ESBD_File_348277_802-24-41375_Lake Arrowhead P2P Link.pdf

BID F.O.B. AGENCY RECEIVING ROOM

UNLESS OTHERWISE SPECIFIED

BELOW

Respondent must be an authorized DIR Contract vendor.

Offerors that do not have an authorized contract under the above referenced contract number will not be considered.

Offeror Signature

AUTHORIZED

SIGNATURE

DATE

Offeror Formal Quote Attached:

Texas ID Number

Name of Firm

Street Address

City-State-Zip

Telephone No.

Email Address

DESTINATION IF DIFFERENT FROM

ABOVE

Texas Parks and Wildlife Department Lake Arrowhead State Park 229 Park Road 63 Wichita Falls, TX 76310

By signing this bid, bidder certifies that if a Texas address is shown as the address of the bidder, bidder qualifies as a Texas bidder as defined in Title 34 TAC Rule 20.32(68). FAILURE TO MANUALLY SIGN

THE BID ABOVE WILL DISQUALIFY BID.

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

OFFEROR MUST SIGN BELOW

Response Deadline: 2:00 PM CT Wednesday, January 24, 2024

Pricing Request No: 802-24-41375

DIR Contract No:

SEND INVOICE TO:

Texas Parks and Wildlife Department ATTN: Accounts Payable 4200 Smith School Road Austin, Texas 78744

RETURN BIDS TO

IT.Purchasing@tpwd.texas.gov

QUESTIONS – SEND EMAIL TO:

Shatoya.Smith@tpwd.texas.gov

Item Description Class/Item 920-37, 280-29, 838-28, 915-97

Quantity Unit of Measure

Unit Price Extension (Quantity x Unit Price)

1 Install point-to-multipoint wireless links to provide connectivity to facilities in the park. Install indoor and outdoor Wi-Fi access points. Price shall be lump sum, inclusive of all expenses and incidentals needed to successfully complete the installation services described herein.

1 LOT $ $

mailto:IT.Purchasing@tpwd.texas.gov

Statement of Work Requirements:

The Texas Parks and Wildlife Department is seeking to install point-to-multipoint wireless links to provide connectivity to facilities in the park. Install indoor and outdoor Wi-Fi access points. Lake Arrowhead State Park address is Lake Arrowhead State Park, 229 Park Road 63, Wichita Falls, TX 76310.

1. General Requirements.

1.1 Respondents shall provide a project schedule with their response. Scheduling may be a factor in determining best value award.

1.2 Contractor shall install wireless point-to-multipoint wireless links.

1.3 Contractor shall install indoor and outdoor Wi-Fi access points.

1.4 Device location, orientation and heights will be determined by the Contractor so that optimum signal strength and coverage can be achieved.

1.5 Sites requiring IT network infrastructure listed below and can be found on Reference map for Lake Arrowhead State Park in ATTACHMENT 1 - MAP.

1.5.1 Park HQ Building

1.5.2 Park HQ Tower

1.5.3 Maintenance Shop Office

1.5.4 Maintenance Shop Tower

1.5.5 Admin Building

1.6 Equipment List

1.6.1 Contractor will provide:

1.6.1.1 For the Park HQ Tower and Maintenance Shop Tower:

1.6.1.1.1 P2MP: Ethernet lightning protector on all outdoor Ethernet cables, properly grounded.

1.6.1.1.2 Wi-Fi Access Point: Ethernet lightning protector on all outdoor Ethernet cables, properly grounded.

1.6.1.2 For the Admin Building:

1.6.1.2.1 P2MP: Ethernet lightning protector on all outdoor Ethernet cables, properly grounded.

1.6.2 TPWD will provide, configured:

1.6.2.1 For the Park HQ Tower: Meraki MR86 Outdoor Access Point

1.6.2.2 For the Maintenance Shop Tower: Meraki MR86 Outdoor Access Point

1.6.2.3 For the Admin Building: Meraki MR86 Outdoor Access Point

2. Scope of Work

2.1 P2MP Connection:

2.1.1 Contractor will inspect all towers, masts, and guy wire systems and make any necessary adjustments or repairs prior to installing any equipment.

2.1.2 Contractor will mount and install Cambium wireless point-to-multipoint links to the facilities listed below and indicated on the map.

2.1.3 Contractor will adjust all antennas to ensure they are getting the best possible signal.

2.1.4 Contractor will remove the old MikroTik point-to-multipoint equipment and antennas.

2.1.5 Contractor will mount and install Meraki Wi-Fi Access points at all locations indicated.

2.1.6 Contractor will be responsible to install network cable runs to facilitate connections back to telecommunications equipment where necessary.

2.1.7 Contractor will ensure that all equipment including towers, masts, cabling, and surge protectors is grounded properly.

2.2 Wi-Fi Access Points Refresh:

2.2.1 TPWD will ship pre-configured wireless access point to the facility prior to Contractor arrival. Each AP will be labeled with the mounting location for each building.

2.2.2 Contractor will run new CAT6 network cabling from the IDF patch panel to AP locations. Use outdoor-rated cable for outdoor Wi-Fi access points.

2.2.3 TPWD will ship pre-configured Cambium Point-to-Point and Point-to-Multipoint equipment to the facility prior to vendor arrival. Contractor is responsible for installing Cambium P2P and P2MP equipment.

2.2.4 Wireless access points will be installed in all major structures in locations to be determined by site survey walkthrough. Placement will be determined by park staff and vendors to maximize wireless service.

2.2.5 Indoor APs will be Meraki MR44 models. Access points will be ceiling mounted when possible. The Contractor will be responsible to mount access points in locations deemed appropriate to maximize coverage in public or work areas.

2.2.6 Outdoor APs will be Meraki MR86 models. Buildings should be provisioned with at least one MR86 with the appropriate outdoor antenna to provide wireless service to the immediate area and to adjacent camping and public use areas. The Contractor will be responsible to mount the access point, selecting the appropriate antenna, and determining position and orientation to maximize coverage in public areas.

3. Mandatory Site Inspection:

3.1. Respondents are REQUIRED to attend a mandatory site inspection on to become thoroughly familiar with job conditions, determine materials and work needed to successfully complete the service. Failure to give proper consideration in the response submission to site conditions will not constitute grounds for additional compensation.

Attendees are required to sign-in to document attendance.

3.2. All site inspections must be coordinated 24-48 hours in advance with:

Site inspection point of contact: Adam Bowers Lake Arrowhead, Park Superintendent

Phone: (904)528-2211 Email: Adam.Bowers@tpwd.texas.gov

TPWD Project Manager: Damilare Ganiyu Phone: (512)389-8033 Email: Damilare.Ganiyu@tpwd.texas.gov mailto:Adam.Bowers@tpwd.texas.gov

4. Term of Contract: Contract shall commence upon date of award. TPWD prefers installation services are completed as soon as possible. Final project schedule will be determined at time of award. The contract shall terminate upon full performance of all requirements contained in this contract, unless otherwise extended or renewed, as provided in accordance with the contract terms and conditions.

5. Contractor Requirements

5.1. Contractor shall provide service in accordance with requirements specified herein and the resulting contract(s) and adhere to the TPWD Terms and Conditions.

5.2. Contractor shall recommend and provide any equipment that will be needed in addition to the equipment on the Equipment List, including but not limited to enclosures, mounts, screws, CAT6 cabling, Ethernet lightning protector, grounding, etc. (Section 1.5).

5.3. Contractor shall provide all labor, materials, equipment, and supervision necessary to meet requirements of the specified services throughout the term of the contract.

5.4. Contractor is responsible for all costs incurred in the performance of the contract.

5.5. Contractor shall comply with all laws, ordinances, statutes, and regulations pertaining to the services requested herein, and shall obtain such permits, licenses or other authorizations as may be required.

5.6. Contractor shall provide TPWD a written description describing/illustrating the proposed path the fiber conduit will take with consideration for trenching/boring options and penetration depth. This should be included in Exhibit C- Technical Proposal.

5.7. Contractor shall maintain all technical certifications, if applicable, during the duration of the project.

5.8. Contractor shall follow relevant safety rules and conduct the work in a safe manner.

5.9. Contractor is responsible for all materials and equipment stored at the work site.

5.10. Contractor is responsible for the prompt removal of all debris, litter and rubbish regularly throughout the project.

5.11. Contractor shall be solely responsible for the safe operation of all equipment used and for the safety of all personnel employed by or under contract to the Contractor.

5.12. Contractor shall be solely responsible for any damage attributable to Contractor’s operation. Contractor, at their own expense, shall repair any such damage immediately.

The repair work is subject to acceptance by TPWD.

5.13. Contractor is responsible for any and all clean up caused by the operation.

6. TPWD RESPONSIBILITIES:

6.1. TPWD will designate a Contract/Project Manager upon contract award.

6.2. TPWD will furnish no material, labor, equipment, or facilities unless otherwise provided for in this contract.

6.3. TPWD will monitor vendor performance. Failure to provide services in accordance with requirements specified herein and the resulting contract(s) and adherence to the TPWD Terms and Conditions may be considered, by TPWD, as unsatisfactory performance by the contractor. An unsatisfactory performance may result in negative vendor performance, or cancellation of the contract or both.

7. Execution of the Work/Construction Site and Job Conditions:

7.1. Superintendence: Contractor shall designate a Project Lead who will be present at all times at the Project Site during the progress of the Work to supervise or oversee the Work.

Contractor shall not change approved staff during the course of the project without the approval of TPWD unless the staff member leaves the employment of Contractor.

7.2. Jobsite: The Contractor will be provided with designated space in the immediate vicinity of the job site for use during construction. Unauthorized damage to any existing utilities, building facilities, structures, or plant life shall be repaired by the Contractor at no expense to TPWD. The Contractor shall take precautions necessary to protect persons and property against injury or damage and shall be responsible for any such injury or damage. The

Contractor shall not allow any unsafe or unsanitary conditions to develop as a result of

Contractor’s operations for the duration of construction.

8. Protection of Site:

8.1. The Contractor shall protect all trees and shrubs adjacent to construction site, and if

Contractor finds that the Work will require removal of trees the Contractor shall obtain approval of Owner prior to removal. The Contractor shall be held liable for removal of trees without prior approval of Owner.

8.2. During the Evaluation process, all proposals will be evaluated using a Project Resource

Clearance (PRR) methodology for cultural, archeological, environmental, and historic impacts related to ground disturbance, penetrating ingress/egress points within buildings.

This should be included with Exhibit C – Technical Proposal

9. Site Operations:

9.1. During construction of this project the site will remain open to public visitation. It is the responsibility of the Contractor to maintain convenient access and egress to park facilities in a manner to be approved by TPWD. The Contractor shall also be responsible for public safety at the construction site. All temporary fencing, barricades, warning lights, signs, and flagmen shall be provided and maintained by Contractor as needed. The Contractor shall maintain security of construction sites.

9.2. TPWD facility shall not experience any business office downtime in telecommunication services due to vendor construction. Downtime is defined as TPWD users or customers being unable to perform customary functions within the system’s peak hours of usage 7 AM

CST and 7 PM CST, Thursday to Monday

10. Antiquities: Contractor shall take precaution to avoid disturbing primitive records and antiquities of archaeological, paleontological or historical significance. No objects of this nature shall be disturbed without written permission of Owner and the Texas Historical Commission. When such objects are uncovered unexpectedly, the Contractor shall stop all Work in close proximity and notify the ODR and the Texas Historical Commission of their presence and shall not disturb them until written permission and permit to do so is granted. All primitive rights and antiquities, as defined in

Chapter 191, Texas Natural Resource Code, discovered on the Owner’s property shall remain property of State of Texas, the Texas Historical Commission. It is determined by Owner, in consultation with the Texas Historical Commission that exploration or excavation of primitive records or antiquities on Project Site is necessary to avoid loss, Contractor shall cooperate in salvage work attendant to preservation.

11. Permits and Laws:

11.1. Contractor shall comply with all laws, ordinances, statutes, rules and regulations applicable to the project, including but not limited to those pertaining to the collection, transportation and disposal of trash and refuse and shall obtain such permits, licenses or other authorizations as may be required.

11.2. If applicable governmental laws, rules, regulations or ordinances conflict with the Contract

Documents, then such laws, rules, regulations, or ordinances shall govern instead of the

Contract Documents, except in such cases where the Contract Documents exceed them in quality of materials or labor, then the Contract Documents shall be followed.

12. Safety: ALL EQUIPMENT USED ON GOVERNMENT PROPERTY WILL BE IN ACCORDANCE WITH

O.S.H.A. REGULATIONS. ALL SAFETY EQUIPMENT WILL BE USED AT ALL TIMES WHEN OPERATING

EQUIPMENT ON GOVERNMENT PROPERTY.

13. Additional Services After Award: Where found to be in the best interest of TPWD, this contract may be amended in writing to provide for additional services, provided that such additional services are within the original scope and intent of the contract. For example, additional clearing services are needed during the term of contract. In such cases, the contractor shall provide a written quotation for performing the additional work. TPWD contracting section will execute an amendment for additional services, no additional services shall be performed without a fully executed amendment to the contract.

14. Modifications of Contract Terms and/or Amendments

14.1. The terms and conditions of the Contract shall govern all transactions under the Contract.

14.2. The Contract may only be modified or amended upon mutual written agreement of TPWD

Purchaser(s) and the Contractor. An Amendment or Purchase Order Change Notice will be issued to document any changes to the Contract such as statement of work, pricing, terms, delivery, etc.

14.3. Terms and conditions that do not conflict with the Contract and are acceptable to the

Contractor(s) may be added in a Purchase Order and given effect. No additional term or condition added in a Purchase Order can conflict with or diminish a term or condition of the Contract. In the event of a conflict between Purchase Order and the Contract, the Contract term shall control.

15. Insurance: If installation of any kind at TPWD site is required and agreed upon, contractor shall procure and maintain during the entire period of their performance under this contract the following minimum insurance:

Type of Insurance Each Occurrence/Aggregate

Workers Compensation Statutory

Employer’s Liability

Bodily Injury by Accident

Bodily Injury by Disease

Bodily Injury by Disease

$500,00 Ea. Accident

$500,000 Ea. Employee

$500,000 Policy Limit

Commercial General Liability

General Aggregate Applies Per Project

$500,000 Bodily Injury & Property Damage – Ea.

Occurrence

$1,000,000 Aggregate Expense Each Person

$5,000 Medical Expense Per Person

$500,000 Personal Injury & Advertising Liability

$1,000,000 Products/Completed Operations Aggregate

Limit

Automobile Liability

All Owned, Hired and Non-Owned

Vehicles

$500,000 Combined Single Limit

NOTE: Worker’s Compensation is required by an “employer” which is defined as “a person who employs one or more employees”. If Respondent has no employees, such insurance is not required.

If Respondent claims they have no employees, TPWD will require a statement to that fact.

15.1. Policy must contain an additional insured endorsement: The State of Texas, acting through Texas Parks and Wildlife Department and its officers and employees is listed as an additional insured and loss payee.

15.2. Prior to the commencement of the job and not later than ten (10) days following award, the Contractor shall furnish to TPWD, for approval, a Certificate of Insurance as proof that the required insurance is in full force and effect.

The Certificate of Insurance shall be sent to Shatoya Smith 4200 Smith School Road Austin, TX

78744; or IT.Purchasing@tpwd.texas.gov.

16. Inquiries:

16.1. Contact: All requests, questions, or other communications about this Solicitation shall be made in writing addressed to the following person:

Shatoya R. Smith, CTCD Phone: 512-389-8630

Texas Parks & Wildlife Department 4200 Smith School Road, Austin, Texas 78744 Email: IT.Purchasing@tpwd.texas.gov

16.2. Clarifications: TPWD will allow written requests for clarification of this Solicitation.

Questions may be emailed to the point-of-contact listed above. Questions should be submitted in the following format: a) Reference the Solicitations Number; b) Reference the Section number, Page number, Paragraph number, and passage being questioned; and c) Question.

16.3. Prohibited Communications: Upon issuance of this solicitation, TPWD, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s), except for the written inquiries described in Section 16.1 above. Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify Respondent. Respondent shall rely only on written statements issued through or by TPWD’s purchasing staff. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this solicitation.

17. Proposal/Offer Content

Below is a summary of required and requested information. Proposals/offers submitted without this information will be evaluated accordingly. TWPD reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

17.1. Required Response Content: Respondent MUST include the following documentation in their response submission. Failure to submit with response will result in disqualification of the proposal/offer.

17.2. Additional Response Content: Respondent must include the following additional documentation in their response submission, or within one business day of TPWD request.

Failure to submit this additional documentation by TPWD designated deadline may result in disqualification of the proposal/offer.

17.2.1. Exhibit A – Company Profile: Include completed Exhibit A (or reasonable facsimile).

17.2.2. Exhibit B – Past Projects with Corresponding References: Include completed

Exhibit B (or reasonable facsimile).

17.2.3. Exhibit C – Technical Proposal: Include Technical Proposal – tabbed Exhibit C, including numbered responses corresponding to each of the items listed in Exhibit C.

17.2.4. Addenda: Respondent shall acknowledge receipt of any addendums generated as part of this solicitation. The respondents should include the signed and dated addendum(s) with their response submission.

18. Proposal/Offer Submission

18.1. All proposals/offers must be returned via email to IT.Purchasing@tpwd.texas.gov prior to 2:00 PM Central Time of due date specified. Late proposals/offers will not be considered under any circumstance and will be returned unopened.

18.2. Receipt of all addenda to this Price Request should be acknowledged by returning a signed copy of each addendum to the response.

18.3. Respondents to this Price Request are responsible for all costs of proposal/offer preparation.

18.4. Telephone and facsimile proposals/offers are NOT an acceptable response to a Price

Request. All submitted proposals become the property of TPWD after the Price Request submittal due date/ deadline. Responses submitted shall constitute an offer for a period of ninety (90) days or until selection is made by TPWD, whichever is earlier.

18.5. When proposals/offers are opened, only the names of the Respondents who submitted proposals/offers will be read. Prices and terms will not be divulged until after contract award.

18.6. Award: TPWD will award a Contract to the respondent whose quote is considered to be the Best Value to TPWD, price and other factors considered. The following factors may be used to evaluate bids:

18.6.1. Lowest Price

18.6.2. Ability, Qualifications and Experience - Meeting or Exceeding the Requirement

18.6.3. Project Plan

18.6.4. Project Schedule

18.6.5. Past Performance

19. Post Award Meeting: Contractor(s) may be requested to attend a post award meeting in person or via teleconference with TPWD within 15 calendar days after the award of the contract. The purpose of the meeting is to discuss the terms and conditions of the contract and to provide additional information regarding the contract.

EXHIBIT A – Company Profile

Respondent shall use this exhibit (or a reasonable facsimile) to clearly demonstrate how they meet the requirements set forth in this solicitation. This form may be modified as needed to comply with the requirement to document company information.

Failure to return this exhibit (or a reasonable facsimile) may result in the response submission being considered non-responsive.

Company Name:

Principal place of business (Corporate Headquarters):

Address:

City, State, Zip:

Facility responsible for servicing the contract:

Address:

City, State, Zip:

Contact Person regarding company’s submission to the solicitation:

Name & Title:

Phone & Email Address:

Personnel who will be responsible for management and day-to-day operation of services described in this solicitation.

Name & Title:

Phone & Email Address:

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

__ Yes __ No If yes, explain.

Indicate if your company or any of its subsidiaries has been involved in litigation within the last five years.

__ Yes __ No If yes, explain.

Number years in business: Number of employees:

Number years actively participating in offering the goods/services described herein:

Provide company background, experience, qualifications & capabilities in areas of goods/services described herein. Attach page if needed.

Provide present commitments for related or similar services.

Provide description of industry certifications, if applicable.

Provide list of equipment to be used to produce the goods/services described herein. Attach page if needed.

(Equipment inspection, changes, approval & rejection will be at TPWD’s sole discretion.)

EXHIBIT B – Past Projects with Corresponding References

Respondent Name:

Respondents shall use this exhibit (or reasonable facsimile) to provide a minimum of three (3) past projects with corresponding references for projects completed within the past five (5) years that illustrate experience in successfully completing work of a similar nature and scope as the work described in this solicitation. Include all requested information. Please do not use TPWD staff or past work performed for TPWD as a “reference” in this Exhibit. Failure to return this exhibit (or reasonable facsimile) may result in proposal being considered non-responsive.

REFERENCE 1:

Company Address:

Contact Name/Title:

Phone/Email Address:

Service Period: Cost:

Brief Project Description:

REFERENCE 2:

Contact Name/Title:

Phone/Email Address:

REFERENCE 3:

Contact Name/Title:

Phone/Email Address:

REFERENCE 4:

Contact Name/Title:

Phone/Email Address:

EXHIBIT C – Technical Proposal

Respondent shall submit a Technical Proposal – tabbed Exhibit C, including numbered responses corresponding to each of the following items. Failure to provide this information may result in proposal disqualification.

1. Project Approach/Methodology – Include a complete description of the firm’s proposed approach and methodology for the project. This section should convey the firms understanding of the proposed project.

2. Work Plan – Include a description of how you propose to accomplish the required service, including:

2.1. All project requirements and the proposed tasks, services, activities, etc. necessary to accomplish the scope of the project defined in this solicitation. This section of the technical proposal must contain sufficient detail to convey to members of the evaluation team the firm’s knowledge of the subjects and skills necessary to successfully complete the project.

2.2. A written description describing/illustrating the proposed path the fiber conduit will take with consideration for trenching/boring options and penetration depth.

2.3. Provide a fiber route diagram indicating preferred path including details regarding aerial, trenching or boring. Trenching specifications should include trench width and depth.

2.4. Any required involvement of TPWD staff, including but not limited to, any staff resources needed in terms of content, graphics, etc. for both start-up and maintenance.

3. Project Schedule – Include a project schedule indicating when the elements of the work will be completed. Project schedule must ensure that any deliverables requested are met.

4. Deliverables – Fully describe deliverables to be submitted under the proposed contract.

Deliverables must support the requirements set forth in the Scope of Work.

5. Additional Services - Respondent may propose services in excess of those listed above in their proposals. The furnishing of additional services will be a consideration in the evaluation of proposals.

ATTACHMENT 1 – MAP

Park HQ tower:

• Point-To Multipoint:

o Cambium C024900A011 ePMP 1000: 2.4 GHz Connectorized Radio with Sync o Cambium C024900D004 90 Degree 2.4 GHz Sector Antenna o Site location: 33.758607N, 98.394988W o Antenna height: 40 ft.

o Antenna azimuth: 85 degrees o Antenna downtilt: 1 degree o Run outdoor Ethernet cable from wireless bridge to HQ building. Connect PoE to

Ethernet cable and connect PoE to power. Patch PoE into the network switch.

o Ethernet lightning protector on all outdoor Ethernet cables, properly grounded

(Vendor provided).

• Wi-Fi Access Point:

o Meraki MR86 Outdoor Access Point (TPWD provided and configured).

o Run outdoor Ethernet cable from wireless access point into to HQ building. Patch the

Ethernet cable into the network switch.

o Ethernet lightning protector on all outdoor Ethernet cables, properly grounded

(Vendor provided).

o Meraki MR44 Indoor Access Point

Park HQ Building:

o Meraki MR44 Indoor Access Point.

Maintenance Shop Tower:

• Point-To-Multipoint:

o Cambium C024900C031 2.4 GHz Integrated Radio o Site location: 33.76178N, 098.38676W o Antenna height: 40 ft.

o Azimuth: 245.2 Degrees o Run outdoor Ethernet cable from wireless bridge into building. Plug into PoE, and patch the PoE into the network switch.

o Ethernet lightning protector on all outdoor Ethernet cables, properly grounded

(Vendor provided).

• Wi-Fi Access Point:

o Meraki MR86 Outdoor Access Point (TPWD provided and configured).

o Run outdoor Ethernet cable from wireless access point into to Maintenance Shop building. Patch the Ethernet cable into the network switch.

o Ethernet lightning protector on all outdoor Ethernet cables, properly grounded

(Vendor provided).

Maintenance Shop Office:

Admin Building:

• Point-To-Multipoint:

o Cambium C024900C031 2.4 GHz Integrated Radio o Site location: 33.75515N, 098.38438W o Antenna height: On roof or as high as possible.

o Azimuth: 291.3 degrees o Run outdoor Ethernet cable from wireless bridge into building. Plug into PoE, and patch the PoE into the network switch.

o Ethernet lightning protector on all outdoor Ethernet cables, properly grounded

(Vendor provided).

• Wi-Fi Access Points:

o Meraki MR86 Outdoor Access Point (TPWD provided and configured).

o Run outdoor Ethernet cable from wireless access point into Admin building.

o Patch Ethernet cable into network switch.

GENERAL TERMS AND CONDITIONS – INFORMATION TECHNOLOGY PROJECTS

MARCH 2022

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

Any Contract awarded as a result of this solicitation will contain the General Terms and Conditions listed below in this Section. Subcontractors are also obliged to comply with these provisions.

1. DEFINITIONS: As used throughout this solicitation, the following terms have the meaning set forth below.

All other terms have the meaning set forth in Webster’s II New College Dictionary.

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

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

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

1.4. Owner: Texas Parks and Wildlife Department, an agency of the State of Texas.

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

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

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

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

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

1.10. Texas Identification Number: A unique 11-digit number assigned by the Texas Comptroller of Public Accounts. When a Payee first contracts with a state agency, that Payee must provide either a federal Employer Identification Number (EIN) or a Social Security number (SSN). The Texas Identification Number (TIN) is based on this number. (Note: If Respondent does not have a TIN, or does not know their TIN, they may list their EIN or SSN on the “Texas Identification Number” line of the Vendor Information Block of their RFP, RFO, IFB or RFQ response.)

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

2. SPECIFICATIONS:

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

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

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

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

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

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

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

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

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

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

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

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

3.3.3. Effect of the proposed solution on agency productivity.

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

3.3.5. Experience in successfully providing services in this solicitation.

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

a) The Vendor has a score less than C or Legacy Unsatisfactory in the Vendor Performance System,

b) Currently under a Corrective Action Plan through the Texas Comptroller of Public Accounts (CPA),

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

d) Having Purchase Orders that have been cancelled in the previous 12 months for non-performance (i.e., late delivery, etc.).

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

www.txsmartbuy.com/vpts. CPA may conduct reference checks with other entities regarding past performance. In addition to evaluating performance through the Vendor Performance Tracking System (as authorized by 34 Texas Administrative Code §20.115), CPA 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 CPA, and any negative findings, as determined by CPA, may result in non-award to the Respondent.

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

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

http://www.txsmartbuy.com/vpts

6. DELIVERY:

6.1. Show number of days required to place material in receiving agency's designated location under normal conditions. Delivery days mean calendar days, unless otherwise specified. Failure to state delivery time obligates Respondent to deliver in 14 calendar days. Unrealistic delivery promises may cause solicitation to be disregarded.

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

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

6.4. Substitutions: No substitutions permitted without written approval of TPWD.

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

7. TESTING AND INSPECTION:

7.1. TPWD may test and inspect goods and services purchased under the Contract to ensure compliance with the specifications of this solicitation and the Contract. TPWD may also test and inspect goods and services before they are purchased under the Contract. Authorized TPWD personnel shall have access to the Respondent's place of business for the purpose of inspecting the goods. To the extent practical, TPWD inspections will not disrupt the Respondent's daily operations. Tests shall be performed on samples submitted with the Bid/Proposal or on samples taken from regular shipments. All costs of testing and inspection shall be borne by the Respondent.

In the event the goods tested fail to meet or exceed all conditions and requirements of the solicitation and Contract, the goods will be rejected in whole or in part, at the State's option, and returned to the Respondent or held for disposition at the Respondent's expense. Latent defects may result in cancellation of the Contract at no expense to the state.

7.2. If material fails to meet specifications, the Respondent will be notified by fax, mail, or e-mail. The Respondent will have ten (10) working days after receipt of the notification to remove the rejected material from state property. Material will be removed at the Respondent’s expense. Material not removed in the allotted time period will be disposed by TPWD. The Respondent will be charged for all disposable expenses conducted by TPWD.

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

Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Contract entitled "Dispute Resolution."

9. INVOICING AND PAYMENT:

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

9.2 Disputed Invoices: As stated above, the Contractor will receive notice of an error in an invoice submitted for payment by not later than the 21st day after the date the invoice was received by the TPWD. If an invoice dispute is resolved in favor of the Contractor, the Contractor is entitled to receive interest on the unpaid balance of the invoice, beginning on the date the invoice became overdue, pursuant to Gov't Code §2251. 021. If a dispute is resolved in favor of the TPWD, the Contractor shall submit a corrected invoice that must be paid in accordance with Section 2251.021.

The unpaid balance accrues interest if the corrected invoice is not paid by the appropriate date.

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

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

11. PROHIBITION ON LOBBYING: The Respondent shall comply with the provisions of a federal law known generally as the Lobbying Disclosure Act, 2 U.S.C. §1601 et seq. By submitting a Bid/Proposal, the Respondent certifies that it shall not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal Contract, grant, or any other award covered by 31 U.S.C. §1352. It also certifies that the Respondent shall disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award by completing and submitting Standard Form LLL.

12. ANTI-TRUST AND ASSIGNMENT OF CLAIMS: The undersigned affirms under penalty of perjury of the laws of the State of Texas that (1) in connection with this Response, neither I nor any representative of the Respondent have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm Code Chapter 15; (2) in connection with this Response, neither I nor any representative of the Respondent have violated any federal antitrust law; and (3) neither I nor any representative of the Respondent have directly or indirectly communicated any of the contents of this Response to a competitor of the Respondent or any other company, firm, partnership or individual engaged in the same line of business as the Respondent. The successful Contractor hereby assigns to TPWD, any and all claims for overcharges associated with any contract resulting from this solicitation which arise under the antitrust laws of the United States 15 U.S.C.A., Section 1, et seq. (1973), and which arise under the antitrust laws of the State of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

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

14. DISPUTE RESOLUTION:

14.1. The dispute resolution process provided for in Chapter 2260 of Texas Gov’t Code and TPWD regulations shall be used by TPWD and the Respondent to resolve all disputes arising under this Contract. The Contractor shall comply with such rules, as revised from time to time.

14.2. If the Contractor's claim for breach of Contract cannot be resolved informally with TPWD, it shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, the Contractor shall submit written notice, as required by Chapter 2260. The notice shall also be given to the individual identified in the Contract for receipt of notices. Any informal resolution efforts shall in no way modify the requirement or toll the timing of the formal written notice of a claim for breach of Contract required under § 2260.051 of Texas Gov’t Code. Compliance by the Contractor with

Chapter 2260 is a condition precedent to the filing of a contested case proceeding under Chapter

2260.

14.3. The contested case process provided in Chapter 2260 is the Contractor's sole and exclusive process for seeking a remedy for an alleged breach of Contract by TPWD if the Parties are unable to resolve their disputes as described above.

14.4. Compliance with the contested case process provided in Chapter 2260 is a condition precedent to seeking consent to sue from the Legislature under Chapter 107, Civil Practices and Remedies Code. Neither the execution of the Contract by TPWD nor any other conduct of any representative of TPWD relating to the Contract shall be considered a waiver of sovereign immunity to suit.

14.5. Notwithstanding any other provision of the Contract to the contrary, unless otherwise requested or approved in writing by TPWD, the Contractor shall continue performance and shall not be excused from performance during the period any breach of Contract claim or dispute is pending under either of the above processes; however, the Contractor may suspend performance during the pendency of such claim or dispute if the Contractor has complied with all provisions of Gov't Code §2251.051, and such suspension of performance is expressly applicable and authorized under that law.

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

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

16. NAME CHANGES AND SALES:

16.1. If the Contractor changes its name or is sold to another entity, it must provide written notification to TPWD. The Contractor, in its notice, shall describe the circumstances of the name change or sale, state its new name, provide the new Tax Identification Number, and describe how the change will impact its ability to perform the Contract. If the change entails personnel changes for personnel performing the responsibilities of the Contract for the Contractor, the Contractor shall identify the new personnel and provide resumes to TPWD, if resumes were originally required by the Solicitation. TPWD may request other information about the change and its impact on the Contract and the Contractor shall supply the requested information within five (5) working days of receipt of the request.

16.2. TPWD may terminate the Contract due to a sale of or change to the Contractor that materially alters the Contractor's ability to perform under the Contract. The TPWD has the sole discretion to determine if termination is appropriate.

17. CONTRACTOR RESPONSIBILITIES:

17.1. Contractor agrees to comply with all terms and conditions contained in this solicitation and resulting Contract.

17.2. Contractor guarantees services offered will meet or exceed the written specifications identified in this solicitation.

17.3. Permits: Contractor shall be responsible, at the Contractor’s expense, for obtaining any and all permits or licenses required by city, county, state, or federal rules, regulations, law, or codes that pertain to the Contract.

17.4. Electrical Items: All electrical items provided by the Contractor to TPWD under the Contract must meet all applicable OSHA standards and regulations, and bear the appropriate listing from UL, FMRC, or NEMA.

17.5. Executive Head: Pursuant to Gov't Code §669.003, the TPWD may not enter into a contract with a person who employs a current or former Executive Head of a state agency until four years have passed since that person was the executive head of the state agency. By submitting a Proposal, the Respondent certifies that it does not employ any person who was the Executive Head of a state agency in the past four years. If Section 669.003 applies, Respondent shall complete the following information in order for the response submission to be evaluated:

Name of former executive: ________________________________

Name of state agency: ___________________________________

Date of separation from state agency: _______________________

Position with Respondent: _________________________________

Date of employment with Respondent: _______________________

17.6. Contractor agrees to take precautions necessary to protect person or property against injury or damage and be responsible for such injury or damage.

17.7. Contractor agrees to comply with Federal law or State Worker’s Compensation laws which are applicable to the work required or performed under this Contract and to pay or cause to be paid all compensation, medical or hospital bills which may become…