ESBD_476721_1765837557476_MR13119_IFB.pdf

INVITATION FOR BIDS – MINOR CONSTRUCTION

SEND INVOICE TO: RETURN BIDS TO BIDDER MUST SIGN BELOW

Joey Speer at:

joey.speer@tpwd.texas.gov

Misty Wyatt at:

misty.wyatt@tpwd.texas.gov

BID Due Deadline:

2:00 PM CT

January 26, 2026

SUBMIT QUESTIONS TO PROJECT NO.: MR13119

copy:

INFcontracting@tpwd.texas.gov

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

Abilene State Park 150 Park Rd 32

Tuscola, TX 79562

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:

MISTY WYATT, CTCD, CTCM

Contract Manager Email: misty.wyatt@tpwd.texas.gov mailto:joey.speer@tpwd.texas.gov mailto:misty.wyatt@tpwd.texas.gov mailto:misty.wyatt@tpwd.texas.gov mailto:INFContracting@tpwd.texas.gov

INVITATION FOR BIDS

1. INTRODUCTION: The Texas Parks and Wildlife Department (TPWD) is soliciting bids for removal, replacement, and installation of new pool pump equipment at Abilene State Park, Taylor County, Texas per the specifications provided herein.

2. TERM OF CONTRACT: All Work shall be completed within ninety (90) calendar days commencing on the date specified in the Authorization to Proceed with Construction Activities.

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 Construction 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 Change Order.

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 visit availability for this project is January 6, 2026, through January 8, 2026. You may schedule your visit during the hours of 8:00 am and 4:30 pm with Craig Simpson, Park Superintendent, at (325) 665-0863 or john.simpson@tpwd.texas.gov. Site is located at 150 Park Road 32, Tuscola, TX 79562.

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 and insurance, and supervision necessary to perform the removal, replacement, and installation of new pool pump equipment as specified in Attachment B – Specifications. All work not specified and/or not shown on the drawings, 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 removal, replacement, and installation of new pool pump equipment.

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 between the hours of 8:00 am and 7:00 pm, Monday through Friday.

Other workdays require advanced approval of the TPWD Project Manager.

4.2. Work Schedule: Contractor shall begin work as specified in the Authorization to Proceed with Construction Activities with all services to be completed within ninety (90) calendar days. 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 C – Contractor’s Qualifications Form. Failure to properly complete and provide Attachment C – 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 have five (5) years’ experience in Commercial Pool Maintenance & Installation. Contractor must show evidence of at least three (3) successful Commercial Pool Maintenance & 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, measured backwards from the issue date of this solicitation. Include a project description, contact names, position, company name, telephone number and email address for each reference listed. TDLR Licensed Electrician (Master or Journeyman) is 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, water, heat, utilities (unless otherwise specified in the Specifications), 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.

6.13. Contractor shall submit a project submittal register that includes Shop Drawings, manufacturer’s literature, guarantees and all other items identified in the Contract Documents or as requested by TPWD.

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 Attachment A Conditions of the Contract – General Terms and Conditions for Minor Construction 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 Conditions of the Contract , Para. 10.

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.

11.4. The certificate of insurance and corresponding endorsements shall be sent to: Contract Manager, Misty Wyatt via email at misty.wyatt@tpwd.texas.gov and copy INFcontracting@tpwd.texas.gov.

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

EVENT DATE

IFB Issue Date December 15, 2025 Non-Mandatory Site Visit January 06-08, 2026 Deadline for Submission of Questions: 5:00 PM CST, January 12, 2026 Deadline for Submission of Bids: 2:00 PM CST, January 26, 2026 Anticipated Contract Start Date February 2026

13. INQUIRIES: All inquiries shall be submitted in writing by email to TPWD’s point of contact.

13.1. CONTACT: All requests, questions, or other communications about this Solicitation shall be made in writing to TPWD’s Infrastructure Division, addressed to the following person:

Misty K. Wyatt, Contract Manager Texas Parks & Wildlife Department Email: misty.wyatt@tpwd.texas.gov

And copy:

INFcontracting@tpwd.texas.gov

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

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

13.3. 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 mailto:misty.wyatt@tpwd.texas.gov mailto:INFcontracting@tpwd.texas.gov mailto:INFcontracting@tpwd.texas.gov potential Bidder or their representative(s), except for the written inquiries described above. Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify 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.

14. ADDENDA: TPWD reserves the right to issue addenda at any time prior to the bid opening. Receipt of all addenda to this IFB shall be acknowledged by returning a signed copy of the signature page of each addendum with the response. Bidder’s failure to acknowledge receipt of addenda may result in rejection of its bid.

14.1. Any amendment to this procurement solicitation will be posted as an addendum on the Electronic State

Business Daily (ESBD). It is the responsibility of interested parties to periodically check the ESBD for updates to the solicitation prior to submitting proposals. Bidder’s failure to periodically check the ESBD will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the requirements of the IFB.

15. 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 with their bid. 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 and insurance 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.

16. 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:

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

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

16.3. 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.

17. COMPENSATION AND FEES: Bidders shall provide an Attachment D – Bid Schedule with their bid. 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.

18. TPWD TERMS AND CONDITIONS (Attachment A): Any bids not accepting the attached General Terms and Conditions for Minor Construction may be disqualified.

19. BID RESPONSE INSTRUCTIONS:

19.1. Bid Submission:

19.1.1. Submission Deadline: All bids shall be received by electronic mail (email) to no later than 2:00 PM Central Time on the “Bid Due” date specified on the IFB Cover Page (page 1). Late bids will not be considered under any circumstance.

19.1.2. 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.

19.1.3. Bid Delivery: Bids shall be submitted to TPWD via electronic mail (email) to misty.wyatt@tpwd.texas.gov and copy INFcontracting@tpwd.texas.gov. The subject line shall include the bid opening date and project number.

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

19.2. 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.

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

19.2.2. Attachment C – Contractors Qualification Form

19.2.3. Attachment D – Bid Schedule

19.2.4. Addenda: Respondent shall include signed and dates addendum(s) with their response submission.

20. EVALUATION AND AWARD:

20.1. 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.

20.2. 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.

20.3. 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.

20.4. 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.

20.5. 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.

20.6. Award: TPWD will award a Contract to the 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 Conditions of the Contract – General Terms and Conditions for Minor Construction, Para.

3.

21. DELIVERY AND ACCEPTANCE:

21.1. 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.

21.2. 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.

mailto:misty.wyatt@tpwd.texas.gov mailto:INFcontracting@tpwd.texas.gov http://www.txsmartbuy.com/vpts

21.3. 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.

22. WAGE RATES:

22.1. 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 A Conditions of the Contract - Wage Rates. 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.

22.2. 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

23. 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.

24. 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.

24.1. 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.

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

25. INVOICING AND PAYMENT: The following procedures apply to invoicing and payment in addition to those listed in the Attachment A Conditions of the Contract – General Terms and Conditions for Minor Construction, Para. 10:

25.1. Contractor to submit invoice(s) to:

Joey Speer Division Project Manager/RMS joey.speer@tpwd.texas.gov

With a Copy to:

Misty Wyatt, CTCD, TCM Contract Manager

25.2. Invoices must show:

25.2.1. Name of Contractor exactly as shown on the contract, Texas Payee Identification Number (PIN), and correct "Remit to" address mailto:joey.speer@tpwd.texas.gov

25.2.2. Name of receiving entity

25.2.3. Contract/purchase order number

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

25.2.5. Total price

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

25.2.7. Attach supporting documentation, if require

25.3. Payment:

25.3.1. 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.

25.3.2. 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.

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

25.3.4. 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:accounts.payable@tpwd.texas.gov

Attachment A-Conditions of the Contract

GENERAL TERMS AND CONDITIONS FOR MINOR CONSTRUCTION

SEPTEMBER 2025

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

Any Contract (Purchase Order) awarded as a result of this solicitation will contain the general terms and conditions listed below in this Section. Subcontractors, if utilized, are also obliged to comply with these provisions.

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

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

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

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

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

1.5. Owner: The Texas Parks and Wildlife Department (TPWD), an agency of the State of Texas.

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

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

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

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

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

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

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

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

2. SPECIFICATIONS:

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

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

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

2.4. Samples, when requested, must be furnished free of expense to the State. If not destroyed in examination, they will be returned to the respondent, on request, at respondent's expense. Each sample should be marked with respondent's name and address, and requisition number. Do not enclose in or attach response submission to sample.

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

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

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

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

3.2. This procurement will be conducted in accordance with the State Purchasing Act, Title 10, Subtitle D, Chapters 2151 through 2177, and Chapter 2269 of the Texas Gov’t Code (TGC) and TPWD rules, as applicable. Any contract resulting from this procurement shall consist of one (1) document. This document will contain all of the rights and duties of the parties extracted from the relevant terms and conditions of this solicitation (including its attachments, exhibits, supplements, and addenda); the successful Contractor’s response; any TPWD request for a Best and Final Offer; and any successful Contractor’s Best and Final Offer, if applicable.

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

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

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

3.3.3. Effect of the proposed solution on agency productivity.

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

3.3.5. Experience in successfully providing services in this solicitation.

3.3.6. Past Performance: A Respondent’s past performance will be measured based upon pass/fail criteria in compliance with applicable provisions of Gov't Code §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125. Respondents may fail this selection criterion for any of the following conditions:

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

System,

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

Accounts (CPA),

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

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

3.3.7. Contractor performance information is located on the CPA web site at:

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

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

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

6. CONTRACT TIME: TIME IS AN ESSENTIAL ELEMENT OF THE CONTRACT. The Contract Time is the time between the dates indicated in the Notice to Proceed or Authorization to Proceed with Construction Activities for commencement of the Work and for achieving completion. The Contract Time can be modified only by Change Order. Failure to achieve completion within the Contract Time as otherwise agreed to in writing will cause damage to TPWD and may subject Contractor to liquidated damages as provided in the Contract Documents.

6.1 Contractor is accountable for completing the Work within the Contract Time stated in the Contract, or as otherwise amended by Change Order.

http://www.txsmartbuy.com/vpts

6.2 TPWD may collect liquidated damages due from Contractor directly or indirectly by reducing the Contract Sum in the amount of liquidated damages stated in the Contract Documents.

7. DELIVERY:

7.1 Contractor shall state in writing the number of days required to place material in TPWD’s designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified.

Failure to state delivery time obligates respondent to deliver in 14 calendar days. Unrealistic delivery promises may cause solicitation to be disregarded.

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

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

7.4 Substitutions: No substitutions permitted without prior written approval of TPWD.

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

8. TESTING AND INSPECTION:

8.1 All construction shall be subject to tests and inspections at all reasonable times and at all places prior to acceptance. TPWD may test and inspect services provided under the Contract to ensure compliance with the specifications of this solicitation and the Contract. TPWD may also test and inspect goods and services before they are purchased under the Contract. Authorized TPWD personnel shall have free access to the Contractor’s supplies, equipment, and work product at all times for inspection and audit. Contractor shall provide TPWD with all necessary assistance during inspections and/or audits.

8.2 To the extent practical, TPWD inspections will not disrupt the Contractor’s daily operations. Contractor shall notify TPWD when work is ready for inspection or testing. It shall be the Contractor’s responsibility to give such notifications sufficiently in advance of other work to prevent delays. A minimum of five (5) working days advance notice is required. Failure to provide advanced notice shall cause any certifications of testing to be void and require the Contractor to re-test at TPWD’s request.

All expenses for re-testing shall be borne by the Contractor.

8.3 Tests cannot be conducted, and work cannot be covered up until TPWD observes and authorizes continuation of the work. The Contractor shall bear all costs for re-tests and for removal and replacement of construction resulting from unauthorized continuation. Should TPWD fail to make the necessary inspections within the agreed timeframe, the Contractor may proceed with cover-up work after making every reasonable effort to contact TPWD and after documenting the work but is not relieved of responsibility for work to comply with requirements of the contract.

8.4 If applicable, all permanent utilities shall be connected before final tests are conducted for equipment and systems. Final operational tests shall be conducted prior to project acceptance by TPWD. The Contractor shall provide the materials, energy, equipment and personnel to conduct the tests required in the contract. If TPWD rejects materials that have been incorporated into the Project, any testing performed to prove compliance will be at the expense of the Contractor.

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

10. INVOICING AND PAYMENT:

10.1 Invoices: In order to receive payment under the Contract, the Contractor must submit an original invoice to TPWD, which will be designated in the purchase order as the "Bill To" address. To be a proper invoice that may be accepted and paid, the invoice must include the following information and/or attachments: (1) Name and address of the Contractor. (2) The Contractor's Texas Identification Number (TIN). (3) The Contractor's invoice remittance address. (4) The purchase order number authorizing the delivery of products or services. (5) A description of what the Contractor delivered, including, as applicable, the time period, serial number, unit price, quantity, and total price of the products and services. If the invoice is for a lease, the Contractor must also include the payment number (e.g., 1 of 36).

10.1.1 If required by TPWD, the Contractor shall submit other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of claims arising out of the contract, to the extent and in such form as may be designated by TPWD.

10.1.2 TPWD may reduce any invoice prior to payment to the extent necessary to protect TPWD from loss on account of actions of the Contractor, including, but not limited to: (1) defective work not remedied; (2) damage to work of a separate contractor; (3) failure to maintain scheduled progress; (4) failure to comply with the requirements of Texas Gov’t Code Chapter 2258; (5) for Contracts with a value of less than $25,000 for which no payment bond is posted, receipt of written notice by TPWD of unpaid bills, filed in conformance with § 53.232, Texas Property Code. Any funds so withheld shall be released to the Contractor if they furnish a bond or release of lien as provided in § 53.236, Texas Property Code; (6) failure to maintain a current record set of "As-Built" documents on site; and/or (7) failure to maintain or to allow TPWD's inspection of payroll records.

10.2 Disputed Invoices: As stated above, the Contractor will receive notice of an error in an invoice submitted for payment by not later than the 21st day after the date the invoice was received by the TPWD. If an invoice dispute is resolved in favor of the Contractor, the Contractor is entitled to receive interest on the unpaid balance of the invoice, beginning on the date the invoice became overdue, pursuant to Gov't Code §2251.021. If a dispute is resolved in favor of the TPWD, the Contractor shall submit a corrected invoice that must be paid in accordance with Section 2251.021. The unpaid balance accrues interest if the corrected invoice is not paid by the appropriate date.

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

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

12. PROHIBITION ON LOBBYING: The Respondent represents and warrants that TPWD’s payments to

Respondent and Respondent’s receipt of appropriated funds or other funds under the contract are not prohibited by Sections 556.005 or 556.0055 of the Texas Government Code. Furthermore, the Respondent shall comply with the provisions of a federal law known generally as the Lobbying Disclosure Act, 2 U.S.C.

§1601 et seq. By submitting a Bid/Proposal, the Respondent certifies that it shall not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. §1352. It also certifies that the Respondent shall disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award by completing and submitting Standard Form LLL.

13. ANTI-TRUST AND ASSIGNMENT OF CLAIMS: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, firm, partnership or individual engaged in the same line of business as the Respondent.