SPECIFICATION NO. TxDOT 936-33-40∗ REVISED: NOVEMBER 2016 FIRE ALARM AND SUPPRESSION SYSTEM INSPECTION, TESTING, MAINTENANCE, AND REPAIR PUBLICATION

This specification is a product of the Texas Department of Transportation (TxDOT). This specification may not be sold for profit or monetary gain. If this specification is altered in any way, the header, and any and all references to TxDOT must be removed. TxDOT does not assume nor accept any liability when this specification is used in the procurement process by any other entity.

∗

This Specification Supersedes TxDOT Specification No. 936-09-30, Revised March 2007.

SPECIFICATION NO. TxDOT 936-33-40

1.

REVISED: NOVEMBER 2016

SCOPE This solicitation is for services to provide inspection, testing, maintenance, and repair of fire alarm, fire sprinkler, and fixed fire extinguishing systems including, but not limited to: detection and extinguishing system components, extinguishing agents, suppression system components, stand pipes, hoses, and pumps, at various TxDOT location(s) as specified in Attachment A – Fire Alarm and Suppression Systems and Locations.

2.

DEFINITIONS OF TERMS AND ACRONYMS 2.1.

Alarm Branch Office Certificate of Registration – Required for each separate office location of a firm holding a registration certificate.

2.2.

ACR – Alarm Certificate of Registration. Required for any firm engaged in the business of planning, certifying, installing, or servicing fixed fire extinguisher systems.

2.3.

ACR-SS – Alarm Certificate of Registration-Single Station. Required for any firm engaged in the business of planning, certifying, leasing, installing, or servicing fixed exclusively single station devices.

2.4.

Alarm System – The fire alarm panel and all necessary equipment required for the system to perform in optimum condition. This includes, but is not limited to: control panel, remote annunciator, smoke detectors, water flow switches, tamper switches, manual pull stations, audio and visual signals, wiring, and sirens (Ref. Attachment A – Fire Alarm and Suppression Systems and Locations).

2.5.

AMT – Fire Alarm Monitoring Technician

2.6.

Apprentice Permit – A permit issued to an individual allowing for the installation or service of fixed fire extinguishing systems under the direct supervision of a valid licensee who shall certify the work by signing the tag.

2.7.

APS – Fire Alarm Planning Superintendent License – Required for planning, installing, certifying, inspecting, testing, servicing, monitoring, and maintaining fire alarm or fire detection devices.

2.8.

Detection Systems – Electronic equipment that uses a variety of sensors to detect combustion by-products and heat from fires. Detection systems include smoke detectors, heat detectors, duct detectors, control panels, remote annunciators, manual pull stations, audio/visual signals, and fire phones.

2.9.

ECR – Extinguisher Certificate of Registration – Required for any firm engaged in the business of planning, certifying, installing, or servicing portable fire extinguishers or fixed extinguisher systems. The extent of work, allowed by the firm (installing or servicing portable fire extinguishers or planning, certifying, installing, or servicing fixed fire extinguisher systems), is limited by the license held by their employees.

2.10.

Extinguisher Branch Office Certificate of Registration – Each separate office location performing the same business as the firm holding the ECR must have a branch office certificate of registration.

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SPECIFICATION NO. TxDOT 936-33-40

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2.11. FAL – Fire Alarm Technician License. For installing, inspecting, servicing, testing, maintaining, monitoring, and certifying fire alarm or fire detection devices and systems. 2.12. Fire Protection Sprinkler System – A type of fire suppression system. 2.13.

ITM – Inspection, Testing, and Maintenance.

2.14.

Manual Systems – Consist of manual pull boxes which activate the fire alarm to sound. Manual pull boxes are typically located at building exits and along designated routes. Manual pull boxes and alarms may be in a stand-alone system or part of a larger, more sophisticated detection system.

2.15. NFPA – National Fire Protection Association. 2.16. NICET – National Institute for Certification in Engineering Technologies. 2.17. RME-General – Responsible Managing Employee-General. An RME-General licensee is permitted to plan, sell, install, maintain, service, and certify any and all types and parts of a fire sprinkler system. 2.18.

RME-General Inspector – Responsible Managing Employee-General Inspector. An RMEGeneral Inspector licensee is permitted to perform the ITM service for a fire sprinkler system.

2.19.

RME-U – Responsible Managing Employee-Underground. An RME-U licensee is permitted to sell, install, maintain, service, and certify all underground water supply piping for any sprinkler system. An RME-U is not permitted to perform planning services.

2.20.

SCR – Sprinkler Certificate of Registration. Required for any firm engaged in the business of planning, selling, installing, maintaining, certifying, or servicing fire protection sprinkler systems.

2.21.

SCR-U – Sprinkler Certificate of Registration-Underground. Required for any firm engaged in the business of selling, installing, maintaining, servicing, or certifying underground water supply piping to any and all types of fire protection sprinkler systems.

2.22.

SFMO – State Fire Marshal’s Office.

2.23. Suppression System – Sprinkler systems, standpipe systems, deluge systems, and special area suppression systems: 2.23.1. Sprinkler Systems – Include a network of pipes throughout a structure with branch lines and individual sprinkler heads. Sprinkler systems have flow-sensing devices which trigger the building fire alarm when activated. The sprinkler system may have tamper- detection alarms that activate when valves or other components are not in the correct position. 2.23.2. Standpipe Systems – Have permanently installed pipe systems with fire-hose connections at designated locations. These pipes may be either wet pipe systems (water is present in the pipe at all times) or dry-pipe systems (a valve must be turned on to allow water to flow into the pipes).

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SPECIFICATION NO. TxDOT 936-33-40

REVISED: NOVEMBER 2016

2.23.3. Deluge Systems – May have an automatic activation feature or a manual release, or both. These systems have a limited amount of extinguishing agent. 2.23.4. Special Area Suppression Systems – Computer or records storage rooms may be protected by a special automatic extinguishing system. These systems use various extinguishing agents and have a built-in delay and alarm to give occupants the opportunity to evacuate the area before the agent is released. 2.24. TDI – Department of Insurance. 2.25. TxDOT – Texas Department of Transportation. 2.26. Type K License – Kitchen Cooking System License – Individual license required to install, certify, or service pre-engineered fixed fire extinguisher systems used to protect a cooking area.

3.

2.27.

Type PL License – Planning License – Individual license required for the planning, supervision, installation, or servicing of fixed systems other than pre-engineered systems. May perform, supervise, or certify the installation or servicing of all pre-engineered fixed systems.

2.28.

UL – Underwriters Laboratories, Inc.

APPLICABLE LAWS AND STANDARDS The vendor shall provide the specified service requirements in accordance with all applicable federal, state, and local laws, standards and regulations necessary to perform the services, including, but not limited to: 3.1.

Texas Administrative Code 28, Section 34.600 and Section 34.700.

3.2.

Texas Insurance Code, Chapter 6002.

3.3.

Texas Government Code 612, Section 612.002 of Texas Statutes.

3.4.

Code of Federal Regulations, 40 CFR – Protection of Environment, Chapter 1: Subchapters D, I and N.

3.5.

Texas Insurance Code, Art. 5.43.2 and Art. 5.43.3 – Fire Detection and Alarm Devices.

3.6.

Comply with the requirements of the TDI, UL, NFPA 72 and NFPA 25.

3.7.

Provided parts to meet or exceed all federal and state of Texas safety and health regulations and standards in effect and applicable to equipment furnished at the time of manufacture.

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SPECIFICATION NO. TxDOT 936-33-40

4.

REVISED: NOVEMBER 2016

RESPONDENT QUALIFICATIONS The respondent shall: 4.1.

Be a company or an individual engaged, or whose partners or participants, or both, are engaged in the business of providing fire alarm and suppression system inspection, testing, and maintenance for a minimum of four years within the last six years. Recent start-up businesses do not meet the requirements of this solicitation. NOTE: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has that history or expertise. Two companies are affiliated if the two companies have a common parent company or if one is the parent or subsidiary of the other.

4.2.

Operate the business under the following registrations as required by SFMO for the types of alarms and suppression systems noted on Attachment A – Fire Alarm and Suppression Systems and Locations: Alarm Branch Office Certificate of Registration, ACR, ECR, Extinguisher Branch Office Certificate of Registration, SCR, and SCR-U.

4.3.

Be in good financial standing and current in payment of all taxes and fees such as state franchise fees. TxDOT reserves the right to request a copy of the respondent’s audited or un-audited financial statement. TxDOT may request a statement from the president, owner, or financial officer on company letterhead certifying that the company is in good financial standing and current in payment of all taxes and fees. When financial statements are requested, TxDOT will review the respondent's audited or un-audited financial statement in accordance with Texas Government Code, Title 10, Subtitle D, Section 2156.007 to evaluate the sufficiency of the respondent's financial resources and ability to perform the contract or provide the service required in the solicitation. TxDOT will be the sole judge in determining the sufficiency of the respondent's financial resources and ability to provide the service. Factors to be reviewed include: 4.3.1.

Balance sheets

4.3.2.

Net working capital

4.3.3.

Current asset ratio

4.3.4.

Liquidity ratio

4.3.5.

Auditor(s) notes

4.3.6.

Any notes to the financial statements

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SPECIFICATION NO. TxDOT 936-33-40

5.

REVISED: NOVEMBER 2016

RESPONDENT REFERENCES The respondent should submit a minimum of three references to substantiate the qualifications and experience requirements for similar services completed for four years within the last six years. References shall illustrate respondent’s ability to provide the services outlined in the specification. References shall include name, point of contact, telephone number, and dates services were performed. The response may be disqualified if TxDOT is unable to verify qualification and experience requirements from the respondent’s references. The response may be disqualified if TxDOT receives negative responses. TxDOT will be the sole judge of references (Ref. Respondent References).

6.

KEY PERSONNEL QUALIFICATIONS The respondent shall provide the following key personnel: 6.1.

6.2.

6.3.

6.4.

Fire Alarm Planning Superintendent: The Fire Alarm Planning Superintendent shall: 6.1.1.

Have a minimum of three years’ experience within the last seven years in fire alarm and suppression systems to develop and implement the service requirements of this solicitation.

6.1.2.

Be NICET level III certified in Fire Protection Engineering Technology and Fire Alarm Systems.

6.1.3.

Licensed by the SFMO.

FALs: FALs shall: 6.2.1.

Be NICET level II certified and licensed by SFMO.

6.2.2.

Have a minimum of two years’ experience within the last three years working on all equipment listed on Attachment A – Fire Alarm and Suppression Systems and Locations.

RME-General: The RME-General shall: 6.3.1.

Be NICET level III certified in Fire Protection Engineering Technology and Automatic Sprinkler Systems Layout.

6.3.2.

Licensed by SFMO.

6.3.3.

Have a minimum of three years’ experience within the last five years in the service requirements of this specification.

RME-U: The RME-U shall: 6.4.1.

Be licensed by SFMO.

6.4.2.

Have a minimum of three years’ experience within the last five years in the service requirements of this specification.

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SPECIFICATION NO. TxDOT 936-33-40

6.5.

6.6.

7.

REVISED: NOVEMBER 2016

RME-General Inspector: The RME-General Inspector shall: 6.5.1.

Be NICET level II certified in Fire Protection, Automatic Sprinkler Systems Layout Sprinkler Inspection, and Inspection and Testing of Water-Based Systems.

6.5.2.

Licensed by SFMO.

6.5.3.

Have with a minimum of four years’ experience within the last five years in the service requirements of this specification.

All personnel driving to and from TxDOT work locations shall: 6.6.1.

Possess a valid Driver License acceptable in the state of Texas.

6.6.2.

Have no Driving Under Influence (DUI) or Driving While Intoxicated (DWI) incidents on driving record within the past three years.

VENDOR REQUIREMENTS The vendor shall: 7.1.

Adhere to the TxDOT Terms and Conditions identified on the solicitation.

7.2.

Provide all labor, materials, and equipment necessary to meet requirements of the specified services throughout the term of the purchase order.

7.3.

Provide a primary point of contact.

7.4.

Provide a phone number monitored 24-hours a day, seven days per week.

7.5.

Provide personnel to perform various duties as directed by the designated TxDOT representative.

7.6.

Use only licensed technicians or technician trainees under the direct on-site supervision of a licensed technician with the proper license issued by the SFMO for the type of fire alarm, fire sprinkler, or fixed fire extinguishing system being inspected, tested, maintained, or repaired to perform services.

7.7.

Have available subcontractors or additional licensed/certified personnel to respond to multiple requests for services at the same time, as requested by the designated TxDOT representative on an as needed basis.

7.8.

BACKGROUND CHECK: Conduct background checks on all vendors’ permanent and temporary personnel scheduled to work on TxDOT projects prior to beginning service start-up. Upon award, supporting documentation confirming the completion of these comprehensive background checks may be subject to review upon request by TxDOT or the TxDOT designee, or both, prior to beginning the service. Failure to produce the requested documentation may be cause for cancellation of the purchase order. The background checks shall include, but not be limited to, the following: 7.8.1.

Revised 11/16

Social Security Number verification.

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SPECIFICATION NO. TxDOT 936-33-40

7.8.2. 8.

9.

REVISED: NOVEMBER 2016

Statewide criminal and sex offender records for all Texas counties and out-of-state counties based on the current and previous addresses for the last seven years.

KEY PERSONNEL REQUIREMENTS 8.1.

The Fire Alarm Planning Superintendent’s primary responsibility shall be the day-to-day operation of the service in accordance with the requirements of the purchase order.

8.2.

The Fire Alarm Planning Superintendent shall be a permanent staff employee and shall serve as the primary point of contact for TxDOT.

8.3.

All personnel shall: 8.3.1.

Wear a clearly visible identifying name badge with the company logo or a uniform with the personnel’s name and company name or logo clearly marked on the uniform.

8.3.2.

Present and maintain a neat appearance at all times when on TxDOT property.

8.3.3.

Have the knowledge to develop and implement the service requirements in this solicitation

8.3.4.

Be fluent in English with the ability to receive, give, and understand written and oral instructions.

SERVICE REQUIREMENTS The vendor shall: 9.1.

Provide all necessary tools and testing equipment required to perform services.

9.2.

Obtain approval from the designated TxDOT representative for service requiring more than one licensed technician or trainee. TxDOT will not pay for additional technicians without written approval by the designated TxDOT representative.

9.3.

Ensure the technician contacts the designated TxDOT representative upon arrival. The technician shall have the designated TxDOT representative log the start and completion times for the service performed on the vendor’s service ticket.

9.4.

Provide the following on the service ticket:

9.5.

9.4.1.

Building number.

9.4.2.

Name of key personnel performing the work.

9.4.3.

Number of hours or inspections completed.

Conduct quarterly and annual inspections. 9.5.1.

Revised 11/16

Inspections shall include equipment test, adjustments, and lubrication as required.

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SPECIFICATION NO. TxDOT 936-33-40

9.5.2.

9.5.3.

REVISED: NOVEMBER 2016

Annual Inspections shall: 9.5.2.1.

Include equipment at all locations per Attachment A – Fire Alarm and Suppression Systems and Locations

9.5.2.2.

Be completed during the month of September.

Quarterly Inspections shall be: 9.5.3.1.

Scheduled so that each system on Attachment A – Fire Alarm and Suppression Systems and Locations will be inspected one additional time each year in addition to the annual inspection. Vendor shall submit a proposed schedule to the designated TxDOT representative for approval prior to beginning service on this purchase order.

9.5.3.2.

Completed during the months of March, June, and December

9.5.4.

Confirm quarterly and annual inspections with the designated TxDOT representative via phone and email 72 hours prior to beginning work.

9.5.5.

Attach stickers at system(s) location upon completion of inspection indicating the date and result of inspection, condition of equipment, and the technician(s) full name(s), as required by the SFMO.

9.6.

Conduct sensitivity test on smoke and heat detectors as required per NFPA No. 72, Chapter 8, Section 8-3.4.2 (a), (b), (c), (d), and (e) in alternate years (biennially) in conjunction with the annual inspection.

9.7.

Ensure all connections and valves for these systems are labeled as to their purpose during each inspection. Vendor shall label any valve not properly marked and indicate its position.

9.8.

MAINTENANCE AND REPAIRS: Then vendor shall: 9.8.1.

Respond verbally to the designated TxDOT representative within two hours of a service call being placed and have personnel on-site within four hours of notification of equipment malfunction unless other arrangements are agreed to by the designated TxDOT representative.

9.8.2.

Diagnose problems and obtain approval of the designated TxDOT representative prior to maintenance or repair work being performed.

9.8.3.

Thoroughly examine and become familiar with the TxDOT facility where services are to be performed, prior to commencing work, to ensure the service can be completed in an orderly and safe manner.

9.8.4.

Have required key personnel on-site until the problem is resolved or until authorized to leave by the designated TxDOT representative.

9.8.5.

Obtain approval from designated TxDOT representative to remove and dispose of all defective materials from the building.

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SPECIFICATION NO. TxDOT 936-33-40

9.8.6.

10.

REVISED: NOVEMBER 2016

In the event a problem occurs during a service call, technicians performing service work shall remain on-site until the problem is resolved or until authorized to leave by the designated TxDOT representative.

VENDOR DELIVERABLES The vendor shall submit the following reports to the designated TxDOT representative as specified below. 10.1. Status Report: The Status Report shall identify the status of all systems inspected, all nonoperational systems, equipment, or functions, a list of the parts required to repair nonoperational systems, and the number of hours required to return the system(s) to full operating condition. The status report shall be submitted to the designated TxDOT representative within 72 hours after completion of inspection for each location inspected. 10.2.

Completion Report: The Completion Report shall identify the systems and equipment inspected, tested, maintained, or repaired within 15 calendar days of the completion of work.

10.3. All reports shall be in writing. The report format will be approved by the designated TxDOT representative. 11.

LOCATION(S) Location(s) and equipment are specified on Attachment A – Fire Alarm and Suppression Systems and Locations. TxDOT reserves the right to add or delete facilities and equipment serviced under the purchase order. TxDOT will provide ten business days written notice to the vendor for locations to be deleted or of any additional locations requiring service within the same area or region.

12.

PARTS PRICING If listed as a line item on the solicitation, vendor shall provide parts necessary to complete work as allowed under the service requirements (Ref. Para. 9.). Provide a cost estimate to the designated TxDOT representative prior to purchasing parts. Parts will be paid at actual cost plus the percentage mark-up listed on the solicitation as approved by the designated TxDOT representative.

13.

MISCELLANEOUS EQUIPMENT Miscellaneous equipment required to complete the work may include but not be limited to rental of backhoe, lift, cement mixer, curb machine, etc. Miscellaneous equipment under this purchase order shall not exceed $5,000 per job. TxDOT will obtain miscellaneous equipment exceeding $5,000 under a separate PO. If listed as a line item on the solicitation, the vendor shall provide: 13.1. Additional equipment necessary to complete needed services or repairs as specified by the designated TxDOT representative. 13.2. A cost estimate, which will be approved in writing by the designated TxDOT representative prior to any work being performed.

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SPECIFICATION NO. TxDOT 936-33-40

14.

REVISED: NOVEMBER 2016

ADDITIONAL SERVICES 14.1. Vendor shall provide, if listed as a separate line item on the purchase order, additional services necessary to return the equipment or work area, or both, to its properly functioning or original condition. Additional services are services not covered under the maintenance and repair services identified in the specification and may include, but not be limited to, minor code upgrades, minor installations, fabrication work, sheet-metal work, painting, and drywall, electrical, ceiling grid, concrete, or flooring repair. 14.2. Additional services shall not exceed $5,000 per job. Additional services with a total estimated cost over $5,000 shall not be performed under the purchase order. 14.3. The vendor shall provide a cost estimate, including all materials, labor, and equipment required, for additional services to the designated TxDOT representative. TxDOT will review and approve or deny the additional service. TxDOT reserves the right to obtain service under a separate purchase order should it serve the best interest of TxDOT.

15.

WARRANTY REQUIREMENTS 15.1.

PERFORMANCE WARRANTY: Work performed under the purchase order shall meet all applicable standards and codes. The vendor shall guarantee all work included in the purchase order against any defects in workmanship; and shall satisfactorily correct, at no cost to TxDOT, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon date of acceptance by TxDOT.

15.2. MATERIAL WARRANTY: Materials provided under the purchase order shall be in current production, as offered to commercial trade, and shall be of quality material. Used, shopworn, demonstrator, prototype, reconditioned, or discontinued materials are not acceptable. Materials shall be warranted against material defects and defects in workmanship for a period of not less than 12 months and shall cover 100% parts and labor. The warranty period shall commence upon date of acceptance by TxDOT. If the manufacturer’s standard warranty period exceeds 12 months, then the standard warranty period shall be in effect. The vendor shall be ultimately responsible for the warranty. The vendor shall provide the designated TxDOT representative with all manufacturers’ warranty documents upon completion of service prior to leaving the job site. 16.

VENDOR PERFORMANCE Vendor performance will be monitored on a regular basis by TxDOT. 16.1. An unsatisfactory performance determination includes, but is not limited to: 16.1.1. One service call back to correct the same problem within 30 calendar days. 16.1.2. One instance within one year of vendor personnel assigned to an authorized service call not having the state license and certification required to diagnose the problem and perform the repair. 16.1.3. Two instances within one year of response time, as defined in this specification, to an authorized service call exceeding the two-hour limit.

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SPECIFICATION NO. TxDOT 936-33-40

REVISED: NOVEMBER 2016

16.1.4. Failure to provide status or completion reports within the specified time frame. NOTE: Unsatisfactory performance may result in a negative vendor performance report or cancellation of the purchase order, or both. 16.2. An exceptional performance determination includes, but is not limited to: 16.2.1. Product upgrade substitution suggested and accepted at no additional cost to TxDOT. 16.2.2. Vendor commended for exceptional customer service, exceptional service provided. 17.

BUILDING RESTRICTIONS 17.1. PARKING: The vendor shall make arrangements with the designated TxDOT representative prior to off-loading tools and equipment at the job site. The vendor shall park only in spaces assigned by the designated TxDOT representative. 17.2. RESTROOMS: Restrooms shall not be used for washing of tools and equipment. 17.3. SECURITY: The vendor shall provide an updated list of all vendor personnel or subcontractors at each job site and comply with all security measures required by TxDOT. 17.4. ACCESS: The vendor shall make prior arrangements with the designated TxDOT representative for access to the building(s) for performance of the service. The vendor shall ensure all temporary security badges are returned to TxDOT upon completion of work at each location.

18.

PERSONNEL CONTINUITY AND REPLACEMENT 18.1.

TxDOT recognizes that events beyond the control of the vendor such as the death, physical or mental incapacity, long-term illness, or the voluntary termination of employment of the Fire Alarm Planning Superintendent or any key personnel will require the vendor propose a replacement. In the event such a replacement is necessary, vendor agrees that personnel shall not begin work on the project without prior written approval from TxDOT.

18.2. If TxDOT determines the Fire Alarm Planning Superintendent or other key personnel is unable to perform in accordance with the service requirements or to communicate effectively; the vendor shall immediately remove that person. 18.3.

Proposed replacement personnel shall meet minimum qualifications and have experience comparable to the person(s) being replaced. Replacement personnel shall be provided at no additional cost to TxDOT. Resume(s) and reference(s) may be requested for the proposed replacement(s). TxDOT may reject any replacement if references or past working performance is questionable or unfavorable. TxDOT will be the sole judge of the qualifications of the proposed replacement personnel.

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SPECIFICATION NO. TxDOT 936-33-40

19.

REVISED: NOVEMBER 2016

VENDOR PERSONNEL SAFETY The vendor shall provide all required safety equipment and instruct personnel to observe all safety policies, rules, and requirements at all times, including, but not limited to: 19.1. Using appropriate type of equipment and tools for the task assigned. Ensure all equipment and tools are well maintained, calibrated, and in proper working order before use in the performance of this service. 19.2. Examining and become familiar with the system(s) and associated facilities to ensure the service can be completed in an orderly and safe manner prior to commencing work.

20.

19.3.

Maintaining a safe work environment at all times.

19.4.

Reporting immediately the existence of unsafe condition(s) that will compromise the performance of the service immediately to the designated TxDOT representative.

19.5.

Following all state, federal, local, and OSHA safety rules.

WORK HOURS 20.1.

Regular work hours for performance of the service are defined in the TxDOT Terms and Conditions identified on the solicitation.

20.2.

Off-shift hours are defined as hours worked in the performance of this service in excess of 40 hours per week or performed beginning at 5:01 p.m. through 7:59 a.m. local time, Monday through Friday and 5:01 p.m. Friday through 12:00 a.m. local time Sunday.

20.3. Premium hours are defined as those hours worked in performance of the service beginning at 12:01 a.m. local time, Sunday through 7:59 a.m. local time, Monday and federal holidays. 20.4. Vendor employees shall adhere to an agreed upon work schedule. However, vendor employees shall be available to work different work hours during special conditions; possibly holidays or weekends as requested by the designated TxDOT representative. TxDOT will pay for hours worked according to the specific time involved. All off-shift, premium, or modified hours shall be approved in writing by the designated TxDOT representative. 21.

SUBCONTRACTING 21.1.

Subcontractors providing service under the purchase order shall meet the same qualifications and service requirements and provide the same quality of service required of the vendor.

21.2.

No subcontract under the purchase order shall relieve the primary vendor of responsibility for the services.

21.3.

The vendor shall be the only contact for TxDOT and subcontractor(s).

21.4.

The vendor shall manage all quality and performance, project management, and schedules for subcontractors. The vendor shall be held solely responsible and accountable for the completion of all work for which the vendor has subcontracted.

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SPECIFICATION NO. TxDOT 936-33-40

REVISED: NOVEMBER 2016

21.5. TxDOT retains the right to check subcontractor’s background and make a determination to approve or reject the use of submitted subcontractor(s). Any negative responses may result in disqualification of the subcontractor. 21.6. TxDOT reserves the right to request the removal of vendor’s subcontractor staff deemed unsatisfactory by TxDOT. 21.7. Subcontracting shall be at the vendor’s expense. 21.8. During the term of the purchase order, if the vendor determines a need for a subcontractor change, TxDOT shall be notified in writing by the vendor within 30 calendar days of any proposed change. The vendor shall be required to provide references and work history for any proposed subcontractor to TxDOT. No change will be allowed without written authorization by TxDOT. 21.9.

22.

SOLICITATIONS OVER $100,000: TxDOT will make an initial determination of whether subcontracting is probable. If TxDOT has determined that subcontracting opportunities are probable, the class and items in which HUBs may be registered will be noted in the solicitation along with the required forms and instructions. Responses that do not include a completed HUB Subcontracting Plan as indicated on the solicitation shall be rejected pursuant to Texas Government Code §2161.252(B).

TRAVEL All travel and per diem shall be included in the unit price.

23.

CONFLICT OF INTEREST The vendor, vendor’s personnel, and vendor’s subcontractor(s) shall affirm not to have, nor acquire, any interest during the term of the purchase order that would conflict in any manner with the performance of the vendor’s obligations in regards to services authorized.

24.

AMENDMENTS TxDOT and the vendor reserve the right to amend the purchase order, within the original scope, by mutual written agreement at any time during the term of service, as may be necessary to achieve the highest quality of production by the most efficient and cost-effective means or to include a different element or special feature that was not contemplated or fully developed at the time of solicitation. The amendment process will be accomplished through a Purchase Order Change Notice (POCN).

25.

INVOICING INSTRUCTIONS The vendor shall provide: 25.1.

ORIGINAL INVOICE: A comprehensive and detailed invoice with reference to the line item on the purchase order for each item charged. The original invoice shall be submitted as indicated on the purchase order to ensure timely payment and shall include the following: 25.1.1. Complete Purchase Order number. 25.1.2. Vendor Employee Identification Number (EIN).

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SPECIFICATION NO. TxDOT 936-33-40

REVISED: NOVEMBER 2016

25.1.3. Date and time of service. 25.1.4. Location of service. 25.1.5. Technician(s) name with hours totaled. NOTE: Invoices requiring correction shall be re-submitted with a new invoice date. 25.2. COPY OF INVOICE AND SUPPORTING DOCUMENTATION: A copy of the invoice and original supporting documentation that validates the invoice charges shall be e-mailed to the designated TxDOT representative to include but not be limited to: 25.2.1. Copies of all service tickets which include the start and completion dates and times service was performed. 25.2.2.

Annual, quarterly inspections performed, and labor charges separated by location.

25.2.3. An itemized list of hours worked by the vendor’s personnel for maintenance and repair work performed, separated by location. 25.2.4.

An itemized list of vendor supplied parts to include part number and current manufacturer’s published suggested retail price list, less the applicable discount.

25.2.5. Copies of the actual invoices for vendor supplied parts including the approval from TxDOT, when applicable. 26.

PAYMENT REQUIREMENTS Payment shall be based on the following: 26.1. Annual and quarterly inspections listed by location. 26.2. Labor: The amount of payment shall be calculated by multiplying the regular hourly rate by the number of hours actually worked up to 40 hours per week. Payment for hours in excess of 40 hours per week shall be calculated by multiplying the off-shift hourly rate by the number of offshift hours actually worked. 26.2.1. Partial hours will be paid by rounding to the nearest half-hour as shown below: 26.2.1.1. Less than 15 minutes – round to zero hours. 26.2.1.2. 15 minutes to 45 minutes (inclusive) – round to 1/2 hour. 26.2.1.3. Greater than 45 minutes – round to 1 hour. 26.2.2. No payment will be made for official state holidays (unless otherwise approved by the designated TxDOT representative), lunch hour, illness, or any time when work is not actually performed. No payment will be made for time associated with personnel’s late arrival to or early departure from the designated work location. 26.3. Parts: Vendor provided parts will be paid per Para. 12.

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SPECIFICATION NO. TxDOT 936-33-40

27.

REVISED: NOVEMBER 2016

TxDOT RESPONSIBILITIES TxDOT will: 27.1. Provide a contract manager.

28.

27.2.

Provide the name and contact information of the designated TxDOT representative as the point of contact.

27.3.

Provide temporary security badges to the vendor’s personnel assigned to perform the service at the time of arrival at the TxDOT location.

27.4.

Provide access to the appropriate areas of the TxDOT facilities where service is required.

27.5.

Approve in writing vendor’s request to use additional technicians on as needed basis.

27.6.

Log the start and completion times on the vendor's service ticket for services performed.

27.7.

Approve any work required to correct problems diagnosed by the technician(s) prior to work being performed.

RESPONSE SUBMISSION 28.1.

The following shall be submitted with the response. Failure by the respondent to submit the documentation listed below will disqualify the respondent from further consideration. 28.1.1. Section 1 – Original, signed, dated, and completed solicitation. NOTE TO RESPONDENT: If addendums are generated as part of this solicitation, include the original signed and dated addendum(s) in Section 1. 28.1.2. Section 2 – Schedule 1 – Respondent Qualifications and Experience 28.1.3. Section 3 – Schedule 2 – Key Personnel Qualifications and References 28.1.4. Section 4 – Copies of License 28.1.4.1. Fire Alarm Certificate of Registration 28.1.4.2. Technicians license(s) and certifications 28.1.5. Section 5 – HUB Subcontracting Plan (If applicable)

28.2. The following should be submitted with the response. Failure by the respondent to submit the documentation listed below may disqualify the respondent from further consideration. 28.2.1. Section 6 – Respondent References 28.2.2. Section 7 – Financial Statement: Statement from the president, owner, or financial officer on company letterhead certifying that the company is in good financial standing, current in payment of all taxes and fees (Ref. Para. 4.3.)

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SPECIFICATION NO. TxDOT 936-33-40

29.

REVISED: NOVEMBER 2016

AWARD 29.1. TxDOT reserves the right to award a single purchase order to the most responsive, responsible respondent meeting the specifications. TxDOT may award to a single vendor, multiple vendors, or use any combination that best serves the interest of TxDOT. 29.2. TYPES OF AWARD 29.2.1. Single Award: One purchase order awarded to a single vendor. 29.2.2. Multiple Award: The award of multiple purchase orders for the same line item(s) from a single solicitation to two or more vendors to provide the same or similar goods or services.

30.

POST AWARD MEETING Vendor(s) may be required to attend a post award meeting in person with TxDOT within 10 calendar days after the award of the purchase order. The purpose of the meeting is to discuss the terms and conditions of the purchase order and to provide additional information regarding the purchase order. Vendor(s) and TxDOT shall identify specific goals, strategies, and activities planned for meeting particular program area objectives.

31.

CONTRACT ADMINISTRATION Administration of the purchase order is the responsibility of TxDOT. TxDOT Procurement Division staff will be responsible for administering the contractual business relationship with the vendor. 31.1. Any proposed changes to work to be performed, whether initiated by TxDOT or the vendor, must receive final written approval in the form of a Purchase Order Change Notice signed by the authorized TxDOT purchasing agent. 31.2.

Upon issuance of purchase order, TxDOT will designate an individual who will serve as the Contract Manager and point of contact between TxDOT and the vendor. The Contract Manager does not have any express or implied authority to vary the terms of the purchase order, amend the purchase order in any way, or waive strict performance of the terms or conditions of the purchase order. This individual's contract management and contract administration responsibilities include, but are not limited to: 31.2.1. Monitoring the vendor's progress and performance and ensuring services conform to established specification requirements. 31.2.2. Managing the financial aspects of the contract including approval of payments. 31.2.3. Meeting with the vendor as needed to review progress, discuss problems, and consider necessary action. 31.2.4. Other areas as identified by the Comptroller of Public Accounts Contract Management Guide, latest edition.

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