ESBD_554003_1787859424602_06_TWU Special Conditions 2022.pdf

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TEXAS WOMAN’S UNIVERSITY

SPECIAL CONDITIONS

1.1 GENERAL

A. These Special Conditions shall be subject to the requirements of the Uniform General

Conditions and Supplemental Conditions and shall be used in conjunction therewith as a part of the Contract Documents:

1.2 UNIVERSITY POLICIES

A. Contractor is responsible for ensuring compliance by their personnel with the following

University policies. TWU reserves the right to remove any person from our properties if in violation of these policies.

1. Background checks

a. Contractor is required to ensure that all workers (including subcontracted workers) who will be performing work for TWU have satisfactorily completed a background check annually, consistent and in compliance with all applicable federal, state, and local requirements, that includes but is not limited to the following:

1. Social Security Verification/Validation;

2. Alias and Address History;

3. Terrorist Watch List Search;

4. National Criminal Database Search (past 10 years);

5. Federal Criminal Records Search (all names/aliases and all jurisdictions resided in for the past 10 years);

6. County Criminal Court Records Search (all names/aliases and all counties resided in for the past 10 years);

7. National Sexual Offender Registry Search;

b. The following type of convictions are generally considered relevant to any work conducted at TWU:

1. Theft;

2. Injury to person(s);

3. Weapons;

4. Threats;

5. Injury to property;

6. Sexual misconduct;

7. Murder;

c. Additional offenses that may be relevant include those related to the work to be performed. Examples include criminal traffic offenses (e.g.

DWI, DUI) if work involves driving or operation of heavy equipment.

d. Contractor must not allow workers who have relevant convictions to perform work for TWU.

e. TWU may require contractor to show proof, satisfactory to the university, that appropriate criminal background checks for their workers and subcontractors were performed.

2. Photo identification for all contract workers

a. All contract workers (including subcontracted workers) are required to obtain a TWU photo ID card.

b. ID cards for contract workers will not be issued without documentation of completed background check per the above requirement.

c. Each contract worker will be required to present valid (current) government issued photo identification at time of TWU photo ID card issuance.

d. ID cards will be prominently displayed and attached to the worker’s outer clothing while on University property.

e. The contractor is responsible for gathering and returning all ID cards to the contracting TWU department at the termination of the contract, Month Day, Year Special Conditions - 2 Name of Project

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f. Initial issue of photo ID cards will be at no cost. Replacement cards can be obtained at the cost of $25.00 per card.

3. Drug Free Work Place

a. Texas Woman's University is required by the Drug-Free Work Place Act of 1988 (41 U.S.C.A. 701-707) to notify all contract workers that the unlawful manufacture, sale, distribution, possession, or use of a controlled substance in or on any premises or property owned or controlled by the University is prohibited.

4. Tobacco-Free Environment

a. The campuses of Texas Woman’s University, located in Denton, Dallas and Houston, are designated “Tobacco-Free”.

5. No radios are allowed on the job site.

6. Dress Code will be enforced:

Full length pants (no holes) Short/long sleeve shirts (buttoned) with sleeves no shorter than 5” from top of the shoulder (no holes) No tank tops No offensive or vulgar language or illustrations on clothing Appropriate personal protective equipment (PPE) as required

7. The use of crude, vulgar, and profane language will not be tolerated.

8. Fraternizing with TWU staff, faculty, or students is not permitted.

9. No alcoholic beverages or illegal drugs are allowed on TWU campuses.

10. Sexual harassment will not be tolerated.

11. Hostile or vulgar behavior towards TWU employees, staff, students, or guests will not be tolerated.

1.3 RISK MANAGEMENT PROGRAMS

A. Insurance

1. Contractors shall maintain at their own cost, and provide proof of, insurance meeting TWU’s Third Party Insurance Standards (https://twu.edu/media/documents/risk-management/TWU-Third-Party- Insurance-Standards.pdf). By requiring such minimum insurance, TWU shall not be deemed or construed to have assessed the risk that may be applicable to the Contractors. Therefore, Contractors shall assess their own risks and, if they deem appropriate, maintain higher limits and/or broader coverages. Contractors are not relieved of any liability or obligations assumed or pursuant to the contract because of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.

B. Hazard Communication

1. Contractors must maintain Safety Data Sheets (SDSs) for all materials brought onto campus, and must make the SDSs available to TWU representatives upon request.

2. If materials are brought on site to which TWU faculty, staff, students or visitors may be exposed, the contractor must provide SDSs for the chemicals prior to use of the chemicals.

C. Confined Space Entry

1. Contractors must have a Confined Space Entry program in place prior to conducting any work in or around Permit-Required Confined Spaces on campus. TWU may require contractor to show proof, satisfactory to the university, that the program meets the requirements of OSHA’s Permit-Required Confined Spaces standard (29 CFR 1910.146).

2. Contractors must notify TWU of any plans to enter Permit-Required Confined Spaces on campus prior to commencing operations.

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3. Contractors must be debriefed by TWU personnel at the conclusion of all confined space entry operations regarding any hazards confronted or created in Permit-Required Confined Spaces on campus during entry operations.

4. If a task involves entry into a Permit-Required Confined Space by both TWU and contractor personnel, the entry will be conducted under the requirements of the TWU Confined Space Entry Program. A TWU Entry Supervisor will be responsible for coordinating entry into the space. The Entry Supervisor will understand the hazards of the work to be performed by all Authorized Entrants and ensure that the activities of contract employees or TWU employees do not endanger Authorized Entrants.

D. Hazardous Energy Control (Lockout/Tagout)

1. Contractors must have a Lockout/Tagout (LOTO) program in place prior to conducting any work on equipment, machines or systems on campus with potentially hazardous energy sources (electrical, compressed air, hydraulic, etc.).

2. If a machine-specific LOTO procedure is required under 29 CFR 1910.147(c)(4)(i) and has not been developed for the equipment in question, one must be developed in cooperation with TWU personnel with appropriate knowledge of the equipment.

3. Contractors will gain approval from the responsible, and appropriately trained, TWU employee before performing work on equipment requiring use of LOTO procedures. The TWU employee will be responsible for notifying all Affected Employees that the energized system or equipment will be shut off and locked and tagged out.

4. As an optional additional safeguard, TWU maintains the option to also place a lock and tag on the equipment, and leave it in place until the work is complete.

This allows TWU to have control over when the equipment is re-energized and allow for the notification of Affected Employees prior to doing so.

E. Electrical Safety

1. Contractors must have an electrical work safety program sufficient to protect

TWU employees, students, and visitors from injury in place prior to beginning any electrical work on site.

2. Specifically, the program must comply with NFPA 70 and 70E, including the requirement to set up physical barriers sufficient to prevent unqualified individuals from entering the area when conducting work on energized electrical components. Barriers must be placed at the limited approach boundary or the arc flash protection boundary, whichever is farther from the energized component.

3. If an unqualified person must cross only the limited approach boundary, that person must be directly and continuously supervised by a “qualified person” as defined by NFPA 70E.

F. Fall Protection

1. Contractors must have a fall protection program sufficient to protect TWU employees, students, and visitors from injury in place prior to beginning any applicable work on site.

2. Excavations and holes in walking/working surfaces greater in depth than 4 feet where TWU employees, students, or visitors might be present must either be guarded by OSHA standard handrails (29 CFR 1910.23(e)(5)) or provided with a cover capable of supporting the expected weight of traffic. Whenever the cover or railings are out of place, the excavation or hole must be continuously attended.

G. Hot Work Contractors must obtain a Hot Work Permit from TWU prior to conducting any spark or flame-producing operations in or near occupied buildings, including operations involving cutting, brazing, welding, soldering, and grinding.

Contractors must comply will all requirements of the issued permit and return the permit to TWU once the operation is complete.

H. Life Safety System Impairment/Activation

1. Contractors must contact TWU Risk Management prior to impairing any life safety systems, including fire alarms and sprinkler systems.

2. Contractors must also immediately contact TWU DPS if they activate any fire

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I. Fire Stop Systems

1. All penetrations through firewalls or floors must be done in accordance with

NFPA 101 (and other applicable chapters) and “sealed” utilizing a UL listed firestopping system that is appropriate for the penetration and installed correctly.

TWU Risk Management reserves the right to conduct destructive testing on installed firestopping, as necessary.

2. No field modifications shall occur to fire doors or fire door frames, except for the limited allowable exceptions found in NFPA 80, without approval from Risk Management.

J. Storm Water

1. Contractors conducting work that will disturb one or more acres of soil must obtain coverage under the Texas Commission on Environmental Quality (TCEQ) Construction Storm Water General Permit (No. TXR150000).

2. Even if disturbing less than one acre of soil, appropriate precautions must be taken to prevent impacts to the storm water and soils on site.

3. Contractors must immediately inform TWU of any leaks or spills with the potential to affect storm water or soils on site.

K. UAS/UAV/Drone Use

1. All Unmanned Aircraft Systems (UAS)/Unmanned Aerial Vehicle (UAV) or

"drones" must be approved prior to operation on TWU campuses as per TWU

URP 04.460.

2. To obtain approval, contractors must complete the Risk Management Drone Application form online.

3. Drone use on campus must meet the requirements set by the FAA UAV Rule Part 107, including operation by an individual with a Remote Pilot Certificate.

4. Please note that all three TWU campuses are located in Class D airspace, which requires FAA approval prior to all outdoor drone operations; this can take up to 90 days to obtain.

1.4 PATENTS AND LICENSES

A. Contractor is responsible for determining the need for and obtaining any patent licenses required by procedures to be used on this Project.

B. Contractor shall submit a list of licenses required and copies of licenses obtained as attachments to the Bid Form.

1.5 ASBESTOS CONTAINING MATERIALS

A. Pursuant to the State of Texas House Bill 1927 passed May 15, 2001, the contractor may not provide or install any material that contains asbestos.

B. Pursuant to the State of Texas House Bill 509 passed April 20, 2001, Texas Woman’s

University has on file and accessible for review asbestos surveys of existing buildings.

C. In the event asbestos or asbestos appearing material is encountered during the course of the Contract, the applicable requirements of Title 40 Code of Federal Regulations, Part 61, Subpart M and Texas Department of Health General Rules, Chapter 101, shall be strictly adhered to.

1.6 CONTRACTOR'S RESPONSIBILITY FOR WORK AREA VENTING

A. Whenever products or processes are used that emit noxious, toxic, and/or nuisance fumes or exhausts, or produce excessive dusts, it will be the Contractor's responsibility to vent these fumes, exhausts, or dusts to the atmosphere. If ventilation is not feasible, alternative processes, products, equipment, or filtration shall be used to reduce impact to occupied buildings.

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B. Products and processes included in these requirements include, but are not necessarily limited to, the following:

1. Paint (as used herein means all coating systems materials including primers, emulsions, epoxy, enamels, sealers, fillers and other applied materials).

2. Adhesives (includes cements, glues, resins, phenols, etc.)

3. Sealants and caulks (permanently elastic materials, i.e. silicone, latex, polysulfide, etc.)

4. Petroleum-based fuels (diesel, gasoline, etc.) and equipment/machines that utilize them for energy

5. Concrete cutting, coring, drilling, demolition, and other processes that may generate dust, including silica dust.

C. Shut down and lock out all heating and air conditioning system components that are in supply or pass through the work area. Seal all intake vents. Seal all vents that do not exhaust outside the building.

1.7 USE OF SITE

A. Owner will provide electrical power and water for construction purposes without charge provided it is readily available from an existing TWU source. Contractor shall furnish all wiring, hoses, fittings, devices, and accessories required for their operation and shall remove same at completion of the Work. If electrical power and water are not available from an existing TWU source, then the contractor is responsible for arranging for and paying for those services.

1. Contractor shall provide all necessary temporary wiring and extensions for connection to Owner power source.

2. Contractor shall provide licensed electrician to make connection to Owner power source and install in a manner approved by TWU.

B. Throughout the duration of this Project, the Owner will continue to perform normal activities in and around the building. Proper and safe access to the Owner-occupied areas shall be maintained at all times.

C. The Contractor shall protect and be responsible for any damage to their work or materials, 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 the period.

D. Storage:

1. Materials will be stored on the project site where designated by the Owner.

2. The Contractor will provide any storage facility required for their equipment. All storage areas are to be kept clean and free of fire hazards. Dirty or contaminated materials will be removed daily.

1.8 DEMOLITION

A. Salvageable items not claimed by the Owner shall be removed from the site. Storage and/or sale of items on the site is not permitted.

B. Where indicated on Drawings as "Salvage-Deliver to Owner”, carefully remove indicated items, clean, store, and turn over to Owner.

1.9 WASTE DISPOSAL

A. The Contractor is responsible for the legal disposal of all trash and debris. There shall be no dumping on University property.

B. All trash and debris shall be thoroughly removed from the construction area daily. No significant amounts of trash or refuse shall be permitted to accumulate in any occupied areas. Contractor shall keep all exit aisles and exit ways clear of any and all obstructions at all times.

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C. The contractor shall be responsible to remove all construction debris that become airborne and drift away from the immediate construction site.

D. Any damage to adjacent property, either public or private, as a result of any construction activity shall be corrected immediately to the Owner’s satisfaction.

E. The Contractor shall notify Risk Management of all hazardous waste generation in advance, if possible, or immediately upon generation when unanticipated. The Contractor must comply with all applicable EPA (40 CFR Parts 260 – 273) and TCEQ (30 TAC Chapter 335) regulations and provide TWU with all relevant documentation, including but not limited to, sampling documentation, waste determinations, manifests, and land disposal restriction forms.

1.10 TRUCK ACCESS AND PERSONNEL PARKING

A. The University will impose a fine of $500.00, per occurrence, for a Contractor owned or

Contractor employee owned motor vehicle traveling or parking on University owned sidewalks, lawn areas, or improved areas without the express written approval of the Owner.

B. The Contractor shall exercise extreme care to prevent damage to pavement, walks, landscaping, and other existing facilities and improvements. Any damage resulting from work performed under this contract shall be repaired as directed by the Owner and at no cost to the Owner.

C. Privately owned vehicles and Contractor vehicles not actively engaged in construction operations shall be parked in the area designated by the Owner.

D. The Contractor is responsible for obtaining temporary Texas Woman's University parking permits for both their own and their employee's vehicles. Permits may be obtained from the TWU Department of Public Safety, located at 1201 Oakland Street on the Denton campus, on the first floor of the TWU T. Boone Pickens Institute of Health Sciences on the Dallas campus, or on the first floor of the TWU Institute of Health Sciences on the Houston campus.

E. Any parking violations issued to vehicles registered to contractors or subcontractors associated with the construction project must be paid in full prior to final payment by TWU to the General Contractor.

1.11 MONTHLY APPLICATIONS FOR PAYMENT

A. Contractor's request for payment shall be submitted on the following forms:

1. TWU Document G202 Application and Certificate for Payment (Electronic file shall be made available to successful contractor).

2. TWU does not have a standard Continuation Sheet.

3. HUB (HSP) Progress Assessment Report form shall accompany each application for payment. Failure to do so will prevent payment processing (Electronic file shall be made available to successful contractor).

1.12 SIGNS

A. No signs or advertisements may be displayed without written approval from the Owner.

1.13 CONSTRUCTION TIME AND LIQUIDATED DAMAGES

A. The Agreement will include a stipulation that the Work be completed ready for the

Owner's acceptance no later than a date established in the Notice to Proceed, fully realizing that the Contract will carry liquidated damages provisions.

B. The Agreement will include a stipulation of liquidated damages. The amount of damages

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C. REF: UGC ARTICLE 9.10 "Failure to Complete Work within the Contract Time"

Should the Contractor fail to complete the Work within the Contract period, including approved extensions of time, the Owner will suffer financial loss; therefore, for each and every calendar day the Work, or any portion thereof, shall remain incomplete, the amount per calendar day given in the following schedule will be deducted from the money due or to become due to the Contractor, not as a penalty, but as agreed liquidated damages and added expense including administrative and inspection costs.

1.14 CODES AND REGULATIONS

A. Contractors shall comply with all local, state, and federal laws, regulations, ordinances applicable to this construction.

B. The following list are applicable codes and regulations that shall be complied with fully in the installation of the work:

ADA Accessibility Guidelines ANSI 17.1, Standard for Elevators, Dumbwaiters and Escalators.

ASHRAE 62-1989, Ventilation for Acceptable Indoor Air Quality.

EIA/TIA 568, 569, Standards for Commercial Building Telecommunications Wiring, Pathways & Spaces.

NFPA 70, National Electric Code (NEC).

NFPA 10, Standard for Portable Fire Extinguishers.

NFPA 13, Standard for the installation of Sprinkler Systems.

NFPA 72, National Fire Alarm and Signaling Code NFPA 101, Life Safety Code.

State of Texas, Energy Conservation Design Standard for New State Buildings.

Texas Accessibility Standards (TAS) of the Architectural Barriers Act.

State of Texas, Sprinkler Rules; Extinguisher Rules; Rules and Regulations of Sales, Installations, Maintenance and Servicing of Fire Detection and Fire Alarm Devices and Systems, and Article 5.43.3 Texas Insurance Code.

International Building Code or applicable local building code.

International Mechanical Code.

International Plumbing Code.

International Fire Code.

1.15 HISTORICALLY UNDERUTILIZED BUSINESS PLAN

A. It is the policy of Texas Woman’s University (TWU) to actively seek the involvement of

Historically Underutilized Businesses (minority-owned and women-owned businesses)

Contract Amount for More Than

$ 1 $ 25,000 $ 50,000 $ 100,000 $ 500,000 $1,000,000

Contract Amount To Including

$ 25,000 $ 50,000 $ 100,000 $ 500,000 $1,000,000

Calendar Day

$100 $150 $200 $300 $400 $500

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Further, the State of Texas has adopted a law that requires each agency of the State of Texas, including TWU, to maximize opportunities for Historically Underutilized Businesses (HUBs) to provide materials, supplies, equipment, and services.

B. In effect and until the expiration of one year after final completion, the Owner may require information from the Contractor, and may conduct audits, to assure that the Plan is being followed/was followed. Failure of the Contractor to comply with the HUB plan will result in the Contractor’s removal from the University bidders list for future projects.

1.16 CONSTRUCTION WORK LIMITATIONS

A. All buildings will be fully occupied during construction. Contractor shall be allowed access during normal working hours where possible. However, any interruption of service must be coordinated with the Facilities Management Construction Observer’s office.

B. During the course of construction, buildings will be occupied. The contractor shall be required to limit all unnecessary noise. No radios, tape players, or similar equipment will be permitted on the site. The contractor and/or subcontractors, from time to time, may be required by the University to cease any construction activity in which noise, dust, vibration, odor, disruption of utilities or services, or other type of sensory distraction is created. Contractor may be required to perform these activities after normal working hours or on weekends. No additional time extension or additional compensation to the Contract will be granted for delays created by the temporary suspension of work if requested by the University for the reasons listed above.

C. Use of tobacco is not permitted on any campus of TWU. Anyone found violating this policy will be immediately asked to leave the project site and reported to project superintendent. Second violations will result in a permanent ban of each violator from working on campus.

D. The Contractor shall leave the work site floor free of construction debris at the end of each day and secure equipment and cover holes in wall or floors opened for construction.

The contractor must provide their own cleaning equipment. Use of University equipment will not be allowed.

1.17 CONSTRUCTION KEY POLICY

A. Keys for temporary use during construction will be issued in accordance with the TWU Access Key Control Policy.

B. Keys to doors in construction areas will be provided to the General Contractor. For each key requested, the General Contractor shall submit a key request to the TWU Work Control Department. Keys that are issued will be the responsibility of the General Contractor. Keys remain the property of the State, entrusted to the individual key holder for their exclusive use, and must be returned when no longer needed.

C. If keys are lost, stolen or not returned to the Project Manager or Physical Plant, it will be determined whether locks require re-keying. The General Contractor will be required to pay to re-key the area affected per the TWU key policy.

D. Final payment will not be made to the General Contractor until all keys have been returned. Payment for any non-returned keys will be deducted from the final payment to the General Contractor.

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END OF SPECIAL CONDITIONS