802-13-21128 Ifb Woc Mowing Shredding.pdf0

7/30/2019 802-13-21128 Ifb Woc Mowing Shredding.pdf0

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INVITATION FOR BID - Services

By signing this bid, bidder certifies that if a Texas address is shown as theaddress of the bidder, bidder qualifies as a Texas bidder as defined in Title 34 TACRule 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 com bination that will servethe best interest of the State and to reject any and all bid items in the sole discretion of the State.

Item Description Class/Item 988-36 QuantityUnit of

MeasureUnit Price Total

1. The Texas Parks and Wildlife Department is soliciting bids fromqualified vendors to provide Right-of-Way (ROW) mowing serviceson approximately 73.14 miles of boundary line right-of-way at WhiteOak Creek Wildlife Management Area located approximately 2.5miles north of Naples, Texas

73.14 Mile $

Offered by a Historically Underutilized Business certified by CPA.

PREFERENCES See Section 2.38 of the State of Texas Procurement Manual regarding preferences.

Check below to claim a preference under Title 34 TAC Rule 20.38□ Goods produced or offered by a Texas bidder that is owned by a Texas resident service-disabled veteran□ Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service-disabled veteran□ Agricultural products grown in Texas□ Agricultural products offered by a Texas bidder □ Services offered by a Texas bidder that is owned by a Texas resident service-disabled veteran□ Services offered by a Texas bidder that is not owned by a Texas resident service disabled veteran□ Texas Vegetation Native to the Region □ USA produced supplies, materials or equipment□ Products of persons with mental or physical disabilities□ Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel□ Energy Efficient Products□ Rubberized asphalt paving material□ Recycled motor oil and lubricants□ Products produced at facilities located on formerly contaminated property□ Products and services from economically depressed or blighted areas□ Vendors that meet or exceed air quality standards□ Recycled or Reused Computer Equipment of Other Manufacturers□ Foods of Higher Nutritional Value

FOR FURTHER INFORMATION CONTACT PURCHASER:Renee Serrano, CTPM - PHONE NO. (512) 389- 4811Email: [email protected]

SEND INVOICE TO: RETURN BIDS TO BIDDER MUST SIGN BELOW

Texas Parks and Wildlife Department FAX 512-389-4677, or return to: BID OPENING 2:00 PM May 7, 2013

ATTN: Accounts Payable TPWD - Purchasing and Contracting REQUISITION NO. 802-13-21128

4200 Smith School Road 4200 Smith School Road

Austin, Texas 78744 Austin, Texas 78744 PAGE 1 OF 9

AUTHORIZED SIGNATURE DATE FAXED BIDS WILL

BE ACCEPTED AT:

512-389-4677

SHOW BID OPENINGDATE AND REQUISITIONNUMBER ON SEALED BIDENVELOPE AND SHOWRETURN ADDRESS OF FIRM

BIDDER AGREES TOCOMPLY WITH ALLCONDITIONS OF THIS BID.

BID F.O.B. AGENCY RECEIVING ROOM

UNLESS OTHERWISE SPECIFIED BELOW

DESTINATION IF DIFFERENT THAN ABOVE

See Specification/Description Below

See instructions for Texas ID Number in General Terms &Conditions, Paragraph55.

Bidder Must Fill

in

TEXAS ID NUMBER

Name of Firm

Address

City –State-Zip

Phone No.

Email address

FAILURE TO

MANUALLY

SIGN WILL

DISQUALIFY BID



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Specifications for Mowing and Shredding Right-of-Wayat White Oak Creek Wildlife Management Area

1. Statement of WorkThe Texas Parks and Wildlife Department (TPWD) is soliciting quotes from qualified vendors to provide

Right-of-Way (ROW) mowing services, on approximately 73.14 miles of boundary line right-of-way atWhite Oak Creek Wildlife Management Area (WMA) located approximately 2.5 miles north of Naples,Texas. The quantity of miles specified is an “estimate” based on TPWD past knowledge and experienceof this area. The White Oak Creek WMA is located in Bowie, Cass, Morris and Titus counties, innortheast Texas, near the Arkansas, Oklahoma and Texas border. The WMA covers approximately25,777 acres of mostly bottomland hardwood forest at the confluence of the Sulphur River and WhiteOak Creek. The WMA is managed under a license agreement with the U.S. Army Corps of Engineers.

2. GoalsTPWD’s primary goal is to acquire the services of a vendor who meets or exceeds requirements of thisproject and to have services completed in time to meet federal funds reimbursement time lines.

3. Contract Term

3.1.Initial Term: The contract will become effective the date of award and will continue through August31, 2013. Mowing and shredding shall begin July 1, 2013 and be completed no later thanAugust 21, 2013.

3.2.Renewal Option: This contract may be renewed for up to two (2) additional, one (1) year periodsupon written, mutual consent of both parties, prior to expiration date. Any extensions shall be subjectto the same terms and conditions plus any approved changes in writing.

4. Mandatory Pre-Bid Site InspectionDate and Time: Thursday, May 2, 2013, 9:00amPlace: White Oak Creek WMA main office. Address: 33948 Texas Highway 77, Omaha, Texas 75571

5. Mowing/Shredding5.1.Vendor shall provide all labor, equipment, materials and any other necessary expenses to mow

approximately 73.14 miles of boundary line right-of-way on the White Oak Creek WMA and any other services performed under the terms of this Contract in strict accordance with the Terms andConditions herein.

5.2.Working Hours shall be determined by vendor ’s company policies, procedures and schedule, as longas vendor complies with the State of Texas / Department of Public Safety (DPS) signage and safetyregulations related to right-of-way maintenance services.

5.3.Conditions of Boundary Lane:This work was last performed in August 2012. Boundary lanes will consist of 20 foot wide right-of-ways (approximately 69.14 miles) and 8 foot wide right-of-ways (approximately 4 miles), which areannually mowed and range from flat to steep terrain. Over the past year, trees or tree limbs mayhave fallen into the areas to be mowed.

6. Equipment:

6.1.Historically, four-wheel drive tractors with three-point 8 foot shredders and front end loaders havesuccessfully completed this work, but equipment configuration is at the discretion of the vendor. Allmowing equipment will be inspected for safety requirements prior to the beginning of mowingactivities. Chain saws and front end loaders will be needed for removal of fallen trees and/or limbsfrom the lane. Draw bar mounted pull behind style shredders will have difficulty crossing creeks andditches around the boundary line.

6.2.Equipment will be subject to approval by TPWD’s on site manager for safety requirements. It is thevendor/vendor ’s responsibility to provide TPWD with a proposal schedule which includes equipmentto be used, for each of the services being provided.



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7. Mowing Requirements:7.1.Mowing height shall be approximately 4” to 4.5" and 4" to 6" from fence. Any damage to the fences,

boundary lanes and other improvements resulting from the Vendor ’s operations shall be repairedand/or replaced as soon as possible and prior to any payment for work. Alternatively, the Vendor may elect to have his invoice reduced by an amount equal to TPWD ’s reasonable estimate of thecost of the needed repairs and/or replacements. Estimate for cost repairs are at the sole discretion of TPWD.

7.2. All fallen trees and/or tree limbs three inches (3”) in diameter or larger shall be removed from thelane by the vendor. Such debris may be placed in a convenient area adjacent to the lane, providedsuch placement does not obstruct trails, roadways, drainage paths, gates or other features and is notwith the lane itself.

7.3.All trails routing around creeks, draws, or impassable terrain along the boundary line shall be mowedapproximately eight (8) feet wide.

7.4.When entering creeks or gullies, vegetation along the edges or steep embankments may be cuteither by hand or mower.

8. Additional Information:8.1. Safety: All equipment used on government property shall be in accordance with O.S.H.A.

regulations. All safety equipment shall be used at all times when operating equipment ongovernment property.

8.2. Access to Boundary Sites: It will be the responsibility of the successful vendor to acquire permissionfrom any and all landowners or managers to cross private property to enter the WMA boundary lane.8.3. Keys: The successful vendor will receive keys to WMA gates while working on this project in

accordance with the TPWD policies and procedures. Keys must be returned according to the sitemanager’s directions at completion of project.

8.4. Detailed Maps: Maps and other pertinent information will be available at the WMA office for vendor toinspect project site. See Exhibit I – Area Map.

8.5. Overall Conditions of the Boundary Lane: The lanes are believed to be free from stumps and roots;however, vendors should inspect the property to satisfy themselves as to field conditions. Any treesor tree limbs that may be fallen into the R.O.W. will need to be removed as part of theseservices.

9. Vendor shall include the following in the *per MILE rate.

9.1.Supplies including fuel;9.2.Labor (including certified equipment operators);9.3.Equipment necessary to perform work; and9.4.All other necessary or incidental needs to perform services;9.5.All transportation time including travel and down time for repairs.

*The quoted MILE rate will be based on estimated miles mowed/shred. Any transportation time, traveltime or down time for repairs must have been included in the proposed hourly rate. TPWD reserves the

right to increase or decrease the number of miles awarded.

10. Vendor will be responsible for:10.1.Ensuring all services are complete, including any and all necessary cleanup no later than August

21, 2013. All trash and debris shall be removed at the completion of the mowing/shredding.10.2.Providing enough fuel on-site to accomplish scheduled work and avoid delays that can jeopardize

the overall project time line;10.3.Follow and coordinate activities in accordance with the site manager’s instructions. Vendor shall

provide monthly progress reports to area manager on agreed upon dates and times.10.4.Vendor shall provide the following documents with bid response:

10.4.1. Documentation demonstrating the equipment operators experience with performing this typeof right-of-way services

10.4.2. Documentation showing the number of operators to be included in the project, how longeach operator will be on site and any associated certifications and or licenses for eachmember of the project team.

10.4.3. Include separate documentation to show that the proposal includes qualified personnel to



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operate the necessary mowing/shredding.10.4.4. Provide equipment list to be used for what activities and demonstrate the company number

of years experience providing these types of right-of-way services.10.4.5. Provide with proposal a list of equipment to be used for this project . List shall contain the

following information: type, description, make, model and year. Vendor shall provideequipment information on form set forth as Exhibit A

10.4.6. Equipment is subject to approval by TPWD’s on site manager for safety requirements. It is

the vendor’s responsibility to provide TPWD with a proposal schedule which includesequipment to be used for the services being provided.

11. Project Schedule Proposal PlanVendor shall provide a proposed schedule to accomplish the work required by this RFQ no later thanAugust 21, 2013 and shall include the following:11.1.Estimated number of hours to complete project;11.2.Time allocated shall include time for equipment delivery and site manager’s inspections;11.3.Number of staff members assigned to project;11.4.Planned miles per day to be completed.

12. Company QualificationsVendor shall have the experience and qualifications required to provide these services including, but notlimited to the following:12.1.Vendor must have a minimum of five (5) years in business and a minimum of three (3) years

experience providing these types of services.12.2.Vendor shall provide a minimum of three (3) references including address, phone and e-mail

information along with a contact name and title for services provided which were similar in type andsize of this IFB. Vendor references shall be submitted on Exhibit B: Company References

13. Award of Contract13.1.A contract will be awarded based on the following criteria:

13.1.1. Best value as determined by TPWD including price;13.1.2.Vendor’s past experience in this type of work; 13.1.3. And vendor’s ability to complete project by deadline

14. Insurance

14.1.Vendor shall procure and maintain during the entire period of their performance under this contractthe following minimum insurance shown below;

14.2.Policy must contain an additional insured endorsement for officers and employees of any and allagencies of the State of Texas;

14.3.Prior to the commencement of the job and not later than ten (10) days following award, the Vendor shall furnish to the TPWD, for approval, a certificate of insurance as proof that the requiredinsurance is in full force and effect. The certificate of insurance shall be sent to Renee Serrano,Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; or may befaxed to 512-389-4677.

Type of Insurance Each Occurrence/Aggregate

Workers Compensation StatutoryEmployer's LiabilityBodily Injury by AccidentBodily Injury by DiseaseBodily Injury by Disease

$500,000 Ea. Accident$500,000 Ea. Employee$500,000 Policy Limit

Commercial General LiabilityGeneral Aggregate Applies Per Project

$500,000 Aggregate$500,000 Products Completed Operations$500,000 Personal & Advertising Liability$500,000 Each Occurrence

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$500,000 Combined Single Limit



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Exhibit AEQUIPMENT LIST

Respondent Name: _________________________________________

Describe all equipment to be specifically used for this project in the space provided below. Make sure toinclude dimensions/capacities of equipment, make, model, horsepower and intended use by bid item. For

purposes of this bid evaluation TPWD assumes that the respondent’s equipment list, (submitted below)includes ALL of the equipment that the respondent is dedicating to this project and has considered in hisproposal price.

BIDITEM

EQUIPMENTTYPE

MAKE & MODELHORSEPOWER

DIMENSION ORCAPACITY

# OFUNITS



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EXHIBIT BPast Projects with Corresponding References

Respondent Name: _________________________________________

Respondent shall use this exhibit or a reasonable facsimile to list past with corresponding references that clearly

demonstrate how they meet the requirements set forth in this RFP. Include only references for which projectswere completed with the last five years.

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 proposal being considered non-responsive.

TPWD reserves the r ight to check references pr ior to award. Any negat ive responses may resul t in

disqual i f icat ion of bid.

Name of Client

Address, City, State

Contact/Title

Phone

Email Addressif available

Project Title: Contract Amount

Project Start Date: Project End Date:

Project Description:

Name of Client


Contact/Title

Phone







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Name of Client


Contact/Title

Phone





Name of Client


Contact/Title

Phone







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GENERAL TERMS AND CONDITIONS

April 2013(ITEMS BELOW APPLY TO AND BECOME A PART OF THE CONTRACT)

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

1.1 TPWD: Texas Parks and Wildlife Department acting on behalf of the State of Texas.1.2 Contractor: The individual, corporation, company, partnership, firm, or organization that has tofurnish the materials and has to perform the work as stated in the solicitation.

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

1.4 Subcontractor: Any supplier, distributor, Contractor, person, or firm furnishing to theContractor, materials or services necessary or incidental to the performance of the contractbetween TPWD and Contractor.

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

2. SPECIFICATIONS: The services performed shall be in accordance with the purchase specificationsherein. TPWD will decide the answers to all questions that may arise as to the interpretation of thespecifications and the quality, or acceptability of work performed. TPWD will decide the rate of

progress of the work and the acceptable fulfillment of the service on the part of the Contractor.

3. AWARD OF A PURCHASE ORDER: Standard Purchase Order Terms and Conditions apply. If aconflict exists between the standard purchase order terms and conditions and specific language in thissolicitation, 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, conditionsand specifications contained in the solicitation. Responses do not become contracts unlessand until they are accepted through an authorized TPWD designee by issuance of a purchaseorder.

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 Government Code (TGC) and TPWDrules. 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 relevantterms and conditions of: this solicitation (including its attachments, exhibits, supplements, andaddenda); 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 Any purchase order resulting from this solicitation is subject to cancellation, without penalty,

either in whole or in part, if funds are not appropriated by the Texas Legislature. The purchaseorder for this procurement shall be governed, construed and interpreted under the laws of theState of Texas.

3.4 The purchase order is void if sold or assigned to another company without written approval of TPWD. Written notification of changes to company name, address, telephone number, etc.shall be provided to TPWD as soon as possible, but not later than thirty (30) days from thedate of change.

3.5 Information, documentation, and other material in connection with this solicitation or anyresulting contract may be subject to public disclosure pursuant to Chapter 552 of the TexasGovernment Code (the "Public Information Act").

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

3.6.1 Best meets the goals and objectives of the solicitation as stated above.3.6.2 Best meets the quality and reliability of the proposed services.3.6.3 Effect of the proposed solution on agency productivity.3.6.4 Provides the most customer focused solution that will best meet the needs of the

public.



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3.6.5 Experience in successfully providing services in this solicitation.

3.6.6 As a part of the evaluation process for award and in compliance with the provisions of the Texas Government Code, Title 10, Subtitle D, Section 2155.074, Section2155.075, Section 2156.007, Section 2157.003 and Section 2157.125, and Texas Administrative Code, Title 34, Part I, Chapter 20, Subchapter C, Section 20.108,information obtained from CPA’s Vendor Performance Tracking System may be usedin the evaluation responses to solicitation for goods and services to determine the best

value for the State. The vendor performance Tracking System can be located on theCPA website at:http://www.window.state.tx.us/procurement/prog/vendor_performance/

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

A score of less than 90% in the Vendor Performance System, Currently under a Corrective Action Plan through the CPA,

Having repeated negative Vendor Performance Reports for the same reason, Having purchase orders that have been cancelled in the previous 12 months for

non-performance (i.e. late delivery, etc.). Contractor performance information islocated on the CPA web site at:http://www.window.state.tx.us/procurement/prog/vendor_performance/

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 thespecifications.

6. DELIVERY:

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

6.2 If delay is foreseen, Contractor shall give written notice to the TPWD. Contractor must keep theTPWD advised at all times of status of order. Default in promised delivery (without acceptedreasons) or failure to meet specifications authorizes the TPWD to purchase supplies elsewhereand charge full increase, if any, in cost and handling to defaulting Contractor.

6.3 No substitutions permitted without written approval of TPWD.6.4 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 Mondaythrough Friday except state and National holidays.

7. INSPECTION OF SERVICES:

7.1 All services (which term, throughout this clause, includes services performed, materialfurnished or utilized in the performance of services, and workmanship in the performance of services) shall be subject to inspection and test by the Owner, to the extent practical at alltimes and places during the term of the contract. All inspections by the Owner shall be madein such a manner as not to unduly delay the work.

7.2 If any services performed hereunder are not in conformity with the requirements of thiscontract, the Owner shall have the right to require the Contractor to perform the services again

http://www.window.state.tx.us/procurement/prog/vendor_performance/








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in conformity with the requirements of the contract, at no additional increase in the totalcontract amount. When the services to be performed are of such a nature that the defectcannot be corrected by re-performance of the services, the Owner shall have the right to (i)require the Contractor to immediately take all necessary steps to insure future performance of the services in conformity with the requirements of the contract; and (ii) reduce the contractprice to reflect the reduced value of the services performed. In the event the Contractor failspromptly to perform the services again or to take necessary steps to insure future performance

of the services in conformity with the requirements of the contract, the Owner shall have theright to either (i) by contract or otherwise have the services performed in conformity with thecontract requirements and charge to the Contractor any cost occasioned to the Owner that isdirectly related to the performance of such services; or (ii) terminate this contract for default asprovided in the clause of this contract entitled "Default."

8. CHANGES: TPWD may at any time, by a written order, make changes within the general scope of thiscontract, in the definition of services to be performed, and the time (i.e., hours of the day, days of theweek, etc.) and place of performance thereof. If any such change causes an increase or decrease inthe 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 thecontract 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 thedate of receipt by the Contractor of the notification of change, provided, however, that TPWD, if itdecides that the facts justify such action, may receive and act upon such claims asserted at any timeprior to final payment under this contract. Failure to agree to any adjustment shall be a disputeconcerning a question of fact within the meaning of the clause of this contract entitled "DisputeResolution."

9. PAYMENT: To the extent it is applicable in accordance with the agreement between the parties,payment will be made in accordance with the Texas Prompt Payment law, TGC, Subtitle F, Chapter 2251. Contractor shall submit two (2) copies of an itemized invoice showing the purchase order number, payee I.D., remit to address, and telephone number on all copies.

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. ANTI-TRUST: The successful Contractor hereby assigns to TPWD, any and all claims for overchargesassociated with any contract resulting from this solicitation which arise under the antitrust laws of theUnited States 15 U.S.C.A., Section 1, et seq. (1973), and which arise under the antitrust laws of theState of Texas, Texas Business and Commercial Code Ann. Sec. 15.01, et seq. (1967).

12. DISPUTE RESOLUTION: The dispute resolution process provided for in Chapter 2260 of TexasGovernment Code shall be used by TPWD and the Respondent to resolve all disputes arising under this contract.

13. CONTRACTOR RESPONSIBILITES:

13.1 Contractor agrees to comply with all terms and conditions contained in this solicitation andresulting Contract.

13.2 Contractor guarantees services offered will meet or exceed the written specifications identifiedin this solicitation.

13.3 Contractor agrees to obtain any necessary licenses and permits.13.4 Contractor agrees to take precautions necessary to protect person or property against injury or

damage, and be responsible for such injury or damage.



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13.5 Contractor agrees to comply with Federal law or State Worker’s Compensation laws which areapplicable to the work required or performed under this contract and to pay or cause to be paidall compensation, medical or hospital bills which may become due or payable thereunder, andto protect and indemnify TPWD from and against any and all liability by reason of injury toemployees of Contractor or subcontractor.

13.6 Contractor is subject to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of

1975, Title IX of the Education Amendments of 1972, and offers all persons the opportunity toparticipate in programs or activities regardless of race, color, national origin, age, sex, or disability. Further, it is agreed that no individual will be turned away or otherwise deniedaccess to or benefit from any program or activity that is directly associated with a program onthe basis of race, color national origin, age, and sex (in educational activities) or disability. Theprime Contractor shall ensure that this clause is included in all subcontracts.

13.7 Contractor shall provide all labor, equipment and materials (unless otherwise stated herein)necessary to furnish the goods or perform the service. All employees of the Contractor shallbe a minimum of 17 years of age and experienced in the type of work to be performed. Onlythe Contractor and its employees will be allowed on state property during working hours.

14. INDEPENDENT CONTRACTOR: Both parties hereto, in the performance of this contract, shall act inan individual capacity and not as agents, employees, partners, joint ventures or associates of oneanother. The employees or agents of one party shall not be deemed or construed to be the employeesor agents of the other party for any purposes whatsoever. The Contractor shall be responsible for providing all necessary unemployment and workers’ compensation insurance for the Contractor’semployees. Respondent is and shall remain an independent contractor in relationship to the TPWD.TPWD shall not be responsible for withholding taxes from payments made under any contract resultingfrom this solicitation. Respondent shall have no claim against the TPWD for vacation pay, sick leave,retirement benefits, social security, worker's compensation, health or disability benefits, unemploymentinsurance benefits, or employee benefits of any kind.

15. DAMAGE CLAIMS: The Contractor shall defend, indemnify, and hold harmless the State of Texas, allof its officers, agency and employees from and against all claims, actions, suits, demands, proceedingscosts, damages, and liabilities, arising out of, connected with, or resulting from any acts or omission of contractor or any agent, employee, subcontractor, or supplier of contractor in the execution or performance of this contract.

16. ABANDONMENT OR DEFAULT: If the Contractor defaults on the purchase order, TPWD reservesthe right to cancel the purchase order without notice and either re-solicit or re-award the purchaseorder to the next best responsive and responsible Respondent. The defaulting Contractor will not beconsidered in the re-solicitation and may not be considered in future solicitations for the same type of work, unless the specification or scope of work is significantly changed.

17. RIGHT TO AUDIT: Contractor understands that acceptance of funds under this contract acts asacceptance of the authority of the State Auditor’s Office, TPWD or any successor agency, to conduct

an audit or investigation in connection with those funds. Contractor further agrees to cooperate fullywith the above parties in the conduct of the audit or investigation, including providing all recordsrequested. Contractor shall maintain and retain supporting fiscal and any other documents relevant to

showing that any payments under this Contract funds were expended in accordance with the laws andregulations of the State of Texas, including but not limited to, requirements of the Comptroller of theState of Texas and the State Auditor. Contractor shall maintain all such documents and other recordsrelating to this Contract and the State’s property for a period of four (4) years after the date of

submission of the final invoices or until a resolution of all billing questions, whichever is later.Contractor shall make available at reasonable times and upon reasonable notice, and for reasonableperiods, all documents and other information related to the work of this Contract. Contractor and thesubcontractors shall provide the State Auditor with any information that the State Auditor deemsrelevant to any investigation or audit. Contractor must retain all work and other supporting documentspertaining to this Contract, for purposes of inspecting, monitoring, auditing, or evaluating by TPWD and



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any authorized agency of the State of Texas, including an investigation or audit by the State Auditor.Contractor shall cooperate with any authorized agents of the State of Texas and shall provide themwith prompt access to all of such State’s work as requested. Contractor’s failure to comply with this

Section shall constitute a material breach of this Contract and shall authorize TPWD and the State of Texas to immediately assess appropriate damages for such failure. Contractor acknowledges andunderstands that the acceptance of funds under this Contract shall constitute consent to an audit bythe State Auditor, Comptroller or other agency of the State of Texas. Contractor shall ensure that this

paragraph concerning the State’s authority to audit funds received indirectly by subcontractors throughContractor and the requirement to cooperate is included in any subcontract it awards. Furthermore,under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the State Auditor must provide the State Auditor with access to any information theState Auditor considers relevant to the investigation or audit.

18. FORCE MAJEURE: TPWD may grant relief from performance of the contract if the Contractor isprevented from performance by an act of war, order of legal authority, act of God, or other unavoidablecause not attributable to the fault or negligence of the Contractor. The burden of proof for the need of such relief shall rest upon the Contractor. To obtain release based on force majeure, the Contractor shall file a written request with TPWD.

19. PROPRIETARY OR CONFIDENTIAL INFORMATION: Responses may include proprietary or confidential information. TPWD will take reasonable precautions in protecting such informationprovided that it is clearly identified as proprietary or confidential on the page on which it appears.

20. RIGHT TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE OWNERSHIP): Anysoftware, research, reports studies, data, photographs, negatives or other documents, drawings or materials prepared by Contractor in the performance of its obligations under this contract shall be theexclusive property of the State of Texas and all such materials shall be delivered to the State by theContractor upon completion, termination, or cancellation of this contract. Contractor may, at its ownexpense, keep copies of all its writings for its personal files. Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than the performance of Contractor’s

obligations under this contract without the prior written consent of the State; provided, however, thatContractor shall be allowed to use non-confidential materials for writing samples in pursuit of the work.

The ownership rights described herein shall include, but not be limited to, the right to copy, publish,display, transfer, prepare derivative works, or otherwise use the works.

21. TERMINATION: This contract shall terminate upon full performance of all requirements contained inthis contract, unless otherwise extended or renewed as provided in accordance with the contract termsand conditions.

21.1 Termination for Convenience. TPWD and Contractor reserve the right to terminate thecontract at any time for convenience, in whole or in part, by providing thirty (30) calendar daysadvance written notice of intent to terminate. In the event of such a termination, the Contractor shall, unless otherwise mutually agreed upon in writing, cease all work immediately upon theeffective date of termination. TPWD will be liable for payments limited only to the portion of work authorized by TPWD in writing and completed prior to the effective date of cancellation,

provided that TPWD shall not be liable for any work performed that is not acceptable to TPWDand/or does not meet contract requirements. All work products produced by the Contractor andpaid for by TPWD shall become the property of TPWD and shall be tendered upon request.Termination under this paragraph shall not relieve the vendor of any obligation or liability thathas occurred prior to cancellation.

21.2 Termination for Default. TPWD may, by written notice of default to the Contractor, terminatethis contract, in whole or in part, for cause if the Contractor fails to perform in full compliancewith the contract requirements, through no fault of TPWD. TPWD will provide a thirty (30) daywritten notice of termination to the Contractor of intent to terminate, and TPWD will provide theContractor with an opportunity for consultation with TPWD prior to termination.



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21.3 The rights and remedies of TPWD provided in this clause shall not be exclusive and are inaddition to any other rights and remedies provided by law or under this contract.

22. SUBSTITUTIONS: Substitutions are not permitted without the written approval of TPWD.

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

24. BUY TEXAS: Contractor agrees to comply with Government Code 2155.4441, pertaining to servicecontract use of products produced in the State of Texas. Contractor represents and warrants that it willbuy Texas products and materials for use in providing the services authorized herein when suchproducts and materials are available at a comparable price and in a comparable period of time whencompared to non-Texas products and materials.

25. PUBLIC DISCLOSURE: No public disclosures or news releases pertaining to this solicitation shall bemade without prior written approval of TPWD.

26. NOTE TO RESPONDENT: Any terms and conditions attached to a solicitation will not be consideredunless specifically referred to on this solicitation form and may result in disqualification of the

solicitation. If any respondent takes a ‘blanket exception’ to the entire solicitation or does not provideproposed alternative language, the respondent’s response may be disqualified from further

consideration.

27. ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS: As Required by1 TAC Chapter 213 (Applicable to State Agency and Institution of Higher Education Purchases Only) 1)Effective September 1, 2006 state agencies and institutions of higher education shall procure productswhich comply with the State of Texas Accessibility requirements for Electronic and InformationResources specified in 1 TAC Chapter 213 when such products are available in the commercialmarketplace or when

such products are developed in response to a procurement solicitation. 2) Contractor shall provide DIRwith the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the

State of Texas Accessibility requirements (based on the federal standards established under Section508 of the Rehabilitation Act), or indicate that the product/service accessibility information is availablefrom the General Services Administration “Buy Accessible Wizard” (http://www.buyaccessible.gov).

Contractors not listed with the “Buy Accessible Wizard” or supplying a URL to their VPAT must provide

DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the “Buy Accessible Wizard” or obtaining a copy of the VPAT islocated at http://www.section508.gov/.

28. FEDERAL DISASTER RELIEF FRAUD: Under Section 2155.006(b) of the Texas Government Code,a state agency may not accept a response or award a contract, including a contract for whichpurchasing authority is delegated to a state agency, that includes proposed financial participation by aperson who, during the five-year period preceding the date of the response or award, has been: (1)

convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459,Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or (2)assessed a penalty in a federal civil or administrative enforcement action in connection with a contractawarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005.Under Section 2155.006 of the Texas Government Code, therespondent certifies that the individual or business entity named in this response is not ineligible toreceive the specified contract and acknowledges that any contract resulting from this solicitation maybe terminated and payment withheld if this certification is inaccurate.



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29. APPLICABLE LAWS AND STANDARDS: This Contract shall be governed by and construed inaccordance with the laws of the State of Texas. The venue of any suit arising under this Contract isfixed in any court of competent jurisdiction of Travis County, Texas. Contractor must comply with alllaws, regulations, requirements and guidelines applicable to a Contractor providing services to theState of Texas as these laws, regulations, requirements and guidelines currently exist and as they areamended throughout the term of this Contract. TPWD reserves the right, in its sole discretion, to

unilaterally amend this Contract throughout its term to incorporate any modifications necessary for TPWD or Contractor’s compliance with all applicable State and federal laws, and regulations.

30. NO WAIVER: Nothing in this Contract shall be construed as a waiver of the state’s sovereign

immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights,defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delayin the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under this Contract or under applicable law shall not constitute a waiver of such privileges,rights, defenses, remedies, or immunities or be considered as a basis for estoppels. TPWD does notwaive any privileges, rights, defenses, or immunities available to TPWD by entering into this Contractor by its conduct prior to or subsequent to entering into this Contract.

31. NO LIABILITY UPON TERMINATION: If this Contract is terminated for any reason, TPWD and theState of Texas shall not be liable to Contractor for any damages, claims, losses, or any other amountsarising from or related to any such termination. However, Contractor may be entitled to the remediesprovided in Government Code, Chapter 2260.

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

33. INSURANCE: Contractor represents and warrants that it will, within ten (10) business days of executing this agreement, provide TPWD with current certificates of insurance or other proof acceptable to TPWD of the following insurance coverage:

Standard Workers Compensation Insurance covering all personnel who will provide services under thisContract;

Commercial General Liability Insurance and personal injury of reasonable and commercially prudentlimits.

Contractor represents and warrants that all of the above coverage is with companies licensed in thestate of Texas, and authorized to provide the corresponding coverage. Contractor also represents andwarrants that all policies contain endorsements prohibiting cancellation except upon at least thirty (30)days prior written notice to TPWD. Contractor represents and warrants that it shall maintain the aboveinsurance coverage during the term of this Contract, and shall provide TPWD with an executed copy of the policies immediately upon request. Contractor represents and warrants that all of the abovecoverage is with companies licensed in the state of Texas, with an “A” rating from A.M. Best andCompany, and authorized to provide the corresponding coverage.

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



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35. HISTORICALLY UNDERUTILIZED BUSINESSES (HUB): Contractor represents and warrants that itshall comply with the Historically Underutilized Business requirements pursuant to Government Code,Chapter 2261.

36. AMENDMENTS: Except as provided in Section III, paragraph 8 of this Contract, this Contract may beamended only upon written agreement between TPWD and Contractor; however, any amendment of

this Contract that conflicts with the laws of the State of Texas shall be void ab initio.

37. CHANGE MANAGEMENT: The Respondent agrees that the key personnel assigned to the Contractshall remain available for the entirety of the project throughout the term of the Contract as long as thatindividual is employed by the Respondent or unless TPWD agrees to a change in the key personnel.

38. INDEMNIFICATION: CONTRACTOR SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THESTATE OF TEXAS, ITS OFFICERS, AND EMPLOYEES, AND TPWD, ITS OFFICERS, ANDEMPLOYEES AND CONTRACTORS, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS,DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING WITHOUTLIMITATION ATTORNEYS’ FEES AND COURT COSTS, ARISING OUT OF, CONNECTED WITH, ORRESULTING FROM ANY ACTS OR OMISSIONS OF CONTRACTOR OR ANY AGENT, EMPLOYEE,SUBCONTRACTOR, OR SUPPLIER OF CONTRACTOR IN THE EXECUTION OR PERFORMANCEOF THIS CONTRACT. CONTRACTOR SHALL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY TPWD.

THIS PARAGRAPH IS NOT INTENDED TO AND SHALL NOT BE CONSTRUED TO REQUIRECONTRACTOR TO INDEMNIFY OR HOLD HARMLESS THE STATE OR TPWD FOR ANY CLAIMSOR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF TPWD OR ITSEMPLOYEES.

39. SYSTEM FOR AWARD MANAGEMENT (SAM): Prior to awarding state funds for goods and/or services rendered, the State of Texas will conduct a required search of your firm using the FederalSystem for Award Management (SAM). This is a Federal government maintained database thatrecords and tracks organizations, either known to or suspected of contributing to terrorist

organizations. No state funds may be paid to an individual or firm whose name appears on this list.TPWD reserves the right, in its sole discretion, to deny and/or exclude any individual or firm from anaward whose name appears on this list.

40. FELONY CRIMINAL CONVICTIONS: Contractor represents and warrants that Contractor has not andContractor’s employees have not been convicted of a felony criminal offense, or that, if such a

conviction has occurred, Contractor has fully advised TPWD as to the facts and circumstancessurrounding the conviction.

41. IMMIGRATION: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification andretention of verification forms for any individuals hired on or after November 6, 1986, who will performany labor or services under the Contract and the Illegal Immigration Reform and Immigrant

Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996.

42. SUBCONTRACTORS: Subcontractors providing service under the purchase order shall meet thesame requirements and level of experience as required of the Contractor. No subcontract under thepurchase order shall relieve the primary Contractor of responsibility for the service. If the Contractor uses a subcontractor for any or all of the work required, the following conditions shall apply under thelisted circumstances:

42.1 Respondents planning to subcontract all or a portion of the work shall identify the proposedsubcontractors.



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42.2 Subcontracting shall be at the Contractor’s expense. 42.3 TPWD retains the right to check subcontractor’s background and make determination to

approve or reject the use of submitted subcontractors.42.4 The Contractor shall be the only contact for TPWD and subcontractors. Respondent shall list a

designated point of contact for all TPWD and subcontractor inquiries.

43. PROTEST PROCEDURES: Any Actual or prospective respondent who is aggrieved in connection withthis solicitation, evaluation, or award of any contract resulting from this solicitation may formally protestas provided in TPWD’s rules at TAC, Title 31, Part 2, Chapter 51, Subchapter L, Rule 51.350 locatedat:http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=31&pt=2&ch=51&rl=350

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

45. TEXAS PUBLIC INFORMATION ACT: Information the bidder provides to Texas Parks & Wildlife inresponse to this solicitation will be considered public and subject to disclosure under the Texas PublicInformation Act. However, certain information may be confidential and fall under an exception todisclosure under the Public Information Act such as proprietary information, trade secrets, and certaincommercial and financial information where disclosure might cause "substantial competitive harm toyour business" . If the bidder believes that his response to this solicitation contains confidentialinformation in those categories, the bidder must specifically document this at the top or bottom of eachpage that contains the information the bidder considers confidential. The bidder’s documentationmust include a statement that confidential information is contained on that page, refer to its exactlocation on the page, and describe the specific nature of the exception to the Texas Public Information

Act that the bidder believes applies to this information, i.e. copyrighted, trade secret, proprietary,financial etc. A general disclaimer that the bidder’s response contains confidential info rmation will notbe sufficient to meet this requirement. If such documentation is not provided, Texas Parks andWildlife Department will assume that all information provided in the response to this solicitationis releasable under the Act.

46. TITLE VI OF THE CIVIL RIGHTS ACT OF 1964: The signatory is subject to Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Actof 1990, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and offersall persons the opportunity to participate in programs or activities regardless of race, color, nationalorigin, age, sex, or disability. Further, it is agreed that no individual will be turned away or otherwisedenied access to or benefit from any program or activity that is directly associated with a program onthe basis of race, color national origin, age, and sex (in educational activities) or disability.

47. CONFLICT OF INTEREST: Under §2155.003, Gov't Code, a TPWD employee may not have aninterest in, or in any manner be connected with a contract or response for a purchase of goods or services by an agency of the state; or in any manner, including by rebate or gift, accept or receive froma person to whom a contract may be awarded, directly or indirectly, anything of value or a promise,obligation, or contract for future reward or compensation. Any individual who interacts with publicpurchasers in any capacity is required to adhere to the guidelines established in Section 1.2 of theState of Texas Procurement Manual, which outlines the ethical standards required of publicpurchasers, employees, and respondents who interact with public purchasers in the conduct of statebusiness, and with any opinions of or rules adopted by the Texas Ethics Commission. Entities who are

http://info.sos.state.tx.us/pls/pub/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=31&pt=2&ch=51&rl=350






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interested in seeking business opportunities with the State must be mindful of these restrictions wheninteracting with public purchasers of TPWD or purchasers of other state agencies.

48. LIMITATION ON AUTHORITY; NO OTHER OBLIGATIONS: Contractor shall have no authority to actfor or on behalf of Texas Parks and Wildlife Department or the State of Texas except as expresslyprovided for in this Contract; no other authority, power or use is granted or implied. Contractor may notincur any debts, obligations, expenses, or liabilities of any kind on behalf of the State of Texas or

Texas Parks and Wildlife Department.

49. DRUG-FREE WORKPLACE REQUIREMENTS NOTE: This certification is a material representationof fact upon which reliance was placed when the agency determined to award the agreement if it islater determined that the recipient knowingly rendered a false certification or otherwise violates therequirements of the Drug-Free Workplace Act, the agency, in addition to any other remedies availableto the Federal Government, may take action authorized under the Drug-Free Workplace Act.

50. NOTICES: Any written notices required under this Contract will be by either hand delivery toContr actor’s office address specified in the Execution of response, Exhibit A, of this Contract or byU.S. Mail, certified, return receipt requested, to TPWD, Attn: Purchasing, 4200 Smith School Road, Austin, TX 78744. Notice will be effective on receipt by the affected party. Either party may changethe designated notice address in this Section by written notification to the other party.

51. ORDER OF PRIORITY: In the case of conflicts between the contract documents, the following shallcontrol in this order of priority:

51.1 This Contract51.2 The Solicitation (e.g., RFP, IFB), Addendums, Exhibits, Attachments and Terms and

Conditions51.3 Contractor’s Response and Contractor’s Best and Final Offer, if applicable

52. BUSINESS OWNERSHIP: BIDDER/VENDOR MUST PROVIDE, IN THE SPACE BELOW, THENAME AND SOCIAL SECURITY NUMBER OF AN INDIVIDUAL OWNER, A SOLE PROPRIETOR AND ALL PARTNERS, SHAREHOLDERS, OR OWNERS WITH AN OWNERSHIP INTEREST OF ATLEAST TWENTY-FIVE (25) PERCENT OF THE BUSINESS ENTITY ENTERING INTO THISCONTRACT. BIDDERS THAT HAVE PRE-REGISTERED THIS INFORMATION ON THE

CPA/TPASS CENTRALIZED MASTER BIDDERS LIST HAVE SATISFIED THIS REQUIREMENT. IFNOT PRE-REGISTERED, COMPLETE THE FOLLOWING:

DO NOT ENTER “CORPORATION”, “PUBLIC CORPORATION”, “PUBLICLY TRADED COMPANY” OR OTHER NON-RESPONSIVE ANSWERS. IF NO ONE PERSON CONTROLS 25% OR MORE OF THE ORGANIZATION, ENTER “NONE”.

NAME ___________________________ SSN __________________________ % ____________

NAME ___________________________ SSN __________________________ % ____________

NAME ___________________________ SSN __________________________ % ____________

NAME ___________________________ SSN __________________________ % ____________

53. ASSIGNMENT: Any contract resulting from this solicitation may not be assigned, sold, or transferredwithout the express written consent of TPWD. An attempted assignment after the event of the contractaward without TPWD approval will constitute a material breach of contract.

54. COMPLIANCE WITH OTHER LAW: In the execution of this Contract, Contractor shall comply with allapplicable federal, state, and local laws, including laws governing labor, equal opportunity, safety, andenvironmental protection. Contractor shall make itself familiar with and at all times shall observe andcomply with all federal, state, and local laws, ordinances, and regulations which in any manner affectperformance under this Contract.



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55. TEXAS IDENTIFICATION NUMBER: The Texas Identification Number (TIN) is a unique 11-digitnumber assigned by the Texas Comptroller of Public Accounts. When a payee first contracts with astate agency, that payee must provide either a federal Employer Identification Number (EIN) or aSocial 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, IFB or RFQresponse.)

Documents

802-13-21128 Ifb Woc Mowing Shredding.pdf0