18-07 OwnersSpecialConditions with Attachments.pdf

rep res en tat ive

- f or ref ere nc e

09/01/07 Issuance Page 1 of 29 11/01/23 Revision

Owner’s Special Conditions 102-1611 DMC Enabling Central Utility Plant and Infrastructure

OWNER’S SPECIAL CONDITIONS

CAPITAL PROJECTS AT THE UNIVERSITY OF TEXAS AT AUSTIN

PART 1 - GENERAL

1.1. PURPOSE

1.1.1. These Special Conditions are in addition to the requirements of the Uniform General Conditions for University of Texas System Building Construction Contracts (UGC), and are a part of the Contract Documents.

1.1.2. Terms and conditions set forth in this document are for the Contractor only, and are valid regardless of the project delivery method. For Construction Manager at Risk or Design-Build, the final version of the document shall be confirmed by the ODR, and included by the Construction Manager or Design-Build Contractor in the Guaranteed Maximum Price Proposal.

1.1.3. Definitions not included in the Uniform General Conditions, Article 1 are further defined below.

1.1.3.1. The University of Texas at Austin Planning, Design and Construction (PDC)

1.1.3.2. ODR (Owner’s Designated Representative)

1.2. SEPARATE CONTRACT

1.2.1. As provided in the UGC, the ODR may award other contracts for other portions of the Project. Additional separate contracts may include, but are not limited to, commissioning, geotechnical, surveying services, furnishings procurement, furnishings installation, equipment installation, fire alarm certification, HVAC test and balance services, construction materials testing, Landmarks (The University of Texas at Austin’s Public Art Program) design & installation and construction.

1.3. PREVAILING WAGE RATE DETERMINATION

1.3.1. In accordance with the UGC, the attached schedule identifies the Prevailing Wage Rate determination for Travis County. Refer to “Attachment A.”

1.3.2. The ODR may verify wage rate compliance in the field by interviewing workers. The Contractor shall assist the ODR with this task, including providing translation for non-English speaking workers.

1.4. RELATED DOCUMENTS

In addition to specific references indicated herein, the Contractor's attention is specifically directed, but not limited to the following Sections and Documents, which include additional administrative requirements.

1.4.1. Provisions established within the Uniform General Conditions for University of Texas System Building Construction Contracts (UGC), all Sections of Division 1 - General Requirements, other applicable Sections of all Divisions of Specifications, and the Drawings are collectively applicable to this Section. In the event of conflict between specific requirements of the various documents, the more restrictive, the more extensive (i.e. more expensive) requirement shall govern.

1.4.1.1. Effective February 1, 2008, all references within the UGC to the Texas Workers Compensation Commission shall be revised to mean the Texas Department of Insurance, including all subsequent acronyms.

1.4.2. “Attachment A” (To Special Conditions): Prevailing Wage Rate Determination.

1.4.3. “Attachment B” (To Special Conditions): Project Sign.

en tat ive

- f or ref ere nc e

09/01/07 Issuance Page 2 of 29 11/01/23 Revision

Owner’s Special Conditions 102-1611 DMC Enabling Central Utility Plant and Infrastructure

1.4.4. “Attachment C” (To Special Conditions): Weather Days.

PART 2 – PRODUCTS

2.1. OWNER’S SPECIAL CASH ALLOWANCES

2.1.1. A total Owner’s Special Cash Allowance of $0.00 shall be included in the Contractor's base proposal amount, to cover expenses identified below. The Contractor shall confirm the costs and inform the ODR at least 30 calendar days prior to purchase or payment. The Contractor shall be reimbursed through a reduction in the scheduled Owner’s Special Cash Allowance amount below in accordance with the UGC.

2.1.1.1. The ODR is exempt from paying for permits and fees to local government entities related to work on the Owner's property. There shall be no building permit required, no platting fees, and no local government inspection fees for permanent work on the Owner's property. The ODR is not exempt from permits and fee requirements for work in public rights-of-way or outside the boundaries of the Owner's property.

2.1.1.2. For permanent improvements or utility service when permits, governmental or utility company inspections or related fees are required, it is anticipated that such a fee shall be necessary for TXDOT / City of Austin right of way work / improvements, water shed protection, flood plain corrections and amendments, FEMA map corrections, street closures, site development, driveway aprons / curb cuts, primary electrical power, telecommunications, natural gas line extensions, fire hydrants, waste water / sewer connections, septic system and potable water supply. The contractor is not authorized to negotiate with governmental entities, utility providers, ROW work / improvements, air rights or easements on behalf of the Owner unless directed otherwise by the Owner.

2.2. NOT USED

2.3. ANIMALS AND LIVESTOCK

2.3.1. Animals including, but not limited to, personal pets and livestock, are prohibited from the Project site, except assistance animals as defined by the Americans with Disabilities Act 28 CFR § 36.104 and Texas Human Resources Code, Title 8, Chapter 121.

2.3.2. Modifications and adjustments to the work environment will be considered by the ODR for contracted work force that require or utilize animal assistance to address limitations associated with a recognized disability. The Contractor shall submit the written request to the ODR and shall demonstrate appropriate monitoring measures for control in the Project Safety Plan.

2.4. TEMPORARY FIELD OFFICE STRUCTURES, FURNISHINGS, AND EQUIPMENT

2.4.1. Unless otherwise agreed to by the ODR, temporary field office(s) shall be provided and maintained for the duration of the construction phase (from Notice to Proceed until at least Substantial Completion) and removed only after concurrence from the ODR.

2.4.2. Temporary field office(s) shall have adequate and safe entry, including steps with railings and landings or stoops as appropriate, and shall provide hard, non-slip surface walkways to connect the field office structures to one another and to site entry or exit.

2.4.3. The Contractor shall provide field office(s) and storage sheds/trailers/accommodations as necessary for the major subcontractors to adequately perform their respective work.

2.4.3.1. All storage sheds/trailers shall be secure and weather tight for the storage of tools and all materials, en tat ive

- f or ref ere nc e

09/01/07 Issuance Page 3 of 29 11/01/23 Revision

Owner’s Special Conditions 102-1611 DMC Enabling Central Utility Plant and Infrastructure which may be damaged by the weather. All storage sheds floors shall be raised at least 6 inches above grade.

2.4.4. Contractor’s Temporary Field Office:

2.4.4.1. The Contractor shall coordinate and direct the work of the Project from the Project site.

2.4.4.2. The Contractor shall provide and maintain at least one temporary field office that is adequately staffed, furnished, and equipped.

2.4.4.3. Conference areas shall include at least one primary area suitable for up to 15 persons to participate in Project progress and coordination meetings. The walls of this conference area are to serve as display surfaces for maintaining current project photos, color boards, prints of project schedules, work placement plans, etc.

2.5. PROJECT FENCING

2.5.1. The Contractor and Subcontractors shall confine their activities to the Project Site and in no way obstruct any other part of the campus or utilize any campus facilities for any purpose.

2.5.1.1. Upon mobilization, the Contractor shall build a substantial screened galvanized steel wire mesh fence at least 6 feet high with top rails as shown on the Site Plan, completely surrounding the site.

Wire mesh shall be tightly stretched over the supports and attached at the top rail. Posts shall be placed not more than 8 feet apart and securely set in the ground to a min. depth of 18”-24” when located in unpaved areas. For fencing located in paved areas (including sidewalks), the contractor shall provide water filled barriers with steel wire mesh above set in a manner as to not damage the existing surface and not pose a trip hazard.

2.5.1.2. The Project site fencing shall include Emergency Service and trucking gates in locations shown on the Site Plan. The gates shall be hung with heavy strap hinges and hasps for locking. Fences and gates shall be properly maintained until Substantial Completion, and only removed with concurrence from the ODR.

2.5.1.3. The Contractor shall submit a fence plan to be approved by the ODR prior to installation. The fenced area shall not exceed the limits of the project and shall be as small as possible while still allowing for sufficient movement around the project site.

2.5.1.4. The ODR may require modifications to the fence locations dependent on project circumstances and changing site conditions throughout the life of the project.

2.5.1.5. At any such time that existing lighting around the Project site fence is removed from the Project site area or existing site lighting is obscured in part or in whole, the Contractor shall provide adequate temporary lighting at a minimum of 2 foot candles per Campus walkway/sidewalk standards, measured at walking surface. In the absence of existing lighting, the Contractor shall provide temporary lighting to the same level of lighting in all pedestrian areas around the Project site fencing area. In addition, the Contractor shall also provide or reestablish the same standard of lighting in any area where existing lighting outside the Project site fenced area has been turned off or dismantled by the Contractor. The Contractor shall consistently monitor the temporary lighting provided and make necessary adjustments such that the minimum requirements herein are maintained throughout the construction phase until permanent lighting is in operation

2.6. PROJECT SIGNAGE

2.6.1. The Contractor shall construct and erect one Project sign on the Project site in a location designated by the ODR. The sign shall be constructed as instructed by the ODR. Refer to Attachment “B.”

en tat ive

- f or ref ere nc e

09/01/07 Issuance Page 4 of 29 11/01/23 Revision

Owner’s Special Conditions 102-1611 DMC Enabling Central Utility Plant and Infrastructure

2.6.2. The Contractor shall submit a ¼” = 1’-0” scale shop drawing of the sign, including all lettering, to the ODR for approval prior to installation. The sign shall remain the property of the ODR. Upon project completion, the Contractor shall remove the sign and deliver it to a location designated by the ODR.

2.6.3. Additional Contractor or Subcontractor signs or advertisements shall not be permitted without the ODR’s written approval. Corporate logos and artwork are prohibited

2.6.4. The contractor shall design, install and maintain throughout construction pedestrian way finding and vehicular signage at the construction site perimeter and other keys areas as deemed appropriate by the owner to assist in safe navigation to adjacent destinations that may be impeded / impacted permanently or temporarily by the project’s construction.

2.7. TEMPORARY PROJECT WATER

2.7.1. The Contractor shall provide temporary lines for all water required during the Project and shall make arrangements with the Owner's Utility Department for water service. This shall include all means of conveying and the necessary metering devices. In lieu of temporary connections, the Contractor may make permanent connections and such may serve for the construction period.

2.7.2. In the event water is not available at the Project site from the Owner's existing distribution system, the Contractor shall negotiate with the local distributor for water and pay all fees and rates required by the local Water Department.

2.7.3. The Contractor shall pay all costs related to providing and installing temporary construction water, except water utility charges (if Owner-provided).

2.8. TEMPORARY PROJECT POWER AND LIGHTING

2.8.1. The Contractor shall make arrangements with the local Utility Company for temporary construction power. If power is available only through the Owner's system, the Contractor shall provide metering equipment and extend temporary power to the site, even if the monthly consumption is paid by the ODR. The Contractor may energize the permanent power system in the building only with prior written approval from the ODR. The Contractor shall provide adequate ground fault interruption (GFI) protection and a main disconnect panel at the point of connection to the Owner’s system.

2.8.2. The Contractor shall provide adequate lighting about the site for security, inspections of excavations, and if night shift work occurs. The Contractor shall also provide adequate temporary interior lighting throughout the building enclosure to facilitate quality workmanship and appropriate inspection conditions.

2.8.3. The Contractor shall provide adequate pedestrian safety lighting in areas where existing lighting has been impacted or removed by construction activities or is adjacent to an emergency egress from an adjacent building, property or the project location.

2.8.4. The Contractor shall pay all costs related to providing and installing temporary construction power and lighting, except electric utility charges (if Owner-provided).

2.9. TEMPORARY PROJECT MECHANICAL SERVICES

2.9.1. If temporary heat is required for the installation or protection of the work, the Contractor shall provide heating and proper ventilation in such a manner that no work shall be damaged.

2.9.2. After the mechanical equipment has been connected to the local chilled water and steam distribution systems, the equipment may be operated by the Contractor to heat and cool the building if automatic controls have been activated to limit thermal usage as deemed acceptable to the ODR.

en tat ive

- f or ref ere nc e

09/01/07 Issuance Page 5 of 29 11/01/23 Revision

Owner’s Special Conditions 102-1611 DMC Enabling Central Utility Plant and Infrastructure

2.9.3. During operation of the mechanical equipment, prior to achieving Substantial Completion, the Contractor shall keep the mechanical equipment in good operating condition, properly maintained, including cleaning and changing of all filters. New, non-construction filters shall be installed prior to the ODR’s acceptance of the mechanical equipment. The warranty period for the equipment shall start on the Substantial Completion date.

2.9.4. The Contractor shall pay for all costs related to temporary project mechanical services.

2.10. TEMPORARY PROJECT PARKING

2.10.1. If space is available within the Contractor’s site mobilization area, Contractor parking may be provided at the Contractor’s discretion, however, at least two (2) marked dedicated parking spaces shall be provided for the ODRs at the Project site.

2.10.2. The Owner will not provide Project parking.

PART 3 – EXECUTION

3.1. PROJECT PARTNERING

3.1.1. The Owner desires to create a cohesive team for this project, to include all primary parties. The Contractor and its primary Subcontractors shall join the ODR and the rest of the Project Team in project "Partnering" as a means of achieving success. The Partnering process is voluntary and the ODR and Contractor shall equally share all costs with no impact to the Construction Contract price. The results of the workshop are not legally binding, but do represent a commitment by the parties to work together cooperatively toward common goals.

3.2. CONTRACTOR SITE ACCESS AND LIMITS OF CONSTRUCTION

3.2.1. Prior to any site activity on CSP projects, during Design Development phase on CM/DB projects, and prior to execution of the first GMP, the Contractor shall submit a draft Site Utilization Plan (1” = 30’-0” scale, or larger) showing proposed location of temporary fencing, lay down area, temporary trailers, stabilized construction entrance(s), cranes, signage, parking, temporary utilities, field offices, size and arrangement of spaces, site control points, and utility tie-in locations, dumpster, sidewalk and/or parking space closures, truck routes in/out of site, wayfinding signage (as designed and produced by the contractor) for ODR review and approval. The Plan must clearly show location and dimension of gates indicating proposed entry circulation and egress sufficient for fire and other emergency vehicles. Give adequate consideration for safe and accessible pathway at perimeter of fencing, and provide signage indicating “Detour,” “Dead End,” or other messages as appropriate.

On CMR/DB projects, the approved Site Utilization Plan will be included in the documents that are the basis for the GMP.

3.2.1.1. Covered Walkway: Where required for protection of persons passing through construction area, erect a structurally adequate, protective covered walkway. Coordinate walkway with entrances, other facilities, and obstructions. If located in City of Austin right –of-way comply with regulations of authorities having jurisdiction. Provide handrails, barricades, warning signs, lights, safe and well-drained walkways, and similar provisions for protection and safe passage. Paint and maintain in a manner acceptable to the ODR.

3.2.1.2. Campus Access Protection around Construction Areas: Provide access protection around the construction area consisting of temporary enclosures, walkways, and when required, roofs. Comply with American with Disabilities Act and Texas Accessibility Standards 2012 for accessibility by individuals with disabilities. Construct walkways a minimum of 8 feet wide, unless accepted otherwise by ODR, and with a hard walking surface, smooth enough for the easy passage. Construct en tat ive

- f or ref ere nc e

09/01/07 Issuance Page 6 of 29 11/01/23 Revision

Owner’s Special Conditions 102-1611 DMC Enabling Central Utility Plant and Infrastructure these barriers of 2 inch by 4 inch wood or metal stud, adequately braced, and covered with 1/2 inch plywood on the exterior side. When work is overhead, provide adequately braced roofs of 2 inch by 4 inch wood or metal studs with 1/2 inch plywood on the exterior side for patron protection. Relocate or rebuild temporary facilities throughout the construction period to provide safe passage of students, faculty, staff and visitors.

3.2.2. All project personnel shall confine and limit their work and use of the Project site to those areas within the defined limits of construction. All public and university rules, laws, and requirements shall be obeyed and enforced by the Contractor. No tools, construction vehicles, or construction material shall be permitted beyond the Project site limits of construction.

3.2.3. All campus roads, drives, and fire lanes as well as all sidewalks and pedestrian routes, other than those specifically indicated to be in the Contractor's area of control, must be kept open at all times. The Contractor shall make advance preparations for, and obtain security clearance for, all significant material deliveries and truck traffic, cranes, concrete trucks, etc., through the campus to the project site.

3.2.4. The contractor shall not allow any construction dirt or debris to track/ extend beyond the limits of construction with specific attention to roads, drives, sidewalks, other paved surfaces or the public way.

The contractor shall maintain at all times clean construction site entries / exits. The contractor will immediately clean any surfaces beyond the limits of construction which have experienced tracking of dirt or debris by the contractor’s work forces.

3.3. ON-GOING CAMPUS OPERATIONS

3.3.1. The Project is surrounded by and/or adjacent to continuously functioning campus facilities, including academic and research efforts. The Contractor shall make every effort to avoid disruptions to ongoing campus activities and to maintain a safe environment for students, faculty, and staff in the areas adjacent to the project.

3.3.1.1. “Work Day” as defined in the Owner’s Project Planning & Scheduling specification is further defined as Monday through Friday between the hours of 7:00 a.m. and 4:00 PM except for the following recognized holidays:

Recognized Holidays:

Labor Day – First Monday in September Thanksgiving Day – Fourth Thursday in November Day after Thanksgiving – Fourth Friday in November Christmas Eve – December 24th Christmas Day – December 25th New Year's Eve Day – December 31st New Year's Day – January 1st Martin Luther King, Jr. Day – Third Monday in January Memorial Day – Last Monday in May Independence Day – July 4th

3.3.1.1.1. If deliveries will be made during a Work Day, the Contractor shall schedule their arrival and departure for the following times:

Fall/Spring Semesters:

Monday, Wednesday, and Friday on the half hour (8:30, 9:30, etc.)

Tuesdays and Thursdays at 8:45, 10:15, 1:15, 2:45 and 4:15

SUMMER Semester:

Monday through Friday at 9:15, 10:45, 1:45, 3:15 and 4:45 en tat ive

- f or ref ere nc e

09/01/07 Issuance Page 7 of 29 11/01/23 Revision

Owner’s Special Conditions 102-1611 DMC Enabling Central Utility Plant and Infrastructure

3.3.1.2. “Limited Work Days” are days in which work is planned but subject to one or more constraints and limitations. The Contractor shall confirm the actual dates with UT Austin’s online calendar and consider and plan for them in the Project Schedule:

For the purposes of this project Limited Work Days includes the following days and special events.

Weekends and Recognized Holidays:

Campus held Sporting Events (Football, Basketball, Volleyball, etc.)

Gone to Texas Party on the Plaza Songs of the Season UT Remembers Texas Union Open House Explore UT University Residence Halls Open University Residence Halls Close First day of Class Last Day of Class No Class Days Final exams Commencement Presidents' Day – (Third Monday in February) Spring Break Week – (typically the third week of March) Veteran’s Day – November 11 Winter Holiday – (typically December 24th through New Year’s Day)

3.3.1.2.1. Limited delivery and site access – Deliveries to and from the Project Site shall not be made on these Limited Work Days without advanced written ODR approval.

3.3.1.2.2. Limited ODR availability and support - Utility tie-ins, or high risk utility work shall not be performed on these Limited Work days without advanced written ODR approval

3.3.1.3. Construction Noise Limitations On-Site – During the entire construction duration the Contractor shall not operate equipment or perform construction activities that produce noise in excess of 85 decibels (as measured at the perimeter construction fence) without advanced written ODR approval. Noise is presumed to be unreasonable if it exceeds a decibel level of 85 after the person making the noise receives notice from the ODR that the noise is a public nuisance (see Texas PENAL CODE TITLE

9. CHAPTER 42. 42.01.

3.3.1.4. Construction Noise Limitations Off-Site – The Contractor may not operate equipment or perform construction activities that produce prolonged noise in excess of 85 decibels (for more than 30 minutes) during the hours of 8 AM – 10 PM as measured at any receiving building’s exterior envelope without written ODR approval.

3.3.1.4.1. Courtesy and Quiet Hour Days are Limited Work Days in which work is planned but subject to a 24 hour period of limited construction noise campus wide. The Contractor shall confirm the actual dates with UT Austin’s online calendar and consider and plan for them in the Project Schedule:

Spring-Summer Term 2026:

en tat ive

- f or ref ere nc e

09/01/07 Issuance Page 8 of 29 11/01/23 Revision

Owner’s Special Conditions 102-1611 DMC Enabling Central Utility Plant and Infrastructure

April 28 & 29 - Study days April 30, May 1 - 2 & 4 - Final exams July 10 – 11 - Final exams for First Term July 29 – 30 - Final exams for Nine-week Term August 15 & 17 - Final exams for Second Term and Summer Term August 17 - Official graduation date (no public exercises)

Fall Term 2026:

December 8 – 9 - Study days December 10 - 12 & 14 - Final exams

Spring-Summer Term 2027:

April 27 & 28 - Study days April 29 - 30 & May 1 & 3 - Final exams July 9 – 10 - Final exams for First Term July 28 – 29 - Final exams for Nine-week Term August 14 & 16 - Final exams for Second Term and Summer Term

Fall Term 2027:

December 7-8 - Study days December 9 - 11 & 13 - Final exams

3.3.1.4.1.1. All days one week before start of final exams through the end of final exams

3.3.1.4.1.2. Commencement days

3.3.1.4.1.3. Courtesy and Quiet Hours at University Residence Halls: Construction noise shall not be perceptible from inside any of the Residence Hall’s living areas. The Contractor shall not operate equipment or perform construction activities that produce audible noise as measured at the Residence Hall’s exterior envelope without written ODR approval.

3.3.1.5. Other Limitations on Construction Activities at Residence Halls, Academic and Library Buildings: 10 PM – 9 AM. The Contractor shall not perform the following activities within 600 feet of a Residence Hall, Library or Academic Building during the hours of 10 PM – 9 AM without written ODR approval:

3.3.1.5.1.1. Operate a machine that separates, gathers, grades, loads, or unloads sand, rock, or gravel

3.3.1.5.1.2. Operate a machine that causes perceptible vibration 30 feet from the machine

3.3.2. Campus utilities must not be interrupted except when scheduled and approved in advance by the ODR with appropriate UT Austin technical staff.

3.3.3. Any necessary disruption of campus utilities must be scheduled at least five work days in advance through established procedures with campus technical staff. The Contractor shall not activate or de-activate any campus system, or component of any such system, without written direction from the ODR.

3.3.4. Equipment locations and timing or sequence of work operations shall be coordinated so as to not conflict with the Owner's continuing use of adjacent buildings and/or create any interference with scheduled meetings or events.

en tat ive

- f or ref ere nc e

09/01/07 Issuance Page 9 of 29 11/01/23 Revision

Owner’s Special Conditions 102-1611 DMC Enabling Central Utility Plant and Infrastructure

3.3.5. Inspections and observations involving the Owner’s representatives, consultants and service providers will be scheduled 5 working days in advance by the contractor to occur Monday through Friday from 7 a.m. to 4 p.m.

3.3.5.1. Inspections and observations involving participation by the Austin campus representatives will be scheduled 5 working days in advance by the Contractor to occur Tuesday through Thursday from 7 a.m. to 4 p.m. The project’s construction schedule must and will accommodate these requirements at all times.

3.3.5.2. When construction work is determined or mandated by the Owner or the Austin Campus to occur after hours or on weekends to prevent disruption to campus operations, building operations and utilities inspections and observations will be coordinated 3 calendar weeks in advance on a case by case basis.

3.3.6. The use of the campus’ sanitary facilities by the Contractor, or any of the construction workers, is prohibited.

3.3.7. Preventable False Fire Alarms that occur during the execution of the work may be subject at the discretion of the ODR to a service charge of $1,500 per occurrence to be deducted from the CM/R’s or D/B’s construction phase fee. For CSP projects, this charge will be deducted from the Contractor’s contract amount. A Root Cause Analysis (RCA) shall be prepared and used to determine the cause of the alarm and the service charge will be assessed when the findings indicate the alarm was preventable and directly attributable to actions or inaction of the CM/R/Contractor or the subcontract workforce under their direction.

3.3.8. Unless agreed to by the Owner in advance the contractor shall only provide complete submittals for review and approval. Partial submittals will not be accepted.

3.3.9. Aerial photography shall be approved by the Owner in advance and shall maintain with a set schedule weather permitting. Aerial photography performed via remote controlled apparatus shall be limited to the construction site with a predetermined flight path, takeoff and landing zone within the limits of construction.

3.3.10. The schedule shall include an activity called Owner Float prior to Substantial Completion. The duration of this activity shall be zero workdays. This activity is to be used by the Owner at the Owner’s discretion. Any unused Owner Float will be removed from the project up to 90 calendar days prior to Substantial Completion, thereby changing, in favor of the Owner, the established Substantial Completion Date.

3.4. CONTRACTOR’S RESPONSIBILITY OF THE PROJECT WORKFORCE

3.4.1. The Contractor is responsible for the actions of the entire Project workforce, including subcontractors' and suppliers' employees, whenever they are on the campus. Responsibilities may include identification badges for workers, busing of workers from remote parking lot(s), written and verbal reminders to workforce of appropriate behavior and avoidance of campus facilities. Established access and egress routes for vehicular and pedestrian traffic are required, as a minimum, in order to maintain control of the work force.

3.4.1.1. The Contractor shall demonstrate the plan for controlling the workforce at all times, while on campus.

Unacceptable behavior on the part of a worker anywhere on campus, including parking lots, the Project site, and the accessing route(s) through the site through the campus shall be the responsibility of the Contractor.

3.4.1.1.1. Harassment of any person, whether student, faculty, staff, or visitor to the campus, is strictly forbidden. Harassment includes any action such as jeering, whistling, calling-out, staring, en tat ive

- f or ref ere nc e

09/01/07 Issuance Page 10 of 29 11/01/23 Revision

Owner’s Special Conditions 102-1611 DMC Enabling Central Utility Plant and Infrastructure snickering, making rude or questionable comments, or similar behavior. Identifiable offending worker(s) shall be permanently removed from the Project.

3.4.2. The Contractor shall take measures intended to prevent or delay mosquito Zika virus transmission by eliminating potential mosquito breeding areas.

3.4.2.1. Develop a mosquito abatement and surveillance plan.

3.4.2.2. Treat standing water with larvacide (such as mosquito “dunks”) when it cannot be drained and the water will be present for more than seven days.

3.4.2.3. Empty and clean containers that hold water at least weekly.

3.4.2.4. Keep gutters clear of debris and standing water.

3.4.2.5. Remove standing water around structures and from flat roofs.

3.4.2.6. Cover trash containers.

3.4.2.7. Screen rain barrels and openings to water tanks or cisterns.

3.5. PROJECT SECURITY

3.5.1. The Contractor is responsible for security of the Project, including site access and exiting. Campus police will not provide security for the Contractor's (or subcontractor’s) areas or personnel.

3.5.1.1. The Contractor may employ unarmed security personnel for the Project.

3.5.1.2. Canine and other forms of animal security and enforcement are prohibited on the Project site.

3.5.1.3. The ODR may reduce or withhold payment to the Contractor, if deemed necessary, until adequate Project security is in place.

3.5.2. If campus issued keys are provided by the Owner the contractor will maintain a lockable key cabinet for such keys and the keys will only be tagged with a number or letter identifier to identify them. A separate spreadsheet with a legend listing each key identifier and what door the key unlocks will be kept by the contractor and the spreadsheet will be secured in a separate location. In addition the contractor will maintain a sign in/out sheet for checking out the keys to their employees. At the end of each day, the contractor will verify all keys have been returned to the key cabinet. Keys will be returned to campus once it is determined that the key is no longer needed or no later than 30 days after substantial completion unless otherwise approved by ODR. If the contractor is performing change order work after SC, then they will be allowed to keep only those keys needed for access to the work area where the change order work is being performed. All keys must be returned prior to final completion and the contractor must show evidence to the CIP Project Manager that the keys have been returned prior to issuance of the final completion certificate.

3.6. PROTECTION OF WORK

3.6.1. The Contractor and every Subcontractor shall properly and effectively protect all materials and equipment furnished during and after installation. Building materials, contractor's equipment, etc., may be stored on the premises, but the placing of it shall be within the construction fence. When any room in the building is used as a shop, storeroom, etc., the Contractor shall be held responsible for any repairs, patching, and cleaning arising from such use. The Contractor shall protect and be responsible for any damage to its work or material, from the date of the agreement until the final payment is made, and shall make good without cost to the Owner, any damage or loss that may occur during this period. All material affected by weather shall be covered and protected to keep free from damage while being transported to the site and while stored on the site.

3.6.1.1. During the execution of the Work, open ends of all piping, conduit, ductwork, and all openings in equipment shall be capped and sealed prior to completion of final connections, so as to prevent the entrance of foreign matter.

en tat ive

- f or ref ere nc e

09/01/07 Issuance Page 11 of 29 11/01/23 Revision

Owner’s Special Conditions 102-1611 DMC Enabling Central Utility Plant and Infrastructure

3.6.1.2. All heating, ventilating, plumbing, and electrical equipment shall be protected during the execution of the Work.

3.6.1.3. All plumbing fixtures shall be protected and covered so that no one can use them. All drains shall be covered until placed in service to prevent the entrance of foreign matter.

3.6.1.4. Trees and shrubs, within the Project site assigned to be saved and maintained, shall be protected by the Contractor with strong open slat fences at least six (6) feet high, completely surrounding the perimeter of the drip line, maintained in sound condition until permission is given for removal.

The Contractor shall not remove, cut, or trim any trees or shrubs without the ODR’s written approval, unless specifically identified to be removed on the Construction Documents.

3.7. PROJECT SURVEYING

3.7.1. The Contractor shall employ an experienced and competent licensed Professional Surveyor to establish at least three separate permanent benchmarks and shall maintain easy access during the progress of the Work, in order to determine and verify the lines and grades. As the Work progresses, the Contractor shall establish additional and easily accessible benchmarks at each level referenced to first floor finish floor line.

3.7.1.1. Level or Transit: The Contractor shall maintain an accurate level or transit at the site at all times.

This instrument shall be used to verify lines, grades, etc., and shall be available at all times for use by the Architect/Engineer and the ODR. A level shall be used to layout all work and shall be used by operators skilled in its use.

3.7.1.2. The Contractor shall erect and maintain substantial and braced batter boards at all corners of structures, set their location to provide proper working clearance and verify that they are level and at the proper grade.

3.7.1.3. As the Work progresses, the Contractor shall lay out partitions on the floor in exact locations as a guide to all contractors and trades.

3.7.1.4. Before ordering any materials or doing any work, the Contractor shall verify and be responsible for the correctness of all measurements. No extra charge or compensation shall be allowed on account of difference between actual dimensions and the measurements indicated on the Drawings. Any differences, which may be found, shall be submitted to the Architect/Engineer for consideration before proceeding with the Work.

3.7.1.5. As work progresses the contractor shall provide GIS locations for all new below grade utilities installed, connections to existing utilities and / or utilities discovered (existing, abandoned or unknown during the course of construction) The contractor shall describe any utility discovered during construction and indicate its material type, size, location (measured from its top most surface) and general direction of routing. GIS updates they are to be performed monthly and sent to campus.

3.8. TEMPORARY SHORING

3.8.1. All temporary shoring required for the installation of work shall be included in this Contract and the Contractor shall assume all responsibility for this work and make good any damage caused by improper supports or failure of shoring in any respect. Any provisions that are installed to assure the stability of adjacent structures, trees, roadways, or infrastructure, shall be in accordance with engineered plans (provided by the Contractor). The contractor shall not remove shoring or reshoring without written concurrence of the structural engineer responsible for designing the formwork and shoring / reshoring system. Shoring shop drawings and calculations must support removal of shoring / reshoring. Have Robert Barrera confirm acceptance of this statement.

en tat ive

- f or ref ere nc e

09/01/07 Issuance Page 12 of 29 11/01/23 Revision

Owner’s Special Conditions 102-1611 DMC Enabling Central Utility Plant and Infrastructure

3.9. CUTTING AND PATCHING OF SLEEVES

3.9.1. The Contractor shall consult with the Project Architect/Engineer prior to the commencement of any cutting and/or patching of sleeves, holes, or openings in the execution of the work.

3.9.1.1. Excessive cutting of the structure that is not shown in the contract documents shall not be permitted, nor shall any piers or other structural members be cut without the written approval of the Project Architect/Engineer. After such work has been installed, the Contractor shall carefully fit around, close up, repair, patch, and point-up as directed by the Project Architect/Engineer.

3.9.1.2. All cutting and patching of sleeves shall be done carefully, with proper tools by qualified workers, at no additional cost to the Owner. The Contractor or Subcontractor shall build into the work, as indicated on the plans and/or specifications, any and all items furnished by others. Cutting and repairing of work in place, as a result of negligence by the Contractor, shall be completed at no cost to the Owner.

3.9.1.3. The work performed within each section of the Specifications, unless otherwise indicated in the plans and/or specifications, includes all cutting, patching, and digging for work in that trade section required for proper accommodations of work of other trades. Execute such work with competent workers skilled in trade required for restoration.

3.9.1.4. The Contractor shall provide sleeves for all service lines, including piping, ductwork, and conduit included in their scope of work, which may pass through walls, roof, or floors.

3.10. HAZARDOUS MATERIAL ABATEMENT

3.10.1. The Contractor shall abate hazardous materials located within the limits of construction as identified in the Drawings and Specifications.

3.10.2. Should the Contractor discover unforeseen hazardous materials (e.g., asbestos, lead, mold), the Contractor shall stop work, properly seal off the affected area, and immediately inform the ODR and the campus’ Environmental Health & Safety office. The Contractor shall make provisions to abate the hazardous materials (i.e., the Owner will not abate the hazardous materials). The Contractor shall ensure that the mandatory Texas Department of State Health Services notification is promptly initiated or amended as appropriate. If lab tests confirm the presence of hazardous materials, the Contractor shall not resume the non-hazardous material-related work in the affected area until the hazardous material has been removed by a licensed abatement subcontractor, and the licensed hazardous materials consultant confirms that the abatement is complete.

3.10.3. The Contractor shall ensure that Texas Department of State Health Services licensed individuals, consultants, or companies are used for any required hazardous materials work including inspection, abatement plans/specifications, abatement, project management, and third-party monitoring.

3.10.4. The contractor shall notify the Texas Department of Health (department) of any asbestos abatement activity, renovation or operations and maintenance (O&M) activity affecting asbestos-containing materials (ACBM), no less than ten working days prior to commencement of the activity.

3.10.5. The contractor shall provide the ODR with a copy of the notification to the department within 3 working days of its delivery and make and include an additional copy as part of the Owner’s close-out materials.

3.11. CERTIFICATION OF NO ASBESTOS CONTAINING MATERIALS OR WORK

3.11.1. The Contractor shall provide a certification statement, included with each materials submittal, stating that no asbestos containing materials or work is included within the scope of the proposed submittal.

en tat ive

- f or ref ere nc e

09/01/07 Issuance Page 13 of 29 11/01/23 Revision

Owner’s Special Conditions 102-1611 DMC Enabling Central Utility Plant and Infrastructure

3.11.2. The Contractor shall retain an asbestos consultant licensed by the Texas Department of State Health Services, Texas-registered architect, or Texas-licensed engineer to evaluate SDS of permanently installed building materials and provide a signed, written certification that the Work does not contain asbestos.

3.11.3. The certification letter and SDSs shall be delivered to the ODR before requesting Substantial Completion and updated and resubmitted before requesting Final Completion. This certification, together with copies of the SDSs, shall qualify as an asbestos survey in accordance with Texas Administrative Code Section

295.34 (c)(1) (Department of State Health Services, Asbestos Management in Facilities and Public Buildings). The final certification and SDSs shall be delivered to the ODR in indexed and word searchable portable document format (PDF). Renovation projects shall also include diagrammatic floor plans identifying the extent of non-ACBM.

3.11.4. The certification letter should be substantially the same form as the following for renovation and new construction:

3.11.4.1. For renovation: I, [Name], Asbestos Consultant, Texas-registered architect or Texas-licensed professional engineer) (license #*****TX), was involved in the design and construction of the new renovation of the [Project]. I have reviewed all of the Material Safety Data Sheets (MSDSs) (or Safety Data Sheets (SDS)) of all the products permanently installed in the current renovation and none of the products indicate that they include Asbestos-Containing Materials (ACBM) and therefore in my professional opinion, the building materials used in this renovation do not contain asbestos. This certification, together with copies of the MSDSs (or SDSs), may be used as an asbestos survey as described in the Texas Asbestos Health Protection Rules §295.34(c)(1).

3.11.4.2. For new construction: I, [Name], Asbestos Consultant, Texas-registered architect or Texas-licensed professional engineer) (license #*****TX), was involved in the design and new construction of the [Project]. I have reviewed the Material Safety Data Sheets (MSDSs) (or Safety Data Sheets SDS) of all the products permanently installed in the construction project and none of the products included in the construction indicate that they include Asbestos-Containing Materials (ACBM) and therefore in my professional opinion all parts of the building do not contain asbestos. This certification, together with copies of the MSDSs (or SDSs), may be used as an asbestos survey as described in the Texas Asbestos Health Protection Rules §295.34(c)(1).

3.11.5. The contractor shall insure compliance with the following acts from all of his subcontractors and assigns:

3.11.5.1. Asbestos Hazard Emergency Response Act (AHERA—40 CFR 763-99 (7));

3.11.5.2. National Emission Standards for Hazardous Air Pollutants (NESHAP — EPA 40 CFR 61, Subpart M — National Emission Standard for Asbestos;

3.11.5.3. Texas Asbestos Health Protection Rules (TAHPR—Tex. Admin. Code Title 25, Part 1, Ch. 295C, Asbestos Health Protection

3.12. NOTIFICATION OF PARTIAL OR WHOLE DEMOLITION OF A FACILITY OR PUBLIC BUILDING

3.12.1. The contractor shall notify the Texas Department of Health (department) of any demolition in facilities or public buildings in compliance with Texas Asbestos Health Protection Rules (TAHRP—Tex. Admin. Code Title 25, Part 1, Ch. 295C, Rule 295.61 Asbestos Health Protection).

3.12.2. Notification of any demolition shall be made to the department no less than ten working days prior to commencement of the activity.

3.12.3. The contractor shall provide the ODR with a copy of the notification to the department within 3 working days of its delivery and make and include an additional copy as part of the Owner’s close-out documents.

en tat ive

- f or ref ere nc e

09/01/07 Issuance Page 14 of 29 11/01/23 Revision

Owner’s Special Conditions 102-1611 DMC Enabling Central Utility Plant and Infrastructure

3.13. BUILDING MOCK-UPS – NOT USED

3.13.1. The Contractor shall construct a mock-up of the exterior building envelope system designed by the Architect/Engineer that includes the following elements and others (as applicable):

a. Limestone Veneer (and/or other stone veneers)

b. Brick Veneer

c. Window Systems

d. Metal Panels

e. Roofing System (including any soffits, copings, parapets, or overhangs)

f. Waterproofing

g. Insulation

h. Structural Exterior Wall (i.e. CMU backup wall)

i. Flashing, sealant joints, weeps

j. All major intersections with particular emphasis on those where material changes occur including methods and conditions of attachment, closure, laps, and transitions between materials. When material color changes are to be expected the entire range of colors expected to be installed on the project shall be submitted to the Owner for review and approval.

3.13.2. The scope, design, budget, and schedule for the exterior envelope system mock-up should be discussed and agreed upon between the A/E, Contractor, PDC, PDC’s consultants (e.g. envelope/exterior skin), Institution and User Representatives prior to completion of Design Development and approval of the Guaranteed Maximum Price. The cost for the erection and removal of the mock-up shall be included in the

GMP.

3.13.3. The mock-up location(s) onsite will be selected to avoid any conflict with construction activities and approved by PDC and ODR.

3.13.4. The Contractor shall schedule construction of the mockup to occur early enough in the project at the project site unless directed otherwise by the Owner, so that review and approval can be completed prior to the time materials need to be ordered for the full-scale installation. The Contractor shall factor in durations for subcontractor procurement, ordering and delivery of mockup materials, construction of the mockup, mockup review and approval, final submittals and shop drawings, and fabrication and delivery of materials. The Contractor's CPM submitted with the GMP , and all subsequent schedule updates shall include detailed work activities related to the submittal, procurement, construction, review and approval of the mockup with sufficient time to allow for necessary adjustments in detailing without impacting the overall project schedule.

3.13.4.1. For components where large fabrication runs are required or obtaining the actual component is not possible within the schedule, the Contractor shall seek the ODR’s approval for custom fabrication of small quantities of the components for the purposes of the mockup. One example of such components may be curtain wall systems or custom metal work.

3.13.5. Any modifications to the mock-ups as a result of testing or review by CIP PM, PDC’s consultants (e.g.

envelope/exterior skin), the Architect, and other stakeholders shall be included in the original GMP price.

PART 4 – SUBSTANTIAL AND FINAL COMPLETIONS

4.1. O&M MANUALS & AS-BUILT DOCUMENTS AT SUBSTANTIAL COMPLETION

4.1.1. Prior to Requesting Substantial Completion, and as a prerequisite thereto, and prior to submitting application for Payment, and in lieu of the requirement in UGC 6.2.4 and in addition to the requirements in Specification 01 77 00 Project Closeout Procedures:

en tat ive

- f or ref ere nc e

09/01/07 Issuance Page 15 of 29 11/01/23 Revision

Owner’s Special Conditions 102-1611 DMC Enabling Central Utility Plant and Infrastructure

4.1.2. Not more than thirty (30) days after Substantial Completion and prior to Final Completion of the project, the Contractor will provide the CIP Project Manager with one full set of As-Built documents as needed.

At the completion of the project or with Substantial Completion of individual phases or stages of work as agreed upon by the ODR, the contractor shall provide to the Owner, via the PDC UT Box Document Folder, final and complete As-Built documents for the purpose of the A/E to prepare one full set of Record Drawings and Specifications in .pdf format.

4.1.3. At the completion of the project, the contractor shall resubmit any As-Built changes made to the Work previously transmitted in documents included in section 4.1.1.2, for the use of the AE to prepare and incorporate into these Record Documents.

4.1.3.1. Contractor shall provide in electronic format as specified herein, all As-Built documents, including Operating and Maintenance manuals, approved submittals, shop drawings, warranties, certificates, test reports, as-built documents, commissioning documentation and other items as required by the contract.