TFC CONTRACT NO. 18-070-000 RFP NO. 303-7-00934
CONTRACT FOR INSPECTION AND TESTING SERVICES OF FIRE SPRINKLER AND RELATED SYSTEMS BETWEEN THE TEXAS FACILITIES COMMISSION AND SIMPLEX GRINNELL
The Texas Facilities Commission (hereinafter referred to as "TFC"), a state agency located at 1711 San Jacinto Blvd., Austin, Texas 78701 and SimplexGrinnell (hereinafter referred to as "Contractor"), located at 1608 Royston Lane, Building 1, Round Rock, Texas, 78664 enter into the following contract for inspection and testing services of fire sprinkler and related systems (hereinafter referred to as the "Contract") pursuant to Tex. Gov't Code Ann. Ch. 2165 (West 2016).
I. STATEMENT OF WORK.
1.1. PURPOSE. Contractor shall provide fire sprinkler system inspection and testing services for each fire sprinkler system at each state facility listed in Exhibit A - TFC Building and Equipment List, attached hereto and incorporated herein for all purposes. The systems listed in Exhibit A - TFC Building and Equipment List are representative of the known systems in each facility and may or may not be all inclusive; however, Contractor shall be responsible for the inspection and testing of all sprinkler systems in each facility whether listed or not.
1.2. SCHEDULES. The schedules for all inspections and testing shall be approved by the TFC contract administrator, as defined in Section 1.4 below (hereinafter referred to as "Contract Administrator"). All schedules must be submitted and approved thirty (30) days prior to an inspection and any associated testing, and may only be altered at the discretion of the TFC Contract Administrator.
1.3. INSPECTIONS AND TESTS. (a) Individual building fire sprinkler systems shall be inspected and tested in accordance with the applicable codes that were in effect at the time of system installation including but not limited to the National Fire Protection Association ("NFPA") Codes and Standards for the applicable component being tested, specifically NFPA 25. Inspections and testing shall be conducted in accordance with the requirements of NFP A 25 for the related systems being tested. Pre action Sprinkler Systems shall be inspected and tested in accordance with the applicable codes that were in effect at the time of system installation including, but not limited to, NFPA Codes and Standards for the applicable component being tested, specifically NFPA 25. Inspections and tests shall be conducted in accordance with the requirements of the 2017 edition of NFPA 25, Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems.
(b) Contractor shall check in and out with the TFC Contract Administrator to ensure that the TFC Contract Administrator logs the commencement and completion times for the "Service Ticket," or summary list, to document the date of inspection. Contractors shall provide the following information on the Service Ticket:
1 TFC CONTRACT NO. 18-070-000 RFP NO. 303-7-00934
(i) building name;
(ii) floor number;
(iii) TFC work order number;
(iv) name of Contractor personnel performing the work;
(v) trade category of person performing the work; and
(vi) number of hours worked.
(c) When conducting tests and/or inspections Contractor shall provide all required personnel, tools and materials necessary to perform the test and/or inspection. For testing and/or inspection of the fire sprinkler systems at least one member of the test and/or inspection team shall hold a valid RME-(1) by the Texas Department of Insurance State Fire Marshal's Office. The individual holding the license(s) shall be present on site at the time of testing and/or inspection of the systems and shall perform the tests and/or inspections and place the appropriate tag on the systems upon completion of the test and/or inspection and prepare the inspection reports. Contractor shall also provide all necessary equipment to conduct testing including a reliable means of two-way communication such as two-way radios.
(d) While conducting a test, Contractor shall not leave a floor, area of a building, or building isolated from the fire pump without giving notification to the TFC Contract Administrator.
(e) Upon completion of an inspection and associated testing and prior to leaving the site, Contractor shall affix to the system the appropriate tag ("ITM Tag," "Yellow Tag," or "Red Tag"). Contractor shall provide one (1) signed, electronic copy of the inspection report within five (5) business days after testing and/or inspection is completed. All inspection reports shall be type written or computer generated. Reports documenting the testing and/or inspection of a fire sprinkler system shall be on a form that is acceptable to TFC and Contractor shall submit a copy of the proposed form to the TFC Contract Administrator for approval prior to use. Reports documenting the testing and/or inspection of a Pre-action Sprinkler System shall be on a form similar to the American Fire Sprinkler Association Form 113A - Report Inspection, Testing, and Maintenance of Pre-action and Deluge Fire Sprinkler Systems and Contractor shall submit a copy of the proposed form to the TFC Contract Administrator for approval prior to use. In addition, Contractor shall provide a detailed list of each initiating device tested, indicating the device type, location, alphanumeric label, if applicable, and indication if the device passed or failed the test. Electronic copies of the reports shall be submitted to the TFC Contract Administrator via email in PDF format. In addition, an inspection and testing report must be accompanied by a Service Ticket, scanned and submitted electronically. When deficiencies and/or code violations are discovered by the Contractor during the course of an inspection or test, they shall be documented and clearly identified per line item as a part of the inspection and/or test report after consultation with the TFC Contract Administrator. Each deficiency shall be identified as a "Red Tag" or "Yellow Tag" deficiency as indicated in Title 28, Texas Administrative Code, Chapter 34.
2 TFC CONTRACT NO. 18-070-000 RFP NO. 303-7-00934
(f) TFC shall be notified of all deficiencies and or impairments consisting of any area without fire protection within two hours of discovering the issue by phone and email. TFC shall be notified within 24hrs of all other deficiencies by phone and email.
(g) Any items that may be recommended by a manufacturer or contractor but that are not a code violation or deficiency that are recommended by the Contractor shall be listed separately on the inspection and/or test report and identified as recommendations only.
1.4. CONTRACT ADMINISTRATOR. (a) TFC shall designate a Contract Administrator for this Contract who will serve as the point of contact between TFC and Contractor. For all purposes, the Contract Administrator includes the Contract Administrator's designated representative. The instructions of the Contract Administrator are to be strictly and promptly followed by Contractor at all times. The Contract Administrator is to have free access to Contractor's supplies, equipment, and work product at all times for inspection and audit. Contractor is to afford the Contract Administrator all necessary assistance during those inspections and/or audits. The Contract Administrator will decide any and all questions that may arise as to the quality and acceptability of work performed, and as to the manner of performance and rate of progress of the work. The Contract Administrator will determine the amount of work performed and materials furnished which are to be paid under this Contract. Failure of the Contract Administrator during the progress of the Contract to: (i) discover or reject unacceptable work; (ii) discover work not in accordance with the Contract; or (iii) fail to exercise any remedies in connection therewith, shall not be deemed an acceptance thereof or a waiver of TFC' s right to full performance of the Contract.
(b) Contractor agrees to conduct all of its services under this Contract by and through appropriate communications with the Contract Administrator. No work shall be undertaken by Contractor except with the prior written direction of the Contract Administrator. Contractor understands and agrees that work performed without the prior written direction of the Contract Administrator is work outside the scope of this Contract and shall be performed exclusively at Contractor's risk and own expense. Contractor agrees to employ competent personnel meeting the requirements outlined in the terms and conditions of this Contract, who shall be satisfactory to TFC. Personnel assigned to perform services under this Contract may not be reassigned without the prior written notification to, and approval from, the Contract Administrator.
1.5. CONTRACTOR ACCESS. Access routes, entrance gates or doors, parking and storage areas, and other necessary Contactor access, along with any imposed time limitations shall be designated by TFC's Contract Administrator. Contractor shall conduct operations in strict observation of the access routes and other areas established. Under no circumstances shall any of Contractor's personnel, vehicles, or equipment enter or move upon any area not authorized by TFC's Contract Administrator for access by Contractor.
1.6. EXISTING UTILITIES AND STRUCTURES. Contractor shall adequately protect the work, TFC's property, adjacent property, and the public. In the event of damage to facilities as a result of Contractor's operations, Contractor shall take immediate steps to notify the Contract Administrator and subsequently repair or restore all services and facilities to the satisfactory approval of the Contract Administrator. Further, Contractor shall engage any additional outside services which may be necessary to facilitate repairs until services and facilities are restored. All costs involved in making repairs and restoring disrupted services and facilities shall be borne by Contractor, and Contractor shall be fully responsible for any and all claims resulting from the damage. The Contract 3
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(b) Notwithstanding the termination or expiration of this Contract, the provisions of this Contract regarding confidentiality, indemnification, transition, records, right to audit and independent audit, property rights, dispute resolution, invoice and fees verification, and default shall survive the termination or expiration dates of this Contract.
2.2. WORKING HOURS. Contractor shall conduct all testing after 6:00 P.M. or on weekends; however, visual inspections or testing that will not interfere with the day to day business operations ofTFC facilities may be conducted during the normal business hours of 7:00 A.M. to 6:00 P.M. Other contract work may also be performed at hours other than normal business hours, at the direction of the TFC Contract Administrator, in order to meet required schedules.
2.3. TERMINATION. (a) Termination with Default. TFC may terminate this Contract immediately for default by providing written notice to Contractor of such termination if the Contractor fails to execute the work properly, performs work in an unsatisfactory manner, or fails to perform any provision of the Contract. In the event of abandonment or default, Contractor will be responsible for paying damages to TFC, including but not limited to, the cost to resolicit this Contract and any consequential damages to the State of Texas or TFC resulting from Contractor's non performance. The defaulting Contractor will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work, unless the scope of work is significantly changed.
(b) Termination without Default. TFC may, at its sole option and discretion, terminate this Contract at any time, for any reason whatsoever, in whole or in part, by giving written notice (the "Notice of Termination") to Contractor at least thirty (30) days prior to the effective date of termination or reduction in the scope of work. In the event of termination by TFC under this subsection, Contractor shall be governed by the terms and conditions, and shall perform the acts outlined in the following Section 2.3(c) below.
(c) Implementation of Termination. Contractor shall terminate all work under the Contract to the extent and on the date specified in the Notice of Termination and until such date shall, to the extent stated in the Notice of Termination, do such work as may be necessary and be compensated only for such work as may be necessary as determined by Contract Administrator to preserve the work in progress and to protect materials, properties, and equipment. In the event of termination by TFC, TFC shall pay Contractor for all work satisfactorily performed up to the effective date of termination or reduction in the scope of work in accordance with the prices included in the scope of work.
(d) Termination by Contractor. Contractor may terminate the Contract upon providing sixty (60) days' written notice to TFC. In the event of termination by Contractor, Contractor shall be governed by the terms and conditions of this Contract, and shall perform the acts outlined in Section 2.3(c) above. Contractor will be held responsible for additional cost incurred from the termination of this Contract.
s TFC CONTRACT NO. 18-070-000 RFP NO. 303-7-00934
2.4. UNSATISFACTORY PERFORMANCE. TFC may consider the following levels of performance by Contractor as unsatisfactory. An unsatisfactory performance determination is not limited to the following:
(i) more than one (1) instance within one (1) calendar year of Contractor personnel assigned to an authorized test or inspection not having the skill or knowledge to perform the required test or inspection;
(ii) failure to timely complete and document required inspections;
(iii) failure to provide the tools necessary to complete the inspection or test; or
(iv) failure by Contractor, upon completion of testing or inspection, to place the fire alarm panel back in normal service, to place valves back in their normal position, place fire pumps in service, or to leave systems in other than their normal state.
2.5. No LIABILITY UPON TERMINATION. If this Contract is terminated for any reason, TFC and the State of Texas shall not be liable to Contractor for any damages, claims, losses, or any other amounts arising from or related to any such termination absent an award of damages pursuant to Texas Government Code, Chapter 2260.
III. CONSIDERATION.
3 .1. CONTRACT LIMIT AND FEES AND EXPENSES. (a) The total amount of this Contract shall not exceed the sum of One Hundred Fifty Four Thousand Five Hundred Sixty One and 08/100 Dollars ($154,561.08). Pricing fees will be invoiced in accordance with Exhibit B - Compensation and Fees, attached hereto and incorporated herein for all purposes. Any changes to the not-to-exceed amount or pricing fees set forth in Exhibit B - Compensation and Fees shall be submitted to TFC for review and shall be approved by amendment to this Contract.
(b) If, at any time during the term of this Contract, Contractor reduces the comparable price of any article or service covered by the Contract to customers other than TFC, the prices charged to TFC for such articles or services shall also be reduced proportionately. Such reduction shall be effective at the same time and in the same manner as the reduction in price to customers other than TFC. In addition to invoicing at the reduced prices, Contractor shall furnish promptly to TFC complete information regarding the reduction.
3.2. PAYMENTS TO CONTRACTOR. (a) Payments to Contractor will be made on a monthly basis and within thirty (30) days from receipt of a correct invoice or billing statement in accordance with the Texas Government Code, Chapter 2251, known as the Texas Prompt Payment Act. An invoice is considered received on the date it is date stamped by TFC. Contractor will be paid for completion of work accepted and approved by TFC's Contract Administrator.
(b) Contractor will be paid for work performed to the end of the preceding month, provided that the work required to be performed under the Contract shall have been fully and satisfactorily completed, accepted, and approved by TFC's Contract Administrator. Inspections shall not be considered to be complete and payable unless the completed, signed inspection form along with copies of Service Tickets have been submitted to and received by TFC.
6 TFC CONTRACT NO. 18-070-000 RFP NO. 303-7-00934
(c) Contractor shall invoice TFC for work performed by vendor identification number, building, and purchase order number. Invoices must include the purchase order number, the number of employees that worked on the job, the number of hours, and a copy of the project Service Ticket. Additionally, invoices for any materials purchased for each project must be provided. Address for submission is: Texas Facilities Commission, Accounts Payable, P.O. Box 13047, Austin, Texas 78711-3047 or via email at [email protected].
3.3. ADDITIONAL SERVICES AND ADJUSTMENTS. (a) "Additional Services" may include the addition of systems and/or facilities for which no unit price was included in Exhibit B - Compensation and Fees, and may be added to this Contract provided TFC and Contractor agree to a unit price. Prices for any additional systems shall be calculated by comparing pricing to similar services included in Exhibit B - Compensation and Fees. The addition of systems and/or facilities shall be documented by amendment to this Contract.
(b) At any time, TFC may adjust the Contract, in whole or in part. An adjustment will be made when a service is no longer required and shall be documented by amendment to this Contract.
IV. CONTRACTOR PERSONNEL.
4.1 REQUIRED QUALIFICATIONS. At all times during the term of the Contract, Contractor shall have available, under direct employment and supervision, the necessary qualified personnel, organization and facility to properly fulfill all the terms and conditions of this Contract. In addition, Contractor's personnel shall demonstrate that they meet or exceed the following qualifications.
(a) Contractor principals and employees shall have a minimum of five (5) years' experience performing tests on Clean Agent Fire Extinguishing Systems and Pre-action Sprinkler Systems similar in size and scope in buildings similar to those listed in Exhibit A - TFC Building and Equipment List. Contractor shall also have experience within the past five (5) years of managing a contract with the scope and size of this Contract; and
(b) Field technicians and subcontractors who will be performing the inspection, testing, and service required under this Contract shall hold a valid fire sprinkler contractor license from the Texas Department of Insurance State Fire Marshal's Office throughout the life of this Contract.
4.2. GENERAL AND CRIMINAL BACKGROUND CHECKS. (a) Contractor represents and warrants that Contractor and Contractor's employees have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Contractor has fully advised TFC as to the facts and circumstances surrounding the conviction.
(b) Contractor's employees and subcontractors that will complete any work on site at a state-owned property may be subject to a criminal background check. Any expense associated with such criminal background check shall be borne by Contractor. If requested by TFC, a complete criminal background check shall be completed before any employee performs services at the site, and may be requested at any time thereafter. Criminal background checks must be accomplished by the Texas Department of Public Safety ("DPS"), which includes fingerprint processing by an independent third-party company selected by DPS. Upon receipt of the fingerprints of Contractor's employees and/or subcontractors, DPS or TFC, will adjudicate the results of the criminal background searches in accordance with the criteria set forth in Exhibit C - Criminal Background Checks and Application Guidelines, attached hereto and incorporated herein for all purposes. 7
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1910.399. 1910.399.
risk
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CONTRACT CONTRACT
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303-7-00934 303-7-00934
to to
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Contractors Contractors
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18-070-000 18-070-000
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date
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303-7-00934
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provide
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Additionally, the understands
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303-7-00934
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performed
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cafeterias.
WARRANTIES.
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Contractor
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day;
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midriff;
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RFP
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responsible
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Contract
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303-7-00934
performance
18-070-000
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Contract
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Health
TFC's
liable
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in
at TFC CONTRACT NO. 18-070-000 RFP NO. 303-7-00934
Uniform Building Code ("UBC"), Uniform Mechanical Code, Uniform Plumbing Code, NFPA, and all Texas health and safety standards. All electrical items must also bear the appropriate listings and certification from the Underwriters Laboratories Inc. ("UL"), Factory Mutual Research Corporation ("FMRC") or National Electrical Manufacturers Association ("NEMA").
7.4. PERFORMANCE WARRANTY. All work performed under this Contract shall be in accordance with applicable terms and conditions of this Contract and of local codes and ordinances and any other authority having lawful jurisdiction. Work performed under this Contract shall meet all applicable requirements of the latest revision of the NFP A codes. Contractor shall guarantee all work included in the Contract against any defects in workmanship and shall satisfactorily correct, at no cost to TFC, any such defect that may become apparent within a period of one (1) year after completion of work. The warranty period shall commence upon the date of acceptance by TFC.
7.5. MATERIAL WARRANTY. All material and equipment furnished under this Contract is guaranteed by Contractor to be in compliance with this Contract, fit and sufficient for the purpose intended, new and free from defects. Materials furnished under this Contract shall be the latest improved product in current production, as offered to commercial trade, and shall be of quality material. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, RECONDITIONED, OR DISCONTINUED PRODUCTS OR MATERIAL ARE NOT ACCEPTABLE. The warranty period for Contractor-provided materials shall be for a period of one ( 1) year after completion of the installation or within the manufacturer's warranty, whichever is longer. The warranty period shall commence upon date of acceptance by TFC. Contractor shall provide TFC' s Contract Administrator or his/her designated representative with all manufacturers' warranty documents within five (5) business days of completion of each project.
VIII. INSURANCE, INDEMNIFICATION AND LEGAL OBLIGATIONS.
8.1. INSURANCE. Prior to the commencement of work under this Contract, Contractor agrees to carry and maintain insurance in the following types and amounts for the duration of this Contract, to furnish certificates of insurance including corresponding policy endorsements, and make available, at no cost to TFC, copies of policy declaration pages and policy endorsements as evidence thereof:
(a) Workers' Compensation and Employers' Liability coverage with minimum policy limits for employers' liability of $100,000.00 bodily injury per accident, $500,000.00 bodily injury disease policy limit and $100,000.00 per disease, per employee. Workers' compensation insurance coverage must meet the statutory requirements of Texas Labor Code, Section 401.011(46). Certification in writing from Contractor and subcontractors shall be provided to TFC in accordance with Texas Labor Code, Section 406.096.
(b) Commercial General Liability with a combined single limit of $1,000,000.00 per occurrence for coverage A and B including products/completed operations, where appropriate, with a separate aggregate of $2,000,000.00 for bodily injury and for property damages. The general aggregate limit shall apply on a per project basis. The policy shall contain the following provisions:
(i) blanket contractual liability coverage for liability assumed under the Contract;
(ii) independent contractors' coverage;
12 General
certificate any better. the Contract. at evidence Approval Contractor. deductibles
on
retention
including
provides underlying
8.2. liability property bodily
shall
vehicles
volunteers
the
a
required
subcontractors
claims-made
contain
time
injury
Liability
coverages
damage.
with
(e)
(d)
shall
(
(b)
GENERAL
(d)
coverage
(c)
of
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c)
any
of
Contractor shall,
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Contractor
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(iii)
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following
self-insured
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to
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required
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REQUIREMENTS
Business
is
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issued
Waiver
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Additional the
State thirty
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TFC
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Automobile
on endorsements Liability
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Notice
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relieve
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INSURANCE.
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Liability
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13
policy
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Cancellation work be Cancellation
$250,000.00
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TFC:
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Policies.
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and
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Contractor
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CONTRACT
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RFP NO.
non-owned
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Contract.
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$5,000,000.00
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State
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303-7-00934 certificate
underwritten
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18-070-000
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THE OF,
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OR
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INDEMNIFICATION.
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EXECUTION
include
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Texas
insurance
OR
SHALL
this
CONTRACTORS,
14
change
thirty
13047,
Liability);
as
TFC
clause
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78711,
CONTRACTOR for
ORDER
based
General
without (30)
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FEES,
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INDEMNIFY
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policies
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required
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required
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cancellation;
upon
days
Contractor
of
OR
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not requests
of
expense,
Liability,
as
TFC
subrogation AND
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Texas
or
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THEIR
apply
required
written
applicable.
UNDER
under
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changes
by
exclusions
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request
revisions,
CONTRACT
non-renewal,
EXPENSES
to
CLAIMS,
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to
for 78711
of
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WITH
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insurance
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in
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to
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in
RFP
this
Contract
State
HOLD
of
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as
TFC
parties
adjustments each
except
or
statutory
THE
this
Contract,
additional
OR
of
NO.
DEMANDS,
modifications
TFC's
copies
AGREEMENT.
NO
ARISING OUT where
for
cancellations
coverage
affected
shall
or
erosion
section
HARMLESS
SUPPLIERS
hereto
OFFICE where
303-7-00934 .
to
the
Automobile
18-070-000
revision
OF AGENTS,
law, cancel of
be
TFC
AND/OR
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covering
Contract
OR
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policies
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policy:
during and
policy
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THE court
is
ITS
OR
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or
or PERFORMANCES
INDEMNITY. SUPERIOR EXISTENCE OF POTENTIAL TFC'S RESPONSIBLE ATTORNEY SHALL PROCURE AGAINST AND BY PORTION LICENSE ATTORNEY WITH SETTLEMENT AGREEMENT. THE PRODUCT THE CONTRACTOR'S IN REPRESENTATIVES, 8.5. OWNED MODIFICATIONS DEFENDANTS INTELLECTUAL PATENTS, OFFICE WITHOUT PERFORMANCES THE TO THE FURNISH CLAIM,
HARMLESS
NOTICE 8.4.
ANY
TFC
PAY
THE
ALL
ALLEGED
PRODUCT
PRODUCT
ATTORNEY
ALL
SPECIFIC
(c) TAXES, INFRINGEMENTS.
(b)
THAT
LAWSUIT
BY
BE
TO
OR
ALL
OF
PRODUCT
AGREEMENT.
THIRD
TIMELY
OF
TFC,
FOR
OR
PRODUCT
FIRST
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COPYRIGHTS,
STATE
OR
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EACH
GENERAL
GENERAL.
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COORDINATED CLAIM,
THE
COSTS
OF
IF
CONTRACTOR
SERVICE
IN
WORKERS'
CONTRACTOR
IS
LICENSED
WITHOUT
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FOR
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CONTRACTOR
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CONTRACTOR
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OR
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NOT
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WRITTEN
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CONTRACTORS,
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CONTRACTOR
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OF
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NO.
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SETTLEMENT
BY:
DEFENDANTS
ARE
NO.
ANY
EXPENSE:
APPLICABLE
DURING
TO
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ACTUAL
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OUT
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POTENTIAL
FROM
SECTION
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AGREE
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AFFECTED
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WITH
ENTIRELY
303
TO
MADE
WRITTEN
(i) PERSONS,
INCLUDING
PORTION
18-070-000
DEFENSE
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SERVICE
COMPLY
AGENTS,
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OF
STATES
NAMED
LIABLE
OF
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OTHER
USE
7-00934
RIGHT
HOLD
THIS
ANY
ANY ANY
AND
THE THE THE
THE THE
THE
THE
OR
OR TO
TO
TO
OF
IF
(i) TFC CONTRACT NO. 18-070-000 RFP NO. 303-7-00934
INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. TFC AND/OR THE STATE SHALL NOT BE LIABLE TO THE CONTRACTOR, ITS EMPLOYEES, AGENTS, OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF ANOTHER GOVERNMENTAL ENTITY CUSTOMER.
(b) CONTRACTOR AGREES TO INDEMNIFY AND HOLD HARMLESS TFC, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, AND/OR ASSIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEYS' FEES, AND EXPENSES, RELATING TO TAX LIABILITY, UNEMPLOYMENT INSURANCE AND/OR WORKERS' COMPENSATION IN ITS PERFORMANCE UNDER THIS AGREEMENT. CONTRACTOR SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY CONTRACTOR WITH THE OFFICE OF THE ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND CONTRACTOR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. CONTRACTOR AND TFC AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
8.6. NOTICETO TFC. In the event Contractor becomes aware of any claim that may be subject to the above-described indemnification, Contractor shall notify TFC of such claim within five (5) business days of becoming aware.
8.7. SETTLEMENTAUTHORITY. No settlement of any such claim shall be made by Contractor without TFC's prior written approval.
8.8. LEGAL OBLIGATIONS. Contractor shall procure and maintain for the duration of this Contract any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Contractor to provide the goods or services required by this Contract. Contractor will be responsible to pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Contractor agrees to be responsible for payment of any such government obligations not paid by its subcontractors during performance of this Contract.
IX. CONTRACTOR GENERAL AFFIRMATIONS.
9.1. FINANCIALINTERESTS/GIFTS. (a) Pursuant to Texas Government Code Sections 572.051 and 2255.001 and Texas Penal Code Section 36.09, Contractor has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract.
(b) Pursuant to Texas Government Code Chapter 573 and Section 2254.032, if applicable, Contractor certifies that Contractor knows of no officer or employee of TFC, nor any relative within the second degree of consanguinity or affinity of an officer or employee of TFC, that has a financial interest in Contractor's company or corporation. Contractor further certifies that no partner, corporation, or unincorporated association which employs, retains or contracts with, or which
16 TFC CONTRACT NO. 18-070-000 RFP NO. 303-7-00934 may employ, retain, or contract with any of the above, has a financial interest in any entity with which Contractor will be dealing on behalf of TFC.
9.2. PRIOR EMPLOYMENT. Contractor certifies that Contractor shall comply with all applicable Texas and federal laws and regulations relating to the hiring of former state employees including "revolving door" provisions. Furthermore, Contractor certifies that if it employs any former employee of TFC, such employee will perform no work in connection with this Contract during the twelve (12) month period immediately following the employee's last date of employment at TFC.
9.3. ELIGIBILITY. Pursuant to Texas Government Code Section 2155.004(b), Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.
9.4. FAMILY CODE. Pursuant to the requirements of Texas Family Code Section 231.006, regarding delinquent child support, the undersigned signatory certifies that the individual or business entity named in this Contract is not ineligible to receive payment under this Contract and, if applicable, Contractor has provided the name and social security number of each person (sole proprietors, firm owners, partners, or shareholders) with at least 25% ownership of the business entity entering into this Contract prior to its execution. Contractor acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate.
9.5. DEBTS OR DELINQUENCIES TO STATE. Pursuant to Texas Government Code Section 403.055, Contractor understands and agrees that any payment due under this Contract may be applied toward payment of any debt that is owed to the State of Texas including, but not limited to, delinquent taxes and child support.
9.6. BUY TEXAS. If Contractor is authorized to make purchases under this Contract, Contractor certifies that Contractor will buy Texas products, services, and materials when available at a comparable price and in a comparable period of time pursuant to Texas Government Code Ch. 2155.
9. 7. EQUAL OPPORTUNITY. Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, sex, religion, age, sexual orientation or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees or applicants for employment, notices to be provided setting forth the provisions of this non-discrimination article. Contractor shall include the above provisions in all subcontracts pertaining to the work.
9.8. DECEPTIVE TRADE PRACTICE; UNFAIR BUSINESS PRACTICES. Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under the Texas Business and Commerce Code, Chapter 17, or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings. Contractor certifies that it has no officers who have served as officers of other entities' who have been the subject allegations of Deceptive Trade Practices violations or
17 TFC CONTRACT NO. 18-070-000 RFP NO. 303-7-00934
allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings.
9.9. AGENCY EXECUTIVE HEAD. Under Texas Government Code Section 669.003 relating to contracting with an executive of a state agency, Contractor represents that no person who, in the past four (4) years, served as an executive of TFC or any other state agency, was involved with or has any interest in this Contract or any contract resulting from this Contractor. If Contractor employs or has used the services of a former executive head of TFC or any other state agency, then Contractor shall provide the following information: the name of the former executive, the name of the state agency, the date of separation from the state agency, the position held with Contractor, and the date of employment with Contractor.
9.10. LIABILITY FOR TAXES. Contractor represents and warrants that it shall pay all taxes or similar amounts resulting from this Contract, including, but not limited to, any federal, state, or local income, sales or excise taxes of Contractor or its employees. TFC shall not be liable for any taxes resulting from this Contract.
9.11. No CONFLICTS. Contractor represents and warrants that Contractor has no actual or potential conflicts of interest in providing services to the State of Texas under this Contract and that Contractor's provision of services under this Contract would not reasonably create an appearance of impropriety.
9.12. PROHIBITION ON CERTAIN BIDS AND CONTRACTS. Under Texas Government Code, Section 2155.006, relating to the prohibition of certain bids and contracts, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Contractor represents and warrants that during the five (5) year period preceding the date of this Contract, Contractor has not been: (i) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Texas Utilities Code, Section 39.459, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (ii) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Texas Utilities Code, Section 39.459, Hurricane Katrina, or any other disaster occurring after September 24, 2005.
9.13. IMMIGRATION REFORM. (a) The Immigration Reform and Control Act of 1986, as amended, and the Immigration Act of 1990, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, requires that all employees hired since 1986 provide proof of identity and employment eligibility before they can work in the United States. TFC is committed to complying with all applicable immigration laws of the United States and requires compliance by all contractors and subcontractors who contract with the State. Contractor shall not place any employee of Contractor at a worksite, nor shall Contractor permit any employee, nor any subcontractor, to perform any work on behalf of or for the benefit of TFC without first confirming said employee's authorization to lawfully work in the United States.
(b) Contractor warrants that Contractor: (i) maintains and follows an established policy to verify the employment authorization of its employees and to ensure continued compliance for the duration of employment; (ii) has verified the identity and employment eligibility of all employees in 18 determination
shall
Subcontracting or Section
TFC.
Texas shall performed may
delegate requirements and level 9 subcontractors. Form
investigation will subcontract Immigrant it
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10
10.12. 10.11.
court
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to this which event immediately Force party available Contractor non-performance this labor any discontinuation agreement. mobilization, prevent, of writing performed services
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10.16.
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23
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CONTRACT
State
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2260 guarantees,
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Date GC with statement
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modification,
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24
be
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this TFC CONTRACT NO. 18-070-000 RFP NO. 303-7-00934
EXHIBIT A
TFC CONTRACT NO. 18-070-000
TFC BUILDING AND EQUIPMENT LIST
25 James John TCEQ TCEQ TCEQ TCEQ John TCEQ Thomas Tom Sam Stephen State Supreme
Insurance Central Insurance Child Department Department Archives Department Robert Department William Department William Disaster Bolm DSHS Brown Lvndon William Price E DSHS Insurance Human Promontory Robert DARS Department Parking Parking Parking Parking Parking Parking Parking
Parking Parking Parking Parking Parking Parking
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Houston
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Care
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Service
Records
Building Building Building Headquarters Administration Building Building
Earl
Heatly
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Services
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Winters
Reagan
B.
Garage Garage Garage Garage Garage Garage Garage
Gara11e Garage Gara2e Garage Garage Garage
P.
B B
J.
Recovery
.
F.
Building
Moreton
Court
.
.
Johnson
Warehouse Annex
Johnson
Building
Rusk
Hoby
Travis
Clements
Facility
Rudder
Austin
Warehouse
Building
Point
of of of
of of
of
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i
Warehouse (P35A) (P35B) Building
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lding
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(PKL)
(PKF)
(PKE)
(PKP)
{PKK)
(PKB)
(PKA)
(ARC)
(PKG) (PKH)
(PKN)
(PKQ)
Building
(CCF)
(PKM)
(PROM)
Bulldln11
Building
Building Building
(INS)
BuildinR i
ng
Building
Building
(PDB)
Building
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(TCC)
(DHSB)
Tower
{INW)
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{BHB)
(WHB)
(SCB)
(TJR)
(EOT)
(JHR)
Name
{WPH)
(JHW)
(CSB)
(WBT)
(SFA)
(DROC)
(REJ)
(JERI (RDM)
Lab
l
(LBJ)
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(HSW)
(DHB)
(WPC)
Building
(DARS)
G
F
H
K
(DHNL)
(DHF)
(DHK)
(DHH)
(RBB)
(DHT)
TFC
4044
4400
1001
1100 1100 1100 1100 1100 1100 1100
1100
333
333
201
909 105 300
300
209
209 205
1700 701
1701 1501
7915
111East17th 201 East 221
315
200 East
200
12100 12124 4900 12124 12118 12118
Building
4900
4800
1111
1711
1100
1518 1610 1401 1511
1311
300
6506
1604
920
Guadalupe
Guadalupe
West
West
West
West
West West West
West
West
Promontory
1507
1019
1200
Shoal
East West
West West West West West West
West
West
East
East
North
North North
Cameron
Address
San
North
North
North
North
San
San
San San San San
San
Colorado
Bolm
North North North North North
Colorado
14th 11th
17th 10th
10th
45th
Lavaca
14th 15th
Brazos
14th Brazos 15th 14th
15th 14th
51st
49th
49th 49th
49th
49th North 49th
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Creek
Antonio
and Equipment and
Jacinto
Jacinto
Jacinto Jacinto Jacinto Jacinto
Jacinto
Con2ress
Con2ress Congress
EXHIBIT
Lamar
Lamar
Lamar
Road
Loop
Street IH-35 IH-35
IH-35 Street
IH IH-35
Street Street Street
Street
Street Street
Street Street
Street Street Street
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.
A
Computer
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Garage Garage Garage Garage Garage Garage Garage Garage
Garage
Office
Office
Office
Office Office Office Office Office Office Office Office Office Office Office Office Office Office Office Office Office Office Office Office Office
Office Office Office
Office Listing
Office Office
Office Office Office
Use
Ctr.
Foota11e
111,244
418,103
419,372
487,248 161,787 123,018 259,974 482,584 176,201 100,997 149,606
318,786 466 473 136,429 300,767 104,658
170
132,965
634 196,302 299,512
307,091
101,299 132,200 261,737 277,700 141 269,087
261,882
Square
40,000 59,917 47,447
72,182 50,623
97,002
67,689 47,428
59,757 77,880 25,479 69,253
79,976 52,113
54,502
25,295 99,971
86,029
27,550
96,697
98,498
Gross
4,679
1,500
3,332
7,485
, ,
,
,
,
440
035
967
666 215
penthouse
Tower
Number
Tower Tower
East
11 12
16 11 13
12
5
7
3
4 + 4 7 7
8 +
7 + 9 8 + 7 +
Tower
6
+mechanical +mechanical +mechanical
+mechanical
+mechanical
1
+mechanical
6
+
+mechanical +
+mechanical
+mechanical +mechanical
+elevator
mechanical
(beneath
mechanical mechanical
mechanical mechanical
Tower
old
mechanical
mechanical
2
1
4
9 + - 3
2
5 +
{beneath
•
(beneath
TFC
side/
Basement)
of
-
penthouse
13 6 + -
5 +
penthouse
Floors
- 7 + 7 -
+
CONTRACT
10
4 4 5 5
6
4 1 1
1 1
1 1
3 5 1 7 3 5 4 1 1 3
mechanical 2 mechanical
7
8
2 6 2
2
mechanical
PDB
mechanical
5
penthouse
penthouse penthouse penthouse penthouse
penthouse new
penthouse penthouse
penthouse penthouse penthouse penthouse
mechanical
WPH)
penthouse
penthouse
penthouse penthouse
penthouse
penthouse
TJR)
(Including
&
RFP
TCC)
side
West
NO
PH
PH
NO
PH
3
03
18-070-000
-
7
-
0093
4 TFC CONTRACT NO 18-070-000 EXHIBIT A RFP NO. 303-7-00934
Parkin!! Gara11e R (PKR) 1706 San Jacinto Gara11e S8S,139 7 TSD Auditorium 1102 S Congress Other 12,347 unknown TSD Boys Elementary Dorm 1102 S Congress Other unknown unknown TSD Bus Barn 1102 S Congress Other unknown unknown TSD Cafeteria Building 1102 S Congress Other lS,310 unknown TSD Central Plant 1102 S Congress Other 6,7S6 unknown TSD Cottage 564 1102 S Congress Other 4,625 1 TSD Cottage 565 1102 S Congress Other 4,625 1 TSD Cottage 566 1102 S Congress Other 4,625 1 TSD Cottage 567 1102 S Congress Other 4,625 1 TSD Cottage 568 1102 S Congress Other 4,625 1 TSD Cottage 569 1102 5 Congress Other 4,625 1 TSD Cottage 570 1102 S Con11ress Other 4,625 1 TSD Co-Ed Elementary Dorm 1102 S Congress Other 8,400 unknown TSD Elementary School 1102 S Congress Other 51,470 unknown TSD Ford Building 1102 S Congress Other 37,002 unknown TSD Girl's Elementary Dorm 1102 S Congress Other unknown unknown TSD Health Center 1102 S Congress Other 3,759 unknown TSD Herita11e Center 1102 S Congress Other 4,448 unknown TSD High School 1102 S Congress Other 89,058 4 TSD Klieberg Building 1102 S Congress Other 19,616 unknown TSD Koen Hall 1102 S Congress Other 38,078 3 TSD Lewis Hall 1102 S Congress Other 38,078 3 TSD Maintenance Building 1102 S Congress Other unknown unknown TSD Boy's Middle School Dorm 1102 5 Congress Other unknown unknown TSD Pease Building 1102 S Congress Other 15,278 unknown TSD Seeger Gymnasium 1102 S Congress Other 25,741 unknown TSD SND Boy's 1102 S Congress Other unknown unknown TSD SND Girl's 1102 S Congress Other unknown unknown TSD Swim Center 1102 S Congress Other 36,404 unknown TSD Transpotation 43 A&B 1102 S Congress Other unknown unknown TSD Transpotation 44 A&B 1102 S Congress Other unknown unknown TSD Transpotation 45 A&B 1102 S Congress Other unknown unknown TSBVI Building 600 Main Education Building 1100 W. 45th St Other 70,061 2 TSBVI Building 601 Cafeteria Building 1100 W. 45th St Other 9,309 1 TSBVI Building 602 Fine Arts and Auditorium 1100 W. 45th St Other 14,230 1 TSBVI Building 603 Health Center 1100 W. 45th St Other 15,130 unknown TSBVI Building 604 Pool 1100 W. 45th St Other 9,107 unknown TSBVi Building 605 Conference Center 1100 W. 45th St Other 15,411 unknown TSBVi Building 606 Elementary School 1100 W. 45th St Other 31,085 1 TSBVI Building 607 Career Education 1100 W. 45th St Other 19,900 unknown TSBVI Building 608 Business Center 1100 W. 45th St Other 7,077 unknown TSBVI Buildinl! 609 Gymnasium 1100 W. 45th St Other 28,598 unknown TSBVI Building 610 Operations/Warehouse 1100 W. 45th St Other 27,071 unknown TSBVI Buildinl! 507 1100 W. 45th St Other 4,058 2 TSBVI Building 640 Dorm 1100 W. 45th St Other unknown 1 TSBVI Buiidin11 657 Dorm 1100 W. 45th St Other 5,653 1 TSBVI Building 577 Dorm 1100 W. 45th St Other 5,049 1 TSBVi Buildinl! 4801 Dorm 1100 W. 45th St Other 2,970 1 TSBVI Building 650 Dorm 1100 W. 45th St Other 5,653 1 TSBVI Building 651 Dorm 1100 W. 45th St Other 5,653 1 TSBVI Building 652 Dorm 1100 W. 45th St Other 5,653 1 TSBVI Building 653 Dorm 1100 W. 45th St Other 5,653 1 TSBVI Building 654 Dorm 1100 W. 45th St Other 5,653 1 TSBVI Building 655 Dorm 1100 W. 45th St Other 5,653 1 TSBVI Building 656 Dorm 1100 W. 45th St Other 5,653 1 TSBVI Building 661 Dorm 1100 W. 45th St Other 3,825 1 TSBVi Building 662 Dorm 1100 W. 45th St Other 3,825 1 TSBVi Building 663 Dorm 1100 W. 45th St Other 3,825 1 TSBVI Building 573 Dorm 1100 W. 45th St Other 5,049 1 TSBVI Building 574 Dorm 1100 W. 45th St Other 5,049 1 TSBVI Building 575 Dorm 1100 W. 45th St Other 5,049 1 TSBVI Building 576 Dorm 1100 W. 45th St Other 5,049 1 TFC
COMPENSATION
CONTRACT
EXHIBITB
26
NO.
AND
18-070-000
FEES
TFC
CONTRACT
RFP
NO.
NO.
303-7-00934
18-070-000 TFC CONTRACT NO. 18-070-000 EXHIBITB RFP NO. 303-7-00934
tqca SlmplexGrinnell Respondent Name: SIMPLEXGRINNELL, LP
RFP 303-7-1;10934·Attachment D - Compensation & Fees -Addendum #3 Revision
3-Year Testing 5-Year Facility Annual Inspection (Dry Syste_m)* Testing and Testing Price (Standpipe)**
Archives Bulldlng (ARCI $ 1,201.58 W1tSystlm Pre-ac:tlon Systlm Standpipe
Balm Road Warehouse (WHB) $ 520.82 WetSystlm Anti-freeze System Hose System
Brown Heatly Bulldln!i! (BHB) $ 1,600.00 Three (3) Fire Hydrant Inspections Fire Pump WetSystlm Standpipe Three (3) Anti-Freeze Systems Preactlon Systems - Nate: Inspection of the preactlon systems on the 3rd floor that are associated wHhthe Gas Suppression systems wlll be perfonned under separate contract and are to be excluded tram this bid.
Central Services Bulldlng (CSB) $ 941.24 Fire Pump WetSystam Pre-ac:tlon System Anti-freeze System Standpipe
Chlld care Faclllty (CCF) $ 173.54 2 Wat Systems
OARS Admlnll1tart1on Bulldlng (OARS) $ . 520.62 Wat System
D•e•rtment of Health Bulldlng F (DHF) $ 173.54 Standpipe
Department of Health Bulldlng G (RBB) $ 260.31 Standpipe
Department of Health Bulldlng H (DHH) s 195.27 2 Dry Stand Pipe System•
Department of Health Bulldlng K (DHK) s 260.31 Standpipe
Robert D. Moreton Bulldlng (ROM) s 557.82 Fire Pump WatSylltlm Standpipe
Department of Health New Lab (DHNL) $ 1,478.00 $ 500.00 Ory System Fire Pump WetSylltlm Standpipe Pre-Action Systam
'?.-•
03117 James
John
John
Insurance
Insurance
DSHS
!2§!:!S
E Def!!rtment Insurance
L~don Price Human
Olsutar
.
O.
Thompson
H.
H.
Daniel
S1!!15!
HHdquartera
Earl
Services
B.
Wlntare
Rea!i!an
Recovery
WetSy9tllm
Wat
Annex
Warehoua• Standpipe Standpipe Standpipe WetSystam Wet Wet Two W9tSy9tam
Standpipe Wet Standpipe excluded Fire Standpipe Standpipe Standpipe Wat Pre-action WetSyatem Wet Fire Two Wet praactlon preactlon performed be performed Suppression Flr1Pump Suppression Standpipe DrySy9tam
Bulldln!! WetSY11m Wet Preactlon Deluge WetSyetam Fire Fire Pre-action
Pre-action
Pre-action
Johnson
Rudder
of
Building
excluded
gull!ll!!O
System
Pump
Pump System
System
System
System
system
System Health Pump
System
Pump
(2)
(2)
Building
Bulldln!i!
Building
WarehouH
(INX)
System
Dry
Anti-Freeze
Building
from
(INS)
Building
system system
Building
System under under
Buildings
Syaum
Sy9tllm
System
Syslllm
(PDB!
Tower
from
(INW)
System•
system
system
l!U:!lH!I
this
(EOT)
(JHR)
(JHW)
1eparata
separate
associated
a1S10clated
this
(OROC)
bid.
(JERI
-
Building
(HSW)
(LBJ!
-
In
on
NOTE
Systems
NOTE
(DHB!
bid
the
Iha
.
contract contract
Annex
:
first
:
with with
lnspacflon
!DHT)
Inspection
floor
Iha Iha
will
and and
wlll
Gas Gas
be
Is
Is
of
of
be
to
to
the
the
be
EXHIBITS
$
$ s s
s $ $
s $ $
s $ $
s
1,015.84
1,015.84
1
1,015.84
484.BS 836.73
557.82
180 278.91
929 371.88 743.76
371.88
657
,
584
.
.
.
82
47
70
.
40
TFC
s
s
CONTRACT
600
500
.
.
00
00
RFP
NO.
NO.
303-
18-070-000
7-00934
03/17 Thomas
TCEQ
Supreme
TCEQ
TCEQ
TCEQ
Stata
TCEQ
st.phen
Sam
Promontory
Robert
Houston
Records
Bulldlni
Bulldlng
Building
Building
Building
E.
J.
F
Court
Johnson
.
Wet Wet
Wet
Two
WetSl(stem Wet
Wet
with
Wat of Two preactlon Standpipe Wet contract on pllformed be Supprasslon
Pre·lctlon Standpipe Fire Standpipe
Pre-action Gas Five Pre-Action
Wet Fire Wet
preactlon excluded Deluge perfonned
excluded Pre-action
preactlon Standpipe
performed Pre-ac:tlon Suppression Standpipe
Wet Suppretslon Fire
Fire
Dry
Fire Five
Pre
Rusk
Austin
Point
the
excluded
level
Bulldlni
Action
System
Center
2-new
System System
System
System
System
System Pump
System Pump
Suppression System
Pump
System
Pump
Pump System
(5)
A
E
(2)
(2)
D C
(5) B
Building
preactlon
Building
(P35E) (P35A)
(P35D)
(P35B)
(P35C)
System
Wet
9
Building
Pre-Action
Wet
Pre-action (PROMP)
and
from
Building
from
system
system
system
wtll
under
under
under
system
gas
System
Sptem
System
Syatem
System
(SRC)
from
a111
system
Systems
system
system
Systems
-
(SHB)
be
this
this
In
(SCB)
suppraa&lon
systems
(TJR)
to
performed
TPW
separated
separate
separate
associated
a11oclated
associated
this
systems
(SFA)
Is
bid.
bid
(REJ)
be
·NOTE Systems
-
-
Systems
In
on
In
naw
NOTE:
NOTE:
bid. .
excluded
Building
the
Room
the
l
associated
and
contract
conlrllct
In
Basement
tlrst
contract
:
under
systems
with
with
wtth
the
Inspection
lnapectlon
Inspection
·NOTE
140
\11111
on
from
flOCJr
baaement
the
the
the
be
wtll
SBparate
same
and
and
with
IS'ld
will
tasted
this
Gas
Gas
Gas
:
wtll
be
Inspection
Is
Is
of
oflhe
of
Is
be
property
the
bid.
be
to
to
the
to
Iha
and
be
be
·
EXHIBIT
$ $
$
$
$
$
$ $
$
$ $
$
1,881.38
1,201.58
1,015.84
1,201.58
H0.79
371.88 371.88
150.79
929.70
888.78 371.88
371.88
B
TFC
s
CONTRACT
500.00
RFP
NO.
NO.
303-
18-070-000
7-00934
03117 TFC CONTRACT NO. 18-070-000 EXHIBITB RFP NO. 303-7-00934
Tom C. Clark Bulldlng (TCC) $ 1,387.57 Wet System Fire Pump ·Main Fire Pump • Standby Standpipe
Wllllam B. Travis Bulldlng (WBT) $ 1,884.40 Fire Pump Wet System Standpipe Anti-freeze System Pre Action System
Wllllam P. Clamanta Bulldlng (WPC) $ 1,649.22 FlrePUml! Wet System Standpipe
Wiiiiam P. Hobby Bulldlng (WPH) $ 1,649.22 Fire Pump WetSystam Standpipe Pre Action System
Parking Garage A $ 185.94 $ 2,000.00 Standpipe
Parking Garage B $ 185.94 s 2,000.00 Standpipe
Parking Garage E $ 185.94 s 2,000.00 Standpipe
Parking Gar1ge F $ 185.94 $ 2,000.00 Standpipe
Parking Garage G $ 185.94 $ 2,000.00 Standpipe
Parking Garage H $ 484.85 $ 2,000.00 Standpipe Wat System
Parking Garage J s .1,016.22 $ 500.00 $ 2,000.00 Dry System (X3) Standpipe
Parking Garage K s 557.82 $ 500.00 $ 2,000.00 DrySyatem Standpipe
Parking Gara!le L $ 1,016.22 s 500.00 $ 2,000.00 Dry System (X4) Standpipe
Parking Garage M $ 371.88 $ 500.00 Dry System
Parking Garage N $ 743.76 $ 500.00 $ 2,000.00 Dry System Standpipe Fire Pump
Parking G1ra!le P $ 371.88 $ 600.00 $ 2,000.00 Dry System Standpipe
Parking Garage Q $ 185.94 s 2,000.00 Standpipe
Parking Garage R $ 464.85 $ 2,000.00 Standpipe Wat System
03117 TFC CONTRACT NO. 18-070-000 EXHIBIT B RFP NO. 303-7-00934
TSO Auditorium $ 557.82 Wet System
TSO Boys Elementary Donn $ 657.82 Wet System
TSO Bua Barn $ 278.91 Wet System
TSO Cafetarll Bulldlng $ 371.88 We~Systam
TSO Central Pl1nt $ 371.88 Wet System
TSO Cottage 564 $ 185.94 Wet System
TSO Cottage 585 s 185.94 Wit System
TSO Cottage 586 $ 185.94 Wet System
TSO Cottage 587 $ 185.94 Wet System
TSO Cotta111 588 $ 185.94 WelSystam
TSO Cottage 569 s 185.94 Wet System
TSO Cottage 570 s 185.94 Wet System
TSO Co-Ed Elementary Dorm $ 557.82 Wit System
TSO Elementary School s 1,015.22 Wet System
TSO Ford Bulldlng s 557.82 Wet System
TSO Girl's Elementlry Donn s 557.82 ~etSystem
TSO H111th Center s 185.94 Wet System
TSO Heritage Center s 371.88 Wet System
TSO High School s 1,015.84 Wet System
TSO Kllebe!) Bulldlng s 371.88 Wet System
TSO Koen Hall $ 557.82 Wet System
TSO Lewis Hall $ 557.82 Wet System
TSO Malntlnance Bulldlng $ 371.88 Wet System
TSO Boy's Mlddle School Donn s 557.82 Wet System
TSO Pease Bulldln!I $ 185.94 Wet System
03/17 TFC CONTRACT NO. 18-070-000 EXHIBIT B RFP NO. 303-7-00934
TSD Seeger Gymnasium $ 371.88 2 • Wet System
TSO SND Boy's $ 185.94 Wet System
TSDSNDGlrl'• $ 185.94 2 ·Wet System
TSO Swim Center $ 278.91 Wet System Anti-Freeze System
TSO Tranapotatlon 43 A&B $ 371.88 $ 500.00 Dry System
TSO Transpotatlon 44 A&B $ 371.88 $ 500.00 Dry System
TSO Transpotatlon 45 A&B $ 371.88 s 500.00 Dry System
TSBVI Building 800 Main Education Bulldln!! s 557.82 Wet System
TSBVI Building 801 Cafeteria Building $ 185.94 Wet System
TSBVl Building 802 Fine Ar1ll and Auditorium $ 185.94 Wet System
TSBVI Building 803 Health Center $ 278.91 Wet System
TSBVI Building 804 Pool $ 185.94 We,tSystem
TSBVI Building 805 Conference Center $ 278.91 Wet System
TSBVI Building 808 Elementary School s 371.88 Wet System
TSBVI Building 807 C1reer Education $ 371.88 Wet System
TSBVI Building 808 Business Center s 185.14 Wet System
TSBVI Building 809 Gymnasium $ 278.91 Wet System
TSBVI Building 810 DperatlonslWarehouse s 484.85 Wet System
TSBVI Building 507 $ 185.94 Wet System
TSBVI Building 840 Dorm $ 185.94 Wet System
TSBVI Building 857 Dorm $ 185.94 Wat System
TSBVI Building m Dorm s 185.94 Wet System
TSBVI Building 4801 Dorm $ 185.94 Wet System
TSBVI Bulldlng 650 Dorm $ 185.94 Wet System
03117
cost cost
··~·Y••r ··~·Y••r
•some •some
TSBVI TSBVI
TSBVI TSBVI
TSBVI TSBVI
TSBVI TSBVI
TSBVI TSBVI
TSBVI TSBVI
TSBVI TSBVI
TSBVI TSBVI
TSBVI TSBVI
TSBVI TSBVI
TSBVI TSBVI
TSBVI TSBVI
TSBVI TSBVI
to to
test test
fl Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng st111dp1pc st111dp1pc Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng Bulldlng each each Wet Wet Wet Wet WatSyatam WatSyatam Wat Wat Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet Wet dsy dsy have have System System System System System System System System System System testing testing System System System System System System System System System System System System System System 576 576 system system 575 575 574 574 573 573 883 883 662 662 681 681 655 655 656 656 854 854 653 653 652 652 851 851 mulrlplt'< mulrlplt'< Donn Donn Dorm Dorm Donn Donn Donn Donn Dorm Dorm Dorm Dorm Dorm Dorm Dorm Dorm Donn Donn Dorm Dorm Donn Donn Dorm Dorm Dorm Dorm bas bas Is Is stOO, stOO, alrcad.v alrcad.v of of the the the the noted noted been been listed listed perform system system price price should should P! P! under under .. .. se se rood rood pro•ide pro•ide a a different different 5100, 5100, a a C05I C05I not not contract, contract, S200 S200 tbr tbr the the except except ;.y ;.y .. .. r r for for t t .. .. EXHIBIT EXHIBIT $( $( $ $ $ $ $ $ $ $ $ $ $ $ $ $ t t $ $ $ $ $ $ $ $ $ $ $ $ tho tho on• on• TOTAL.ANNUAL TOTAL.ANNUAL notod notod single single garagCJ garagCJ system system 119,530 185.94 185.94 185.94 185.94 185.94 185.94 185 185.94 185.94 185.94 185.94 185.94 185.94 185.94 185.94 185.94 185.94 185.94 185.94 185 185.94 185.94 185.94 185.94 B B COST COST . . 94 94 94 94 Fnr Fnr . 64 64 e there there are are TFC TFC 2 2 dry dry system• system• CONTRACT CONTRACT at at the the LBJ LBJ RFP RFP Srote Srote NO Oftk• Oftk• NO. NO. . . Building Building 303- 18-070-000 18-070-000 7-00934 7-00934 If If tho tho proposed proposed 0311 7 7 CRIMINAL BACKGROUND TFC CONTRACT CHECKS EXHIBIT 27 NO. AND C 18-070-000 APPLICATION TFC CONTRACT GUIDELINES RFP NO. NO. 303-7-00934 18-070-000 TFC CONTRACT NO. 18-070-000 EXHIBITC RFP NO. 303-7-00934 Texas Facilities Commission---Criminal Background Checks and Application Guidelines TEXAS FACILITIESCOMMISSION CRIMINALBACKGROUND CHECKS AND APPLICATION GUIDELINES It is the policy of the Texas Facilities Commission ("TFC") that all contractor employees and subcontractors that will complete any work on-site at a state-owned property may be subject to a criminal background check. Any expense associated with such criminal background check shall be borne by the contractor. Contractor employees and subcontracts who work in case-sensitive areas shall be required to submit to a criminal history background check. If requested by TFC, a complete criminal background check shall be completed before any employee performs services at the site. Criminal background checks must be performed by the Texas Department of Public Safety ("DPS") and must be on the form provide by TFC. I. CRIMINALHISTORY CRITERIA Employers should use the following criminal history criteria when hiring employees to perform work for TFC. Any employee failing to meet the minimum standard will be denied. If special circumstances exist, please contact the TFC representative for clarification or further consideration. A conviction or deferred adjudication for one of the following offenses will result in the permanent disqualification of a person from eligibility to provide contractual services with Texas Facilities Commission: (i) any act causing death as defined in Texas Penal Code; and (ii) any felony or misdemeanor involving arson, burglary, breach of computer security, credit card abuse, counterfeiting, forgery, kidnapping, robbery, stalking, terroristic threat, theft, and any sexual offense designated as a felony in Texas Penal Code. Additionally, anyone who has a current duty to register as a sex offender, is under indictment or is a fugitive from justice is disqualified. TFC CONTRACT NO. 18-070-000 EXHIBIT C RFP NO. 303-7-00934 Texas Facilities Commission---Criminal Background Checks and Application Guidelines For individuals who have a conviction or deferred adjudication for felonies not enumerated above, 10 years must have passed from the time of disposition or discharge of probation in order for that person to be eligible to provide contractual services with the TFC. For individuals who have a misdemeanor conviction or deferred adjudication for misdemeanors not enumerated above, 5 years must have passed from the time of disposition or discharge of probation in order for that person to be eligible to provide contractual services with the TFC. II. CRIMINALBACKGROUND PROCESS DPS has entered into an exclusive contract with IdentoGO Centers, formerly L-1 Enrollment Services, operated by MorphoTrust USA. IdentoGO by MorphoTrust is the exclusive live scan fingerprinting provider for DPS. All TFC contractors that are subject to TFC criminal background check requirements must create an account with IdentoGO in accordance with the IdentoGO Account Application and requirements attached hereto as "Attachment A". Thereafter, all contractor employees and subcontractors must follow the registration procedures attached hereto as "Attachment A" including using the Texas Facilities Commission Service Code 11G6ZN. All necessary instructions and information to schedule a fingerprint appointment is included in Attachment A. In addition, the only service code accepted by DPS for a TFC criminal background check is the service code provided in Attachment A, hereto, therefore, if an individual does not use the service code in Attachment A, he or she may be required to repeat the process at the expense of contractor. Contractors can began the process by simply clicking on this link: https://uenroll.identogo.com/servicecode/11G6ZN Additionally, forms and instructions can be found on the IdentoGO website at http://www.identogo.com by clicking on the State of Texas. Links on that page include one for online scheduling and a list for the state-wide fingerprinting locations. The waiver form for the criminal background check is attached hereto as "Attachment B". In the event Contractor needs to set up a new account, please refer to the attached link for instructions: http://www.11enrollment.com/state/forms/tx/566718664f05a.pdf. III. CRIMINALHISTORY ERROR RESOLUTION The Error Resolution Unit ("ER") is responsible for updating and evaluating possible errors in criminal history records. Potential errors are reported to ER by law enforcement, judicial agencies, as well as private citizens. If an applicant would like to make a request that a criminal history record be updated or corrected, the applicant will need to supply certified documents to the ER. Required forms and additional information submit a correction request to the ER can be found at: http://txdps.state.tx.us/administration /crime records /pages /errorresolution.htm. IV. TFC CONTACTS For any questions involving the TFC criminal background check process, please contact the following: TFC CONTRACT NO. 18-070-000 EXHIBITC RFP NO. 303-7-00934 Texas Facilities Commission---Criminal Background Checks and Application Guidelines Tommy Oates, Deputy Executive Director Office: 512-463-3057 Cell: 512-463-3376 Email: [email protected] Shawn Finley, Manager Office: 512-463-1668 Cell: 512-848-3111 Email: [email protected] Sharee Johns, Team Lead Office: 512-463-6157 Cell: 512-961-2928 Email: [email protected] TFC CONTRACT NO. 18-070-000 EXHIBIT C RFP NO. 303-7-00934 Texas Facilities Commission---Criminal Background Checks and Application Guidelines ATTACHMENTA Facilities Commission (ORI Facilities Commission/Service Code 11G6ZN) The general process for electronic fingerprinting is: 1. Schedule an appointment to be electronically fingerprinted by MorphoTrust USA at one of their ldentoGo enrollment centers. • Internet based scheduling is the quickest and most convenient way to obtain a fingerprint appointment. a. You may begin the process now by simply clicking on this link: https://uenroll.identogo.com/servicecode/11G6ZN b. Provide all required pre-enrollment data and select a convenient date and time for your appointment • If you prefer to schedule over the telephone, you must: a. Have your Service Code ready (11G6ZN), then call 888.467.2080; b. MorhphoTrust will prompt you for the Service Code (11G6ZN); c. Provide all required pre-enrollment data and select a convenient date and time for your appointment 2. Arrive at your scheduled appointment with your photo identification and fee • If you plan on bringing a form of identification other than a valid (unexpired) TX Driver License, please refer to the Department of Public Safety's acceptable document types here: http://www.llenrollment.com/state/forms/tx/55fc619a7f7aa.doc • MorphoTrust accepts Visa/MasterCard/Discover/American Express, business checks, money orders and coupon codes (employer accounts) at the time of service. • Please note that personal checks and cash are not accepted. 3. Your fingerprints will be submitted electronically to DPS and the FBI. You will not receive a printed fingerprint card. 4. At the conclusion of your appointment, the MorphoTrust enrollment agent will provide you with an ldentoGo receipt stating that you were fingerprinted. • Do not throw away the receipt; • You may check status on your submission by clicking on this link: https://uenroll.identogo.com/servicecode/11G6ZN and then; • Click "Check Status" Fingerprints provided for this application shall be used to check criminal history records of the Texas Department of Public Safety and the Federal Bureau of Investigation, in accordance with applicable statutes. TFC CONTRACT NO. 18-070-000 EXHIBITC RFP NO. 303-7-00934 Texas Facilities Commission---Criminal Background Checks and Application Guidelines ATTACHMENTB TFC CONTRACT NO. 18-070-000 EXHIBITC RFP NO. 303-7-00934 ldentoGO Facilities Commission By MorphoTrustUSA Texas Fingerprint Service Code Form Service Name: Facilities Commission lo schedule your ten-minute fingerprint appointment, simply visit https://uenroll.identogo.com and enter the following Service Code ~~~~~~~~~~___,! 11G6ZN (.....-~~~~~~~~~~ Service Code is unique to your hiring/licensing agency. Do not use this code for another purpose. Background Check Waiver I certify that all information I provided in relation to this criminal history record check is true and accurate. I authorize the Texas Department of Public Safety (DPS) to access Texas and Federal criminal history record information that pertains to me and disseminate that information to the designated Authorized Agency or Qualified Entity with which I am or am seeking to be employed or to serve as a volunteer, through the DPS Fingerprint-based Applicant Clearinghouse of Texas and as authorized by Texas Government Code Chapter 411 and any other applicable state or federal statute or policy. I authorize the Texas Department of Public Safety to submit my fingerprints and other application information to the FBI for the purpose of comparing the submitted information to available records in order to identify other information that may be pertinent to the application. I authorize the FBI to disclose potentially pertinent information to the DPS during the processing of this application and for as long hereafter as may be relevant to the activity for which this application is being submitted. I understand that the FBI may also retain my fingerprints and other applicant information in the FBl's permanent collection of fingerprints and related information, where all such data will be subject to comparisons against other submissions received by the FBI and to further disseminations by the FBI as may be authorized under the Privacy Act of 1974 (5 USC 552a). I understand my fingerprints will be searched by and against civil, criminal and latent fingerprints in the Next Generation Identification (NGI) system. I understand I am entitled to obtain a copy of any criminal history record check and challenge the accuracy and completeness of the information before a final determination is made by the Qualified Entity. I also understand the Qualified Entity may deny me access to children, the elderly, or individuals with disabilities until the criminal history record check is completed. If a need arises to challenge the FBI record response, you may contact the agency that submitted the information to the FBI, or you may send a written challenge request to the FBl's Criminal Justice Information Services (CJIS) Division at FBI CJIS Division, Attention: Correspondence Group, 1000 Custer Hollow Road, Clarksburg, WV 26306. ~ Don't have access to the Internet? You can still schedule an appointment by calling 888.467.2080 TFC HUB CONTRACT SUBCONTRACTING EXHIBITD 28 NO. 18-070-000 PLAN TFC CONTRACT RFP NO. NO. 303-7-00934 18-070-000 EXHIBIT D TFC CONTRACT NO. 18-070-000 Rev 2/17 HUB Subcontracting Plan (HSP) QUICK CHECKLIST While this HSPQuick Checklist is being provided to merely assist you in readily identifying the sections of the HSPform that you will need to complete, it is very important that you adhereto the instructions in the HSPform and instructions provided by the contracting agency. > If you will be awarding all of the subcontracting work you have to offer under the contract to .!millTexas certified HUB vendors, complete: D Section1 - Respondentand Requisition Information D Section2 a. -Yes,I will besubcontracting portions of thecontract. D Section2 b. - Listall theportions of workyou will subcontract,and indicate the percentage of thecontract you expect to awardto Texascerti fied HUBvendors . D Section2 c. -Yes D Section4 -Affirmation D GFEMethod A (AttachmentA) - Completean Attachment A for eachof thesubcontracting opportunities you listed in Section2 b. > If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you "-'t...nmhave a conUnuous ~ in place for more than five (5) years meets pr exceeds the HUB Goal the contracting agency Identified in the "Agency Special Instructions/Additional Requirements", complete: D Section1 -Respondentand Requisition Information D Section2 a. - Yes,I will besubcontracting portions of thecontract. D Section2 b. - Listall theportions of workyou will subcontract,and indicate the percentage of thecontract you expect to awardto Texascert ifiedHUB vendors andNon-HUB vendors. D Section2 c. - No D Section2 d. - Yes D Section4 -Affirmation D GFEMethod A (AttachmentA) - Completean Attachment A for eachof thesubcontracting opportunities you listed in Section2 b. > If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors or only to Non-HUB vendors, and the aggregate percentage of all the subcontracting work you will be awarding to the Texas certified HUB vendors with which you "-'t...nmhave a cpnt;nupus cpntcacr in place for more than five (5) years dpes apt meet pr exceed the HUB Goal the contracting agency Identified in the "Agency Special Instructions/Additional Requirements", complete: D Section1 - Respondentand Requisition Information D Section2 a. -Yes,I will besubcontracting portions of thecontract. D Section2 b. - Listall theportions of workyou will subcontract, and indicate the percentage of thecontract you expect to awardto Texascertified HUB vendors andNon-HUB vendors. D Section2 c. - No D Section2 d. - No D Section4 -Affirmation D GFEMethod B (AttachmentB) - Completean Attachment B for eachof thesubcontracting opportunities you listed in Section2 b. If you will not be subcontracting any portion of the contract and will be fulfilling the entire contract with your own resources (I.e., employees, supplies, materials and/or equipment), complete: D Section1 - Respondentand Requisition Information D Section2 a. - No,I will notbe subcontracting any portion of thecontract, and I will befulfilling the entire contract with my own resources. D Section3 - SelfPerforming Justification D Section4 -Affirmation *C0nUnu0us Cgnt@ct: Any existing written agreement (Including any renewals that are exercised) between a prime contractor and a HUB vendor, where the HUB vendor provides the prime contractor with goods or service, to include under the same contract for a specified period of time. The frequency the HUB vendor is utilized or paid during the term of the contract Is not relevant to whether the contract Is considered continuous. Two or more contracts that run concurrently or overlap one another for different periods of time are considered by CPA to be Individual contracts rather than renewals or extensions to the original contract. In such situations the prime contractor and HUB vendor are entering (have entered) Into "new" contracts. The goals all In Plan its subcontracting its @J:otll1all which In agency to HUB a. c. b. accordance be respondents, accordance HUB (HSP) • • • • • • NOTE: goal. specified subcontracted it Requisition Is Point E-mail Respondent specific will your 26.0 21.1 32.9 23. 21. 11.2 Program This with subcontract. of 7 1 Address: company with in Responses Contact: percent percent percent percent percent percent RESPONDENT limitation with their HUB including the #: opportunities Texas promotes (Company) to 2009 response 34 goal, HUB HUBs a TAC If is State Gov'! for for for for for for State State using whichever designed equal with that professional §20.285(d)(1)(0)(iii) all all all heavy commodities to of Name: Code of of if the existing AND Texas special building other which the Texas Texas business do bid to §2161 is total construction encourage not REQUISITION higher certified requisition the Disparity services contracts certified value . - - trade 252, respondent~ opportunities Include Subcontracting construction, . services Agency contracts. When HUB? the , of Historically Study (solicitation). vendor with construction a the contracting contracts, respondent a a D - other . Texas respondent respondent's INFORMATION completed The for rotation contracts, Special Yes economically Underutilized statewide certified including than agency have as and (prime D - uses contracts, recommended building Instructions/Additional subcontracts HSP HUBs a No has HUB EXHIBIT this continuous contractor) disadvantaged Businesses general determined goals method shall to satisfy contracts, defined with by be to may contractors contract* D (HUBs) this the that demonstrate rejected Texas persons in 2009 demonstrate requirement, subcontracting 34 must certified Texas in Texas to place pursuant complete good contract and Administrative Disparity TFC Requirements HUBs only for good opportunities faith operative more the with CONTRACT and meets faith to effort Study. Plan aggregate than the Texas submit effort , Code the or State Fax# Phone Bid State builders' five are exceeds respondent this Open to (TAC) Gov't probable percentage CS! - - : of of #: utilize State Texas Texas years NO. Date: §20.284 the Code contracts, of under Texas must VID in shall statewide (HSP) ------ Texas 18-070-000 of accordance #: are the §2161.252(b). this qualify identify certified ------ (mm : HUB contracts contract. / HUB dd/yyyy) for the Subcontracting with meeting goal HUBs HUBs expected Therefore the or R w ev the the for i th 2/17 , @Mll1)~tJ1 b. to After c. contracted d. a a. 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SECTION.) and including and portion identifies opportunities, opportunities) Instructions/Additional lots indicates of the be complete indicates one and contractor contract* 3 complete agreement the complete or expected and or subcontracted. term Description to the another of portions contract. In all SECTION contribute your the whether percentage such an of potential whether an a an to in contract, INTENTIONS "HSP the with subcontracting you continuation "HSP (Including for be to 'HSP place situations (If contract the subcontracted will the goods toward 4 different Good Yes, you subcontracting . Good ) Note: Good extent of with subcontract. and aggregate complete the will Faith Requirements." sheet Faith or completing any I for Is EXHIBIT Faith In the contract will consistent be periods intentions: service accordance not Effort more renewals 2 is prime Effort- using~ : be Effort- expected available Item relevant HUB• Also, fulfilling opportunities, expectlid a - you for coaliDY2Y! than Method Perc•ntage of work under contractor Method b with Method maCI wtth time based of expect D that with online percentage this to five for the to prudent Texas which lblD the B be are A whether are 34 a coatract• (Attachment entire A on SECTION of to at subcontracted !Sl (Attachment governmental fbr:I same the (Attachment you TAC the considered and https://www.comptroller.texas exercised) the award % certified % % % % % % % % % % % % % % % industry years, 15) do contract respondent contract total §20.282, HUB of XllEI· In not contract the place to the and havo TFC B)' value meets HUBs contract vendors to HUBs A)" practices, vendor A)" contract with between continue by entity. for S2DllDM2YI for expected a for must for of CONTRACT HUB1 each "Subcontractor" CPA to Percentage my each or mam the each Requisition that a are perform Is you determine exceeds own specified and with to contract, of to considered continuous. a to tb1n of are entering !i2DlC!!ir of prime the Item be be will which taking the resources, the llll'.1 of not subcontracted . subcontracting all Individual gov/purchasing/vendor/hub/forms.php) subcontract the contract the subcontracting c subcontracting % % % % % % % % % % % % % % % % c:il the you a of what identify contractor period of into # In means Texas (have x11m. this : have place HUB the NO. consideration portions including SECTION.) subcontracting a for of the contracts certified entered) to a goal with person 18-070-000 time. opportunities percentages and opportunities opportunities expactsd of the Porcantag1 Texas employees work, a HUB The Two Into who contracting HUB rather the Non-HUBS to to non-HUBa frequency (i.e certified or be including scope contracts opportunities "new" of you vendor, aubcon1ractsd of tho you ., more than you , % % % % % % % % % % % % % % % % Non-HUB) the goods coni'oct Rev listed . listed of listed agency contract HUBs work with 2117 . ) . and ) . ) . This @f!Jlt•UflRESPONDENrs opportunities) and Item# Enter 24 25 21 26 22 23 36 28 20 40 37 33 29 17 34 30 41 18 35 31 19 42 27 32 43 16 38 39 the that page HUB *ConUaugus extensions where percentage your run vendor can the Aggregate you company's concurrently HUB be to will Is Cgntcact: of the used utlllzed subcontract. the vendor percentages original Subcontracting contract name as or or provides Any a overlap paid contract continuation you Also, here: SUBCONTRACTING existing of during expect the the based Opportunity one contract In prime written such the another to on sheet award term the expected situations contractor Description agreement total for of to to vendors the different the value INTENTIONS to contract the be with HSP of (Including subcontracted prime that the goods periods Form's (Continuation are HSP contract, Is contractor not EXHIBIT not or (CONTINUATION any of - page relevant a service : SECTION Texas time identify renewals HUB1 expected a tor liiRDliDMs:tWI Percentage and 2, are with msu1 under certified Sheet) to Section the D HUB considered to whether which lb10 that percentages be 2 the liQDICl!iit• SHEET) of vendor 1ubcontractad fl:.:1 HUB you are the 2, same % % % % % % % % % % % % % % % % % % % % % % % % % % % % % (5) the lllullll contract exercised) Item (i.e., llllCI In are by contract place contract of have TFC Non-HUB) CPA · entering b ta HUBs the . Continue GSIDllDMGYI a contract to x between HUBs CONTRACT pact.d Is Percentage for mam be Requisition considered (have . a with Individual to lb10 specified you listing liiSIDICilliit• be which a entered) fl~• of subcontracted prime expect the l:il you % % % % % % "lo % % % % % % % the % % % % % % % % % % % % % % % continuous. contract In # :.:11m contracts period h : place contractor a portions to NO. Into ve . award a for to "new" of 18-070-000 rather time of to expected Two Percentage and Texas contracts. work . The or Non-HUBs than a to ta more HUB non.Hues (subcontracting certified frequency be of renewals 1ubcontractad the % % % % % % % % % % % % % % % % % % % % % % % % "lo % % % % vendor, contracts Rev contract . HUBs, 2117 the or lijj41tt)~ll responded @jl)ll1Hll materials supporting • As • • • Reminder: Enter evidenced The are The contract. The point subcontracting The subcontractors the state compliance respondent https://www.comptroller.texas.gov/purchasing/docs/hub-forms/ProoressAssessmentReportForm.xls >- >- your being total and/or respondent respondent respondent respondent the the of documentation contracting. If If 'No" you you contact company's by contract subcontracting subcontracting The performed SELF equipment. AFFIRMATION to may my Signature responded responded with SECTION notice opportunity and for signature must, will be must must that PERFORMING the the subject the and provide submitted must name the contract upon seek submit HSP, termination 'Yes' "No' opportunities opportunities 2 must below, subcontracting , they to specify Item request, approval notice here SECTION any including provide to with monthly no (the a, I SECTION and later : affirm of JUSTIFICATION the as at in subcontractor) allow you you a from documentation the all a soon than HSP subcontractor compliance the that minimum opportunity enforcement 2, listed listed space the the ten is as Items 2, I use am true contracting contracting in practical in (10l Items provided SECTION SECTION an of the and will c reports working represents regarding authorized the and remedies and (Ir contracting c correct perform, to you respondent or agency below expenditures agency all d, (Prime 2, 2, davs d, responded . the you Item Item staffing . Respondent you available Printed the representative A explain after subcontractors to copy agency's prior must EXHIBIT Contractor b b approximate must perform . . identified the and "No Name of to under complete made how complete contract ' the other making understands to name on-site SECTION in notice Progress the of your to 3 resources. its dollar (HUBs D the is contract and an any HSP an its company reviews awarded. required respondent "HSP value 'HSP 2, subcontractors its modifications . and and Assessment Item If or point the agrees of of Good Non-HUBs) Good otherwise by a, will HSP the the you of this ). listed TFC perform · company's subcontracting Faith that, contact Faith is must section to Report modified in available (HUBs its jf CONTRACT of complete Effort SECTION Effort awarded the Requisition HSP, their for Title must - headquarters entire without the - PAR) and - selection by including Method Method this opportunity also any contract, law, 1, contract Non-HUBs). to SECTION and the be portjon up #: the B A provided as contracting that the to NO. and/or (Attachment (Attachment the contracting a and with and of hiring and the subcontractor the contract (The including 18-070-000 the its work-site continua information to reaujsjtjon of own the agency's expected PAR (mm/dd/yyyy) additional agency, A)" B)" contracting award employees, Date debarment to where for for for is SECTION : and prior percentage mh the number, each available verifying or Rev services approval awarded agency's different from . supplies, 4.) of 2117 of If the its all of at you , contracting contract the provide approximate REMINDER: ltemNumber: the page Enter subcontracted, Method use htto List HUB IMPORTANT':. SECTION SECTION Enter notice attachment. · the //mvr.n:.i or the the and notice is download A subcontractor(s) your item required awarded. (Attachment their agency's State dollar r.n:.i A-1: A-2: company's as __ number and Texas st:.itP. soon the of value If by the name you As SUBCONTRACTOR SUBCONTRACTING form Texas' this tx as and A)' expected HSP Vendor Description: of specified us/tpasscmblsearch/index you responded practical and section the at for name description selected https each subcontracting its Centralized Identification Company percentage point in :ll here: must to Good www.comptroller.texas.gov/purchasinq/docs/hub-forms/hub-sbcont-plan-gfe-achm-a.pdf of 'YeS' SECTION fill ______ to the of of also the perform contact the Name subcontracting to Master SELECTION subcontractors of OPPORTUNITY be subcontracting (VID) opportunity SECTION work 4 provided for the Faith of iso Number the the to Bidders subcontracting HUB be contract, completed and to opportunities 2, subcontracted. status (HUBs the opportunity or Items the Effort List federal contracting the expected code and HSP (CMBL)- opportunity contract c or you 'A' Non Employer you EXHIBIT form, (Attachment When d percentage Page signifies listed - agency's listed HUBs) - of award Historically 0-Yes 0-Yes 0-Yes 0-Yes 0-Yes 0-Yes 0-Yes 0-Yes 0-Yes 0-Yes 0-Yes 0-Yes 0-Yes 0-Yes 0-Yes 0-Yes 0-Yes 0-Yes 0-Yes O 0-Yes 0-Yes 0-Yes if Texas Method the you searching yoy in in 1of1 -Yes Identification of completed SECTION that number, listed SECTION point (respondent) certified their of D the A) the above for Underutilized of selection 0-No 0-No 0-No O-No 0-No 0-No O-No 0-No O-No 0-No 0-No O-No 0-No 0-No O-No 0-No 0-No 0-No 0-No O-No 0-No 0-No 0-No company the total contact Texas HUB HSP 2, Number 2, subcontracting in Item contract A are Item SECTION form, Do certified as Texas is for If leave not b, awarded you (Attachment a TFC a (EIN), the b enter Texas of Business subcontractor do you their that VID the of not HUBs contract Social VID A-1 must the know CONTRACT the opportunity or completed the certified any I Requisition . 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IMPORTANT: Method 0 D Enter respondent line when List submitting assist signifies different of Provide contracting specified opportunity List List Provide Identification trade - · Number holidays, or the Yes subcontracting organizations No sending completing at the supporting lYl2.12l the (CMBL) portion download B your https you organizations I item in (Attachment appropriate (If Not the 1b.cll..W written written regarding that time a identifying sent : Yes, or : is to company's your ljwww number __ notice or different attachment. agency. notice. of Applicable trade - participating the development perform (VID) period, days Historically work. this notice the continue documentation notit.cation notification bid MENTOR NOTIFICATION company or opportunities cgmrnroller If Texas of form section the organizations box Number, the response and B)' you or time When development your HSP potential Description:------ you Trade to the development location for agency (Yes at (If description name responded it to period, must certified subcontracting subcontracting as Underutilized and https is um centers you No searching SECTION of of Organizations PROTEGE a or the a texas to the the HUBs or indicate Texas Mentor provide is MUST (i.e., Company is .// No) here to the date Good you of Not www.comptroller.texas subcontracting subcontracting available declared . centers review HUBs goWpurchas the Also, " or that OF of contracting centers No" certified : must by for Applicable, certified you B-4.) comply the in development your if it if subcontracting Business indicates disseminating Texas opportunity, opportunity a be OPPORTUNITY SUBCONTRACTING Name to sent plans subcontracting you PROGRAM accepted allow or on closed about State subcontracting SECTION is mindful letter, Development the HUB. with considered notified Faith notice certified i agency. ng the and opportunity opportunity of whether (HUB) the Statewide continue by / ~ems dgcs Texas HUBs fax, that or listed specifications, you its to subcontracting centers opportunities regarding rejected the . / that executive HUBs A gov e-mail) a Directory hub-forms 2, a, are opportunity to you Mentor list working at in to opportunity Centers subcontracting b l Effort- Items HUB be you company, you purchasing SECTION . least encouraged SECTION of will c and 'day you your and trade demonstrating the listed listed Program's Protege be officer Search seven OPPORTUNITY / day verifying HUBSubcQQ!ractingOpportunityNotificat1onForm notified you c bonding zero" subcontracting notice d, subcontracting you opportunity organizations and in notice EXHIBIT in and is thereby l B-3 listed B-1, docs . (71 SECTION SECTION considered The to listed and located Program, . d opportunity indicate regarding their and use workjnq webpage (Attachment l and constitutes of to hub-forms Method in initial does Page demonstrating evidence in the trade SECTION the SECTION HUB insurance you at SECTION opportunity completed B-1, whether day not B-1 attached the submitting and http (Do days D a organizations 1 at the status, listed normal to count l not to the portion of2 hub-sbcont-plan-qfe-achm-b to 'f a https development of {mvcpa their to subcontracting enter good two....(2l three B-4.) subcontracting B) requirements, your it respond 2, in 2, TexasVID HUB : as ensure //www.comptroller Social was your business HSP you its members/participants. of Item SECTION faith one (3) B Item cpa good work or Protege Subcontracting Security responsive or listed Good form or b more of effort that to state (Attachment , development TFC centers more of b you the faith the day , Numbers) in opportunity you Faith the you of trade to required (Protege tx opportunity seven B-1 notice listed SECTION of Texas the effort CONTRACT subcontract us completed use must or that . a Effort l . Requisition completed Your texas organizations tpasscmblseard! state non-responsive in (7) prior Opportunity the . have Date to pdf. certified Date centers submit SECTION qualifications, must . odf.. working you of . notify State notice gov/purchasinqlvendor/hub/resources.php B-1 agency, Unless {mm/ddlyyyy) notice (mmlddlyyyyl to having Notice expressed Notice HSP with be listed . you Include a at HSP HUBs of the a completed should days. is # least form submitting the a Notice or B-1 Texas' State not Sent : Sent notified senVprovided NO. in Texas Texas form development to O . ndex to contracting SECTION and including the Unless seven for an your B) of your include . form, Centralized You which interest company's 18-070-000 certified identify Texas Texas certified Was jsp " Did subcontracting HSP your (71 Protege. D D D D D the . which may weekends, HUB the the wor!sinq you the B-1. -Yes -Yes -Yes -Yes -Yes to bid certified certified contracting Good agency centers in a HUB photo-copy Notice HUB HUBs the receiving is contact status scope response are Master Texas Include also HUBs Faith towards Respond? days specified ~ Accepted? HUBs HUB) and federal 0-No D D D O code available Rev of Vendor Bidders person agency the Effort -No notices and -No -No prior -No to this work trade 2117 as and that date 'A the or to to to . a ' - a . , contract the contracting approximate notice l#l:Wi[e]H:tasuecoNTRACTOR REMINDER: the Enter Enter c. b. a. notice attachment. justification httpJ/mycpa.cpa.state subcontracted, you If Item List HUB Enter the as any is your soon the item required awarded. use agency's Number: and the of dollar subcontractor(s) company's the number item as their the HSP for subcontractors As value practical by number name your and State Texas specified this and of the selection section the and name description . tx of to and Vendor Good expected ushpasscmblsearcMndex.jsp you subcontracting in all its Texas' Company description you Description: SECTION point must here: selected process the Identification have of percentage subcontractors of also Centralized the contact Faith selected Name (attach to 4 of subcontracting be SELECTION opportunity of ______ perform the provided the for (VID) subcontracting of additional to completed Master the work perform the (HUBs Effort Number contract, and to subcontracting to . opportunity the HUB page be the Bidders the and HSP contracting subcontracted. or expected opportunity status subcontracting the if Non-HUBs) federal form, necessary): contract - List you (Attachment code' Method EXHIBIT opportunity jf Page percentage you listed agency's Emplioyer (CMBL) for award A' of When (resoonden!l which Texas a-Yes a-Yes a-Yes QYes a-Yes a-Yes a-Yes O-Yes a-Yes a-Yes opportun 2 in signifies their of SECTION you point - number, searching you of Identification 2 certified D selection B) Historically the listed i that ty are of B total you are 0-No 0-No O-No 0-No contact 0-No 0-No 0-No 0-No 0-No 0-No the completing the in HUB 2, for awarded listed (Attachment as contract SECTION subcontracting company Item Texas Number Underutilized a for Do in subcontractor Texas If leave TFC not b, the you SECTION this any that certified enter of do is thelr contract (EIN), VID Attachment the not B-1. a portjon the Social CONTRACT \110 Texas know opportunity completed Requisition or subcontracting f Business HUBs EIN the Seamty Also B-1 federal their . no of The certified fteld approximate VIO the is later identify Numbers and B blank .nm I notice EIN continuation EIN reguisjtion, HSP it than (HUB) verifying (the HUB. a #: 8) whether Texas opportunity $ $ $ $ $ $ $ $ $ $ form must NO. ten subcontractor) Dollar Approximate dollar Directory Cont. for ( their you 1 specify certified page. Ol 18-070-000 they which Amount value working are HUB represents are required at HUB, you Search status, of will a a days Texas the are minimum Percentage perform provide~ Expected . Contract to completing work A ensure located after Rev prov copy certified , to 2117 the the the i de % % % % % % % % % % of that of be _ at EXHIBIT D TFC CONTRACT NO. 18-070-000 Rev 2/17 HUBSubcontracting Opportunity Notification Form In accordancewith TexasGov'! Code, Chapter2161, each state agencythat considersentering into a contractwith an expectedvalue of $100,000or moreshall, beforethe agencysolicits bids, proposals,offers, or other applicableexpressions of interest,determine whether subcontracting opportunities are probableunder the contract.The state agencyI haveidentified below in SectionB hasdetermined that subcontracting opportunities are probableunder the requisitionto whichmy company will be responding. 34 TexasAdministrative Code, §20 .285 requiresall respondents(prime contractors) bidding on the contractto providenotice of eachof their subcontractingopportunities to at leastthree (3) Texascertified HUBs (who work within the respectiveindustry applicable to the subcontractingopportunity), and allowthe HUBsat least seven(7) workingdays to respondto the noticeprior to the respondentsubmitting its bid responseto the contractingagency. In addition,at least seven(7) workingdays prior to submittingits bid responseto the contractingagency, the respondentmust provide notice of eachof its subcontractingopportunities to two (2) or moretrade organizations or developmentcenters (in Texas)that serves membersof groups (i.e., Asian Pacific American,Black American,Hispanic American, Native American,Woman, Service DisabledVeteran) identifiedin TexasAdministrative Code §20.282(19)(C). We respectfullyrequest that vendorsinterested in biddingon the subcontractingopportunity scope of work identifiedin Section C, Item 2, replyno later than the dateand time identifiedin SectionC, Item 1. Submityour responseto the point-of-<:ontactreferenced in SectionA. PRIME CONTRACTOR'S INFORMATION CompanyName: -~~~~~~~~~~~~~~~~~~~~~~~ State ofTexas VID #: ------1 Phone#: Point-of-Contact: ------1 E-mail Address: Fax#: Ill· : CONTRACTING STATE AGENCY AND REQUISITION INFORMATION Agency Name: Point-of-Contact: Phone#: Requisition #: Bid Open Date: ------1(mm/dd/yyyy) SUBCONTRACTING OPPORTUNITY RESPONSE DUE DATE, DESCRIPTION, REQUIREMENTS AND RELATED INFORMATION 1. Potential Subcontractor's Bid Response Due Date: If you would like for our companyto consider your company's bid for the subcontracting opportunity identified below in Item 2, we must receiveyour bid responseno later than on CentralTime Date(mmldd/yyyy) In accordance with 34 TAC §20.285, each notice of subcontracting opportunity shall be provided to at least three (3) Texas certified HUBs, and allow the HUBs at least seven (7) working days to respond to the notice prior to submitting our bid response to the contracting agency. In addition, at least seven (7) working days prior to us submitting our bid response to the contracting agency, we must provide notice of each of our subcontracting opportunities to two (2) or more trade organizations or development centers (in Texas) that serves members of groups (i.e .. Asian Pacific American. Black American. Hispanic American, Native American, Woman, Service Disabled Veteran) identified in Texas Administrative Code. §20.282(19)(C). (A working day is considered a normal business day of a state agency, not including weekends, federal or state holidays, or days the agency is declared closed by its executive officer. The initial day the subcontracting opportunity notice is sent/provided to the HUBs and to the trade organizations or development centers is considered to be "day zero• and does not count as one of the seven (7) working days.) 2. Subcontracting Opportunity Scope of Work: 3. Required Qualifications: D · Not Applicable 4. Bonding/Insurance Requirements: 0 -Not Applicable 5. Location to review plans/specifications: O -Not Applicable TFC CONTRACT NO. 18-070-000 RFP NO. 303-7-00934 EXHIBITE TFC CONTRACT NO. 18-070-000 HSP PROGRESS ASSESSMENT REPORT 29 Directory Signature:------ When Search This verifying Subcontractor's Con located form Report tr acting subcontractors' must Contract/Requisition Prime Contractor at: Reporting Agency/University http://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp. be Name completed (Company) HUB Point HUB (Month) HUB Contractor of status, Number: Contact: Period: and Name: Name: and ensure S~bcontracting submitted ---- ------ ______ ------~ cartlflid (Y11crNo) Texas that Non-HUB you HUB to use the Texas u..Wrw Progress VIO Do the contracting I not EJN State VID enter tt 1 lltld EXHIBIT iea you or v Total Soc othe blo~ do of Title:------ federal TOTALS not i Texas' al l rVID S.Cu kllow Amount subcontractor agency nty E EIN the I Centralized N E 'I : Plan HUB Wltfi Paid $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Amount Assessment Total each Date Subcontractor this status Contract$ Master month from of Reporting Award: (HSP) code HSP TFC Bidders to "A" ------ document Period $ $ $ $ $ $ this $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ State Total$ CONTRACT to signifies List Reporting Subcontractor ofTexas to (CMBL) Amount information Contractor: RFP compliance that Phone Period Report ·Historically VID Paid Date: the NO. #: #: NO. company ------4 ------1 ______ Amount $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ to Total 303- with Subcontractor 18-070-000 Object Underutilized Contract$ Paid 7-00934 is your a to Texas Code: Data HSP. (HUB) ____ certified (Agonoy Object Rev . u.. 10/16 Coda HUB. ~If) --4 -1