ESBD_File_334512_Michael WWTP Solicitation .pdf

696-FD-23-B037-A

Replace Clarifier – WWTP – Michael Unit Packing Plant Tennessee Colony, Texas.

SOLICITATION, OFFER AND AWARD

(Construction, Alteration, or Repair)

Page 1 of 96 Pages

IMPORTANT – The “offer” section on Page 2 must be fully completed by offeror.

1. CONTRACT NO. 2. SOLICITATION NO.

3. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

4. DATE ISSUED

August 23, 2023

5. PROJECT NO.

03622001

6. TRACKING NO.

036782

7. ISSUED BY 8. ADDRESS OFFER TO

Texas Department of Criminal Justice Contracts and Procurement Construction, Utilities & Environmental Branch Two Financial Plaza, Suite 703 Huntsville, Texas 77340

Texas Department of Criminal Justice Contracts and Procurement Construction, Utilities & Environmental Branch Two Financial Plaza, Suite 703 Huntsville, Texas 77340 Attn: Bailey Ham, CTCD, CTCM

9. FOR INFORMATION

CALL: ➔

A. NAME

Bailey Ham, CTCD CTCM – Primary Kelly Scott, CTCD CTCM – Secondary

B. TELEPHONE NO. (NO COLLECT CALLS)

(936) 437-3849

(936) 437-3855

Document Type: 9 Statutory Cite: 2166.003 (b)

ESTIMATED BUDGET: $1,715,200.00

SOLICITATION

NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.

10. THE STATE REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):

Replace the mechanical parts of the clarifier at the wastewater treatment plant. – WWTP. – Michael Unit Packing Plant located in Tennessee Colony, Texas

As designed by:

RPS

575 Dairy Ashford Ste. 700 Houston, Texas 77079 Cosme Reyes P.E.

Please provide the following information:

DUNS # TAX ID # CHARTER #

11. The Contractor shall begin performance within ten (10) Days and complete it within four hundred sixty-two (462) Days as specified in the Notice to Proceed. This performance period is mandatory, negotiable. (* SEE SECTION F)

12A. THE CONTRACTOR MUST FURNISH, AT ITS OWN EXPENSE ANY REQUIRED

PERFORMANCE AND PAYMENT BONDS?

(If “YES”, indicate within how many Days after award in Item 12B.)

YES NO

12B. DAYS

13. ADDITIONAL SOLICITATION REQUIREMENTS:

A. Sealed offers in original and two (2) copies to perform the work required are due at the place specified in Item 8 by 3:00 pm local time on September 29, 2023. If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.

B. An offer guarantee is, is not required.

C. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the Solicitation in full text or by reference.

D. Offers providing less than one hundred eighty (180) Days for acceptance after the date offers are due will not be considered and will be rejected.

Tennessee Colony, Texas

OFFER (Must be fully completed by offeror)

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

15A. Telephone No. (Include Area Code)

16. EMAIL ADDRESS

AMOUNTS

SEE BID SCHEDULE

17. The offeror agrees to furnish any required performance and payment bonds.

18. ACKNOWLEDGMENT OF ADDENDA / AMENDMENT

(The offeror acknowledges receipt to the solicitation – give number and date of each)

ADDENDA/

AMENDMENT

NO.

DATE

19A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

19B. SIGNATURE 19C. OFFER DATE

AWARD (To be completed by State)

20. ITEMS ACCEPTED:

21. AMOUNT 22. AMOUNT IN WRITING

23. ADMINISTERED BY

Contracts and Procurement, Information Technology, Construction and Utilities Branch Two Financial Plaza, Suite 525 Huntsville, TX 77340

24. PAYMENT WILL BE MADE BY

Accounts Payable P.O. Box 4018 Huntsville, TX 77342-4018

STATE WILL COMPLETE ITEM 25 OR 26 AS APPLICABLE

25. NEGOTIATED AGREEMENT The Contractor is required to sign this document and return one (1) copy to issuing office. The Contractor agrees to furnish and deliver all items or perform all requirements identified on this form and any continuation sheets for the consideration stated in this Contract. The rights and obligations of the parties to this contract shall be governed by (a) this Contract award, (b) the Solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this Contract.

26. AWARD: Your offer on this Solicitation to the items listed above is accepted subject to Section D. Conditions Precedent to Award. The Contract Documents consist of (a). all documents included in TDCJ Solicitation Number 696-FD-23-B037- A and Solicitation Addenda/Amendments; (b). all documents included in your Offer;

and (c) this Solicitation, Offer and Award Document.

27A. NAME AND TITLE OF CONTRACTOR OR PERSON

AUTHORIZED TO SIGN (Type or print)

28A. NAME AND TITLE OF THE TDCJ

Bryan Collier Executive Director

27B. SIGNATURE 27C. DATE 28B. TEXAS DEPARTMENT OF CRIMINAL JUSTICE 28C. AWARD

DATE

SUMMARY OF KEY DATES FOR PROPOSAL SUBMISSION

August 23, 2023 Post to ESBD

September 6, 2023 10:00 AM Site Visit

September 13, 2023 3:00 p.m. Last Day to Submit Written Questions for Clarification to the Department

September 20, 2023 5:00 p.m. Last Day to Submit Responses to Offerors Questions

September 29, 2023 3:00 p.m. Deadline for Receipt of Proposals in Huntsville Late Offers will not be accepted.

TABLE OF CONTENTS

Page

Section A, Solicitation, Offer and Award

Section B, The Schedule (Bid Schedule)

Section C, Specification and Drawings

Section D, Conditions Precedent to Award

Section E, Inspection and Acceptance

Section F, Deliveries or Performance

Section G, Contract Administration Data

Section H, Special Conditions

Section I, General Conditions

Section J, List of Documents, Exhibits and Attachments

Section K, Representations, Certifications and Other Statements of Bidders

Section L, Instructions, Conditions and Notices to Offerors

Section M, Evaluation Factors for Award

SECTION C

SECTION B

THE SCHEDULE

BID SCHEDULE

ITEM NO. DESCRIPTION QUANTITY PRICE

001 Base Bid

Replace clarifiers mechanical parts. The clarifiers concrete containment is in reasonable condition; however, the metal components are non-compliant. The old metal components shall be removed and disposed of. The interior concrete clarifier shall be repaired and coated with a protective liner. New components to be installed shall include a new drive assembly, scraper mechanism, skirt, effluent weir, effluent pipe, inlet through, race skimmer, bridge assembly with handrail, scum pipe with lever arm and electrical services. – WWTP – Michael Unit, Tennessee Colony, Texas as shown by the construction plans as prepared by Engineering Company

/ RPS.

Lump Sum $

The Base Bid is separated as follows:

(1) Materials incorporated into the realty (Cannot be less than the price Contractor paid for materials) $

(2) Labor $

(3) Overhead and Profit (includes the cost of the Payment and Performance Bonds) $

TOTAL $

RECYCLED MATERIALS

The Texas Department of Criminal Justice is required to (1) eliminate procedures and specifications that discriminate against products made of recycled materials and (2) encourage the use of products made of recycled materials. If product(s) being bid on this Solicitation (a) contains recycled material whether post-consumer or pre-consumer; or (b) is a product that has been remanufactured, rebuilt, or otherwise restored to a like new condition, bidder shall, as part of the bid response, indicate on the appropriate line item if product has recycled content.

SPECIFICATION AND DRAWINGS

(SEE SECTION J, ATTACHMENT NO. 11 AND 12)

SECTION D

SECTION D

CONDITIONS PRECEDENT TO AWARD

The following are conditions precedent to the Award being an enforceable contract. In the event these conditions are not met, this Award shall be null and void and of no force or effect, unless the TDCJ agrees in writing to the contrary.

The conditions precedent to the Award are:

1. Compliance with Section I. General Conditions, Article III., Contract Documents and Bonds, paragraph 3.5

Performance and Payment Bonds;

2. Compliance with Section I. General Conditions, Article V., Contract Responsibilities, paragraph 5.7 Insurance;

3. Compliance with Section K. Representations, Certifications and Other Statements of Bidders, paragraph 1, Historically Underutilized Business (HUB) Representation and Section I, General Conditions, Article II., Laws Governing Construction, paragraph 2.5 Historically Underutilized Business (HUB); and

4. Compliance with Section K. Representations, Certifications and Other Statements of Bidders, paragraph 11, Disclosure of Interested Parties.

SECTION E

INSPECTION AND ACCEPTANCE

1. Inspection and acceptance shall be as stated in the Contract Documents. The TDCJ hereby reserves the right to perform inspections of the Work and any and all inspections performed by the TDCJ or by others for the TDCJ shall be for the sole benefit of the TDCJ. Quality control is and shall remain one hundred percent (100%) the responsibility of the Contractor.

2. INSPECTION OF CONSTRUCTION

A. Definition: “Work” includes, but is not limited to, the construction and services required by the Contract

Documents, whether completed or partially completed, and includes all other labor, materials, equipment, plant and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.

B. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the Work performed under the Contract conforms to Contract requirements. The Contractor shall maintain complete inspection records and make them available to the TDCJ. All Work shall be conducted under the general direction of the TDCJ and is subject to the TDCJ’s inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the Contract.

C. The TDCJ inspections and tests are for the sole benefit of the TDCJ and do not:

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the TDCJ after acceptance of the completed Work under paragraph (i) of this Section.

D. The presence or absence of the TDCJ’s inspector does not relieve the Contractor from any Contract requirement, nor is the inspector authorized to change any term or condition of the specification without the TDCJ’s written authorization.

E. The Contractor shall promptly furnish, at no increase in the Contract Sum, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the TDCJ. The TDCJ may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest necessary. The TDCJ shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the Contract.

F. The Contractor shall, without charge, replace or correct work found by the TDCJ not to conform to the Contract requirements, unless in the public interest the TDCJ consents to accept the Work with an appropriate adjustment in the Contract Sum. The Contractor shall promptly segregate and remove rejected material from the premises.

G. If the Contractor does not promptly replace or correct rejected Work, the TDCJ may:

(1) By Contract or otherwise, replace or correct the Work and charge the cost to the Contractor, or

(2) Terminate for default the Contractor’s right to proceed.

H. If, before acceptance of the entire Work, the TDCJ decides to examine already completed Work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material.

If the Work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the Work is found to meet the Contract requirements, the TDCJ shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the Work was thereby delayed, an extension of Contract Time.

I. Unless otherwise specified in the Contract, the TDCJ shall accept, as promptly as practicable after completion and inspection, all Work required by the Contract or that portion of the Work the TDCJ determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the TDCJ’s rights under any warranty or guarantee.

SECTION F

SECTION F

DELIVERIES OR PERFORMANCE

1. CONTRACT TIME

The performance period for this Contract shall be four hundred sixty-two (462) Days and shall begin on the date designated in the Notice to Proceed. All Work shall be completed within the number of Days designated in the Notice to Proceed, unless otherwise modified by written agreement of the contracting parties.

2. LIQUIDATED DAMAGES - FAILURE TO COMPLETE WITHIN CONTRACT TIME

A. If the Contractor fails to complete the Work within the time specified in the Contract, or any extension, the Contractor shall pay to the TDCJ as liquidated damages, the sum of four hundred and seventy dollars ($470.00) for each available Day of delay.

B. If the TDCJ terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned by the TDCJ in completing the Work.

C. If the TDCJ does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the Work is completed or accepted.

D. In the event that the Contractor fails to complete the Work within the time specified in the Contract and/or the

TDCJ is assessing liquidated damages, the Contractor is bound to faithfully perform all contractual requirements until such time as the Work is satisfactorily completed or accepted by the TDCJ.

SECTION G

SECTION G

CONTRACT ADMINISTRATION DATA

1. POINT OF CONTACT

A. The Contract Specialist shall be the primary point of contact and is responsible for the administration of all matters concerning the Historically Underutilized Business (HUB) program, bonds, insurance, disputes, claims, and all Change Orders estimated at $25,000.00 or more.

B. The Project Administrator shall be the primary point of contact for all on site construction activities. All documents, correspondence, request for changes, Change Orders/Field Orders less than $25,000.00, requests for meetings, pre-final, and final inspections and any and all other activities pertinent to the performance and daily administration of the Contract shall be coordinated with the Project Administrator unless otherwise excepted in the Contract Documents.

2. PAYMENTS

It is recommended that the Contractor receive payments via electronic funds transfer (EFT), also known as Direct Deposit. Regardless as to whether Direct Deposit is chosen, the Contractor shall submit a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form (See Section J, Attachment No. 13) to the following address:

TDCJ Accounts Payable P.O. Box 4018 Huntsville, Texas 77342-4018

If the Contractor has previously submitted a completed Vendor Maintenance Direct Deposit and Substitute W-9 Form to the TDCJ for another separate contract, another form is not required to be submitted. In the event the Contractor elects to decline Direct Deposit on the Vendor Maintenance Direct Deposit and Substitute W-9 Form, the payment will be mailed to the address provided in Section K, Article 16, Remittance Address.

SECTION H

SPECIAL CONDITIONS

The following Special Conditions supplements, modifies, changes, deletes from or adds to the General Conditions as specified herein. Where any Article of the General Conditions is modified or any paragraph or clause thereof is modified or deleted by these Special Conditions, the unaltered provisions of that Article, Paragraph, Sub-Paragraph or Clause of the General Conditions shall remain in effect.

1. CONTRACT DRAWINGS AND SPECIFICATIONS

The Contractor will be furnished four (4) complete sets of the Contract Drawings and Specifications (Project Manual) at no cost to the Contractor.

2. BACKGROUND CHECKS FOR CONTRACT CONSTRUCTION WORKER(S)

A. General Provisions

The Contract Construction Worker(s), by the Contract, are individuals employed by a private construction contractor or Subcontractor and whose access to the TDCJ’s premises or privately operated correctional facilities have been approved by the Warden for the sole purpose of performing construction-related Work authorized by the TDCJ Facilities Division. The Contract Construction Worker(s) shall be subject to stringent security measures and be closely supervised upon access to TDCJ premises. The Contract Construction Worker(s) shall not be issued badges or ID cards, nor allowed to come and go at will.

Contract Construction Worker(s) shall be searched, and the tools and equipment furnished by the Contract Construction Worker(s) shall be carefully inventoried and secured at all times.

B. Minor traffic violations are not considered criminal charges; however, an outstanding warrant resulting from a minor traffic violation shall cause a contract employee to be ineligible for conducting work on a unit or facility.

C. Criminal History Eligibility Criteria

Notwithstanding a misdemeanor conviction and a felony conviction, an individual may be considered on a case-by-case basis for approval to be a Contract Construction Worker provided the individual meets the following eligibility criteria:

1. The individual shall have completed any sentence for criminal offense, including community supervision, and have not been incarcerated in a correctional facility for the previous two (2) year period.

2. The individual shall not have been convicted of any of the offenses listed below (to include soliciting, attempting, conspiring, or aiding others to engage, solicit, attempt, or conspire to commit any of the listed offenses), or have been incarcerated in or sentenced to an adult correctional facility for any felony offense during which violence was used in the commission of the offense.

a. Homicide - (capital murder; murder; manslaughter; or any other homicide offense);

b. Kidnapping - (aggravated kidnapping; kidnapping; unlawful restraint or any other kidnapping offense);

c. Sexual Offense - (rape; sexual assault; sexual abuse; aggravated rape; aggravated sexual abuse;

or any other sexual assault offense including indecency with a child);

d. Robbery - (robbery; aggravated robbery; or any other robbery offense);

e. Assault - (assault; aggravated assault; injury to a child; injury to an elderly person; or any other assault offense); or

f. Offense Involving Use or Exhibition of a Deadly Weapon (includes during the commission of the offense or during immediate flight therefrom and where an affirmative finding on use of a deadly weapon was made by the trial court or jury).

D. Criminal History Background Check

The Facilities Division’s designated staff shall be responsible for:

1. Obtaining a current list of all Contract Construction Worker(s) scheduled to access Agency premises;

and

2. Ensuring that a criminal history background check is performed prior to the individual performing services for the TDCJ and on an annual basis. (Proper and complete documentation is crucial to timely completion of background checks.) The TDCJ makes no commitment as to the length of time to complete a background check. The Contractor agrees that delays in the background check process are not events or occurrences for which time extensions may be granted, unless caused by the TDCJ’s negligence or willful misconduct. Therefore, the Contractor should submit, as soon as practicable, complete and correct background questionnaires for individuals identified to work on a unit/facility.

E. A Contract Construction Worker with a prior conviction/incarceration must meet the following criteria:

1. A Contract Construction Worker must not have any pending charges for any criminal offense or have an outstanding warrant.

2. Former TDCJ employees who have separated employment under certain conditions may not be allowed on the unit/facility.

3. Immediate family members (parent, brother, sister, spouse, child, grandparent, aunt, uncle, nephew, niece) of an inmate may not be allowed on the unit/facility.

4. Contract Construction Worker(s) shall not be allowed to work on a unit/facility to which they have been assigned as a former TDCJ inmate.

5. The Warden, at the Warden’s sole discretion, may deny access to a unit/facility if the Warden believes the Contract Construction Worker(s) may jeopardize the safe and orderly operation of the unit/facility, pose a danger to inmates or employees, or place an undue logistical burden on staff.

3. Disclosure of Prior State Employees

A. In accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, The Contractor certifies that it does not employ an individual who has been employed by the TDCJ or another agency at any time during the two years preceding the submission of the response, or in the alternative, the Contractor has disclosed in its response the following: (1) the nature of the previous employment with the TDCJ or the other agency; (2) the date the employment was terminated; and (3) the annual rate of compensation for the employment at the time of its termination.

4. SPECIAL SECURITY MEASURES

A. The Contractor shall provide the Facilities Division Project Administrator a list of all Contract Construction Worker(s) who will be working on the unit. The Contractor shall daily update/revise the list as Contract Construction Worker(s) are added or terminated and provide the Facilities Division Project Administrator with the current list in effect. The list shall be in alphabetical order by employee's last name and shall include employee's driver's license number and company name. In addition, as new Contract Construction Workers are added to the workforce, the Contractor shall provide the Facilities Division Project Administrator with a completed Non-Employee Background Questionnaire (included herein as Attachment No. 9) in advance of said employees being admitted to the worksite, for the background check to be conducted. Each Contract Construction Worker shall read and sign a copy of the Standards of Conduct for Civilian Construction Contractor’s Employees (included herein as Attachment No. 1) acknowledging and agreeing to abide by these standards.

B. All Contract Construction Workers shall have read TDCJ's PD-22, "General Rules of Conduct and

Disciplinary Action Guidelines for Employees", and PD-29, “Sexual Misconduct with Inmates”, which are located on the Texas Department of Criminal Justice website at http://www.tdcj.texas.gov/divisions/hr/hr-policy/index.html, prior to commencing Work. Failure to adhere to these rules will result in contract employee's expulsion from the unit.

C. The Contractor shall provide a legible photocopy of one of the acceptable primary identification documents as stipulated by the Texas Department of Public Safety, which includes driver’s license, State ID card, Federal ID card or a passport in conjunction with a photocopy of their Social Security Card for all Contract Construction Workers who will be working on the unit.

D. All Contract Construction Workers will report to the job site at the scheduled shift time and proceed into the facility as a group. At the end of the workday, they will all leave in a similar group. Only work crew supervisors will be allowed to leave the unit’s fenced compound under escort to procure additional tools or specialized tools. All Contract Construction Workers may eat their lunch in the work area or exit the unit in a group for lunch. The Contract Construction Workers may not eat in the unit's cafeteria.

E. The Contractor will coordinate with the Unit Warden or designee the collection point for Contract

Construction Workers to enter the fenced compound and measures to be taken to receive required security escort of Contract Construction Workers to construction site if through the unit compound.

F. Tools, generators, ladders, acetylene cutters, vehicular equipment or heavy equipment shall not be stored in the unit fenced compound.

G. The Contractor shall implement measures to disable vehicular or heavy equipment (e.g., vehicles, graders, cherry pickers, etc.) when they are left unattended.

H. The Contractor and Contract Construction Workers shall ensure a clear area be maintained a minimum of eight (8) feet from all fences. This area shall be clear of all debris, weeds, and other construction material. All work sites will be cleared of construction debris at the end of each day. All debris is to be immediately removed to a secure area or to a designated area for disposal.

I. All vehicles will be searched upon entering and/or exiting the unit’s fenced compound.

J. The TDCJ reserves the right to adopt any special rules as may be necessary to preserve the security of the institution should they become necessary. Coordination between the Unit Warden and the Contractor shall be made as those situations arise.

http://www.tdcj.texas.gov/divisions/hr/hr-

K. All Contract Construction Workers appointed by the Contractor who visit any TDCJ unit will be required to comply with that unit's security regulation.

5. EQUIPMENT/SYSTEM DEMONSTRATIONS

The equipment/system demonstrations along with the services to provide instruction in the operation and/or maintenance of equipment and systems to the TDCJ, as called for in the Technical Specifications, shall be scheduled and performed (at a time as directed by the TDCJ) not later than the first thirty (30) Day period after beneficial occupancy.

6. RELATIONSHIP OF PARTIES

The Contractor is acting as an independent contractor and is wholly responsible for the day-to-day operations of its programs and employees; no joint venture, partnership, or agency exists nor shall be implied by the terms of this Contract. No employee of Contractor shall become an employee of the TDCJ by virtue of this Contract.

7. CONFIDENTIALITY

Any confidential information provided to or developed by the Contractor in the performance of the Contract shall be kept confidential unless otherwise provided by law and shall not be made available to any individual or organization by the Contractor or the Department without prior approval of the other party.

8. WAIVER

No waiver by either party of any default of the other under this Contract shall operate as a waiver of any future or other default, whether of a like or different character or nature.

9. SEVERABILITY

If any part of this Contract is contrary to any federal, state, or local law, it is not applicable and such invalidity shall not affect the other provisions or applications of this agreement which can be given effect without the invalid provision or application and to that end the provisions of this Contract are declared to be severable.

10. CONTRACT MODIFICATION

No other agreements, oral or written, shall constitute a part of this Contract unless such be made in writing, executed by the parties hereto or their successors, and expressly made a part thereof, and approved in writing by the TDCJ.

11. BID DEPOSIT (5% of Total Bid)

The Contractor further agrees that the Bid Deposit accompanying this Bid, payable to the TDCJ, and its amount is the measure of damages which the TDCJ will sustain by the failure of the undersigned to execute and deliver the Contract, Performance Bond and Payment Bond, insurance certificates and that if the undersigned defaults in executing the Agreement and/or in furnishing the aforementioned documents within fourteen (14) consecutive Days from Contract award, then the Bid Deposit shall become subject to forfeiture to the TDCJ.

Bid Deposit is not required for bids totaling less than $25,000.00. Acceptable forms of bid deposits are limited to: irrevocable letter of credit issued by a financial institution subject to the laws of Texas; a surety or blanket bond from a company chartered or authorized to do business in Texas and United States Treasury listed; a United States Treasury Bond; or certificate of deposit.

12. STANDARD WORK WEEK

The standard work week shall be Monday through Friday, eight (8) hours per day. Any deviation from the standard work week schedule; including but not limited to weekends, official state holidays, extended hours, night work or four (4) ten (10) hour days; must be approved by the TDCJ.

Utilizing the standard work week, the Contractor shall schedule the Work to be completed within the Contract Time, which is measured in Days rather than scheduled workdays.

Approved work schedules other than the standard work week may be revoked for circumstances beyond the TDCJ’s control or if the Contractor fails to maintain adequate staff, equipment, or supervision for proper execution of the Work.

The actual work hours will be established at the pre-construction conference.

13. NOTICE TO PROCEED

The TDCJ shall issue the Notice to Proceed (NTP) at the Pre-Construction Meeting. The performance period shall commence upon issuance of the Notice to Proceed.

14. CONTRACT SCHEDULE

The Contractor shall comply with the following Special Conditions in conjunction with Section I, Article VIII, Time and Scheduling, of the General Conditions.

14.1 Contractor’s Scheduler

The Project Scheduler shall be responsible for preparing, updating, and maintaining the Project Schedule, and for submitting the reports to the TDCJ required by the Contract Documents. The Project Scheduler shall be responsible for identifying and obtaining all necessary information from Subcontractors, vendors, suppliers and the TDCJ. The Project Scheduler shall be fully authorized to act on behalf of the Contractor with respect to performing all Project Schedule requirements.

The Project Scheduler shall have as a minimum the following qualifications:

(1) Two (2) years of experience in preparing, updating and maintaining Critical Path Method (CPM) construction schedules of fifty (50) activities or more using Primavera. (List such projects and describe the scheduling responsibilities of the proposed Project Scheduler on each).

(2) One year of experience using Primavera software in construction scheduling (List such projects and describe the scheduling responsibilities of the proposed Project Scheduler on each as well as provide contact information for Primavera experience verification).

After award of the Contract and prior to the Pre-Construction Conference, the Contractor shall submit for the TDCJ’s approval a resume evidencing the qualifications listed above to the Project Administrator.

14.2 Activities shall be identified by buildings and activity durations shall be in units of whole workdays. Less than two percent (2%) of all non-procurement activities’ original durations shall be greater than thirty (30) Days.

14.3 Within fourteen (14) Days after the start of the Contract Time, the Contractor shall submit the CPM Schedule.

14.4 The Project Schedule shall be updated on a monthly basis throughout the duration of the Work and until Contract completion.

14.5 Average Days lost monthly due to Anticipated Adverse Weather Days:

Jan Feb Mar April May Jun July Aug Sept Oct Nov Dec

10 8 8 7 8 8 7 7 7 6 7 9

SECTION I

GENERAL CONDITIONS

TABLE OF CONTENTS

ARTICLE I. GENERAL PROVISIONS

1.1 CONTRACT DEFINITIONS

1.2 EXECUTION AND CORRELATION

1.3 INTERPRETATION

1.4 FIXED ASSET ACCOUNTING

1.5 DELIVERY

1.6 PHOTOGRAPHS

1.7 PRE-CONSTRUCTION CONFERENCE

1.8 PROJECT REVIEW MEETINGS

ARTICLE II. LAWS GOVERNING CONSTRUCTION

2.1 COMPLIANCE WITH LAWS

2.2 WAGE RATES

2.3 STATE SALES AND USE TAXES

2.4 ANTITRUST CLAIMS

2.5 HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

2.6 CLEAN WATER ACT AND THE NATIONAL POLLUTION DISCHARGE ELIMINATION

SYSTEM

2.7 VENUE

ARTICLE III. CONTRACT DOCUMENTS AND BONDS

3.1 COPIES FURNISHED - DRAWINGS AND SPECIFICATIONS

3.2 OWNERSHIP OF DRAWINGS AND SPECIFICATIONS

3.3 DRAWINGS AND SPECIFICATIONS AT THE SITE

3.4 "RECORD SET" OF CONTRACT DOCUMENTS

3.5 PERFORMANCE AND PAYMENT BONDS

3.6 INTERRELATION OF DOCUMENTS

3.7 SALES TAX EXEMPTION CERTIFICATE

ARTICLE IV. CONTRACT ADMINISTRATION

4.1 GENERAL ADMINISTRATION

4.2 ARCHITECT/ENGINEER'S ADMINISTRATION

4.3 SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK

4.4 ACCESS TO AND INSPECTION OF THE WORK

4.5 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE

CONTRACTS

4.6 CONTRACT TERMINATION

4.7 WRITTEN NOTICE

4.8 DISPUTED MATTERS

ARTICLE V. CONTRACT RESPONSIBILITIES

5.1 OWNER'S RESPONSIBILITIES

5.2 OWNER-CONTRACTOR OBLIGATIONS

5.3 CONTRACTOR'S RESPONSIBILITIES

5.4 CONTRACTOR'S PROJECT MANAGER

5.5 ACTS AND OMISSIONS

5.6 CONDITIONS AT SITE OR BUILDING

5.7 INSURANCE

5.8 SAFETY PRECAUTIONS AND PROGRAMS

5.9 MATERIALS AND WORKMANSHIP

5.10 TESTS

5.11 REMOVAL OF DEFECTIVE WORK

5.12 ROYALTIES AND PATENTS

5.13 EQUAL MATERIALS

5.14 SHOP DRAWINGS AND SAMPLES

5.15 CLEANING

ARTICLE VI. CONTRACT CHANGES

6.1 CHANGE ORDERS

6.2 RESERVED FOR FUTURE USE

6.3 REQUESTS FOR EQUITABLE ADJUSTMENT

6.4 REQUESTS FOR TIME EXTENSIONS

6.5 MINOR CHANGES

6.6 ADMINISTRATIVE PROCEDURES FOR CHANGE ORDER

ARTICLE VII. CONTRACT PAYMENTS

7.1 CONTRACT SUM BREAKDOWN

7.2 PROGRESS PAYMENTS

7.3 LIEN FOR UNPAID LABOR AND MATERIALS

7.4 PAYMENT OF DEBT OWED TO THE STATE OF TEXAS

ARTICLE VIII.TIME AND SCHEDULING

8.1 TIME LIMITS

8.2 CONTRACT TIME

8.3 PROGRESS AND COMPLETION

8.4 DELAYS AND EXTENSION OF TIME

8.5 FAILURE TO COMPLETE WORK ON TIME

ARTICLE IX. BENEFICIAL OCCUPANCY

9.1 BENEFICIAL OCCUPANCY

9.2 CERTIFICATION

9.3 ADDITIONAL INSPECTION COSTS

ARTICLE X. CONTRACT FINAL ACCEPTANCE AND PAYMENT

10.1 NOTIFICATION

10.2 PRE-FINAL INSPECTION

10.3 FINAL INSPECTION AND ACCEPTANCE

10.4 ADDITIONAL INSPECTION COSTS

10.5 FINAL PAYMENT DOCUMENTATION

10.6 FINAL PAYMENT

ARTICLE XI. CONTRACT WARRANTY AND GUARANTEE

11.1 WARRANTY OF CONSTRUCTION

ARTICLE XII. PRESERVATION OF SITE ASSETS

ARTICLE XIII. OPERATION AND STORAGE AREAS

ARTICLE XIV. MISCELLANEOUS PROVISIONS

14.1 GOVERNING LAW

14.2 RIGHTS AND REMEDIES

14.3 ENTIRE AGREEMENT

14.4 SEVERABILITY

14.5 INDEPENDENT CONTRACTOR

14.6 INDEMNIFICATION OF THE DEPARTMENT

14.7 NON-AVAILABILITY/LOSS OF FUNDING

14.8 NOTICE

14.9 FINANCIAL OPERATIONS

14.10 UTILIZATION OF PRODUCTS AND MATERIALS PRODUCED IN TEXAS

14.11 REQUIRED USE OF AMERICAN IRON AND STEEL PRODUCTS

14.12 ASSIGNMENT

14.13 AUTHORITY TO AUDIT

14.14 PUBLIC INFORMATION ACT AND RECORDS RETENTION

14.15 NO LIABILITY UPON TERMINATION

14.16 LIMITATION ON AUTHORITY; NO OTHER OBLIGATIONS

14.17 INTELLECTUAL PROPERTY INDEMNIFICATION

14.18 RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE (STATE

OWNERSHIP)

14.19 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, AS

REQUIRED BY 1 TAC, CHAPTER 213

14.20 E-VERIFY SYSTEM

14.21 PROHIBITION OF A STATE AGENCY CONTRACTING WITH COMPANIES THAT

BOYCOTT ISRAEL

14.22 PROHIBITION OF A STATE AGENCY CONTRACTING WITH COMPANIES ENGAGED

IN BUSINESS WITH IRAN, SUDAN, OR FOREIGN TERRORIST ORGANIZATIONS

14.23 PROHIBITION OF FOREIGN-OWNED COMPANIES

14.24 COVID-19 VACCINE PASSPORT PROHIBITION

14.25 CRITICAL INFRASTRUCTURE AFFIRMATION

14.26 FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATION

14.27 ENERGY COMPANY BOYCOTTS

14.28 BUY TEXAS AFFIRMATION

14.29 EXCESS OBLIGATIONS PROHIBITIED

14.30 EXCLUDED PARTIES

14.31 FINANCIAL PARTICIPATION PROHIBITED AFFIRMATION

14.32 TERMS AND CONDITIONS ATTACHED TO RESPONSE

14.33 CRITICAL INFRASTRUCTURE SUBCONTRACTS

14.34 MEDIA RELEASES

GENERAL CONDITIONS

ARTICLE I. GENERAL PROVISIONS

1.1 CONTRACT DEFINITIONS: Whenever the following terms are used in these General Conditions or in the other Contract Documents, the intent and meaning shall be interpreted as follows:

1.1.1 ADVERSE WEATHER DAY: A Day on which the Contractor’s current contract schedule indicates Work is to be performed, and which inclement weather and related affected site conditions prevent the Contractor from performing Work on critical activities for fifty percent (50%) or more of the Contractor’s scheduled workday. Days qualifying as Adverse Weather Days are days in which the adverse weather conditions altered the physical site conditions rendering consequential disruption to the day’s scheduled progress.

Excessively high or low temperatures alone will not be considered Adverse Weather Days.

1.1.2 ARCHITECT/ENGINEER (A/E) and/or DESIGN PROFESSIONAL (DP): A person registered as an architect pursuant to Tex. Occ. Code Ann., Chapter 1051, as a landscape architect pursuant to Tex. Occ.

Code Ann., Chapter 1052, a person licensed as a professional engineer pursuant Tex. Occ. Code Ann., Chapter 1001 and/or a firm employed to provide professional architectural or engineering services and to exercise overall responsibility for the design of a Project or a significant portion thereof, and to perform the contract administration responsibilities set forth in the Contract.

1.1.3 BENEFICIAL OCCUPANCY: The date of Beneficial Occupancy of the Work, or designated portion thereof, is the date jointly certified by the A/E and Owner when construction is so sufficiently complete, in accordance with the Contract Documents, that the Owner may, at the Owner's option, utilize the Work, or a designated portion thereof, for the use for which it is intended.

1.1.4 BUSINESS HOURS: Normal business hours are Monday through Friday from 8:00 a.m. until 5:00 p.m.

Central Time.

1.1.5 CHANGE ORDER: A Change Order is a written order to the Contractor signed by the Owner issued after execution of the Contract, authorizing a change in the Work or an adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. A Change Order signed by the Contractor indicates his/her agreement therewith, including the adjustment in the Contract Sum and/or the Contract Time.

1.1.6 CONTRACT CONSTRUCTION WORKER(S): Is an individual employed by a private construction contractor or subcontractor and whose access to Agency premises or a privately operated correctional facility has been approved by the Warden for the sole purpose of performing construction-related Work authorized by the TDCJ Facilities Division or the facility’s owner. This definition does not include a purchase order/procurement card vendor.

1.1.7 CONTRACT: The Contract Documents form the Contract, which represents the entire and integrated agreement between the Owner and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a written Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (1) between the A/E and Contractor, or (2) between the Owner and a Subcontractor or (3) between any persons or entities other than the Owner and the Contractor. The A/E shall, however, be entitled to performance and enforcement of obligations under the Contract intended to facilitate performance of the A/E duties.

1.1.8 CONTRACT DOCUMENTS: The Contract Documents consist of the Solicitation, Offer and Award document inclusive of its Sections A through M and the Attachments and Exhibits thereto, Payment and Performance Bonds, Specifications, Drawings, Addenda issued prior to contract award, other documents listed in the Contract, and Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties or (2) a Change Order or (3) a Unilateral Change Order, or (4) a written order for a minor change in the Work (not involving an adjustment in the Contract Sum or an extension of the Contract Time) issued by the Owner or the A/E.

1.1.9 CONTRACTOR: The individual, corporation, company, partnership, firm or other organization that has contracted to perform the Work under the Contract with the Owner.

1.1.10 CONTRACT SUM: The Contract Sum is the total compensation payable to the Contractor for performing the Work as originally contracted for or as subsequently adjusted by Change Order.

1.1.11 CONTRACT TIME: The Contract Time is the total number of Days within which the Contractor shall commence and complete the Work to be performed, as originally contracted for or as subsequently adjusted by Change Order. The Contract Time will begin on the day designated in the Notice to Proceed.

1.1.12 DAY: Wherever the word "Day" is used in the Contract Documents, it shall be interpreted to mean a calendar day, which is not the same as a scheduled workday.

1.1.13 DRAWINGS: The Drawings are the graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location, and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams.

1.1.14 ENVIRONMENTALLY SENSITIVE PRODUCT: A product that protects or enhances the environment or that damages the environment less than traditionally available products.

1.1.15 FIELD ORDER: An authorization given to the Contractor to proceed with a limited change in the Work. The Field Order guarantees that the Contractor will be compensated for the Work. However, the Contractor cannot request this compensation until the Field Order is included in a completed Change Order. Field Orders are not to exceed $25,000.00.

1.1.16 FURNISH: "Furnish", unless specifically limited in context, means; furnishing items specified to project site, to include unpacking and assembly. The Owner furnished items shall be unloaded, unpacked and properly stored by the Contractor upon delivery. Assembly, if required, shall be by the Contractor.

1.1.17 INSTALL: "Install" means incorporating into the Work including all necessary labor, materials, equipment and connections to perform Work indicated.

1.1.18 OWNER: The Owner is the State of Texas acting through the Texas Department of Criminal Justice (TDCJ).

1.1.19 POST-CONSUMER MATERIALS: Finished products, packages or materials generated by a business entity or consumer that have served their intended end uses, and that have been recovered or otherwise diverted from the waste stream for the purpose of recycling.

1.1.20 PRE-CONSUMER MATERIALS: Materials or by-products that have not reached a business entity or consumer for an intended end use including industrial scrap material and overstock, or obsolete inventories from distributors, wholesalers and other companies. The term does not include materials and by-products generated from, and commonly reused within, an original manufacturing process or separate operation within the same or a parent company.

1.1.21 PRELIMINARY PAY WORKSHEET: The Preliminary Pay Worksheet is a review document that reflects work performed and the established schedule of values. The Preliminary Pay Worksheet is submitted by the Contractor to the Owner prior to a request for progress payment.

1.1.22 PROJECT: The term "Project" shall comprise the total construction of which the Work performed under the contract documents may be the whole or a part and which may include construction by the Owner or by separate contractors.

1.1.23 PROJECT MANUAL: The Project Manual is the volume(s) usually assembled for the Work which may include the bidding requirements, sample forms, Conditions of the Contract and Specifications.

1.1.24 PROVIDE: "Provide" means furnish and install.

1.1.25 RECYCLED MATERIAL CONTENT: The portion of a product made with Recycled Materials consisting of Pre-Consumer Materials (waste), Post-Consumer Materials (waste), or both.

1.1.26 RECYCLED MATERIALS: Materials, goods or products that contain recyclable materials, industrial waste, or hazardous waste that may be used in place of raw or virgin materials in manufacturing a new product.

1.1.27 RECYCLED PRODUCT: A product that meets the requirements for recycled material content as prescribed by the rules established by the Texas Commission on Environmental Quality in consultation with the Comptroller of Public Accounts (CPA). The product must be clearly identified as recycled by packaging, markings, literature, etc.

1.1.28 SAMPLES: Samples are physical examples furnished by the Contractor to illustrate materials, equipment, or workmanship, and to assist in the establishment of standards by which the Work will be judged.

1.1.29 SHOP DRAWINGS: Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the Work.

1.1.30 SPECIAL CONDITIONS: Special Conditions shall relate to a particular Project but shall not weaken the character or intent of the General Conditions. Special Conditions will supplement specific paragraphs of the General Conditions as specified in the Special Conditions.

1.1.31 SPECIFICATIONS: The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services.

1.1.32 SUBCONTRACTOR: A person or organization who contracts under, or for the performance of part or the entire Contract between the Owner and the Contractor. The subcontract may be direct with the Contractor or with another Subcontractor.

1.1.33 WORK: The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, plant and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project.

1.2 EXECUTION AND CORRELATION

1.2.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents.

1.2.2 The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the required results.

1.2.3 Organization of the Specifications into divisions, sections and articles, and arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

1.2.4 Unless otherwise stated in the Contract Documents, words which have well-known technical, or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings.

1.3 INTERPRETATION

1.3.1 In the interest of brevity the Contract Documents frequently omit modifying words such as "all" and "any" and articles such as "the" and "an", but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement.

1.3.2 In the interest of conciseness, sentences, statements, and clauses used exclude any form of verb "shall" normally expressed in verb phrase with verbs such as "furnish", "install", "provide", "perform", "construct", "erect", "comply", "apply", "submit", etc. Any such sentences, statements, and clauses are to be interpreted to include applicable form of phrase "the Contractor shall" and requirements described therein interpreted as mandatory elements of Contract.

1.3.3 In interest of conciseness, references to specification sections and details may be preceded by the word

"see". Any such references are to be interpreted to include applicable form of phrase, "and comply with".

1.4 FIXED ASSET ACCOUNTING: Prior to final acceptance the Project Administrator will prepare a list of items included in the Work which are to be capitalized. This list will be generally limited to items having a value in excess of $5,000.00 and not being an integral part of the structure. The list will include but will not be limited to items such as emergency generator, food service equipment, laundry equipment, electronic equipment, etc. The Project Administrator will present the list of items to the Contractor who shall provide the value of each item on the list to the Project Administrator prior to final payment. The list will include the equipment with its cost, manufacturer, model number and serial number. Equipment and systems shall be listed by building wherein they are installed. In addition, the total value of each individual building must be specified.

1.5 DELIVERY: Name and address of the Owner will not be used for deliveries. The Owner will not accept delivery of products and materials and the Owner will not be responsible for material losses, delays or other damages, including all impacts resulting from the use of the Owner's name and address for deliveries. The Contractor shall make arrangements to have someone present for acceptance and unloading of all deliveries. Arrange deliveries in accordance with construction schedules and in ample time to facilitate inspection prior to installation and to not cause delay to the project.

1.6 PHOTOGRAPHS: Photographs shall be taken only with written permission of the Owner. (Progress photographs will not be required unless called for elsewhere.)

1.7 PRE-CONSTRUCTION CONFERENCE: After award of the contract a Pre-Construction Conference will be held to discuss mobilization and specific pre-construction activities. The Pre-Construction Conference will be conducted by the Owner. The A/E, the Owner and its representatives and the Contractor will participate. The prime objectives of the Pre-Construction Conference are to:

1. Introduce the Contractor to persons responsible for the monitoring and administration of the Work.

2. Develop a list of representatives of the Owner, the A/E and the Contractor…