ESBD_468476_1762819258973_IFB_MR11973.pdf

Contracting Branch | Infrastructure Division 4200 Smith School Road

Austin, Texas 78744

Invitation for Bids

Project No. MR11973

Move Dump Station

Bonham State Park Fannin County, Texas

Class & Item Codes: 913-45, 913-81, and 913-91

Issue Date NOV 10, 2025

Bid Due Date 2:00 PM CT, DEC 09, 2025

Bid Opening 3:00 PM CT, DEC 09, 2025

Contract Manager: Anthony Habermann, CTCD | CTCM Email: Anthony.Habermann@tpwd.texas.gov mailto:Anthony.Habermann@tpwd.texas.gov

SECTION 1 – GENERAL INFORMATION AND INSTRUCTIONS

1.01 Solicitation Objective

1.02 Pre-Bid Conference

1.03 Site Visit

1.04 Prohibited Communications

1.05 Deadline for Receipt of Bids

1.06 Electronic Submission of Bids

1.07 Corrections, Deletions, or Additions to Bids

1.08 Submission of a Complete Response Through Electronic Mail (e-mail)

1.09 Execution of Bid

1.10 Public Opening of Bids

1.11 Basis of Award

1.12 Inquiries, Interpretations and Discrepancies

1.13 Addenda

1.14 Project Location

1.15 Project Scope

1.16 Construction Cost Estimate

1.17 Bid Submission

1.18 Performance Period

1.19 Protest Procedure

SECTION 2 – SOLICITATION AND SELECTION INFORMATION AND REQUIREMENTS

2.01 Anticipated Solicitation and Selection Schedule

2.02 Legal Authority to Contract

2.03 Type of Contract

2.04 Public Information

2.05 Eligible Bidders

2.06 Offer Period

2.07 No Reimbursement for Costs

2.08 Owner Reservation of Rights

2.09 Essential Clauses, Affirmations & Additional Contract Requirements (ECACR)

2.10 Bid Security

2.11 HUB Subcontracting Plan

2.12 Insurance Requirements

2.13 Bonding Requirements

2.14 Terms and Conditions Attached to Bid

2.15 Construction Contracting Forms

2.16 Option for Inclusion of Additional Work

2.17 Energy Policy and Conservation Act

2.18 Build America, Buy America (BABA) Act

2.19 U.S. Department of the Interior Certifications

SECTION 3 – EVALUATION, AWARD, AND REQUIRED SUBMITTALS

3.01 Evaluation General Information

3.02 Reservation of Rights

3.03 Minimum Qualifications

3.04 Procedures for Determination of Low Bidder

3.05 Vendor Performance Tracking System

3.06 Procedures in the Event of Tie

3.07 Reciprocal Preference Law

3.08 Required Submittals

REQUIRED SUBMITTAL FORMS TOTAL PAGES

Qualifications and Past Performance Essential Clauses, Affirmations and Additional Contract Requirements HUB Subcontracting Plan and Policy Compliance Forms Contractor’s Bid Form – (Bid Schedule)

CONDITIONS OF THE CONTRACT TOTAL PAGES

Uniform General Conditions (including Supplementary Conditions) Prevailing Wage Rates Agreement Between Owner and Contractor

CONSTRUCTION DOCUMENTS TOTAL PAGES

DIVISION ONE – GENERAL REQUIREMENTS

Section 01000 – Special Conditions Drawings

EXHIBITS TO THE CONTRACT TOTAL PAGES

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

SECTION 1 – GENERAL INFORMATION AND INSTRUCTIONS

1.01 Solicitation Objective

The Texas Parks & Wildlife Department (“Owner”) issues this Invitation for Bids (IFB) to solicit bids from qualified firms to move the dump station at Bonham State Park located in Fannin County, Texas.

1.02 Pre-Bid Conference

The Texas Parks and Wildlife Department will host a pre-bid conference at 10:30 AM CT, Tuesday, November 18, 2025.

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

Conference will be conducted using Microsoft® Teams. Registration is required to attend the pre-bid conference using the following link. Following registration, you will receive a confirmation email with a link to join the event.

Microsoft Teams Webinar Link

1.03 Site Visit

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

Site visits are by appointment only. Site visits will be accommodated Monday, November 10, 2025, through Friday, November 21, 2025, during regular business hours 8:00 AM CT – 5:00 PM CT.

Contact Jason Schooley, Park Superintendent by email at Jason.Schooley@tpwd.texas.gov and Marissa Urey, Lead Ranger, Marissa.Urey@tpwd.texas.gov to schedule a site visit appointment.

Bonham State Park is located at 1363 State Park Road 24, Bonham, Texas, in Fannin County.

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.

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

1.04 Prohibited Communications

Upon issuance of this solicitation, Owner, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Bidder or their representatives(s), except as instructed in Section 1.12 – Inquiries, Interpretations and Discrepancies. 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 Owner’s contracting staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

https://events.gcc.teams.microsoft.com/event/939ad5ad-2ef1-4aa5-8d0a-b75ffafd75d0@7864fda7-62ad-47ec-81ec-323266e3a35f mailto:Jason.Schooley@tpwd.texas.gov mailto:Marissa.Urey@tpwd.texas.gov

1.05 Deadline for Receipt of Bids

Owner is requesting bids to perform all work required. Refer to Section 1.06 – Electronic Submission of Bids for submission instructions. The deadline for receipt of bids for the project is as follows:

2:00 PM CT, December 09, 2025

1.06 Electronic Submission of Bids (by e-mail only)

Bidder shall prepare the bid on the form(s) in Electronic State Business Daily (ESBD) and Texas Parks and Wildlife (TPWD) websites. Bidder shall specify a unit price in dollars and cents for each regular item and additive alternate item(s) or replacement alternate item(s) for which an estimated quantity is given.

Bids must be received NO LATER THAN the date and time specified in Section 1.05 – Deadline for Receipt of Bids. Bids received after this time will not be considered and will not be reviewed. Each bid shall be submitted on the Contractor's Bid form provided.

Bids must be emailed to the Primary Point of Contact listed below in this section, 1.06 – Electronic Submission of Bids (by e-mail only). The subject line should read as follows:

OFFICIAL BID FOR PROJECT _______ [PROJECT NUMBER], AT [PROJECT LOCATION] [PROJECT TITLE]

No other forms of delivery will be accepted.

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 (e-mail). E-mail your bid documents to the Contract Manager, Anthony.Habermann@tpwd.texas.gov with INFContracting@tpwd.texas.gov on copy.

Bids will only be accepted from Bidders when submitted to the Owner via electronic mail (e-mail) NO LATER THAN the date and time specified in Section 1.05 – Deadline for Receipt of Bids. Bids 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.

To ensure that all documents are received by TPWD before the deadline, Bidders are encouraged to submit their bids via e-mail at least 24 hrs. prior to bid opening. DO NOT INCLUDE PRICING INFORMATION IN THE BODY OF YOUR E-MAIL. File attachments will not be viewed prior to the deadline for receipt of bids. Contact the Contract Manager if you have issues submitting your bid prior to the deadline for receipt of bids. Bids can be withdrawn and resubmitted until the bid opening time shown above. Submitting your bid 24 hrs. prior to bid opening will also give you time to trouble shoot technical issues concerning file size, format, and e-mail issues if any should arise. E-mails and bids received will not be opened or viewed before the bid opening deadline specified in Section 1.05 – Deadline for Receipt of Bids.

ESBD Posting Link - ESBD

TPWD Postin Link - Construction and Professional Services - Bids and Vendor Opportunities - TPWD

Any questions regarding the use of e-mail for bidding can be directed to the designated point of contact listed in Section 1.12 – Inquiries, Interpretations and Discrepancies for this solicitation.

mailto:INFContracting@tpwd.texas.gov https://www.txsmartbuy.gov/esbd/MR11973_MoveDumpStation_BonhamStatePark https://tpwd.texas.gov/business/bidops/current_bid_opportunities/construction/

1.07 Corrections, Deletions, or Additions to Bids

Corrections, deletions, or additions to bids may be made by e-mail provided such emails are received in correct and comprehensive form prior to the opening time of bids and an original reflecting said corrections, deletion, or additions must be submitted to TPWD within two (2) business days of submitted email. No telephonic instructions will be accepted. Corrections, deletions or additions to bids shall be sent by email to the Contract Manager listed above. This is the only address that will be used for receipt of corrections, deletions, or additions. TPWD shall NOT be responsible for failure of electronic equipment or operator error.

1.08 Submission of a Complete Response via Electronic Mail (e-mail)

Bidders must submit all requested information and upload all required documents into the electronic mail (e-mail), as specified in Section 1.06 – Electronic Submission of Bids, failure to do so may result in rejection of the bid.

1.09 Execution of Bid

Bids shall have all blanks fully and legibly completed including a price for all alternates and/or unit costs when listed under the base bids on which a bid is submitted. Failure to do so shall result in rejection of the bid.

Corrections in the bidder's bid shall be legible and initialed. The bid form shall show no alterations or qualifications of any kind.

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

1.10 Public Opening of Bids

Bids will be opened virtually at 3:00 PM CT, December 09, 2025, using Microsoft® Teams. Bidders as well as the public may join the meeting to observe the bid opening. Registration is required to attend, use the following link to register:

Microsoft Teams Webinar Link

Questions should be directed to the designated point of contact listed in Section 1.12 – Inquiries, Interpretations and Discrepancies for this solicitation.

1.11 Inquiries, Interpretations and Discrepancies

1.11.1 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 Owner at once. Owner may then, at its option, issue addenda clarifying same. Owner will not be responsible for oral instructions or for misinterpretation of the Invitation for Bids and Contract Documents.

1.11.2 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. All discrepancies, omissions, or inquiries as to the meaning of Drawings and Specifications shall be communicated using e-mail for interpretation by 5:00 PM CT, November 20, 2025. Owner estimates that any addendum issued to respond to questions from Bidders is estimated to be issued on or about December 01, 2025.

https://events.gcc.teams.microsoft.com/event/4944aa39-74f5-4180-8cf3-66256aed61e8@7864fda7-62ad-47ec-81ec-323266e3a35f

1.11.3 All written inquiries regarding this solicitation must be submitted via e-mail to the Point of Contact identified in this section. All emailed inquiries must include the project number, inquirers’ company name, contact person, title, phone number and email address.

Primary Point of Contact: Anthony Habermann, CTCD | CTCM, Contract Manager Email: Anthony.Habermann@tpwd.texas.gov TPWD | Infrastructure Division 4200 Smith School Road Austin, Texas 78744

The Sole Point-of-Contact will authorize a secondary Sole Point of Contact in the event of their absence and, in such an event, will include the contact information for the secondary Sole Point of Contact in their automatic reply out-of-office e-mail message. Bidders seeking to contact the Sole Point of Contact should do so via e-mail in order to receive updated contact information.

1.11.4 The Owner designates the following person as its representative and Sole Point-of-Contact for all questions related to the HUB Subcontracting Plan. All written inquiries regarding completion and submission of the HUB Subcontracting Plan (HSP) must be submitted via e-mail to the Point of Contact identified in this section.

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

Primary Point of Contact: HUB Specialist Email: HUB@tpwd.texas.gov

TPWD | Purchasing & Contracting 4200 Smith School Road

Austin, Texas 78744

1.12 Addenda

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

All addenda shall be acknowledged as received via e-mail.

1.13 Project Location

Bonham State Park is located at 1363 State Park Road 24, Bonham, Texas, in Fannin County. The dump station is located next to the restroom building across the street from the headquarters within Bonham State Park.

1.14 Project Scope

Furnish all labor, equipment, tools, material and incidentals necessary to complete project MR11973, Move Dump Station at Bonham State Park located in Fanin County, Texas per the specifications provided herein.

1.15 Construction Cost Estimate

The construction cost estimate for this project is $70,000.00 to $100,000.00 mailto:HUB@tpwd.texas.gov

1.16 Performance Period

Contract time is of the essence. All work shall be completed within sixty (60) calendar days commencing on the date specified in the Notice 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 Uniform General Conditions, Article 12, 12.1.1.1.

1.17 Protest Procedure

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

END SECTION 1

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

SECTION 2 – SOLICITATION AND SELECTION INFORMATION AND REQUIREMENTS

2.01 Anticipated Solicitation and Selection Schedule

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

IFB Issue Date November 10, 2025

Pre-Bid Conference 10:30 AM CT, November 18, 2025

Deadline to Submit Questions 5:00 PM CT, November 20, 2025

Addendum to Bidder’s Questions (Est.) December 01, 2025

Bid Due Date 2:00 PM CT, December 09, 2025

Virtual Public Bid Opening 3:00 PM CT, December 09, 2025

Owner issues Notice of Selection (Est.) January 09, 2025

2.02 Legal Authority to Contract

This procurement complies with the state of Texas law, including Texas Government Code Title 10, Subtitle F, Chapter 2269, Subchapter C: COMPETITVE BIDDING METHOD and under the authority of Texas Parks and Wildlife Code §11.0171.

Owner reserves the right to award this solicitation based on best value according to TGC 2155.074(b), as determined by Owner, with consideration given to bids that best meet the desired scope of work and specifications set forth in this IFB. All work performed must be in compliance with existing federal, state and local codes, statutes and requirements.

Owner will select the successful Bidder that offers best value to the Owner based on the published Evaluation Criteria stated in Section 3 – Evaluation, Award, and Required Submittals of this solicitation and on its ranking evaluation. The IFB provides the information necessary to prepare and submit Bids for consideration by the Owner.

2.03 Type of Contract

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

2.04 Public Information

All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter 552.001, et seq.) after award of a Contract. However, certain information may be confidential and fall under an exception to disclosure under the Public Information Act such as proprietary or confidential information, trade secrets, and certain commercial and financial information where disclosure might cause “substantial competitive harm to your business.” If the Bidder believes that its bid to this solicitation contains confidential information in those categories, the Bidder must specifically document this at the top or bottom of each page that contains the information the Bidder considers confidential. The Bidder’s documentation must include a statement that confidential information is contained on that page, refer to its exact location on the page, and describe the specific nature of the exception to the Texas Public Information Act that the Bidder believes applies to this information, i.e. copyrighted, trade secret, proprietary, financial etc. A general disclaimer that the Bidder’s bid contains confidential information will not be sufficient to meet this requirement. If such documentation is not provided, Owner will assume that all information provided in the bid to this solicitation is disclosable under the Act.

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

2.05 Eligible Bidders

Only individual firms or lawfully formed business organizations may submit bids; this does not preclude a Bidder from using subcontractors. The Owner will contract only with the individual firm or formal organization that submits a Bid.

2.06 Offer Period

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

2.07 No Reimbursement for Costs

Bidder acknowledges and accepts that any costs incurred from the Bidder’s participation in this IFB process shall be at the sole risk and responsibility of the Bidder. Bidders submit Bids at their own risk and expense.

2.08 Owner Reservation of Rights

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

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

Bidder’s competency, responsiveness, and responsibility will be considered in making an award. Owner may evaluate Bids based on anticipated completion and sequencing of the entire project or its parts. Owner is not bound to accept the lowest Bid or any portion thereof and may request new Bids for all or parts of the project.

Owner reserves the right to divide the project into multiple parts, reject any and all Bids, re-solicit, or even temporarily or permanently halt the project. Owner may choose to award, partially award, or not award a contract if no submissions are deemed acceptable and may re-solicit as deemed necessary and in the best interest of the State of Texas.

2.09 Essential Clauses, Affirmations & Additional Contract Requirements (ECACR)

Bidder shall certify all information provided with the bid is true and correct by completing and signing the Essential Clauses, Affirmations & Additional Contract Requirements (ECACR) form provided. The ECACR is incorporated into the Agreement by reference. Bidder shall submit a .pdf file of the completed ECACR to the Contract Manager via e-mail. Failure to submit the completed and signed ECACR as specified above and by the time set for receipt of Bids shall cause Bidder to be deemed “non-responsive” and disqualified.

2.10 Bid Security

Bidder must provide a bid security as set forth by the Uniform General Conditions, Article 5.1.2. The bid security shall be in the form of a bond accompanied by valid power of attorney 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 to the to the Contract Manager via e-mail. Failure to submit the appropriate bid security in the form specified above and by the time set for receipt of Bids shall cause Bidder to be deemed “non-responsive” and disqualified.

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.

2.11 HUB Subcontracting Plan

In accordance with Texas Gov't Code §2161.252 and 34 Texas Administrative Code §20.285, Owner has determined that subcontracting opportunities are probable under this contract, and that the contract value may exceed $100,000. This probability is based on HUB availability, HUB utilization, geographic location of the project, the contractual scope of work, and other factors. Owner estimates the value of this contract to be greater than $100,000. See Exhibit A form PWD 0991 for the HUB subcontracting goal of the contract’s value.

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

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

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

http://tpwd.texas.gov/business/bidops/hub/HSP/index.phtml.

FAILURE TO COMPLETE AND SUBMIT THESE FORMS WITH THE BID WILL RESULT IN

DISQUALIFICATION FROM CONSIDERATION. THE BIDDER RECEIVING AN AWARD MUST COMPLY

WITH THE SPECIAL REQUIREMENTS SPECIFIED HEREIN.

HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report: After awarding the contract, the Contractor shall report all HUB and non-HUB subcontractor information using the HSP Prime Contractor Progress Assessment Report form. The report shall be submitted to the TPWD HUB Program monthly. The report shall be submitted monthly even during the months the Contractor is not invoicing Owner.

All payments made to subcontractors shall be reported. Owner may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors. Failure to submit PAR may result in payment being withheld.

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

2.12 Insurance Requirements

The successful Bidder must certify the minimum insurance coverages as set by the contract, specifically, the Uniform General Conditions, Article 5, 5.2. and Division 1 – General Requirements. The required insurance information shall be submitted within ten (10) calendar days from receipt of Notice of Selection as confirmation that the required insurance is in full force and effect. Failure to meet this requirement may result in disqualification of the Bid and forfeiture of the Bid security, if any. In such circumstances, Owner shall be authorized to proceed with award to the next lowest, responsive and responsible Bidder.

2.13 Bonding Requirements

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

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

2.14 Terms and Conditions Attached to Bid

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

2.15 Construction Contracting Forms

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

• Application for Payment FAQs

• Application for Payment voucher

• BABA Certification

• Consent of Surety

• Contractor's Change Proposal

• Contractor's Construction Admin Forms

• Contractor's Change Proposal Checklist

• Final Payment Affidavit

• Non-Use Asbestos

• OM Manual TOC

• Payment Bond

• Performance Bond

• Progress Payment Affidavit

• Request for Information

• Remote Virtual Inspection Agreement

• Substantial Completion or Final Inspection Prep

List

• Uniform General Conditions including

Supplementary General Conditions

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

END SECTION 2

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

SECTION 3 – EVALUATION, AWARD, AND REQUIRED SUBMITTALS

3.01 Evaluation General Information

Evaluation of bids shall be based on the requirements described in this IFB. 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.

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 signification expansion after award may be grounds for rejection of the bid.

3.02 Reservation of Rights

Owner reserves the right to reject any or all bids – and to waive any or all informalities in connection therewith.

Owner is not bound to accept the lowest bid or any part thereof and reserves the right to ask for new bids for the whole or parts. The mere opening and reading aloud of a bid shall not constitute Owner’s acceptance of the suitability of a bidder or a bid. The competency and responsibility of the bidders will be considered in making an award.

Owner reserves the right to award, partially award, or not award a contract if no responses are deemed acceptable; and may re-solicit as determined necessary and in the best interest of the State of Texas.

3.03 Minimum Qualifications

The Qualifications and Past Performance Form must be submitted with the bid via e-mail. Failure to properly complete and provide Qualifications and Past Performance Form shall be cause for the Bidder's bid being rejected by TPWD.

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

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.

MINIMUM EXPERIENCE REQUIREMENTS FOR THIS PROJECT:

A MINIMUM OF FIVE (5) YEARS’ EXPERIENCE IN COMMERCIAL LIFT STATION SEPTIC INSTALLATION, THIS EXPERIENCE MAY BE SATISFIED THROUGH THE BIDDERS EXPERIENCE AS A GENERAL

CONTRACTOR PERFORMING COMMERCIAL LIFT STATION SEPTIC INSTALLATION, OR EXPERIENCE

OF A PROPOSED SUBCONTRATOR SPECIALIZING IN COMMERCIAL LIFT STATION SEPTIC

INSTALLATION PROJECTS. PROVIDED THAT THE SUBCONTRACTOR HAS A MINIMUM OF FIVE YEARS

OF RELEVANT EXPERIENCE. IN ALL CASES, THE GENERAL CONTRACTOR SHALL RETAIN

REPONSIBILITY FOR OVERALL PROJECT SUPERVISION.

BIDDER MUST SHOW EVIDENCE OF A MINUMUM THREE (3) AND MAXIMUM OF FIVE (5) SUCCESSFUL CONSTRUCTION PROJECTS SIMILAR TO THIS PROJECT (AS JUDGED BY OWNER) TO BE ELIGIBLE FOR

AWARD OF THIS CONTRACT. A SUCCESSFUL CONSTRUCTION PROJECT IS ONE THAT WAS

COMPLETED ON TIME, WITHIN BUDGET AND IN COMPLIANCE WITH THE DESIGN AND

SPECIFICATIONS.

3.04 Vendor Performance Tracking System

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

Prior work performance with the Owner 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 the Owner, or another state agency may be disqualified. Bidder’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:

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

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

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

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

3.05 Procedures in the Event of Tie

In the case of a tie between two or more Bidders, award will be made in accordance with Texas Government Code, Title 10, Subtitle D. Chapter 2155, Subchapter H. Purchasing Preferences. Bidders shall claim the applicable preference(s) in its response by marking the appropriate preference on the Bid Response Form.

If a tie still exists after review of Preferences claimed by the Bidders, each tie Bidder will be given an opportunity to withdraw their Bid. If two or more bidders do not withdraw their bids, the lowest Bidder will be determined by a coin toss or a series of coin tosses when there are more than two Bidders. If all tie Bidders request to withdraw their bids, no withdrawals will be allowed, and the low Bidder will be determined by a coin toss or a series of coin tosses when there are more than two Bidders. The Contract Manager will preside over the proceedings with two witnesses to oversee the tie-breaking activity.

3.06 Reciprocal Preference Law

Texas law requires that responses from nonresidents from a state that grants resident bidder preferences for that state’s purchases must be reciprocated in the same manner when competing against a bidder residing in Texas. In other words, the State of Texas will respond in kind to resident bidder preferences made by other states.

Reciprocity and resident bidder preferences do not apply when evaluating responses that involve the use of federal funds. The reciprocity preference is only applied during the evaluation process and only in situations where the out-of-state bidder is from a state that has a residency preference. SPD maintains a Summary of Other State Bidder Preference Laws on the CPA website at:

https://comptroller.texas.gov/purchasing/bidder-preference/.

3.07 Required Submittals

Bidders must submit only the documents included in the solicitation package, completed in strict accordance with the provided instructions. While responses to questions within the solicitation forms are required and https://www.txsmartbuy.com/vpts https://comptroller.texas.gov/purchasing/bidder-preference/ expected no changes or alterations to the language, formatting, or content of the forms themselves are permitted.

Any modification of the original documents or submission of unsolicited materials may be deemed non-compliant and could result in bid disqualification.

Qualifications and Past Performance: Submit the Qualifications and Past Performance Form completed in its entirety as one .pdf file

Essential Clauses, Affirmations & Additional Contract Requirements (ECACR): Submit the completed and signed ECACR document in accordance with Section 2.09 Essential Clauses, Affirmations & Additional Contract Requirements

Bid Security: Submit the bid security documentation provided by Bidder in accordance with Section 2.10

– Bid Security

HUB Subcontracting Plan (HSP): Submit the required HSP documentation as one .pdf file in accordance with Section 2.11 – HUB Subcontracting Plan of this IFB. See Required Submittal Forms section for HUB Subcontracting Plan forms and instructions and Exhibit A – Historically Underutilized Business (HUB) Subcontracting Opportunities (Form PWD 0991) & lists of HUB certified vendors by State Class & Item Code

Contractor’s Bid Form (Project Bid Schedule): Submit the completed Contractor’s Bid Form to include pricing, contractor information, and signature.

END SECTION 3

REQUIRED SUBMITTAL FORMS

QUALIFICATIONS AND PAST PERFORMANCE

CONTENTS & INSTRUCTIONS FOR COMPLETING THIS FORM

Complete all fields. Mark “N/A” if not applicable.

A fully executed copy of this form in its entirety along with the requested documents as listed hereon and in IFB Section 3.08, must be submitted vie e-mail to the Contract Manager.

Contents of Qualifications and Past Performance include the following:

Section 1 Company Information Section 2 Financial Capability Section 3 Litigation History Section 4 Related Project Experience

Potential Offeror Attachments:

Certificate of Authority for Out of State Contractors doing business in Texas (Section 1, if applicable) Surety Letter of Intent (Section 2)

SECTION 1. COMPANY INFORMATION

Legal Name of the Company

Principal Place of Business (Corporate Headquarters)

Address:

City, State, Zip:

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

Address:

City, State, Zip:

Mailing Address (if different from above)

Address:

City, State, Zip:

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

Name & Title:

Address:

City, State, Zip:

Email:

Phone:

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

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

From: To: Firm Name:

From: To: Firm Name:

From: To: Firm Name:

Total Number of Years in Business:

Entity Classification

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

YES ☐ NO ☐

Select the Appropriate Ownership Type for your business:

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

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

☐ Partnership ☐ Professional Corporation

☐ Texas Limited Partnership ☐ Out of State Corporation*

☐ Other*: ___________________________________________________________________

*If Bidder is an out of state entity, bidder shall provide a copy of the Certificate of Authority to do business in Texas with the bid.

Owner reserves the right to request documentation of Bidder’s legal name and entity status signed by an authorized representative of the

Bidder clearly indicating the legal name, entity status and capacity and authority of the person signing on behalf of Bidder. Documentation requests may include but are not limited to articles and bylaws, certificate of organization, articles of organization and regulations, joint venture agreements, partnership agreements and certificates of limited partnership and documentation for partner.

END SECTION 1 – COMPANY INFORMATION

SECTION 2. FINANCIAL CAPABILITY

Bidder must provide evidence of financial capability and stability.

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

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

__ NO __ YES If yes, explain.

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

__ NO __ YES If yes, explain.

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

__ NO __ YES If yes, explain.

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

AGENCY COMPANY

Agent Company Name:

Agent Name:

Agent Address:

Agent Email:

Agent Phone No.:

BONDING COMPANY (UNDERWRITER)

Bonding Company Name:

Bonding Agent Name:

Bonding Agent Address:

Bonding Agent Email:

Bonding Agent Phone:

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

CONSTRUCTION CAPABILITIES

Firms Average Annual Construction Volume $

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

Electrical % Utility Lines % Earthwork % Other %

Plumbing % Utility Plants % Site Work % Other %

END SECTION 2 – FINANCIAL CAPABILITY

SECTION 3. LITIGATION HISTORY

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

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

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

__ NO __ YES If yes, explain.

END SECTION 3 – LITIGATION HISTORY

SECTION 4. RELATED PROJECT EXPERIENCE

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

MINIMUM EXPERIENCE REQUIREMENTS

Bidder must meet experience requirements listed in Section 3.03 Minimum Qualifications. General Contractor and/or Subcontractors must also possess licensure from the Texas Board of Plumbing Examiners or Registered Sanitarian, and Journeyman or Master Electrician.

PROJECT EXPERIENCE INFORMATION

Provide information for at least three (3) but no more than five (5) completed projects using one Project Experience Form for each project that demonstrates experience meeting the following criteria.

Projects must have been completed within the last five (5) years. The documentation shall be presented in sufficient detail to demonstrate that that the Bidder is qualified to manage and construct the type of project being solicited.

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

• Commercial Lift Station Septic installation

• Commercial Plumbing Installation (Water, Wastewater, Vent, & Gas), including wastewater treatment plants, lift stations, and dump stations

• Experience as a sanitarian installing septic systems

• Civil utility installation

REFERENCES FOR EACH INCLUDED PROJECT

Provide current contact information on the Project Experience forms for each project owner. References will be contacted by the designated TPWD Contract Manager via email to substantiate the Project Experience provided.

Negative responses or no responses from project reference owners and/or A/E firms that are familiar with Bidder’s performance, depending on problems encountered, may be ground for disqualification.

Information requested may include any combination of the following:

• Owner Name

• Project Title & Location

• Initial Contract Amount

• Final Contract Amount

• Start Date

• Completion Date

• Statement on Quality of Work

• Statement on Job Coordination/Supervision

• Statement on Timeliness

• Statement on Change Order Pricing

• Additional Information (if any)

PROJECT EXPERIENCE FORM 1

Project Name:

Project Location:

Project Owner Company Name:

Project Owner’s Address:

Owner’s Representative for this Project:

Owner’s Representative Phone:

Owner’s Representative Email Address:

Project A/E Company Name:

Project A/E Contact Name:

Project A/E Phone & Email Address:

Original Contract Amount: $

Final Contract Amount: $

Describe Change Orders or other amendments that modified the contract amount.

Project Start Date:

Project Completion Date:

Original Construction Duration:

Final Construction Duration:

Provide a brief explanation for variances and time extensions granted.

Bidder’s Key Personnel for this project, including Project Superintendent

NAME TITLE YEARS W/

BIDDER TOTAL YEARS EXPERIENCE

Bidder’s Major Subcontractors for this Project

NAME COMPANY NAME YEARS W/

Brief Description of the Work

Describe how this Project is comparable to the Work required for this Project

OPTIONAL – Insert Project Photo(s)

PROJECT EXPERIENCE FORM 2

Project Location:

Project Owner Company Name:

Project Owner’s Address:

Owner’s Representative for this Project:

Owner’s Representative Phone:

Owner’s Representative Email Address:

Project A/E Company Name:

Project A/E Contact Name:

Project A/E Phone & Email Address:

Original Contract Amount: $

Original Construction Duration:

PROJECT EXPERIENCE FORM 3

Project Location:

Project Owner Company Name:

Project Owner’s Address:

Owner’s Representative for this Project:

Owner’s Representative Phone:

Owner’s Representative Email Address:

Project A/E Company Name:

Project A/E Contact Name:

Project A/E Phone & Email Address:

Original Contract Amount: $

Original Construction Duration:

PROJECT EXPERIENCE FORM 4

Project Location:

Project Owner Company Name:

Project Owner’s Address:

Owner’s Representative for this Project:

Owner’s Representative Phone:

Owner’s Representative Email Address:

Project A/E Company Name:

Project A/E Contact Name:

Project A/E Phone & Email Address:

Original Contract Amount: $

Original Construction Duration:

PROJECT EXPERIENCE FORM 5

Project Location:

Project Owner Company Name:

Project Owner’s Address:

Owner’s Representative for this Project:

Owner’s Representative Phone:

Owner’s Representative Email Address:

Project A/E Company Name:

Project A/E Contact Name:

Project A/E Phone & Email Address:

Original Contract Amount: $

Original Construction Duration:

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

ESSENTIAL CLAUSES, AFFIRMATIONS & ADDITIONAL CONTRACT REQUIREMENTS

PROJECT MR11973 MOVE DUMP STATION AT BONHAM STATE PARK 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…