Special Construction Contract Provisions (September, 1997) - SP-2

The following Special Provisions modify, amplify, or amend the General Provisions with respect to the clauses cited below and no other clauses or requirements of these items are waived or changed hereby. The Special Provisions shall take precedence over the General Provisions.

SP-1. Modify Section 10 - Definition of Terms
SP-2. Modify Section 20 - Proposal Requirements and Conditions
SP-3. Modify Section 30 - Award and Execution of Contract
SP-4. Modify Section 40 - Scope of Work
SP-5. Modify Section 50 - Control of Work
SP-6. Add to Section 60 - Control of Materials
SP-7 Modify Section 70 - Legal Regulations and Responsibility to Public
SP-8. Modify Section 80 - Prosecution and Progress
SP-9. Modify Section 90 - Measurement and Payment
SP-10. Certification of NPDES Permit

SP-2. Modify Section 20 - PROPOSAL REQUIREMENTS AND CONDITIONS as follows:

In Paragraph 20-02 PREQUALIFICATION OF BIDDERS, State Highway Division shall mean Texas Department of Transportation.

In Paragraph 20-02 PREQUALIFICATION OF BIDDERS, add the following paragraph:

Each bidder shall submit written evidence from the State Comptroller's Office that all applicable franchise taxes owed the State of Texas have been paid.

In Paragraph 20-02 PREQUALIFICATION OF BIDDERS, delete the following paragraph:

Each bidder shall submit "evidence of competency" and "evidence of financial responsibility" to the owner no later than 10 days prior to the specified date for opening bids.

In Paragraph 20-02 PREQUALIFICATION OF BIDDERS, add the following paragraph:

Each bidder shall submit "evidence of competency", "evidence of financial responsibility", and "evidence of franchise tax payment" to the Agent at the date, time, and location specified for opening bids. These items of evidence shall be submitted in an envelope identifying the bidder and marked "Bidder Qualification Statement". Qualifications will be submitted separately from the sealed proposal. The Owner reserves the right to refuse any proposal not accompanied by the "Bidder Qualification Statement".

In Paragraph 20-02 PREQUALIFICATIONS OF BIDDERS, add the following paragraphs:

As the 73rd Legislature amended Section 2.01, Subchapter B, Chapter 14, Family Code as follows:

Section. 14.52. INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS OR BID ON STATE CONTRACTS. (a) A child support obligor who is 30 or more days delinquent in paying child support is not eligible to:

1. submit a bid or enter into a contract to provide property, materials, or services under a contract with the state; or
2. receive a state-funded grant or loan.

The statute requires each proposer for a state contract or applicant for a st ate-funded loan or grant to submit a signed, sworn statement accompanying the proposal or offer or application affirming that the proposer or applicant is not 30 or more days delinquent in providing child support under a court order or a written repayment agreement.

Completion of the form titled: CHILD SUPPORT STATEMENT FOR NEGOTIATED CONTRACTS AND GRANTS is necessary before a bidder's proposal shall be considered.