ESBD_520881_1793893929023_0007577 Permian Basin Beacon Roadway and Utilities Project Final.pdf

Revised 05.28.2026

Texas Facilities Commission P.O. Box 13047

Austin, Texas 78711-3047

REQUEST FOR PROPOSAL

FOR

PERMIAN BEACON

ROADWAYS AND UTILITIES PROJECT

IN MIDLAND, TEXAS

PROJECT #26-002-8111

RFP #0007577

Posting Date: November 5, 2026

Proposal Due Date: December 15, 2026, 3:00 PM

Table of Contents

SECTION I – GENERAL

1) SCOPE

2) RESERVED

3) CONTRACT TERM

4) STATE FUNDING

5) AGENCY POINT OF CONTACT:

B. Secondary Contact:

6) DEFINITIONS

SECTION II – STATEMENT OF WORK

1) PROJECT DESCRIPTION

2) ASBESTOS ABATEMENT

3) SATISFACTORY UNDERSTANDING

4) SUBCONTRACTORS

SECTION III – SCHEDULE OF EVENTS, CONFERENCES AND SITE VISITS

1) SCHEDULE OF EVENTS

2) MANDATORY PRE-PROPOSAL TELECONFERENCES

3) OPTIONAL SITE VISIT

SECTION IV – SUBMISSION REQUIREMENTS

1) ELECTRONIC SUBMISSION

2) REQUIRED DOCUMENTS

3) PROPOSAL COSTS

4) PUBLIC INFORMATION:

5) CONTENTS

6) QUESTIONS

SECTION V – PROPOSAL SUBMISSION

SECTION VI – EVALUATION AND AWARD

ATTACHMENT A – CONTRACTOR'S PROPOSAL FORM

ATTACHMENT B – CONTRACTOR'S QUALIFICATION FORM

ATTACHMENT C – VetHUB SUBCONTRACTING PLAN FORMS

ATTACHMENT D – PROJECT MANUAL

ATTACHMENT E – PROJECT DRAWINGS

ATTACHMENT F – CONSTRUCTION SERVICES CONTRACT TEMPLATE

ATTACHMENT G – NON-COLLUSION AFFIDAVIT

ATTACHMENT H – NON-DISCLOSURE AGREEMENT

ATTACHMENT I – OPENGOV SUBMISSION INSTRUCTIONS

SECTION I – GENERAL

1) SCOPE: In accordance with the provisions of Texas Government Code, Chapter §2269

Subchapter D, Competitive Sealed Proposal Method, and Rules and Procedures adopted by the Texas Facilities Commission (TFC), TFC is soliciting proposals for the Permian Basin Beacon Roadways and Infrastructure project, Project No. 26-002-8111. The project includes construction of three new main roadways, associated landscaping, irrigation, lighting, and underground utilities to support future development. The work location is at the Permian Basin Medical Center at N. State Hwy 349 and Texas State Hwy 191.

2) RESERVED.

3) CONTRACT TERM: Construction is required to commence within ten (10) calendar days after the Notice to Proceed is issued. The contract period is projected for a term of three hundred sixty-five (365) calendar days except as may be otherwise amended or negotiated.

4) STATE FUNDING: 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 the Construction Services Contract shall apply.

5) AGENCY POINT OF CONTACT: The contact listed below shall be the sole point of contact during this solicitation with the exception for VetHUB related questions. Any discussions regarding this solicitation with other agency personnel or TFC contractors, or sub-contractors may be grounds for disqualification. If primary is unavailable, Respondent may reach out to the secondary contact. Note: VetHUB-related questions may be submitted to the TFC OBO team as referenced in Section IV- Submission Requirements, 5. CONTENTS, Item K.

VetHUB Subcontracting Plan, 9).

A. Primary Contact:

1) Purchaser Name: Robert Sonnier, CTCD, CTCM

2) Purchaser Email: robert.sonnier@tfc.texas.gov

B. Secondary Contact: If the contact above is not available, the contact listed below may be contacted.

1) Purchaser Name: James Gonzalez, CTCD, CTCM

2) Purchaser Email: james.gonzalez@tfc.texas.gov

6) DEFINITIONS: All words and phrases in this RFP in initial caps shall have the meanings set out in this section. All capitalized terms not defined below used herein shall have the meaning given to them in the Uniform General Conditions or Attachment F – Construction Services Contract Template.

TERM DEFINITION

Addendum A modification of the specifications issued by TFC.

Electronic State Business Daily (ESBD)

The designated website that state agencies, universities, and municipalities use to post formal solicitations (over $25K), addenda to posted solicitations, and awards. The link to the ESBD is http://www.txsmartbuy.gov/esbd.

mailto:robert.sonnier@tfc.texas.gov mailto:james.gonzalez@tfc.texas.gov http://www.txsmartbuy.gov/esbd

TERM DEFINITION

Subcontracting Plan (SP) Compliance Methods

All Respondents when completing the Subcontracting Plan must demonstrate the Respondent has completed one of the following for the planned subcontracting requirements: A) Performing “Good Faith Effort” of soliciting bids from two VetHUBs for each subcontracting opportunity and allowing seven (7) complete business days for response, B) Self-Performing Contract (performing entire contract with own materials and labor), or C) Utilizing a Mentor Protégé Relationship.

Veteran Heroes United in Business (VetHUB)

The Texas Comptroller of Public Accounts has adopted amended Veteran Heroes United in Business (VetHUB) program rules at 34 Texas Administrative Code (TAC) Part 1 Chapter 20, Subchapter D, Sections 281-298. The new rules took effect May 12, 2026

Mentor Protégé Relationship

A formal agreement that is recognized by the State of Texas Comptroller of Public Accounts. For a listing of Mentor Protégé Relationships click on link:

https://mycpa.cpa.state.tx.us/mentorprotege/ctg/menproPairs/

Owner The Texas Facilities Commission Project Manager The individual designated by the Owner authorized to represent the Owner during the performance of the contract.

Client Agency/End User Permian Basin Medical Center

SECTION II – STATEMENT OF WORK

1) PROJECT DESCRIPTION: Provide all materials, equipment, labor, coordination and supervisory activities necessary to complete construction of the project as more fully described in the Attachment D – Project Manual, and Attachment E – Project Drawings, which include specifications, drawings, and other contract documents, prepared by the A/E of record, Parkhill Smith & Cooper Inc., and TFC.

NOTE: All vendors interested in getting access to the drawings and Project Manual for this solicitation must fill out Attachment H - Confidentiality and Non-Disclosure Agreement and submit to the Agency Point of Contact specified above. Once received, purchaser will send an invite to the OpenGov solicitation page to allow for download of drawings and specifications. OpenGov will also be the platform to submit proposal.

2) ASBESTOS ABATEMENT: For the consideration of this RFP, TFC is assessing any known asbestos materials to be abated prior to demolition and construction. Any asbestos abatement is to be considered outside of the construction contract and budget of this RFP

3) SATISFACTORY UNDERSTANDING: Respondents will be held to have studied the plans and specifications, to have visited the proposed work site, to have satisfactory understanding regarding all existing conditions and measurements, and to have included in the Attachment B – Contractor’s Proposal Form an amount sufficient to cover all work including permits, fees, etc.

4) SUBCONTRACTORS: Subcontractors providing service under the contract shall meet the same requirements and level of experience as required of the Respondent. No subcontract under the contract shall relieve the primary respondent of responsibility for the service. If the respondent https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinks-1.govdelivery.com%2FCL0%2Fhttps%3A%252F%252Fcomptroller.texas.gov%252Fvethub%252F%2F1%2F0100019df3cff2a5-94c4ca5d-76f0-4977-878d-bff725e3e017-000000%2FqL8ehG2QaV9c0B_vVpe82i3mQdlFKT0hxsbysRtSrXg%3D452&data=05%7C02%7CRobert.Sonnier%40tfc.texas.gov%7Cfb2efd49cbe5439ae68f08df1f18e306%7Cef24a33d67bc405f8954956d19012eb1%7C0%7C0%7C639263863882004204%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=DAMsLIAVat1w7gA8GuI73OxhOQYMKdbcFAh5Fehruok%3D&reserved=0 https://mycpa.cpa.state.tx.us/mentorprotege/ctg/menproPairs/ uses a subcontractor for any or all the work required, the following conditions shall apply under the listed circumstances:

a. Respondents planning to subcontract all, or a portion of the work shall identify the proposed subcontractors on the Attachment C – VetHUB Subcontracting Plan.

b. Subcontracting shall be at the respondent’s expense.

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

d. The respondent shall be the only contact for TFC and subcontractors. Respondent shall list a designated point of contact for all TFC and subcontractor inquiries.

SECTION III – SCHEDULE OF EVENTS, CONFERENCES AND SITE

VISITS

1) SCHEDULE OF EVENTS: TFC reserves the right to change the dates shown below upon written notification.

EVENT DATE

Issue RFQ November 5, 2026

Mandatory Pre-Submittal Teleconferences

1st PSC

2nd PSC

November 17, 2026, 10:00 AM

November 18, 2026, 10:00 AM

Optional Site Visit December 2, 2026, 10:00 AM

Deadline for Submission of Questions December 8, 2026

Deadline for Submission of Proposal and HSP December 15, 2026, 3:00 PM

Evaluation/Interviews/Negotiations December 16 - January 18, 2027

Award by Commission February 18, 2027 9:00 AM

Execute Contract March 15, 2027

2) MANDATORY PRE-PROPOSAL TELECONFERENCES: Mandatory pre-submittal teleconferences will be held on Tuesday, November 17, 2026 at 10:00 AM and Wednesday, November 18, 2026 at 10:00 AM. Pre-registration is required to participate in the teleconference. Respondents must have an employee of their firm attend at least one (1) of the two (2) pre-submittal conferences. TFC shall reject qualifications submitted by firms that did not attend one of the mandatory pre-submittal conferences.

a) Pre-Registration is required.

Register in advance for the Tuesday, November 17th meeting with this link:

Registration URL: https://us02web.zoom.us/meeting/register/Bl0-XJc4Q8-QA_wBW_0PPw

Register in advance for the Wednesday, November 18th meeting with this link:

Registration URL: https://us02web.zoom.us/meeting/register/DDXFjyoZTj2SFxRcLGHtRA https://us02web.zoom.us/meeting/register/Bl0-XJc4Q8-QA_wBW_0PPw https://us02web.zoom.us/meeting/register/DDXFjyoZTj2SFxRcLGHtRA

After registering, you will receive a confirmation email containing information about joining the meeting.

3) OPTIONAL SITE VISIT: An optional site visit will be available to interested vendors.

The site visit will be held on December 2, 2026 at 10:00 AM. Firms shall meet at the Permian Basin Medical Center which is located at N. State Hwy 349 and Texas State Hwy 191.

Vendors shall meet at the flag pole and sign the attendee sheet and will proceed with the site visit after everyone has signed in.

SECTION IV – SUBMISSION REQUIREMENTS

1) ELECTRONIC SUBMISSION: TFC is using the OpenGov electronic procurement system to receive responses. Respondents interested in submitting a response must register for an OpenGov account (No Charge). Proposals shall be uploaded per the instructions in Attachment I – OpenGov Submission Instructions prior to 3:00 PM on the date specified in the Schedule of Events. In order to ensure that all documents are submitted before the deadline, allow enough time to upload the documents into the portal. We recommend beginning the upload process one (1) day prior to deadline date. Facsimile and email proposals are not acceptable responses to this RFP.

2) REQUIRED DOCUMENTS: Respondents shall submit documentation through the OpenGov portal. Requested documentation includes:

a) Package 1: Required Documentation

i) Attachment G – Non-Collusion Affidavit

ii) Copy of Original Bid Bond with Associated Power of Attorney;

b) Package 2: VetHUB Subcontracting Plan

i) Attachment C – VetHUB Subcontracting Plan

ii) Backup documentation of Good Faith Effort, as applicable

c) Package 3 – Qualitative Documentation

i) Company Information;

ii) Attachment B – Contractor’s Qualification Form;

iii) Relevant Experience and Qualifications;

iv) Methodology and Schedule;

v) Quality Control & Safety Program; and

vi) Litigation History.

d) Package 4 – Pricing

i) Attachment A – Contractor's Proposal Form

e) Organization: Package pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the proposal.

f) File Format: File format shall be as indicated in Attachment I – OpenGov Submission Instructions.

3) PROPOSAL COSTS: Respondents to this RFP are responsible for all costs of proposal and interview preparation and delivery costs.

4) PUBLIC INFORMATION: TFC will not consider any proposal that bears a copyright. As a state agency, TFC will strictly adhere to the requirements of Chapter 552 of the TGC (the "Texas Public Information Act") regarding the disclosure of public information. As a result, by participating in this solicitation process Respondent acknowledges that all information, documentation, and other materials submitted in response to this solicitation may be subject to public disclosure under the Texas Public Information Act. TFC does not have authority to agree that any information submitted will not be subject to disclosure. Disclosure is governed by the Texas Public Information Act. Respondents are advised to consult with their legal counsel concerning disclosure issues resulting from this process and to take precautions to safeguard trade secrets and proprietary or otherwise confidential information. TFC assumes no obligation or responsibility relating to the disclosure or nondisclosure of information submitted by Respondents. If it is necessary for Respondent to include trade secrets or proprietary or otherwise confidential information in its proposal, Respondent must clearly mark in bold red letters the term “CONFIDENTIAL” using at least 14-point font, on that specific part or page of the proposal which Respondent believes to be confidential. All proposals and parts of proposals that are not marked confidential will be automatically considered to be public information. If TFC receives a public information request seeking information marked by Respondent as confidential, Respondent will receive notice of the request as required by the Texas Public Information Act. If TFC receives a public information request for proposals and parts of proposals that are not marked confidential, the information will be disclosed to the public as required by the Texas Public Information Act. Do not mark your entire proposal as

“CONFIDENTIAL”.

5) CONTENTS: Below is a summary of required information. Proposals submitted without this information will be evaluated accordingly. TFC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state. The Attachment A – Contractor's Proposal Form, the Attachment B – Contractor’s Qualification Form, the Attachment C – VetHUB Subcontracting Plan, the Attachment G – Non-Collusion Affidavit, and the Bid Bond shall be returned with the response. Failure to do so shall result in disqualification.

a) Company Information: <Pass/Fail> Including, but not limited to the following:

i) Company description

ii) Ownership information

iii) Physical and Mailing addresses

iv) Other company locations/offices

v) Primary Contact

vi) Office and mobile telephone number, and email address of company’s Primary Contact

vii) Federal Employer Identification Number

viii) Indicate if your company has ever failed to complete a project or if a project was ever stopped in the middle of a project within the past five years and if so, why.

ix) Indicate if your company has had a contract terminated for default or convenience within the past five years. If yes, provide explanation of circumstances.

x) Indicate if your company or any of its subsidiaries filed or met criteria for bankruptcy within the past five years. If yes, provide explanation.

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

xii) Identify if your company is currently for sale or involved in any transaction to expand or become acquired by another business entity? If so, explain the impact both in organization and company direction.

xiii) Minimum Qualifications:

(1) Out of State contractors doing business in Texas shall have a Certificate of Registration to do business in Texas. A copy of the certificate shall be submitted with the proposal.

b) Relevant Experience and Qualifications: <25 pts.>

i) Project Team:

(1) Provide an Organizational Chart with roles and responsibilities of key individuals assigned to support the Project.

(2) Names of top management and key employees and each person’s duties. Include the background and experience of these key employees. Provide resumes for the project manager and superintendent proposed for the project.

ii) Relevant Experience:

(1) Complete and submit the Attachment B – Contractor’s Qualification Form.

(a) The form can be obtained electronically at the TFC website:

https://web.tfc.texas.gov/vendors/doing-business-with-tfc/construction-forms Document #1, Index of Forms.

(b) On the Attachment B – Contractor's Qualification Form, Contractor shall demonstrate their ability to meet schedule completion dates and maintain project budgets.

(i) For the five (5) most relevant recently completed projects within the past five (5) years, Respondent shall demonstrate experience in meeting completion date schedules by providing the original construction duration and final construction duration on their last five projects. Provide explanation on the causation of any variance.

(ii) For the same five (5) most relevant recently completed projects as above, contractor shall demonstrate experience in maintaining construction budgets by providing the awarded budget and the final completion budget.

Provide explanation on the causation of any variance.

(2) Demonstrate the Company’s or Individual’s relevant experience to the type of work solicited in the RFP by providing five examples of relevant recent projects completed within the past five years. For each project, provide the following information:

(a) Project Location

(b) Scope of Project

(c) Total Construction Cost

(d) Relevant aspects with project solicited

(e) Assigned company team members and their role

(f) Company role on the project (Prime or Subcontractor) https://web.tfc.texas.gov/vendors/doing-business-with-tfc/construction-forms

(g) Construction Delivery Method (General Contractor, CMR, Design-Build, JOC, etc.)

(h) free-form narrative that describes in detail any other projects not enumerated on Attachment B – Contractor’s Qualifications Form.

(3) Particularly indicate your firm’s experience with the following:

(a) Experience in construction of roadways and streets, paving and sealing, associated landscaping, lighting, and striping of surfaces.

(b) How your team fostered a positive, working and professional relationship with the Owner, Architect/Engineer Team, Owners Third Party Consultants and other project team members.

(c) Project challenges and the respective techniques you applied to overcome those challenges, particularly budgeting and scheduling areas of responsibility.

(d) How your past Project experiences and lessons learned would be incorporated towards the successful completion and delivery of this project.

(e) Other experience, expertise or qualifications that distinguish your firm from others for this type of project.

(f) What is your strategy to secure local labor to reduce "per-diem" costs for bringing workers from outside areas.

(g) Experience working with Local and State authorities to successfully pass inspections and obtain required permits and approvals.

(4) Respondent may provide additional examples of relevant projects older than five years or current ongoing projects. If project is ongoing, provide the percentage complete.

c) Methodology and Schedule: <20 pts.>

i) Proposed Methodology: A detailed plan outlining the methodology intended to be employed by the Respondent that demonstrates the processes of implementation regarding the requirements of the RFP Scope of Work into a realized and finished project. This shall include, but not be limited to:

(1) Processes and techniques used to understand the Statement of Work;

(2) Problem solving, issue tracking, and punch list management;

(3) Value engineering approach;

(4) Maintaining budgets;

(5) Company workload in proportion to the Project outlined in the Statement of Work;

and

(6) Coordination of work with subcontractors and/or consultants.

(7) Cost Management System, including reporting and forecasting of budget and cost components to the TFC/Project Team

(8) Strategies for minimizing/mitigating impacts from cost escalation.

(9) Given the labor and subcontracting challenges that may be experienced during this project, describe strategies to minimize/mitigate these potential impacts to cost and schedule

(10) Contract Resolution and Closeout

(11) Process to keep the communication flow with client.

ii) Schedule Proposal:

(1) Describe approaches to ensure timely completion of project, including methods of schedule recovery.

(2) Describe your experience with workforce (labor) shortages and material availability. How will you mitigate the impact of these market factors on this project?

(3) Provide a high-level Critical Path Method milestone schedule for this project. All dates should be from a Notice to Proceed date. In preparing the schedule, identify critical processes, any proposed phasing, milestones, approvals and procurements anticipated.

d) Quality Control Program & Safety Program: <5 pts.>

i) Quality Control:

(1) Provide the name and job title of the person who oversees the quality control program.

(2) Describe its quality requirements and means of measurement. Provide process flow charts on how quality is maintained and achieved.

(3) Describe policy regarding establishing quality control processes similar to ISO 9000 and other in-place controls for adherence to budget, quality, safety and schedule.

(4) TFC reserves the right to require a copy of the Quality Control Manual, which, if awarded, may become an exhibit to the contract.

ii) Safety Program and Safety Record:

(1) Safety Program:

(a) Indicate the name and job title of the person in your organization who manages your safety program.

(b) Provide a description of your firm’s safety program.

(c) TFC reserves the right to require a copy of your safety manual if your firm's proposal is scored within the highest range of proposals, which will become a Contract Document after award.

(2) Contractor’s Safety Record:

(a) Provide the company’s workers' compensation experience modification rate (EMR) for the last five years as part of the proposal. This shall be submitted in your response on your insurance carrier’s letterhead.

e) Litigation: <Pass/Fail>

i) Provide details of all past or pending litigation or administrative claims involving Respondent within the past five years. If there is no litigation history, provide a statement on letterhead stating no litigation history. Failure to provide this information may be grounds for disqualification.

ii) Respondents involved in litigation with owners, subcontractors, or A/Es, depending upon the circumstances, may be disqualified.

f) Attachment G – Non-Collusion Affidavit: The Attachment G – Non-Collusion Affidavit must be enclosed with the submitted proposal. The Attachment G – Non-Collusion Affidavit form can be obtained electronically at the following link:

https://web.tfc.texas.gov/vendors/doing-business-with-tfc/construction-forms, Document #3.

g) Attachment A – Contractor's Proposal Form: <50 pts.> Provide pricing on the Attachment A – Contractor’s Proposal Form. Respondents may not add qualifications, conditions, clarifications or exceptions to the proposal. Any such representation by the respondent may be cause for rejection of the proposal at the full and sole discretion of TFC.

h) Acknowledgement of Addenda: Receipt of each addenda to this RFP shall be acknowledged within the OpenGov portal. It is the responsibility of interested parties to periodically check the ESBD for updates to the solicitation prior to submitting a response.

Respondent’s failure to periodically check online will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the requirements of the RFP.

i) Bid Bond:

i) Respondents shall submit an electronic copy of the original bid bond and associated Power of Attorney for the Texas Facilities Commission in the sum of not less than 5% of base bid amount of the proposal. No other form of security will be accepted. Within three business days of the opening, the original bid bond shall be delivered or dropped off to Texas Facilities Commission, Attn: Procurement, 1711 San Jacinto Blvd., Austin, TX 78701.

ii) Should the contractor fail, neglect, or refuse to begin performance of the contract after receiving the award, said security will be forfeited to TFC. Performance shall be considered begun upon acknowledgement of the contract award and the furnishing of all required security bonds and insurance coverage.

iii) If TFC has not made an award within ninety (90) calendar days after responses are opened, Respondents may withdraw their responses without prejudice; however, Respondents have the option to extend the time in which their bids will be honored after this ninety (90) day period.

j) Insurance Requirements for Contractors: The insurance requirements, located in the Attachment F – Construction Services Contract Template, shall be reviewed by an agent of your insurance company prior to submitting a response. Upon acceptance of the high scorer’s negotiated proposed pricing, the insurance requirements shall be met by providing the Certificates of Insurance (COIs) and the corresponding policy endorsements. Questions regarding insurance can directed to TFC's Insurance Analyst at insurance@tfc.texas.gov.

k) Attachment C, VetHUB Subcontracting Plan:

i) In accordance with the Texas Government Code (TGC), Sections 2161.181-182 and Title 34, Part 1, Chapter 20, Subchapter D, §20.281- §20.298 of the Texas Administrative Code (TAC), TFC shall make a Good Faith Effort to utilize VetHUBs in contracts for general services, construction services, professional and consulting services, and commodities contracts. Failure to complete and return Attachment C – VetHUB Subcontracting Plan shall result in rejection of the response. The purpose of the Office of Business Opportunities Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with 34 TAC § 20.284.

ii) Statement of Probability: TFC has determined that subcontracting opportunities are probable in connection with this procurement solicitation. Therefore, a VetHUB Subcontracting Plan (HSP) is required as a part of the Respondent's Proposal. The awarded Respondent shall develop and administer an HSP as a part of the Respondent's Contract.

iii) As mandated by 34 TAC § 20.285 Respondents must submit an Attachment C – VetHUB Subcontracting Plan that identifies all subcontracting items and complies with good faith effort requirements.

iv) Pursuant to TGC § 2161.252(B), the Texas Facilities Commission shall reject any response that does not include a fully completed HSP. An incomplete SP is considered a material failure to comply with the solicitation requirements.

mailto:insurance@tfc.texas.gov

v) The HSP shall become a provision of the contract between the awarded Respondent and TFC. The awarded Respondent can only change the HSP if (a) the Respondent complies with 34 TAC Section 20.285; (b) the Respondent provides its proposed changes to TFC for review; (c) TFC approves the Respondent’s proposed changes to its SP; and (d) TFC and the Respondent amends their contract by submitting a revised VetHUB Subcontracting Plan containing the changes approved by TFC.

vi) If TFC determines that the Respondent failed to implement the SP in good faith, TFC, in addition to any other remedies, may report nonperformance to the Texas Comptroller in accordance with 34 TAC, Section 20.285, (h) (3).

vii) VetHUB subcontracting opportunities may be available in the following NIGP commodity class/item codes and descriptions. The list below contains the ‘Class’ (three-digit) and ‘Item’ (two-digit) codes of potential subcontracting trades for this solicitation.

These codes are defined by the National Institute of Governmental Purchasing (NIGP). A complete listing of all NIGP Class & Item Codes can be found at:

https://comptroller.texas.gov/purchasing/nigp/

Class/Item Description 155-70 Portable Toilets 330-55 Fencing, Temporary (For Construction and Other Industrial or Safety

Uses) 745-00 Road and Highway Building Materials, Asphaltic 909-76 Site Work (Incl. Site Clean-Up) 912-23 Construction, General (Backfill Services, Digging, Ditching, Road

Grading, etc.)

912-44 Excavation Services 913-00 Construction Services, Heavy 913-27 Construction, Highway and Road 914-79 Structural Steel 962-39 Hauling Services 971-08 Building, Fabricated, Pre-Fabricated or Pre-manufactured, Rental or

Lease

viii) If assistance is needed in preparing the VetHUB Subcontracting Plan, potential Respondents may contact the Office of Business Opportunities by email at opportunties@tfc.texas.gov.

ix) Requirement to Utilize VetHUB Compliance Reporting System. Pursuant to Texas Administrative Code, Title 34 §§ 20.85(h) and 20.287(g), TFC administers HSP-PAR compliance monitoring through a VetHUB Compliance Reporting System commonly known as B2G. The successful Respondent and any subcontractors must submit required PAR information into the B2G system. Any delay in the timely submission of PAR information into the B2G system will be treated as an invoicing error subject to dispute under Tx. Gov’t Code Section 2251.042.

6) QUESTIONS:

a) All non-VetHUB questions shall be submitted through OpenGov portal or emailed to the Agency Points of Contact identified above.

b) All questions submitted by email shall be in an editable format, i.e. Microsoft Word, or typed in an email, as opposed to an un-editable format such as a picture or scanned document.

https://comptroller.texas.gov/purchasing/nigp/ mailto:opportunties@tfc.texas.gov

c) Any respondents finding discrepancies between the drawings and specifications, or in doubt as to their exact meaning, shall notify TFC at once. TFC, may then, as an option, issue addenda clarifying same. TFC is not responsible for oral instructions or for misinterpretation of the drawings and specifications. Any respondent who has objections to the use of a material, appliance or method of construction as shown or specified, shall register written objections with purchaser. In the case of contradictory work item requirements between documents, the more stringent requirement shall apply.

d) All inquiries will result in responses posted to OpenGov Portal and ESBD.

e) Upon issuance of this RFP, beside written inquiries as described above, other employees and representatives of TFC will not answer questions or otherwise discuss the contents of the RFP with any potential vendor or their representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this proposal.

SECTION V – PROPOSAL SUBMISSION

1) Proposals shall be uploaded to OpenGov portal 3:00 PM on the date specified in the Schedule of

Events above. In order to ensure that all documents are submitted before the deadline, TFC recommends beginning the upload process well in advance of the deadline to allow enough time to upload the documents into the portal.

2) Follow the proposal instructions specified in the Attachment I – OpenGov Submission Instructions.

3) Facsimile and email proposals are not acceptable responses to the RFP.

4) Respondents having difficulty using the online system should be addressed through OpenGov support. If unable to upload the documents to the OpenGov portal, contact the Purchaser prior to the deadline to make alternate arrangements. Failure to contact the Purchaser prior to the deadline will result in deeming proposal non-responsive or late.

5) TFC will not consider any exceptions and/or requests for modification to the proposed contract that are submitted after the date and time for submission of Respondents’ proposals.

Exceptions and/or requests submitted after this date cannot be considered as they create a possibility for a protest, which would delay award and execution. General statements of reservation of right to later review or negotiate additional items not included in the response prior to award will not be considered or allowed.

SECTION VI – EVALUATION AND AWARD

1) The intent of TFC is to award a contract to the vendor(s) whose proposal is considered to provide ‘best value’ to the state. When considering ‘best value’ and award, the Owner reserves the right to set a minimum requirement regarding the criteria listed below.

2) An evaluation committee will be established to evaluate proposals. The committee will include employees of TFC, and may include other impartial individuals who are not TFC employees. By submitting qualifications in response to this RFP, Respondent accepts the solicitation and evaluation process, and acknowledges and accepts that scoring of the qualifications may involve some subjective judgments by the evaluation committee. The evaluation committee will evaluate and score each proposal based on the following criteria:

a) Criteria Weight

i) Price Proposal 50%

ii) Relevant Experience and Qualifications 25%

iii) Methodology and Schedule 20%

iv) Quality Control Program & Safety 5%

v) Litigation History Pass/Fail

vi) VetHUB Subcontracting Plan Pass/Fail

vii) Total 100%

3) The evaluation committee may conduct an interview of the finalist(s) to make a determination for award recommendation. Scoring of the interview may replace OR be added to initial evaluation scores. The following will be expected during an interview:

a) Up to One hour is allocated for the interview.

b) Attendance by team members assigned to the Project to represent themselves as to their relevant experience and proposed involvement in the Project. Presentation must be led by the project manager identified for the project.

c) Agenda for the interview will be provided by TFC which could require an elaboration of company relevant experience and qualifications, proposed methodology, and quality and safety programs.

4) Giving priority in order of the ranking determined by the scores, TFC will undertake to negotiate an agreement with the Respondent which is evaluated as the highest scoring, deemed the best value to the State. The Evaluation Committee will determine if price negotiations are necessary and may negotiate final pricing per TGC, Chapter 2269, Subchapter D, §2269.155 (b), (c). Award of a contract may be made without negotiations, if in the best interest of the State.

The evaluation committee will evaluate the finalists and make a recommendation for award. If an agreement cannot be negotiated, the negotiations will be formally terminated and TFC will attempt to negotiate an agreement with the next Respondent in order of scoring until an agreement is reached or the list is exhausted, upon which the solicitation will be cancelled and may be re-issued.

5) In evaluating proposals to determine the best value for the State of Texas, TFC may consider information related to past contract performance of a Respondent including, but not limited to, the Vendor Performance Tracking System available at http://www.txsmartbuy.gov/vpts. Prior work performance with TFC and other State agencies or governmental entities, which are familiar with a Respondent’s performance, depending on problems encountered, may be grounds for disqualification.

6) RIGHT TO AUDIT: Vendor understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditor’s Office, TFC, or any successor agency to conduct an audit or investigation in connection with those funds. Vendor further agrees to cooperate fully with the above parties in the conduct of the audit or investigation, including providing all records requested. Vendor shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through the vendor and the requirement to cooperate is included in any subcontract awarded.

7) PUBLIC DISCLOSURE: News or social media releases pertaining to this RFP or the services, study, data, or project to which it relates shall not be made without TFC’s prior written authorization. In the exercise of TFC’s sole and absolute discretion, any breach by the Respondent may result in the disqualification of response or cancellation of this RFP and the disqualification of the Respondent to respond to any re-solicitation.

8) PROTESTS: Protests shall be governed by TAC Title 1, Administration, Part 5 Texas Facilities Commission, Chapter 111 Administration, Subchapter C Complaints and Dispute Resolution, §111.32 Protests/Dispute Resolution/Hearings.

http://www.txsmartbuy.gov/vpts

9) RISK OF NON-PERFORMANCE: TFC may disqualify a Respondent if there is an unacceptable risk that it will fail to perform the Contract. The Respondent bears the burden of establishing:

a) ability, capacity, and skill to perform the contract or provide the service required

b) ability to perform the contract or provide the service promptly, or in the time required, without delay or interference

c) character, responsibility, and integrity

d) current compliance with laws relating to the contract or service

e) sufficient financial resources to perform the contract and provide the service, and

f) conformity to all material specifications required in this Solicitation.

g) TFC may consider any source of information it deems reliable.

10) ORDER OF PRECEDENCE: In the event of conflicts or inconsistencies between this contract and its attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: Signed Contract, Attachments to the Contract, Request for Proposal, and Respondent’s Response to Request for Proposal.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

ATTACHMENT A – CONTRACTOR'S PROPOSAL FORM

NOTE: THIS ATTACHMENT MUST BE SIGNED AND RETURNED WITH THE PROPOSAL. PROPOSALS

WHICH DO NOT INCLUDE THIS ATTACHMENT SHALL BE DISQUALIFIED. THE PROPOSAL SHALL BE

DISQUALIFIED IF FALSE STATEMENTS ARE CONTAINED IN THIS ATTACHMENT.

Respondent’s Legal Entity Name

Address

City, State ZIP

Project Number: 26-002-8111

Project Title: Permian Beacan Roadways and Utilities Project in Midland, Texas

Using Agency: Permian Basin Medical Center

Project Location: Midland, Texas

Having carefully examined the RFP, solicitation documents, drawings and specifications for the referenced project, as well as the premises and conditions affecting the work, as prepared by A/E firm, we hereby propose to furnish all labor, materials, equipment, coordination and supervisory activities necessary to complete the work for the following amounts and times.

Respondent will perform the following Work at the indicated unit prices:

BASE BID

Item No. Description Unit Estimated

Quantity Bid Unit

Price Bid

Amount

GENERAL

1 GENERAL CONDITIONS LS 1 $ $

2 TRAFFIC CONTROL IMPLEMENTATION AND

HANDLING MOS 14 $ $

3 TEMPORARY EROSION, SEDIMENTATION, AND

ENVIRONMENTAL CONTROLS LS 1 $ $

4 MAINTENANCE OF TEMPORARY EROSIONS,

SEDIMENT, AND ENVIRONMENTAL CONTROLS MOS 14 $ $

5 MOBILIZATION/DEMOBILIZATION LS 1 $ $

TOTAL (GENERAL) $

ROADWAY IMPROVEMENTS

1 EXCAVATION (ROADWAY) CY 29,150 $ $

2 EMBANKMENT CY 18,740 $ $

3 HMAC ROADWAY PAVEMENT SY 51,855 $ $

4 CONCRETE PAVEMENT SY 13,990 $ $

5 CONC CURB & GUTTER (TY A) (CoM) LF 20,930 $ $ 6 CONC CURB & GUTTER (TY C) (CoM) LF 22,585 $ $ 7 CONC CURB & GUTTER (TY F) (CoM) LF 1,317 $ $ 8 SAW-TOOTH CURB & GUTTER (TY I) (CoM) LF 608 $ $

No.

Description Unit Estimated Quantity

Bid Unit Price

Bid Amount

9 CONCRETE FLUME (ROADWAY) LF 1,170 $ $

10 CONCRETE SIDEWALK (4") SY 24,070 $ $

11 CURB RAMPS (TxDOT TY 1) EA 44 $ $ 12 CURB RAMPS (CoM TY 12) EA 4 $ $ 13 ISLAND RAMP (TxDOT TY 21) EA 11 $ $

14 COLORED TEXTURED CONCRETE (MEDIAN) SY 1,730 $ $

15 COLORED TEXTURED CONCRETE

(TRUCK APRON) SY 1,380 $ $

16 REMOVING CONCRETE (PAVEMENT) SY 1,924 $ $

17 REMOVING CONCRETE (SIDEWALK) SY 665 $ $

18 REMOVING CONCRETE (CURB AND GUTTER) LF 2,633 $ $

19 REMOVING CONCRETE

(RIPRAP) SY 502 $ $

20 REMOVING STABILIZED BASE AND ASPHALT

PAVEMENT SY 1,941 $ $

21 TREE REMOVAL (<6" DIAMETER) EA 1 $ $

22 6" CONCRETE BAFFLES CF 2 $ $

23 DETENTION POND CONCRETE FLUME CY 62 $ $

24 CONC BOX CULV (3' X 2') LF 106 $ $

25 SAFETY END TREATMENTS (SET) (TYPE 1) EA 2 $ $

26 TRAFFIC SIGNS EA 108 $ $

27 REFLECTIVE PAVEMENT MARKINGS (6" WHITE

BROKEN) LF 4,300 $ $

28 REFLECTIVE PAVEMENT MARKINGS 6" WHITE

SOLID) LF 2,725 $ $

29 REFLECTIVE PAVEMENT MARKINGS (6"

YELLOW SOLID) LF 2,955 $ $

30 REFLECTIVE PAVEMENT MARKINGS (8" WHITE

DOT) LF 630 $ $

31 REFLECTIVE PAVEMENT MARKINGS (8" WHITE

SOLID) LF 5,690 $ $

32 REFLECTIVE PAVEMENT MARKINGS (12" WHITE

YIELD) EA 220 $ $

33 REFLECTIVE PAVEMENT MARKINGS (24" WHITE

SOLID) LF 1,310 $ $

34 REFLECTIVE PAVEMENT MARKINGS (WHITE

ARROW) EA 41 $ $

35 REFLECTIVE PAVEMENT MARKINGS (WHITE

DOUBLE ARROW) EA 28 $ $

36 REFLECTIVE PAVEMENT MARKINGS (WHITE

BIKE ARROW) EA 4 $ $

37 REFLECTIVE PAVEMENT MARKINGS (WHITE

BIKE SYMBOL) EA 4 $ $

38 PAVEMENT SURFACE PREPARATION FOR

MARKINGS (STRIPE) LF 5,295 $ $

39 PAVEMENT SURFACE PREPARATION FOR

MARKINGS (SYMBOL) EA 285 $ $

40 SOLAR POWERED ROADSIDE FLASHING

BEACON EA 2 $ $

TOTAL (ROADWAY IMPROVEMENTS $

DRAINAGE IMPROVEMENTS

No.

Description Unit Estimated Quantity

Bid Unit Price

Bid Amount

1 (6' X 3') MULTIBOX CULVERT LF 720 $ $

2 (5' X 5') REINFORCED CONCRETE BOX LF 242 $ $

3 (6' X 4') REINFORCED CONCRETE BOX LF 347 $ $

4 (6' X 5)' REINFORCED CONCRETE BOX LF 577 $ $

5 (7' X 4') REINFORCED CONCRETE BOX LF 596 $ $

6 (7' X 5)' REINFORCED CONCRETE BOX LF 275 $ $

7 (8' X 4') REINFORCED CONCRETE BOX LF 411 $ $

8 (8' X 5') REINFORCED CONCRETE BOX LF 4,250 $ $

9 GRATE INLET PSL FG 3'X5' 3'X5' EA 6 $ $

10 GRATE INLET PSL FG 4'X4' 4'X4' EA 38 $ $

11 CURB INLET PCO 4' EA 5 $ $

12 CURB INLET PCO 4' RT EA 1 $ $

13 CURB INLET PCO 4' LT EA 1 $ $

14 MANHOLE -PSL RC 4'X4' EA 10 $ $

15 PW TYPE-1 HEADWALL EA 2 $ $

16 SET TY I PD SAFETY END TREATMENT EA 1 $ $

17 18" POLYPROPYLENE PIPE LF 1,478 $ $

18 24" POLYPROPYLENE PIPE LF 1,024 $ $

19 30" POLYPROPYLENE PIPE LF 1,267 $ $

20 36" POLYPROPYLENE PIPE LF 867 $ $

21 42" POLYPROPYLENE PIPE LF 255 $ $

22 54" POLYPROPYLENE PIPE LF 52 $ $

23 60" POLYPROPYLENE PIPE LF 66 $ $

24 (8' X 5') REINFORCED CONCRETE BOX

(JACK/BORE/TUNNEL) LF 87 $ $

TOTAL (DRAINAGE IMPROVEMENTS) $

ELECTRICAL IMPROVEMENTS

1 CONDUIT (PVC SCH.40, 2") LF 500 $ $

2 WIRE (THHN/THWN, #1 AWG) LF 500 $ $

3 UNISTRUT LS 1 $ $

4 ELECTRICAL PANEL LS 1 $ $

5 DISCONNECT (100A) LS 1 $ $

TOTAL (ELECTRICAL IMPROVEMENTS) $

UTILITY IMPROVEMENTS

1 8" C-900 WATER LINE LF 4,000 $ $

2 12" C-900 WATER LINE LF 5,950 $ $

3 6" GATE VALVE & BOX EA 41 $ $

4 8" GATE VALVE & BOX EA 32 $ $

5 12" GATE VALVE & BOX EA 13 $ $

6 12" C-900 PVC CASING (OPEN TRENCH) LF 72 $ $

7 16" C-900 PVC CASING (OPEN TRENCH) LF 72 $ $

8 6" C-900 DR-14 HYDRANT LEAD LF 2,000 $ $

9 1-1/2" C-901 POLY LF 117 $ $

10 2" C-901 POLY LF 92 $ $

11 TRENCH SAFETY LF 12,197 $ $

12 1-1/2" IRRIGATION METER EA 2 $ $

13 REINSTALL EXISTING IRRIGATION METER EA 1 $ $

No.

Description Unit Estimated Quantity

Bid Unit Price

Bid Amount

14 1-1/2" SERVICE TAP EA 3 $ $

15 2" WATER METER EA 1 $ $

16 2" SERVICE TAP EA 1 $ $

17 AIR RELIEF VALVE w/4' FIBERGLASS MANHOLE EA 7 $ $

18 FIRE HYDRANT EA 2 $ $

19 FIRE HYDRANT ASSEMBLY W/ AUTOMATIC FLUSHER EA 1 $ $

20 24" STEEL CASING (BORED) EA 156 $ $

21 16" STEEL CASING (BORED) EA 49 $ $

22 CONNECT TO EXISTING 16" W/16X12 TAPPING SLEEVE

& VALVE EA 1 $ $

23 CONNECT TO EXISTING 16" W/16X8 TAPPING SLEEVE &

VALVE EA 8 $ $

24 CONNECT TO EXISTING 16" W/16X6 TAPPING SLEEVE &

VALVE EA 3 $ $

25 REMOVE PLUG & CONNECT TO EXISTING 12" WATER

LINE EA 1 $ $

26 DUCTILE IRON FITTINGS TON 18.6 $ $

TOTAL (UTILITY IMPROVEMENTS) $

SANITARY SEWER

1 8" SDR-26 SANITARY SEWER MAIN LF 3,060 $ $

2 8" SDR-26 SANITARY SEWER MAIN W/CSS EMBEDMENT LF 90 $ $

3 12" SDR-26 SANITARY SEWER MAIN LF 5,400 $ $

4 12" SDR-26 SANITARY SEWER MAIN W/CSS

EMBEDMENT LF 50 $ $

4 8" C-900 DR-25 SANITARY FORCE MAIN LF 1,950 $ $

5 TRENCH SAFETY LF 10,410 $ $

6 16" STEEL CASING (OPEN TRENCH) LF 84 $ $

7 16" STEEL CASING (BORED) LF 72 $ $

8 24" STEEL CASING (BORED) LF 152 $ $

9 8" PLUG EA 30 $ $

10 12" PLUG EA 1 $ $

11 4' FIBERGLASS MANHOLE EA 13 $ $

12 4' FIBERGLASS MANHOLE W/ EXTERNAL DROP

STRUCTURE

EA

6 $ $

13 5' FIBERGLASS MANHOLE EA 4 $ $

14 5' FIBERGLASS MANHOLE W/ EXTERNAL DROP

STRUCTURE

EA

5 $ $

15 EXTRA VERTICAL DEPTH BEYOND 6' AT MANHOLES

LF

200 $ $

16 CONNECT TO EXISTING MANHOLE EA 3 $ $

17 DUCTILE IRON FITTINGS (FORCE MAIN) TON 0.30 $ $

TOTAL (SANITARY SEWER) $

FRANCHISE UTILITIES

1 4" SCH. 40 PVC SLEEVE LF 7,500 $ $

2 6" SCH. 40 PVC SLEEVE LF 5,000 $ $

3 10" SCH. 40 PVC SLEEVE LF 2,610 $ $

4 FRANCHISE UTILITY JOINT TRENCH LF 8,410 $ $

5 DRIVABLE PIPE MARKER EA 140 $ $

TOTAL (FRANCHISE UTILITIES) $

LANDSCAPE IMPROVEMENTS

No.

Description Unit Estimated Quantity

Bid Unit Price

Bid Amount

1 TOPSOIL SY 51,285 $ $

2 IRRIGATION SYSTEM LS 1 $ $

3 LANDSCAPE PLANTING - TREES - #45 EA 143 $ $

4 LANDSCAPE PLANTING - TREES - #15 EA 28 $ $

5 LANDSCAPE PLANTING - SHRUBS - #3 EA 819 $ $

6 LANDSCAPE PLANTING - SHRUBS - #5 EA 4,598 $ $

7 LANDSCAPE PLANTING - SHRUBS - #15 EA 667 $ $

8 LANDSCAPE ESTABLISHMENT MOS 3 $ $

9 LANDSCAPE MAINTENANCE MOS 12 $ $

TOTAL (LANDSCAPE IMPROVEMENTS) $

TOTAL OF ALL BASE BID ITEMS $

ADDITIVE ALTERNATE #1

No. Description Unit Estimated

Quantity Bid Unit

Price Bid

Amount

ELECTRICAL IMPROVEMENTS

All Electrical Items (#1-#5) from Base Bid, along with the following:

AA1 6 ELECTRICAL PANEL (MINI POWER ZONE) LS 1 $ $

AA1 7 CONDUIT (PVC SCH.40, 1") LF 22,000 $ $

AA1 8 WIRE (THHN/THWN, #8 AWG) LF 44,000 $ $

AA1 9 WIRE (THHN/THWN, #10 AWG) LF 22,000 $ $

AA1 10 LED LIGHT FIXTURE HEADS LS 85 $ $

AA1 11 POLE FOR LIGHT FIXTURE TYPE AA LS 83 $ $

AA1 12 POLE FOR TYPE BB LS 2 $ $

AA1 13 POLE BASES LS 85 $ $

AA1 14 LIGHTING RELAY PANEL LS 1 $ $

TOTAL BID PRICE – ADDITIVE ALTERNATE #1 $

Respondent acknowledges that:

1. each Bid Unit Price includes an amount considered by Respondent to be adequate to cover Contractor’s overhead and profit for each separately identified item, and

2. estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

3. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Respondent may agree to in writing upon request of Owner.

4. Respondent accepts all the terms and conditions of the Instructions to Respondents, including without limitation those dealing with the disposition of Bid security.

5. Respondent’s Representations A. In submitting this Bid, Respondent represents the following:

1) Respondent has examined and carefully studied the Bidding Documents, including Addenda.

2) Respondent has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3) Respondent is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4) Respondent has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5) Respondent has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6) Respondent has considered the information known to Respondent itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions, or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Respondent, if selected as Contractor; and (c) Respondent’s (Contractor’s) safety precautions and programs.

7) Based on the information and observations referred to in the preceding paragraph, Respondent agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

8) Respondent is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

9) Respondent has submitted questions of all conflicts, errors, ambiguities, or discrepancies that Respondent has discovered in the Bidding Documents, and of discrepancies between Site conditions and the Contract Documents, and the answers posted in addenda are acceptable to Respondent.

10) The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

11) The submission of this proposal constitutes an incontrovertible representation by Respondent that without exception the proposal and all prices included are premised upon performing and furnishing the Work required by the Bidding Documents.

7. Respondent’s Certifications

A. The Respondent certifies the following:

1) This Bid is genuine and not made in the interest of or on behalf…