1110128_csp.pdf

Request for Competitive Sealed Proposals for Construction 2024_06 Page 1 of 16

Contracting Branch | Infrastructure Division

4200 Smith School Road Austin, Texas 78744

Request for Proposal / Competitive Sealed Proposal Method

PROJECT NO. 1110128

Pond Liner and Kettle Replacement

Possum Kingdom Fish Hatchery, Palo Pinto County, Texas

Issue Date July 23, 2024

Pre-Proposal Conference (Optional) 10:30 AM CST, August 1, 2024

Pre-Proposal Site Visit (Optional) 7:00 AM – 4:00 PM, August 6, 2024

Deadline to Submit Questions 5:00 PM CST, August 15, 2024

Addendum to Offeror’s Questions (Est.) August 19, 2024

Proposal Due Date 2:00 PM CST, September 5, 2024

Virtual Public Bid Opening 3:00 PM CST, September 5, 2024

Contract Manager: Lyndsi Sandoval, CTCD | CTCM Email: Lyndsi.sandoval@tpwd.texas.gov mailto:Lyndsi.sandoval@tpwd.texas.gov

Request for Competitive Sealed Proposals for Construction 2024_06 Page 2 of 16

TABLE OF CONTENTS

SECTION 1 – GENERAL INFORMATION AND INSTRUCTIONS

1.01 Solicitation Objective

1.02 Pre-Proposal Conference

1.03 Pre-Proposal Site Visit

1.04 Prohibited Communications

1.05 Inquiries and Interpretations During the Solicitation Period

1.06 Deadline for Receipt of Proposals

1.07 Electronic Submission of Proposals

1.08 Corrections, Deletions, or Additions to Proposals

1.09 Submission of a Complete Response Through Bid Portal

1.10 Execution of Proposal

1.11 Public Opening of Proposals

1.12 Basis of Award

1.13 Unit Price / Estimated Quantity Prices

1.14 Discrepancies

1.15 Addenda

1.16 Project Location

1.17 Project Scope

1.18 Construction Cost Estimate

1.19 Performance Period

1.20 Protest Procedures

SECTION 2 – SOLICITATION AND SELECTION INFORMATION AND REQUIREMENTS

2.01 Anticipated Solicitation and Selection Schedule

2.02 Legal Authority to Contract

2.03 Type of Contract

2.04 Public Information

2.05 Eligible Offerors

2.06 Format of Proposal

2.07 Offer Period

2.08 No Reimbursement for Costs

2.09 Acceptance of Evaluation Methodology

2.10 Owner Reservation of Rights

2.11 Selection Overview

2.12 Bid Security

2.13 HUB Subcontracting Plan

2.14 Insurance Requirements

2.15 Bonding Requirements

2.16 Terms and Conditions Attached to Proposal

2.17 Remote Virtual Inspections

2.18 Option for Inclusion of Additional Work

2.19 Energy Policy and Conservation Act

2.19 Build America, Buy America (BABA) Act

2.20 U.S. Department of the Interior Certifications

2.21 Assurances for Construction Programs

2.22 Disclosure of Lobbying Activities

SECTION 3 – EVALUATION & AWARD, EVALUATION CRITERIA & REQUIRED SUBMITTALS

3.01 Offeror Qualifications

3.02 Proposal Evaluation and Award Process

3.03 Evaluation Criteria

3.04 Required Submittals

REQUIRED SUBMITTAL FORMS TOTAL PAGES

Request for Competitive Sealed Proposals for Construction 2024_06 Page 3 of 16

Qualifications and Past Performance Construction Schedule Methodology Price Proposal HUB Subcontracting Plan and Policy Compliance Forms

CONDITIONS OF THE CONTRACT TOTAL PAGES

Uniform General Conditions (including Supplementary Conditions) Prevailing Wage Rates Payment Bond Performance Bond Contractor’s Progress Payment Affidavit Contractor’s Final Payment Affidavit Consent of Surety to Final Payment Contractor’s Non-Use of Asbestos Containing Materials Affidavit Remote Virtual Inspection Agreement Agreement between Owner and Contractor Essential Clauses, Affirmations and Additional Contract Requirements

CONSTRUCTION DOCUMENTS TOTAL PAGES

DIVISION ONE – GENERAL REQUIREMENTS

Section 01000 – Special Conditions Specifications Drawings

EXHIBITS TO THE CONTRACT TOTAL PAGES

Exhibit A - HUB Subcontracting Opportunities (Form PWD 0991) with lists of HUB certified vendors by State Class & Item Code

Request for Competitive Sealed Proposals for Construction 2024_06 Page 4 of 16

SECTION 1 – GENERAL INFORMATION AND INSTRUCTIONS

1.01 Solicitation Objective

The Texas Parks & Wildlife Department (“Owner”) is soliciting Competitive Sealed Proposals (“Proposals”) for selection of a General Contractor (“Offeror”) for the project described below (“Project”), in accordance with the terms, conditions, and requirements set forth in this Request for Competitive Sealed Proposals (CSP).

1.02 Pre-Proposal Conference

Owner will host a pre-proposal conference at 10:30 AM CST, Thursday, August 1, 2024. Conference will be conducted using Microsoft® Teams. Although the pre-proposal conference is not mandatory, Offerors are strongly encouraged to attend as important information regarding proposal submittal requirements and an overview of the Project will be discussed. Failure to give proper consideration to conditions when preparing the Proposal will not constitute grounds for additional compensation.

Registration is recommended to attend the pre-proposal conference. Register prior to 8:30 AM CST, Thursday, August 1, 2024, using the following link:

Registration Form for Pre-Proposal Conference

Following registration a Teams Meeting invitation will be sent.

Following the conference, the PowerPoint™ presentation will be posted to the solicitation on the Electronic State Business Daily and Texas Parks and Wildlife websites.

For additional information regarding this conference, you may contact Lyndsi Sandoval, CTCD, CTCM, Contract Manager, at Lyndsi.sandoval@tpwd.texas.gov.

1.03 Pre-Proposal Site Visit

A visit to the project site is not mandatory, however, Owner strongly encourages potential Offerors to view the project site and offers no guarantee that the project site will be accessible to potential Offerors at any time other than the time specified in this solicitation.

Site visits are available on 7:00 AM – 4:00 PM CST, August 6, 2024.

Site visit contact person is Ryan Rogers, Hatchery Manager by telephone at 940-779-2301 or email:

ryan.rogers@tpwd.texas.gov. Possum Kingdom Fish Hatchery is located at 401 Red Bluff Rd., Graford, TX 76449.

Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Offeror.

Failure to give proper consideration to site conditions when preparing the proposal will not constitute grounds for additional compensation.

1.04 Prohibited Communications

Upon issuance of this solicitation, Owner, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Offeror or their representatives(s), except for the written inquiries https://gateway.gov.e-builder.net/app/bidders/landing?accountid=121b7321-f922-472a-a736-897455b50fee&projectid=89d01ec1-d931-4f85-8691-45cda6d01472&bidpackageid=4d297e3b-67e9-4ccc-bcc5-77fb4ddb08da mailto:kim.shelton@tpwd.texas.gov mailto:ryan.rogers@tpwd.texas.gov

Request for Competitive Sealed Proposals for Construction 2024_06 Page 5 of 16 described in the following sections. Attempts to ask questions by phone or in person will not be allowed or recognized as valid.

Failure to observe this restriction may disqualify Offeror. Offeror shall rely only on written statements issued through or by Owner’s contracting staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

1.05 Inquiries and Interpretations During the Solicitation Period

The Owner reserves the right to issue addenda at any time prior to the deadline for receipt of proposals. Interpretations or clarifications in any other form, including oral statements, will not be binding on the Owner, and should not be relied on in preparing the proposal.

Inquiries, discrepancies, omissions or questions as to the meaning of the technical drawings and specifications, terms and conditions of the solicitation or subsequent contract documents shall be submitted using the eBuilder Bidding Portal module for Questions and Answers.

The deadline for submitting such inquiries in the eBuilder® Bid Portal for response is 5:00 PM CST, Thursday, August 15, 2024. Owner estimates that any addendum issued to respond to questions from Offerors is estimated to be issued on or about August 19, 2024.

Other inquiries regarding this solicitation must be submitted via e-mail to the Point of Contact identified in this section.

All emailed inquiries must include company name, contact person, title, phone number and email address.

Primary Point of Contact: Lyndsi Sandoval, CTCD | CTCM, Contract Manager Email: lyndsi.sandoval@tpwd.texas.gov TPWD | Infrastructure Division 4800 Smith School Road Austin, Texas 78744

If a response to an inquiry has not been received within seventy-two (72) business hours, forward the inquiry to infcontracting@tpwd.texas.gov.

1.06 Deadline for Receipt of Proposals

Owner is requesting proposals to perform all work required. Refer to Section 1.07 for submission instructions. The deadline for receipt of proposals for the project is as follows:

2:00 PM CST, Thursday, September 5, 2024

1.07 Electronic Submission of Proposals

The Owner will not acknowledge or receive Proposals that are delivered by mail, telephone, facsimile (fax), or electronic mail (e-mail). Properly submitted Proposals will not be returned to the Offerors. Submitted Proposals become the property of Owner.

Documentation for this Request for Competitive Sealed Proposals is available in eBuilder® Bid Portal (bid portal). All proposals must be submitted electronically through the bid portal. Use the link below to access the project.

mailto:lyndsi.sandoval@tpwd.texas.gov mailto:infcontracting@tpwd.texas.gov

Request for Competitive Sealed Proposals for Construction 2024_06 Page 6 of 16

Link for Bid Portal

Offerors must register as a bidder within eBuilder® Bid Portal to respond to this solicitation. When signing in the first time, it is recommended that Offerors review the instructions provided by eBuilder®. Please Note: To bid on the project, you will need to create a new account, even if you already have an e-Builder login. The bid portal is a separate platform within e-Builder®.

Bid Portal Video Tutorial Link: https://vimeo.com/374214070

Proposals will only be accepted from Offerors when submitted to the Owner using the bid portal NO LATER THAN the date and time specified in Section 1.06. The bid portal will not allow uploads after the advertised deadline time and date as stated in these documents, or as amended in any addenda. When required by the solicitation, Offeror must submit its proposal using the forms issued by Owner and included in these documents. Owner will not accept proposals that are delivered by any other means. Owner is not responsible for failure of electronic equipment or operator error.

To ensure that all documents are submitted before the deadline, Offerors are encouraged to log into the bid portal and submit a draft proposal at least 24 hrs. prior to bid opening. Proposals can be withdrawn and resubmitted until the bid opening time shown above.

For informational purposes, project plans and specifications can be downloaded directly from the bid portal.

Any questions regarding the use of the bid portal for bidding can be directed to the designated Contract Manager for this solicitation.

1.08 Corrections, Deletions, or Additions to Proposals

Corrections to proposals may be made by using the bid portal, any time prior to the deadline for receipt of proposals.

Owner shall NOT be responsible for failure of electronic equipment or operator error.

1.09 Submission of a Complete Response Through Bid Portal

Offerors must submit all requested information and upload all required documents into the bid portal as specified in Section 1.07, failure to do so may result in rejection of the proposal.

1.10 Execution of Proposal

Proposal documents must be signed by an individual who has the authority to legally bind the firm. Owner reserves the right to require an Offeror to furnish documentary evidence of Offeror’s signature authority.

1.11 Public Opening of Proposals

Proposals will be opened virtually at 3:00 PM CST, Thursday, September 5, 2024 using Microsoft® Teams. Offerors as well as the public may join the meeting to observe the bid opening. Registration is required to attend, use the following link to register:

Registration Link for Public Proposal Opening

Questions should be directed to the designated Contract Manager for this solicitation.

Pursuant to Texas Government Code § 2269.154 (a), Owner shall receive, publicly open, and read aloud the names of the Offerors.

https://gateway.gov.e-builder.net/app/bidders/landing?accountid=121b7321-f922-472a-a736-897455b50fee&projectid=89d01ec1-d931-4f85-8691-45cda6d01472&bidpackageid=4d297e3b-67e9-4ccc-bcc5-77fb4ddb08da https://vimeo.com/374214070 https://forms.office.com/Pages/ResponsePage.aspx?id=p_1keK1i7EeB7DIyZuOjXyo40KdV_GRGqp1yOAyAsMpUNEJVOFZHVzNWRFkzU0FBQlNWQThWODBESy4u

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Pursuant to Texas Government Code § 2269.154 (b), not later than the 45th day after the date on which the proposals are opened, the Owner shall evaluate and rank each proposal submitted in relation to the published selection criteria.

Pursuant to Texas Government Code § 2269.155 (d), Owner shall, no later than the seventh business day after award of the contract, make the evaluations, including any scores, public and provide them to all offerors. Final consensus evaluation matrix shall be published on TPWD’s Construction & Professional Services webpage for no less than 30 days.

1.12 Basis of Award

Determination of best value will be based on the criteria as stated in Section 3 of this Request for Competitive Sealed Proposal (CSP).

1.13 Unit Price / Estimated Quantity Prices

If the Proposal furnished with this project requires a price on a unit price or estimated quantity basis, the Offeror shall enter a unit price in the space provided therefor and a total item price based upon the estimated quantities shown on the price proposal form. Unit prices entered shall be the full price to Owner including materials, labor, services, taxes, bonds, rentals, overhead, profit, etc., for the work described. Quantities shown reflect measurements taken from the Drawings and are assumed correct for bidding purposes. Final contract price will be based on actual quantities of work installed as determined by Owner and awarded Contractor upon completion of the work.

Award of contract shall be based upon the summation of the various unit prices, but in case of error the unit prices shall govern, and computations will be checked for accuracy before award is made.

Prices will also be reviewed for balance prior to award, and obvious imbalance in favor of work scheduled for early completion or subject to significant expansion after award may be grounds for rejection of the proposal.

1.14 Discrepancies

Should any Offeror find discrepancies between the Request for Competitive Sealed Proposals and Contract Documents, or should Offeror be in doubt as to their exact meaning, Offeror should notify OWNER at once. OWNER may then, at its option, issue addenda clarifying same. OWNER will not be responsible for oral instructions or for misinterpretation of the Request for Competitive Sealed Proposals and Contract Documents.

No oral explanation in regard to the meaning of the Request for Competitive Sealed Proposals and Contract Documents will be made and no oral instructions will be given before the award of the contract. All discrepancies, omissions, or questions as to the meaning of Drawings and Specifications shall be communicated using the bid portal for interpretation by 5:00 PM CST, Thursday, August 15, 2024. OWNER estimates that any addendum issued to respond to questions from Offerors is estimated to be issued on or about August 19, 2024.

1.15 Addenda

Owner reserves the right to issue addenda at any time prior to the proposal due date and time. All addenda shall be acknowledged as received in the bid portal. Oral changes in the work made during the solicitation period are not binding.

Offeror’s failure to acknowledge receipt of addenda within the bid portal may result in rejection of proposal.

https://tpwd.texas.gov/business/bidops/current_bid_opportunities/construction/projects.phtml

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1.16 Project Location

Possum Kingdom Fish Hatchery is located at 401 Red Bluff Rd., Graford, Texas, in Palo Pinto County.

Possum Kingdom Fish Hatchery, commonly referred to as “PK,” is located immediately below Possum Kingdom Reservoir Dam in northwest Palo Pinto County. The entry gate is 13 miles West of Graford, Texas along Highway 16.

1.17 Project Scope

Project scope includes all labor, equipment, tools, materials, and incidentals necessary, but not limited to complete the removal and replacement of geomembrane liners in forty-two (42) ponds and kettle rehabilitation as shown on the Contract Documents.

The pond liners and kettles at Possum Kingdom Fish Hatchery are in disrepair and require replacement and rehabilitation. This project will include:

- Removal and replacement geomembrane liners in 42 ponds.

- Install concrete curb around 42 existing kettles.

- Perform concrete kettle rehabilitation.

The pond renovations will allow the hatchery to have better control over pond leakage and reduce staff maintenance as the existing kettles and liner constantly require attention.

1.18 Construction Cost Estimate

The construction cost estimate for this project is $3,000,000.00 - $4,000,000.00.

1.19 Performance Period

Contract time is of the essence and all Work shall be substantially completed within the performance period of three hundred (300) calendar days from written effective date of Notice to Proceed.

1.20 Protest Procedures

Any Actual or prospective Offeror who is aggrieved in connection with this solicitation, evaluation, or award of any contract resulting from this solicitation may formally protest as provided in the Texas Parks and Wildlife Department rules at TAC, Title 31, Part 2, Chapter 51, Subchapter L, Rule 51.350.

END SECTION 1

http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=31&pt=2&ch=51&rl=350

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SECTION 2 – SOLICITATION AND SELECTION INFORMATION AND REQUIREMENTS

2.01 Anticipated Solicitation and Selection Schedule

The solicitation process for this CSP will proceed according to the following proposed schedule. The schedule listed is for planning purposes only and subject to change. If there is a conflict between the dates below and on cover page, the schedule shown here shall govern.

CSP Issue Date July 23, 2024

Pre-Proposal Conference (Optional) 10:30 AM CST, August 1, 2024

Pre-Proposal Site Visit (Optional) 7:00 AM – 4:00 PM, August 6, 2024

Deadline to Submit Questions 5:00 PM CST, August 15, 2024

Addendum to Offeror’s Questions (Est.) August 19, 2024

Proposal Due Date 2:00 PM CST, September 5, 2024

Virtual Public Bid Opening 3:00 PM CST, September 5, 2024

Evaluation of Proposals September 9 - 13, 2024

Oral Interviews (if deemed necessary by Owner) September 23 - 27, 2024

Owner issues Notice of Selection (Est.) October 4, 2024

2.02 Legal Authority to Contract

The Owner desires to select an Offeror on the basis of qualifications and other established criteria as set out in this Solicitation. This procurement complies with the state of Texas law, including Texas Government Code Title 10, Subtitle F, Chapter 2269, Subchapter D: COMPETITVE SEALED PROPOSAL METHOD and under the authority of Texas Parks and Wildlife Code §11.0171. Owner will select the successful Offeror that offers best value to the Owner based on the published Evaluation Criteria stated in Section 3 of this solicitation and on its ranking evaluation. The CSP provides the information necessary to prepare and submit Proposals for consideration and ranking by the Owner.

2.03 Type of Contract

The Owner intends to award a single contract to a single Offeror. Any contract resulting from this solicitation will be in the form of the Agreement between Owner and Contractor, a sample of which is included in the CSP.

The work will be awarded under a Lump-Sum contract to the Offeror offering the best value to the Owner.

2.04 Public Information

All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after award of a Contract. However, certain information may be confidential and fall under an exception to disclosure under the Public Information Act such as proprietary or confidential information, trade secrets, and certain commercial and financial information where disclosure might cause “substantial competitive harm to your business.” If the Offeror believes that its proposal to this solicitation contains confidential information in those categories, the Offeror must specifically document this at the top or bottom of each page that contains the information the Offeror considers confidential. The Offeror’s documentation must include a statement that confidential information is contained on that page, refer to its exact location on the page, and describe the specific nature of the exception to the Texas Public Information Act that the Offeror believes applies to this information, i.e. copyrighted, trade secret, proprietary, financial etc. A general disclaimer that the Offeror’s proposal contains confidential information

Request for Competitive Sealed Proposals for Construction 2024_06 Page 10 of 16 will not be sufficient to meet this requirement. If such documentation is not provided, Owner will assume that all information provided in the proposal to this solicitation is disclosable under the Act.

The Owner strictly complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of CSP information.

2.05 Eligible Offerors

Only individual firms or lawfully formed business organizations may submit proposals, this does not preclude an Offeror from using subcontractors. The Owner will contract only with the individual firm or formal organization that submits a Proposal.

2.06 Format of Proposal

2.06.01 Proposal shall be prepared simply and economically, providing a straightforward, concise description of the Offeror's ability to meet the requirements of this CSP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of Owner's needs.

2.06.02 Limitations on volume of requested information apply equally to single firms and joint venture Offerors, regardless of the number of firms partnering in the joint venture. The individual firms of a joint venture are scored separately on the Evaluation Criteria. Their individual scores are then combined based on the proportion of control that each firm has in the joint venture.

2.06.03 Offerors shall carefully read the information contained in this CSP and submit a complete proposal addressing all requirements and questions as directed. An incomplete proposal may be considered non-responsive and subject to rejection.

2.06.04 Proposal and any other information submitted by Offerors in response to this CSP shall become the property of the Owner.

2.06.05 Failure to comply with all requirements contained in this CSP may result in the rejection of the Proposal.

2.06.06 Proposals that are qualified with conditional clauses, alterations, items not called for in the CSP documents, or irregularities of any kind are subject to rejection by the Owner, at its option.

2.06.07 Additional information and attachments shall NOT be included with the Proposal. Only Proposals provided by the Offeror to the questions and requests identified in the Attachments of this CSP will be used by the Owner for evaluation.

2.07 Offer Period

Proposals submitted shall constitute an offer for a period of sixty (60) days or until selection is made by Owner, whichever occurs earlier. Once submitted, Proposals are irrevocable without withholding the bid security.

2.08 No Reimbursement for Costs

Offeror acknowledges and accepts that any costs incurred from the Offeror’s participation in this CSP process shall be at the sole risk and responsibility of the Offeror. Offerors submit Proposals at their own risk and expense.

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2.09 Acceptance of Evaluation Methodology

By submitting its Proposals in response to this CSP, the Offeror accepts the evaluation process and acknowledges and accepts that determination of the best value will be made by the Owner. This determination will require subjective judgments by the Owner.

2.10 Owner Reservation of Rights

Owner makes no representations, written or oral, that it will enter into any form of agreement with any Offeror to this solicitation for any project and no such representation is intended or should be construed by the issuance of this solicitation. The act of opening and reading aloud a proposal does not indicate Owner's acceptance of the offeror or proposal suitability.

Owner reserves the right to accept or reject any or all Proposals and to waive any minor formalities or minor technical inconsistencies or delete any item/requirements from any proposal or from this solicitation when deemed to be in Owner’s best interest. A minor informality is one that does not affect the competitiveness of the Offerors.

Offeror’s competency, responsiveness, and responsibility will be considered in making an award. Owner may evaluate proposals based on anticipated completion and sequencing of the entire project or its parts. Owner is not bound to accept the lowest proposal or any portion thereof and may request new proposals for all or parts of the project. Owner reserves the right to divide the project into multiple parts, reject any and all proposals, re-solicit, or even temporarily or permanently halt the project. Owner may choose to award, partially award, or not award a contract if no submissions are deemed acceptable and may re-solicit as deemed necessary and in the best interest of the State of Texas.

2.11 Selection Overview

In an expeditious manner, an evaluation team will apply the evaluation factors set forth herein to all eligible and responsive Offerors in comparing Qualifications and additional information as requested to determine the top-ranked Offerors. If deemed necessary by the Owner, interviews may be conducted, in order to recommend the successful top-ranked Offeror. Owner reserves the right to negotiate all elements that comprise the Offeror's Proposal to ensure that the best possible consideration is afforded to all concerned. Refer also to Section 3.

2.12 Bid Security

Offeror must provide a bid security as set forth by the Uniform General Conditions, Article 5.1.2. The bid security shall be in the form of a bond accompanied by valid power of attorney, or a certified check or cashier’s check made payable to Texas Parks and Wildlife Department for not less than five percent (5%) of the total amount of the proposal, including the total of all separate priced items and multiple base pricing items and/or alternate price items and/or optional pricing and/or allowances. To ensure adequate bid security, offerors should calculate bid security based on the highest possible monetary award.

Upload a .pdf file of the bid security documents to the bid portal. If bid security is by certified check or cashier’s checks, the original check must be delivered to the primary point of contact identified in Section 1.05 within forty-eight (48) hours of proposal deadline. No other forms of bid security or checks will be accepted. Proposals will be rejected if the appropriate bid security is not furnished in the form specified above and by the time set for receipt of proposals.

Bid security for the successful offeror will be returned following execution of the contract and submission of satisfactory bonds and insurance. If the successful offeror fails to return the signed contract, insurance, and bonds within the time specified, the bid security may be forfeited not as a penalty but as liquidated damages.

Bid security from all Offerors may be retained by Owner until a contract is executed.

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2.13 HUB Subcontracting Plan

In accordance with Texas Gov't Code §2161.252 and 34 Texas Administrative Code §20.285, Owner has determined that subcontracting opportunities are probable under this contract, and that the contract value may exceed $100,000.

This probability is based on HUB availability, HUB utilization, geographic location of the project, the contractual scope of work, or other factors. Owner estimates the value of this contract to be greater than $100,000. See Exhibit A form PWD 0991 for the HUB subcontracting goal of the contract’s value.

Offeror must complete and upload the completed HUB Subcontracting Plan (HSP) with the proposal following the policy and utilizing the forms contained within the CSP and Contract Documents herein. See Required Submittal Forms for HUB Subcontracting Plan forms and instructions. See Exhibit A – Historically Underutilized Business (HUB) Subcontracting Opportunities (Form PWD 0991) and lists of HUB certified vendors by State Class & Item Code.

A list of HUB subcontractors that may be able to perform the work identified as areas with potential subcontracting opportunities is attached to the HUB Subcontracting Plan forms. Offerors may also access a list of HUB subcontractors who may be able to perform this work by searching the Centralized Master Bidder’s List (CMBL), as maintained by the Texas Comptroller of Public Accounts. The main CMBL search page is located here:

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do.

Offerors are highly encouraged to contact TPWD HUB Administration staff at 512/389-4784 or hub@tpwd.texas.gov for assistance with completing the HSP forms, obtaining HUB lists if web access is not possible, and/or further explanation of the TPWD HUB program. An instructional video, Microsoft Word® documents and PowerPoint® presentation can be located at: http://tpwd.texas.gov/business/bidops/hub/HSP/index.phtml.

FAILURE TO COMPLETE AND RETURN THESE FORMS WITH THE PROPOSAL WILL RESULT IN

DISQUALIFICATION FROM CONSIDERATION. THE OFFEROR RECEIVING AN AWARD MUST COMPLY WITH

THE SPECIAL REQUIREMENTS SPECIFIED HEREIN.

HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report: After award of the contract, the Contractor shall report all HUB and non-HUB subcontractor information using the HSP Prime Contractor Progress Assessment Report form. The report shall be submitted to the TPWD HUB Program monthly. The report shall be submitted monthly even during the months the Contractor is not invoicing Owner. All payments made to subcontractors shall be reported. Owner may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors.

2.14 Insurance Requirements

The successful offeror must certify the minimum insurance coverages as set forth by the contract, specifically, the Uniform General Conditions, Article 5, 5.2. and Division 1 – General Requirements, Section 01000 – Special Conditions.

The required insurance information shall be submitted within ten (10) calendar days from receipt of Notice of Selection as confirmation that the required insurance is in full force and effect. Failure to timely meet this requirement may result in disqualification of the proposal and forfeiture of the bid security, if any. In such circumstances, Owner shall be authorized to proceed with award to the next highest ranking, responsive and responsible offeror.

2.15 Bonding Requirements

The successful offeror must provide Payment and Performance bonds as set forth by the Uniform General Conditions, Article 5. Payment and Performance bonds must be submitted on Owner provided forms and accompanied by a valid power of attorney.

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do mailto:hub@tpwd.texas.gov http://tpwd.texas.gov/business/bidops/hub/HSP/index.phtml

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The fully executed bond documents shall be submitted within ten (10) calendar days from receipt of a fully executed contract. Failure to timely meet this requirement may result in disqualification of the proposal and forfeiture of the bid security.

2.16 Terms and Conditions Attached to Proposal

Any terms and conditions attached to a response will not be considered unless specifically referred to in the proposal.

2.17 Remote Virtual Inspections

Offeror may be required to facilitate Remote Virtual Inspections (RVI). The awarded Offeror will be required to sign TPWD’s REMOTE VIRTUAL INSPECTION AGREEMENT, a draft of which is included as an attachment in the solicitation documents.

2.18 Option for Inclusion of Additional Work

RESERVED.

2.19 Energy Policy and Conservation Act

RESERVED.

2.19 Build America, Buy America (BABA) Act

RESERVED.

2.20 U.S. Department of the Interior Certifications

RESERVED.

2.21 Assurances for Construction Programs

RESERVED.

2.22 Disclosure of Lobbying Activities

RESERVED.

END SECTION 2

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SECTION 3 – EVALUATION & AWARD, EVALUATION CRITERIA & REQUIRED SUBMITTALS

3.01 Offeror Qualifications

Owner may make such investigations as necessary to determine the ability of the Offeror to perform the work and reserves the right to reject any proposal if the evidence submitted and/or obtained through investigation fails to satisfy Owner that the Offeror is properly qualified to carry out the obligations of the Agreement.

3.02 Proposal Evaluation and Award Process

3.02.01 All submissions received will be evaluated for responsiveness. Submission of an incomplete Proposal may disqualify the Offeror. Proposals with one or more deficiencies listed below shall be considered nonresponsive and will not be considered by the evaluation committee.

• Failure to submit the Qualifications and Past Performance document completed in entirety, signed, and including all requested documentation.

• Failure to submit Construction Schedule Response Form and requested construction schedule(s).

• Failure to submit Price Proposal document completed in entirety and signed.

• Failure to submit Bid Security in accordance with solicitation documents.

• Failure to submit HUB Subcontracting Plan completed in entirety and signed.

• HUB Subcontracting Plan does not meet “Good Faith Effort” requirements.

3.02.02 All responsive submissions received will be reviewed, evaluated, and ranked by an evaluation committee established by the Owner. Based on the ranking and at Owner’s sole discretion, Owner may determine the Proposals that are within the competitive range and that offer the “best value” for the State. Award of contract may be made at this time or Owner may proceed to oral interviews with Offerors within the competitive range. The decision to proceed to oral interviews is at the sole discretion of Owner.

3.02.03 At the sole discretion of Owner, if deemed necessary, oral interviews may be held to allow Offerors the opportunity to highlight the strengths and unique aspects of their proposals and provide answers to clarification questions Owner may have regarding the proposals. Owner may qualify (short-list) up to five (5) Offerors to be engaged in oral interviews. The Offeror’s Project Manager designated in their proposal as being the primary “lead” individual coordinating the day-to-day project management during construction of the Project shall facilitate and conduct the presentation made by the firm during the interview. Award of contract may be made without oral interviews. A request for oral interviews is at the sole discretion of Owner and will be extended in writing.

3.02.04 At the sole discretion of Owner, if deemed necessary, Owner may elect to participate in discussions with Offerors. If deemed necessary by the Owner, the Owner may qualify (short-list) up to five (5) Offerors to be engaged in discussions. If discussions are held, Offerors shall be given an equal opportunity to discuss and submit revisions to proposals. Award of contract may be made without discussions and request for revisions. A request for discussions is at the sole discretion of Owner and will be extended in writing.

3.02.05 At the sole discretion of Owner, the Offerors may be requested to submit their Best and Final Offer (BAFO), if the evaluation committee determines that BAFOs are necessary and/or appropriate. Award of contract may be made without BAFO. A request for a BAFO is at the sole discretion of Owner and will be extended in writing.

3.02.06 Owner will rank the remaining “most” qualified. Scoring results from the evaluation criteria, interviews (if deemed necessary) and references will be the final determining factors in the Owner’s ranking of Offerors in order to determine the most qualified Offeror. If the Owner is unable to negotiate a satisfactory contract with the selected Offeror, the Owner shall, formally and in writing, end negotiations with the Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. Award of contract may be made without negotiations. A request for negotiations is at the sole discretion of Owner and will be extended in writing.

Request for Competitive Sealed Proposals for Construction 2024_06 Page 15 of 16

3.02.07 Owner reserves the right to award a contract to Offeror whose Proposal is considered to provide the best value to the State. Owner will be the sole judge of best value. Award will be based on best value criteria and may include, but is not limited to the following: Pricing, Qualifications, References, and ability to commence work on or about the date listed in the Project Schedule.

3.02.08 In evaluating responses, the Owner will consider information related to past contract performance of an Offeror including, but not limited to Texas Comptroller of Public Accounts’ (CPA) Vendor Performance Tracking System (VPTS) available at https://www.txsmartbuy.com/vpts.

3.02.09 Prior work performance with the Owner and other state agencies or governmental entities which are familiar with an Offeror’s performance, depending on problems encountered, may be grounds for disqualification. In addition, Offerors involved in litigation with the Owner, or another state agency may be disqualified. Offeror’s past performance will be measured based upon pass/fail criteria in compliance with applicable provisions of Gov't Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Offerors may fail this selection criterion for any of the following conditions:

(a) The Vendor has a score less than C or Unsatisfactory in the VPTS,

(b) Currently under a Corrective Action Plan through the CPA,

(c) Having repeated negative Vendor Performance Reports for the same reason,

(d) Having Purchase Orders/Contracts that have been cancelled in the previous 12 months for non-performance, (i.e., failure to remedy defective work, late delivery, etc.).

3.03 Evaluation Criteria

Offerors shall carefully read the information contained in this solicitation and submit a complete Proposal to answer all questions. Incomplete proposals may be considered non-responsive and subject to rejection.

Criteria Weight

Qualifications and Past Performance Sub Criteria: Related Project Experience (40%) Proposed Project Team Qualifications (10%)

50%

Price Proposal 30%

Methodology 10%

Construction Schedule Responses & Construction Project Schedule 10%

Sub Total 100

Oral Interviews (if deemed necessary by the Owner) 25

Total Points 125

Price Evaluation Criteria:

(Price of Lowest Offer / Price of Offer Being Evaluated) x Maximum No. of Available Points* = Weighted Price Score**

*Number of Points Assigned corresponds to the numerical percentage assigned to the criterion.

**Do not round.

https://www.txsmartbuy.com/vpts

Request for Competitive Sealed Proposals for Construction 2024_06 Page 16 of 16

3.04 Required Submittals

Offerors shall upload the required submittals by the Proposal due date and time stated herein. Offeror shall submit all documents required by this solicitation. Failure to submit all required documents (including those identified in other evaluation criteria) with acceptable proposals and information meeting the applicable requirements of those documents shall cause Offeror to be deemed “non-responsive” and disqualified.

Qualifications and Past Performance: upload the following documents as one .pdf file.

Qualifications and Past Performance, Sections 1 - 5 completed in entirety and signed.

Certificate of Authority for Out of State Contractors doing business in Texas, Section1, if applicable.

Letter of Intent from Surety, Section 2.

Dunn and Bradstreet Report, Section 2.

Project Experience Forms (exactly three projects).

Resumes of Proposed Project Team, Section 5.

Construction Schedule: upload the following documents as one .pdf file.

Base Proposal Schedule including alternates.

Methodology: upload the methodology documentation as one .pdf file.

Price Proposal: upload the completed and signed form and enter the proposal amounts in the Bid Portal, Response Form, Step 1: Bid Form.

Bid Security: upload the bid security documentation provided by Offeror in accordance with Section 2.12.

HUB Subcontracting Plan (HSP): upload the required HSP documentation as one .pdf file in accordance with Section

2.13. See Required Submittal Forms section for HUB Subcontracting Plan forms and instructions and Exhibit A – Historically

Underutilized Business (HUB) Subcontracting Opportunities (Form PWD 0991) & lists of HUB certified vendors by State

Class & Item Code.

END SECTION 3

REQUIRED SUBMITTAL FORMS

CSP Construction Qualifications & Past Performance 2024 04 Page 1 of 15

QUALIFICATIONS AND PAST PERFORMANCE

ALL FORM FIELDS REQUIRED, MARK N/A IF NOT APPLICABLE.

FAILURE TO COMPLETE, SIGN AND SUBMIT WITH PROPOSAL MAY BE CAUSE FOR REJECTION OF PROPOSAL.

SECTION 1: COMPANY INFORMATION PASS/FAIL

Legal Name of the Company

Principal Place of Business (Corporate Headquarters)

Address:

City, State, Zip:

Physical Address of Office Providing Services (if different from above)

Address:

City, State, Zip:

Mailing Address (if different from above)

Address:

City, State, Zip:

Include name, address, email, and telephone number of the person in your organization authorized to negotiate contract terms and render binding decisions on contract matters.

Name & Title:

Address:

City, State, Zip:

Email:

Phone:

Does any relationship exist by relative, business associate, capital funding agreement, or any other such kinship between your firm and any Owner employee, officer or member of the Texas Parks and Wildlife Commission? If so, please explain.

Commented [LS1]: Is this a pass/fail? On the table in CSP doc we put it at a percentage. 50% then sub categories are 40 and 10%; I think maybe we should only list the sub categories.

We don’t list any of the other pass fail requirements on this table?

CSP Construction Qualifications & Past Performance 2024 04 Page 2 of 15

Firm History: List firm history below including any other business names used.

From: To: Firm Name:

From: To: Firm Name:

From: To: Firm Name:

Total Number of Years in Business:

Entity Classification

Is your firm currently reporting any Texas tax to the Comptroller’s office such as sales tax or franchise tax?

YES ☐ NO ☐

Select the Appropriate Ownership Type for your business:

☐ Individual Recipient (not owning a business) ☐ Texas Corporation

☐ Sole Ownership (Individual owning a business) ☐ Professional Association

☐ Partnership ☐ Professional Corporation

☐ Texas Limited Partnership ☐ Out of State Corporation*

☐ Other*: ____________________________________________________________________________________________

*If Offeror is an out of state entity, offeror shall provide a copy of the Certificate of Authority to do business in Texas with the proposal.

Owner reserves the right to request documentation of Offeror’s legal name and entity status signed by an authorized representative of the Offeror clearly indicating the legal name, entity status and capacity and authority of the person signing on behalf of Offeror. Documentation requests may include but are not limited to, articles and bylaws, certificate of organization, articles of organization and regulations, joint venture agreements, partnership agreements and certificates of limited partnership and documentation for partner.

HUB INFORMATION

Is your firm a Texas Certified Historically Underutilized Business (HUB)? YES ☐ NO ☐

If yes, indicate certification categories:

Gender: Male ☐ Female ☐

Ethnicity: Asian Pacific Islander ☐ Black American ☐ Hispanic American ☐ Native American ☐

Service-Disabled Veteran: Yes ☐ No ☐

END SECTION 1

Commented [NC2]: Consider adding that table from the IFB that asks what type of construction work the company does and at what percent each type makes up of their total portfolio.

CSP Construction Qualifications & Past Performance 2024 04 Page 3 of 15

SECTION 2. FINANCIAL CAPABILITY PASS/FAIL

Offeror must provide evidence of financial capability and stability.

Offeror’s financial capability must be appropriate to the size and scope of the project.

ALL FORM FIELDS REQUIRED, MARK N/A IF NOT APPLICABLE

Indicate if your company or any of its subsidiaries filed or met criteria for bankruptcy within the last five years.

__ Yes __ No If yes, explain.

Identify if your firm is currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If so, specify date(s), details, circumstances, and prospects for resolution.

__ Yes __ No If yes, explain.

Identify if your firm is currently for sale or involved in any transaction to expand or to become acquired by another business entity? If so, please explain the impacts, financial, organizational and company direction.

__ Yes __ No If yes, explain.

BONDING INFORMATION: Indicate the Agency/Surety through which bonding will be obtained.

AGENCY COMPANY

Agent Company Name:

Agent Name:

Agent Address:

Agent Email:

Agent Phone No.:

CSP Construction Qualifications & Past Performance 2024 04 Page 4 of 15

BONDING COMPANY (UNDERWRITER)

Bonding Company Name:

Bonding Agent Name:

Bonding Agent Address:

Bonding Agent Email:

Bonding Agent Phone:

DISCLOSURE OF OUTSIDE FINANCIAL RESOURCES: Identify outside financial resources available to firm to enable performance under the awarded contract.

CONSTRUCTION CAPABILITIES

Firms Average Annual Construction Volume $

Building % Mech.-HVAC % Hwy/Roads % Other %

Electrical % Utility Lines % Earthwork % Other %

Plumbing % Utility Plants % Site Work % Other %

The following factors may be considered but are not limited to: Current Assets/Current Liabilities Ratio; Cash + Short term investments; Income from Operations/Interest Expense; Opinion from Offeror’s Auditor; Bonding capacity; and Notes to the Financial Statements.

☐ Letter of Intent from Surety: Attach a letter of intent from Surety company indicating your firm’s ability to bond for the entire construction cost of the project. Bonding requirements are set forth in the Agreement and the Unform General and Supplementary Conditions, incorporated herein. Letter should also include total bonding capacity, available bond capacity and current backlog.

☐ Dun & Bradstreet Report: Attach a copy of its Dun & Bradstreet (D&B) Business Information Report. The report must include Respondent’s Viability Score and the Portfolio Comparison Score or similar ratings.

END SECTION 2

Commented [NC3]: I'm torn. Is this Company Profile or Financial? :) I can be talked into either.

CSP Construction Qualifications & Past Performance 2024 04 Page 5 of 15

SECTION 3. LITIGATION HISTORY PASS/FAIL

Offerors involved in litigation, depending upon the circumstances, may be disqualified.

Provide details of litigation or claims filed against offeror for the past ten years, including any pending litigation or claims.

Has firm, under its current or former name(s) ever failed to complete a project, defaulted on a contract, or been terminated from a construction contract?

__ Yes __ No If yes, explain.

END SECTION 3

CSP Construction Qualifications & Past Performance 2024 04 Page 6 of 15

SECTION 4: RELATED PROJECT EXPERIENCE SCORED, WEIGHT 40%

Offeror must provide history of successful completion of projects with similar size, scope, and complexity.

MINIMUM EXPERIENCE REQUIREMENTS

Offeror must have five (5) or more years’ experience of pond liner and kettle repairs.

PROJECT EXPERIENCE FORMS

Provide exactly three (3) completed projects that demonstrate experience meeting the following criteria that were successfully completed within the last eight (8) years. Additional consideration will be given to projects combining multiple criteria. The documentation shall be presented in sufficient detail to demonstrate that that the Offeror is qualified to manage and construct the type of project being solicited.

Provide examples of past projects that indicate your firm’s experience with the type of projects similar in size and scope to the project of this solicitation. Project examples should demonstrate your firm’s experience with the following:

• Similar installation of pond liners.

• Similar concrete repair and rehabilitation.

• Similar construction of new concrete flatwork.

REFERENCES FROM EACH INCLUDED PROJECT EXPERIENCE FORM OWNER

Owner may make such investigations as necessary to determine the ability of the Offeror to perform the work and reserves the right to reject any proposal if the evidence submitted and/or obtained through investigation fails to satisfy Owner that the Offeror is properly qualified to carry out the obligations of the Agreement. Negative responses or no response from project reference owners and A/E firms that are familiar with contractor’s performance, depending on problems encountered, may be grounds for disqualification.

Provide current contact information on Project Experience forms for each project owner.