ESBD_File_344230_IFB 808-24-240720 Construction of Shade Pavilion at CADDO .pdf

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Construction of a Shade Pavilion at Caddo Mounds Historic Site

IFB # 808-24-240720

THC CONTACT: ISSUE DATE: December 7, 2023 Abel Martinez, CTCD, CTCM BID DUE DATE: January 9, 2024 THC Purchaser @ P.M. Central Time

(512) 463-5922 Abel.Martinez@thc.texas.gov mailto:Michael.Gibbons@thc.texas.gov

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TABLE OF CONTENTS

Signature Page ___________________ 3

Section I General _______________________________________________________4 Section 1.1 Scope of Work ____________________________________________4

Section 1.2 Contract Term ____________________________________________4 Section 1.3 Compensation ____________________________________________ 4

Section 1.4 Definitions _______________________________________________5 Section 1.5 IFB Procedures ___________________________________________ 5 Section 1.6 Authority _______________________________________________ 6

Section II Statement of Work _____________________________________________ 6 Section 2.1 Service Requirements _______________________________________6

Section 2.2 Subcontractors ____________________________________________7 Section 2.3 Performance Tracking ______________________________________ 7

Section III Bid Information 7 Section 3.1 Schedule of Events 7 Section 3.2 Revisions to Schedule 7 Section 3.3 Site Visit_________________________________________________ 8 Section 3.4 Bid Requirements ______________________________________ 8 Section 3.5 Inquiries 9 Section 3.6 Bid Submission 9 Section 3.7 Delivery of Bids __________________________________________ 10 Section 3.8 Bid Opening _____________________________________ _______ 10 Section 3.9 Tie Breaker ____________________________________________10 Section 3.10 Past Performance ________________________________________ 10

EXHIBITS

Exhibit A Execution of Offer (provided by THC, to be completed by respondent) Exhibit B Conflict of Interest/Disclosure Statement/Certificate Regarding Public Nature of the Offer (provided by THC, to be completed by respondent) Exhibit C Price Schedule (provided by THC, to be completed by respondent) Exhibit D Experience and References (provided by THC, to be completed by respondent) Exhibit E Insurance (provided by THC for reference, respondent shall provide proof of insurance) Exhibit F Mandatory Site Visit Form Exhibit G Construction Documents

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TEXAS HISTORICAL COMMISSION

INVITATION FOR BIDS

SIGNATURE PAGE

ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF BID, ANY

EXCEPTIONS THERETO MUST BE IN WRITING

Late bids will NOT be considered under any circumstances and will be returned unopened.

Award will be posted on http://www.txsmartbuy.com/sp.

Bidder must sign bid – the laws of the State of Texas must prevail on all bids. By signing this signature page, Bidder certifies that if a Texas address is shown as the address of the Bidder, Bidder qualifies as a Texas Resident Bidder as defined in Rule 1 TAC 111.2.

The Payee Identification Number (PIN) is the taxpayer number assigned and used by the Comptroller of Public Accounts of Texas. This number needs to be entered in the spaces provided below. If this number is unknown, please enter either your federal employer’s identification Number or if sole owner enters your Social Security Number.

PIN: _______________________________________ Phone: (_____) __________-___________

Business Name: ___________________________________ Fax Number: (_____) _________-___________

Address: _________________________________________ HUB Certified? [ ] Yes [ ] No

City-State-Zip: ____________________________________ HUB #: ________________________

Email Address: ____________________________________

Signature: ___________________________________ Print Name: _______________________________

Texas Department of Licensing and Regulation license Number: ________________

AWARD NOTICE: The State reserves the right to accept or reject all or any part of a bid and waive minor technicalities. The State will award the Contract to best serve the interests of the State. Award will be posted on the Electronic Statewide Business Daily (ESBD) Website after contract has been executed.

IFB Opening Address Texas Historical Commission IFB No.: 808-24-240720 1700 N. Congress, B-65 IFB Deadline: January 9, 2024 Austin, Texas 78701 IFB Closing: 2:00 P.M. Central Time

NOTE: THIS FORM MUST BE SIGNED AND RETURNED WITH THE BID

http://www.txsmartbuy.com/sp

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TEXAS HISTORICAL COMMISSION

INVITATION FOR BIDS # 808-24-240720

FOR

Construction of a Shade Pavilion at the

Caddo Mounds Historic Site

Class/Item:

914-57 (New Construction Metal Work) 912-16 (Boring, Drilling)

SECTION I

GENERAL

1.1 SCOPE OF WORK.

The Texas Historical Commission (THC) issues this Invitation for Bid (IFB) to solicit bids from qualified firms to provide structural steel frame fabric 20ft x 40ft shade pavilion at Caddo Mounds Historic Site. Located at 1641 TX-21, Alto, Texas, 75925.

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

1.2 CONTRACT TERM.

The contract resulting from this solicitation will be in the form of a Purchase Order (PO). The PO will have a defined term date.

1.3 COMPENSATION.

A. Basis of Payment. The basis of payment and reimbursement of costs is set forth in Exhibit C Price Schedule.

Acceptance by THC of deliverables specified in the Contract is a condition of payment.

B. Invoices. The awarded Bidder shall request payment by submitting the original of an itemized invoice in a form acceptable to THC. The invoice shall be supported by documentation required for the basis of payment listed in Exhibit C, Price Schedule. The awarded Bidder may submit an invoice no more frequently than monthly and no later than ninety days after completing deliverables specified in the Contract. Each invoice shall show the PO number, the total amount earned to the date of submission, and the amount due as of the date of the invoice.

C. Withholding Payments. If payment is withheld, THC shall notify the awarded Bidder and specify conditions that would allow the THC to release the payment. THC reserves the right to withhold payment:

(1) If a dispute over the work or costs is not resolved within thirty (30) days.

(2) pending verification that work is satisfactory.

(3) if the awarded Bidder becomes a delinquent obligor under Family Code, §231.006;

(4) if required work product is not received; or https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm

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(5) if the State Comptroller of Public Accounts will not issue a warrant to the awarded Bidder.

D. Sub Providers and Suppliers List. The awarded Bidder must provide THC with a list of all sub providers and suppliers that submitted quotes or bids for subcontracts. This list shall include sub providers' and suppliers' names, addresses, and telephone numbers.

E. Debt to the State. If the State Comptroller of Public Accounts is prohibited from issuing a warrant to the awarded Bidder because of a debt owed to the State, the State shall apply all payments due the awarded Bidder to the debt until the debt is paid in full.

1.4 DEFINITIONS. For purposes of this IFB, the following definitions apply;

a) Acceptable Quality Level – The level of performance of requested services below which the Contract will not be paid or damages may be assessed.

b) Addendum – A modification of the specifications issued by the THC and distributed to prospective Bidders prior to the opening of bids.

c) Contract (PO) – The Contract awarded as a result of this IFB and all exhibits thereto, any Addenda issued in conjunction with this IFB, the successful Bidder’s bid, and subsequent submissions by Bidder.

d) Electronic State Business Daily (ESBD) – The Electronic State Business Daily, which is available on-line at http://www.txsmartbuy.com/sp

e) Gov't Code – Texas Government Code.

f) Bid – The response submitted by a vendor to the THC as a result of this solicitation.

g) Bidder – Any person or vendor who submits a bid in response to this solicitation.

h) IFB – Invitation for Bids, which is the type of solicitation in this document.

i) TAC – Texas Administrative Code, which is the publication for administrative rules.

1.5 IFB PROTEST PROCEDURES.

Pursuant to 13 TAC §11.13: a) The purpose of this section is to provide an internal protest procedure to be used by any actual or prospective Bidder, offeror, proposer, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a Contract by the commission from a delegated procurement. The following procedures are available for persons or firms not awarded the Contract pursuant to authority delegated to the commission by the Comptroller of Public Accounts or by Texas Government Code, Chapters 2155 - 2158. These procedures are consistent with the rules of the Comptroller of Public Accounts insofar as such rules are applicable to an internal agency review.

(b) Any actual Bidder or offeror who is aggrieved in connection with the award of a Contract may formally protest the award of the Contract by submitting a protest to the executive director in accordance with the procedures in this section.

(1) Any bid protest must be in writing and received in the care of the executive director within five working days after the Bidder is notified that the award of a Contract is forthcoming or otherwise knows, or should have known, of the occurrence of the action which is protested.

(2) Formal protests must conform to the requirements of and shall be resolved in accordance with the procedures set forth in this section.

(3) In the event of a timely protest, the commission shall consider the protest and reply in writing before proceeding with the solicitation or with the award of the Contract unless the executive director makes a determination that the award of Contract without delay is necessary to protect substantial interests of the state.

(4) If the executive director determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, the executive director shall inform the protesting party and other interested parties of that determination by letter. The letter shall set forth the reasons for the determination and may set forth any appropriate remedial action, which may include canceling or voiding the Contract to the extent allowed by law.

(5) A Bid or a Bid protest that is not submitted in a timely manner is not eligible for consideration under this section.

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(c) A formal protest shall be addressed to the executive director and must be sworn and contain the following:

(1) a specific identification of a statutory or regulatory provision(s) that the action complained of is alleged to have violated;

(2) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (1) of this subsection;

(3) a precise statement of the relevant facts;

(4) an identification of the issue or issues to be resolved;

(5) argument and authorities in support of the protest; and

(6) a statement that copies of the protest have been mailed or delivered to all other identifiable interested parties. Upon request, the commission will furnish to the requestor a list of interested parties, as reflected in the records of the commission.

(d) The executive director may request additional information from the party submitting the protest, any other interested party, or commission staff.

(e) If the protest is not resolved by mutual agreement, the executive director will issue a written determination of the protest.

(1) If the executive director determines that no violation of rules or statutes has occurred, he shall so inform the protesting party by letter which sets forth the reasons for the determination.

(2) If the executive director determines that a violation of the rules or statutes has occurred, he shall so inform the protesting party by letter which sets forth the reasons for the determination and the appropriate remedial action.

(f) A decision by the executive director shall be the final administrative action.

(g) The commission will maintain all documentation about the purchasing process to be used in the event of a protest or appeal in accordance with the commission's record retention schedule.

1.6 AUTHORITY.

The THC posts this solicitation pursuant to and under Tex. Gov’t Code §2155.137, 34 TAC Part 1, Chapter 20, Subchapter B, Division 1, § 20.82(a)(2), and 34 TAC Part 1, Chapter 20, Subchapter C, Division.2, §§20.206, 20.209, 20.210.

SECTION II

STATEMENT OF WORK

2.1 SERVICE REQUIREMENTS.

Services shall include, but are not limited to, the requirements contained in this IFB. Services set forth that contain the words "must" or "shall" are mandatory and must be provided as specified with no alteration, modification, or exception.

Services set forth that contain the words "may" or "can" allow Bidders to offer alternatives to the manner in which the commodities/services are provided. Awarded vendor must meet IFB criteria listed under Section III, 3.4 Bid Requirements and 3.10 Past Performance.

Scope of Services: The Texas Historical Commission (THC) issues this Invitation for Bids (IFB) to solicit bids from qualified firms.

DESCRIPTION OF WORK:

A. General: Provide labor, materials, tools, machinery, equipment, appliances, fixtures, devices, and services necessary to construct a shade pavilion at the Caddo Mounds Historic Site. Visit the project site and meet with the site manager to review the project scope and existing conditions.

B. Standards, Codes, and Permits:

https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2155.htm#2155.137 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=82 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=206 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=209 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=34&pt=1&ch=20&rl=210

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a. All work shall be performed in strict compliance with all applicable Local and State codes.

b. Caddo Mounds Historic Site is a historic landmark. Treat all buildings and grounds with care.

C. Work Included: The Work Includes the following systems, equipment, and services:

a. Provide 40ft x 20ft shade pavilion structural steel 4 post frame.

b. Provide drilled reinforced concrete piers footings for structural steel pavilion frame.

c. Provide hip shaped HDPE (High Density Polyethylene) shade fabric metal framed cover, w/sleeved edges, w/ high strength wire rope.

d. Provide crushed granite finish ground surface located below shade structure, and at adjacent walkway, w/ bender board landscaping edging. Prepare ground surface to accommodate level crushed granite installation.

e. Provide all necessary equipment to perform the scope of work listed above.

f. See Exhibit Construction Documents: Cover Sheet, A1, A2, A3. for scope of work and project requirements.

Bid must include all equipment and labor necessary to complete the project as described.

Warranty: Upon final acceptance of the Work by the Owner, the Contractor shall furnish the Owner with the maximum available manufacturer’s warranty on all installed products and a one-year warranty on the work.

Location of work site: Caddo Mounds Historic Site. Located at 1641 TX-21, Alto, Texas, 75925.

2.2 SUBCONTRACTORS (if applicable). Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of Bidder. No subcontract under the Contract shall relieve Bidder of responsibility for ensuring the requested services are provided. Bidders planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors and the Bid shall include a letter from each proposed subcontractor, agreeing to work on the team.

2.3 PERFORMANCE TRACKING. THC will monitor the performance of the Contract issued under this IFB. All services under the Contract shall be performed in a consistent manner. All deliverables will be submitted in accordance with the Contract requirements.

SECTION III

BID INFORMATION

3.1 SCHEDULE OF EVENTS. The solicitation process for this IFB will proceed according to the following proposed schedule: The schedule listed is for planning purposes only and subject to change.

EVENT DATE

IFB Posting Date December 7, 2023 Date range for site visits December 12-15, 2023 Deadline for Submissions of Questions in Writing December 19, 2023

Official Response to Questions Posted on the ESBD December 22, 2023 Deadline for Submission of Bids January 9, 2024, 2:00 PM CT Public Bid Opening January 9, 2024, 2:15 PM CT Expected Notice of Intent to Award January 16, 2024 Expected Contract Execution January 23, 2024

3.2 REVISIONS TO SCHEDULE. THC reserves the right to change the dates in the schedule of events above upon written notification to prospective Bidders through a posting on the Electronic State Business Daily (ESBD) as an Addendum. It is the responsibility of interested parties to periodically check the ESBD for updates to the IFB prior to

8 | P a g e submitting a bid. The Bidder’s failure to periodically check the ESBD will in no way release the selected Contractor from the requirements of "addenda or additional information" nor will any resulting additional costs to meet the requirements allowed after the award(s).

3.3 SITE VISIT. The site visit is mandatory. Respondents must meet with the site manager to become familiar with the existing conditions and requirements before submitting a bid. Signatures are required by both the site representative and respondent when the site visit is completed to establish the date that the site visit took place. Exhibit F, Site Visit Form, must be included in Respondent’s Bid. Bids will be rejected if a signed site visit form is not included.

The site contacts are the Site Manager, Tony Souther, 936-858-3218. Site location: Caddo Mounds Historic Site. Located at 1641 TX-21, Alto, Texas, 75925.

3.4 BID REQUIREMENTS. Bids must be organized as described below. Bids not organized in this manner are subject to disqualification. Bids must be complete; failure to include all required information may result in disqualification. Additionally, the respondent shall provide a formatted USB Flash Drive containing an original, complete copy of the respondent’s proposal to this IFB. The format shall be Adobe Acrobat version 9.0 or higher.

a) Submit the following with authorized signature affixed, if required. In addition to physical copies, submit a USB flash drive containing these documents. If submitting electronically, either print, sign and scan each document or utilize electronic signature software.

Document to be submitted Signature required?

# copies

Signature Page Yes 1

Exhibit A - Execution of Offer - Failure to sign and return with the Submittal will result in rejection of the Submittal.

Yes 1

Exhibit B - Conflict of Interest/Disclosure Statement/Certification Regarding Public Nature of the Submittal

Yes 1

Exhibit C – Price Schedule Yes 1

Exhibit D – Experience and References No 1

Exhibit E – Insurance No 1

Exhibit F – Completed Site Visit Form Yes 1

Signed addenda, if applicable Yes 1

b) USB drives must not be password-protected. Submission of password-protected USB drives will be considered non-responsive, and the Response will be disqualified.

c) In the event of any discrepancies or variations among different copies or different versions of the Proposal, THC is under no obligation to resolve the inconsistencies and may make its scoring and selection decision accordingly, including the decision to disqualify a Solicitation Response. If a digital copy is submitted, THC will consider that to

9 | P a g e be the original for the purpose of evaluation and selection for negation and Contract award.

d) Costs: THC will not reimburse the Bidder for any cost related to its bid. The Bidder is responsible for all expenses related to the preparation and submission of its bid.

e) Insurance: Provide proof of insurance according to Exhibit E-Insurance Requirements.

3.5 INQUIRIES.

a) All inquiries must be submitted in writing by the date listed as the deadline for submission of questions as specified in Section 3.1 above. Verbal inquiries and responses will not be valid or binding.

a. For questions contact: Abel Martinez, THC, at Abel.Martinez@thc.texas.gov.

b) All inquiries will result in written responses as an Addendum posted on the Electronic State Business Daily ESBD, available at http://www.txsmartbuy.com/sp. If a Bidder does not have internet access, a copy of all written responses may be obtained through the point of contact listed above.

c) Except as otherwise provided in this Section, upon issuance of this IFB, other employees and representatives of THC will not answer questions or otherwise discuss the contents of the IFB with any potential Bidder or its representatives. Failure to observe this restriction may result in disqualifications of any subsequent response.

This restriction does not preclude discussions unrelated to this IFB.

d) If Bidder takes any exceptions to any provisions of this IFB, these exceptions must be specifically and clearly identified by Section 3.1 in Bidder’s response to this IFB. Bidders cannot take a 'blanket exception' to this entire IFB. If any Bidders takes a 'blanket exception' to this entire IFB or does not provide proposed alternative language, the Bidder’s response may be disqualified from further consideration. Any exception may result in the Contract not being awarded to the Bidder.

3.6 BID SUBMISSION.

a) All bids shall be received, and time stamped at THC prior to 2:00 PM Central Time, Austin, Texas, on the date specified in the Schedule of Events above under Section III, Bid Information, 3.1. Late bids will not be accepted.

b) Bids should be placed in a separate envelope or package and correctly identified with the IFB number and submittal deadline/IFB opening date and time. It is Bidder’s responsibility to appropriately mark and deliver the Bid to THC by the specified date. A U.S. Postal Service (USPS) postmark or round validation stamp; a mail receipt with the date of mailing, stamped by the USPS; a dated shipping label, invoice or receipt from a commercial carrier; or any other documentation in lieu of the on-site time stamp WILL NOT be accepted.

c) Telephone and facsimile bids will not be accepted.

d) Receipt of all addenda to this IFB should be acknowledged by returning a signed copy of each Addendum with the submitted bid.

3.7 DELIVERY OF BIDS. Bids shall be submitted to THC by one of the following methods:

Email U.S. Postal Service Overnight/Express Mail Hand Deliver Emailed bids to:

responses@thc.texas.gov

Subject line:

Attn: Abel Martinez, IFB # 808-24-240720

Texas Historical Commission Attn: Abel Martinez

IFB # 808-24-240720

PO Box 12276 Austin, TX 78711-2276

Texas Historical Commission Attn: Abel Martinez

IFB # 808-24-240720

1700 N Congress Ave, B-65 Austin, TX 78701

Texas Historical Commission Attn: Abel Martinez

IFB # 808-24-240720

1700 N Congress Ave, B-65 Austin, TX 78701 Hours - 8:00 AM to 5:00 PM (CT)

If submitting a bid by a method other than by email return one (1) hard copy original, & one (1) PDF copy of the bid on a USB flash drive.

mailto:Michael.Gibbons@thc.texas.gov mailto:responses@thc.texas.gov

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Immediately below return address on SEALED ENVELOPE, annotate opening date and request for bid number.

3.8 BID OPENING. Bids will be opened at the Texas Historical Commission, Rusk Building, 208 E. 10th Street, Austin, Texas, 78711

a) All submitted bids become the property of THC after the IFB submittal deadline/opening date. The submitted bids and accompanying documentation will not be returned.

b) Bids submitted shall constitute an offer for a period of ninety (90) days or until selection is made by THC, whichever occurs earlier.

3.9 TIE BREAKERS: In the event of a tie, the awarded Bidder will be determined by preferences, per 34 TAC Rule 20.38.

3.10 PAST PERFORMANCE: A Bidder’s past performance will be measured based upon pass/fail criteria, in compliance with applicable provisions of §§2155.074, 2155.075, 2156.007, 2157.003, and 2157.125, Gov’t Code. Bidders may fail this selection criteria for any of the following conditions:

3.12.1 A score of less than 90% in the Vendor Performance System,

3.12.2 Currently under a Corrective Action Plan through the CPA,

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

3.12.4 Having purchase orders 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:

www.txsmartbuy.com/vpts.

THC may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.108), THC may examine other sources of vendor performance including, but not limited to, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, and non-renewals of contracts. Any such investigations shall be at the sole discretion of THC, and any negative findings, as determined by THC, may result in non-award to the Bidder.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

http://www.txsmartbuy.com/vpts

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Exhibit A

Execution of Offer IFB # 808-24-240720

1. By signature hereon, Respondent represents and warrants that the provisions in this Execution of Offer apply to Respondent and all of Respondent’s principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this IFB or any contract resulting from it.

2. By signature hereon, Respondent represents and warrants its intent to furnish the requested items at the prices quoted in its Offer.

3. By signature hereon, Respondent represents and warrants that its prices include all costs of Respondent in providing the requested items that meet all specifications of this IFB, and that its prices will remain firm for acceptance for a minimum of ninety (90) days from deadline for submission of Offer.

4. By signature hereon, Respondent represents and warrants that each employee, including replacement employees, will possess the qualifications, education, training, experience and certifications necessary to perform the services in the manner required by this IFB.

5. By signature hereon, Respondent represents and warrants that it has no actual or potential conflicts of interest in providing the requested items to THC under the IFB and any resulting contract, if any, and that Respondent’s provision of the requested items under the IFB and any resulting contract, if any, would not reasonably create an appearance of impropriety.

6. By signature hereon, Respondent represents and warrants that, pursuant to Section 2155.003 of the Texas

Government Code, it has not given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the submitted Offer.

7. By signature hereon, Respondent represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code.

8. By signature hereon, Respondent hereby represents and warrants that, pursuant to 15 U.S.C. Section 1, et seq.

and Texas Business and Commerce Code Section 15.01, et seq., neither Respondent nor the firm, corporation, partnership, or institution represented by Respondent, or anyone acting for such a firm, corporation or institution has violated the antitrust laws of this state, federal antitrust laws, nor communicated directly or indirectly the Offer made to any competitor or any other person engaged in such line of business.

9. By signature hereon, Respondent represents and warrants that all statements and information prepared and submitted in response to this IFB are current, complete and accurate.

10. By signature hereon, Respondent represents and warrants that the individual signing this document and the documents made part of this IFB and Offer is authorized to sign such documents on behalf of the Respondent and to bind the Respondent under any contract which may result from the submission of the Offer.

11. By signature hereon, Respondent represents and warrants that if a Texas address is shown as the address of the Respondent, Respondent qualifies as a Texas Bidder as defined by Section 2155.444(c) of the Texas Government Code.

12. Check below if Respondent is claiming a preference under 34 Texas Administrative Code §20.306 or Chapter 2155, Subchapter H of the Texas Government Code:

□ 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

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□ 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

□ Commercial production company or advertising agency located in Texas

13. By signature hereon, under Section 231.006, Texas Family Code, regarding child support, Respondent certifies that the individual or business named in the offer is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated, and payment may be withheld if this certification is inaccurate. Furthermore, any Respondent subject to Section 231.006, Texas Family Code, must include names and Social Security numbers of each person with at least 25% ownership of the business entity submitting the offer. This information must be provided prior to award. Enter the Name and Social Security Number for each person below:

Name: ___________________________________ SSN: _________________________

Name: ___________________________________ SSN: _________________________

Name:

SSN: _________________________

FEDERAL PRIVACY ACT NOTICE: This notice is given pursuant to the Federal Privacy Act. Disclosure of your Social Security Number (SSN) is required under Section 231.006(c) and Section 231.302(c)(2) of the Texas Family Code. The SSN will be used to identify persons that may owe child support. The SSN will be kept confidential to the fullest extent allowed under Section 231.302(e), Texas Family Code.

14. By signature hereon, Respondent represents and warrants that no relationship, whether by relative, business associate, capital funding contract or by any other such kinship exist between Respondent and an employee of any THC component, and Respondent has not been an employee of any THC component within the immediate twelve (12) months prior to Respondent’s Offer. By signature hereon, Respondent certifies that it is in compliance with Section 669.003 of the Texas Government Code, relating to contracting with executive head of a state agency. Respondent must complete the following, marking “N/A” if not applicable:

• Name of Former Executive: ______________________________

• Name of State Agency: __________________________________

• Date of Separation from State Agency: ______________________

• Position with Respondent: ________________________________

• Date of Employment with Respondent: ______________________

All such disclosures will be subject to administrative review and approval prior to THC entering into any contract with Respondent. Respondent acknowledges that any contract resulting from this IFB may be terminated at any time, and payments withheld, if this information is false.

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15. By signature hereon, pursuant to Section 2155.004(a) of the Texas Government Code, Respondent represents and warrants that neither it nor any person or entity which will participate financially in any contract resulting from this IFB has received compensation for participation in the preparation of specifications for this IFB. In addition, under Section 2155.004 of the Texas Government Code, Respondent certifies that the individual or business entity named in the Offer or any contract resulting from this IFB is not ineligible to receive the specified contract and acknowledges that the Contract may be terminated, and payment withheld if this certification is inaccurate.

16. By signature hereon, in accordance with Section 2155.4441 of the Texas Government Code, Respondent agrees that during the performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a price and time comparable to products and materials produced outside this state.

17. By signature hereon, Respondent represents and warrants that THC’s payments to Respondent and

Respondent’s receipt of appropriated or other funds under any contract resulting from this IFB are not prohibited by Sections 556.005, 556.0055 or 556.008 of the Texas Government Code.

18. By signature hereon, Respondent represents and warrants that the offering 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 that 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. Entities ineligible for federal procurement are listed at http://www.sam.gov.

19. Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from awarding a contract to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005.

Under Sections 2155.006 and 2261.053 of the Texas Government Code, Respondent certifies that the individual or business entity named in its Offer is not ineligible to receive the specified contract and acknowledges that any contract resulting from this IFB may be terminated and payment withheld if this certification is inaccurate.

20. By signature hereon, if Respondent is submitting an offer for the purchase or lease of computer equipment, then Respondent hereby certifies its compliance with Chapter 361, Subchapter Y of the Texas Health and Safety Code, and the Texas Commission on Environmental Quality rules at 30 Texas Administrative Code Chapter 328.

21. By signature hereon, Respondent represents and warrants that it is not aware of and has received no notice of any court or governmental agency actions, proceedings or investigations, etc., pending or threatened against Respondent or any of the individuals or entities included in this Section I within the five (5) calendar years immediately preceding the submission of Respondent’s Offer in response to this IFB that would or could impair Respondent’s performance under any contract resulting from this IFB, relate to the solicited or similar goods or services, or otherwise be relevant to THC’s consideration of Respondent’s Offer. If Respondent is unable to make the preceding representation and warranty, then Respondent instead represents and warrants that it has included as a detailed attachment in its Offer a complete disclosure of any such court or governmental agency actions, proceedings or investigations, etc. that would or could impair Respondent’s performance under any contract resulting from this IFB, relate to the solicited or similar goods or services, or otherwise be relevant to THC’s consideration of Respondent’s Offer. In addition, Respondent represents and warrants that it shall notify THC in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update THC shall constitute breach of contract and may result in immediate termination of any contract resulting from this IFB.

http://www.sam.gov/

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22. By signature hereon, Respondent represents and warrants that it and each of its subcontractors have the requisite resources, qualifications and independence to conduct the services free from outside direction, control, or influence, and subject only to the accomplishment of THC’s objectives.

23. By signature hereon, Respondent represents that neither Respondent or any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, proposed in the Offer has been convicted of a felony criminal offense, or that if such a conviction has occurred Respondent has fully advised THC of the facts and circumstances in its Offer.

24. By signature hereon, Respondent represents and warrants that if selected for award of a contract as a result of this IFB, Respondent will submit to THC a Certificate of Interested Parties prior to contract award in accordance with Section 2252.908 of the Texas Government Code.

25. By signature hereon, Respondent represents and warrants that, pursuant to Section 2270.002 of the Texas Government Code, Respondent does not boycott Israel and will not boycott Israel during the term of the contract resulting from this IFB.

26. By signature hereon, Respondent represents and warrants that, Respondent certifies that: (i) is not a “Listed Company” as identified by the Texas Comptroller of Public Accounts or the Texas Pension Review Board; (ii) is not engaged in “scrutinized business operations” as defined by Sections 806.002 or 807.002 of the Texas Government Code; and (iii) does not have contracts with or provide supplies or services to a “foreign terrorist organization” as defined by Section 2252.151(2) of the Texas Government Code.

27. By signature hereon, Respondent represents and warrants that it has read and agrees to all terms and conditions of this IFB, unless Respondent specifically takes an exception and offers an alternative provision in Respondent’s Offer to this IFB.

An authorized representative on behalf of Bidder must complete and sign the following:

Signature of Authorized Representative Date Signed

Printed Name & Title of Authorized Representative

Phone Number

Entity Name (“Respondent”) Fax Number E-mail Address

Federal Employer Identification Number DUNS Number

Physical Street Address City, State, Zip Code

Mailing Address, if different City, State, Zip Code

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Exhibit B

Conflict of Interest/Disclosure Statement/Certification Regarding Public Nature of the Offer

IFB # 808-24-240720

Section I. Conflict of Interest

A. Disclosures. Provide the requested information in the space provided; indicate “N/A” as appropriate.

1. Respondent must disclose any proposed personnel who are current or recent former employees of THC or the State of Texas.

2. Respondent must disclose the following:

a. any existing or potential conflicts of interest or possible issues that might create appearances of impropriety relative to Respondent’s and its proposed subcontractors’ submission of an Offer, possible selection as Successful Respondent, or its performance of the Contract.

b. all past and present contractual, business, financial or personal relationships between Respondent and THC and between Respondent’s proposed subcontractors, if any, and THC.

For each item, Respondent must also provide a detailed explanation of why Respondent does or does not believe such item poses a conflict of interest, potential conflict of interest, or appearance of impropriety issue relative to Respondent’s submission of an Offer, possible selection as the Successful Respondent, or its performance of the Contract.

B. Defined Terms. For purposes of the disclosure statements required by this solicitation, the terms below are defined as follows:

• “past” is defined as within the two (2) calendar years prior to the deadline for submission of offers in response to this solicitation.

• “recent former employees” are defined as those THC employees who have terminated agency employment within the two (2) calendar years prior to the deadline for submission of offers in response to this solicitation.

• “personal relationship” is defined as a current or past connection other than a clearly contractual, business, financial or similar relationship and includes family relationships or other connections outside simply providing a response to this solicitation. For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity; see Chapter 573 of the Texas Government Code, which defines these degrees of consanguinity and affinity. Connections other than such family relationships fall within this definition and must be disclosed if:

(a) a reasonable person could expect the connection to diminish Respondent’s independence of judgment or effectiveness in the performance of the Respondent’s responsibilities to THC or the State of Texas under the Contract;

(b) a reasonable person could expect the connection, within the overall context of Respondent’s submission of an Offer, possible selection as Successful Respondent or its performance of the Contract, to create an issue for the agency’s consideration relative to a potential appearance of impropriety or conflict of interest; or

(c) the relationship is with a THC or other State of Texas employee with authority to make decisions or recommendations on state contracting or procurement or this solicitation. For purposes of this provision, those persons with authority to make decisions or recommendations are those persons who fall within the definition of “purchasing personnel” in Section 2262.004(a)(2) of the Texas Government Code.

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C. Continuing Duty to Disclose. If circumstances change or additional information is obtained subsequent to submission of the Offer, Successful Respondent’s duty to disclose under these provisions continues under the term of the Contract and does not end with submission of an Offer or receipt of contract award.

D. Disclosures under these provisions are information that will be evaluated by THC; however, all information provided will not necessarily lead to a restriction or disqualification. Issues will be considered on a case by case basis in the best interests of the State of Texas. If Respondent is in doubt about whether information should be disclosed, Respondent should consult with its legal counsel. Failure to disclose any required information under these provisions may be cause for offer disqualification or termination of the Contract resulting from this solicitation. THC reserves the right, in its sole discretion, to determine if an issue should result in offer disqualification or termination of the Contract.

Signature of Authorized Representative

Date Signed

Printed Name & Title of Authorized Representative Entity Name (“Respondent”)

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EXHIBIT C

PRICE SCHEDULE

Having carefully examined the Invitation for Bids (IFB) for Construction of a Shade Pavilion at Caddo Mounds Historic Site for the Texas Historical Commission and all other contract documents, the undersigned proposes to provide the requested services for the sum of:

BASE BID ITEMS LUMP SUM PRICE

Material $

Labor

TOTAL

CALENDAR DAYS TO COMPLETE

Email Address: _________________________________________________

Print Name: ____________________________________________________

Signature: ____________________________________________________

Title: ________________________________________________________

Failure to submit a completed price schedule shall cause the Bidder to be disqualified.

The Bid price shall be firm for acceptance for ninety (90) days from the IFB closing date unless otherwise specified in the IFB.

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EXHIBIT D

EXPERIENCE AND REFERENCES

Respondent must have a minimum of eight (8) years of experience in the type of work described.

State number of years of experience with type of work described: ________________________

Past projects - Respondent must describe similar experience for a minimum of three (3) and a maximum of six

(6) similar projects completed. This is to demonstrate respondent’s capability to perform the work. List the projects in order of priority, with the most relevant project first. Provide the following information for each project listed.

Respondent not meeting these requirements will not be considered for an award.

Past projects:

1) Project name: ____________________________________________________________

Description: _____________________________________________________________

Location: ________________________________________________________________

Original contract amount: _______________

Final contract amount, including change orders: ________________

Name of owner (or owner representative): ___________________________________________

Telephone number: _________________________________________

Email address: _____________________________________________

2) Project name: ____________________________________________________________

Description: _____________________________________________________________

Location: ________________________________________________________________

Original contract amount: _______________

Final contract amount, including change orders: ________________

Name of owner (or owner representative): ___________________________________________

3) Project name: ____________________________________________________________

Location: ________________________________________________________________

Original contract amount: _______________

Final contract amount, including change orders: ________________

Name of owner (or owner representative): ___________________________________________

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EXHIBIT D – CONT.

4) Project name: ____________________________________________________________

Location: ________________________________________________________________

Original contract amount: _______________

Final contract amount, including change orders: ________________

Name of owner (or owner representative): ___________________________________________

5) Project name: ____________________________________________________________

Location: ________________________________________________________________

Original contract amount: _______________

Final contract amount, including change orders: ________________

Name of owner (or owner representative): ___________________________________________

6) Project name: ____________________________________________________________

Location: ________________________________________________________________

Original contract amount: _______________

Final contract amount, including change orders: ________________

Name of owner (or owner representative): ___________________________________________

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EXHIBIT D – CONT.

References: Must include a minimum of three (3) references from clients for whom similar services were performed.

Must include contact names, position, and company name and telephone number for each reference listed. THC, at its discretion, may follow up on references provided in material submitted for consideration. Negative responses or inability to contact listed references using contact information in the bid will be considered non-responsive and will not be considered for an award.

1) Reference contact name and position: ______________________________________________

Company name: _______________________________________________________________ Telephone number: _____________________________

2) Reference contact name and position: ______________________________________________

Company name: _______________________________________________________________ Telephone number: _____________________________

3) Reference contact name and position: ______________________________________________

Company name: _______________________________________________________________ Telephone number: _____________________________

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SECTION IV

GENERAL TERMS AND CONDITIONS

Any terms and conditions attached to a response will not be considered unless specifically referred to in this solicitation and may result in disqualification.

The Purchase Order (PO) awarded as a result of this IFB will contain the general terms and conditions listed https://www.thc.texas.gov/public/upload/PO%20T%26Cs%20%28Updated%203-30-2017%29.pdf between the Texas Historical Commission and Awarded Vendor. Subcontractors are also obliged to comply with these provisions.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

https://www.thc.texas.gov/public/upload/PO%20T%26Cs%20%28Updated%203-30-2017%29.pdf