MD ANDERSON Project No.XX-XXXX / md anderson PROJECT NAME
A/E Name / Issue Description
A/E Project No. / Month, 00, 0000

SECTION 00 25 00 – owner’s special conditions

PART 1 - GENERAL

1.01RELATED DOCUMENTS

  1. Drawings and general provisions of the Contract, including General Conditions and Division01 Specification Sections, apply to this Section.
  2. Specifications throughout all Divisions of the Project Manual are directly applicable to this Section, and this Section is directly applicable to them.
  3. The Contractor's attention is specifically directed, but not limited, to the Uniform General and Supplementary General Conditions for University of Texas System Building Construction Contracts (UGC) for other requirements.
  4. Attachment "A” (To Owner’s Special Conditions) – Minimum Wage Rate Determination. Pursuant to the UGC, the attached schedule identifies the Prevailing Wage Rate determination as applicable to the Project location.
  5. Attachment "B” (To Owner’s Special Conditions) – Facilities Planned Utility Outages Policy.
  6. Attachment "C” (To Owner’s Special Conditions) - Project Sign Layout. [May not be applicable to all Projects].
  7. Attachment"D” (To Owner’s Special Conditions) - Bastrop Visitation and Tour Policy Statement and Medical Documentation Requirements. [Applicable to Bastrop Projects only].

1.02SUMMARY

[DELETE ALL BLUE COMMENTSFROM WITHIN THIS SECTION PRIOR TO FINAL PUBLISHING.]

[THE FOLLOWING SPECIAL CONDITIONS ARE STANDARD FOR “TYPICAL” THE UNIVERSITY OF TEXAS MD ANDERSON CANCER CENTER (MD Anderson) PROJECTS AT MD anderson-DESIGNATED FACILITIES. THE OWNER’S PROJECT MANAGER SHALL EDIT THIS SECTION WITH THE ARCHITECT/ENGINEER AS NECESSARY. DO NOT ADD ANYTHING THAT IS ALREADY IN THE UGC OR ANY OTHER OWNER’S FRONT END SPECIFICATION.]

  1. 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. For projects for which the construction phase is divided into multiple stages, these Owner’s Special Conditions shall be reviewed, updated as warranted, and resubmitted with GMP Proposal associated with that stage of the construction work.

1.03REFERENCE STANDARDS

  1. The latest published edition of a reference shall be applicable to this Project unless identified by a specific edition date.
  2. All reference amendments adopted prior to the effective date of this Contract shall be applicable to this Project.
  3. All materials, installation and workmanship shall comply with all applicable requirements and standards.
  4. Texas Medical Center Architectural Standards and Texas Medical Center Stormwater Management Design Guidelines are applicable to all Projects located within the TexasMedicalCenter.
  5. Owner’s underwriter requirements are applicable to all Projects.

1.04definitions

  1. The term “Owner’s Project Manager” as used throughout the Contract Documents means an individual authorized by the Ownerto administer the Project.
  2. Outage - A temporary disruption of normal operation or use of utilities, sidewalks, parking areas, driveways or facility access.
  3. Planned Utility Outage - An event that can be foreseen and has a plan of action in place to accomplish specific tasks during a utility outage.
  4. Utility - Any service provided by an outside source or manufactured in house (gas, water, electricity, fire suppression water, telecommunications, data systems, building automation systems,fire alarm systems, etc.) which facilitates building operations.
  5. The terms “outage” and “shutdown” are used interchangeably throughout the Contract Documents.
  6. Work Day - A day in which work is planned, excluding weekends and holidays.
  7. The terms “work day” and “business day” are used interchangeably throughout the Contract Documents.

[ARCHITECT/ENGINEER - COORDINATEWITH THE OWNER’S PROJECT MANAGER AND VERIFY WHETHER or NOT THENORMAL WORKING HOURS FOR THE PROJECT ARE TO VARY FROM THE TIMES NOTED. IF SO, ADJUST THE FOLLOWING PARAGRAPH.]

  1. Normal working hours are considered as work being performed between 6:00 A.M. and 6:00 P.M. Monday through Friday, excluding holidays.
  2. The terms “normal hours” and “regular hours” are used interchangeably throughout the Contract Documents.
  3. Weather Day – A “weather day” is a day on which the Contractor’s current schedule indicates Work is to be done, and on which inclement weather occurs and resultant site conditions or inaccessibility to the site prevent the Contractor from performing five hours of Work associated with the Project’s critical activities during normal working hours.

1.05Owner’s Right of Occupancy

  1. The Owner may occupy or use all or any portion of the Work following Substantial Completion, or at any earlier stage of completion. Should the Owner wish to use or occupy the Work, or part thereof, prior to Substantial Completion, the Owner’s Project Manager will notify the Contractor in writing and identify responsibilities for security, maintenance, and insurance.
  2. Work performed on the premises by third parties on the Owner's behalf does not constitute occupation or use of the Work by the Owner for purposes of this Article.
  3. All Work performed by the Contractor after occupancy, whether in part or in whole, shall be at the convenience of the Owner so as to not disrupt Owner’s use of, or access to occupied areas of the project.
  4. Contractor shall follow the Planned Utility Outage Procedure specified within this section when performing Work affecting any occupied facility.

1.06minimum wage rate determination

  1. The Contractor shall comply with all requirements of Texas Government Code Chapter 2258, Prevailing Wage Rates.
  2. Wage rates identified in Attachment “A” (To Owner’s Special Conditions) are titled “Prevailing Wage Determination, dated December 31, 2009.
  3. 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.

1.07weather days

  1. Weather days are excusable delays. When weather conditions at the site prevent work from proceeding, immediately notify the Owner’s Project Manager for confirmation of the conditions. At the end of each calendar month, submit to the Owner’s Project Manager a list of Weather Days occurring in that month along with documentation of the impact on critical activities. Based on confirmation by the Owner’s Project Manager, any time extension granted will be issued by Change Order. If the Contractor and Owner cannot agree on the time extension, the Owner may issue a Unilateral Change Order for fair and reasonable time extension.

1.08separate contracts

[IF APPLICABLE - EDIT AS NECESSARY]

  1. As provided in the UGC, the Owner may award other contracts for other portions of the Project. Additional separate contracts may include [INSERT WORK DESCRIPTION].

PART 2 - PRODUCTS

2.01GENERAL

  1. All materials shall meet or exceed all applicable referenced standards, federal, state and local requirements, and conform to codes and ordinances of authorities having jurisdiction.

2.02alternates

[IF APPLICABLE - EDIT AS NECESSARY]

  1. Alternate No. 1 - [IF APPLICABLE - EDIT AS NECESSARY]
  2. Alternate No. 2 - [IF APPLICABLE - EDIT AS NECESSARY]
  3. Alternate No. 3 - [IF APPLICABLE - EDIT AS NECESSARY]
  4. [ADD ALTERNATES AS NECESSARY]

2.03OWNER’S SPECIAL CASH ALLOWANCES

[IF APPLICABLE; COMPETITVE SEALED PROPOSALS ONLY- EDIT AS NECESSARY]

  1. A total Owner’s Special Cash Allowance of $[INSERT AMOUNT] shall be included in the Contractor's base proposal amount, to cover expenses identified below. The Contractor shall confirm the costs and inform the Owner at least thirty (30) days prior to purchase or payment. The Contractor shall be reimbursed through a reduction in the scheduled Owner’s Special Cash Allowance amount.
  2. The Owner 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 Owner is not exempt from permit(s) and fee(s) requirements for work in public rights of way or outside the boundaries of the Owner's property.
  3. [IF APPLICABLE - EDIT AS NECESSARY] Permanent improvements or utility service with related permits, governmental or utility company inspections or related fees may be required. It is anticipated that such a fee shall be necessary for [INSERT WORK DESCRIPTION] in the amount of $[INSERT AMOUNT].

[INSERT OTHER SPECIAL CASH ALLOWANCES AS DETERMINED BY THE OWNER’S PROJECT MANAGER AND PROJECT ARCHITECT/ENGINEER]

[THE OWNER’S PROJECT MANAGER SHALL EDIT THE FOLLOWING ARTICLES ON BUILDERS RISK ENDORSEMENTS AS APPLICABLE TO THE PROJECT. THE ARTICLES SHALL BE FINALIZED PRIOR TO ISSUANCE TO THE CONTRACTOR OR EXECUTION OF A GMP.]

2.04BUILDERS RISK ENDORSEMENTS

[FOR ALL REPAIR & RENOVATION PROJECTS, SIGNIFICANT ADDITIONS, OR PROJECTS THAT INVOLVE PORTIONS OF WORK CONTAINED WITHIN, TYING INTO, OR TUNNELING UNDER AN EXISTING STRUCTURE, OR CONNECTed TO AN ADJACENT, EXISTING STRUCTURE, the following article SHALL BE INCLUDED TO REPLACE THE STRUCTURE(S) TO COVER COSTS ASSOCIATED WITH A CATASTROPHIC LOSS. REFER TO THE INSURANCE SECTION OF THE UGC FOR ADDITIONAL INFORMATION. THE ESTIMATED REPLACEMENT VALUE AMOUNT MAY BE OBTAINED BY CONTACTING UT SYSTEM OFFICE OF RISK MANAGEMENT AT (512) 499-4401.

  1. For Coverage of Existing Building Structures:
  2. Contractor shall include an endorsement on the Builders Risk Insurance policy to provide coverage for the existing building structure(s), including its/their contents, as described below. Coverage shall be in the amount equal to either $5 million or the estimated replacement value of the existing building structure and its contents, whichever is less.
  3. The purpose of this coverage is to fund the $5 million deductible under the Owner’s existing property insurance policy which addresses the risk and possible cost of claims to repair damage to existing structure(s) (this purpose should be explained to the Builders Risk Insurance carrier when requesting the quote). The existing building structure(s) to be covered is the [INSERT BUILDING NAME] building, and its estimated building replacement value is $X,XXX,XXX. Its estimated contents value is $X,XXX,XXX.

FOR PROJECTS WHERE THE USERS / OCCUPANTS ARE EXPOSED TO SIGNIFICANT RISK IF THE PROJECT COMPLETION DATE IS DELAYED, THE following article should BE INCLUDED AS DETERMINED BY THE INSTITUTION TO COVER COSTS ABOVE AND BEYOND THE STANDARD BUILDERS RISK POLICY.

  1. Soft Costs, Loss of Rents, Gross Earnings:
  2. Contractor shall provide an alternate price to include an endorsement on the Builders Risk Insurance policy to provide the following additional coverage:

[ENTER THE FIGURES AND COVERAGE DESCRIPTIONS FROM THE “BUILDERS RISK ADDITIONAL COVERAGE WORKSHEET” COMPLETED BY THE INSTITUTION.]

  1. Period of Indemnity [ENTER 365 DAYS OR TIME PERIOD ON THE WORKSHEET]

[EDITOR’S NOTE: APPLIES TO PROJECTS LESS THAN $20 MILLION. DELETE IF PROJECT IS GREATER THAN OR EQUAL TO $20 MILLION]

  1. Maximum Deductible: 14 Days

[EDITOR’S NOTE: APPLIES TO PROJECTS GREATER THAN $20 MILLION. DELETE IF PROJECT IS LESS THAN $20 MILLION]

  1. Maximum Deductible: 30 Days
  1. Umbrella Liability Limits:
  2. For Non-ROCIP Projects, Limits as follows:
  3. No Umbrella Required
  4. If Contract Sum is greater than $1,000,000 up to $3,000,000:
  5. $1,000,000 each occurrence and $2,000,000 annual aggregate
  6. If Contract Sum is greater than $3,000,000 up to $5,000,000:
  7. $5,000,000 each occurrence and $5,000,000 annual aggregate
  8. If Contract Sum is greater than $5,000,000:
  9. $10,000,000 each occurrence and $10,000,000 annual aggregate
  10. Builder’s Risk Limits
  11. For purpose of purchasing builder’s risk insurance on the entire Work, the cost of materials supplied or installed by others is currently estimated to be $XXXXXX. [INSERT THE ESTIMATED VALUE OF THE INSTITUTION MANAGED WORK.]

2.05TEMPORARY FIELD OFFICE STRUCTURES, FURNISHINGS AND EQUIPMENT

[IF APPLICABLE - EDIT AS NECESSARY. DELETE OR REDUCE SCOPE FOR RENOVATION PROJECTS]

  1. The Contractor shall coordinate and direct the Work of the Project from the Site.
  2. The Contractor shall provide and maintain at least one (1) temporary field office that is adequately staffed, furnished, and equipped.
  3. All arrangements for temporary field offices shall be as agreed upon with the Owner’s Project Manager. Costs for temporary field office(s) shall be included in the Contractor's Schedule of Values Breakdown and included with the Contractor’s regular monthly Progress Payment.
  4. Temporary field office(s) shall be secure, weather-tight, well-lighted, air-conditioned, heated, and shall include provisions for telephones, copier, facsimile machines, internet connection services, conference area(s), functioning toilet facilities, and maintenance of all Project files.
  5. The Contractor shall provide weekly janitorial services for all temporary field office(s) including, but not limited to, supplying and servicing of toilet facilities.
  6. Temporary field office(s) shall have adequate and safe entries, including steps with railings and landings or stoops as required, and shall provide hard surface walkways to connect the field office structures to one another and to site entry or exit.
  7. Conference areas shall include at least one (1) primary area suitable for up to fifteen (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 prints of Work Progress Schedules and work placement plans.
  8. The Contractor shall provide and maintain temporary field office(s) until Final Completion and shall remove temporary field office(s) only after obtaining concurrence from the Owner.
  9. The Contractor shall provide and maintain at least one (1) new (not refurbished) temporary field office for the Owner, as approved by the Owner, for a period from the Notice to Proceed for Construction to Final Completion, and is only to be removed with concurrence of the Owner.
  10. The Owner’s temporary field office shall be a minimum of eleven (11) feet, eight (8) inches wide and fifty two (52) feet long, partitioned to provide for three (3) separate work areas including two entry doors with keyed locks. Provide window treatments to block direct sun.
  11. The Owner’s temporary field office shall be provided with the following new furniture and equipment:
  12. One (1) 42-inch x 72-inch layout table;
  13. One (1) 42-inch x 96-inch conference table, including at least fifteen (15) chairs;
  14. One (1) plan storage area capable of holding thirty (30) sets of full size drawings;
  15. Three (3) five-high vertical or lateral filing cabinets; provide a fireproof safe with combination lock;
  16. Two (2) 36-inch x 72-inch double pedestal desks with ergonomic chairs with casters;
  17. One (1) digital copier (115 volt / 15 amp) with at least thirty (30) page per minute copy speed, automatic document feeder, auto duplex, collator, two (2) standard paper trays, and monthly service agreement including supplies;
  18. One (1) multifunctional color printer/scanner/fax device with at least two (2) one hundred (100) sheet paper trays and document feeder with monthly service agreement including supplies;
  19. Three (3) telephones;
  20. One (1) high-speed business-class DSL internet connection and router, with at least Category 5 network cable wiring, four (4) port ethernet switch supporting 100mbit speeds, four (4) network jacks available for users. Advanced port replicators with integrated network adapter for each user. Where Contractor is interconnected with the Owner’s network, equipment and setups shall be as directed by Owner’s Information Systems network management personnel.
  21. The Contractor shall provide field office(s) and storage shed/trailer accommodations as necessary for the major Subcontractor(s) to adequately perform their respective work.
  22. All storage sheds/trailers shall be secure and weather-tight for the storage of tools and all materials, which may be damaged by the weather. All storage-shed floors shall be raised at least six inches above finished grade.
  23. Temporary field office layout is as follows:

2.06TOILET FACILITIES

[TO SUIT PROJECT - EDIT AS NECESSARY]

  1. In addition to toilet facilities required within construction trailers, Contractor shall provide toilet facilities for workers at the Site, shall post notices, and take such precautions as may be necessary. Refer to Section 01 35 23 - Project Safety, for additional requirements.
  2. Contractor shall provide toilet facilities from Notice to Proceed until Final Completion that comply with OSHA regulations and as required herein. Toilet facilities shall comply with all applicable State and local regulations. Quantity, type, and location of facilities shall be subject to acceptance by Owner.
  3. Contractor shall service, clean, and sanitize toilet facilities at least daily and as frequently as necessary to maintain them in a safe, clean, and sanitary condition. Contractor shall maintain at the Site, a record of the servicing, cleaning, and sanitizing of the facilities for the duration of the Project.
  4. The use of toilet facilities installed under this Project and/or existing campus facilities is not allowed unless prior written approval has been obtained from Owner.
  5. If Owner authorizes the use of specific campus toilet facilities, Contractor shall assure all persons employed on the Project use only authorized toilet facilities. Contractor shall post notices and take such precautions as may be necessary to assure compliance.
  6. Toilet Facilities: Portable field toilet facilities shall conform to ANSI Z4.3 and shall comply with the following:
  7. There shall be a toilet paper holder and an adequate supply of toilet paper. If the facility is intended for use by female workers, there shall be a disposal receptacle for sanitary napkins.
  8. The toilet facility shall afford the user privacy and protection from weather and from falling objects.
  9. There shall be a self-closing door that can be locked from inside the toilet facility.
  10. The toilet facility shall be illuminated by natural or artificial light and adequately ventilated.
  11. A sign shall indicate if the toilet facility is intended for use by males only or by females only.
  12. Toilet facilities shall be located so as to be conveniently accessible to employees working on the Site, but not so close to the Work location as to cause a nuisance to those employees or any adjacent areas.
  13. Where the Project extends over multiple floor levels, toilet facilities shall be located at least at each fifth floor so that workers do not have to walk more than two floors to reach the facilities.

2.07PROJECT FENCING

  1. The Contractor and Subcontractors shall confine their activities to the Site and in no way obstruct any other part of the campus or utilize any campus facilities for any purpose.
  2. Upon mobilization, the Contractor shall build a substantial wire mesh fence (or other type fence) as directed by Owner, at least six (6) feet high as shown on the site plan, completely surrounding the Site. Posts shall be placed not more than eight (8) feet apart and securely set in the ground. Wire mesh shall be tightly stretched over the supports.
  3. The 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. Contractor shall properly maintain fences and gates shall be properly maintained until Substantial Completion, and only removed with concurrence from the Owner.

2.08PROJECT COMMUNICATIONS PLAN