ESBD_366129_1721828572600_802-25-48848_RFP_Rock Imagery Survey.pdf

Texas Parks and Wildlife Department Purchasing and Contracting C-1

4200 Smith School Road Austin, Texas 78744

REQUEST FOR PROPOSALS

RFP No. 802-25-48848

Rock Imagery Survey at Hueco Tanks State Park and Historic Site

NIGP Class/Items: 961-01

RFP Issue Date: July 24, 2024 Questions Due: August 1, 2024; 2:00 PM CT

Proposal Due Date: August 14, 2024; 2:00 PM CT

Purchaser: Nicole Ernzen, CTCD, CTCM 361-413-8984 Purchasing.Bidbox@tpwd.texas.gov

ATTENTION: It is the responsibility of interested parties to periodically check the Electronic State Business Daily (ESBD) website for updates to this solicitation prior to submitting a response. The Respondent’s failure to periodically check the ESBD will in no way release the selected contractor from “addenda or additional information” resulting in additional cost to meet the requirements of the RFP.

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Table of Contents

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. Introduction

2. Background

3. Solicitation Method and Intent

4. Contract Term

5. Qualifications and Experience

6. Scope of Work and Specifications

7. Contractor Requirements

8. TPWD Responsibilities

9. Performance Measures

10. Adding New Products/Services to Contract After Award

11. Modifications of Contract Terms and/or Amendments

12. Insurance

13. Subcontracting

14. HUB Subcontracting Plan

15. Contract Administration

16. Invoicing and Payment

SECTION II – PROPOSAL REQUIREMENTS

1. Schedule of Events

2. Optional Pre-Proposal Site Inspection

3. Inquiries

4. Proposal Content

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5. Proposal Submission

6. Delivery of Proposals

7. Evaluation and Award

SECTION III – GENERAL TERMS AND CONDITIONS

EXHIBIT A – EXECUTION OF PROPOSAL

EXHIBIT B – PRICE SHEET

EXHIBIT C – COMPANY PROFILE

EXHIBIT D – KEY PERSONNEL

EXHIBIT E – PAST PROJECTS WITH CORRESPONDING REFERENCES

EXHIBIT F – TECHNICAL PROPOSAL

EXHIBIT G – RESPONSE SUBMISSION CHECKLIST

ATTACHMENT 1 – FIGURES 1 - 26

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SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. INTRODUCTION

Texas Parks and Wildlife Department (TPWD) is seeking a Contractor to conduct one hundred percent rock imagery (pictographs and petroglyphs) survey of high probability areas across all rock outcrops (North Mountain, West Mountain, East Mountain, and East Spur) within the 860-acre Hueco Tanks State Park and Historic Site (HTSPHS) in El Paso County, Texas in accordance with the following scope of work and terms and conditions.

2. BACKGROUND

2.1. Beginning in 1939 with the documentation of rock imagery at Hueco Tanks, El Paso County, Texas (Figure

1), by Dallas, Texas artist, Forrest Kirkland, and his wife Lula, several systematic rock art recording projects have been conducted at the site. Most of these investigations, each of which identified previously undocumented rock imagery, occurred since the acquisition of Hueco Tanks by the state of Texas in 1969.

Two of the larger surveys conducted at the site included one by Rupestrian CyberServices of Flagstaff, Arizona in 1999/2000, during which the contractor created a digital rock imagery database for Hueco Tanks.

A total of 273 rock imagery panels were recorded, including 34 that were discovered during the project.

The second of these investigations was a survey of all known bouldering routes, or ‘problems’, that was initiated by Versar, Inc. of Richardson, Texas in 2016. Using DStretch digital photographic enhancement, a total of 1,869 problems were examined. The project revealed previously unknown pictographs or evidence of non-graffiti pigment at or near 31 of these problems, which were subsequently closed to climbing. At present, there are approximately 304 known rock imagery panels at Hueco Tanks containing an estimated 3,000 to 6,000 individual figures, but much of the property remains to be formally surveyed for the presence of rock imagery.

2.2. An inventory of all rock imagery at Hueco Tanks is a long-term endeavor and one that will be a challenge to achieve, but it is important to the ongoing efforts by TPWD to preserve the irreplaceable cultural resources at Hueco Tanks while still allowing some level of recreational activity at the site.

3. SOLICITATION METHOD AND INTENT

3.1. The Request for Proposal (RFP) solicitation method allows qualified respondents to submit a written proposal addressing pricing, qualifications, experience, location, availability, approach and other factors that will be employed to ensure successful accomplishment of the requirements set forth herein. TPWD will review, compare and evaluate responses based on the criteria and weights identified in this RFP.

3.2. It is TPWD’s intent to identify a qualified contractor and award one contract for rock imagery survey services.

It is TPWD’s sole discretion to determine best value.

4. CONTRACT TERM

4.1. Initial Contract Term: The contract shall commence on Date of Award and continue through August 31, 2028, unless sooner terminated under the terms of the contract.

4.2. Renewal Option: Contract may be renewed for up to one (1) additional one (1) year period, provided both parties agree in writing prior to contract expiration date. Any extensions shall be in accordance with the original terms and conditions plus any approved changes. If renewal options are exercised, TPWD will provide the new timeline and delivery schedule to the vendor.

4.3. Contract Extensions: In the event that the contract(s), if any, resulting from the award of this RFP shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified products and/or services, TPWD may, with the written consent of the awarded supplier(s), extend the contract for a period of time as may be necessary to permit TPWD continued supply of the identified

RFP No. 802-25-48848 Page 5 of 45 products and/or services (not to exceed twelve month extension period). Any extensions shall be at the same terms and conditions, plus any approved changes.

4.4. Termination: The contract shall terminate upon full performance of all requirements contained in the contract, unless otherwise extended or renewed, as provided in accordance with the contract terms and conditions.

4.5. Amendments: The contract may be amended in writing by mutual consent of the parties.

4.6. Quantities: Unless this RFP states otherwise, the resulting contract award does not guarantee volume or a commitment of funds.

5. QUALIFICATIONS AND EXPERIENCE

5.1. Minimum Qualifications and Experience: Respondent (and awarded contractor) shall meet the following minimum qualifications:

5.1.1. Shall be engaged in the business of rock imagery services for a minimum of five (5) years within the past five (5) years, providing services similar in type and quantity to those listed herein.

Recent start-up businesses do not meet the requirements of this solicitation. (A start-up business is defined as a new company that has no previous operations history or expertise in the relevant business and is not affiliated with a company that has that history of expertise.)

5.1.2. Shall have staff with experience in DStretch, rock art survey techniques, ArcGIS, and image database creation. Contractor shall demonstrate this experience by providing at least one completed rock art survey project using these types of technology.

5.1.3. Shall have available the necessary qualified personnel, skills, qualifications, organization, equipment and supplies required to fulfill all requirements under this RFP and any resulting contract.

5.1.4. Shall be in good financial standing. TPWD reserves the right to request a copy of the respondent’s audited or un-audited financial statement.

5.2. Minimum Personnel Qualifications and Experience: Respondent and awarded Contractor shall provide the following key personnel:

5.2.1. Principal Investigator. The Principal Investigator shall have expertise in the use of DStretch to discover rock imagery.

5.3. Preferred Qualifications and Experience:

5.3.1. Use of a drone will be beneficial in the process of utilizing DStretch in the survey. Drone usage must be coordinated with the site superintendent and approved by TPWD before any on-site activity.

5.3.2. Experienced climbers to access high probability locations is recommended. Services will require that high probability locations in higher, more difficult to access locations be assessed for the presence of rock imagery.

5.4. Supporting Documentation: Respondent shall complete and submit Exhibit D – Company Profile, Exhibit

E – Key Personnel, Exhibit F – Past Projects with Corresponding References with proposal to provide documentation to support the above qualifications. (Ref: Section II, Subsection 4.3.)

6. SCOPE OF WORK AND SPECIFICATIONS

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Contractor shall conduct a 100 percent rock imagery survey or all areas at HTSPHS that have a high probability to contain rock imagery in accordance with the following specifications. Work shall include, but not be limited to, the following as applicable:

6.1. Contractor shall provide a detailed Scope of Work/Research Design, approved by TPWD, to the

Texas Historical Commission to obtain a multi-year Antiquities Permit prior to beginning fieldwork, within 30 days of contract award. Fieldwork should begin in Fall 2024; an approved project start date will be approved by TPWD prior to commencing work, but work is anticipated to begin by October 31, 2024.

6.2. Areas at Hueco Tanks that are considered to have high probability to contain rock imagery include all natural openings into the rock, including caves, rockshelters, boulder shelters, crevices, and vertical huecos that are sufficiently large to potentially contain rock imagery, as well as other areas of rock surface where lighter colored, comparatively smoother cortex may be present.

6.3. Areas of exposed, rough cortex have a lower probability of containing rock imagery, especially pictographs. Though some petroglyphs are present at Hueco Tanks, most rock imagery at the site consists of pictographs.

6.4. Contractor’s focus of effort during this project will be on the discovery of previously unknown rock imagery. No time should be expended on the relocation and reassessment of known rock art panels (see Figures 1-2 for locations of previously recorded rock imagery). Contractor will perform the following project tasks in recording of previously unknown rock imagery:

6.3.1. Take sub-meter accurate Global Positioning System (GPS) coordinates, as possible given the nature of the terrain, for the approximate center point of rock faces upon which previously unrecorded rock imagery has been identified.

6.3.2. Include the newly identified rock imagery site locations on digital orthophoto and topographic base maps and placement into the most current version of an ArcGIS database.

6.3.3. If multiple rock imagery panels are identified in proximity to each other, take digital overview photographs of these locales to help show context.

6.3.4. Take digital close-up photographs, both unmodified and enhanced (using DStretch), of rock imagery elements within each panel. Minimally, Contractor must retain digital copies of at least the top 3 enhancements of each pictograph/panel that best reveal each of the newly identified figures. Contractor will also be required to use inverse transform on at least one of the 3 best enhancements for each pictograph/panel to save enhanced images of pictographs onto an approximation of the original photograph. The resulting figure will be digitally retained and will be used, along with a copy of the original unenhanced photograph, as comparative figures within the summary report for this project.

6.3.5. All resulting digital photographs, enhanced and unenhanced, catalogued and saved in TIFF format in separate files for each locale. Photos must be labeled with the corresponding rock imagery site number (adding to an existing numbering system) and the nature of the enhancement, when applicable.

6.3.6. Select representative images linked to the rock imagery sites in ArcGIS.

6.3.7. The four-page TPWD rock imagery recording form or other similar form, reviewed and accepted by TPWD, will be completed for each newly identified rock imagery panel at HTSPHS. These forms will include the appropriate rock imagery site number and mapped location.

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6.3.8. Submit written summaries of results following completion of the survey for each mountain, as outlined in each project phase below, and a final project summary report in digital and hardcopy forms after the completion of all fieldwork for this project.

6.3.9. Consolidate Geographic Information System (GIS) data with that of the 2016 rock imagery inventory GIS database, which in turn incorporated the 1999/2000 rock imagery GIS data.

Creation of a file system that includes all images, in Tag Image File Format (Tiff), for each locale.

6.3.10. Provide two training sessions provided, one at HTSPHS and one at the TPWD Archeology Laboratory in Austin, on how to utilize the resulting ArcGIS database and the Portfolio database used by the contractor.

6.4. Phase I – North Mountain (Figures 3-8)

6.4.1. Service Dates: Upon award – August 31, 2025

6.4.2. North Mountain will be the focus of the rock imagery survey in the first phase of this project.

North Mountain is that portion of the state property that is open to unguided access by visitors and has the greatest susceptibility for accidental impact to any potentially unidentified rock imagery.

6.4.3. Some high probability survey areas on the mountain will require rock scrambling to access and some locations may require the use of ladders or possibly climbing gear. When discovered, previously unknown rock imagery panels will be mapped and documented in the manner discussed under this Scope of Work. In addition, an overview map will be maintained daily that shows the survey coverage for that day.

6.4.4. Prior to initiating the fieldwork for the rock imagery survey on North Mountain, the Contractor must complete the aforementioned detailed Scope of Work/Research Design and have an Antiquities Permit in-hand. Any background research needed to obtain an Antiquities Permit shall be initiated no later than 10 business days following Date of Award. Upon receiving the Antiquities Permit, Contractor may submit an invoice for 25 percent of the Phase I cost for the North Mountain survey.

6.4.5. By January 31, 2025, the Contractor shall submit a substantially completed draft report detailing the work accomplished to that point. The draft report should be written in sufficient detail to allow members of the Texas Legislature to review the document and be aware of project status. The draft report can be completed and distributed electronically to the Superintendent of Hueco Tanks, the TPWD Region 1 Cultural Resources Coordinator, and the Director of the TPWD Cultural Resources Program. On submission of the progress report, Contractor may submit an invoice for 25 percent of the Phase I cost for the North Mountain survey.

6.4.6. Following the completion of all fieldwork on North Mountain, Contractor shall submit a final report for Phase I of this contract. It is expected that all fieldwork and the final report will be completed by August 1, 2025. As with the previous report, the final report for North Mountain shall be distributed electronically to the Superintendent of Hueco Tanks, the TPWD Region 1 Cultural Resources Coordinator, and the Director of the TPWD Cultural Resources Program.

On submission of the second progress report for North Mountain, Contractor may submit an invoice for the remaining 50 percent of the Phase I cost for the North Mountain survey.

6.4.7. Minimally, the progress reports shall include the following components:

A. Site-specific summaries, including imagery descriptions and related photographs B. Any general observations, comments, or recommendations

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6.4.8. All invoices for the rock imagery survey of North Mountain must be submitted no later than August 31, 2025.

6.4.9. Due to high summertime temperatures in the El Paso area, fieldwork on the rocks at Hueco Tanks may be difficult during the hottest part of the day. Contractor should plan accordingly when determining their work schedules for this project.

6.4.10. All papers, publications, or oral presentations concerning the present project will be subject to approval by TPWD. TPWD will be acknowledged in all papers, publications, and presentations. Copies of all papers and publications concerning this project will be supplied to TPWD. These guidelines apply to all projects conducted under this multi-year contract.

6.5. Phase II – West Mountain (Figures 9-14)

6.5.1. Service Dates: September 1, 2025 – August 31, 2026

6.5.2. West Mountain project will be conducted entirely as the Phase I – North Mountain and the reimbursement schedule will be the same, but the focus of the rock imagery survey will be West Mountain (Figures 9-14).

6.5.3. Contractor will be required to provide TPWD with a proposed work schedule for the survey of

West Mountain; upon TPWD approval of the proposed work schedule, Contractor may submit an invoice for 25 percent of the Phase II cost for the West Mountain survey.

6.5.4. All fieldwork for the rock imagery survey of West Mountain and the second digital progress report should be completed by August 1, 2026.

6.5.5. All invoices for this phase of the rock imagery survey must be submitted by August 31, 2026.

6.6. Phase III – East Mountain (Figures 15-20)

6.6.1. Service Dates: September 1, 2026 – August 31, 2027

6.6.2. East Mountain project will be conducted entirely as in the previous two phases of this project, and the reimbursement schedule will also remain the same, but the focus of the rock imagery survey will be East Mountain (Figures 15-20).

6.6.3. Contractor will be required to provide TPWD with a proposed work schedule for the survey of

East Mountain; upon TPWD approval of the proposed work schedule, Contractor may submit an invoice for 25 percent of the total Phase III cost for the East Mountain survey.

6.6.4. All fieldwork for the rock imagery survey of East Mountain and the second digital report for this phase of the project should be completed by August 1, 2027.

6.6.5. All invoices for this phase of the rock imagery survey must be submitted by August 31, 2027

6.7. Phase IV – East Spur (Figures 21-26) and Final Report

6.7.1. Service Dates: September 1, 2027 – August 31, 2028

6.7.2. East Spur project will be conducted entirely as in the previous three phases of this project, and the reimbursement schedule will also remain the same, but the focus of the rock imagery survey will be East Spur (Figures 21-26) and will also include the final report.

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6.7.3. Following completion of the draft final report, Contractor may submit a digital copy of the report, to the TPWD via the Region 1 Cultural Resources Coordinator. The draft will be subjected to TPWD review by the Cultural Resources Program Director the Cultural Resources Coordinator, the Site Superintendent, and possibly by peers. The results of TPWD review may require preparation of revised drafts which must be included in the project costs.

On submission by Contractor and acceptance by TPWD of the draft final report, Contractor may submit an invoice for 25 percent of the Phase IV cost for the East Spur survey.

6.7.4. After completion of the final draft report, with any necessary edits/additions, Contractor shall submit:

A. A minimum of ten bound hardcopies of the final report.

B. One external hard drive containing the final report in electronic form, including all photographs, other graphics, and tables.

C. The report text must be in Microsoft Word, and any report tables in Microsoft Word or

Excel.

6.7.5. All fieldwork for the rock imagery survey of East Spur and a final draft report summarizing the work done for all phases (all four mountains) of this rock imagery survey shall be completed by August 1, 2028.

6.7.6. All invoices for this phase of the rock imagery survey must be submitted by August 31, 2028.

6.8. Dissemination of Data: All papers, publications, or oral presentations concerning the data collected during this investigation will be subject to approval by TPWD and will acknowledge TPWD’s role in the study. Copies of all papers and publications will be supplied to TPWD. While TPWD supports the dissemination of the resulting data, it is understood that site location data is restricted information and cannot be disseminated without TPWD’s prior consent. It is further understood that TPWD may add to the resulting database as additional information is obtained.

7. CONTRACTOR REQUIREMENTS

7.1. Contractor agrees to conduct all its services under the awarded contract by and through appropriate communications with TPWD. No work, installation or other services shall be undertaken by Contractor except with the prior written authorization by TPWD. Contractor understands and agrees that work, installation or other service performed without prior written authorization of the TPWD is work outside the scope of this contract and shall be performed exclusively at Contractor’s risk.

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

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

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

7.5. 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.

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

7.7. Contractor must coordinate drone usage with the site superintendent and receive TPWD approval prior to use.

8. TPWD RESPONSIBILITIES

8.1. TPWD will designate a Project Manager and Contract Manager upon contract award.

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8.2. TPWD will provide digital orthophoto and topographic base materials of HTSPHS and will provide a map showing the locations of previously recorded rock imagery panels at the site. In addition, TPWD will provide the format for the rock art recording form to be used during this project or will review and approve, if adequate, such a form provided by the Contractor. Upon request, TPWD may also provide access to archives related to previous rock imagery surveys at HTSPHS.

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

9. PERFORMANCE MEASURES

9.1. Contractor will be responsible for the performance of any contractual obligations that may result from an award based on this RFP and shall not be relieved due to non-performance of any or all subcontractor(s).

By submitting a proposal, the Respondent commits to providing the goods and services required in the RFP. The successful Respondent(s) will be required to abide by TPWD policies, procedures, standards and guidelines relevant to the execution of this contract.

9.2. TPWD will measure and evaluate the Contractor’s and/or subcontractor’s performance under the contract.

If the Contractor or subcontractor does not meet any standards for deliverables and/or performance incentives (if applicable), TPWD may impose remedies if the Contractor or subcontractor(s) fails to meet their responsibilities as outlined in the RFP and the terms and conditions of the contract. All services and deliverables under the contract shall be provided at an acceptable quality level and in a manner consistent with acceptable industry standards, customs, and practices. In the event TPWD deems that the Contractor’s performance does not meet an acceptable quality level of service and deliverables, TPWD may seek or negotiate remedies with the Contractor.

10. ADDING NEW PRODUCTS/SERVICES TO CONTRACT AFTER AWARD

Following the contract award, additional products/services of the same general category that could have been encompassed in the award of this contract, and that are not already on the contract, may be added. A formal written request will be sent to successful respondent to quote on the proposed additional products/services. Respondent shall submit proposals to TPWD as instructed. All prices are subject to negotiation with the Best and Final Offer (“BAFO”). TPWD may accept or reject any or all proposals and may issue a separate solicitation for the products/services after rejecting some or all of the responses. The products/services covered under this provision shall conform to the specifications as outlined in the request.

11. MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

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

11.2. The Contract may only be modified or amended upon mutual written agreement of Texas Parks and Wildlife

Purchaser(s) and the Contractor.

11.3. 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.

12. INSURANCE

12.1. 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 LIMITS

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Employer's Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

$1,000,000 Ea. Accident $1,000,000 Ea. Employee $1,000,000 Policy Limit

Commercial General Liability General Aggregate Applies Per Project

$2,000,000 Aggregate $5,000 Medical Expense each person $50,000 Damage to Premises Rented to You $2,000,000 Products Completed Operations $1,000,000 Personal & Advertising Liability $1,000,000 Each Occurrence

Automobile Liability All Owned, Hired and Non-Owned Vehicles $1,000,000 Combined Single Limit

Cyber Liability $1,000,000

12.2. 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.

12.3. The required coverage is to be with companies licensed in the state of Texas, with an “A” rating from A.M.

Best, and authorized to provide the corresponding coverage.

12.4. 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: Nicole Ernzen / Purchasing & Contracting, Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; or may be faxed to 512-389- 4677.

13. SUBCONTRACTING

Refer to Section III – General Terms and Conditions, Paragraph 56 – Subcontractors.

14. HUB SUBCONTRACTING PLAN

14.1. RESPONDENT MUST COMPLETE, SHOW A GOOD FAITH EFFORT, SIGN AND SUBMIT A HUB

SUBCONTRACTING PLAN (EXHIBIT B) WITH THEIR RESPONSE SUBMISSION AND IN

ACCORDANCE WITH THE FOLLOWING INSTRUCTIONS. FAILURE TO COMPLETE AND SUBMIT

THE HUB SUBCONTRACTING PLAN (HSP) WITH THE RFP RESPONSE WILL RESULT IN

DISQUALIFICATION OF THE RFP FROM CONSIDERATION.

14.2. In accordance with Texas Gov't Code §2161.252 and 34 Texas Administrative Code §20.285, TPWD has determined that subcontracting opportunities are probable under this contract, and that the contract value may exceed $100,000. This probability is based on HUB availability, HUB utilization, geographic location of the project, the contractual scope of work, or other factors. TPWD estimates the value of this contract to be greater than $100,000 and further sets the HUB subcontracting goal at 26 % of the contract’s value.

14.3. It is the Respondent’s determination if they choose to subcontract any of the work under the contract with a Texas Certified Historically Underutilized Business (HUB) or other businesses. The Respondent shall identify all proposed HUB and other subcontractors at the time of response submittal by completing and submitting Exhibit B – HUB Subcontracting Plan.

14.4. A list of HUB subcontractors that may be able to perform the work identified as areas with potential subcontracting opportunities is attached to the HUB Subcontracting Plan forms. Respondents may also access a list of HUB subcontractors who may be able to perform this work by searching the Centralized Master Bidder’s List (CMBL), as maintained by the Texas Comptroller of Public Accounts. The main CMBL search page is located here: https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do.

https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do

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14.5. A few minority and women trade organizations and development centers are listed below that you may contact to announce your opportunity (as specified in the HSP, Method B). For a more complete list visit:

https://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php.

Women Contractors Association 6703 Chimney Rock Rd.

Bellaire, TX 77401

(703) 807-9977 phone director@womencontractors.org email www.womencontractors.org website

Texas Association of African American Chambers of Commerce 807 Brazos St., Ste. 710 Austin, TX 78701

(512) 535-5610 phone cro@taaacc.org email www.taaacc.org website

Texas Association of Mexican American Chambers of Commerce 606 Main St.

Buda, TX 78610

(512) 444-5727 phone president@tamacc.org email www.tamacc.org website

US Pan Asian American Chamber of Commerce SW 711 E. Lamar Blvd., Mailbox 103A Ste. 211 Arlington, TX 76011

(682) 323-5869 phone gmcdermott@uspaacc-sw.org email www.uspaacc-sw.org website

Dallas/Fort Worth Minority Supplier Development Council 8828 N. Stemmons Fwy, Ste. 550 Dallas, TX 75247

(214) 630-0747 phone

(214) 637-2241 fax sourcing@dfwmsdc.com email www.dfwmsdc.com website

US India Chamber of Commerce DFW 5930 LBJ Fwy, Ste. 310 Dallas, TX 75240

(214) 346-9559 phone

(214) 346-9521 fax info@usicoc.org email www.usicoc.biz website

14.6. Respondents are highly encouraged to contact TPWD HUB Administration at 512-389-4784 or hub@tpwd.texas.gov for assistance with completing the HSP forms, obtaining HUB lists if web access is not possible, and/or further explanation of the TPWD HUB program.

14.7. HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report: After award of the contract, the Contractor shall report all HUB and non-HUB subcontractor information using the HSP Prime Contractor Progress Assessment Report form. The report shall be submitted to the TPWD HUB Program monthly. The report shall be submitted monthly even during the months the Contractor is not invoicing TPWD. All payments made to subcontractors shall be reported. TPWD may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors.

15. CONTRACT ADMINISTRATION

TPWD will maintain on-going review and status of Contractor’s progress toward completion of services and will certify whether contractor’s billings are reasonably comparable with the work completed. Payment(s) will not be made until all work has been reviewed and accepted by TPWD.

Administration of the contract is a joint responsibility of TPWD State Parks Division and the TPWD Purchasing & Contracting Branch. TPWD purchasing staff will be responsible for administering the contractual business relationship with the contractor. Upon issuance of contract, TPWD will designate an individual who will serve as the contract manager and point-of-contact between the agency and the contractor. The contract manager does not have any express or implied authority to vary the terms of the contract, amend the contract in any way or waive strict performance of the terms or conditions of the contract. This individual’s contract management and contract administration responsibilities include, but are not limited to:

15.1. Monitoring the contractor’s progress and performance and ensuring services conform to established specification requirements.

15.2. Managing the financial aspects of the contract including approval of payments.

15.3. Meeting with the contractor to schedule service, and as needed to review progress, discuss problems, and consider necessary action.

15.4. Identifying a breach of contract by assessing the difference between contract performance and non-performance.

https://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php mailto:director@womencontractors.org http://www.womencontractors.org/ mailto:cro@taaacc.org http://www.taaacc.org/ mailto:president@tamacc.org http://www.tamacc.org/ mailto:gmcdermott@uspaacc-sw.org http://www.uspaacc-sw.org/ mailto:sourcing@dfwmsdc.com http://www.dfwmsdc.com/ mailto:info@usicoc.org http://www.usicoc.biz/ mailto:hub@tpwd.texas.gov

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15.5. Other areas as identified by the State of Texas Procurement and Contract Management Guide, latest edition.

16. INVOICING AND PAYMENT

The following procedures apply to invoicing and payment in addition to those listed in Section III, General Terms and Conditions, Paragraph 9:

16.1. Contractor to submit invoice(s) to: Texas Parks & Wildlife Department, Accounts Payable, 4200 Smith

School Road, Austin, Texas 78744.

16.2. Invoices must show:

16.2.1. Name of Contractor exactly as shown on the contract, Texas Payee Identification Number (PIN), and correct "Remit to" address

16.2.2. Name of receiving entity

16.2.3. Contract/purchase order number

16.2.4. Description, quantity, unit of measure, unit price, extended price of each item

16.2.5. Total price

16.2.6. Discount, if applicable, extended and deducted to arrive at a NET TOTAL for invoice

16.2.7. Attach supporting documentation, if required

16.3. Payment:

16.3.1. The contractor will be paid for the services performed as invoiced. If another payment mechanism is agreed to by the parties, then contractor will be paid in accordance with the agreement approved by the parties. NOTE: Services that cross fiscal years must be invoiced separately by respective fiscal year, which spans September 1st – August 31st.

16.3.2. Invoices shall be submitted according to the following Deliverables Schedule:

Phase I - North Mountain 25% payment of Exhibit C Line 1 Phase I after receipt of Antiquities Permit 25% payment of Exhibit C Line 1 Phase I after substantially completed draft report submission from work accomplished through January 31, 2025 of Phase I fieldwork 50% payment of Exhibit C Line 1 Phase I after final report submission of Phase I fieldwork

Phase II - West Mountain 25% payment of Exhibit C Line 2 Phase II after TPWD approval of Phase II work schedule 25% payment of Exhibit C Line 2 Phase II after progress report submission from 50 percent completion of Phase II fieldwork 50% payment of Exhibit C Line 2 Phase II after second progress report submission of Phase II fieldwork

Phase III - East Mountain 25% payment of Exhibit C Line 3 Phase III after TPWD approval of Phase III work schedule 25% payment of Exhibit C Line 3 Phase III after progress report submission from 50 percent completion of Phase III fieldwork 50% payment of Exhibit C Line 3 Phase III after second progress report submission of Phase III fieldwork

Phase IV - East Spur and Final Report 25% payment of Exhibit C Line 4 Phase IV after TPWD approval of Phase IV work schedule 25% payment of Exhibit C Line 4 Phase IV after progress report submission from 50

RFP No. 802-25-48848 Page 14 of 45 percent completion of Phase III fieldwork 25% payment of Exhibit C Line 4 Phase IV after second progress report submission of Phase IV fieldwork 25% payment of Exhibit C Line 4 Phase IV after TPWD acceptance of final draft report

16.3.3. Under no circumstances shall TPWD be obligated to make any payment (whether a progress payment or final payment) to Contractor, if any of the following conditions exists:

16.3.3.1. Contractor is in breach of this contract;

16.3.3.2. Any portion of a payment is for services that were not performed in accordance with this contract provided, however, payment shall be made for those services which were performed in accordance with this contract;

16.3.3.3. Contractor has failed to make payments promptly to consultants or other third parties used in connection with services for which TPWD has made payment to Contractor;

16.3.3.4. If TPWD, in good faith, determines that the balance of the unpaid fees are not sufficient to complete the services in accordance with this contract; or if Contractor has failed to achieve a level of performance necessary to maintain the project schedule. No deductions shall be made from Contractor’s compensation on account of liquidated damages or other sums withheld from payments to other contractors or on account of the cost of changes in the Work other than those for which Contractor may be liable.

16.3.4. Payment normally will be made to the Contractor within 30 days after receipt of a properly prepared invoice or the receipt of and the acceptance of services ordered, whichever is later. State agencies are required by state law to pay properly submitted invoices within 30 days or the Contractor may charge a late payment fee established by law.

16.3.5. Payments for services purchased with state appropriated funds will be made through state warrants issued by the Comptroller of Public Accounts. Payments by qualified ordering entities will be made through the entities local payment system.

16.3.6. Electronic payment may be available through some ordering entities. Contact Accounts Payable at

512-389-4833 for additional information.

RFP No. 802-25-48848 Page 15 of 45

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

TPWD intends to proceed according to the following schedule. These dates represent a tentative schedule of events. TPWD reserves the right to change the dates in the schedule of events above upon written notification to prospective Respondents through a posting on the Electronic State Business Daily as an Addendum.

Event Date/Time RFP Issue Date: July 24, 2024 Pre-Proposal Site Inspection: Optional, to be schedule per Section II, Subsection 2 Questions Due: August 1, 2024; 2:00 PM CT Proposal Due Date: August 14, 2024; 2:00 PM CT

2. OPTIONAL PRE-PROPOSAL SITE INSPECTION

Respondents are highly encouraged to attend an optional pre-proposal site inspection to become thoroughly familiar with job conditions, understand the topography of Hueco Tanks, 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 shall sign-in to document attendance.

Site Visit Dates: Schedule a site visit with Park Superintendent, Cassie Cox between the dates of July 24, 2024 – August 13, 2024 at Cassie.Cox@tpwd.texas.gov or 915-857-1135 x 2263. Site visits will be limited to the hours of Monday – Friday 9:00 AM – 5:00 PM MDT.

3. INQUIRIES

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

Nicole Ernzen, Purchaser Texas Parks & Wildlife Department 4200 Smith School Road Austin, Texas 78744

Contact Info:

Email: Purchasing.Bidbox@tpwd.texas.gov

3.2. CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be faxed or e-mailed to the point-of-contact listed in Section II, Subsection 3.1. Questions should be submitted in the following format: a) Reference the Solicitation number; b) Reference the Section number, Page number, Paragraph number, and Text of passage being questioned; and c) Question.

3.3. DEADLINE FOR SUBMISSION OF QUESTIONS: To provide TPWD with sufficient time to adequately prepare responses to vendor inquiries, all questions must be submitted by the deadline specified in Section II, Subsection 1.

3.4. ANSWERS TO QUESTIONS: The target date for answering questions is within three business days after deadline for questions. Official answers will be posted as an addendum to this solicitation, on the Electronic State Business Daily at https://www.txsmartbuy.com/esbd. Respondent names will be removed from questions in the responses released. TPWD reserves the right to amend answers prior to the proposal submission deadline. If respondents do not have Internet access, copies may be obtained through the point of contact listed above. Note: It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a proposal. Respondent’s failure to periodically check the Electronic State Business Daily (ESBD) will in no way release the selected vendor from “addenda or additional information” resulting in additional costs to meet the solicitation requirements.

mailto:Purchasing.Bidbox@tpwd.texas.gov https://www.txsmartbuy.com/esbd

RFP No. 802-25-48848 Page 16 of 45

3.5. 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 inquires described in Section II, Subsection

3.2 above. Attempts to ask questions by phone or in person will not be allowed or recognized as valid.

Failure to observe this restriction may disqualify respondent. Respondent shall rely only on written statements issued through or by TPWD’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this solicitation.

4. PROPOSAL CONTENT

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

4.1. GENERAL RESPONSE FORMAT:

Respondents shall submit one (1) original proposal signed (marked Original). In addition, Respondents should submit one (1) copy of the proposal. Pricing should not be included in the submitted copies.

Submissions should be on 8 ½ x 11 inch paper and tab-indexed corresponding to the sections/exhibits listed below. (Plastic spine-bound or wire-bound submittals are highly discouraged.)

4.2. 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.

4.2.1. Exhibit A – Execution of Proposal: Respondent must submit original signed, dated and completed Exhibit A - Execution of Proposal.

4.2.2. Exhibit B – Compensation and Fees Schedule: Include completed Exhibit B – Pricing Schedule.

Pricing should not be included in the submitted copies.

4.3. ADDITIONAL RESPONSE CONTENT:

Respondent shall 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.

4.3.1. Exhibit C – Company Profile: Include completed Exhibit C (or reasonable facsimile).

4.3.2. Exhibit D – Key Personnel: Include completed Exhibit D (or a reasonable facsimile, or resumes)

4.3.3. Exhibit E – Past Projects with Corresponding References: Include completed Exhibit E (or reasonable facsimile).

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

4.3.5. 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.

5. PROPOSAL SUBMISSION

RFP No. 802-25-48848 Page 17 of 45

5.1. All proposals shall be received and time stamped by TPWD prior to 2:00 PM Central Time on the date specified in Section II, Subsection 1 and the place specified in Section II, Subsection 6. Late proposals will not be considered under any circumstance and will be returned unopened.

5.2. Proposals should be placed in a sealed envelope/package and correctly identified with RFP number, submittal deadline/opening date and time. It is the Respondent’s responsibility to appropriately mark and deliver the proposal to TPWD by the specified date.

5.3. Receipt of all addenda to this RFP should be acknowledged by returning a signed copy of each addendum to the response.

5.4. Respondents to this RFP are responsible for all costs of proposal preparation.

5.5. Proposals shall be submitted to TPWD Headquarters, Purchasing & Contracting, as noted in Section II, Subsection 6 below.

5.6. Telephone proposals are NOT an acceptable response to an RFP. All submitted proposals become the property of TPWD after the RFP 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.

5.7. When Proposals are opened, only the names of the Respondents who submitted proposals will be read.

Prices and terms will not be divulged until after contract award.

6. DELIVERY OF PROPOSALS

6.1. E-MAIL submittals are preferred for this solicitation. If hard copies are submitted, Respondent shall submit to TPWD by one of the following methods:

7. EVALUATION AND AWARD

7.1. A contract will be awarded to the responsible respondent(s) who submits the proposal determined to be the best value to the State and who meet all requirements included in this solicitation.

7.2. Cash discounts offered by the respondent will NOT be a factor in proposal evaluation.

7.3. Proposals may be withdrawn by written notice at any time prior to award. An e-mail to the purchaser name identified in Section II, Subsection 3 above will be acceptable as a written notice for withdrawn. No proposals will be returned after award.

7.4. Step 1 – Administrative Review by Purchasing: Only a complete response with the listed required submittal documents will be considered. Failure to meet the minimum qualifications and submit the required

U.S. Postal Service / Express Mail Email Kiteworks

Texas Parks and Wildlife Dept.

Purchasing & Contracting C-1 4200 Smith School Road Austin, TX 78744

Purchasing.Bidbox@tpwd.texas.gov

If Respondent intends to submit large files electronically, Kiteworks is recommended. Contact the Purchaser listed in Section II, Subsection 3.1 for secure Kiteworks upload instructions.

To ensure timely receipt of proposal documents, Kiteworks instructions should be requested no later than one business day prior to due date.

NOTE: Proposals must be date stamped in Purchasing & Contracting prior to the due date and time.

mailto:Purchasing.Bidbox@tpwd.texas.gov

RFP No. 802-25-48848 Page 18 of 45 documents will result in a response being declared non-responsive. Proposals that do not conform to the instructions included in this RFP may be rejected by TPWD. TPWD reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received. No proposal received in TPWD Purchasing and Contracting Section after the exact date and time specified as the deadline for responses will be considered.

7.5. Step 2 – Initial Evaluation: A TPWD evaluation committee will evaluate and score each response based on established criteria. Respondents shall not contact members of the evaluation team. Responses will be evaluated according to the respondent’s ability to best satisfy TPWD requirements. Respondent’s submission is evaluated and scored on a weighted system to determine the best value as follows:

Evaluation Criteria Weight Compensation and Fees 40% Qualifications, Experience, Capability, Project Approach, Equipment, Etc. (based on Exhibits D, E, F, G) 60%

Total 100%

7.6. Step 3 – Short List: At TPWD’s sole discretion, a short-list may be developed. Then, TPWD may check references.

7.6.1. References may include past performance evaluations. References will be scored on a pass/fail basis. Any negative responses received may be grounds for disqualification of the proposal.

7.7. Step 4 - Best and Final Offer (BAFO): The evaluation committee will determine if discussions and/or Best and Final Offers are necessary. Award of a contract may be made without discussions or Best and Final Offers, if in the best interest of the state.

7.7.1. Discussions: The evaluation committee may determine that discussions are necessary to clarify or verify a written proposal.

7.7.2. Oral Presentations: TPWD may, at its discretion, elect to have respondents provide oral presentations of their proposals.

7.7.3. BAFO: A request for a Best and Final Offer is at the sole discretion of TPWD and will be requested in writing. If requested, respondent(s) shall submit a final price and any added value. If more than one respondent reaches this level, the negotiated terms, references, BAFO and added values will be the considered in the award. TPWD will make the final determination on the best value.

7.7.4. The evaluation committee will evaluate the finalists and make a recommendation for award.

7.8. AWARD: TPWD reserves the right to award a contract to a single contractor, or award to more than one contractor, whichever provides the best value to TPWD in performance of this service. TPWD will be the sole judge of best value. (Refer to Section III, Item 3.3 for Best Value criteria.)

RFP No. 802-25-48848 Page 19 of 45

SECTION III – GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

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…