Department of Public Safety and Correctional Services South Region 3• MARYLAND HOUSE OF CORRECTION ROAD • JESSUP • MARYLAND 20794 (410) 540-6590 • FAX (410) 799-8577 • TTY USERS 1-800-735-2258 • www.dpscs.maryland.gov
STATE OF MARYLAND
Request for Bids
MARTIN O’MALLEY GOVERNOR ANTHONY G. BROWN LT. GOVERNOR
Dorsey Run Correctional Facility
GARY D. MAYNARD SECRETARY G. LAWRENCE FRANKLIN DEPUTY SECRETARY ADMINISTRATION
DATE:
December 5, 2013
J. MICHAEL STOUFFER DEPUTY SECRETARY OPERATIONS PATRICIA A. VALE REGIONAL EXECUTIVE DIRECTOR SOUTH
WILLIAM O. FILBERT, JR. DIRECTOR – CORRECTIONS SOUTH EASTERN CORRECTIONAL INSTITUTION EASTERN CORRECTIONAL INSTITUTION – ANNEX POPLAR HILL PRE-RELEASE UNIT JESSUP CORRECTIONAL INSTITUTION
Dear Sir/Madam: You are invited to submit a bid on the project identified below. The Solicitation is enclosed. PROJECT NUMBER AND TITLE: MDQ0231011984 DRCF Satellite Television DESCRIPTION:
Satellite Television
USING AGENCY:
Dorsey Run Correctional Facility
ADDRESS:
2020 Toulson Rd. Jessup, Maryland 20794
MARYLAND CORRECTIONAL INSTITUTION-JESSUP MARYLAND CORRECTIONAL INSTITUTION-WOMEN MARYLAND CORRECTIONAL PRE-RELEASE SYSTEM
BID DUE DATE:
December 17, 2013 @ 10:00 AM All bids shall be submitted through eMaryland Marketplace
BROCKBRIDGE CORRECTIONAL FACILITY CENTRAL MARYLAND CORRECTIONAL FACILITY EASTERN PRE-RELEASE UNIT JSSSUP PRE-RELEASE UNIT SOUTHERN MARYLAND PRE-RELEASE UNIT
Minority Business Enterprises are encouraged to respond to this solicitation notice.
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STATE OF MARYLAND NOTICE TO VENDORS/CONTRACTORS In order to help us improve the quality of State bid solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding the enclosed solicitation. Please return your comments with your bid. If you have chosen not to bid on this project, please email this completed form to: Beverly Smith at the following email address:
[email protected]. Title: DRCF Satellite Television Solicitation Number: MDQ0231011984 1.
If you have responded with a "no bid", please indicate the reason(s) below: () () () () () ()
Other commitments preclude our participation at this time. The subject of the Contract is not something we normally provide. We are inexperienced in the work/commodities required. Specifications are unclear, too restrictive, etc. (Please Explain in Remarks Section) The scope of work is beyond our current capacity. Doing business with Government is simply too complicated. (Please Explain in Remarks Section) () We cannot be competitive. (Explain in Remarks Section) () Time allotted for bid/proposal is insufficient. () Start-up time is insufficient. () Bonding/Insurance requirements are prohibitive.(Explain in Remarks Section) () Bid/Proposal requirements (other than specifications) are unreasonable or too risky. (Explain in Remarks Section) () MBE requirements (Explain in REMARKS section.). () Prior experience with State of Maryland contracts was unprofitable or otherwise unsatisfactory. (Explain in Remarks Section) () Payment schedule too slow. () Other: ______________________________________________________________________________
2.
If you have submitted a bid or proposal, but wish to offer suggestions or express concerns, please use the Remarks section below. (Use reverse or attach additional pages as needed.)
REMARKS: _________________________________________________________________________________ ___________________________________________________________________________________________ Vendor Name: ______________________________________________________________ Date ___________ Contact Person: ____________________________________________
Phone (_____) ______ - ___________
Address: ____________________________________________________________________________________ Email Address: ______________________________________________________________________________
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General Information 1.0
BACKGROUND
The Dorsey Run Correctional Facility, located in Anne Arundel County, in Jessup, Maryland, is a male, minimum-security correctional facility operating under the State of Maryland, Department of Public Safety & Correctional Services. The institution will be opening to inmates on December 7, 2013. The average inmate population will be 549 pre-release inmates. The institution will employs approximately 140 employees.
2.0
PROCUREMENT OFFICER
The Procurement Officer for this solicitation is Beverly Smith. All inquiries regarding this solicitation prior to award MUST be addressed to this person. She may be contacted at (410) 540-6261 or
[email protected].
3.0
TERM OF THE CONTRACT
This contract shall begin ASAP after notice to proceed is issued in the form of a purchase order. All work shall be completed within 5 calendar days.
4.0
PRE-BID CONFERENCE/SITE VISIT
A pre-bid Conference shall be held on Wednesday, December 11, 2013, beginning at 10:00 AM (local time), at the Department of Public Safety and Correctional Services, Dorsey Run Correctional Facility, Roll Call Room, 2020 Toulson Rd. Jessup, Md. 20794. Bidders are strongly encouraged to attend in order to facilitate their understanding of the scope of work. If you plan to attend, please contact the Procurement Officer identified in Section 2.0. A site visit shall also be held at that time. We will take questions about the solicitation at this time.
5.0
QUESTIONS AND COMMUNIATIONS
Authority All communications regarding this solicitation are to be made solely through the Procurement Officer or his designee. Submission 3
Questions regarding this solicitation may be directed verbally to the Procurement Officer or his designee; however, the Procurement Officer reserves the right to require that the bidder submit the question in writing. Timeliness All questions, either verbal or written, should be submitted in a timely manner, i.e. early enough to be received by the Procurement Officer at least 7 calendar days before the bid due date. The Procurement Officer shall, based on the availability of his time to research and communicate an answer, decide whether he can answer an untimely submitted question before the bid due date. Distribution In the event that written questions are submitted, the questions and the answers, as well as any amendments to the solicitation, will be posted on eMaryland Marketplace.
6.0
WORK TO BE PERFORMED/SCOPE OF WORK
The Contractor shall perform all services as provided in Exhibit A of this solicitation.
7.0
SITE SECURITY
Security measures under the general direction of the agency and maintenance supervisors shall be observed. In this regard the contractor is expected to cooperate fully with agency authorities to permit the security of the institution to be maintained at all times. The contractor shall be responsible for all tools, equipment and supplies while performing services at the Patuxent Institution. Any missing objects shall be reported to the supervisor or designee at the maintenance department. 8.0
SECURITY CLEARANCE
Upon awarding the contract, it is the responsibility of the contractor to make available to this Institution a list of personnel who will be performing any work at this institution on this contract. These individuals will have a background search completed and will be allowed to work only if they meet with the approval of the Warden. 9.0
CONTRACT MONITOR
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The Contract Monitor for this contract is James Stanley, Regional Maintenance Manager James Stanley will handle the day-to-day managing of the contract. In the absence of Mr. Stanley his assistant Brian Kauffman will handle this. 10.0
BILLING
Invoices shall be submitted upon completion of services rendered to: MCPRS Administration Bldg, c/o Dorsey Run Correctional Facility P.O. Box 537, Jessup, MD 20794. ATTN: Accounts Payable 11.0
BASIS OF AWARD
The contract will be awarded to the responsive and responsible vendor submitting the most favorable bid price in accordance with COMAR 21.05.07.06.D(2).
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EXHIBIT A
SCOPE OF WORK/SPECIFICATIONS
1. GENERAL a. The objective of this solicitation is to procure the services of one (1) Contractor to provide all equipment, materials, parts and labor to install and provide satellite television to Dorsey Run Correctional Facility (DRCF) in Jessup, MD. b. The Contractor shall provide satellite programming and reception at DRCF. The service shall include local station broadcasting as well as additional selected individual or packaged programming. c. The Contractor shall provide analog signal and quality television programming to the inmate population at DRCF to include common areas such as administrative offices, custody offices, operations, control centers, and others determined by the agency. Service shall be continuous and uninterrupted 24 hours per day, 7 days per week. d. The contractor shall be responsible for satellite television service installation at DRCF from the dish location to the facilities existing broadcasting equipment racks. e. The contractor shall provide maintenance service on all equipment and associated parts and devices related to the system. Cabling from the head-in equipment out to the institution shall be excluded from the contract. Only that equipment and cabling required to get signal to existing “head-in” equipment, including any trenching needed to bury cable for the purpose of tying buildings together, will be included in the contract amount. f. The contractor shall keep records and cost for DRCF for the term of the contract. g. The contractor shall be responsible for repairs, replacement parts, equipment, and labor. h. The contractor shall agree that all personnel are trained and they are directly employed and supervised by the contractor. Personnel assigned may not be removed from the performance of the contract except with the approval of the contract manager. i.
Each of the contractor’s personnel shall have no less than three (3) years experience in the installation and maintenance of satellite TV systems.
j.
Contractor shall perform all work during regular business hours. Regular business hours are Monday thru Friday 7:00 A.M. to 4 P.M. except State holidays.
k. The Contractor shall respond to emergency service requests that are placed during Regular business hours within twenty four (24) hours from the time the request was placed. l.
The Contractor shall have an existing maintenance facility with inventory parts.
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m. The Contractor shall provide the capability of showing Netflix movies. Netflix movies will be carried on channel three with equipment currently owned by DPSCS with license fees, if any, to be paid by DPSCS. Contractor will ensure that channel capacity remains available for this purpose. n. The contractor is responsible, for all trenching, cable burial, and the connection of buildings. o. The Contractor is responsible to supply parts, material, equipment, and labor to get a satellite signal to the head-in racks already in place. p. During the duration of the contract, at no extra cost, the contractor shall make any necessary adjustments or changes to equipment to ensure that the institution is updated with any satellite broadcasting changes. q. Within the programming at DRCF, the Contractor shall provide one channel for institutional use and information which will provide text or bulletin board style information to the inmate population. r.
The Contractor shall comply with requests from DRCF regarding changes in programming at no additional cost.
s. The Contractor shall call back within a four (4) hour time frame from receipt of a service request from DRCF. t.
The Contractor shall identify and label all equipment and cables that pertain to the satellite system. This label shall identify what each piece of equipment goes to and where each cable terminates. All cables shall be installed in a neat and professional manner.
u. The Contactor shall provide warranty on all equipment supplied under this contract for the entire term of the Contract. This includes all labor and materials with exception to the televisions. If the Contractor identifies faults not covered under this contract, the Contractor shall provide the institution with an estimate for parts and labors required to make the necessary repairs. The estimate should reflect the price and parts plus an hourly rate. These repairs would be made outside of this Contract. 2. SATELLITE PROGRAMMING a. Satellite programming and reception at DRCF will consist of local station broadcasting as well as additional selected individual or packaged programming. b. ABC, CBS, NBC, FOX and PBS programming from local station broadcasting from Washington and Baltimore areas. Not to exceed five (5) channels. c. Thirty-six (36) additional quality program channels listed below are to be included along with the local channels.
LOCAL 1. NBC 2. ABC
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3. CBS 4. FOX 5. PBS 6. CW 7. Baltimore Local SPORTS 8. MLB Network 9. NHL Network 10. NFL Network 11. CBS Sports Network 12. ESPNU 13. Big 10 Network 14. NBA TV 15. Speed 16. Versus NEWS/INFORMATION 17. FOX News Channel 18. CNN 19. The Weather Channel MOVIES 20. Lifetime Movie Network 21. FOX Movie Channel 22. American Movie Classics POPULAR 23. A&E 24. Discovery 25. Learning Channel 26. National Geographic 27. History Channel 28. Lifetime 29. BET 30. TNT 31. TBS 32. USA 33. TV Land 34. FX 35. ABC Family 36. Game Show Network 3. STATE PROVIDED RESOURCES a. The State will provide the following: b. All inside cabling and cable outlets are already in place in the facility. c. The institution will provide location for the satellite receiving equipment. Location will be based on contractor’s recommendations and in close proximity to the institution’s head-in equipment racks.
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2. SCHEDULE OF WORK The contractor shall schedule all work through Mr. James Stanley on 410-540-6209 or in Mr. Stanley’s absence his assistant Mr. Brian Kauffman 410-540-6206. 3. WORK HOURS The Contractor shall perform all work on this contract between the hours of 7:00a.m. and 4:00 p.m. Monday thru Friday except state holidays. Hours could possibly change due to changes in the Dietary Dept. But all work will defiantly be done after hours. 4. CONTRACTOR’S PERSONNEL All persons entering and leaving the institutions shall be subjected to security procedures. At no time will anyone be permitted to give anything to any inmates. This shall include but not be limited to drugs, tobacco products, or any other items or goods either present at the work site or brought in from the outside. Smoking or the use of any tobacco products is prohibited on state property. The carrying of tobacco products or associated materials (matches, lighters, papers, etc.) are prohibited from entering the institution. Employees of the Contractor will not be allowed to carry a cell phone or pager with phone capacity while performing work on this contract. Failure to comply shall be grounds for termination for default. 5.
QUALIFICATIONS OF BIDDERS The Contractor shall supply with their bid at least 3 references that you have performed this type of work for.
EXIBIT B
REQUIRED CONTRACT PROVISIONS
The provisions contained in this section will be incorporated into and be a part of the contractual agreement between the Department of Public Safety and Correctional Services and the successful vendor as a result of this solicitation.
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1. Incorporation by Reference All terms and conditions of the solicitation, and any amendments thereto, are made a part of this contract. 2. Tax Exemption The State is generally exempt from federal excise taxes, District of Columbia sales taxes, and transportation taxes. Exemption certificates shall be completed upon request. Where a contractor is required to furnish and install material in the construction or improvement of real property in the performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply. 3. Specifications All materials, equipment, supplies or services shall conform to federal and State laws and regulations and to the specifications contained in the solicitation. 4. Delivery and Acceptance Delivery shall be made in accordance with the solicitation specifications. The State, in its sole discretion, may extend the time of performance for excusable delays due to unforeseeable causes beyond the Contractor's control. The State unilaterally may order in writing the suspension, delay, or interruption of performance hereunder. The State reserves the right to test any materials, equipment, supplies, or services delivered to determine if the specifications have been met. The materials listed in the bid or proposal shall be delivered FOB the point or points specified prior to or on the date specified in the bid or proposal. Any material that is defective or fails to meet the terms of the solicitation specifications shall be rejected. Rejected materials shall be promptly replaced. The State reserves the right to purchase replacement materials in the open market. Contractors failing to promptly replace materials lawfully rejected shall be liable for any excess price paid for the replacement, plus applicable expenses, if any. 5. Non-Hiring Employees No employee of the State or any department, commission, agency or branch thereof whose duties as such employee include matters relating to or affecting the subject matter of this contract shall, while so employed, become or be an employee of the party or parties hereby contracting with the State or any unit thereof. 6. Nondiscrimination in Employment The Contractor agrees not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or physical or mental handicap unrelated in nature or extent so as reasonably to preclude the performance of such employment and to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause. 7. Financial Disclosure The Contractor shall comply with State Finance and Procurement Article, sec. 13-221, Annotated Code of Maryland which requires that every business that enters into contracts, 10
leases or other agreements with the State and receives in the aggregate $100,000 or more during a calendar year shall, within 30 days of time when the $100,000 is reached, file with the Secretary of State certain specified information to include disclosure of beneficial ownership of the business. 8. Political Contribution Disclosure The Contractor shall comply with the provisions of Article 33, Sections 30-1 through 30-4, Annotated Code of Maryland which require that every person that enters into contracts, leases, or other agreements with the State of Maryland or a political subdivision of the State, including its agencies, during a calendar year under which the person receives in aggregate $10,000 or more, shall on or before February 1 of the following year file with the Secretary of State certain specified information to include disclosure of political contributions in excess of $100 to a candidate for elective office in any primary or general election. 9. Anti-Bribery The Contractor warrants that neither it nor any of its officers, directors or partners nor any of its employees who are directly involved in obtaining or performing contracts with any public body has been convicted of bribery, attempted bribery or conspiracy to bribe under the laws of any state or of the federal government or has engaged in conduct since July 1, 1977 which would constitute bribery, attempted bribery or conspiracy to bribe under the laws of any state or the federal government. 10. Registration Pursuant to sec. 7-201 et seq. of the Corporations and Associations Article of the Annotated Code of Maryland, corporations not incorporated in the State shall be registered with the State Department of Assessments and Taxation, 301 West Preston St., Baltimore, Maryland 21201, before doing any interstate or foreign business in this State. Before doing any intrastate business in this State, a foreign corporation shall qualify with the Department of Assessments and Taxation. 11. Contingent Fees The Contractor, architect, or engineer warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the Contractor, architect, or engineer, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide salesperson, or commercial selling agency, any fee or other consideration contingent on the making of this agreement. 12. EPA Compliance Materials, supplies, equipment, or services shall comply in all respects with the Federal Noise Control Act of 1972, where applicable. 13. Occupational Safety and Health Act. (OSHA) All materials, supplies, equipment, or services supplied as a result of this contract shall 11
comply with the applicable U.S. and Maryland Occupational Safety and Health Act standards. 14. Termination for Convenience Upon written notice to the Contractor, the State may terminate this contract, in whole or in part, whenever the State shall determine that such termination is in the best interest of the State. The State shall pay all reasonable costs incurred up to date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for anticipatory profits. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2). 15. Termination for Default When the contractor has not performed or has unsatisfactorily performed the contract, payment shall be withheld at the decision of the State. Failure on the part of a Contractor to fulfill contractual obligations shall be considered just cause for termination of the contract and the Contractor is not entitled to recover any costs incurred by the Contractor up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.11B. 16. Disputes This contract shall be subject to the provisions of Title 15, Subtitle 2, of the State Finance and Procurement Article of the Annotated Code of Maryland and COMAR 21.10 (Administrative and Civil Remedies). Pending resolution of a claim, the Contractor shall proceed diligently with the performance of the contract in accordance with the procurement officer's decision. Unless a lesser period is provided by applicable statute or regulation, the Contractor must file a written notice of a claim with the Procurement Officer within 30 days after the basis for the claim is known or should have been known, whichever is earlier. Contemporaneously with or within 30 days of the filing of a notice of claim, but no later than the date of final payment under the contract, the Contractor must submit to the Procurement Officer its written claim containing the information specified in COMAR 21.10.04.02. 17. Multi-Year Contracts If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this contract shall terminate automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination. 18. Intellectual Property Contractor agrees to indemnify and save harmless the State, its officers, agents and employees with respect to any claim, action, cost or judgment for patent infringement, or trademark or copyright violation arising out of purchase or use of materials, supplies, equipment or services covered by this contract.
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19. Maryland Law Prevails The provisions of this contract shall be governed by the laws of Maryland. 20. Contractor's Invoices Contractor agrees to include on the face of all invoices billed to the State, its Taxpayer Identification Number, which is the Social Security Number for individuals and sole proprietors and the Federal Employer Identification Number for all other types of organizations. Additionally, the Contractor is to include its Finance Office's 9 digit Zip code, P.O #, Specification Number; Item or services description; Quantity delivered; Unit cost; and, Extension. 21. Preexisting Regulations The regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title 21) in effect on the date of execution of this Contract are applicable to this Contract. 22. Indemnification The State shall not assume any obligation to indemnify, hold harmless, or pay attorneys' fees that may arise from or in any way be associated with the performance or operation of the agreement. 23. Conflicting Terms Any proposal for terms in addition to or different from those set forth in this purchase order or any attempt by the Contractor to vary any of the terms of this offer by Contractor's acceptance shall not operate as a rejection of this offer, unless such variance is in the terms of the description, quantity, price, or delivery schedule, but shall be deemed a material alteration thereof, and this offer shall be deemed acceptable by the Contractor without the additional or different terms. If this purchase order is an acceptance of a prior offer by the Contractor, the acceptance is expressly conditioned upon Contractor's assent to any additional or different terms contained herein. The Contractor understands and agrees that the terms and conditions of this purchase order may not be waived. 24. Drug and Alcohol Free Workplace The Contractor warrants that the contractor shall comply with COMAR 21.11.08 Drug and Alcohol Free Workplace, and that the contractor shall remain in compliance throughout the term of this purchase order. 25. Contractor’s Insurance The Contractor and its subcontractors shall purchase and maintain comprehensive third-party legal liability insurance and such other insurance as is appropriate for the work being performed on the project. Further, the Contractor is responsible for the maintenance whether the work is performed directly by the Contractor, by any subcontractor, by any person employed by the Contractor or any subcontractor, or by anyone for whose acts the Contractor may be liable. This insurance shall include protection for: A. Claims arising from Worker’s Compensation statutes or similar employee benefit acts, or third-party legal liability claims arising from bodily injury, sickness and disease, or 13
death of the Contractor’s employees. The minimum limits of such coverage shall be as required by law. B. Third-party legal liability claims against the Contractor arising from the operations of the Contractor, subcontractors and suppliers with such protection extended to provide comprehensive coverage, including personal injury, completed operations, explosion and collapse hazard, and underground hazard. The minimum combined limit for personal injury and property damage liability shall be $500,000 per occurrence. C. Third-party legal liability claims arising from bodily injury and/or damages to the property of others from the ownership, maintenance or use of any motor vehicle, both onsite and offsite, owned by the Contractor. The minimum combined limit for personal injury and property damage liability shall be $500,000 per occurrence. 26. Permits, Fees and Certificates A. The Contractor will not be required to pay any fees to local authorities for inspection or for the privilege or right to execute the work. B. The Contractor shall comply with the provisions of the Workmen's Compensation Act. C. If the contract requires electrical work, a certificate of electrical inspection from an independent (non-governmental) electrical inspection agency approved by the State of Maryland Fire Marshal shall be submitted to the Procurement Officer prior to or with final payment invoice. The Contractor shall make application for the inspection, coordinate same, and pay the required inspection fees. 27. Contractor State Cooperation A. Before any of the work shall begin, the Contractor shall confer with the State's representative at the site and agree on times, a sequence of procedure, means of access to the premises, space for storage of materials and equipment, use of approaches, use of facilities, etc. B. If it becomes necessary to perform work on days or at times other than those indicated above or on holidays, special permission must be obtained in advance from the State's representative.
C. State holidays shall be observed by the Contractor and shall include: New Year's Day Martin Luther King Day Washington's Birthday Memorial Day Independence Day Labor Day
Columbus Day Federal Election Day Veterans Day Thanksgiving Day and the day after Christmas Day
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and all other additional days authorized by the Governor. 28. Maintenance Manuals and Tests Upon completion of the work, new systems and equipment shall carefully be tested by the Contractor for actual operation and the various pieces of equipment shall be made to function as intended. The Contractor shall furnish an operation and maintenance manual for each piece of equipment or each system as applicable. 29. Inspection by Owner The Owner may provide for inspection, at any time, of any part of the Contractor's work, and of any of the materials, supplies, or equipment which the Contractor may have on hand or in the building. The Contractor shall provide adequate cooperation with any inspector assigned by the owner to permit him to determine the Contractor's conformity with these specifications and the adequacy of the work being performed. 30. Local Conditions Covering Work The Contractor shall cooperate with those in authority on the premises to prevent the entrance and exit of all workmen and/or others whose presence is forbidden or undesirable and in bringing, storing, or removal of all materials and equipment, to observe all rules and regulations in force on the grounds, to avoid unnecessary dust, or accumulated debris or the undue interference with the convenience, sanitation, or routine of the State and to prevent the loss of, or damage to, the property of the State and/or its employees. The Contractor shall repair any and all damage he/she may cause to the building or property, to the full satisfaction of the State. 31. Responsibility for Damage A. The Contractor shall repair and restore to its original condition any equipment, materials, or surfaces damaged by his operations. B. The Contractor shall be entirely responsible for any loss or damage to his own materials, supplies, and equipment, and to the personal property of his employees while they are on State premises. C. The contractor shall be solely responsible for any damage to the building or its contents and for any loss or damage to any property belonging to the owner or the owner's employees when such loss or damage may be attributable to his actions or negligence or the actions of his employees. 32. Contractor’s On-Site Representative The Contractor is required to maintain on-site at all times when the work is in progress on this project an individual who represents the Contractor, is responsible for the entire project, and can communicate in English with the State representative. 33. Security Provisions All security requirements established by the Using Agency for its facility shall become a 15
part of these specifications. It shall be the Contractor's responsibility to comply with any special security provisions established by the Using Agency. 34. Regulations and Code Requirements All work shall conform to the requirements of the latest editions of the following codes and regulations. A. Plumbing Code B. Basic National Building Code (BOCA) C. National Fire Protection Association D. National Electrical Code E. In addition, all work shall be in accordance with requirements of all local codes and regulations of authorities having jurisdiction over this work. 35. Clean Up A. The Contractor shall at all times keep the construction area including storage areas used by him, free of accumulation of waste material or rubbish and prior to completion of the work remove any rubbish from the premises and all tools, scaffolding, equipment, and materials not the property of the State. B. Should the Contractor wish to set a trash disposal container at the job site, the Owner will attempt to provide space consistent with security and safety regulations. C. The Contractor shall observe all institutional security requirements when entering or leaving the institution with trash containers. D. Upon completion of the construction, the Contractor shall leave the work and premises in a clean, neat and workmanlike condition satisfactory to the State representative in charge of the project. 36. Burning The Contractor shall not remove paint by burning without the written approval of the Department Representative. 37. Water Where required for the execution of the work, the Department will provide to the Contractor such excess water as is available after the facility's needs are met. No wasting of water will be permitted. 38. Electricity Where required for the execution of the work, the Owner will provide to the Contractor, at locations designated by the Maintenance Supervisor, such excess electrical power as is available after the facility's needs are met. The Contractor shall use the electricity reasonably. The Contractor and its subcontractors shall observe normal safety precautions when using extension cables. 39. Environmentally Hazardous Materials If at any time during the performance of the work required by this contract, the Contractor finds or has reason to suspect the presence in any work area of environmentally hazardous 16
materials, other than those addressed in the Specifications and Drawings, it shall immediately notify the Department Representative in writing setting forth its observations/suspicions and requesting instructions. At the same time, the Contractor shall withdraw all his personnel from the potentially contaminated area. 40. Site Inspection The Contractor acknowledges that it has inspected the project site; that it has made itself knowledgeable with respect to those factors which may influence its conduct of the work; that it has verified all dimensions and accepts them as reasonable and just; and, that it is prepared to deliver a job complete in every detail without extra costs to the Owner beyond those specifically permitted in the contract. 41. Materials Storage A. Any materials which are to be stored at the job site must be stored in those areas which are designated by the Owner’s Maintenance Supervisor. Materials are stored at the Contractor's risk. B. If it becomes necessary at any time during the progress of the work to move materials or equipment which have been temporarily located or stored, the Contractor shall move them or cause them to be moved at its own expense and risk. 42. Fire and Safety Guidelines Prior to commencing any of the work to be performed under this contract, the Contractor shall familiarize himself with the Fire/Safety guidelines established for the subject facility. The Contractor and his subcontractors shall comply with all of the guidelines and obtain the necessary permits for any acetylene torch burning, welding, etc. 43. Amendment The Contract, embodied in the Contract documents (Bid Notice, Contractor’s Bid and Blanket Purchase Order/Purchase Order), constitutes the entire agreement between the parties hereto, and all other communications between the parties prior to the execution of the Contract, whether written or oral, with reference to the subject matter of this Contract are superseded by the Contract. The Contract may be amended only by written contract modification authorized by the Procurement Officer and approved as required by law.
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