ESBD_496042_1773932604368_802-26-75669 Live Oak County Boat Storage Space Lease.pdf

INVITATION FOR BID

RETURN BIDS TO: BIDDER MUST SIGN BELOW:

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

Austin, Texas 78744

Purchasing.bidbox@tpwd.texas.gov Or

TPWD – Purchasing and Contracting 4200 Smith School Road

Austin, TX 78744

Bid Due By Deadline:

2:00 pm CST; _________________

AUTHORIZED SIGNATURE DATE

FAILURE TO SIGN WILL DISQUALIFY BID

DESTINATION IF DIFFERENT THAN ABOVE: QUESTIONS – SEND EMAIL TO: Page 1 of 14 See specifications

Purchasing.bidbox@tpwd.texas.gov Solicitation-IFB No. 802-26-75669

By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas bidder as defined in Title 34 TAC Rule 20.32(68). FAILURE TO SIGN THE BID ABOVE WILL DISQUALIFY BID. Bidder agrees to comply with all conditions of this bid. Show bid due date and Requisition number on sealed bid envelop and show return address of firm.

BID F.O.B. AGENCY RECEIVING ADDRESS UNLESS OTHERWISE SPECIFIED BELOW.

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). Bidder agrees to comply with all conditions of this bid. Show bid due date and Requisition number on sealed bid envelop and show return address of firm. Pursuant to Executive Order GA-48 of the Governor of Texas: Respondent certifies that neither it, nor its holding companies or subsidiaries is: (a) Listed in Section 889 of the 2019 National Defense Authorization Act; (b) Listed in Section 1260H of the 2021 National Defense Authorization Act; or (c) Owned by the government of a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R. Section 791.4; or (d) Controlled by any governing or regulatory body located in a country on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R.

Section 791.4.

Bidder must fill in: (See instructions for Texas ID Number in General Terms & Conditions, Paragraph 1.6)

TEXAS ID NUMBER _____________________________________

Name of Firm _____________________________________ Street Address _____________________________________ City-State-Zip _____________________________________ Telephone No. _____________________________________ Email address ______________________________________

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

Item Description Class/Item 971-70 Qty Unit Monthly Price

Extension (Monthly

Price x Qty) 1 Texas Parks and Wildlife Department (TPWD) is soliciting bids for one (1) enclosed boat storage space of approximately 3,120 total square feet located in close proximity of Choke Canyon Reservoir and Lake Corpus Christi, in Live Oak County.

36 Months $ $

Facility Street Address (if different from Firm’s address above):

Offered by a Vet/Historically Underutilized Business certified by CPA.

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

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

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

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

□ Agricultural products grown in Texas

□ Agricultural products offered by a Texas bidder

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

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

□ Texas Vegetation Native to the Region

□ USA produced supplies, materials or equipment

□ Products of persons with mental or physical disabilities

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

□ Energy Efficient Products

□ Rubberized asphalt paving material

□ Recycled motor oil and lubricants

□ Products produced at facilities located on formerly contaminated property

□ Products and services from economically depressed or blighted areas

□ Vendors that meet or exceed air quality standards

□ Recycled or Reused Computer Equipment of Other Manufacturers

□ Foods of Higher Nutritional Value

FOR FURTHER INFORMATION CONTACT PURCHASER:

AMBER DAVIS, CTCD CTCM Email: Purchasing.bidbox@tpwd.texas.gov

April 2, 2026 mailto:Purchasing.bidbox@tpwd.texas.gov

BOAT STORAGE SPACE LIVE OAK COUNTY, TEXAS

LEASE SPECIFICATIONS

SOLICITATION NO. 802-26-75669

1. Texas Parks and Wildlife Department (TPWD) is soliciting bids for one (1) enclosed boat storage space of approximately 3,120 total square feet located in close proximity of Choke Canyon Reservoir and Lake Corpus Christi, in Live Oak County in accordance with the following specifications.

1.1. Storage space shall meet or exceed the following:

A. One (1) enclosed garage style boat storage space

1) Open floor plan

2) Minimum ceiling height of fourteen (14) feet

3) Approximate width of thirty-nine (39) feet

4) Approximate depth of eighty (80) feet

5) Dimensions are to ensure clearance of vessels when backed into facility.

6) Minimum of four (4) Garage-style roll up doors to meet the following requirements

a. Minimum height of twelve (12) feet

b. Minimum width of twelve (12) feet

c. Located adjacent to each other

d. Constructed of painted aluminum

e. Lockable with locks issued by facility and keyed alike

B. Enclosed space shall have a minimum of one (1) 110-volt power outlet inside. Storage space must have electrical wiring of adequate amperage capable of simultaneously powering overhead lights and power outlets running small hand tools.

C. Space must have a minimum of one (1) overhead light per area to adequately illuminate the entire area.

D. Flooring shall consist of concrete capable of supporting heavy vehicles, boats, trailers, and equipment.

E. Shall not be susceptible to flooding in severe weather conditions.

1.2. Driveway and apron shall consist of all-weather material capable of supporting heavy vehicles and trailers in wet weather conditions to accommodate ingress and egress of vessels ten (10) feet wide x sixty (60) feet long x twelve (12) high.

1.3. Facility shall include the following:

A. Secure gated facility with accessibility twenty-four (24) hours/seven (7) days a week.

B. Adequate indoor lighting to promote a safe working environment.

C. Adequate dusk to dawn outdoor lighting to promote safe working environment.

D. Lessor shall pay all monthly electric and water utility bills and include in rental cost.

E. Lessor shall be responsible for maintaining lockable properly functioning doors and remain functional during power outages.

F. Lessor shall be required to respond on-site within two (2) hours of agency reporting an emergency issue, including but not limited to power outages.

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G. Lessor shall be required to respond on or before the next business day for non-emergency service calls.

2. Lease Term: Lease shall be for a thirty-six (36) month period beginning May 1, 2026, or upon award, whichever is later, through April 31, 2029.

3. Renewal Option: By mutual agreement between Lessee and Lessor, this lease may be renewed for two (2) additional one (1) year periods, under the same Terms and Conditions, plus any approved changes allowed per the executed lease. Requests for renewal will be emailed to lessor approximately 60 days in advance of renewal date.

4. Termination: The contract shall terminate upon full performance of all requirements contained in the contract, unless otherwise terminated, extended or renewed, as provided in accordance with the contract terms and conditions. TPWD shall provide sixty (60) day notice if terminating for convenience.

TPWD will be liable for payments limited only to the date of termination.

5. Payment: With the exception of September, Lease payments are made in advance at beginning of each month.

5.1. Due to fiscal year funding rollover process, payment for the month of September will be made no later than the 15th of the month.

5.2. Late Payments will incur interest in accordance with the State of Texas Prompt Payment Act.

6. Liability Insurance: As a state agency, TPWD is essentially self-insured. TPWD is protected by sovereign immunity from certain types of claims. Meritorious claims that are not barred by sovereign immunity are paid by TPWD from funds appropriated to TPWD by the Texas Legislature, or by special appropriation. Such claims may be subject to certain statutory limits.

7. Lessor Insurance: Lessor is required to maintain insurance coverage per Solicitation Terms and Conditions, Paragraph 19, of this document. Lessor shall furnish to TPWD, for this approval, a Certificate of Insurance as proof that the required insurance is in full force and effect within ten (10) days of contract award. Document shall be emailed to TPWDLeasing@tpwd.texas.gov.

8. Inquiries:

8.1. Contact: All requests, questions, or other communications about this Solicitation shall be made in writing to TPWD’s Purchasing Department, addressed to the following person:

Amber Davis, CTCD/CTCM, at purchasing.bidbox@tpwd.texas.gov

8.2. Clarifications: TPWD will allow written requests for clarification of this Solicitation. Questions may be emailed to the point of contact listed in Section 8.1. above. Questions should be submitted in the following format: a) Solicitation number, b) Section number, page number, paragraph number, and text passage being questioned, and c) Question. All requests must be submitted at least 24 hours in advance of the Bid Due Deadline date and time listed on page 1 of this Solicitation to give time for response.

8.3. Prohibited Communications: Upon issuance of this solicitation, TPWD, its representatives, or partners, will not answer questions or otherwise discuss the content of this Solicitation with any potential Respondent or their representative(s), except for written inquiries described in Section

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

9. Bid Response Instructions:

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9.1. Bid Submission:

A. Submission Deadline: All bids shall be received and time stamped at TPWD prior to 2:00

PM Central Standard Time (CST) on the Bid Due Deadline date specified on the IFB Cover Page (Page 1). Late bids will not be considered under any circumstances and will be returned.

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

C. Bid Delivery: Bids may be returned via email to Purchasing.BidBox@tpwd.texas.gov, mail, or hand delivered.

D. Bids submitted by mail or hand-delivery should be placed in a sealed envelope and correctly identified with IFB Solicitation number and Bid Due Deadline date and time. It is the Bidder’s responsibility to appropriately mark and deliver the bids to TPWD by the specified date and time.

E. Respondents are responsible for all costs of bid preparation.

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

A. Bid Form – Respondent must submit the IFB form (Page 1) signed, dated, and completed.

Failure to submit this required document and information will result in disqualification of bid.

9.3. Response Period: Responses shall be binding for a period of sixty (60) business days from Bid Due date.

10. Evaluation and Award: TPWD reserves the right to award a contract to the bidder who best responds to and meets the above specifications and is considered Best Value to TPWD, pricing, and other factors considered.

10.1. Evaluations are expected to be completed within ten (10) days of Solicitation Bid Due Deadline.

10.2. Site Inspection: TPWD reserves the right of inspection and may reject location based on neighborhood crime rates and adverse building conditions, including but not limited to general cleanliness, odors, pests, insects, or other problems relating to improper extermination or any other condition that would create unsanitary or unsafe conditions. TPWD will coordinate site inspection with Respondent during evaluation period if necessary.

10.3. The following factors may be used to evaluate bids:

A. Lowest Price

B. Ability, Qualification and Experience – Meeting or Exceeding the Requirement

C. Delivery/Service Schedule

D. Past Performance

E. Location in proximity to specified area

11. Bidder Affirmations:

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

11.2. Pursuant to Texas Government Code, Tile 10, Subtitle D, Section 2155.004(a), the bidder has not received compensation for participation.

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GENERAL TERMS AND CONDITIONS - LEASES

Revised January 2026

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

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

1.2. Lessor: The individual, corporation, company, partnership, firm, or organization that is leasing the premises and/or equipment to TPWD.

1.3. Respondent: The individual, corporation, company, partnership, firm, or organization that submits a response to TPWD’s solicitation. The Respondent awarded the lease contract by TPWD will become the Lessor.

1.4. Services: Lessor’s act of leasing the premises and/or equipment to TPWD, and any actions by Lessor taken to accomplish that act.

1.5. Subcontractor: Any supplier, distributor, contractor, person, or firm furnishing to the Lessor, materials or services necessary or incidental to the performance of the contract between TPWD and Lessor.

1.6. Texas Identification Number (TIN): 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 Social Security Number (SSN). The 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, IFB or RFQ response.)

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

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

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

1.10. CST: Central Standard Time

1.11. Vendor: also referred to as Lessor

1.12. VPTS: Vendor Performance Tracking System, which is available online at https://www.txsmartbuy.gov/vpts.

2. SPECIFICATIONS: Respondent agrees that it will provide the services described in and meet the requirements of the Lease Specifications. TPWD will determine the answers to all questions regarding interpretation of the Lease Specifications. All questions will be emailed to Purchasing.bidbox@tpwd.texas.gov referencing the appropriate requisition number. Questions and responses will be posted to ESBD.

3. EVALUATION OF SUBMITTED RESPONSES AND AWARD OF LEASE CONTRACT:

3.1. This procurement will be conducted in accordance with the State Purchasing Act, Chapters 2151 through

2177 of the Texas Government Code (TGC) and TPWD rules.

3.2. A Respondent’s response to the solicitation is an offer to contract with TPWD based on the terms, conditions and specifications contained in the solicitation. If the response is accepted, TPWD will issue a lease contract.

The lease contract will contain all of the rights and duties of the parties, including this solicitation (including its attachments, exhibits, supplements, and addenda); the successful Respondent’s response; any TPWD request for a Best and Final Offer; and the successful Respondent’s Best and Final Offer, if applicable.

3.3. Best Value – TPWD will be the sole judge of best value. Contract awards will be based on Best Value criteria;

such criteria may include, but are not limited to:

IFB 802-26-75669 Page 5 of 14 http://www.txsmartbuy.gov/esbd https://www.txsmartbuy.gov/vpts

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

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

c. Effect of the proposed solution on agency productivity.

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

e. Experience in successfully providing services in this solicitation.

3.4. As a part of the evaluation process for contract awards and in compliance with the provisions of TGC Section 2155.074, Section 2155.075, Section 2156.007, Section 2157.003 and Section 2157.125, and Texas Administrative Code, Title 34, Part I, Chapter 20, Section 20.108, information obtained from Comptroller of Public Account’s (CPA’s) Vendor Performance Tracking System may be used in the evaluation responses to solicitation for goods and services to determine the best value for the State. The Vendor Performance Tracking System can be located on the CPA website at: www.txsmartbuy.gov/vpts.

Past performance: A Respondent’s past performance will be measured based upon pass/fail criteria, in compliance with applicable provisions of TGC §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125.

Respondents may fail this selection criterion for any of the following conditions:

a. A score of less than 90% in the Vendor Performance System.

b. Currently under a Corrective Action Plan through the CPA.

c. Having repeated negative Vendor Performance Reports for the same reason.

d. Having contracts that have been cancelled in the previous 12 months for non-performance (i.e., late delivery, etc.). Contractor performance information is located on the CPA web site at.

3.5. Any exceptions to the solicitation submitted by a Respondent do not become part of the lease contract unless expressly agreed to in writing by TPWD. If any Respondent takes a ‘blanket exception’ to the entire solicitation or does not provide proposed alternative language, the Respondent’s response may be disqualified from further consideration.

4. PAYMENT: Lease payments will be made in accordance with the Texas Prompt Payment law, TGC Chapter 2251.

5. DISPUTE RESOLUTION: The dispute resolution process provided for in TGC Chapter 2260 shall be used by TPWD and the Lessor to resolve all disputes arising under the lease contract.

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

7. FRAUD, WASTE, AND ABUSE: By submitting a Response to this Solicitation, the Respondent represents and warrants that it has read and understood and shall comply with CPA’s Anti-Fraud Policy, found at:

https://comptroller.texas.gov/about/policies/ethics.php, as such Policy currently reads and as it is amended throughout the term of the Contract.

8. LESSOR’S RESPONSIBILITIES:

8.1 Lessor agrees to comply with all terms and conditions contained in the lease contract.

8.2 Lessor agrees to obtain any necessary licenses and permits to accomplish its responsibilities under the lease contract.

8.3 Lessor agrees to take commercially reasonable precautions to protect persons or property against injury or damage and be responsible for such injury or damage if caused by Lessor’s negligence or willful misconduct.

8.4 Lessor shall provide all labor, equipment, and materials (unless otherwise stated herein) necessary to perform any services under the lease contract. All of Lessor’s employees shall be a minimum of 17 years of age and experienced in the type of work to be performed.

8.5 Lessor shall promptly make any repairs to the premises and/or equipment if not caused by TPWD’s negligence or willful misconduct.

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9. NAME CHANGES AND SALES: If the Lessor changes its name or is sold to another entity, it must provide written notification to TPWD. The Lessor, 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 comply with the lease contract. TPWD may request other information about the change and its impact on the lease contract, and the Lessor shall supply the requested information within five (5) working days of receipt of the request.

TPWD may terminate the lease contract due to a sale of or change to the Lessor that materially alters the Lessor's ability to comply with the lease contract. TPWD has the sole discretion to determine if termination is appropriate under this section.

10. INDEPENDENT CONTRACTOR: The lease contract shall not render the Lessor an employee, officer, or agent of TPWD for any purpose. The Lessor is and shall remain an independent contractor in relationship to TPWD. The Lessor is responsible for paying all necessary unemployment and workers compensation insurance for its employees.

11. RIGHT TO AUDIT: Lessor understands that acceptance of funds under the lease contract acts as acceptance of the authority of the State Auditor’s Office, TPWD, or any successor agency, to conduct an audit or investigation in connection with those funds. Lessor further agrees to cooperate fully with the above parties or other authorized agents of the State of Texas in the conduct of the audit or investigation, including providing all records requested.

Lessor shall maintain and retain supporting fiscal and any other documents relevant to showing that any payments under the lease contract were expended in accordance with the laws and regulations of the State of Texas, including but not limited to, requirements of the Comptroller of the State of Texas and the State Auditor. Lessor shall maintain all such documents and other records relating to the lease contract and any State property for a period of four (4) years after the date of submission of the final invoices or until a resolution of all billing questions, whichever is later.

Lessor shall make available at reasonable times and upon reasonable notice, and for reasonable periods, all documents and other information related to the work of the lease contract. Lessor shall ensure that this paragraph concerning the State’s authority to audit funds received indirectly by subcontractors through Lessor and the requirement to cooperate is included in any subcontract it awards

12. FORCE MAJEURE: TPWD may grant relief from performance of the lease contract if the Lessor is prevented from performance caused by force majeure. Force majeure is defined as acts of God, fire, explosions, hurricanes, floods, epidemics, or pandemics, national or regional emergency, failures of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. The burden of proof for the need of such relief shall rest upon the Lessor. To obtain release based on force majeure, the Lessor shall file a written request with TPWD.

13. TERMINATION: The lease contract shall terminate at the end of the lease term unless otherwise extended or renewed as provided in accordance with the contract terms and conditions.

13.1 Termination for Convenience: TPWD and Lessor reserve the right to terminate the lease contract at any time for convenience, in whole or in part, by providing sixty (60) calendar days advance written notice of intent to terminate. TPWD will be liable for payments limited only to the date of termination; if the date of termination occurs during the middle of a payment term, TPWD will be liable only for the prorated portion of that term.

Termination under this paragraph shall not relieve the Lessor of any obligation or liability that has occurred prior to cancellation.

13.2 Termination for Default: TPWD may, by written notice of default to the Lessor, terminate the lease contract, in whole or in part, for cause if the Lessor fails to perform in full compliance with the contract requirements, through no fault of TPWD. TPWD will provide a thirty (30) day written notice of termination to the Lessor of intent to terminate, and TPWD will provide the Lessor with an opportunity for consultation with TPWD prior to termination.

a. If TPWD terminates the lease contract under this section, the defaulting Lessor will not be considered in any re-solicitation of the lease contract and may not be considered in future lease solicitations, unless the specifications or scope of work is significantly changed.

13.3 The rights and remedies of TPWD provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under the lease contract.

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13.4 Upon termination, TPWD and the State of Texas shall not be liable to Lessor for any damages, claims, losses, or any other amounts arising from or related to any such termination. However, Lessor may be entitled to seek the remedies provided in TGC Chapter 2260.

14. TAXES: Purchases made for state uses are exempt from Texas State Sales Tax and Federal Excise Tax. An Excise Tax Exemption Certificate will be furnished upon written request to TPWD.

15. PUBLIC DISLCOSURE: No public disclosures or news releases pertaining to this solicitation, or the lease contract shall be made without prior written approval of TPWD.

16. CONFIDENTIALITY AND SECURITY: The Lessor should not receive any sensitive or confidential information under the Contract. Any information the Lessor compiles or creates as a result of the Contract must be maintained and protected in accordance with any federal, state, or local laws and regulations that apply. The Lessor shall establish a method to secure the confidentiality of records and other information relating to clients in accordance with applicable federal and state laws, rules, and regulations. The obligations of the Lessor under this Confidentiality and Security Article shall survive this Contract and shall be included in all subcontracts.

17. APPLICABLE LAWS AND STANDARDS: The lease contract shall be governed by and construed in accordance with the laws of the State of Texas. The venue of any suit arising under the lease contract is fixed in any court of competent jurisdiction of Travis County, Texas. The Lessor must comply with all laws, regulations, requirements and guidelines applicable to a contractor providing services to the State of Texas as these laws, regulations, requirements and guidelines currently exist and as they are amended throughout the term of the lease contract.

TPWD reserves the right, in its sole discretion, to unilaterally amend the lease contract throughout its term to incorporate any modifications necessary for TPWD or Lessor’s compliance with all applicable State and federal laws and regulations.

18. NO WAIVER: Nothing in the lease contract shall be construed as a waiver of the state’s sovereign immunity. The lease contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under the lease contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppels. TPWD does not waive any privileges, rights, defenses, or immunities available to TPWD by entering into a lease contract or by its conduct prior to or subsequent to entering into the lease contract.

19. INSURANCE: Lessor is required to maintain the following insurance coverage and provide TPWD current certificates upon request:

19.1 Standard Workers Compensation Insurance covering all employees who will provide services under the lease contract; and

19.2 Commercial General Liability Insurance and personal injury of reasonable and commercially prudent limits.

19.3 All of the above coverage must be with companies licensed in the state of Texas with an “A” rating from A.M.

Best and Company and authorized to provide the corresponding coverage. All policies must contain endorsements prohibiting cancellation except upon at least thirty (30) days prior written notice to TPWD.

Lessor shall provide TPWD with executed copies of the policies above immediately upon request.

19.4 LESSOR AGREES TO RELEASE AND INDEMNIFY TPWD FROM AND AGAINST ANY AND ALL

LIABILITY RELATED TO INJURIES TO EMPLOYEES OF LESSOR OR A SUBCONTRACTOR RELATED

TO PERFORMANCE UNDER THE LEASE CONTRACT IF NOT DUE TO TPWD’S NEGLIGENCE OR

WILLFUL MISCONDUCT.

Type of Insurance Each Occurrence/Aggregate

Commercial General Liability General Aggregate Applies Per Project

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

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20. SEVERABILITY: In the event that any provision of the lease contract is later determined to be invalid, void, or unenforceable, then the remaining terms, provisions, covenants, and conditions shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated.

21. BUY TEXAS: For service contracts, TGC §2155.4441 requires contractors, in performing the services, to purchase products and materials produced in this state when they are available at a price and time comparable to products and materials produced outside this state.

22. AMENDMENTS: Except as provided in Section 17, Applicable Laws and Standards, the lease contract may be amended only upon written agreement between TPWD and Lessor unless otherwise agreed in writing or as described herein; however, any amendment of the lease contract that conflicts with the laws of the State of Texas shall be void.

23. INDEMNIFICATION: LESSOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, ITS OFFICERS, AND EMPLOYEES, AND TPWD, ITS OFFICERS, AND EMPLOYEES AND CONTRACTORS, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COURT COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR OMISSIONS OF LESSOR OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER OF LESSOR IN THE EXECUTION OR PERFORMANCE OF

THE LEASE CONTRACT. LESSOR SHALL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY

GENERAL AS REQUESTED BY TPWD.

THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRE LESSOR TO INDEMNIFY OR HOLD HARMLESS THE STATE OR TPWD FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OR WILLFUL MISCONDUCT OF TPWD OR ITS EMPLOYEES.

23.1 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.

24. SYSTEM FOR AWARD MANAGEMENT (SAM): Prior to awarding state funds for goods and/or services rendered, the State of Texas will conduct a required search for records involving the Respondent using the Federal System for Award Management (SAM). This is a federal government-maintained database that records and tracks organizations, either known to or suspected of contributing to terrorist organizations. No state funds may be paid to an individual or firm whose name appears on this list. TPWD reserves the right, in its sole discretion, to deny and/or exclude any Respondent whose name appears on this list from a contract award.

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

26. DEPARTMENT OF HOMELAND SECURITY’S E-VERIFY SYSTEM: By entering into the lease contract, the Lessor certifies and ensures that it utilizes and will continue to utilize, for the term of the lease contract, the U.S. Department of Homeland Security’s E-Verify system to determine the eligibility of:

26.1 All persons employed to perform duties within Texas, during the term of the lease contract; and all persons (including subcontractors) assigned by the Lessor to perform work pursuant to the lease contract, within the United States of America.

26.2 The Lessor shall provide, upon request of TPWD, an electronic or hardcopy screenshot of the confirmation or tentative non-confirmation screen containing the E-Verify case verification number for attachment to the Form I-9 for the three most recent hires that match the criteria above, by the Lessor and Lessor’s subcontractors, as proof that this provision is being followed. If this certification is falsely made, the lease contract may be immediately terminated, at the discretion of the State and at no fault to the State, with no prior notification.

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The Lessor shall also be responsible for the costs of any re-solicitation that the State must undertake to replace the terminated lease contract.

27. SUBCONTRACTORS: No subcontracting opportunities are available.

28. PROTEST PROCEDURES: Any actual or prospective Respondent who is aggrieved in connection with this solicitation, evaluation, or award of any contract resulting from this solicitation may formally protest as provided in TPWD’s rules at Texas Administrative Code, Title 31, Part 2, Chapter 51, Rule 51.350 located online at:

https://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.

29. NON-APPROPRIATION OF FUNDS: Any lease contract resulting from this solicitation is subject to termination or cancellation, without penalty to TPWD, either in whole or in part, subject to the availability of state funds. TPWD is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If TPWD becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds which would render TPWD’s or Lessor’s delivery or performance under the contract impossible or unnecessary, the lease contract will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this section, TPWD will not be liable to Lessor for any damages that are caused or associated with such termination or cancellation, and TPWD will not be required to give prior notice.

30. TEXAS PUBLIC INFORMATION ACT: Information the lessor provides to TPWD under this solicitation will be presumed public and subject to disclosure under the Texas Public Information Act (PIA). However, certain information may be confidential and fall under an exception to disclosure under the PIA, such as proprietary information, trade secrets, and certain commercial and financial information where disclosure might cause "substantial competitive harm to your business." If the lessor believes that its response to this solicitation contains confidential information in those or other categories, the lessor must specifically document this at the top or bottom of each page that contains the information the lessor considers confidential. The lessor’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 PIA that the lessor believes applies to this information, i.e.

copyrighted, trade secret, proprietary, financial etc. A general disclaimer that the lessor’s response contains confidential information will not be sufficient to meet this requirement. If such documentation is not provided, TPWD will assume that all information provided in the response to this solicitation is releasable under the

PIA.

30.1 The Lessor is required to make any information created or exchanged with the State pursuant to the lease contract, that is not otherwise excepted from disclosure under the PIA, available in a format that is accessible by the public at no additional charge to the state. The Lessor will make such non-excepted information available in an electronic format that is accessible to the public unless the Lessor receives written approval from TPWD to provide information in a different format, and such approval becomes part of the lease contract.

31. CONFLICT OF INTEREST: Under TGC §2155.003, a TPWD employee may not have an interest in, or in any manner be connected with, a contract or response for a purchase of goods or services by an agency of the state;

or in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation. Any individual who interacts with public purchasers in any capacity is required to adhere to the guidelines established in Section 1.2 of the State of Texas Procurement Manual, which outlines the ethical standards required of public purchasers, employees, and respondents who interact with public purchasers in the conduct of state business, and with any opinions or rules adopted by the Texas Ethics Commission. Entities who are interested in seeking business opportunities with the State must be mindful of these restrictions when interacting with public purchasers of TPWD or purchasers of other state agencies.

32. CHANGE IN FEDERAL OR STATE REQUIREMENTS: If federal or state laws or regulations or other federal or state requirements are amended or judicially interpreted so that either TPWD or the Lessor cannot reasonably fulfill the Contract and if the Parties cannot agree to an amendment that would enable substantial continuation of the Contract, the Parties shall be discharged from any further obligations under the Contract.

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33. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY

EXCLUSION: Respondent certifies that the responding entity and its principals are eligible to participate in this transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and the Respondent is in compliance with the State of Texas statutes and rules relating to procurement and that Respondent is not listed on the federal government's terrorism watch list as described in Executive Order 13224.

34. HB1295 CERTIFICATE OF INTERESTED PARTIES: If value of Contract will exceed one million dollars, in accordance with 2252.908 of the Government Code, A business entity must use the Form 1295 filing application to enter the required information on Form 1295 and print a copy of the completed form. Once entered into the filing application, the completed form will include a unique certification number, called a “certification of filing.” An authorized agent of the business entity must sign the printed copy of the form affirming under the penalty of perjury that the completed form is true and correct. The completed, printed, and signed Form 1295 bearing the unique certification of filing number must be filed with TPWD at the time of execution. Additional information can be found at: https://www.ethics.state.tx.us/filinginfo/1295/.

35. HISTORICALLY UNDERUTILIZED BUSINESSES (HUB): Respondent represents and warrants that it shall comply with the Historically Underutilized Business requirements pursuant to Gov’t Code, Chapter 2161.

36. LIMITATION ON AUTHORITY; NO OTHER OBLIGATIONS: Lessor shall have no authority to act for or on behalf of TPWD or the State of Texas except as expressly provided for in the lease contract; no other authority, power or use is granted or implied. The Lessor may not incur any debts, obligations, expenses, or liabilities of any kind on behalf of the State of Texas or TPWD.

37. NOTICES: Any written notices required under the lease contract will be by either hand delivery or by U.S. Mail, certified, return receipt requested, to Respondent’s office address as specified in the Execution of Response, Exhibit A, of this document, or to TPWD, Attn: Purchasing, 4200 Smith School Road, Austin, TX 78744. Notice will be effective on receipt by the affected party. Either party may change the designated notice address in this Section by written notification to the other party.

38. COMPLIANCE WITH OTHER LAW: The Lessor shall comply with all applicable federal, state, and local laws, including laws governing labor, equal opportunity, safety, and environmental protection, in its performance under the lease contract. The Lessor shall make itself familiar with and at all times shall observe and comply with all federal, state, and local laws, ordinances, and regulations which in any manner affect performance under the lease contract.

39. ENVIRONMENTAL PROTECTION: The Lessor shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.).

40. SURVIVAL OF TERMS: Termination of the lease for any reason shall not release the Lessor from any liability or obligation set forth in the lease that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such termination, including the provisions regarding indemnification, records, audit, property rights, and dispute resolution.

41. CHILD SUPPORT OBLIGATION AFFIRMATION: Under Section 231.006 of the Family Code, the vendor or applicant certifies that the individual or business entity named in this contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated, and payment may be withheld if this certification is inaccurate.

42. PROHIBITION ON LOBBYING: The Respondent shall comply with the provisions of a federal law known generally as the Lobbying Disclosure Act, 2 U.S.C. §1601 et seq. By submitting a response to the solicitation, 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. Respondent also certifies that it 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.

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43. FORMER EXECUTIVE HEAD: Pursuant to TGC §669.003, TPWD may not enter into a contract with a person who employs a current or former executive head of a state agency until four years have passed since that person was the executive head of the state agency. By submitting a response to the solicitation, the Respondent certifies that it does not employ any person who was the executive head of a state agency in the past four years. If section

669.003 applies, Respondent shall complete the following information in order for the response submission to be evaluated:

Name of former executive: ____________________________

Name of state agency: ________________________________

Date of separation from state agency: ___________________

Position with Respondent: _________________________________

Date of employment with Respondent: _______________________

44. TERMINATED CONTRACTS: By submitting a Response, the Respondent certifies that it has not had a contract terminated or been denied the renewal of any contract for non-compliance with policies or regulations of any state or federally funded program within the past five (5) years, nor is it currently prohibited from contracting with a governmental agency. If the Respondent does have such a terminated contract, the Respondent shall identify each and provide an explanation for the termination.

45. FEDERAL DISASTER RELIEF FRAUD: Under TGC §2155.006(b), a state agency may not accept a response or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the response or award, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or

(2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005. Under TGC §2155.006, the Respondent certifies that the individual or business entity named in this response is not ineligible to be awarded a lease contract and acknowledges that any contract resulting from this solicitation may be terminated and payment withheld if this certification is inaccurate.

46. FELONY CRIMINAL CONVICTIONS: Respondent represents and warrants that Contractor has not and Respondent’s employees have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Respondent has fully advised TPWD as to the facts and circumstances surrounding the conviction.

47. DECEPTIVE TRADE PRACTICES: Respondent represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Tex. Bus. & Com. Code, Chapter 17, or allegations of any unfair business practice in any administrative hearing or court suit and that Respondent has not been found to be liable for such practices in such proceedings. Respondent certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit, and that such officers have not been found to be liable for such practices in such proceedings.

48. ANTI-TRUST: Respondent represents and warrants that neither Respondent nor any firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such firm, corporation or institution, has (1) violated the antitrust laws of the State of Texas under Tex. Bus. & Com. Code, Chapter 15, or the federal antitrust laws; or (2) communicated directly or indirectly the response to any competitor or any other person engaged in such line of business during the procurement process for this solicitation.

49. DRUG-FREE WORKPLACE REQUIREMENTS: The Respondent certifies that it will comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated

IFB 802-26-75669 Page 12 of 14 by reference and the Respondent will comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued.

50. CURRENT AND FORMER TPWD EMPLOYEES: The Respondent shall disclose any of its personnel who are current or former officers or employees of the TPWD or who are related, within the third degree by consanguinity (as defined by TGC §573.023) or within the second degree by affinity (as defined by TGC §573.025), to any current or former officers or employees of the TPWD.