ESBD_430137_1750703289782_Exhibit F-Special Conditions.pdf

SPECIAL CONDITIONS

PART 1 – GENERAL

1.01 RELATED DOCUMENTS:

Drawings and general provisions of Contract, including General and Supplementary Conditions and other

Division 1 specification sections, apply to work of this section.

1.02 DESCRIPTION OF WORK:

Furnish all labor, materials, tools, equipment and incidentals necessary for performance of all work associated with the Design and Construction of Design and Construction of the Visitor and

Education Center Complex at the Kreische Brewery and Monument Hill State Historic Sites located in Fayette County, Texas County, Texas, such work being as more particularly described in these Special

Conditions, the drawings, and elsewhere in these Bidding and Contract Documents.

1.03 PROJECT ADMINISTRATION:

This project shall be administered by the Austin office of the Texas Historical Commission, Historic Sites

Division.

A. All inquiries regarding interpretation or clarification of the Contract Documents shall be directed to the Design/Build Contractor.

B. The project manager in the Austin office of the THC is Chris Elliott (432-693-6951, chris.elliott@thc.texas.gov).

C. Inquiries regarding site access, coordination, working hours, weather conditions, temporary utilities, security, visitor safety, parking, staging areas, etc. shall be directed to the Kreische

Brewery Site Manager, Marsha Hendrix (979-968-5658, marsha.hendrix@thc.texas.gov).

1.04 Not used.

1.05 INTENT OF THE CONTRACT DOCUMENTS:

A. The intent of the Contract Documents is to include all of the work for the contract price and within the contract time. Contract Documents are to be considered as cooperative. All work not specified and/or not shown on the drawings but which is necessary for the completion and/or functioning and operation of the project, shall be understood and implied as part of the contract to be performed by the Design/Build Contractor for the contract price. Such work shall be executed by the

Design/Build Contractor in the same manner and with the same character of material as other portions of the contract without extra compensation.

B. It is the intention of the Contract Documents to call for finished work, tested, and ready for operation.

1. Any apparatus, material or work described in the Contract Documents and any incidental accessories necessary to make the work complete in all respects and ready for operation

(even though not particularly specified) shall be furnished, delivered, and installed by the

Design/Build Contractor without additional expense to the Owner.

2. Minor details not usually shown or specified but necessary for proper installation and mailto:marsha.hendrix@thc.texas.gov operation are included in the work just as if herein specified or shown.

C. A duplication of work is not intended by the Contract Documents and any duplication shall not become a basis for extra cost to the Owner.

D. Explanatory notes on the drawings shall take precedence over conflicting graphic indications.

Explicit dimensions on drawings shall take precedence over scaled measurements.

E. In the event of conflict among the Special Conditions, the Supplementary Conditions, and the

Uniform General Conditions (UGC), the following priority order shall apply in resolving such conflicts: Special Conditions, Supplementary Conditions, and then Uniform General Conditions.

1.06 PERMITS AND LAWS:

If applicable governmental laws, rules, regulations or ordinances conflict with the Contract Documents, then such laws, rules, regulations, or ordinances shall govern instead of the Contract Documents, except in such cases where the Contract Documents exceed them in quality of materials or labor, then the Contract

Documents shall be followed.

1.07 NOT USED.

1.08 SUBMITTALS:

A. GENERAL (See also UGC 8.3):

1. During the course of the Pre-Construction Phase, the Owner will have selected and approved numerous products and finishes to be installed in the project. Such selections and approvals will have been thoroughly documented by the Design/Build Contractor. This approval process need not be repeated during the Construction Phase.

2. The Design/Build Contractor shall submit shop drawings, product information, physical samples and field mock-ups to the Owner for approval when:

a. The Design/Build Contractor intends to deviate from a previously a approved item for any reason (cost, availability, lead time, quality).

b. There are color or finish selections that were not made previously by the Owner. Under no circumstances is the Design/Build Contractor to make assumptions regarding such selections.

c. There is a proposed change to the project design that necessitates a change in materials or products.

d. The Owner specifically request review and approval of a particular item.

B. PRE-CONSTRUCTION SUBMITTALS: The following Pre-construction Submittals shall be submitted by the Design/Build Contractor for the Owner’s review and approval.

1. Submittal 1 – To be submitted to Owner at the Pre-Construction Conference: (See also UGC Article 3)

a. Design/Build Contractor’s Superintendent: Name, contact information and qualifications of the person designated as project superintendent.

b. SubDesign/Build Contractors/Materials Suppliers: List of all sub contractors and major material/equipment suppliers that Design/Build Contractor and

Design/Build Contractor's major sub-contractors propose to use. This list shall include correct names, mailing addresses, phone numbers and email addresses.

c. Licensed Craftspersons: List of names, qualifications and licenses of all licensed craftspersons required by the Contract Documents.

d. Contract Price Breakdown (Schedule of Values), itemizing material and labor for each classification of work. (See also UGC, Article 10). Itemization of material and labor costs is required so the Owner may make progress payments on materials delivered. For each bid item or classification of work to be listed in the “Type of

Work” column on the Construction Voucher Schedule of Values, the Design/Build

Contractor shall multiply the unit bid price by the estimated quantity for each bid item to arrive at the “Contract Cost” for each such bid item. Design/Build

Contractor shall separately itemize material and labor costs for each such bid item in the “Type of Work” column.

e. Construction Progress Schedule (in duplicate) of Design/Build Contractor’s

Proposed Construction Schedule for work tasks in relation to the entire project.

(See also UGC, Article 9). The Design/Build Contractor’s schedule must indicate all work tasks as well as differentiate critical path work tasks from non-critical path tasks showing the beginning and ending dates for each critical and non-critical path work task.

f. Submittal schedule itemizing all submittals specified in the Construction

Documents, coordinated with the Design/Build Contractor’s construction schedule so that review time by the Owner will not affect the critical path. The schedule should indicate the nature of each submittal (e.g. product data, test report, physical sample, etc.). (See also UGC 8.3).

1.09 QUALITY ASSURANCE (See also UGC Article 8):

A. THC PROJECT MANAGER will periodically inspect the construction progress, procedures, and materials of the Design/Build Contractor. The Design/Build Contractor shall coordinate all efforts with the PROJECT MANAGER, offer full cooperation to facilitate such observations, and shall be responsive to questions from the PROJECT MANAGER regarding methods, equipment, materials, and intentions in pursuing the work or any specific aspect thereof. Such observation by the PROJECT MANAGER shall not be construed as construction supervision nor indication of approval of the manner or location in which the work is being performed as being a safe practice or place.

B. The Project Managers responsibilities include but are not limited to:

1. Providing quality assurance.

2. Submitting written reports concerning the status of the work.

3. Reviewing, and verifying, the amounts shown on the Design/Build Contractor’s monthly Application and Certificate for Payment.

4. Requesting and receiving payroll and materials invoice amounts from the Design/Build

Contractor.

5. Witnessing testing and confirming in writing to the Owner the results of all tests.

C. Observations, Notification, and Scheduling:

1. The Design/Build Contractor shall notify the PROJECT MANAGER when work is ready for inspection or testing. The Design/Build Contractor shall give such notifications sufficiently in advance of other work to prevent delays. A minimum of five (5) working days advance notice is required, and

Design/Build Contractor shall include in its work schedule such notice periods for inspections and/or testing.

2. All permanent utilities shall be connected before final tests are conducted for equipment and systems. Final operational tests shall be conducted prior to project acceptance by the

Owner. The Design/Build Contractor shall provide the materials, energy, equipment and personnel to conduct the tests required in the Contract.

3. Design/Build Contractor's failure to provide notification to Owner of inspection or testing requirements shall void any certifications of testing and shall require the Design/Build

Contractor to re-test at the Owner’s request. All expenses for re-testing shall be paid by the Design/Build Contractor.

D. The Owner may reject work not conforming to the contract documents. If the Owner rejects work and/or materials incorporated into the project, Design/Build Contractor shall bear all expenses associated with testing to prove compliance with the Contract Documents, including but not limited to engineering/architectural expenses associated with such testing. Any and all such expenses that are paid directly by Owner shall be deducted or withheld from subsequent payment(s) to the Design/Build

Contractor.

1.10 INVOICES/PAY REQUESTS AND CHANGE ORDERS: (See also UGC Article 10)

Change Order pricing for items that are already priced in the Design/Build Contractor’s bid shall be limited to such price(s) set forth in such bid and shall not be entitled to additional mark-up for overhead and profit.

1.11 CONTRACT SCHEDULE: (See also UGC Article 9)

A. Contract Time: This Contract must be completed within the number of days indicated on the

Notice to Proceed with Construction issued by the Owner and signed by the Owner and the

Design/Build Contractor, unless the Contract Time is modified by Change Order.

B. Liquidated Damages: The Owner has determined that the completion of the work in this Contract is critical to the proper operation of the facility, and the Design/Build Contractor’s failure to complete the work within such time will cause damage to the Owner. Since exact damages are difficult to determine or forecast, the following table establishes the liquidated damage amounts, based on the original contract sum, as a reasonable estimate of just compensation to the Owner for the failure of the Design/Build Contractor to complete the work by the time set forth in the Contract or authorized extension thereto. Said sum may be deducted from the money due or to become due to the Design/Build Contractor, not as a penalty but as liquidated damages from added expense, including administrative and inspection costs, for each and every calendar day the work or any portion thereof remains incomplete after the expiration of the time limits set in the Contract or authorized extension.

Amount of Original Contract Amount of Liquidated Damages per calendar day

$0 to $100,000 $150.00

$101,000 to $500,000 $250.00

$501,000 to $1,000,000 $350.00

$1,000,001 to $2,000,000 $400.00

$2,000,001 to $5,000,000 $500.00

$5,000,001 to $7,000,000 $600.00

Over 7,000,001 $700.00

C. Charges for Liquidated Damages will begin accumulating on the first calendar day following the contractually established Substantial Completion date and continue until the date that Substantial

Completion is actually achieved, as documented by the Certificate of Substantial Completion issued by the Owner.

D. The following modifies and supersedes the language contained in paragraph 9.1 of the Uniform

General Conditions:

Contract Time. TIME IS AN ESSENTIAL ELEMENT OF THE CONTRACT. The Contract Time is the time between the commencement date and the Substantial Completion date indicated in the

Notice to Proceed with Construction. The Contract Time can be modified only by Change Order.

Failure to achieve Substantial Completion within the Contract Time or as otherwise agreed to in writing will cause damage to Owner and may subject Design/Build Contractor to assessment of

Liquidated Damages as provided in the Contract Documents.

Once Substantial Completion has been achieved, the Owner will issue a Certificate of Substantial

Completion indicating the allowable time period for the Design/Build Contractor to achieve Final

Completion. For each calendar day beyond that time period that Design/Build Contractor fails to achieve Final Completion, Liquidated Damages will accrue until Final Completion is achieved.

1.12 CONTRACT CLOSE-OUT: (See also UGC Article 12)

A. Notification: The Design/Build Contractor shall provide Owner 10 calendar days’ written notice when requesting Substantial Completion inspection or Final Completion inspection.

B. Final Submittals: At the time of the Design/Build Contractor’s request for final inspection, Design/Build Contractor shall provide to Owner the following material (in addition to final payment documents also required by UGC Article 12 and set forth below in subsection D) which the Design/Build Contractor shall have accumulated and retained during the course of the project:

1. One (1) electronic media copy and two (2) printed sets of all approved project submittals and all equipment and material warranties/guarantees as provided by all appropriate suppliers or manufacturers.

2. One (1) electronic media copy and two (2) printed sets of “as-constructed drawings” showing all revisions to the original Contract Documents. Drawings shall also show routing of underground outside utilities and conduits with actual dimensions from buildings or other known landmarks.

3. Any and all other documents, keys, manuals, etc. required by the Contract Documents.

C. Clean-up: At completion of the job, the Design/Build Contractor shall remove all waste products, dust, dirt, debris, packaging, trash, fingerprints, grease containers, and other deleterious materials and marks from the site. Refer to individual specification sections for special cleaning required by that section. Design/Build Contractor is expected to leave the project in spotless, “like new” condition.

D. Final Payment: Submit final construction voucher, Consent of Surety Company to Final Payment, and the Design/Build Contractor’s Final Payment Affidavit.

1.13 DESIGN/BUILD CONTRACTOR’S RESPONSIBILITY DURING THE WARRANTY PERIOD (See also UGC, Article 13):

A. The Design/Build Contractor will receive no additional compensation for work performed during the one-year warranty period.

1.14 REFERENCES AND STANDARDS:

In addition to state and local ordinances, the latest edition of the following industry standards as well as any additional standards set forth in the specifications and/or elsewhere in the Bidding and Contract Documents are incorporated herein and made a part hereof, as applicable:

ACI American Concrete Institute

ADA Americans with Disabilities Act Accessibility Guidelines and Texas Accessibility Standards (TAS)

AISC American Institute of Steel Construction

CRSI Concrete Reinforcing Steel Institute

ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers

ASTM American Society for Testing and Materials

AWWA American Water Works Association

ECDS Energy Conservation Design Standards for New State Buildings

NEC National Electric Code

NFPA National Fire Protection Association

UL Underwriters’ Laboratories

SMACNA Sheet Metal and Air Conditioning Design/Build Contractors National Association

TCA Tile Council of America

TXDOT Texas Department of Transportation

UBC Uniform Building Code

UPC Uniform Plumbing Code

UMC

IBC

Uniform Mechanical Code International Building Code

1.15 ANTIQUITIES.

Design/Build Contractor shall take precautions to avoid disturbing primitive records and antiquities of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without written permission from the Texas Historical Commission. When such objects are uncovered unexpectedly, the Design/Build Contractor shall stop all Work in close proximity and notify the ODR of their presence and shall not disturb them until written permission and permit to do so is granted. All primitive rights and antiquities, as defined in Chapter 191, Texas Natural Resource Code, discovered on the Owner’s property shall remain property of the State of Texas and the Texas Historical Commission. If it is determined by Owner, in consultation with the Texas Historical Commission, that exploration or excavation of primitive records or antiquities on the Project Site is necessary to avoid loss, Design/Build

Contractor shall cooperate in salvage work attendant to preservation.

1.16 MINIMUM EXPERIENCE REQUIREMENTS:

The Design/Build Contractor was competitively selected based on criteria established in the Request for

Qualifications, including the experience and qualifications of the Design/Build Contractor’s project manager and site superintendent. These experience and qualification requirements shall remain in effect throughout the project. Changes in the Design/Build Contractor’s assigned project personnel that reduce the experience and qualifications level of the assigned staff shall not be permitted. Any proposed change in assigned personnel must be submitted to the Owner in advance and in writing, along with supporting documentation and resumes of proposed new personnel. The Owner is not obligated to approve any proposed change in personnel, and without such approval the change shall not be allowed.

1.17 WORKERS’ COMPENSATION INSURANCE COVERAGE

A. Definitions:

Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the division, or a coverage agreement (DWC Form-81, DWC Form-82, DWC Form-

83, or DWC Form-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project.

Duration of the project - includes the time from the beginning of the work on the project until the

Design/Build Contractor's/person's work on the project has been completed and accepted by the governmental entity.

Persons providing services on the project ("subDesign/Build Contractor" in §406.096) - includes all persons or entities performing all or part of the services the Design/Build Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Design/Build

Contractor and regardless of whether that person has employees. This includes, without limitation, independent Design/Build Contractors, subDesign/Build Contractors, 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. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets.

B. The Design/Build Contractor shall 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 employees of the Design/Build Contractor providing services on the project, for the duration of the project.

C. The Design/Build Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.

D. If the coverage period shown on the Design/Build Contractor's current certificate of coverage ends during the duration of the project, the Design/Build Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended.

E. The Design/Build Contractor shall obtain from each person providing services on a project, and provide to the governmental entity:

(1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and

(2) no later than seven days after receipt by the Design/Build 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.

F. The Design/Build Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.

G. The Design/Build Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Design/Build Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.

H. The Design/Build Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Department of Insurance, Division of Workers’ Compensation, 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.

I. The Design/Build 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 Design/Build 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;

(3) provide the Design/Build 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 Design/Build

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 year thereafter;

(6) notify the governmental entity 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

(7) 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.

J. By signing this contract or providing or causing to be provided a certificate of coverage, the

Design/Build Contractor is representing to the governmental entity that all employees of the Design/Build

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 division. Providing false or misleading information may subject the Design/Build Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions.

K. The Design/Build Contractor's failure to comply with any of these provisions is a breach of contract by the Design/Build Contractor which entitles the governmental entity to declare the contract void if the

Design/Build Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity.

PART 2 – PRODUCTS

2.01 CONSTRUCTION MATERIALS:

A. Materials:

1. Unless otherwise specified, all materials shall be new and of the quality specified. In certain cases, materials used for historic restoration work will be salvaged or reclaimed material.

However, no such materials shall be used unless specified as such. Materials shall be free from defects. Where manufacturer’s names are mentioned in the specifications, it has been done in order to establish a standard of quality and construction, not to preclude the use of equal or superior materials or products of other manufacturers. However, substitutions must have Owner’s prior approval.

2. Unless otherwise indicated in the specifications or drawings, equipment and material shall be installed in accordance with the manufacturer’s recommendations and shall include such tests as manufacturer recommends.

B. Storage and Protection of Materials:

1. All materials shall be suitably stored to be protected from damage. Water-tight storage facilities of suitable size with floors raised above the ground shall be provided for all materials subject to damage from exposure to the weather. Other materials shall be stored on blocks off the ground. Materials shall be stored to permit easy access for inspection and identification. Any material which has deteriorated, become damaged or otherwise unfit for use shall not be used in the work (as judged by Owner). Upon completion of all work, or when directed, the Design/Build Contractor shall remove storage facilities from the site.

2. During construction, open ends of all drains, piping and conduit, and all openings in equipment, shall be closed before leaving the work at any time in order to prevent the entrance of foreign matter.

C. General Security Policy:

1. Design/Build Contractor shall provide notice to the Owner’s Project Manager within twenty-four (24) hours of Design/Build Contractor’s discovery or reasonable belief that there has been unauthorized use, exposure, access, disclosure, compromise, modification, or loss of construction materials (“Security Incident”). Within twenty-four (24) hours of the notification of a Security Incident, Design/Build Contractor shall provide a written report to THC Project Manager detailing the circumstances of the incident, which includes at a minimum, if available:

a. A description of the nature of the Security Incident;

b. The type of theft or damage involved;

c. Who may have caused the theft or damage;

d. What steps Design/Build Contractor has taken or will take to investigate the Security

Incident;

e. What steps Design/Build Contractor has taken or will take to mitigate any negative effect of the Security Incident; and

f. A point of contact for additional information.

2. Each day thereafter until the investigation is complete, Design/Build Contractor shall provide THC Project Manager with a written report regarding the status of the investigation and the following additional information as it becomes available:

a. Who is known or suspected to have gained unauthorized access to the site;

b. Whether there is any knowledge the site has been abused or compromised;

c. What additional steps Design/Build Contractor has taken or will take to investigate the

Security Incident;

d. What steps Design/Build Contractor has taken or will take to mitigate any negative effect of the Security Incident; and

e. What corrective action Design/Build Contractor has taken or will take to prevent future similar unauthorized use or disclosure.

3. Design/Build Contractor shall confer with THC Project Manager regarding the proper course of the investigation and risk mitigation. THC reserves the right to conduct an independent investigation of any Security Incident, and should THC choose to do so, Design/Build Contractor shall cooperate fully by making resources, personnel, and systems access available to THC and THC’s authorized representative(s).

PART 3 – EXECUTION

3.01 CONSTRUCTION SITE AND JOB CONDITIONS:

A. The Design/Build Contractor’s Superintendent shall be on site at all times that work is in progress.

B. The Design/Build Contractor will be provided with designated space in the immediate vicinity of the job site for its use during construction. Unauthorized damage to any existing utilities, building facilities, structures, or plant life shall be repaired by the Design/Build Contractor at no expense to the Owner. The Design/Build Contractor shall not allow any unsafe or unsanitary conditions to develop as a result of Design/Build Contractor's operations.

C. The Design/Build Contractor shall not allow trash or debris to accumulate on the site. At the end of the Contract, Design/Build Contractor shall clean the entire area of any litter resulting from

Design/Build Contractor's operations. The Design/Build Contractor shall maintain the premises as clean and presentable as good construction practices will allow at all times.

D. Utilities: Water and electrical power are available and will be furnished by the Owner at no charge to the Design/Build Contractor. However, any temporary connections, appurtenances or extensions shall be provided by the Design/Build Contractor at no cost to the Owner and removed from the premises at the conclusion of the Contract. Design/Build Contractor shall provide cellular telephone service at all times and shall keep Owner informed of telephone number.

E. Field Office: The Owner will designate a location on the site on which the Design/Build Contractor may place a temporary office structure.

F. Temporary Toilets: The Design/Build Contractor shall provide, and maintain in neat, sanitary condition, toilets and other necessary accommodations for employees’ use to comply with the regulations of the State Department of Health or other jurisdictions.

G. Project Identification: The THC will provide a template for a project identification sign to be provided and installed by the Design/Build Contractor. The sign will be four feet by eight feet, oriented vertically and supported by two posts set into the ground in a location approved by the

THC. The sign will identify the site name, project name, Owner, Architect and consultants, and

General Design/Build Contractor, and will include one graphic image of the project. No other identifying/advertising type signage will be permitted on the site. The cost of the sign fabrication and installation will be paid by the Design/Build Contractor.

H. Fire Protection: The Design/Build Contractor shall take stringent precautions against fire. Open fires are not allowed unless approved in writing by Owner. Smoking shall be permitted only in clearly marked, designated areas that have been approved by the Owner during the Pre-

Construction Conference. Smoking is strictly prohibited inside, or within 15 feet of, any structure.

3.02 OCCUPATIONAL SAFETY AND HEALTH STANDARDS (See also UGC Article 7):

Prior to trenching below a depth of four (4) feet (if applicable), a Design/Build Contractor must submit separate pay items for: (i) trench safety to be determined by the linear feet of trench excavated, and (ii) special shoring requirements, if any, to be determined by the square feet of shoring used, pursuant to Texas

Government Code Section 2166.303. Such pay item(s), following calculation as required above, shall be quoted on the basis of a total lump sum price.

3.03 LAYOUT OF WORK AND SURVEYS:

The Design/Build Contractor, at Design/Build Contractor’s expense, shall be responsible for establishing base lines, and benchmarks if applicable, for the limits of the project. The Design/Build Contractor shall also be responsible for all measurements that may be required for the execution of the work to the location and limit marks prescribed in the specifications or on the drawings, subject to such modifications as the

Owner may require to meet changed conditions or as a result of necessary modifications to the work.

3.04 SITE OPERATIONS:

During construction of this project the area of the site impacted by the construction activity will be closed to the public. The Design/Build Contractor shall be responsible for public safety at the construction site.

All temporary fencing, barricades, warning lights, signs, and flagmen shall be provided and maintained by

Design/Build Contractor as needed.

3.05 CUTTING AND PATCHING:

A. Where indicated in the Contract Documents, this project requires cutting into existing construction for the performance of the work and requires subsequent fitting and patching to restore the existing work to original condition.

B. Utilities:

1. Design/Build Contractor shall not cut or patch utilities until all necessary approvals and coordination requirements are accomplished.

2. Before cutting services that are to remain permanently or temporarily in service, Design/Build Contractor shall provide by-pass system as necessary to maintain service.

3. After by-pass and cutting, Design/Build Contractor shall cap, valve or plug and tightly seal remaining portion of service piping or conduit to prevent entrance of moisture and foreign matter.

C. Structural Work: Design/Build Contractor shall not cut or patch structural work in a manner that would result in a reduction of load-carrying capacity or of load-deflection ratio.

D. Inspection:

1. Before cutting, Design/Build Contractor shall examine items to be cut and patched and the conditions under which the work is to be performed. If unsafe or otherwise unsatisfactory conditions are encountered, Design/Build Contractor shall take corrective action before proceeding with the work.

2. Design/Build Contractor shall meet at the work site with all trades involved in cutting and patching. Design/Build Contractor shall review areas of potential interference and conflict between the various trades and shall coordinate layout of the work and resolve potential conflicts before proceeding with the work.

E. Historic Materials:

1. The materials and assemblies that comprise a historic building are, by their nature, irreplaceable. It is the Owner’s intention to retain and preserve all historic materials and assemblies at historic structures. Any cutting, modification, or removal of such materials that is not specifically described in the Construction Documents must be approved in writing by the Owner before any such work is undertaken.

3.06 AS-CONSTRUCTED DRAWINGS (See also UGC Article 6):

The Design/Build Contractor shall maintain on a separate set of the Contract Documents a record of all changes made during construction. The Design/Build Contractor shall be responsible for keeping these records and neatly noting with colored pencil or ink all changes. Progress payments will not be made to the Design/Build Contractor unless such records are maintained. Verification by the On-Site ODR of such records is solely for assurance that the records are being maintained. Such observations shall not constitute review or approval of the as-constructed drawings for accuracy or completeness.

END OF SECTION