8-Exhibit H - Owners Special Conditions.docx

OWNER’S SPECIAL CONDITIONS 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 Owner and included by the Construction Manager or Design-Build Contractor in the Guaranteed Maximum Price Proposal.

1.2 SEPARATE CONTRACT

1.2.1 As provided in the UGC, the Owner may award other contracts for other portions of the Project. Additional separate contracts may include, but are not limited to, equipment procurement, commissioning, geotechnical, surveying services, furnishings procurement, furnishings installation, equipment installation, fire alarm installation and certification, network/data infrastructure, construction materials testing.

1.3 PREVAILING WAGE RATE DETERMINATION

1.3.1 In accordance with the UGC, the attached schedule identifies the Prevailing Minimum Wage Rate determination for SMITH COUNTY can be found at the following website: https://wdol.gov/adol/scafiles/davisbacon/tx.html

1.3.2 The Owner may verify wage rate compliance in the field by interviewing workers. The Contractor shall assist the Construction Inspector (CI) 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 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): Not Used

1.4.4 “Attachment C” (To Special Conditions): Not Used.

09/01/07 Issuance 08-17-17 Revision Owner’s Special Conditions XXX-XXX CIP Project Name

PART 2 – PRODUCTS

2.1 ANIMALS AND LIVESTOCK…NOT Used

2.2 PROJECT FENCING

2.2.1 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. Temporary Fencing and Barricades shall be utilized as appropriate for safety of residents, staff and workers.

2.3 PROJECT SIGNAGE…Not Used

2.4 TEMPORARY PROJECT WATER …If required, the Contractor is to coordinate any project-related temporary water connections with campus project staff.

2.5 TEMPORARY PROJECT POWER AND LIGHTING

2.5.1 If required, the Contractor shall furnish all equipment and materials required for temporary project power and lighting, i.e., distribution equipment, wiring, generators, etc.

2.6 TEMPORARY PROJECT MECHANICAL SERVICES … Contractor to coordinate with campus project staff if connection of temporary mechanical equipment becomes necessary to maintain services to campus facilities.

2.7 TEMPORARY PROJECT PARKING

2.7.1 Park on Site Only – Temporary Parking Passes will be issued to Contractor and must be displayed on dashboard of all vehicles

2.7.2 Owner-provided parking is for the convenience of the Contractor with the understanding that the Contractor is responsible for all workers and vehicles while they are on campus.

2.7.3 The Owner may remove or revoke such convenience at any time, for any reason.

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 Owner and the rest of the Project Team in project "Partnering" as a means of achieving success. The Partnering process is voluntary and the Owner 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 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.

3.2.2 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.

3.2.3 The Contractor shall submit a logistics plan to be approved by the Owner prior to construction activities . The plan shall include, at a minimum, the proposed phasing plan, barricade area, delivery routes, loading/unloading areas, and dumpster/trash bin locations. Any partitions or barricaded areas 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.

3.3 ON-GOING CAMPUS OPERATIONS

3.3.1 The Project area is within surrounded by and/or an occupied building and is 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” is defined as Monday through Friday between the hours of 6:00 a.m. and 6:00 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 Emancipation Day – June 19th Independence Day – July 4th

3.3.1.2 If deliveries will be made during a Work Day, the Contractor shall coordinate and schedule their arrival and departure with the Owner.

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

3.3.3 Any necessary disruption of campus utilities must be scheduled at least three (3) 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 Owner.

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.

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

3.3.6 Preventable False Fire Alarms that occur during the execution of the work may be subject at the discretion of the Owner 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 subcontracted workforce under their direction.

3.3 CONTRACTOR’S RESPONSIBILITY OF THE PROJECT WORKFORCE

3.3.1 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 Failure to obtain parking permits, or traffic violations while on campus may lead to cancellation of any Owner provided parking.

3.4.1.2 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 and through the campus shall be the responsibility of the Contractor.

3.4.1.2.1 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, snickering, making rude or questionable comments, or similar behavior. Identifiable offending worker(s) shall be permanently removed from the Project.

3.4.1.2.2 University of Texas at Tyler requires all contractors, sub-contractors, and temporary workers on campus to be verified through background checks provided by the Contractor and confirmation to be submitted to the University.

3.4.1.2.3 Submit all new employee’s information to the Facilities administrative staff (dbeckham@uttyler.edu) prior to their beginning work on campus. This initial information includes a clear copy/photo of their government issued ID. If additional information is needed on a particular individual, Demi will contact you.

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 The Contractor may provide a full-time site access monitoring system for the duration of the project.

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

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

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 areas or identified laydown and staging areas.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.

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 3.6.1.5 trees or shrubs without the Owner’s written approval, unless specifically identified to be removed on the Construction Documents.

3.7 PROJECT SURVEYING…Not Used

3.8 TEMPORARY SHORING…Not Used

3.9 CUTTING AND PATCHING OF SLEEVES…Not Used

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.

3.11 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.

3.11.2 The Contractor shall provide at Substantial Completion, a notarized affidavit to the Owner and the Architect stating that no asbestos containing materials or work was provided, installed, furnished, or added to the Project.

3.11.3 The Contractor shall take whatever measures necessary to ensure that all employees, suppliers, fabricators, material handlers, subcontractors, or their assigns, comply with this requirement.

3.11.4 All materials used on this Project shall be certified as non-Asbestos Containing Building Materials (ACBM). The Contractor shall ensure compliance with the following acts from all Subcontractors:

3.11.4.1 Asbestos Hazard Emergency Response Act (AHERA—40 CFR 763-99 (7))

3.11.4.2 National Emission Standards for Hazardous Air Pollutants (NESHAP—EPA 40 CFR 61, National Emission Standard for Asbestos

3.11.4.3 Texas Asbestos Health Protection Rules (TAHRP—Tex. Admin. Code Title 25, Part 1, Ch. 295C, Asbestos Health Protection)

3.11.5 The Contractor shall provide a notarized statement from all subcontractors that no ACBM has been used, provided, installed, furnished, added to, or left on the Project.

3.11.6 The Contractor shall provide, in hard copy and electronic form, all necessary material safety data sheets (MSDS) of all products used in the construction of the Project to the Texas Department of State Health Services licensed inspector. The contractor shall provide a person appropriately licensed in accordance with the provisions of the Texas Administration Code, Title 25, Part 1, Ch. 295C, and compile the information from the material safety data sheets of all products used in the construction or renovation, and finding no asbestos in any of those products, prepare a signed written certification that he has reviewed the MSDSs for all products used in the construction and that none of those products contain ACBM and; therefore, the building materials do not contain asbestos.

3.11.7 At Final Completion the Contractor shall provide a notarized certification statement per TAC Title 25 Part 1, Ch. 295.34, par. c.1 that no ACBM was used during construction of the Project.

3.11.8 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

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

3.11.9.1 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).

3.11.9.2 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).

PART 4 – SUBSTANTIAL COMPLETION4.1 ELECTRONIC O&M MANUALS & RECORD DOCUMENTS

4.1.1 Prior to Requesting Substantial Completion, and as a prerequisite thereto, and prior to submitting Application for Payment including release of any sums held as retainage, and in lieu of the following requirement in UGC 6.2.5 to:

4.1.1.2 Contractor shall provide instead, in electronic format as specified herein, all Operating and Maintenance manuals, approved submittals, shop drawings, warranties, certificates, test reports, record documents, commissioning documentation and other items as required by the contract. This requirement is in addition to hardcopies of these documents and all other submittals required elsewhere in the contract, except as specifically stipulated herein.

4.1.1.1 “…provide two (2) reproducible copy and two (2) electronic media copy in a format acceptable to the ODR of all Record Documents, unless otherwise required by the Owner’s Special Conditions”

4.1.2 All small format (11” x 17”) or smaller photographs, cut sheets, sketches, instructions, diagrams & graphical literature shall be scanned at a resolution of at least 300 DPI to produce sufficient quality to allow zoom features and readable prints. Color charts or other documents where color is required to convey full information shall be scanned in color. Color line drawings shall be scanned at 200 DPI to avoid excessive file size.

4.1.3 All documents shall be scanned into a single file in current version of Adobe PDF format with expandable indexed file structure organized according to current CSI format and shall conform to AIA standards, bookmarked to at least Division and Section level and searchable by keyword. Verify that all pages on every document have been scanned. Review each page to ensure scan captures original detail. If images appear too dark or too light, or smudged, rescan to ensure proper image quality & legibility.

4.1.4 All closeout electronic files shall be provided to the Owner on an external solid state hard drive or flash drives (SD cards are not acceptable).

4.1.4 Proper labeling must appear on the disk and jewel case to include the Owner's Name (Institution), Project No & Title, Contents of CD / DVD (O&M Record Documents DIV 1- 33), the Sequence Number of the disk if part of a multi-disk set (i.e. DVD 1 of 3) and the Archive Date. CD/DVD must be inkjet printable not using adhesive labels which can delaminate and gum up reader mechanism.

4.1.5 Not Used

4.1.6 This requirement in no way modifies or alters other requirements of UGC 6.2.1 through 6.2.4 or in any way diminishes contractor’s responsibility therein defined regarding the requirements prior to requesting Substantial Completion.

Part 5 – Liquidated Damages

Contractor agrees that for each consecutive calendar day after expiration of the substantial completion period set forth in Article 4 that any incomplete Work prevents or impairs the Owner’s ability to operate and use the Project for its intended purposes, including the correction of deficiencies found during the final testing and inspection, the amount of two hundred fifty dollars ( $250.00 per day) will be deducted from the money due or that becomes due the Contractor, not as a penalty but as liquidated damages representing the parties estimate at the time of executing this Agreement of the damages that the Owner will sustain for late completion.

END OF OWNER’S SPECIAL CONDITIONS

ATTACHMENT “A”

(to Owner’s Special Conditions) MINIMUM WAGE DETERMINATION SMITH COUNTY

Wages are paid in accordance with the most current Prevailing Minimum Wage Rate determination for Smith County, Texas found at the following website: https://wdol.gov/wdol/scafiles/davisbacon/tx.html

Wages are for entry level, minimum wages for each craft and include fringe benefits rates.

Unlisted classifications needed for work not included within the scope of the classifications listed may not be added after award. The job classifications are not inclusive of all possible trades on a construction project.

It is the responsibility of the contractor to classify the worker in accordance with the published classifications and demonstrate that the workers are paid commensurate with determined rates.

ATTACHMENT "B"

Not Used

ATTACHMENT "C"

(to Owner’s Special Conditions) Not Used

09/01/07 Issuance Owner’s Special Conditions XXX-XXX CIP Project Name 08/17/17 Revision

REVISION LOG

The following is provided for convenience to the Owner, Architect/Engineer and Contractor to track changes between annual document issuances and is not to be considered by any party to be contractual or 100% complete.

references within the UGC to the Texas Workers Compensation Commission ...

10/05/09 UT Austin version – Wireless Computing, Contractor Parking Requirements

7/18/11

10-25-13 Revised Art.2.2 to add new provisions for the Owner Provided Builder’s Risk Insurance coverage.

Deleted all previous requirements for builders risk coverage provided by the contractor.

Deleted ‘Attachment D’, Builders Risk Additional coverage worksheet.

MGM

5/23/14 Modified Attachment C to add text referring to new document “Monthly Documentation of Adverse Weather”, and inserted this new document as Exhibit 1 of Attachment C.

Corrected numbering indentations in section 2.2.

pac

10/01/15 Added “Additional Discussion Items” at the beginning for consideration by PM.

Revised the title of UGC to match the 2013 version in sections 1.1.1, 1.4.1, and 4.1.1.

Inserted additional services in section 1.2.1 for reference.

Corrected titles in 1.4.2 and 1.4.4 to match their respective Attachments (“A” and “C”).

Revised internet connectivity requirements (per OTIS) in sections 2.4.5.4 and 2.4.5.9 (and subsections).

Added Part 4 - Substantial Completion - Electronic O&M Manuals & Record Documents, sections 4.1.1 through 4.1.6.

Revised Attachment “B” to require the use of a new font type for the project sign - Helvetica Medium is no longer available.

Attachment “C”:

Updated the anticipated weather days in Attachment C based on a current dataset and revised threshold for a rain event from 0.10” to 0.25” in C1.2.

Removed C1.2.1 - repetitive with 2013 UGC definition.

Removed C1.3 - “Calendar Day” is not defined in spec 01 32 00.

Removed C1.5 re: accumulating unused anticipated weather days month-to-month.

Revised C1.6 to call attention to the availability of Exhibit 1 to Attachment “C”.

Removed C1.7 - repetitive with 2013 UGC requirement; renumbered all remaining statements.

pac

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