ESBD_442575_1754077341120_SUBMISSION FORM-ECACR FORM.pdf

IFB Construction Essential Clauses, Affirmations & Contract Requirements 2025_0609 Page 1 of 11

ESSENTIAL CLAUSES, AFFIRMATIONS & ADDITIONAL CONTRACT REQUIREMENTS

SIGN AND SUBMIT WITH BID

ANTIQUITIES

Bidder shall take precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological, or historical significance. No objects of this nature shall be disturbed without written permission of Owner and the Texas Historical Commission. When such objects are uncovered unexpectedly, the Bidder shall stop all Work in close proximity and notify the ODR and the Texas Historical Commission of their presence and shall not disturb them until written permission and permit to do so is granted. All primitive rights and antiquities, as defined in Chapter 191, Texas Natural Resource Code, discovered on the Owner’s property shall remain property of State of Texas, the Texas Historical Commission. It is determined by Owner, in consultation with the Texas Historical Commission that exploration or excavation of primitive records or antiquities on Project Site is necessary to avoid loss, Bidder shall cooperate in salvage work attendant to preservation.

CYBERSECURITY TRAINING

Bidder shall ensure that any Bidder employee or subcontractor employee who has access to a state computer system or database shall complete a cybersecurity training program certified under Section 2054.519 of the Texas Government Code. Such training is required to occur during the contract term and the renewal period. Bidder shall provide Owner with verification of the completion of the requisite training.

DAMAGE TO GOVERNMENT PROPERTY

In the event of loss, destruction or damage to any Owner or State of Texas government-owned, leased, or occupied property and equipment by Bidder or Bidder’s employees, agents, subcontractors, suppliers, including any delivery or cartage company, in connection with any performance pursuant to the contract, Bidder shall be liable to Owner and the State of Texas the full cost of repair, reconstruction, or replacement of the lost, destroyed or damaged property. Bidder shall notify the Owner in writing of any such damage within one (1) calendar day. Bidder is responsible for the removal of all debris resulting from work performed under the contract. Bidder will reimburse Owner and the State of Texas for such property damage within ten (10) calendar days after Bidder’s receipt of Agency’s notice of amount due.

ENERGY POLICY AND CONSERVATION ACT

Bidder acknowledges and agrees to comply with the mandatory standards and policies related to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat.871).

MANUFACTURED IRON OR STEEL PRODUCTS

Bidder acknowledges that TGC, Title 10, Subchapter F, §§ 2252.201-2252.205 requires that all iron or steel products produced through a manufacturing process used in this project must be produced in the United States. By signing this bid, Bidder certifies that its bid price represents full compensation for compliance with the requirements of TGC, Title 10, Subchapter F, §§ 2252.201-2252.205.

NAME CHANGES AND SALES

If the Bidder changes its name or is sold to another entity, it must provide written notification to Owner. The Bidder, in its notice, shall describe the circumstances of the name change or sale, state its new name, provide the new Tax Identification Number, and describe how the change will impact its ability to perform the Contract. If the change entails personnel changes for personnel performing the responsibilities of the Contract for the Bidder, the Bidder shall identify the new personnel and provide resumes to Owner, if resumes were originally required by the Solicitation. Owner may request other information about the change and its impact on the Contract and the Bidder shall supply the requested information within five (5) working days of receipt of the request. Owner may terminate the Contract due to a sale of or change to the Bidder that materially alters the Bidder’s ability to perform under the Contract. The Owner has the sole discretion to determine if termination is appropriate.

NON-DISCRIMINATION

Bidder acknowledges it is subject to Title VI of the Civil Rights Act of 1964, Section 504 or Rehabilitation Act of 1973, IFB Construction Essential Clauses, Affirmations & Contract Requirements 2025_0609 Page 2 of 11

Title II of the Americans with Disabilities Act of1990, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and offers all persons the opportunity to participate in programs or activities regardless of race, color, national origin, age, sex, or disability. Further, it is agreed that no individual will be turned away or otherwise denied access to or benefit from any program or activity that is directly associated with a program on the basis of race, color, national origin, age, and sex (in educational activities) or disability. Bidder shall ensure that this clause is included in all subcontracts.

PATENTS, TRADEMARKS OR COPYRIGHTS

Bidder agrees to defend and indemnify the Owner and State from claims involving infringement or violation of patents, trademarks, copyrights, trade secrets, or other proprietary rights, arising out of the Owner’s or the State’s use of any good or service provided by the Bidder as a result of this solicitation.

BID ACCEPTANCE

Bidder agrees that when written notice of bid acceptance is furnished by the Owner within sixty (60) calendar days after the bid opening date, the undersigned will, within the stipulated time, execute and deliver the contract and all required bonds, certificates of insurance, submittals, and Form 1295 to the Owner. Failure to timely provide the insurance certificate, bonds, and submittals shall be grounds for disqualification of bid and forfeiture of bid security. In such circumstances, TPWD shall be authorized to proceed with award to the next responsive, and responsible low bidder.

RESERVATION OF RIGHTS

Bids will be evaluated, and determination of the award will be based on the Bidder’s competency, responsiveness and responsibility. OWNER RESERVES THE RIGHT TO AWARD ANY COMBINATION OF BID ITEMS OR TO REJECT

ALL BIDS.

STATE AND FEDERAL LABOR LAWS

Bidder acknowledges and agrees that it shall comply with all labor laws established by State and Federal statutes in accordance with Uniform General Conditions, Article 2.

STATE TAXATION, TEX TAX CODE, CHAPTER 171

Bidder represents and warrants that, the offeror is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code. Making a false statement as to corporate tax status is a material breach of contract.

ANTITRUST AFFIRMATION, TEX GOVT CODE § 2155.005

Bidder represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither the offeror, nor the firm, corporation, partnership, or institution represented by the offeror, or anyone acting for such firm, corporation, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the Federal antitrust laws, or (2) communicated directly or indirectly the contents of this bid to any competitor or any other person engaged in the same line of business as the bidder.

ASSIGNMENT, TEX GOVT CODE § 2262.056(B)

Bidder shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from the Owner. Any attempted assignment in violation of this provision is void and without effect.

BUY TEXAS AFFIRMATION, TEX GOVT CODE § 2155.4441

In accordance with Section of the Texas Government Code, Bidder agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

CHILD SUPPORT OBLIGATION AFFIRMATION, TEX FAM CODE § 231.006, 231.302

Under Section 231.006 of the Family Code, the Bidder certifies that the individual or business entity named in this bid is not ineligible to receive the specified payment and acknowledges that the contract may be terminated, and payment may be withheld if this certification is inaccurate in addition to other remedies set out in 231.006(f).

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CONTRACTING INFORMATION RESPONSIBILITIES, TEX GOVT CODE § 552.372

Bidder represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Bidder agrees to (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the Owner for the duration of the contract, (2) promptly provide to the Owner any contracting information related to the contract that is in the custody or possession of the Bidder on request of the Owner, and (3) on termination or expiration of the contract, either provide at no cost to the Owner all contracting information related to the contract that is in the custody or possession of the Bidder or preserve the contracting information related to the contract as provided by the records retention requirements applicable to the Owner Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552 of the Government Code, may apply to the contract and the Bidder agrees that the contract can be terminated if the Bidder knowingly or intentionally fails to comply with a requirement of that subchapter.

COVID-19 VACCINE PASSPORT PROHIBITION, TEX HEALTH & SAFETY CODE § 161.0085

Bidder certifies that it does not require its customers to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Bidder’s business.

Bidder acknowledges that such a vaccine or recovery requirement would make Bidder ineligible for a state-funded contract.

CRITICAL INFRASTRUCTURE AFFIRMATION, TEX GOVT CODE § 2275.0102

Pursuant to Government Code Section 2275.0102, Respondent certifies that neither it nor its parent company, nor any affiliate of Respondent or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2275.0103, or (2) headquartered in any of those countries.

DEALINGS WITH PUBLIC SERVANTS AFFIRMATION, TEX GOVT CODE § 572.051(A)(1), 2155.003, 34 TAC § 20.157 Pursuant to Section 2155.003 of the Texas Government Code, Bidder represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the contract.

DEBTS AND DELINQUENCIES AFFIRMATION, TEX GOVT CODE § 2252.903

Respondent agrees that any payments due under the contract shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support.

DISASTER RECOVERY PLAN, TEX GOVT CODE § 441.190, 13 TAC § 6.94(A)(9)

Upon request of Owner, Bidder shall provide the descriptions of its business continuity and disaster recovery plans.

DISCLOSURE OF PRIOR STATE EMPLOYMENT, TEX GOVT CODE § 2254.033

In accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Bidder certifies that it does not employ an individual who has been employed by Agency or another agency at any time during the two years preceding the submission of the Bid or, in the alternative, Bidder has disclosed in its Bid the following: (i) the nature of the previous employment with Agency or the other agency; (ii) the date the employment was terminated; and

(iii) the annual rate of compensation for the employment at the time of its termination.

DISPUTE RESOLUTION, TEX. CIV. PRAC. & REM. CODE CH 114

Subject to Texas Government Code, Section 2260.002, the dispute resolution process provided for in Chapter 2260 of the Texas Government Code and set forth below in subsections (a)-(d) shall be used by the parties to attempt to resolve all disputes arising under this contract. In accordance with the Texas Civil Practice and Remedies Code, Section 114.005, the parties agree claims encompassed by Texas Government Code, Section 2260.002(3) and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below in subsections (a)- (d).

(a) Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012 and any other statute or applicable law, if the Bidder’s claim for breach of contract cannot be resolved by the parties in the ordinary course of business, Bidder may make a claim against Owner for breach of contract and the Owner may assert a counterclaim against the Bidder as is contemplated by Texas Government Code, Chapter 2260, Subchapter B. In such event, Bidder must provide written notice to Owner of a claim for breach of the contract not later than the 180th day after the date of

IFB Construction Essential Clauses, Affirmations & Contract Requirements 2025_0609 Page 4 of 11 the event giving rise to the claim. The notice must state with particularity: (1) the nature of the alleged breach; (2) the amount the Bidder seeks as damages; and (3) the legal theory of recovery.

(b) The chief administrative officer, or if designated in the contract, another officer of the Owner, shall examine the claim and any counterclaim and negotiate with the Bidder in an effort to resolve them. The negotiation must begin no later than the 120th day after the date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, Section 2260.052.

(c) If the negotiation under paragraph (b) above results in the resolution of some disputed issues by agreement or in a settlement, the parties shall reduce the agreement or settlement to writing and each party shall sign the agreement or settlement. A partial settlement or resolution of a claim does not waive a party’s rights under this contract as to the parts of the claim that are not resolved.

(d) If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day after the date the claim is filed with Owner, unless the parties agree in writing to an extension of time, the parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is the Bidder’s sole and exclusive process for seeking a remedy for an alleged breach of contract by the Owner if the parties are unable to resolve their disputes as described in this section.

(e) Nothing in the contract shall be construed as a waiver of the State’s or the Owner’s sovereign immunity. This contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under this contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. Owner does not waive any privileges, rights, defenses, or immunities available to Owner by entering into this contract or by its conduct, or by the conduct of any representative of Owner, prior to or subsequent to entering into this contract.

(f) Compliance with the dispute resolution process provided for in Texas Government Code, Chapter 2260, subchapter B and incorporated by reference in subsection (a)-(d) above is a condition precedent to the Bidder: (1) filing suit pursuant to Chapter 114 of the Civil Practices and Remedies Code; or (2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 of the Texas Government Code.

ENERGY COMPANY BOYCOTTS, TEX GOVT CODE § 2276.002

Bidder represents and warrants that: (1) it does not, and will not for the duration of the contract, boycott energy companies or (2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Bidder shall promptly notify Owner.

ENTITIES THAT BOYCOTT ISRAEL, TEX GOVT CODE § 2271.002

If Bidder is required to make a certification pursuant to Section 2271.001 of the Texas Government Code, Bidder certifies that Bidder does not boycott Israel and will not boycott Israel during the term of the contract resulting from this solicitation.

If Bidder does not make that certification, Bidder must indicate that in its bid and state why the certification is not required.

E-VERIFY PROGRAM, EXECUTIVE ORDER NO. RP-80, TEX. ATT’Y GEN. OP. NO. KP-70 (2016) Bidder certifies that for contracts for services, Bidder shall utilize the U.S. Department of Homeland Security’s E-Verify system during the term of the contract to determine the eligibility of: 1. all persons employed by Bidder to perform duties within Texas; and 2. all persons, including subcontractors, assigned by Bidder to perform work pursuant the contract within the United States of America. Bidder shall provide, upon request of Texas Parks and Wildlife Department, an electronic copy of the confirmation or tentative non-confirmation screen containing the E-Verify case verification number for attachment to the Form I-9 for the three most recent hires that match the criteria above, by the Bidder, and Bidder’s subcontractors, as proof that this provision is being followed. If it is determined that Bidder has violated the certifications set forth in this Section, then (1) Bidder shall be in breach of contract, (2) TPWD shall have the option to terminate the contract for cause without prior notice, and (3) in addition to any other rights or remedies available to TPWD under the contract, Bidder shall be responsible for all costs incurred by TPWD to obtain substitute services to replace the terminated Contract.

EXCESS OBLIGATIONS PROHIBITED, TEX CONST ART III § 49A, TEX CONST ART VIII § 6

Any contract resulting from this solicitation is subject to termination or cancellation, without penalty to Owner, either in whole or in part, subject to the availability of state funds. Owner is a state Owner whose authority and appropriations are subject to actions of the Texas Legislature. If Owner becomes subject to a legislative change, revocation of statutory

IFB Construction Essential Clauses, Affirmations & Contract Requirements 2025_0609 Page 5 of 11 authority, or lack of appropriated funds that would render either Owner’s or Bidder’s delivery or performance under the contract impossible or unnecessary, the contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, Owner will not be liable to Bidder for any damages, that are caused or associated with such termination, or cancellation, and Owner will not be required to give prior notice.

EXCLUDED PARTIES, EXECUTIVE ORDER NO. 13224

Bidder certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States Department of the Treasury, Office of Foreign Assets Control.

EXECUTIVE HEAD OF A STATE AGENCY AFFIRMATION, TEX GOVT CODE § 669.003

Under Section 669.003 of the Texas Government Code, Bidder certifies that it does not employ, or has disclosed its employment of, any former executive head of the Owner. Bidder must provide the following information in the bid.

Name of Former Executive Position with Bidder Date of Employment with Bidder Name of State Owner Date of Separation from State Owner

FALSE STATEMENTS, TEX GOVT CODE § 2155.007(A)(2)

Respondent represents and warrants that all statements and information prepared and submitted in this document are current, complete, true, and accurate. Submitting a Response with a false statement or material misrepresentations made during the performance of a contract is a material breach of contract and may void the submitted Response and any resulting contract.

FINANCIAL PARTICIPATION PROHIBITED AFFIRMATION, TEX GOVT CODE § 2155.004

Pursuant to Section 2155.004(a) of the Texas Government Code, Bidder certifies that neither Bidder nor any person or entity represented by Bidder has received compensation from Owner to participate in the preparation of the specifications or solicitation on which this bid or contract is based. Under §2155.004(b) of the Texas Government Code, Bidder certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that the contract may be terminated, and payment withheld if this certification is inaccurate.

FIREARM ENTITIES AND TRADE ASSOCIATIONS DISCRIMINATION, TEX GOVT CODE § 2274

Bidder verifies that: (1) it does not, and will not for the duration of the contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or (2) the verification required by Section

2274.002 of the Texas Government Code does not apply to the contract. If circumstances relevant to this provision change during the course of the contract, Bidder shall promptly notify Owner.

FOREIGN TERRORIST ORGANIZATIONS, TEX GOVT CODE § 2252.152

Section 2252.152 of the Texas Government Code prohibits Owner from awarding a contract to any person who does business with Iran, Sudan, or a foreign terrorist organization as defined in Section 2252.151 of the Texas Government Code. Bidder certifies that it is not ineligible to receive the contract.

GOVERNING LAW AND VENUE, TEX GOVT CODE § 2155.0012

The contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the contracting Agency.

HUMAN TRAFFICKING PROHIBITION, TEX GOVT CODE § 2155.0061

Under Section 2155.0061 of the Texas Government Code, the Bidder certifies that the individual or business entity named in this Bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated, and payment withheld if this certification is inaccurate.

INDEMNIFICATION (GENERAL), TEX CONST ART VIII § 6

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BIDDER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND OWNER, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVE, CONTRACTORS, ASSIGNEES, AND OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS OR SUITS, AND ALL RELATED

COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR

OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY

PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY

OFFEROR WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND OFFEROR MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE ATTORNEY GENERAL. BIDDER AND

AGENCY AGREED TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.

NO CONFLICTS OF INTEREST, TEX GOVT CODE §§ 2252.908, 2254.032, 2261.252(B)

Bidder represents and warrants that the provision of goods and services or other performance under the contract will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety.

PRIOR DISASTER RELIEF CONTRACT VIOLATION, TEX GOVT CODE §§ 2155.006, 2261.053

Under Sections 2155.006 and 2261.053 of the Texas Government Code, the Bidder certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated, and payment withheld if this certification is inaccurate.

PUBLIC INFORMATION ACT, TEX GOVT CODE CHAPTER 552, TEX GOVT CODE § 2252.907

Information, documentation, and other material in connection with this Solicitation or any resulting contract may be subject to public disclosure pursuant to Chapter 552 of the Texas Government Code (the “Public Information Act”). In accordance with Section 2252.907 of the Texas Government Code, Bidder is required to make any information created or exchanged with the State pursuant to the contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State.

SIGNATURE AUTHORITY, TEX GOVT CODE § 2155.0012

By submitting the Bid, Bidder represents and warrants that the individual submitting this document and the documents made part of this Offer is authorized to sign such documents on behalf of the Bidder and to bind the Bidder under any contract that may result from the submission of this Bid.

STATE AUDITOR’S RIGHT TO AUDIT, TEX GOVT CODE § 2262.154

The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. The acceptance of funds directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

SUSPENSION AND DEBARMENT, TEX GOVT CODE § 2155.077

Respondent certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration.

TELEVISION EQUIPMENT RECYCLING PROGRAM, TEX HEALTH & SAFETY CODE § 361.991(C)

If Respondent is submitting a Response for the purchase or lease of covered television equipment, then Respondent certifies that it is compliant with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program.

TERMS AND CONDITIONS ATTACHED TO RESPONSE, TEX GOVT CODE § 2155.0012

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

TEXAS BIDDER AFFIRMATION, TEX GOVT CODE § 2155.444(C)

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Bidder certifies that if a Texas address is shown as the address of the Bidder on this Bid, Bidder qualifies as a Texas Bidder as defined in Section 2155.444(c) of the Texas Government Code.

TEXAS GOVERNOR EXECUTIVE ORDER GA-48

Respondent certifies that neither it, nor its holding companies or subsidiaries, is:

(a) Listed in Section 889 of the 2019 National Defense Authorization Act;

(b) Listed in Section 1260H of the 2021 National Defense Authorization Act; or

(c) Owned by the government of a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R Section 791.4; or

(d) Controlled by any governing or regulatory body located in a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R Section 791.4.

ABORTION PROVIDER AND AFFILIATE TRANSACTIONS PROHIBITED

Bidder represents and warrants that the contract is not a taxpayer resource transaction prohibited by Section 2273.003 of the Texas Government Code and that payments made by Owner to Bidder and Bidder’s receipt of appropriated funds under the contract are not prohibited by Article IX, Section 6.24 of the General Appropriations Act.

AGENCY’S RIGHT TO AUDIT

Bidder will make available at reasonable times and upon reasonable notice, and for reasonable periods, work papers, reports, books, records, and supporting documents kept current by Bidder pertaining to the contract for purposes of inspecting, monitoring, auditing, or evaluating by Owner and the State of Texas. Bidder understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor’s Office, Owner, or any successor agency, to conduct an audit or investigation in connection with those funds. Bidder further agrees to cooperate fully with the above parties in the conduct of the audit or investigation, including providing all records requested. Pursuant to Section 2262.154 of the Texas Government Code, the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under any contract or indirectly through a subcontract under the contract. The acceptance of funds by the Bidder or any other entity or person directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, the Bidder or other entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Bidder shall ensure that this paragraph concerning the State’s authority to audit funds received indirectly by subcontractor through Bidder and the requirement to cooperate is included in any subcontract it awards.

Bidder shall maintain and retain supporting fiscal and any other documents relevant to showing that any payments under this Contract funds were expended in accordance with the laws and regulations of the State of Texas, including but not limited to, requirements of the Comptroller of the State of Texas and the State Auditor. Bidder shall maintain all such documents and other records relating to this Contract and the State’s property for a period of seven (7) years after the date of submission of the final invoices or until a resolution of all billing questions, whichever is later. Bidder shall make available at reasonable times and upon reasonable notice, and for reasonable periods, all documents and other information related to the work of this Contract. Bidder and the subcontractors shall provide the State Auditor with any information that the State Auditor deems relevant to any investigation or audit. Bidder must retain all work and other supporting documents pertaining to this Contract, for purposes of inspecting, monitoring, auditing, or evaluating by OWNER and any authorized agency of the State of Texas, including an investigation or audit by the State Auditor.

Bidder shall cooperate with any authorized agents of the State of Texas and shall provide them with prompt access to all of such State’s work as requested. Bidder’s failure to comply with this Section shall constitute a material breach of this Contract and shall authorize OWNER and the State of Texas to immediately assess appropriate damages for such failure.

AMERICANS WITH DISABILITIES ACT

Bidder represents and warrants its compliance with the requirements of the Americans With Disabilities Act (ADA) and its implementing regulations, as each may be amended.

BINDING EFFECT

The contract shall inure to the benefit of, be binding upon, and be enforceable against, each Party and their respective permitted successors, assigns, transferees, and delegates.

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CHANGE IN LAW AND COMPLIANCE WITH LAWS

Any alterations, additions, or deletions to the terms of the contract that are required by changes in federal or state law or regulations are automatically incorporated into the contract without written amendment hereto and shall become effective on the date designated by such law or by regulation.

DISCLOSURE OF INTERESTED PARTIES

Bidder represents and warrants that if selected for award of a contract as a result of the Solicitation, Bidder will submit to Owner a Certificate of Interested Parties prior to contract execution in accordance with Section 2252.908 of the Texas Government Code. Additional information can be found at:

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

ELECTRICAL ITEMS

All electrical items must meet all applicable OSHA standards and regulations, and bear the appropriate listing from Underwriters Laboratory (UL), Factory Mutual Resource Corporation (FMRC), or National Electrical Manufacturers Association (NEMA).

EQUAL EMPLOYMENT OPPORTUNITY

Bidder represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities.

FEDERAL OCCUPATIONAL SAFETY AND HEALTH LAW

Bidder represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Chapter 15).

FEDERAL, STATE AND LOCAL REQUIREMENTS

Bidder shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2’s to common law employees. Bidder is responsible for both federal and State unemployment insurance coverage and standard Worker’s Compensation insurance coverage. Bidder shall comply with all federal and State tax laws and withholding requirements. The State of Texas shall not be liable to Bidder or its employees for any Unemployment or Worker’s Compensation coverage or federal or State withholding requirements. Bidder shall indemnify the State of Texas and shall pay all costs, penalties or losses resulting from Bidder’s omission or breach of this Section.

FORCE MAJEURE

Neither Bidder nor Owner shall be liable to the other for any delay in, or failure of performance, of any requirement included in the contract caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. The Owner may grant relief from performance of contract if the Bidder is prevented from performance by such an act. The burden of proof for the need of such relief shall rest upon the Bidder. To obtain release based on force majeure, the Bidder shall file a written request with the Owner.

IMMIGRATION

Bidder represents and warrants that it shall comply with the requirements of the Immigration and Nationality Act (8 U.S.C.§ 1101 et seq.) and all subsequent immigration laws and amendments.

IMMIGRATION REFORM

The Bidder represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) enacted on September 30, 1996.

IFB Construction Essential Clauses, Affirmations & Contract Requirements 2025_0609 Page 9 of 11

INDEPENDENT CONTRACTOR

Bidder acknowledges and agrees that it is furnishing products and services in the capacity of an independent contractor and that Bidder, and its personnel are not employees of the Owner or the State of Texas. Neither Bidder nor Owner is an agent of the other and neither may make any commitments on the other party’s behalf. Should Bidder subcontract any of the services required in the contract, Bidder expressly understands and acknowledges that in entering into such subcontract(s), Owner is in no manner liable to any subcontractor(s) of Bidder. In no event shall this provision relieve Bidder of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the contract. Bidder shall have no claim against Owner for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The contract shall not create any joint venture, partnership, agency, or employment relationship between Bidder and Owner.

LEGAL AND REGULATORY ACTIONS

Bidder represents and warrants that it is not aware of and has received no notice of any court or governmental Owner actions, proceedings or investigations, etc., pending or threatened against Bidder or any of the individuals or entities included in the Response within the five (5) calendar years immediately preceding the submission of the Response that would or could impair Bidder’s performance under the contract, relate to the solicited or similar goods or services, or otherwise be relevant to Owner’s consideration of the Response. If Bidder is unable to make the preceding representation and warranty, then Bidder instead represents and warrants that it has included as a detailed attachment in its Response a complete disclosure of any such court or governmental Owner actions, proceedings or investigations, etc. that would or could impair Bidder’s performance under the contract, relate to the solicited or similar goods or services, or otherwise be relevant to Owner’s consideration of the Response. In addition, Bidder represents and warrants that it shall notify Owner in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update Owner shall constitute breach of contract and may result in immediate termination of the contract.

LIMITATION ON AUTHORITY

Bidder shall have no authority to act for or on behalf of Owner or the State of Texas except as expressly provided for in the contract; no other authority, power or use is granted or implied. Bidder may not incur any debt, obligation, expense, or liability of any kind on behalf of Owner or the State of Texas.

LOBBYING PROHIBITION

Bidder represents and warrants that Owner’s payments to Bidder and Bidder’s receipt of appropriated or other funds under the contract are not prohibited by Sections 556.005 or 556.0055 of the Texas Government Code.

MEDIA RELEASES

Bidder shall not use Owner’s name, logo, or other likeness in any press release, marketing material, or other announcement without Owner’s prior written approval. Owner does not endorse any vendor, commodity, or service.

Bidder is not authorized to make or participate in any media releases or public announcements pertaining to this procurement, the Response, or the services to which they relate without Owner’s prior written consent, and then only in accordance with explicit written instructions from Owner.

NO FELONY CRIMINAL CONVICTIONS

Bidder represents that neither Bidder nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Bidder has fully advised Owner in writing of the facts and circumstances surrounding the convictions.

NO IMPLIED WAIVER

The failure of a Party to insist at any time upon the strict performance of any covenant or agreement or to exercise any option, right, power, or remedy contained in the contract shall not be construed as a waiver or a relinquishment thereof for the future.

NO THIRD-PARTY BENEFICIARIES

The contract is made solely and specifically among and for the benefit of the parties named herein and their respective successors and assigns, and no other person shall have any right, interest, or claims hereunder or be entitled to any

IFB Construction Essential Clauses, Affirmations & Contract Requirements 2025_0609 Page 10 of 11 benefits pursuant to or on account of the contract as a third-party beneficiary or otherwise.

PERMITS, CERTIFICATIONS, AND LICENSES

Bidder represents and warrants that it has determined what licenses, certifications and permits are required under the contract and has acquired all applicable licenses, certifications, and permits.

RECORDS RETENTION

Bidder shall maintain and retain all records relating to the performance of the contract including supporting fiscal documents adequate to ensure that claims for contract funds are in accordance with applicable State of Texas requirements. These records will be maintained and retained by Bidder for a period of seven (7) years after the contract expiration date or until all audit, claim, and litigation matters are resolved, whichever is later.

REFUND

Bidder will promptly refund or credit within thirty (30) calendar days any funds erroneously paid by Owner which are not expressly authorized under the contract.

RESTRICTED EMPLOYMENT FOR CERTAIN STATE PERSONNEL

Pursuant to Section 572.069 of the Texas Government Code, Bidder certifies that it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for Owner involving Bidder within two (2) years after the date that the contract is signed, or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015.

SECURE ERASURE OF HARD DISK CAPABILITY

All equipment provided to Owner by Bidder that is equipped with hard disk drives (i.e., computers, telephones, printers, fax machines, scanners, multifunction devices, etc.) shall have the capability to securely erase data written to the hard drive prior to final disposition of such equipment, either at the end of the equipment’s useful life or the end of the related services agreement for such equipment, in accordance with 1 TAC § Chapter 202.

SEVERABILITY

If any provision of the contract is construed to be illegal or invalid, such construction will not affect the legality or validity of any of its other provisions. The illegal or invalid provision will be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions will continue in full force and effect.

SOVEREIGN IMMUNITY

The Parties expressly agree that no provision of the contract is in any way intended to constitute a waiver by the Owner or the State of Texas of any immunities from suit or from liability that the Owner or the State of Texas may have by operation of law. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the Owner or the State of Texas. The failure to enforce or any delay in the enforcement of any privileges, rights, defenses, remedies, or immunities available to the Owner or the State of Texas under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. The Owner does not waive any privileges, rights, defenses, or immunities available to the Owner by entering into this Contract or by its conduct prior to or subsequent to entering into this Contract.

SUBCONTRACTORS

Bidder may not subcontract any or all of the work and/or obligations due under the contract without prior written approval of the Owner. Subcontracts, if any, entered into by the Bidder shall be in writing and be subject to the requirements of the contract. Should Bidder subcontract any of the services required in the contract, Bidder expressly understands and acknowledges that in entering into such subcontract(s), Owner is in no manner liable to any subcontractor(s) of Bidder.

In no event shall this provision relieve Bidder of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the contract.

SURVIVAL

Expiration or termination of the contract for any reason does not release Bidder from any liability or obligation set forth in the contract that is expressly stated to survive any such expiration or termination, that by its nature would be intended

IFB Construction Essential Clauses, Affirmations & Contract Requirements 2025_0609 Page 11 of 11 to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the contract, including without limitation the provisions regarding warranty, indemnification, confidentiality, and rights and remedies upon termination.

TAXES

Purchases made for State of Texas use are exempt from the State Sales Tax and Federal Excise Tax. Owner will furnish Tax Exemption Certificates upon request. Bidder represents and warrants that it shall pay all taxes or similar amounts resulting from the contract, including, but not limited to, any federal, State, or local income, sales or excise taxes of Bidder or its employees. Owner shall not be liable for any taxes resulting from the contract.

UNFAIR BUSINESS PRACTICES

Bidder represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Bidder has not been found to be liable for such practices in such proceedings. Bidder certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings.

BIDDER’S CERTIFICATION: I hereby certify that all information provided with the bid, above and attached is true and correct. Furthermore, I hereby authorize Texas Parks and Wildlife Department to contact the references listed and authorized release of information from such references to Texas Parks and Wildlife Department. I certify that my firm is not debarred or suspended from performing work for the U.S.A. or the State of Texas.

BIDDER’S AFFIRMATION: SIGNING THIS BID WITH A FALSE STATEMENT OR MATERIAL

MISREPRESENTATIONS MADE DURING THE PERFORMANCE OF A CONTRACT IS A MATERIAL BREACH OF

CONTRACT AND SHALL VOID THE SUBMITTED BID OR ANY RESULTING CONTRACTS.

Name of Contracting Firm Authorized Signature Date

Street Address Printed Name

City State Zip Title

Office Phone Number Direct Phone Number

Email address Cell Phone Number

Texas Identification Number (TIN) Federal Employers Identification Number (EIN)

THIS COMPLETED FORM IN ITS ENTIRETY, ALONG WITH THE REQUESTED DOCUMENTS AS LISTED IN THE IFB, MUST BE UPLOADED INTO BID PORTAL