INVITATION FOR BIDS – MINOR CONSTRUCTION

SEND INVOICE TO: SUBMIT BIDS ELECTRONICALLY VIA

EMAIL TO:

BIDDER MUST SIGN BELOW

Anthony Habermann at:

Anthony.Habermann@tpwd.texas.gov

Kelly Malkowski at:

Kelly.Malkowski@tpwd.texas.gov

Contract Manager:

Anthony.Habermann@tpwd.texas.gov

INFContracting@tpwd.texas.gov

BID DEADLINE:

2:00 PM CT

December 11, 2025

SUBMIT QUESTIONS VIA EMAIL TO THE

ABOVE

PROJECT NO.: MR11005R

FAILURE TO MANUALLY

SIGN AND SUBMIT THIS

PAGE WILL DISQUALIFY BID

BID F.O.B. AGENCY RECEIVING ROOM

UNLESS OTHERWISE SPECIFIED

DESTINATION IF DIFFERENT THAN

ABOVE AUTHORIZED SIGNATURE DATE

Lake Corpus Christi State Park 23194 Park Road 25, Mathis, TX 78368

BIDDER MUST COMPLETE THIS SECTION

TEXAS ID NUMBER

Name of Firm

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).

Street Address City-State-Zip Telephone No.

Email Address

FAILURE TO MANUALLY SIGN THE BID ABOVE WILL DISQUALIFY BID.

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:

ANTHONY HABERMANN, CTCD, CTCM

Contract Manager Phone: 512-389-4645 Email: Anthony.Habermann@tpwd.texas.gov mailto:Anthony.Habermann@tpwd.texas.gov mailto:Kelly.Malkowski@tpwd.texas.gov mailto:Anthony.Habermann@tpwd.texas.gov mailto:INFContracting@tpwd.texas.gov mailto:Anthony.Habermann@tpwd.texas.gov

1. INTRODUCTION: The Texas Parks and Wildlife Department (TPWD) is soliciting bids to provide a new controller, air charging compressor, and other related equipment at the water treatment plant in order to replace a failing system at Lake Corpus Christi State Park located in San Patricio County, Texas per the specifications provided herein.

1.1. The Owner will not acknowledge or receive Bids that are delivered by mail, telephone, or facsimile (fax).

Properly submitted Bids will not be returned to the Bidders. Submitted Bids become the property of Owner.

1.2. Documentation for this Invitation for Bids is available in Electronic State Business Daily (ESBD) and Texas Parks and Wildlife (TPWD) websites. All bids must be submitted via electronic mail (email). Email your bid documents to Anthony.Habermann@tpwd.texas.gov with INFContracting@tpwd.texas.gov on copy.

1.3. Bids will only be accepted from Bidders when submitted to the Owner via electronic mail (email) NO LATER

THAN 2:00 PM CT, December 11, 2025. Bids received will not be accepted after the advertised deadline time and date as stated in these documents, or as amended in any addenda. When required by solicitation, Bidder must submit its bid using the forms issued by Owner and included in these documents. Owner will not accept Bids that are delivered by any other means. Owner is not responsible for failure of electronic equipment or operator error.

1.4. To ensure that all documents are submitted before the deadline, Bidders are encouraged to submit their bid email at least 24 hrs. prior to bid deadline. Bids can be withdrawn and resubmitted until the bid deadline time shown above. This will also give you time to trouble shoot technical issues concerning file size, format, and email issues if any should arise. DO NOT INCLUDE PRICING INFORMATION IN THE BODY OF YOUR EMAIL. Bids received will not be opened or viewed before the Public Bid Opening on 3:00 PM CT, December 11, 2025.

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

Electronic State Business Daily (ESBD) and Texas Parks and Wildlife (TPWD) websites.

1.5.1. ESBD Posting Link - ESBD

1.5.2. TPWD Posting Link - Construction and Professional Services - Bids and Vendor Opportunities

- TPWD

1.6. Any questions regarding the use of email for bidding can be directed to the Contract Manager, Anthony

Habermann at Anthony.Habermann@tpwd.texas.gov

2. TERM OF CONTRACT: All Work shall be completed within sixty (60) calendar days commencing on the date specified in the Authorization to Proceed. This performance period includes completing the various aspects required to complete the Work, including submission of all submittals, mobilization, procurement, installation, testing, inspection and delivery of documents described in the solicitation and contract documents.

2.1. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, provisions of the Termination Article in Attachments A - General Terms and Conditions for Minor Repair shall apply.

2.2. The Purchase Order (Contract) may be extended by TPWD because of changes ordered in the work or due to unforeseeable delays not within the control of or arising from the fault of either party. Claims or extensions of time must be made in writing and supported by sufficient written evidence to justify the claim.

Claims for extensions of time shall be granted by written Purchase Order Change Notice.

2.3. The Contract shall terminate upon full performance of all requirements contained in this Contract, unless otherwise extended, as provided in accordance with the Contract terms and conditions.

3. NON-MANDATORY SITE VISIT: Prospective bidders are strongly encouraged to visit the site to become thoroughly familiar with site conditions and equipment needed to perform services prior to submitting a bid. Site visits must be scheduled in advance from November 17, 2025 through November 28, 2025 with the Park Superintendent, Kelly Malkowski, at (361) 537-7040 / Kelly.Malkowski@tpwd.texas.gov.

mailto:Anthony.Habermann@tpwd.texas.gov mailto:INFContracting@tpwd.texas.gov https://www.txsmartbuy.gov/esbd/MR11005R_LakeCorpusChristiStatePark_WaterPlantControlUpdate_Rebid https://tpwd.texas.gov/business/bidops/current_bid_opportunities/construction/ https://tpwd.texas.gov/business/bidops/current_bid_opportunities/construction/ mailto:Kelly.Malkowski@tpwd.texas.gov

Site is located at 23194 Park Road 25, Mathis, TX 78368.

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

4. STATEMENT OF WORK: Contractor shall provide all labor, materials, equipment, tools, bonding, insurance, and supervision necessary to perform the Water Plant Control Update as specified in Attachment B – Specifications. All work not specified and/or not shown in the specifications and pictures, but which is necessary for the completion and/or functioning and operation of the Project, shall be understood and implied as part of the Contract to be performed by the Contractor for the contract price. Such work shall be executed by the Contractor in the same manner and with the same character of material as other portions of the Contract without extra compensation.

4.1. Service Requirement: Services shall include, but are not limited to, the requirements contained in this

IFB. Services set forth that contain the words “must” or “shall” are mandatory and must be provided as specified with no alteration, modification, or exception. Services set forth that contain the words “may” or “can” allow Bidders to offer alternatives to the manner in which the commodities/services are provided.

Awarded bidder must meet IFB criteria listed under Section 5 Minimum Qualifications. The requested services and corresponding deliverables are as follows:

4.1.1. Furnish all labor, tools, equipment, materials and incidentals to perform the Water Plant Control Update.

4.1.2. Jobsite must be cleaned daily so as not to disrupt employees or normal operations of affected area(s).

4.1.3. Upon completion of the work, area will be cleaned and all debris accumulated will be removed from the jobsite.

4.1.4. Upon final acceptance of the work by TPWD, the Contractor shall furnish to TPWD the maximum available manufacturer’s warranty on all installed products. Material and labor on installation shall be warranted by Contractor for a period of one-year.

4.1.5. All work shall be performed during regular business hours unless scheduled and approved by Park

Superintendent, Kelly Malkowski. Regular business hours are 8:00 AM – 5:00 PM, Monday through Friday.

4.2. Work Schedule: Contractor shall begin work as specified in the Notice to Proceed or Authorization to

Proceed with Construction Activities with all services within sixty (60) calendar days commencing on the date listed in the Authorization to Proceed. A Contractor’s ability to meet this project schedule may be a factor in determining award. Contractor’s work hours shall be scheduled in advance with the TPWD Project Manager.

5. MINIMUM QUALIFICATIONS: Bidders shall complete and submit Attachment D – Contractor’s Qualifications Form via email. Failure to properly complete and provide Attachment D – Contractor’s Qualifications Form will result in disqualification of any bid that results from this IFB. TPWD may make such investigations as necessary to determine the ability of the Contractor to perform the work and reserves the right to reject any bid if the evidence submitted and/or obtained through investigation fails to satisfy TPWD that the Contractor is properly qualified to carry out the obligations of the Agreement.

Contractor must show evidence of at least three (3) and a maximum of five (5) successful Commercial Plumbing Installation projects of similar size, scope and complexity to that described in this IFB (as judged by TPWD) in order to be considered for award. This experience must have occurred within the past five (5) years. Include a project description, contact names, position, company name, telephone number and email address for each reference listed. Texas Board of Plumbing Examiners Plumbing licensure and an active TDLR License for all plumbing and electrical work are required.

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

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 that history of expertise.

6. CONTRACTOR REQUIREMENTS:

6.1. Contractor agrees to conduct all services under the Contract by and through appropriate communications as required by TPWD.

6.2. Contractor understands and agrees that work, installation or any other service performed without the prior written approval of TPWD is work outside the scope of this Contract and shall be performed exclusively at Contractor’s risk and own expense.

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

6.4. Contractor shall keep the premises clean on a continual basis and is responsible for the prompt removal of all debris, litter, waste materials, and rubbish regularly throughout the project.

6.5. 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.

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

6.7. Contractor shall provide all labor, equipment, supervision and any other necessary incidentals and materials to complete the project.

6.8. 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.

6.9. Contractor may be permitted to leave heavy equipment onsite per TPWD staff’s direction. TPWD will not be responsible for contractor equipment left onsite.

6.10. Contractor shall submit with reasonable promptness and in orderly sequence all shop drawings, samples or other information required by the contract documents.

6.11. Unless otherwise specified herein, the Contractor shall furnish and pay for all labor, materials, equipment, tools, construction equipment, and machinery, heat, transportation, and other facilities and services necessary for the proper execution and completion of this contract.

6.12. Contractor shall repair all defects in materials, equipment or workmanship appearing within one year from the date of acceptance and/or final completion of the work as a whole.

7. TPWD RESPONSIBILITIES:

7.1. TPWD will designate a Project Manager for this Contract who will serve as the point of contact between TPWD and Contractor. The instructions of the Project Manager and/or the Project Manager’s designated representative (hereinafter collectively referred to as the “TPWD PM”) are to be strictly and promptly followed by Contractor at all times. The TPWD PM is to have free access to Contractor’s supplies, equipment, and work product at all times for inspection and audit.

7.2. The TPWD PM will decide any and all questions that may arise as to the quality and acceptability of work performed, and as to the manner of performance and rate of progress of the work. The TPWD PM will determine the amount of work performed and materials furnished which are to be paid under the contract.

7.3. Failure of the TPWD PM during the progress of the work to: (i) discover or reject unacceptable work; (ii) discover work not in accordance with the contract; or, (iii) failure to exercise any remedies in connection therewith, shall not be deemed an acceptance thereof, nor a waiver, of TPWD’s right to full performance of the contract.

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

7.5. TPWD will monitor vendor performance. Failure to provide services in accordance with requirements specified herein and the resulting contract(s) and adherence to the TPWD Attachment A – General Terms and Conditions for Minor Repair 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.

8. SAFETY: All Contractors and subcontractors conducting work for TPWD shall abide by all Occupational Safety and Health Administration (OSHA) rules and regulations provided by the Department of Labor, OSHA, Code of Federal Regulations, Chapter 29. Employees of Contractor and subcontractors shall be trained in accordance with Chapter 29, OSHA Regulations.

8.1. Emergency: In any emergency affecting the safety of persons or property, the Contractor shall act, at their discretion, to prevent threatening damage, injury or loss and notify TPWD within forty-eight (48) hours if Contractor believes that any significant changes in the work or variations from the Contract have been caused by Contractor’s emergency response. Any additional compensation or extension of time claimed by the Contractor resulting from emergency work shall be considered in accordance with Attachment A - General Terms and Conditions for Minor Repair 09.

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

10. QUANTITIES: 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.

11. INSURANCE: Upon acceptance of the bid that is considered to provide the best value to the State of Texas, the following insurance requirements shall be met by providing a current Certificate of Insurance and corresponding policy endorsements.

11.1. 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 Bodily Injury by Disease

$1,000,000 Ea. Accident $1,000,000 Ea. Employee $1,000,000 Policy Limit

Commercial General Liability General Aggregate Applies Per Project

$1,000,000 Bodily Injury & Property Damage – Each Occurrence $2,000,000 Aggregate Limit $5,000 Medical Expense Each Person $1,000,000 Personal Injury & Advertising Liability $2,000,000 Products / Completed Operations Aggregate Limit

Automobile Liability All Owned, Hired and Non-Owned Vehicles $1,000,000 Combined Single Limit

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

11.2. 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.

11.3. 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. Failure to timely meet this requirement may result in disqualification of the bid and forfeiture of the bid security, if any. In such circumstances, TPWD shall be authorized to proceed with award to the next highest ranking, responsive and responsible bidder.

11.4. The certificate of insurance and corresponding endorsements shall be sent to: Contract Manager, Anthony Habermann via email at Anthony.Habermann@tpwd.texas.gov.

12. SCHEDULE OF EVENTS: TPWD reserves the right to change the dates shown below.

EVENT DATE

IFB Issue Date: November 17, 2025 Non-Mandatory Site Visit 11/17-11/28/2025, Kelly Malkowski, Park (must Schedule in advance): Superintendent, 361-547-2635 Deadline for Submission of Questions: 5:00 PM CT, December 01, 2025 Deadline for Submission of Bids: 2:00 PM CT, December 11, 2025 Anticipated Contract Start Date January 2026

13. INQUIRIES: All requests, questions, or other communications about this Solicitation shall be directed to

Anthony Habermann, CTCD, CTCM in writing email to the Contract Manager for interpretation at Anthony.Habermann@tpwd.texas.gov with TPWD Infrastructure Contracting Branch on copy, INFContracting@tpwd.texas.gov.

13.1. Corrections, deletions, or additions to bids must be made via email provided such changes are submitted in correct and comprehensive form prior to the opening time of bids. No telephonic instructions will be accepted. Bidders can make changes to their bids via email without any interaction from TPWD by recalling the bid, making revisions as necessary and resubmitting the bid. TPWD shall not be responsible for failure of electronic equipment or operator error.

14. 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 Bidder or their representative(s), except for the written inquiries described in this solicitation document. Attempts to ask questions by phone or in person will not be allowed or recognized as valid.

FAILURE TO OBSERVE THIS RESTRICTION MAY DISQUALIFY BIDDER. Bidder shall rely only on written statements issued through or by TPWD’s contracting staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

15. DISCREPANCIES: Should any Bidder find discrepancies between the Invitation for Bids and Contract

Documents, or should Bidder be in doubt as to their exact meaning, Bidder should notify TPWD at once. TPWD may then, at its option, issue addenda clarifying same. TPWD will not be responsible for oral instructions or for misinterpretation of Invitation for Bids and Contract Documents.

16. ADDENDA: TPWD reserves the right to issue addenda at any time prior to the bid opening. Bidder shall acknowledge all addenda via email. Such acknowledgement must be made prior to the time and date specified for receipt of responses to this solicitation. Oral changes in the work made during the bidding period are not binding. BIDDER’S FAILURE TO ACKNOWLEDGE ADDENDUM(S) MAY RESULT IN REJECTION OF BID.

No oral explanation in regard to the meaning of the Invitation for Bids and Contract Documents will be made and no oral instructions will be given before the award of the contract. TPWD requests that all discrepancies, omissions or questions as to the meaning of Pictures and Specifications shall be communicated in writing to the Contract Manager for interpretation via email.

17. BID SECURITY: Unless otherwise stipulated in the Invitation for Bids and Contract Documents, only projects in which the total contract price exceeds $25,000 will require bid security. The bid security shall be in the form of a bond accompanied by valid power of attorney for not less than five percent (5%) of the total amount of the Bid, including the total of all separate priced items and multiple base pricing items and/or alternate price items and/or optional pricing and/or allowances. To ensure adequate bid security, Bidders should calculate bid security based on the highest possible monetary award. Bidder shall submit a .pdf file of the bid security documents via email . Bids will be rejected if the appropriate bid security is not furnished in the form specified above and by the time set for receipt of Bids.

If the successful Bidder fails to return the signed contract, insurance, and bonds within the time specified, the bid security may be forfeited not as a penalty but as liquidated damages.

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

18. SUBCONTRACTORS: Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of the Bidder. No subcontract under the Contract shall relieve the primary Contractor of responsibility for the service. If the Contractor uses a subcontractor for any or all of the work required, the following conditions shall apply under the listed circumstances:

18.1. Subcontracting shall be at the Contractor’s expense.

18.2. TPWD retains the right to check subcontractor’s background and make determination to approve or reject the use of submitted subcontractors.

18.3. The Contractor shall be the only contact for TPWD and subcontractors. Contractor shall list a designated point of contact for all TPWD and subcontractor inquiries.

19. COMPENSATION AND FEES: Bidders shall submit pricing by line item on the Contractor’s Bid Form – (Bid

Schedule) via email. Bidders may not add qualifications, conditions or exceptions to the provided specifications or otherwise modify the attachment in any way. Any such modifications will not be considered for evaluation and may be cause for rejection of the bid, at the full and sole discretion of TPWD.

20. TPWD TERMS AND CONDITIONS (Attachment A): Any bids not accepting the attached General Terms and

Conditions for Minor Repair may be disqualified.

21. BID RESPONSE INSTRUCTIONS:

21.1. Bid Submission: Prepare the bid using the Invitation for Bids and contracting documents furnished by TPWD. Pricing shall be entered on the Contractor’s Bid Form (Project Bid Schedule) and submitted via email to the Contract Manager, Anthony Habermann at Anthony.Habermann@tpwd.texas.gov with INFContracting@tpwd.texas.gov on copy. Specify a unit price in dollars and cents for each regular item for which an estimated quantity is given. Bidders shall provide pricing at the level of detail required by the Contract Manager as indicated on the Bid Form line items.

TPWD will not accept an incomplete bid. A bid that has one or more of the deficiencies listed below is considered incomplete:

• A signed and completed cover page (page 1) was not submitted in the email,

• Contractor’s Qualification Form (Attachment C) was not completed in its entirety or not submitted in the email,

• Any area or item is left blank on the Contractor’s Bid Form (Project Bid Schedule), or

• The Bidder did not sign and return all addenda.

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

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

21.2. Bidders are responsible for taking the appropriate measures to submit a bid. These measures include, but are not limited to acquiring hardware, software, and internet connectivity needed for submitting a bid via TPWD’s bidding system. Bidders shall download, complete and submit the electronic form(s) found in the email.

21.2.1. Submission Deadline: All bids shall be received by 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 unreviewed.

21.2.2. General Format: Bidder shall submit bid response, signed dated and completed. Every part of the response must be legible and of sufficient print clarity to allow copying of the document.

Mistakes/Errors may be crossed out and corrections typed or printed adjacent to the mistake/error and initialed in ink by the person signing the response.

21.2.3. Bidders are responsible for all costs of bid preparation.

21.3. Bid Content: The following is a summary of required and requested information. Bids submitted without the information below will be evaluated accordingly and may be considered non-responsive. TPWD reserves the right, in its sole judgment, to waive minor technicalities and errors in the best interest of the state.

21.3.1. Signed and completed cover page (first page of this solicitation document)

21.3.2. Attachment D – Contractors Qualification Form

21.3.3. Attachment E – Contractor’s Bid Form - (Project Bid Schedule)

21.3.4. Addenda: Bidder shall acknowledge all addendum(s) by signature thereon and return each signed addenda with its bid.

21.3.5. Bid Security (Scanned Copy)

22. EVALUATION AND AWARD:

22.1. 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.

22.2. TPWD reserves the right to solicit any service that would normally be performed using this Contract if it deems that by doing so would be in the best interest of the State of Texas.

22.3. In evaluating bids to determine the best value for the State of Texas, TPWD may consider information related to past contract performance of a Bidder including, but not limited to CPA’s Vendor Performance Tracking System (VPTS) available at http://www.txsmartbuy.com/vpts. Prior work performance with TPWD and other State agencies or governmental entities which are familiar with a Bidder’s performance, depending on problems encountered, may be grounds for disqualification. In addition, Bidders involved in litigation with TPWD or another State agency may be disqualified.

22.4. TPWD reserves the right to award or not award the Contract if no responses are deemed acceptable and may re-solicit as determined necessary in the best interest of the State of Texas.

22.5. TPWD reserves the right to consider Bidder 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.

22.6. Award: TPWD will award a Contract to the low Bidder whose bid is considered to provide the Best Value to the State of Texas as defined by Texas Government Code, Section 2155.074 and in accordance with Attachment A - General Terms and Conditions for Minor Repair, Para. 3.

http://www.txsmartbuy.com/vpts

22.6.1. Determination of the low bidder will be based on the lowest responsible base bid and/or a combination of the base bid and alternate bids. Alternates accepted will be considered in determining the low bidder, but TPWD does not obligate itself to accept an alternate or to accept alternates in any order listed unless otherwise stipulated elsewhere in the Invitation for Bids and Contract Documents.

23. DELIVERY AND ACCEPTANCE:

23.1. Project Completion Time, Liquidated Damages: Contractor must perform work within the timeframe agreed upon by TPWD and the Contractor prior to beginning work. If Contractor cannot perform the work within the timeframe stated, Contractor may be subject to liquidated damages of up to Five Hundred and No/100 Dollars ($500.00) per week as a reasonable estimate of just compensation to TPWD for failure of the Contractor to complete the work within the required timeframe. Liquidated damages will be deducted from the money due or to become due to the Contractor.

23.2. Project Delays: If a 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. The defaulting Contractor will not be considered in the re-solicitation and may not be considered in future solicitations for the same type of work.

23.3. 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. Contractor will be notified within this time frame of any work not delivered in full compliance with the contract.

24. WAGE RATES:

24.1. Duty to Pay Prevailing Wage Rates: Pursuant to Tex. Gov’t Code § 2258, Contractor shall not pay less than the wage scale of the various classes of labor as shown on the prevailing wage schedule provided by TPWD in Attachment B - Specifications. The specified wage rates are minimum rates only. TPWD is not bound to pay any claims for additional compensation made by any Contractor because the Contractor pays wages in excess of the applicable minimum rate contained in the Contract. The prevailing wage schedule is not a representation that qualified labor adequate to perform the Work is available locally at the prevailing wage rates.

24.2. Penalty for Violation: Contractor, and any Subcontractor, will pay to the State a penalty of sixty dollars

($60) for each worker employed for each day, or portion thereof, that the worker is paid less than the wage rates stipulated in the prevailing wage schedule

25. RETAINAGE: TPWD reserves the right to withhold ten percent (10%) retainage of the contract price until all work is accepted and warranty or equipment operation and maintenance documents are in hand, if applicable.

This includes required original Contractor provided installation letters on its letterhead, applicable material manufacturer industry standard warranties, any equipment operation and maintenance manuals, or other project inclusive documentation for the respective trades associated with this project.

26. UNSATISFACTORY PERFORMANCE: If Contractor fails to maintain an acceptable level of service, or if in the judgement of TPWD Contractor’s methods are not adequate to ensure completion of all required services, the TPWD PM, may direct Contractor, at no additional cost to TPWD, to revise work schedules or manpower/man-hours to ensure completion of services. Failure to perform any of the obligations in the Contract may be considered nonperformance of services and may result in informal corrective action, formal corrective action, withholding of payment and/or termination of the contract.

26.1. TPWD may consider the following levels of performance by Contractor as unsatisfactory. An unsatisfactory performance determination may include, but is not limited to the following:

(i) Leaving site in a messy or unsafe condition;

(ii) Improper installation of materials;

(iii) Lack of effective communication with TPWD;

(iv) Substandard workmanship or failure to meet specified standards;

(v) Use of inferior materials;

(vi) Incomplete or inaccurate record-keeping including inability to submit proper project documentation and reporting.

26.2. Work rejected by TPWD shall be corrected at the expense of the Contractor.

27. INVOICING AND PAYMENT: The following procedures apply to invoicing and payment in addition to those listed in the Attachment A - General Terms and Conditions for Minor Repair, Para. 10:

27.1. Contractor to submit digital invoice(s) to:

Contract Manager, Anthony Habermann, Anthony.Habermann@tpwd.texas.gov and Park Super Intendent, Kelly Malkowski, Kelly.Malkowski@tpwd.texas.gov.

With a physical Copy to:

Texas Parks & Wildlife, Infrastructure Division, 4200 Smith School Road, Austin, Texas 78744 Invoices must show:

27.1.1. Name of Contractor exactly as shown on the contract, Texas Payee Identification Number

(PIN), and correct "Remit to" address

27.1.2. Name of receiving entity

27.1.3. Contract/purchase order number

27.1.4. Description, quantity, unit of measure, unit price, extended price of each item

27.1.5. Total price

27.1.6. Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice

27.1.7. Attach supporting documentation, if required

27.2. Payment:

27.2.1. 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.

27.2.2. 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.

27.2.3. The State of Texas will not incur any penalty for late payment if the invoice fails to conform to the requirements of this section of if Contractor fails to submit the invoice to the appropriate email addresses identified in this section.

27.2.4. 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.

Electronic payment may be available through some ordering entities. Contact Accounts Payable at 512-389- 4833 or by email at accounts.payable@tpwd.texas.gov for additional information.

mailto:Anthony.Habermann@tpwd.texas.gov mailto:Kelly.Malkowski@tpwd.texas.gov mailto:accounts.payable@tpwd.texas.gov

Attachment A-General Terms and Conditions for Minor Repair

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