ESBD_370771_1722634504444_802-25-52366_Right of Way Mowing Services_WL.pdf

INVITATION FOR BID – SERVICES

SEND INVOICE TO: RETURN BIDS TO BIDDER MUST SIGN BELOW

Texas Parks and Wildlife Department ATTN: Accounts Payable 4200 Smith School Road Austin, Texas 78744

Purchasing.BidBox@tpwd.texas.gov, FAX 512-389-4677, or return to:

TPWD - Purchasing and Contracting

4200 Smith School Road Austin, Texas 78744

BID OPENING 2:00 PM August 22, 2024

REQUISITION NO. 802-25-52366

Page ________ of __________

By signing this bid, bidder certifies that if a Texas Address is shown as the address of the bidder, bidder qualifies as a Texas bidder as defined in Title 34 TAC Rule 20.32(68).

FAILURE TO MANUALLY SIGN THE BID ABOVE WILL DISQUALIFY BID.

AWARD NOTICE: The State reserves the right to make an award on the basis of low line-item bid, low total of line items, or in any other combination that will serve the best interest of the State and to reject any and all bid items in the sole discretion of the State.

Item Description Class/Item 912-19, 988-36 Quantity Unit of Measure

Unit Price

Texas Parks and Wildlife Department (TPWD) is soliciting bids to establish a blanket contract for right-of-way mowing services located approximately 2.5 miles north of Naples, Texas at the White Oak Creek Wildlife Management Area (WMA) per the attached scope of work dated August 2024.

Initial project of approximately 73.14 miles of boundary right-of-way and 0.3 acres of parking lots shall begin September 1,2024, or upon award, and must be completed no later than October 30, 2024. See Attachment A for map of service area.

NOTICE TO BIDDERS: Bidders are REQUIRED to attend a pre-bid site visit to inspect the work site to become familiar with the condition and equipment needed to perform the required services. Failure to attend the mandatory site visit will result in disqualification of bid response.

The mandatory pre-bid site visit will be held at 9:30 a.m. CT, Wednesday, August 14, 2024, at White Oak Creek WMA.

Reference Section 4, a).

Unit price shall be an ‘all-inclusive’ rate and include all costs associated with performing services described herein. TPWD will not pay separate line-item cost for mobilization, fuel, or other expenses.

1. Right of way mowing services for TWENTY-FOOT RIGHT OF

WAYS.

MILE

2. Right of way mowing services for EIGHT FOOT RIGHT OF

WAYS.

1 MILE $

AUTHORIZED SIGNATURE DATE

SHOW BID OPENING

DATE AND REQUISITION

NUMBER ON SEALED BID

ENVELOPE AND SHOW

RETURN ADDRESS OF FIRM

BIDDER AGREES TO

COMPLY WITH ALL

CONDITIONS OF THIS BID.

BID F.O.B. AGENCY RECEIVING ROOM

UNLESS OTHERWISE SPECIFIED BELOW

DESTINATION IF DIFFERENT THAN ABOVE

Texas Parks and Wildlife Department White Oak Creek Wildlife Management Area Omaha, TX 75571 (2.5 miles north of Naples, TX)

See instructions for Texas ID Number in General Terms & Conditions, Paragraph 1.10.

Bidder Must Fill in

TEXAS ID NUMBER

Name of Firm Street Address City–State-Zip Telephone No.

Email address

FAILURE TO

MANUALLY

SIGN WILL

DISQUALIFY BID

mailto:Purchasing.BidBox@tpwd.texas.gov

IFB No. 802-25-52366 Page 2 of 31

IFB_Services_042023

3. Right-of-way mowing services for 0.3 ACRES OF PARKING

LOTS.

MILE

Offered by a Historically Underutilized Business certified by CPA.

PREFERENCES: See Appendix 21 of the State of Texas Procurement and Contract Management Guide regarding preferences.

Check below to claim a preference under Title 34 TAC Rule 20.38

□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

□ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran

□ Services offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials or equipment

□ Products of persons with mental or physical disabilities

□ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

FOR FURTHER INFORMATION CONTACT PURCHASER:

Christina M. Brown, CTCD/CTCM – 903-920-2185 Email: purchasing.bidbox@tpwd.texas.gov mailto:purchasing.bidbox@tpwd.texas.gov

IFB No. 802-25-52366 Page 3 of 34

Solicitation 802-25-52366 Specifications for Right of Way Mowing Services

1) INTRODUCTION: Texas Parks and Wildlife Department (TPWD) is soliciting bids to establish a blanket contract for Right of Way (ROW) Mowing Services at White Oak Creek Wildlife Management Area (WMA) located approximately 2.5 miles north of Naples, Texas as per the following scope of work dated August 2024.

The initial project of approximately 73.14 miles of boundary line right of way and 0.3 acres of parking lots shall begin September 1, 2024, or upon award, and must be completed by no later than October 31, 2024.

TPWD anticipates the need for these services on an annual basis. However, additional services with the same general scope may be added on an ‘as needed’ basis.

2) TERM OF CONTRACT: Contract shall commence September 1, 2024, or upon date of award, and continue through August 31, 2026, unless sooner terminated under the terms of this contract.

a) Contract Renewals: This contract may be renewed for up to two (2) additional one (1) year periods, provided both parties agree in writing to do so, based on funds availability and vendor performance. Any extension shall be at the same terms and conditions, plus any approved changes. If the contract is extended under this option, the contractor shall be given written notification of the period in which the services shall occur after being determined by TPWD.

b) Contract Extensions: In the event that the contract, if any, resulting from the award of this IFB shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified products and/or services, TPWD may, with the written consent of the awarded Contractor, extend the contract for a period of time as may be necessary to permit TPWD continued supply of the identified products and/or services (not to exceed twelve month extension period). Any extensions shall be at the same terms and conditions, plus any approved changes.

c) The contract shall terminate upon full performance of all requirements contained in this contract, unless otherwise extended or renewed as provided in accordance with the contract terms and conditions.

3) PRICE ADJUSTMENT: An annual price escalation may be allowed each contract year with an approved justification upon mutual agreement of both parties. TPWD reserves the right to accept the proposed price, to propose an alternate price, or to terminate the contract for convenience.

4) MANDATORY PRE-BID SITE INSPECTION: Bidders are required to attend a mandatory pre-bid site visit to inspect the work site to become familiar with the condition and equipment needed to conduct the requested services. Bidders must sign in to document attendance on the date as referenced in subsection a) below. Failure to attend the mandatory site visit will result in disqualification of bid response.

a) The pre-bid site visit will be held on Wednesday, August 14, 2024; 9:30 a.m. CT, at White Oak Creek WMA.

b) TPWD Site Visit Contact is John Tromza, 903-601-0167, or john.tromza@tpwd.texas.gov

c) Note: Attendees should be prepared to tour the site on foot with proper clothing and footwear.

5) INITIAL PROJECT SCOPE OF WORK: Contractor shall begin work on the initial project on September 1, 2024, or upon award, and project completion date shall be no later than October 31, 2024. Ability to meet this project schedule may be a factor in determining award. Work can be conducted outside of traditional TPWD work hours, which are Monday through Friday between the hours of 8:00 AM to 5:00 PM C.T. Contractor shall provide work schedule to TPWD Project Manager upon award.

mailto:john.tromza@tpwd.texas.gov

IFB No. 802-25-52366 Page 4 of 34

a) Mowing / Shredding: Contractor shall provide all labor, equipment, materials, and any other necessary expenses to mow approximately 73.14 miles of boundary line right of way and three parking lots at 0.3 acres at White Oak Creek WMA. All other services performed under the terms of an awarded Contract shall be in strict accordance with the Terms and Conditions herein.

b) Boundary Lane: This work was last performed in September 2022. Boundary Lanes will consist of twenty foot (20’) wide right of ways (approximately 69.14 miles), and eight foot (8’) wide right of ways (approximately 4 miles), which are annually mowed and range from flat to steep terrain. Since the last time this service was performed, trees or tree limbs may have fallen into the areas to be mowed. Tree limbs extend out into these lanes by several feet in some places. Contractor shall be required to either run through the limbs or have equipment that will reach under limbs to mow the required area in these places.

c) Parking Lots: This work was last performed in September 2022. Three (3) parking lots totaling 0.3 acres will be mowed with the equipment used on the boundary lane and to the same height requirements. See Attachment A – Map of Service Area for locations.

d) Mowing Requirements:

i) Mowing height shall be approximately four to four- and one-half inches (4” to 4.5”). Mowing area shall begin four to six inches (4” to 6”) from fence.

ii) All fallen trees and/or tree limbs three inches (3”) in diameter or larger shall be removed from the lane and parking lots by the Contractor. Such debris may be placed in a convenient area adjacent, not parallel to the lane provided. Placement shall not obstruct trails, roadways, drainage paths, gates, or other features and shall not be within the lane itself.

iii) All trails routing around creeks, draws, or impassable terrain along the boundary line shall be mowed approximately eight feet (8’) wide.

iv) When entering creeks or gullies, vegetation along the edges or steep embankments may be cut either by hand or mower.

e) Soil Disturbance: All activities must be completed with minimal or no soil disturbance or damage to live standing trees. All ruts created by Contractor’s equipment shall be filled/repaired by Contractor. Contractor shall make every effort to ensure the survival of existing vegetation and trees surrounding the work area as described herein. Any undue damage is the responsibility of the Contractor.

6) EQUIPMENT:

a) Describe all equipment and vehicles to be used for this project in Exhibit B –Equipment List. Make sure to include dimensions/capacities of equipment, make, model, horsepower and intended use by bid item. For purposes of this bid evaluation TPWD assumes that the respondent’s equipment list includes ALL of the equipment that the respondent is dedicating to this project and has considered in this bid. All equipment, materials and parts not specifically mentioned which are necessary for the completion of work must be furnished by the vendor.

b) Cleaning of Equipment: Contractor shall be required to wash and clean equipment in accordance with TPWD’s onsite manager’s or designee’s instructions before accessing the property and before transportation from the property to prevent introduction and spread of unwanted exotic species. Washing and cleaning is required of equipment that will arrive from offsite to be transported from site during project, not if equipment that is left onsite during project.

c) All equipment shall be in safe working order and have appropriate safety equipment installed and intact per manufacturer recommendations.

d) Contractor will be permitted to leave heavy equipment on site per TPWD staff’s direction.

e) All other areas of TPWD Property are closed and off limits to the contractor and their employees. Only those personnel critical to the completion of this project will be allowed on the WMA. No pets will be allowed.

IFB No. 802-25-52366 Page 5 of 34

7) MINIMUM QUALIFICATIONS: A contract shall be awarded ONLY to a contractor who is experienced in providing the services contained herein. Awarded contractor shall meet the following minimum qualifications:

a) Shall have been engaged in the business of providing the specified services for a minimum of three (3) years.

Recent start-up businesses do not meet the requirements of this solicitation.

i) Note: A start up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has a history of expertise.

b) Complete Exhibit A – Company Profile, and Exhibit C - Past Projects with Corresponding References, and return with bid.

c) References must be verifiable by phone or email within ten (10) working days of bid evaluation.

9) CONTRACTOR REQUIREMENTS:

a) Contractor is responsible for all materials and equipment stored at the work site.

b) Contractor is responsible for all Contractor owned equipment and any financial responsibility associated therewith.

c) Contractor is responsible for the prompt removal of all debris, litter, and rubbish regularly throughout the project.

d) Contractor shall be solely responsible for the safe operation of all equipment used and for the safety of all personnel employed by or under contract to the Contractor.

e) Contractor shall be solely responsible for any damage attributable to Contractor’s operation. Contractor, at their own expense, shall repair any such damage immediately. The repair work is subject to acceptance by

TPWD.

i) Any and all damage to the fences, boundary lanes, and other improvements resulting from the

Contractors’ operations shall be repaired and/or replaced as soon as possible and prior to any payment for services/work performed. Alternatively, the Contractor may elect to have his invoices reduced by an amount equal to TPWD’S reasonable estimate of the cost required for repair and/or replacement.

Estimate for cost repairs are at the sole discretion of TPWD.

f) Contractor shall provide all labor, equipment, supervision, and any other necessary and incidental materials to complete the project.

g) Contractor is responsible for any and all clean-up caused by the operation.

h) Equipment must be inspected daily for signs of fuel or oil leaks; such leaks must be repaired promptly, and measures will be taken to prevent soil contamination. When servicing equipment on site, waste oil and other fluids shall be drained into containers and properly disposed of in accordance with appropriate waste disposal practices. The Contractor shall immediately clean up any spillage of waste materials.

i) Contractor shall be solely responsible for maintaining safety at all work sites. Contractor shall take all reasonable steps to ensure safety for both workers and the public, including traffic control.

j) Contractor may be permitted to leave heavy equipment on site per TPWD staff’s direction. TPWD will not be responsible for contractor equipment left on-site.

10) PERFORMANCE MEASURES:

a) Contractor will be responsible for the performance of any contractual obligations that may result from an award based on this IFB and shall not be relieved due to non-performance of any or all subcontractor(s). By

IFB No. 802-25-52366 Page 6 of 34 submitting a proposal, the Respondent commits to providing the goods and services required in the IFB. The successful Respondent(s) will be required to abide by TPWD policies, procedures, standards, and guidelines relevant to the execution of this contract.

b) TPWD will measure and evaluate the Contractor’s and/or subcontractor’s performance under the contract. If the Contractor or subcontractor does not meet any standards for deliverables and/or performance incentives (if applicable), TPWD may impose remedies if the Contractor or subcontractor(s) fails to meet their responsibilities as outlined in the IFB and the terms and conditions of the contract. All services and deliverables under the contract shall be provided at an acceptable quality level and in a manner consistent with acceptable industry standards, customs, and practices. In the event TPWD deems that the Contractor’s performance does not meet an acceptable quality level of service and deliverables, TPWD may seek or negotiate remedies with the Contractor. Remedies shall include negative vendor performance report, corrective actions plans, and withholding of payments due to poor performance and contract non-compliance.

c) TPWD will monitor vendor performance. Vendor performance will be reported in the Vendor Performance Tracking System (VPTS). Failure to provide services in accordance with requirements specified herein and the resulting contract(s) and adherence to the TPWD Terms and Conditions may be considered, by TPWD, as unsatisfactory performance by the contractor. An unsatisfactory performance may result in a negative vendor performance report, or cancellation of the contract or both.

11) TPWD RESPONSIBILITIES:

a) TPWD will designate a Project Manager upon contract award. The instructions of the TPWD Project Manager and/or designee shall be expressly followed by the Contractor and all employees thereof.

b) TPWD Project Manager shall have free access to Contractor’s supplies, equipment, and work at all times for inspection and audit.

c) TPWD will furnish no material, labor, equipment, or facilities unless otherwise provided for in this contract.

12) SAFETY: ALL EQUPMENT USED ON GOVERNMENT PROPERTY WILL BE IN ACCORDANCE WITH

O.S.H.A. REGULATIONS. ALL SAFETY EQUIPMENT WILL BE USED AT ALL TIMES WHEN OPERATING

EQUIPMENT ON GOVERNMENT PROPERTY

13) ADDITIONAL SERVICES: Where found to be in the best interest of TPWD, this contract may be amended in writing to provide additional services, provided that such additional services are within the original scope and intent of the contract. For example, additional clearing services are needed during the term of contract. In such cases, the contractor shall provide a written quotation for performing the additional work. TPWD contracting section will execute an amendment for additional services, no additional services shall be performed without a fully executed amendment to the contract.

14) QUANITIES: Quantities listed are projected order quantities. TPWD reserves the right to increase or decrease quantities prior to award depending on bid results and budget constraints. Unless this solicitation document states otherwise, the resulting contract award does not guarantee volume or commitment of funds. TPWD will only pay for actual goods received or services performed.

15) INSURANCE:

a) Contractor shall procure and maintain during the entire period of their performance under this contract the following minimum insurance.

Type of Insurance Each Occurrence/Aggregate Workers Compensation Statutory Employer's Liability Bodily Injury by Accident Bodily Injury by Disease

$500,000 Ea. Accident $500,000 Ea. Employee

IFB No. 802-25-52366 Page 7 of 34

Bodily Injury by Disease $500,000 Policy Limit

Commercial General Liability General Aggregate Applies Per Project

$500,000 Bodily Injury & Property Damage - Each Occurrence $1,000,000 Aggregate Limit $5,000 Medical Expense Each Person $500,000 Personal Injury & Advertising Liability $1,000,000 Products / Completed Operations Aggregate Limit

Automobile Liability All Owned, Hired and Non-Owned Vehicles $500,000 Combined Single Limit

Note: Workers’ Compensation is required by an "employer" which is defined as "a person who employs one or more employees." If respondent has no employees, such insurance is not required. If respondent claims they have no employees, TPWD will require a statement to that fact.

b) Policy must contain an additional insured endorsement: The State of Texas, acting through Texas Parks and Wildlife Department and its officers and employees, is listed as an additional insured and loss payee.

c) All Policies, other than Workers' Compensation, must contain an additional insured endorsement:

The State of Texas, acting through Texas Parks and Wildlife Department and its officers and employees, is listed as an additional insured and loss Payee.

i) Worker’s compensation insurance coverage must be provided for all workers at all tier levels and meet the statutory requirements of Texas Labor Code §401.011(44).

d) All Policies must include the following clauses as applicable:

i) Insurance shall not be cancelled, materially changed, or non-renewed except after thirty days’ notice has been given to TPWD.

ii) It is agreed that Contractor’s insurance shall be deemed primary and non-contributary with respect to any insurance or self-insurance carried by TPWD for any and all liability rising out of operations under this Contract with the Owner and shall cover cross-suits between insureds and must contain a severability of interest’s provision.

iii) All Policies must contain a waiver of subrogation.

e) Prior to the commencement of the job and not later than ten (10) days following award, the Contractor shall furnish to TPWD, for approval, a certificate of insurance as proof that the required insurance is in full force and effect.

f) The certificate of insurance shall be sent to: Christina M. Brown / Purchasing & Contracting, Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas 78744;

christina.brown@tpwd.texas.gov or may be faxed to 512-389-4677.

16) INQUIRIES:

a) CONTACT: All requests, questions, or other communications about this Solicitation shall be made in writing to

TPWD’s Purchasing Department, addressed to the following person:

Christina M. Brown, Procurement/HUB Program Specialist Phone 903-920-2185 Texas Parks & Wildlife Department Fax 512-389-4677

Smith School Road, Austin, Texas 78744 Purchasing.BidBox@tpwd.texas.gov

b) CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be faxed or e-mailed to the point-of-contact listed above. Questions should be submitted in the following format:

mailto:christina.brown@tpwd.texas.gov

IFB No. 802-25-52366 Page 8 of 34

a) Reference the Solicitation number; b) Reference the Section number, Page number, Paragraph number, and Text of passage being questioned; and c) Question.

c) 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 Respondent or their representative(s), except for the written inquires described in Section (b) above.

Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Respondent. Respondent shall rely only on written statements issued through or by TPWD’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

17) DELIVERY AND ACCEPTANCE:

a) Project Completion Delays: If delay is foreseen, Contractor shall give written notice to TPWD. Default in promised Completion without accepted reasons or failure to meet specifications authorizes TPWD to purchase services of this contract elsewhere and charge any increased costs for the services, including the cost of re-soliciting, to the Contractor.

b) Acceptance: All services performed will be subject to acceptance inspection upon completion. Acceptance inspection will not take more than five (5) working days, weather permitting. Vendor will be notified within this time frame of any units not delivered in full compliance with the purchase order specifications.

18) BID RESPONSE INSTRUCTIONS:

a) Bid Submission:

i) Submission Deadline: All bids shall be received, and time stamped at TPWD prior to 2:00 PM Central Time on the “Bid Opening” date specified on the IFB Cover Page (page 1). Late bids will not be considered under any circumstance and will be returned.

ii) General Format: Respondent shall submit bid response, signed dated and completed.

iii) Bid Delivery: Bids may be returned via email to Purchasing.BidBox@tpwd.texas.gov, mail, hand-delivery or fax to 512-389-4677.

iv) Bids returned by mail or hand delivery should be placed in a sealed envelope and correctly identified with IFB number, submittal deadline/opening date and time. Bids returned by fax should include a fax cover sheet correctly identified with IFB number, submittal deadline/opening date and time. It is the Bidder’s responsibility to appropriately mark and deliver the bids to TPWD by the specified date.

v) Respondents are responsible for all costs of bid preparation.

b) Bid Content: Below is a summary of required and requested information. Bids submitted without this information will be evaluated accordingly. TPWD reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

i) Bid Form: Respondent must submit the IFB form, signed, dated and completed. Failure to submit this information will result in disqualification of bid.

ii) Exhibit A: Company Profile

iii) Exhibit B: Equipment List

iv) Exhibit C: Past Projects with Corresponding References

IFB No. 802-25-52366 Page 9 of 34

c) Response Period: Responses shall be binding for a period of sixty (60) business days from bid due date. No other costs, rates, or fees shall be payable to the Successful Respondent unless expressly agreed upon in writing by TPWD.

19) EVALUATION AND AWARD:

a) An award will be made on an all or none basis. Only responses submitted by the bid opening, with required submittal documents and meeting qualifications will be considered. Failure to submit the required information may be cause for rejection of the bid response. TPWD reserves the right to waive informalities and minor irregularities in bids received.

b) TPWD reserves the right to consider respondent qualifications, equipment, facility, references; conduct studies and other investigations as necessary to evaluate any response; request additional relevant information;

disqualify bid based on unsatisfactory reference checks, reports, and records of service.

c) Award: TPWD will award a Contract to the respondent whose quote is considered to be the Best Value to

TPWD, price and other factors considered. The following factors may be used to evaluate bids:

i) Lowest Price

ii) Ability, Qualifications and Experience - Meeting or Exceeding the Requirement

iii) Delivery / Service Schedule

iv) Past Performance

20) INVOICING AND PAYMENT: The following procedures apply to invoicing and payment in addition to those listed in the General Terms and Conditions, Para. 9:

a) Contractor to submit invoice(s) to: Texas Parks & Wildlife, Accounts Payable, 4200 Smith School Road, Austin, Texas 78744.

b) Invoices must show:

i) Name of Contractor exactly as shown on the contract, Texas Payee Identification Number (PIN), and correct "Remit to" address

ii) Name of receiving entity

iii) Contract/purchase order number.

iv) Description, quantity, unit of measure, unit price, extended price of each item

v) Total price

vi) Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice

vii) Attach supporting documentation, if required

c) Payment:

i) Contractor will be paid for the services performed as invoiced. If another payment mechanism is agreed to by the parties, then contractor will be paid in accordance with the agreement approved by the parties.

ii) Payment normally will be made to the Contractor within 30 days after receipt of a properly prepared invoice or the receipt of and the acceptance of services ordered, whichever is later. State agencies are required by state law to pay properly submitted invoices within 30 days or the Contractor may charge a late payment fee established by law.

iii) Payments for services purchased with state appropriated funds will be made through state warrants issued by the Comptroller of Public Accounts. Payments by qualified ordering entities will be made through the entities’ local payment system.

IFB No. 802-25-52366 Page 10 of 34

d) Electronic payment may be available through some ordering entities. Contact Accounts Payable at 512-389- 4833 for additional information.

21) BIDDER AFFIRMATION

a) Bidder has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant connection with the submitted bid.

b) Pursuant to Texas Government code, Title 10, Subtitle D, Section 2155.004(a), the bidder has not received compensation for participation.

IFB No. 802-25-52366 Page 11 of 34

EXHIBIT A – COMPANY PROFILE

Respondent shall use this exhibit (or a reasonable facsimile) to clearly demonstrate how they meet the requirements set forth in this IFB. This form may be modified as needed to comply with the requirement to document company information. Failure to return this exhibit (or a reasonable facsimile) may result in the proposal being considered non-responsive.

Company Name:

Number Years in Business: Number of Employees:

Principal place of business (Corporate Headquarters):

Address:

City, State, Zip:

Facility responsible for servicing the contract:

Address:

City, State, Zip:

Contact Person regarding company’s proposal submission to the solicitation:

Name / Title:

Phone Number: Fax Number:

Email Address:

Personnel who will be responsible for the management and day-to-day operations of the services solicited in this IFB.

Name/Title:

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

__Yes __No If yes, explain.

Indicate if your company or any of its subsidiaries has been involved in litigation within last five years. If yes, explain.

__Yes __No If yes, explain.

Description of firm's background, history, and qualifications: (You may attach additional page for this section.)

IFB No. 802-25-52366 Page 12 of 34

EXHIBIT B – EQUIPMENT LIST

Respondent Name: _________________________________

Describe all equipment and vehicles to be specifically used for this project in the space provided below. Make sure to include dimensions/capacities of equipment, make, model, horsepower and intended use by bid item. For purposes of this bid evaluation TPWD assumes that the respondent’s equipment list, (submitted below) includes ALL of the equipment that the respondent is dedicating to this project and has considered in his bid. All equipment used off pavement must be low pressure rubber-tired equipment. Failure to return this exhibit (or a reasonable facsimile) may result in the proposal being considered non-responsive.

BID

ITEM

EQUIPMENT

TYPE MAKE & MODEL HORSE

POWER

DIMENSION OR

CAPACITY

# OF

UNITS

LEASE (L)

OR OWN (O)

IFB No. 802-25-52366 Page 13 of 34

EXHIBIT C – PAST PROJECTS WITH CORRESPONDING REFERENCES

Respondent Name: ____________________________________________

Respondents shall use this exhibit (or reasonable facsimile) to provide a minimum of three (3) references for jobs completed within the last five (5) years. The references shall illustrate recent experience successfully completing work of a similar nature and scope as the work described in this IFB. Attention: Do NOT use TPWD staff or past work performed for TPWD as a “reference” in Exhibit E. This form may be modified as needed to comply with the requirement to document company information. Failure to return this exhibit (or a reasonable facsimile) may result in the proposal being considered non-responsive. TPWD reserves the right to check references prior to award. Any negative responses received may be grounds for disqualification of the proposal.

REFERENCE 1:

Company Address:

Contact Name/Title/Phone:

Service Period:

Brief Description of Project

REFERENCE 2:

Contact Name/Title/Phone:

IFB No. 802-25-52366 Page 14 of 34

REFERENCE 3:

Contact Name/Title/Phone:

REFERENCE 4:

Contact Name/Title/Phone:

IFB No. 802-25-52366 Page 15 of 34

ATTACHMENT A – MAP OF AREA

IFB No. 802-25-52366 Page 16 of 34

GENERAL TERMS AND CONDITIONS

MARCH 2022

(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)

Any Contract awarded as a result of this solicitation will contain the General Terms and Conditions listed below in this Section. Subcontractors are also obliged to comply with these provisions.

1. DEFINITIONS: As used throughout this solicitation, the following terms have the meaning set forth below. All other terms have the meaning set forth in Webster’s II New College Dictionary.

1.1. Bidder: An individual or entity that submits a bid. The term includes anyone acting on behalf of the individual or entity that submits a bid, such as an agent, employee and representative. See Respondent.

1.2. Contractor: The individual, corporation, company, partnership, firm, or organization that has to furnish the materials and has to perform the work as stated in the solicitation.

1.3. ESBD: The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/esbd .

1.4. Gov’t Code: The Texas Government Code.

1.5. Owner: Texas Parks and Wildlife Department, an agency of the State of Texas.

1.6. Party/Parties: Either the TPWD and Respondent separately or collectively.

1.7. Respondent: Any person or Vendor who submits a Bid/Proposal/Offer in response to this solicitation.

1.8. Services: Includes the use of labor, materials, facilities, equipment, and any other need that is necessary or incidental to the successful completion of the Contract.

1.9. Subcontractor: Any supplier, distributor, Contractor, person, or firm furnishing to the Contractor, materials or services necessary or incidental to the performance of the Contract between TPWD and Contractor.

1.10. TAC: The Texas Administrative Code, which is the publication for administrative rules.

1.11. Texas Identification Number: A unique 11-digit number assigned by the Texas Comptroller of Public Accounts.

When a Payee first contracts with a state agency, that Payee must provide either a federal Employer Identification Number (EIN) or a Social Security number (SSN). The Texas Identification Number (TIN) is based on this number. (Note: If Respondent does not have a TIN, or does not know their TIN, they may list their EIN or SSN on the “Texas Identification Number” line of the Vendor Information Block of their RFP, RFO, IFB or RFQ response.)

1.12. TPWD: Texas Parks and Wildlife Department acting on behalf of the State of Texas.

2. SPECIFICATIONS:

2.1. The goods/services provided shall be in accordance with the purchase specifications herein. TPWD will decide the answers to all questions that may arise as to the interpretation of the specifications and the quality, or acceptability of goods/services provided. TPWD will decide the rate of progress of the work and the acceptable fulfillment of the goods/service on the part of the Contractor.

2.2. Catalogs, brand names or manufacturer's references are descriptive only, and indicate type and quality desired.

Bids/Proposals on brands of like nature and quality will be considered unless advertised under Texas Gov't Code §2155.067. If the Respondent is offering brands other than the references, response should show manufacturer, brand or trade name, and other description of product offered. If Respondent is offering brand(s) other than brand(s) specified, illustrations and complete description of product offered are requested to be made part of the bid. Failure to take exception to specifications or reference data will require Respondent to furnish specified brand names, numbers, etc.

2.3. Unless otherwise specified, items shall be new and unused and of current production.

2.4. Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the Respondent, on request, at Respondent's expense. Each http://www.txsmartbuy.com/esbd

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2.5. The State will not be bound by any oral statement or representation contrary to the written specifications of this Solicitation.

2.6. Manufacturer's standard warranty shall apply unless otherwise stated in the solicitation.

3. AWARD OF A PURCHASE ORDER: Standard Purchase Order Terms and Conditions apply. If a conflict exists between the standard Purchase Order Terms and Conditions and specific language in this solicitation, the language in the solicitation shall prevail.

3.1. A response to a solicitation is an offer to Contract with TPWD based on the terms, conditions and specifications contained in the solicitation. Responses do not become Contracts unless and until they are accepted through an authorized TPWD designee by issuance of a Purchase Order.

3.2. This procurement will be conducted in accordance with the State Purchasing Act, Title 10, Subtitle D, Chapters 2151 through 2177 of the Texas Gov’t Code (TGC) and TPWD rules. Any Contract resulting from this procurement shall consist of one (1) document. This document will contain all of the rights and duties of the parties extracted from the relevant terms and conditions of this solicitation (including its attachments, exhibits, supplements, and addenda); the successful Contractor’s response; any TPWD request for a Best and Final Offer; and any successful Contractor’s Best and Final Offer, if applicable.

3.3. Best Value – TPWD will be the sole judge of best value. Award will be based on Best Value criteria and may include, but is not limited to:

3.3.1. Best meets the goals and objectives of the solicitation as stated above.

3.3.2. Best meets the quality and reliability of the proposed services.

3.3.3. Effect of the proposed solution on agency productivity.

3.3.4. Provides the most customer-focused solution that will best meet the needs of the public.

3.3.5. Experience in successfully providing services in this solicitation.

3.3.6. Past Performance: A Respondent’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. Respondents may fail this selection criterion for any of the following conditions:

• The Vendor has a score less than C or Legacy Unsatisfactory in the Vendor

Performance System,

• Currently under a Corrective Action Plan through the Texas Comptroller of Public

Accounts (CPA),

• Having repeated negative Vendor Performance Reports for the same reason,

• Having Purchase Orders that have been cancelled in the previous 12 months for non-performance (i.e., late delivery, etc.).

3.3.7. Contractor performance information is located on the CPA web site at: www.txsmartbuy.com/vpts.

CPA may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.115), CPA may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of Contracts. Any such investigations shall be at the sole discretion of CPA, and any negative findings, as determined by CPA, may result in non- award to the Respondent.

4. UNIT PRICES: Respondents must price per unit shown. Unit prices shall govern in the event of extension errors.

5. FREIGHT: Quote FOB destination, freight prepaid and allowed unless otherwise stated within the specifications.

6. DELIVERY:

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6.1. Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates Respondent to deliver in 14 calendar days. Unrealistic delivery promises may cause solicitation to be disregarded.

6.2. If delay is foreseen, Contractor shall give written notice to the TPWD. Contractor must keep the TPWD advised at all times of status of order.

6.3. Default in promised delivery (without accepted reasons) or failure to meet specifications authorizes the TPWD to purchase supplies elsewhere and charge full increase, if any, in cost and handling to defaulting Contractor.

6.4. Substitutions: No substitutions permitted without written approval of TPWD.

6.5. Delivery shall be made during normal working hours only unless prior approval has been obtained from ordering agency. Normal working hours are 8:00 AM until 5:00 PM Monday through Friday except State and National holidays.

7. TESTING AND INSPECTION:

7.1. TPWD may test and inspect goods and services purchased under the Contract to ensure compliance with the specifications of this solicitation and the Contract. TPWD may also test and inspect goods and services before they are purchased under the Contract. Authorized TPWD personnel shall have access to the Respondent's place of business for the purpose of inspecting the goods. To the extent practical, TPWD inspections will not disrupt the Respondent's daily operations. Tests shall be performed on samples submitted with the Bid/Proposal or on samples taken from regular shipments. All costs of testing and inspection shall be borne by the Respondent. In the event the goods tested fail to meet or exceed all conditions and requirements of the solicitation and Contract, the goods will be rejected in whole or in part, at the State's option, and returned to the Respondent or held for disposition at the Respondent's expense. Latent defects may result in cancellation of the Contract at no expense to the state.

7.2. If material fails to meet specifications, the Respondent will be notified by fax, mail, or e-mail. The Respondent will have ten (10) working days after receipt of the notification to remove the rejected material from state property. Material will be removed at the Respondent’s expense. Material not removed in the allotted time period will be disposed by TPWD. The Respondent will be charged for all disposable expenses conducted by

TPWD.

8. CHANGES: TPWD may at any time, by a written order, make changes within the general scope of this Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the services under this Contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the Contract price or time of performance or both and the Contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change, provided, however, that TPWD, if it decides that the facts justify such action, may receive and act upon such claims asserted at any time prior to final payment under this Contract. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled "Dispute Resolution."

9. INVOICING AND PAYMENT:

9.1 Invoices: In order to receive payment under the Contract, the Contractor must submit an original invoice to TPWD, which will be designated in the Purchase Order as the "Bill To" address. To be a proper invoice that may be accepted and paid, the invoice must include the following information and/or attachments: (1) Name and address of the Contractor. (2) The Contractor's Texas Identification Number (TIN). (3) The Contractor's invoice remittance address. (4) The Purchase Order number authorizing the delivery of products or services.

(5) A description of what the Contractor delivered, including, as applicable, the time period, serial number, unit price, quantity, and total price of the products and services. If the invoice is for a lease, the Contractor must also include the payment number (e.g., 1 of 36).

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9.2 Disputed Invoices: As stated above, the Contractor will receive notice of an error in an invoice submitted for payment by not later than the 21st day after the date the invoice was received by the TPWD. If an invoice dispute is resolved in favor of the Contractor, the Contractor is entitled to receive interest on the unpaid balance of the invoice, beginning on the date the invoice became overdue, pursuant to Gov't Code §2251.

021. If a dispute is resolved in favor of the TPWD, the Contractor shall submit a corrected invoice that must be paid in accordance with Section 2251.021. The unpaid balance accrues interest if the corrected invoice is not paid by the appropriate date.

9.3 Time and Manner of Payment: Pursuant to Texas Gov’t Code Chapter 2251, payment by TPWD is overdue on the 31st day after the later of: (1) the date the TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date the TPWD receives the invoice for the goods or service. Payment by a political subdivision Customer whose governing body meets only once a month or less frequently is overdue on the 46th day after the later event of: (1) the date TPWD receives the goods under the Contract; (2) the date the performance of the service under the Contract is completed; or (3) the date TPWD receives the invoice for the goods or service.

10. PATENTS, TRADEMARKS, OR COPYRIGHTS: Respondent agrees to defend and indemnify the TPWD and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the TPWD's or the State's use of any good or service provided by the Respondent as a result of this solicitation.

11. PROHIBITION ON LOBBYING: The Respondent shall comply with the provisions of a federal law known generally as the Lobbying Disclosure Act, 2 U.S.C. §1601 et seq. By submitting a Bid/Proposal, the Respondent certifies that it shall not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal Contract, grant, or any other award covered by 31 U.S.C. §1352. It also certifies that the Respondent shall disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award by completing and submitting Standard Form LLL.

12. ANTI-TRUST AND ASSIGNMENT OF CLAIMS: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, firm, partnership or individual engaged in the same line of business as the Respondent. The successful Contractor hereby assigns to TPWD, any and all claims for overcharges associated with any contract resulting from this solicitation which arise under the antitrust laws of the United States 15 U.S.C.A., Section 1, et seq. (1973), and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

13. DEBTS AND DELINQUENCIES: As required by Gov't Code §2252.903, the Respondent agrees that any payments due under the Contract shall be directly applied towards eliminating any debt or delinquency is has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

14. DISPUTE RESOLUTION:

14.1. The dispute resolution process provided for in Chapter 2260 of Texas Gov’t Code and TPWD regulations shall be used by TPWD and the Respondent to resolve all disputes arising under this Contract. The Contractor shall comply with such rules, as revised from time to time.

14.2. If the Contractor's claim for breach of Contract cannot be resolved informally with TPWD, it shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, the Contractor shall submit written notice, as required by Chapter 2260. The notice shall also be given to the individual identified in the Contract for receipt of notices. Any informal resolution efforts shall in no way modify the requirement or toll the timing of the formal written notice of a claim for breach of Contract required under § 2260.051 of Texas Gov’t Code. Compliance by the Contractor with

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Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter 2260.

14.3. The contested case process provided in Chapter 2260 is the Contractor's sole and exclusive process for seeking a remedy for an alleged breach of Contract by TPWD if the Parties are unable to resolve their disputes as described above.

14.4. Compliance with the contested case process provided in Chapter 2260 is a condition precedent to seeking consent to sue from the Legislature under Chapter 107, Civil Practices and Remedies Code. Neither the execution of the Contract by TPWD nor any other conduct of any representative of TPWD relating to the Contract shall be considered a waiver of sovereign immunity to suit.

14.5.…