1210003_RFP_CMR_Powderhorn.pdf

RFP for Construction Manager at Risk 2025_0528 Page 1 of 21

Contracting Branch | Infrastructure Division 4200 Smith School Road

Austin, Texas 78744

ALL PROPOSALS MUST BE SUBMITTED VIA COURIER OR MAIL SERVICE

REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGER-AT-RISK

PROJECT NO. 1210003

NEW PARK DEVELOPMENT

AT POWDERHORN STATE PARK

CALHOUN COUNTY, TEXAS

** Proposals will be received and recorded in the A-100 Conference Room, Infrastructure Division. No Pricing information will be publicly released until a contract has been executed between TPWD and the successful Offeror.

Point-of-Contact: Mandy Holcomb, CTCD, CTCM

Sr. Contract Manager Email: mandy.holcomb@tpwd.texas.gov

RFP Issue Date: August 14, 2025 Proposal Due Date: 2:00 PM, September 30, 2025** mailto:joann.hernandez@tpwd.texas.gov

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TABLE OF CONTENTS

SECTION 1 – GENERAL INFORMATION AND SUBMITTAL REQUIREMENTS

1.01 Statutory Authority

1.02 Cost of Work

1.03 Contract Term

1.04 Delivery of Proposals

1.05 Sealed Container

1.06 Submission of Proposals

1.07 Authorized Contact Persons

1.08 Prohibited Communications

1.09 Inquiries and Interpretations

1.10 Addenda

1.11 Type of Contract

1.12 Public Information

1.13 Offer Period

1.14 Evaluation, Negotiations, Award and Execution of Contract

1.15 Historically Underutilized Business Subcontracting Plan (HSP)

1.16 Bonds and Insurance Requirements

1.17 Rejection of Proposals

1.18 Withdrawal of Proposal

1.19 Costs of Preparing the Proposal

1.20 Minor Informalities

1.21 Terms and Conditions Attached to Proposal

1.22 Funding

1.23 Acceptance of Evaluation Methodology

1.24 Owner’s Reservation of Rights

1.25 Eligible Offerors

1.26 Legal Status of Offeror

1.27 Inspection, Construction Materials Testing and Building Commissioning

1.28 Texas Ethics Commission Interested Parties Disclosure Form

1.29 Acknowledgements

1.30 Protest Procedures

1.31 Order of Precedence

1.32 Vendor Performance Tracking System

1.33 Remote Virtual Inspections

1.34 Construction Contracting Forms

SECTION TWO – SCHEDULE, PRE-PROPOSAL MEETING AND CRITERIA

2.01 Anticipated Solicitation Schedule

2.02 On-Line Video Pre-Proposal Meeting

2.03 Pre-Proposal Site Visit

2.04 Description of Criteria and Associated Points

SECTION THREE – EXECUTIVE SUMMARY

3.01 Project History

3.02 Project Scope

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SECTION FOUR – REQUIRED SUBMITTALS AND EVALUATION CRITERIA

4.01 Required Submittals (Step 1)

ATTACHMENTS

STEP 1 Required Submittals – TO BE COMPLETED AND RETURNED WITH PROPOSAL

Attachment A Essential Clauses, Affirmations & Additional Contract Requirement

Attachment B Acceptable Documentation and Contractor’s Qualification Form

STEP 2 – Only Short-listed Firms will be invited to submit responses to STEP 2 (Information only)

Attachment C Construction Manager at Risk Proposal Form

Attachment D HUB Subcontracting Plan

EXHIBITS

Documents incorporated by reference:

Exhibit A Pro-Forma Construction Manager at Risk Agreement

Exhibit B Conditions of the Contract include:

Uniform General Conditions 2018 Supplementary General Conditions Special Conditions

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SECTION 1 – GENERAL INFORMATION AND SUBMITTAL REQUIREMENTS

1.01 STATUTORY AUTHORITY. In accordance with the provisions of Texas Government Code, Chapter 2269, Subchapter F, Construction Manager-at-Risk Method, and Rules and Procedures adopted by Texas Parks and Wildlife Department (TPWD or Owner), TPWD is requesting Proposals for a Construction Manager-at-Risk (CMR) to provide pre-construction and construction services for the New Park Development at Powderhorn State Park, Calhoun County, Texas, hereinafter described as TPWD Project No. 1210003 – New Park Development (the Project). This Project will be administered by TPWD. This procurement will be a two-step award process with a two-part work requirement.

1.01.1 This solicitation will include a submittal of company experience and qualifications focusing on projects of similar size and type. Offerors will be evaluated on the criteria detailed in Section 4, Required Submittals. The CMR Contract will be awarded following a two-step process using qualifications statements, response to additional information and lastly, Interviews.

1.01.2 Solicitation Documents and all addenda are obtained through the Comptroller’s website under Electronic State Business Daily (ESBD) at: https://www.txsmartbuy.gov/esbd

1.02 COST OF WORK. Offerors to the RFP should consider the “Cost of Work” as estimated to be Fifty-Three Million ($53,000,000.00) not including any Preconstruction Management fees, Construction Management fees, and Construction General Conditions, as part of the construction budget or the Guaranteed Maximum Price (GMP).

1.03 CONTRACT TERM. For planning purposes, the preconstruction performance period is estimated to be six hundred forty (640) calendar days. The construction performance period is projected for a term of eight hundred (800) calendar days except as may be otherwise amended or negotiated. The total contract performance period is estimated to be one thousand four hundred and forty (1,440) calendar days.

1.04 DELIVERY OF PROPOSALS. Proposals will be accepted prior to the time and date specified herein by courier or mail service. Delivery information” is as follows:

U. S. Postal Services Overnight/Express Mail Texas Parks & Wildlife Dept.

Infrastructure Division 4200 Smith School Road Austin, Texas 78744 Hours – 8:00 AM to 5:00 PM (CT)

Texas Parks & Wildlife Dept. Mail Room Infrastructure Division 4200 Smith School Road

Hours – 8:00 AM to 5:00 PM (CT)

Proposals must be received at the above location prior to the date and time set forth below.

DUE DATE: September 30, 2025

NO LATER THAN: 2:00 PM (CT)

TPWD RESERVES THE RIGHT TO ACCEPT LATE RESPONSES, HOWEVER, NO RESPONSE

WILL BE CONSIDERED AFTER THE OPENING HAS BEGUN, NOTWITHSTANDING

SHIPPER FAULT AND/OR THAT THE PROPOSAL WAS UNDER AGENCY CONTROL AT

THE TIME OF THE OPENING

PROPOSALS RECEIVED AFTER THE OPENING HAS BEGUN, WILL NOT BE ACCEPTED

FOR CONSIDERATION.

https://www.txsmartbuy.gov/esbd

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1.05 SEALED CONTAINER. Proposals may be mailed or delivered (during normal business hours – 8:00 AM CT through 5:00 PM CT) hours in person or by FedEx, Express Mail or other delivery service) to the address referenced above. It is the sole responsibility of the Offeror to ensure timely delivery of its Proposal. Owner will not be responsible for failure of service on the part of the U.S. Postal Service, courier services, or any other form of delivery service. Electronic or facsimile Proposals will not be accepted. Proposals must include all specified items detailed in the Solicitation Documents.

Proposals must be submitted in a tamper resistant sealed container marked on the outside with the Offeror’s name and address, project number, and due date and time. Proposals that are not submitted in a sealed container will not be considered. The container shall be clearly labeled as follows:

PROPOSAL FOR

Texas Parks and Wildlife Department

Infrastructure Division – Attn: Mandy Holcomb, Sr. Contract Manager CMR Proposal, Project No. 1210003

New Park Development at Powderhorn State Park

1.06 SUBMISSION OF PROPOSALS. The Offeror must submit the following:

1. one (1) original signature copy of their Response, stamped “ORIGINAL”,

2. one (1) identical digital/electronic version on Flash Drive in a sealed container.

1.07 AUTHORIZED CONTACT PERSONS.

1.07.1 The Owner designates the following person as its representative and Point-of-Contact for this RFP. Offerors shall restrict all contact with the Owner and direct all questions regarding this RFP, including questions regarding technical drawings and specifications and terms and conditions, to the Point-Of-Contact person.

Mandy Holcomb, CTCD, CTCM, Sr. Contract Manager, Texas Parks & Wildlife Department | Infrastructure Division 4200 Smith School Road Austin, Texas 78744 Phone: 512-389-4353 Email: mandy.holcomb@tpwd.texas.gov

Secondary Point-Of-Contact, if POC doesn’t respond by two (2) business days:

Mindi Johnson, CTCD, CTCM, Contract Manager Email: mindi.johnson@tpwd.texas.gov

1.07.2 The Owner designates the following person, as its representative and Point-of-Contact for all questions related to the HUB Subcontracting Plan.

TPWD HUB Specialist Texas Parks & Wildlife Department | Purchasing & Contracting 4200 Smith School Road

Email: HUB@tpwd.texas.gov mailto:mandy.holcomb@tpwd.texas.gov mailto:mindi.johnson@tpwd.texas.gov mailto:HUB@tpwd.texas.gov

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1.08 PROHIBITED COMMUNICATIONS. Upon issuance of this solicitation, TPWD, 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 described in Article 1.07 of this section. 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 TPWD’s contracting staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

1.09 INQUIRIES AND INTERPRETATIONS. Inquiries regarding this RFP must be submitted via e-mail to the Point of Contact identified in Article 1.07 of this section and shall be submitted to TPWD no later than 12:00 PM (Noon) CT on September 12, 2025.

All inquiries must include Offeror’s contact person, phone number and email address.

1.09.1 All questions received in time will be answered by TPWD in a Question & Answer Addendum (Q&A). Q & A Addendum will be posted to the ESBD at:

https://www.txsmartbuy.gov/esbd

1.09.2 Any Offerors finding discrepancies between the provided documents, or in doubt as to their exact meaning, shall notify TPWD in writing at once. TPWD may then, as an option, issue addenda clarifying the same. TPWD is not responsible for oral instructions or for misinterpretation of the drawings and specifications.

1.09.3 Inquiries submitted by email shall be in an editable format, i.e. Microsoft Word, or standard email, please do not send an un-editable format such as Adobe Acrobat.pdf files.

1.10 ADDENDA. Any inquiries/clarifications or interpretations of this RFP that materially affect or change its requirements will be issued by the Owner as an addendum on the Electronic State Business Daily (ESBD) website at https://www.txsmartbuy.gov/esbd. All such addenda issued by the Owner before the proposals are due are considered part of the RFP, and Offerors shall acknowledge receipt of and incorporate each addendum in its Proposal. OFFEROR’S FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA MAY

RESULT IN REJECTION OF PROPOSAL.

Offerors shall consider only those clarifications and interpretations to the Drawings and Specifications that the Point-Of-Contact issues by Addendum. 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 Proposals.

1.11 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 Construction Manager at Risk Contract, a copy of which is included in the RFP Documents.

1.12 PUBLIC INFORMATION. Information the Offeror provides to Texas Parks & Wildlife in response to this solicitation will be considered public and subject to disclosure under the Texas Public Information Act. However, certain information may be confidential and fall under an exception to disclosure under the Public Information Act such as proprietary information, trade secrets, and certain commercial and financial information where disclosure might cause "substantial competitive harm to your business". If the Offeror believes that his response 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 response contains confidential information

RFP for Construction Manager at Risk 2025_0528 Page 7 of 21 will not be sufficient to meet this requirement. If such documentation is not provided, Texas Parks and Wildlife Department will assume that all information provided in the response to this solicitation is releasable under the Act.

TPWD will submit a request for an opinion from the Office of the Attorney General prior to disclosing any document designated as “Confidential”. The Offeror shall then have the opportunity to assert its basis for non-disclosure to the Office of the Attorney General;

however, it is the sole responsibility of the Offeror to monitor such proceedings and make timely filings. TPWD strictly complies with all statutes, court decisions, and opinions of the Texas Attorney General with respect to disclosure of proposal information. TPWD or its employees shall not in any way be liable or responsible for the disclosure of any such records, or any part thereof, if disclosure is required under the Public Information Act or otherwise by law.

1.13 OFFER PERIOD. Proposals submitted shall constitute an offer for a period of ninety

(90) days or until selection is made by Owner, whichever occurs earlier. Once submitted, Proposals are irrevocable without withholding the bid security.

1.14 EVALUATION, NEGOTIATIONS, AWARD, AND EXECUTION OF CONTRACT

The CMR’s contract will be awarded following a two-step procedure using qualifications statements, request for additional information, and interviews.

Step 1, Request for Proposals (RFP), will result in Owner qualifying a maximum of five

(5) Offerors (shortlisted) who will be invited to participate in Step 2.

Step 2 will consist of Request for Additional Information as determined by Owner and interviews. Although this Request for Proposals (RFP) generally describes the criteria in Step 2, only shortlisted Offerors shall submit a response to Step 2 criteria.

Oral Interviews. If deemed necessary by TPWD, Oral interviews will be held after Step 2, to allow offerors the opportunity to highlight the strengths and unique aspects of their responses and provide answers to clarification questions TPWD may have regarding the responses and ask additional questions. The Offeror’s Project Manager designated in their response as being the primary “lead” individual coordinating the day-to-day project management during design and construction of the Project will facilitate and conduct the presentation made by the firm during the interview. Scoring from the evaluation criteria, Interviews and reference results will be the final determining factors in the Owner’s ranking of Offerors in order to determine the most qualified Offeror. The Owner will then rank the remaining “most” qualified Offerors and then begin negotiations with the highest-ranked Offeror.

The Evaluation Committee will submit a recommendation to the Owner’s Source Selection Authority (SSA) to authorize negotiation and execution of a contract with the top-ranked firm. If Owner is unable to negotiate a satisfactory contract with the top-ranked firm within 45 calendar days, Owner will formally end negotiations with that Offeror. The Owner will then proceed to negotiate a satisfactory contract with the next Offeror in the order of the selection ranking, until a contract is reached or all negotiations end, provided that Owner, in its complete discretion, may elect to extend the time for negotiations with any Offeror for an additional period of time.

NEGOTIATIONS AND AWARD. Giving priority in order of the ranking determined by the scores, TPWD will undertake to negotiate an agreement with the Offeror, which is evaluated as the highest scoring, deemed the best value to the State. The Evaluation Committee will determine if price negotiations are necessary and may negotiate final pricing per TGC, Chapter 2269, Subchapter D, §2269.254 (b), (c). If an agreement cannot be negotiated, the negotiations will be formally terminated and TPWD will attempt to negotiate an agreement with the next Offeror in order of scoring until an agreement is reached or the list is exhausted, upon which the solicitation will be cancelled and may be re-issued.

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After award of contract is made, the successful Offeror will be required to enter into a contract titled Exhibit A – Titled “Pro-Forma Construction Manager at Risk Agreement” and is included for reference. The entire content of the Offeror’s Response will become a part of the CMR’s executed Contract Documents. If the successful Offeror fails to accept the obligations set forth herein, the Owner reserves the right to cancel any award made.

Furthermore, any damages incurred by the Owner due to the Offeror’s failure to execute the contract may be subject to recovery from the selected Offeror.

The Owner will sign the Contract after award and execution of required Contract Documents by the selected Offeror. Contract will not be binding upon Owner until both parties have executed it.

1.15 HISTORICALLY UNDERUTILIZED BUSINESS SUBCONTRACTING PLAN (HSP)

In accordance with Texas Government Code, Sections 2161.181-182 and Title 34, Chapter 20, Subchapter B., 20.285 of the Texas Administrative Code (TAC), state agencies must make good faith effort to utilize Historically Underutilized Businesses (HUBs) in contracts for construction services, professional and consulting services and commodities contracts with an expected value of $100,000.00 or more.

In accordance with Texas Government Code §2161.252 and 34 Texas Administrative Code §20.14, the 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.

Due to the specific requirements of this Project Delivery Method, the HUB Subcontracting Plan (HSP) shall be divided into two distinct phases. The first phase HSP shall exclusively address Pre-Construction Services. Submission of Phase 1 HSP plans shall be mandatory for short-listed firms only and is to be provided during Step 2 of the Request for Proposal (RFP) process. Firms are directed to refer to Section Four, Criteria Item 3, HUB Subcontracting Plan (HSP) Documents for details pertaining to Step 2 requirements.

1.16 BONDS AND INSURANCE REQUIREMENTS

1.16.1 Bonds. As a part of Attachment B, Offeror is required to submit a letter from Offeror’s surety stating Offeror’s ability to acquire bonding as required in the full amount of the contract, either directly or through reinsurance, and ensuring commitment from its surety to provide such bonding. Refer to 1.02 – Cost of Work.

The specific bond coverage requirements applicable to this Project are set forth in Article 5 of the Uniform General Conditions and the Supplementary General Conditions, incorporated herein. The CMR must provide the bonds at the time of contract execution, unless CMR provides a security bond or other financial security acceptable to the Owner in the amount of Twenty-five thousand dollars and no cents ($25,000.00). Security Bonds must be submitted within ten (10) calendar days of signing the CMR Contract. In this situation, the CMR shall provide the performance and payment bonds at the time of the execution of executed GMP for Construction Phase services.

All bonds required by the Contract Documents shall be obtained from solvent surety companies that are duly licensed by the state of Texas and authorized to issue bond policies for the limits and coverages required by the Contract Documents. Payment and Performance bonds shall be in a form provided by the Owner. Owner reserves the right to reject a bond if the surety is not acceptable to TPWD.

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1.16.2 Insurance. Minimum insurance requirements are specified in Article 5, section 5.2 of the Uniform General Conditions, and Supplementary General Conditions, incorporated herein.

1.17 REJECTION OF PROPOSALS

1.17.1 Owner reserves the right to reject any or all Proposals. The following will be cause to reject a Proposal:

a. Proposal deemed “late” in accordance with 1.04

b. Proposal which are not signed by an individual empowered to bind the Offeror.

c. Proposal which are not accompanied by acceptable proposal guaranty, with Power of Attorney attached, or a letter certifying the Offeror’s ability to be bonded, from a surety company, if required.

d. More than one proposal for same Work from an individual, firm, partnership or corporation.

e. Evidence of collusion among Offerors.

f. Sworn testimony or discovery in pending litigation with Owner which discloses misconduct or willful refusal by contractor to comply with subject contract or instructions of Owner.

g. Failure to submit HSP at required phases.

h. Proposal received from an Offeror when its principals are currently debarred or suspended by Federal, State or other governmental agencies.

i. The Owner will not acknowledge or receive Proposals that are delivered by telephone, facsimile (fax), or electronic mail (e-mail).

1.17.2 All submitted Proposals become the property of Owner.

1.17.3 Proposals submitted shall constitute an offer for a period of ninety (90) days or until selection is made by Owner, whichever occurs earlier.

1.17.4 Proposal Duration: If TPWD has not made an award ninety (90) calendar days after proposals are opened Offerors may withdraw their proposals without prejudice; however, Offerors have the option to extend the time in which their proposals will be honored after this ninety (90) day period.

1.18 WITHDRAWAL OF PROPOSAL. A Proposal may be withdrawn in writing by Offeror, provided an authorized individual of the Offeror submits a written request to withdraw the Proposal prior to the time set for receipt of Proposals. Withdrawn Proposals may be resubmitted, with or without modifications, prior to the due date and time.

1.19 COSTS OF PREPARING THE PROPOSAL. All costs directly or indirectly related to preparation of a Proposal to this Solicitation or any oral presentation required to supplement and/or clarify a Proposal, which may be required by Owner, shall be the sole responsibility of the Offeror.

1.20 MINOR INFORMALITIES. Owner reserves the right to waive any minor informality in any proposal or solicitation procedure (a minor informality is one that does not affect the competitiveness of the Proposal).

1.21 TERMS AND CONDITIONS ATTACHED TO PROPOSAL. Any terms and conditions attached to a Proposal will not be considered unless specifically referred to in the Proposal.

1.22 FUNDING. This project will be funded by State and as such is subject to meet all requirements associated with federal and state jurisdiction as stipulated herein.

1.23 ACCEPTANCE OF EVALUATION METHODOLOGY. By submitting the statement of qualification in proposal to this RFP, the offeror accepts the evaluation process and

RFP for Construction Manager at Risk 2025_0528 Page 10 of 21 acknowledge and accept that determination of the “best value” firm will require subjective judgements by the Owner.

1.24 OWNER’S RESERVATION OF RIGHTS. The Owner may evaluate the Proposals based on the anticipated completion of all or any portion of the Project. The Owner reserves the right to divide the Project into multiple parts, to reject any and all Proposals and re-solicit for new Proposal or proposals, or to reject any and all Proposals and temporarily or permanently abandon the Project. Owner makes no representations, written or oral, that it will enter into any form of agreement with any offeror to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP.

1.25 ELIGIBLE OFFERORS. The Offerors must be a sole proprietorship, partnership, corporation or other legal entity or team that assumes the risk for construction, rehabilitation, alteration, or repair of a facility at the contracted price as a general contractor and provides consultation to TPWD regarding construction during and after the design of the facility. (This does not preclude an Offeror from using consultants.) The Owner will contract only with the individual firm or formal organization that submits a Proposal.

1.26 LEGAL STATUS OF OFFEROR. The Proposal and any subsequent supporting documents and the Contract must be executed in the Offeror’s full name and legal entity status by an authorized representative of the Offeror and accompanied by sufficient documentation. Sufficient documentation must clearly indicate not only the legal name and entity status of Offeror, but also the capacity and authority of the person signing on behalf of Offeror. Accordingly, a corporation must file its articles and bylaws, a limited liability company must file its certificate of organization and article of organization and regulations, and any Offeror must file a copy of any assumed name certificate, or such limited portion of such documents reasonably establishing signature authority.

1.27 INSPECTION, CONSTRUCTION MATERIALS TESTING AND BUILDING

COMMISSIONING. Owner will provide or contract for, independently of the CMR, the inspection services, the testing of construction materials engineering, building commissioning and the verification testing services necessary for acceptance of the facility by Owner.

Awarded CMR will be required to provide coordination of these services, as required by the Owner-approved Quality Assurance Plan.

1.28 TEXAS ETHICS COMMISSION INTERESTED PARTIES DISCLOSURE FORM

In accordance with 2252.908 of the Government Code, the awarded CMR Contractor must use the Texas Ethics Commissions Application to enter the required information on Form 1295. Awarded CMR Contractor shall print a copy of the completed form, which will include a certification of filing that will contain a unique certification number. An authorized agent of the business entity must sign the printed copy of the form.

The completed Form 1295 with the certification of filing must be submitted within ten (10) calendar days following notice of selection. Failure to timely meet this requirement may result in disqualification of the proposal. In such circumstances, TPWD shall be authorized to proceed with award to the next highest ranked Offeror.

Additional information can be found at:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

1.29 ACKNOWLEDGEMENTS. Each Offeror, in submitting a proposal to this RFP, understands and agrees that this RFP is predicated on the Owner’s anticipated requirements for this Project, and that the Owner has made no representation, written or oral, that any such requirements be furnished under a contract arising in connection w i th th i s RFP. Furthermore, each Offeror, in submitting a response to this RFP, understands and agrees that all costs incurred by the Offeror in connection with the entire selection process hereunder shall be at the sole risk and responsibility of the Offeror.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

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1.30 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 TPWD’s rules at TAC, Title 31, Part 2, Chapter 51, Subchapter L, Rule 51.350.

1.31 ORDER OF PRECEDENCE. In the event of conflicts or inconsistencies between this contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract, Attachments to the Contract, Request for Proposals, and Offeror’s Proposal to Request for Proposals.

1.32 VENDOR PERFORMANCE TRACKING SYSTEM. In evaluating proposals, the Owner will consider information related to past contract performance of an Offeror including but not limited to CPA’s Vendor Performance Tracking System (VPTS) available at:

http://www.txsmartbuy.com/vpts.

Prior work performance with the Owner and other state agencies or governmental entities which are familiar with a 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.

1.33 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 may be found at the link in 1.34 of this Section.

1.34 CONSTRUCTION CONTRACTING FORMS. The awarded offeror shall be required to utilize TPWD’s Construction Contracting Forms. These forms include but are not limited to the following:

Application for Payment FAQs OM Manual TOC Application for Payment voucher Payment Bond BABA Certification Performance Bond Consent of Surety Progress Payment Affidavit Contractor's Change Proposal Request for Information Contractor's Construction Admin Forms Remote Virtual Inspection Agreement Contractor's Change Proposal Checklist Substantial Completion/Final Inspection Prep List Final Payment Affidavit Non-Use Asbestos Uniform General Conditions including Supplementary General Conditions

Forms are available at:

https://tpwd.texas.gov/business/bidops/current_bid_opportunities/construction/contracting-forms/

End of Section One http://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=31&pt=2&ch=51&rl=350 http://texreg.sos.state.tx.us/public/readtac$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 http://www.txsmartbuy.com/vpts https://tpwd.texas.gov/business/bidops/current_bid_opportunities/construction/contracting-forms/ https://tpwd.texas.gov/business/bidops/current_bid_opportunities/construction/contracting-forms/

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SECTION TWO – SCHEDULE, PRE-PROPOSAL MEETING AND CRITERIA

2.01 ANTICIPATED SOLICITATION SCHEDULE. TPWD reserves the right to change the dates in the Schedule of Events set forth below, upon written notification to prospective Offerors through a posting of an addendum on the ESBD.

The solicitation process for this RFP 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 the Proposal Form, the duration shown on the Proposal Form shall govern).

TPWD issues RFP August 14, 2025

Pre-Proposal On-Line Video Meeting 2:00 PM; September 2, 2025

Pre-Proposal Site Visit (2 days available) 1:00 PM, September 3, 2025 9:00 AM, September 4, 2025

Questions Due: 12PM Noon, September 12, 2025

TPWD to issue response to Questions by Addenda (est.) September 19, 2025

PROPOSALS DUE FOR STEP 1: 2:00 PM, September 30, 2025

TPWD evaluates and short lists firms Week of October 6, 2025

Step 2 (short-listed firms only)

TPWD issues Step 2 - Request for Additional Information to Short-Listed Firms Week of October 13, 2025

TPWD receives responses to Step 2 - Request for Additional Information Week of October 27, 2025

TPWD evaluates Step 2 submissions Week of November 10, 2025

TPWD issues invitation to Short-listed firms to attend oral interviews Week of November 17, 2025

TPWD interviews short-listed firms Week of December 1, 2025

Notification to selected CMR Firm January 2026

TPWD awards CMR Contract February 2026

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2.02 ON-LINE PRE-PROPOSAL CONFERENCE. The Texas Parks and Wildlife Department will host an on-line pre-proposal conference via Microsoft® Teams on September 2, 2025 at 2:00 PM (CT) to discuss solicitation requirements.

Although the pre-proposal conference is not mandatory, bidders are strongly encouraged to attend as important information regarding proposal submittal requirements, and an overview of the Project will be discussed. Failure to consider conditions when preparing the proposal will not constitute grounds for additional compensation.

The on-line pre-proposal conference will be conducted using Microsoft® Teams Webinar. Registration is required to attend the pre-proposal conference using the following link. After registration, you will receive a confirmation email with a link to join the event.

https://events.gcc.teams.microsoft.com/event/b5dc528f-3bc6-4b05-9bde-

34c2991bd198@7864fda7-62ad-47ec-81ec-323266e3a35f

Following the on-line video conference, the PowerPoint™ presentation will be posted to the Electronic State Business Daily.

2.03 PRE-PROPOSAL SITE VISIT. TPWD is offering two (2) site visit options on separate days and times. Offerors may choose to attend the one that best fits their schedule. Please plan to arrive at the front gate of Powderhorn Wildlife Management Area (WMA) at the designated start time. Plan for a three (3) hour visit to allow adequate time to view the entire site.

Site Visit Options:

• Wednesday, September 3, 2025, at 1:00 PM (CT)

• Thursday, September 4, 2025, at 9:00 AM (CT)

Meeting Location:

Powderhorn WMA – Front Gate

Address: 10769 FM 1289, Port O’Connor, TX 77982

A site visit 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. Failure to consider site conditions when preparing the proposal will not constitute grounds for additional compensation.

2.04 DESCRIPTION OF CRITERIA AND ASSOCIATED POINTS. The intent of TPWD is to award a contract to the offeror whose qualifications and pricing are determined to be ‘best value’ to the state based on the published selection criteria and on its ranking evaluation.

When considering ‘best value’ and award, the Owner reserves the right to set a minimum requirement regarding the criteria listed below.

An evaluation committee will be established to evaluate proposals. The committee will include employees of TPWD and may include other impartial individuals who are not TPWD employees.

By submitting a Proposal in response to this RFP, Offeror accepts the solicitation and evaluation process and acknowledges and accepts that scoring of the Proposal may involve some subjective judgments by the evaluation committee.

https://events.gcc.teams.microsoft.com/event/b5dc528f-3bc6-4b05-9bde-34c2991bd198@7864fda7-62ad-47ec-81ec-323266e3a35f https://events.gcc.teams.microsoft.com/event/b5dc528f-3bc6-4b05-9bde-34c2991bd198@7864fda7-62ad-47ec-81ec-323266e3a35f

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The evaluation committee will evaluate and score each proposal based on the following criteria.

Item No. Description Max

Points

Criteria for Step 1 Attachment A Essential Clauses, Affirmations & Additional Contract

Requirements Pass/Fail

Attachment B - Item 1.1

Acceptable Documentation Pass/Fail

Attachment B - Item 1.2

Offeror’s Financial Capability & Bonding Information, including letter from Surety

Pass/Fail

Attachment B - Item 1.3

Offeror’s Qualifications: Work History and References

45 pts

Attachment B - Item 1.4

Offeror’s Qualifications: Pre-Construction Services 25 pts

Attachment B - Item 1.5

Offeror’s Qualifications: Construction Project Management Services

15 pts

Attachment B - Item 1.6

Offeror’s Ability to Perform Project per Owner’s Schedule

10 pts

Attachment B – Item 1.7

Quality Assurance 5 pts

Total Max Points for STEP 1 100 pts

Criteria for Step 2 (short-listed firms only) Attachment C Construction Manager at Risk Proposal Form 25 pts

Provide Methodology 25 pts

Attachment D HUB Subcontracting Plan Documents Pass/Fail

Total Max Points for STEP 1 and STEP 2 150 pts Oral Interviews, (if deemed necessary by the owner) 25 pts

End of Section Two

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SECTION THREE – EXECUTIVE SUMMARY

3.01 PROJECT HISTORY

Document Purpose

This document is intended to define the specific scope of preconstruction and construction services for the above-referenced Project.

Mission Statement

State Parks Division: To manage state parks and historic sites to conserve natural and cultural resources, provide recreational and educational opportunities, and foster an understanding of the diversity of Texas’ lands and heritage for all generations.

Project Background

This site has a long history of settlement, wartime land use, ranching, and keeping of exotics.

The land was acquired in 2014, totaling 17,351 acres with 2,286 acres dedicated to the new state park. This acquisition allows for conservation of one the largest tracts of untouched coastal prairie, dotted with fresh and saltwater wetlands along the Texas Gulf Coast. The Powderhorn State Park is located on approximately 7 miles of tidal bay and lake front and will provide public access for camping, hiking, fishing, kayaking, recreation, education, and conservation.

The new state park is home to a uniquely diverse range of habitats including coastal live oaks, prairie pothole wetlands, pimple mounds, and coastal tallgrass prairie. There are almost 900 acres of fresh and saltwater wetlands within the state park. These unique habitats support a wide array of neotropical migratory songbirds, wintering waterfowl, and shorebirds and waterbirds. Several federally or state listed rare, threatened, or endangered species occur or have some potential to occur within or near Powderhorn SP. The site contains historical significance with the potential La Salle original 1800's settlement, a family cemetery, and historic ranch house.

Considering the park's ecological and cultural significance, it is imperative to preserve and maintain the park's natural and cultural resources while granting access for varying park user groups. The project's scope should address visitor experiences, trails, education, and interpretation programs, while ensuring compliance with preservation guidelines and regulations where required. By carefully planning and executing the scope of work, we can contribute to the long-term preservation and enjoyment of Powderhorn State Park for future generations.

Project Site Location

Powderhorn State Park is located in Calhoun County, about 85 miles from Corpus Christi, and about 12 miles from Port O'Connor. The land is bordered by Powderhorn Wildlife Management Area. The coastline borders Matagorda Bay and Lake Powderhorn. The future park Headquarters will be approximately located at 28°29'52"N 96°27'45"W.

Powderhorn State Park - Texas Parks & Wildlife Department

Project Summary The scope of this project includes pre-construction services and construction of the new park development for Powderhorn State Park.

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The project will include but is not limited to:

1. Site Elements/ development

2. Utility Infrastructure - Wastewater, water, electrical, data, radio

3. Structures

4. Sustainable Systems

Day Use Facilities:

1. Visitor Complex: Visitor Center, Interpretive Center, Park Headquarters, & Restrooms

2. Recreation Hall

3. Historic Ranch House - Adaptive Re-use

4. Group Restrooms

5. Picnic Shelter (6-12)

6. Wildlife Viewing Structure

7. Wildlife Viewing Platforms (4)

8. Vault Toilets

9. Paddle Launch

10. Fishing Pier - Matagorda Bay

11. Fishing Pier - Powderhorn Lake

Camping Facilities:

12. RV Sites (24)

13. Mini Cabins (14)

14. Tent Camping & w/ shelter (12)

15. Group Site

16. Primitive Camping - Backcountry (6-12)

17. Primitive Camping - Kayak (2)

18. Restroom with showers

19. Vault Toilets (2)

Other Facilities:

20. Maintenance & Support building/ yard

21. Residences (2)

22. RV Staff Parking (3)

23. Camp Host RV Parking (6)

Site:

24. Paved Roadways ~ 9 miles

25. Gravel Roadways~ 3.5 miles

26. Trails~ 8-12 miles

27. Boardwalk Trails~ 2 miles

28. Main Parking Lots (3)

29. Existing Cemetery Repairs & Fencing

30. Park Entrance & Monument

31. Bulkhead Replacement

32. Shoreline Restoration

33. Nature Playscape

Utilities:

34. Water, wastewater, electrical, teledata, security, radio

Sustainability Systems:

35. Solar, solar hot water, green stormwater infrastructure (GSI), rain-water collection, EC charging stations, wind turbines

Note: Square footages, linear feet, miles, and quantities here are approximate. The Design Professional will evaluate and confirm program needs and requirements for each facility and its site.

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3.02 PROJECT SCOPE

PART ONE - PRECONSTRUCTION: Collaborate with TPWD and its Architects and Engineers (A/E) during the completion of construction documents including Schematic Design, 50% and 100% Design Development, 50% Construction Documents, 95% Construction Documents review and comments at 100% completion of Construction Documents. The Offeror’s expertise will be used to affect value engineering, constructability, construction phasing, establish a project schedule and ultimately determine the Guaranteed Maximum Price (GMP), within the limits established by the contract. The services include attending meetings, plan reviews, constructability reviews, and cost estimating.

PART TWO - CONSTRUCTION: In accordance with the approved schedule and GMP, Contractor shall facilitate bidding and selection of subcontractors in accordance with HUB requirements, and provide and/or secure and install all materials, labor, coordination, management and supervisory activities necessary to complete construction of the Project in accordance with the drawings, specifications and other contract documents that will be prepared by the A/E & TPWD.

End of Section Three

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SECTION FOUR –REQUIRED SUBMITTALS AND EVALUATION CRITERIA

Responses should be direct, succinct, and contain only pertinent information relevant to the response requirements listed in this RFP and should not include extemporaneous or ancillary information.

All submissions received for STEP 1 will be reviewed, evaluated and ranked. The Owner will qualify (short-list) no more than five (5) Offerors to be eligible to proceed to STEP 2 of the evaluation and selection process. Offerors shall provide responses to STEP 1 ONLY, by the Response due date and time stated herein.

Responses for STEP 1 must be received in a sealed container and labeled on the outside with the Offeror’s name, address, solicitation number, and Response due date and time.

Responses that are not submitted in sealed containers will not be considered. Each Container shall include the required information listed below.

4.01 Required Submittal (Step 1) must include the following:

o Attachment A - Essential Clauses, Affirmations & Additional Contract Requirements: Failure to sign and return the Essential Clauses, Affirmations & Additional Contract Requirements shall result in proposal being considered non-responsive.

o Attachment B - Acceptable Documentation and Contract Qualification Form:

Failure to complete and return this form shall result in proposal being considered non-responsive.

Evaluation Criteria can be found in Attachment B and is summarized below. Offeror shall carefully read and respond to all criteria found in the attachment. Offeror can provide additional pages to Attachment B, if needed.

Item 1.1: Acceptable Documentation Item 1.2: Offeror’s Financial Capability and Bonding Information o Letter from Surety – Ability to acquire required Bonding Item 1.3: Offeror’s Qualifications: Work History and References Item 1.4: Offeror’s Qualifications: Pre-Construction Services Item 1.5: Offeror’s Qualifications: Construction Project Management Services Item 1.6: Offeror’s Ability to Perform Project Per Owner’s Schedule Item 1.7 Quality Assurance

Failure to submit all required documents (including information found in Evaluation Criteria- Attachment B) with acceptable proposals may cause Offeror to be deemed “non-responsive” and disqualified.

The Offeror must submit one (1) original signed copy of their Response, stamped “ORIGINAL” and one (1) digital/electronic version on a Flash Drive in a sealed container.

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The following pages describe the criteria that will be used in Step 2 of this solicitation.

OFFERORS SHOULD NOT INCLUDE RESPONSES TO STEP 2.

SHORT-LISTED FIRMS WILL BE INVITED TO SUBMIT RESPONSES TO STEP 2

CRITERIA

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STEP 2

Five or fewer firms will be shortlisted based on evaluations of written responses to Step 1, Items 1 through 3 will be eligible for Step 2. Step 2 includes request for additional information.

Criteria for Step 2 is generally described below. OFFERORS SHOULD NOT INCLUDE

RESPONSES TO STEP 2 IN RESPONSE TO THIS REQUEST FOR PROPOSALS.

SHORT-LISTED FIRMS WILL BE INVITED TO SUBMIT RESPONSES TO STEP 2

CRITERIA

Responses for STEP 2 (Items 1 through Item 3) shall be submitted in a sealed container.

The container shall include a label which identifies the Offeror’s name, project number, and due date and time.

RESPONSE TO STEP 2 – REQUEST FOR ADDITIONAL INFORMATION must include:

o Item 1: Construction Manager at Risk Proposal Form / Attachment C 25 pts o Item 2: Methodology 25 pts o Item 3: Phase 1 HUB Subcontracting Plan Documents / Attachment D Pass/Fail

Item 1: Construction Manager at Risk Proposal Form 25 points

1.1 The Offer: The offer (as more fully set forth in Attachment C, Construction Manager at Risk Proposal Form) shall be comprised of three components listed below:

1.1.1 Fixed, Lump Sum for Pre-Construction Phase Fee for collaboration with

TPWD and its A/E during the pre-construction phase described in Section 3 of this RFP.

1.1.2 A Construction Phase Fee as a percentage of the estimated Cost of Work.

Such fee shall represent overhead and profit.

1.1.3 Construction General Conditions as a percentage of the estimated Cost of

Work. Detailed list is included in Attachment C.

Item 2: Methodology 25 points

2.1 Methodology: Provide a comprehensive plan describing the methodology and approach to translating the RFP Scope of Work into a fully executed and completed project. This plan shall clearly demonstrate the processes the Offeror will employ throughout preconstruction and construction phases. The submission must include, but is not limited to, the following components:

2.1.1 Processes and techniques used to understand the Scope of Work; Methodologies for identification and resolution of project challenges;

2.1.2 Describe your Constructability Program which includes but not limited, design review, value engineering, procurement strategies, and quality control;

2.1.3 Describe your methods for problem-solving, issue tracking, and change control during the Preconstruction Phase and Construction Phase;

2.1.4 Cost Management System, including reporting of budget and cost components to the owner;

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2.1.5 Developing cost estimates in coordination with the A/E;

2.1.6 Developing priorities for adjusting the scope of work to match available funding in coordination administration;

2.1.7 Maintaining schedules;

2.1.8 Risk Management Strategy, identify potential risks and outlines mitigation plans;

2.1.9 Coordination with Owners and third-party consultants/testing agents;

2.1.10 Maintaining and coordinating subcontractors throughout the entire term of the project;

2.1.11 Coordination with the Owner Representative to ensure there are no unexpected disruptions during construction;

2.1.12 Design Assist. This project may or may not include a design/preconstruction model that includes design assist. Provide your understanding, experience and approach to this model. Address the advantages and disadvantages to this approach and if implemented how cost integrity is maintained

2.1.13 Given the labor and subcontracting challenges that may be experienced at this project site, describe strategies to minimize this potential impact to cost and schedule.

Item 3: Hub Subcontracting Plan (HSP) Documents Pass/Fail

3.1 Each Offeror must complete and return one (1) original and one (1) electronic/digital version of Attachment D, Phase One (1) - HUB Subcontracting Plan (HSP), following the policy and utilizing the forms contained with the CMR included herein.

FAILURE TO COMPLETE AND RETURN WILL BE CAUSE FOR REJECTION. THE

CONTRACTOR RECEIVING AN AWARD MUST COMPLY WITH THE SPECIAL

REQUIREMENTS SPECIFIED HEREIN. For questions, call HUB Staff, 512/389-4784 or contact them by email at HUB@tpwd.texas.gov.

HSP Phase 1: TPWD will issue an initial HSP goal for the Preconstruction Phase of this Project and the Offeror shall submit with their Step 2 documents, an HSP meeting the Good Faith Effort (GFE) requirements. If the Preconstruction Phase HSP is not submitted with the Offeror’s documents, or the Offeror’s HSP does not pass GFE review, the Offeror’s Response will not be accepted for consideration.

HSP Change Request Phase 2: Additionally, TPWD has determined that subcontracting opportunities will arise during the Construction Phase of this project; however, the specific scopes and the magnitude of the Work for the Construction Phase cannot be determined until the Design has been sufficiently completed. Prior to entering into the Construction Phase, TPWD will establish an appropriate HSP goal and subcontracting opportunities, and the CMR shall submit an HSP Change Request detailing their GFE.

HUB Goals for this Project are 11.2 percent for heavy construction other than…