CONSTRUCTION CHANGES 10.1 Control of Construction Changes The following procedures have been formulated to establish proper control of onstruction changes and related administrative actions for all CISD projects. Strict adherence to these procedures by all concerned is imperative to achieve efficient contract administration. The recording and documentation functions are considered the responsibility of the Architect. A “Request for Proposal” (RFP) number will be established by the Architect for each proposed construction change that is suggested. The numbers should be in sequential order and must be listed on the RFP. CISD will maintain a log of Proposal Requests indicating the status, at any time of a particular RFP. Only after a RFP has been approved by CISD can the change be included in a formal Change Order, AIA Documents G701 (see exhibit E). The Architect is responsible for assigning Change Order numbers, issuing Change Orders and keeping current logs of approved Change Orders (AIA Document G701). All Change Orders must include the RFP’s which were approved and supporting documentation. 10.2 Authority to Issue Changes When a change is proposed during construction, from whatever source, determination must be made as to necessity, conformance with established criteria, feasibility, economics and compatibility with planned and existing construction. Although the Architect is required to furnish comments and make recommendations, these determinations are joint responsibilities of the Architect and CISD representatives, and will be performed through the coordinated efforts of these people. The authority to order a change to a project under construction, however, rests solely with CISD. 10.3 Request for Proposal (RFP) Procedure Upon discovery of circumstances or conditions leading to the conclusion that a construction change should be made, the person requesting the change will complete a “Request for Proposal” Form (see exhibit E). Any request for changes from a subcontractor shall be transmitted to the [Project Name} Comal I.S.D. 6/29/99 General Contractor who shall review the request before transmitting to the Architect. The RFP will include information regarding the description of the proposed change, reasons for the change and an estimate of the increase of decrease in the cost and time required. All requests for changes will be documented to the Architect for his information or to have him prepare and submit the required drawings or documents. Requests for changes from school or district personnel must be carefully screened through CISD procedures and the “RFP” form will be forwarded to the Maintenance and Operations Department for processing. All change requests from school personnel must be reviewed by the principal prior to forwarding to the Maintenance and Operations Department. At no time does the principal or any other school personnel have the authority to order changes to the project. Any work completed by the Contractor or subcontractors which is not authorized by CISD as set forth herein will not be paid for by CISD and may be subject to being removed at the Contractor’s expense. Following a preliminary review by the Owner and Architect and determination that a Request for Proposal appears feasible, the Architect will prepare any necessary drawings, specification or descriptions that are required for the Contractor’s pricing. Unless the change requires major revisions, the Architect’s documents should be prepared within five (5) work days. Immediately following completion of the drawings or documents, the Architect shall forward the documents to the Contractor for review and pricing. Following receipt of the drawings or documents, the Contractor shall proceed immediately with pricing the Proposed Change Order. Typically, ten (10) work days will be allowed for pricing; however, additional time will be allowed on more extensive changes. It is imperative that the Contractor prepare estimates on RFP’s in a timely manner so they can be reviewed and approved and not delay construction. The Contractor shall submit his price proposal along with all required supporting information to the Architect. This submittal must include separate breakdowns for general contract and subcontract work. The breakdowns must show materials by quantities and unit prices, labor by crafts, hours and hourly rates shown separately. Equipment shall be shown by type, hours and rates. The general contractors overhead and profit shall be shown separately, and shall be considered only if the proposed change WILL NOT come from the contingency allowance. The Contractor’s Proposal Request quotation shall be expeditiously reviewed by the Architect. Conformance with the contract documents and the Proposed Change Order documents as well as material, labor and equipment quantities and cost and allowed mark-up percentages shall be verified. Requests for additional time shall also be evaluated. [Project Name} Comal I.S.D. 6/29/99 In cases of differences, discrepancies, errors, etc., the Architect shall immediately take action to obtain revisions or corrections to the quotation. When a price quotation is considered acceptable, the Architect shall forward his recommendations and all supporting information to include the “RFP” to CISD. The Architect is expected to review the Proposed Change Order quotation within five (5) work days of receipt of the information from the Contractor regarding the price. The Architect shall forward a comprehensive description of the problem areas and the efforts made to resolve the questions. CISD will notify the Architect whether the change will be implemented, after review and approval by the Board of Trustees, if required. 10.4 Change Order Procedure Following receipt of the approval Proposal Request from CISD, the Architect is authorized to prepare the necessary formal Change Order, AIA Document G701. Frequently, the Architect will wait until several RFP’s are approved before initiating a Change Order. The approved Change Order is the formal change to the contract and must be executed by the Contractor, the Architect, and CISD. Backup documentation which must be submitted with a Change Order, AIA Document G701 are copies of the Request for Proposal Change Order (s) listed on the AIA Document G701. CHAPTER 11: RECORD DOCUMENTS 11.1 Contractor’s Responsibility [Project Name} Comal I.S.D. 6/29/99 The project specifications require the contractor and subcontractors to maintain an accurate, current set of record documents as construction progresses. These record documents must be maintained on-site in the Contractor’s or subcontractors’ office area. Since CISD will own and operate the facility in the future, it is imperative that all parties maintain accurate information regarding the actual construction of the project, All deviations from the contract set of drawings must be noted in red for clear Identification. The Architect and Engineers will periodically review the record documents for accuracy and completeness. All pertinent information relating to the project must be maintained on the record documents. It is the Contractor’s responsibility to enforce the record document requirements with his subcontractors. 11.2 Final Close-Out of Project Within 30 days after Substantial Completion of the total project, the Contractor shall compile all the record documents and submit them to the Architect. It is the Architect’s responsibility to transfer the information to the original drawings and forward copies of the reproducible record documents to CISD. During construction, if it is found that the Contractor of subcontractors are not maintaining accurate record documents, the Contractor’s application for payment will not be approved until the documents are brought up-to-date.The Architect should use the form at exhibit G to insure all required documents are submitted. 11.3 Closing Documents In order to insure that the Contractor forwards to the Architect all required documentation necessary for close-out of a project, the Contractor will use the formats at exhibit H and I to assist him. The General Contractor will list each subcontractor alphabetically on exhibit H and will check to insure a “Release of Lien”, AIA Documents G706A is included for each subcontractor. Additionally, he will check that a “Payment ofDebts”, AIA Document G706 is also included for each subcontractor. Each subcontractor willfill out the form at exhibit I indicating any supplies used and their Release of Lien AIA Document G706A. Warranties should be included for any equipment [Project Name} Comal I.S.D. 6/29/99 furnished. All these items should be combined in the same tab for the subcontractor. [Project Name} Comal I.S.D. 6/29/99 CHAPTER 12: MAINTENANCE MANUALS 12.1 Contents of Maintenance Manuals The project specifications require that the Contractor and his subcontractors prepare maintenance and operating manuals for certain pieces of equipment and systems. The Maintenance Manuals shall contain information relative to the operation and maintenance of the equipment, wiring diagrams and replacement parts lists. 12.2 Arrangement of Information Maintenance Manuals shall be bound in sturdy three-ring binders with an index on the outside explaining the contents. Each separate piece of equipment shall be separated by tabs identifying that piece of equipment. Immediately behind each tab shall be a typed list of equipment including manufacture, model number, serial number, quantity and location (plan room number of each). Where shop drawings have been submitted and reviewed for that particular piece of equipment, a copy of the shop drawing shall be bound with the other information at that particular tab. 12.3 Distribution of Maintenance Manuals The Contractor shall prepare two (2) copies of maintenance information on the specified equipment. One (1) copy of this information shall be delivered to CISD within seven (7) days following completion of installation of that particular piece of equipment, if CISD is to operate that equipment prior to final completion of the project. This is required so that CISD Maintenance personnel can become familiar with the equipment and institute preventive maintenance programs for that equipment. The remaining copy of the maintenance manuals shall be delivered to the Architect within [Project Name} Comal I.S.D. 6/29/99 thirty (30) days following substantial completion of the project along with the other close-out documents. [Project Name} Comal I.S.D. 6/29/99 CHAPTER 13: PROJECT CLEAN-UP 13.1 Contractor’s Responsibility Continual clean-up of the project and the site is the responsibility of the Contractor. He must monitor and enforce clean-up responsibilities on the appropriate subcontractors. On addition or renovation projects, it is extremely important that the construction area be kept as clean as possible. It is important that the best appearance possible be presented to staff and the public as the project progresses. Safety of students and staff is the first priority. A complete site and building clean-up shall be accomplished each Friday leaving the site and building clean and orderly over the weekend. 13.2 Final Clean-Up The project specifications outline the Contractor’s clean-up responsibility. In general, he is required to: * Mop all tile floors (no waxing is required) * Vacuum and clean all carpet * Clean all windows and exterior finishes * Clean all light fixtures, plumbing fixtures and interior equipment * Remove all labels except fire labeled doors and equipment * Clean all interior finishes * Wash down and clean all paved and sidewalk areas * Clean all landscaped areas The contractor is NOT required to wax resilient tile floors. It is the Contractor’s responsibility to protect finish surfaces. Carpet that has been installed should be covered with a protective paper or plastic. The Contractor’s workers should not be allowed in areas where carpet has been installed except for specific easons. Other protection for finished walls and floors should be provided as required. On addition or renovation projects, the Contractor should caution all tradesmen not to enter into areas of school that are not required for the construction of the project. This will avoid damage to existing finishes and prevent the need for replacement of [Project Name} Comal I.S.D. 6/29/99 finishes not originally anticipated by the Contractor or subcontractors. Any damages to these areas will be the responsibility of the Contractor. [Project Name} Comal I.S.D. 6/29/99 CHAPTER 14: WARRANTY PROCEDURES 14.1 Expectations The construction project does not end when the Owner has accepted the building and moved in. Normally the most controversial and frustrating phase is the warranty period which begins when the Owner occupies the space for its intended use. This generally coincides with the issuance of the Certificate of Substantial Completion. The expectations of the Owner is for prompt corrective attention to any warranty item submitted. The expectations of the Contractor should be the same, but in some cases is not. In order for the warranty phase to work properly, team work must continue as it did during construction. 14.2 Initiation of Requests The school principal or his staff will normally initiate a request for corrective work at the school. This is accomplished by their submission of a Maintenance Request to CISD Maintenance Department. The CISD maintenance personal will review the request on site and determine if it is a maintenance item or a warranty item. If determined to be a warranty item, they will initiate a Warranty Item Letter and forward the transmittal to the Facilities Project Coordinator. The Facilities Project Coordinator will address the Warranty Item Letter through the Architect to the Contractor for action and will retain a copy in a suspense file. 14.3 Response to Request The Architect upon receipt of a Warranty Item Letter should line through his name, and date it before forwarding to the Contractor. The Architect will retain a copy in a suspense file. Upon receipt of the Warranty Item Letter, the Contractor should either initiate the repair with his work force or forward a copy to the subcontractor for action. If the Contractor forwards the action to the subcontractor, he will retain a copy in a suspense file. Prior to commencing any repairs the Contractor or subcontractor must contact the person who submitted the form prior to visiting the school. 14.4 Repairs and Acknowledgment of Repairs [Project Name} Comal I.S.D. 6/29/99 Coordination should be made with CISD maintenance personnel prior to commencing repairs in case they wish to be present during repairs. In any event, CISD maintenance personnel must be present to acknowledge completion of the repair and must sign off on a copy and date it. A copy must be sent back through the Contractor/Architect and then to the Facilities Project Coordinator. The return of the signed copy constitutes completion of the request and all file copies can be so annotated. 14.5 Follow-up Letters The Maintenance and Operations Department will maintain a log of all Warranty Items mailed through the Architect to the Contractor. After 30 days from initiation of the request, if the copy has not been returned, follow-up letters will be sent to the Architect for their action. Warranty Items which take longer than 60 days to complete will be considered severely deficient and meetings may be required to ascertain the failure of the Contractor to respond. It is expected that Architects will establish their own logs and follow-up procedures to avoid meetings of this nature. [Project Name} Comal I.S.D. 6/29/99 Section 6.2 – Evaluating General Contractor Proposals 6.2.1 Once proposals have been received the following process should be followed to evaluate contractor proposals. 6.2.2 After the sealed proposal terms have been read aloud, the Owner’s staff and the Architect will rank the proposals according to the following grading criteria: 1. Construction Cost (70 points – lowest cost = highest score) Divide the total number of points by the number of proposers and award points from 70 to the lowest cost to 0 for the highest cost. 2. Proposed schedule (10 points – shortest time = highest score) Divide the total number of points by the number of proposers and award points from 10 to the shortest time to 0 for the longest time. 3. Favorable Experience with Comal ISD (5 points – most projects = highest score) Divide the total number of points by the number of proposers and award points from 5 to the most experienced to 0 for the least or no experience. 4. Favorable Experience with other school district’s (5 points – most projects = highest score) Divide the total number of points by the number of proposers and award points from 5 to the most experienced to 0 for the least or no experience. 5. Favorable References from other Owners and Architects (5 points – longest = highest score) Divide the total number of points by the number of proposers and award points from 5 to the longest time in business to 0 for the shortest time in business. 6. Other Factors (5 points) (a) the reputation of the contractor and of the contractor’s services; 1 point (b) the quality of the contractor’s services; 1 point (c) experience with similar size projects; 1 point (d) Number of years in business under current name; 1 point (e) Bonding capacity and financial strength; 1 point 6.2.3 Deduct up to eight points for problems discovered for the following: (i) the proposer’s reliability, capacity, ability, character, experience, reputation, integrity, skill, efficiency, energy, stability and judgment; (ii) the satisfactoriness of Owner’s previous dealings with the proposer including timely completion of work, compliance with laws, and warranty service; (iii) the proposer’s personnel and facilities for carrying out the Work; (iv) the proposers financial strength; (v) the proposer’s safety record; (vi) the length of construction time proposal, if applicable; [Project Name} Comal I.S.D. 6/29/99 (vii) the probability of satisfactory future maintenance, repair, and service to be performed by the proposer; (viii) the number and scope of conditions, exceptions and exclusions included in the proposal. Present the total point to the Director of Maintenance and Operations and prepare a letter of recommendation for award to the Board of Trustees.
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