ESBD_369726_1722286025658_RFP 808-24-242865.pdf

Texas Historical Commission RFP No. 808-24-242865

History Programs Division P.O. Box 12276

Austin, Texas 78711

Request for Proposals

FOR

MARKERS, PLAQUES AND TRAFFIC CONTROL DEVICES:

HISTORICAL MARKERS

Austin, Texas

RFP# 808-24-242865

THC CONTACT: ISSUE DATE: July 29, 2024 Christi Duve, THC Purchaser, CTCD, CTCM PROPOSALS DUE DATE: August 30, 2024 at (512) 475-3909 christi.duve@thc.texas.gov 2:00 P.M. Central Time

TABLE OF CONTENTS

Signature Page (provided by THC, to be completed by respondent) 3

Section I General 4 Section 1.1 Scope 4 Section 1.2 Definitions 5 Section 1.3 Contract Term 7 Section 1.4 Compensation 7 Section 1.5 RFP Protest Procedures 7

Section II Statement of Work 9 Section 2.1 Service Requirements 9 Section 2.2 HUB Subcontracting Plan (HSP) ________________________________________9 Section 2.3 Subcontractors 10 Section 2.4 Performance Tracking 10

Section III Proposal Information_______________________________________________11 Section 3.1 Schedule of Events 11 Section 3.2 Revisions to Schedule 11 Section 3.3 Bid Bond 11 Section 3.4 Bonding Requirements_______________________________________________ 11 Section 3.5 Addenda 11 Section 3.6 Proposal Requirements 12 Section 3.7 Elements of Proposal 13 Section 3.8 Inquiries 16 Section 3.9 Proposal Submission 16 Section 3.10 Delivery of Proposals 16 Section 3.11 Proposal Opening 17 Section 3.12 Scoring Criteria 17 Section 3.13 Proposal Evaluation and Award 17 Section 3.14 Tie Breakers 18 Section 3.15 Past Performance 18 Section 3.16 Financial Responsibility and Stability ____________________________________ 19

Section IV General Terms and Conditions 20

EXHIBITS

Exhibit A Execution of Offer (provided by THC, to be completed by respondent) Exhibit B Conflict of Interest/Disclosure Statement/Certification Regarding Public Nature of the Offer (provided by THC, to be completed by respondent) Exhibit C Certification Regarding Lobbying (provided by THC, to be completed by respondent) Exhibit D Drawings Historical Markers (provided by THC, for reference) Exhibit E Grid Proposal (provided by THC, for reference) Exhibit F Contract to Perform Sample of Contract to Perform between Texas Historical Commission and Awarded Respondent Exhibit G THC General Terms and Conditions (provided by THC, for reference) Exhibit H Contractor s Qualifications Statement (provided by THC, to be completed by respondent)

ATTACHMENTS

Attachment A HUB Subcontracting Plan (must be completed by respondent and turned in with RFP or will be disqualified)

REQUEST FOR PROPOSALS

SIGNATURE PAGE

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

EXCEPTIONS THERETO MUST BE IN WRITING

Return sealed proposals via one of the methods described at paragraph 3.10 below.

Immediately below return address on SEALED ENVELOPE, annotate opening date and request for proposals number. Faxed proposals will not be accepted.

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

Proposals are subject to negotiation and therefore only the names and addresses of respondents will be read at a public proposals opening upon request. Award will be posted on http://www.txsmartbuy.com/esbd.

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

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

PIN: Phone: ( ) -

Business Name: Fax Number: ( _) -

Address:

HUB Certified? [ ] Yes [ ] No

City-State-Zip:

HUB #:

Email Address:

Signature: Print Name:

AWARD NOTICE: The State reserves the right to accept or reject all or any part of a proposal and waive minor technicalities. The State will award the contract to best serve the interests of the State.

Public RFP Opening Address Texas Historical Commission RFP No.: RFP# 808-24-242865 1700 N. Congress, B-65 RFP Deadline: August 30, 2024 Austin, Texas 78701 RFP Closing: 2:00 P.M. Central Time

NOTE: THIS FORM MUST BE COMPLETED & RETURNED WITH THE PROPOSAL

REQUEST FOR PROPOSALS

for Historical Markers for the

July 29, 2024

RFP 808-24-242865

Class/Item: 550/28

SECTION I GENERAL

1.1 SCOPE. The State of Texas, by and through the Texas Historical Commission (THC) seeks competitive sealed proposals to establish one or more contracts with one or more vendors for the production of historical markers for the Official Texas Historical Marker program in accordance with the specifications contained in this Request for Proposal ( RF The services requested herein and to be provided under any contract(s) awarded as a result of this RFP are for the production of historical markers for the Official Texas Historical Marker program of the Texas Historical Commission, located in Travis County, Texas.

1.1.1 DESCRIPTION OF COMMODITY REQUIRED. This RFP is to establish one or more contracts with one or more vendors (Contract) by The Texas Historical Commission (THC) to cover Markers, Plaques and Traffic Control items, specifically historical markers (NIGP 550-28). The Contract term is three years with up to two

(2) one-year renewal periods. See Section 1.3 Contract Term for more details.

1.1.2SPECIFICATIONS AND REQUIREMENTS. Work covered under this solicitation consists furnishing of all labor, equipment and materials, and the performing of all operations in connection with the design, layout, manufacturing, inspecting, packaging and shipping of historical markers. All responses must comply with the following provisions:

Historical markers specified in Exhibit E of this RFP will match existing Official Texas Historical Markers in all details. Existing aluminum Official Texas Historical Markers have been produced by sand casting process. Aluminum posts, when included, have been either welded or attached by tamper-proof screws.

Other processes, including precision tooling and laser engraving, will be considered for this RFP.

Successful bidder(s) must demonstrate that proposed production methods other than sand casting and welding would result in products equal to or better than existing products in their appearance, production time, durability, and resistance to vandalism and fading.

There will be no disruption of service to a Customer or its constituents as a result of the bidding, manufacturing or shipping processes.

The specifications herein (the RFP and Exhibit E) are exclusive to the Official Texas Historical Marker program of the THC, and there can be no replication or duplication of the historical marker design or style for other purposes or clients, unless specifically approved by the THC. All calls, contacts and inquiries from the public to the manufacturer related to Official Texas Historical Markers will be referred directly and immediately to the THC for response.

Work under the contract will include design, layout, manufacturing, inspecting, packaging and shipping of metal historical markers, plaques and insignia as shown on attached drawings. THC may test and inspect goods and services purchased under the Contract to ensure compliance with the specifications of this RFP and the Contract.

The THC may also test and inspect goods and services before they are purchased under the Contract. Authorized THC personnel shall have access to the Respondent's place of business for the purpose of inspecting the goods.

To the extent practical, the THC inspections will not disrupt the Respondent's daily operations. Tests shall be performed on samples submitted with the Proposal or on samples taken from regular shipments. All costs of testing and inspection shall be borne by the Respondent. In the event the goods tested fail to meet or exceed all conditions and requirements of the RFP and Contract, the goods will be rejected in whole or in part, at the State's option, and returned to the Respondent or held for disposition at the Respondent's expense. Latent defects may result in cancellation of the Contract at no expense to the state.

1.1.3 PROOFS. Following Contract award(s), successful bidder(s) must respond to orders within thirty (30) days, via email attachment or online system, with one clear and complete copy of a proof for each historical marker to the THC for review, comment and approval prior to manufacturing. The contractor will provide a suitable means for the THC to return the reviewed/corrected copy to the manufacturer via email attachment or online system. Manufacturing of markers may not proceed before receipt of THC authorization of each proof.

1.1.4 UNINTERRUPTED SERVICE. To assure uninterrupted service for delivery of standard historical markers, all bidders must furnish evidence of adequate experience to perform this contract by providing photographs, catalogs, samples, website information, and letters of reference with the bid. Bidder(s) must have a MINIMUM of 5 yea experience in production similar to the type of work required by this solicitation (as judged by THC). Successful bidder(s) must be able to deliver markers within 90 calendar days of contract award (and each order notification thereafter) and also be able to deliver special rush orders within 30 calendar days. Failure to provide all required information with bid will result in bidder disqualification.

1.1.5 DETAILED DESCRIPTIONS. Detailed descriptions of each size and type of Official Texas Historical Marker product required can be found in Price Grid Exhibit E Grid

Exhibit E in the Price Grid. Items listed in the Price Grid may also have to meet specifications given in particular drawings.

Applicable drawings are included as Exhibit D with this RFP.

1.1.6 REFERENCED BRAND/PART NUMBER

descriptive only, and indicate type and quality desired. Proposals on brands of like nature and quality will be considered unless advertised as proprietary under Section §2155.067, Texas Government Code.

If the respondent (Respondent) wishes to bid on an item that is advertised as proprietary under Section §2155.067, the product must be equal to or better than the proprietary brand and meet all stated requirements and specifications stated in this contract.

1.1.7 DETERMINATION OF FITNESS. The THC reserves the right to make the final determination regarding the fitness for intended purpose of all proposed alternate/equal items. Respondents are cautioned that items delivered which do not meet specifications and other requirements in every aspect will not be accepted and Contractor will be responsible for return freight costs.

1.2 DEFINITIONS. For purposes of this RFP, the following definitions apply;

a) Acceptable Quality Level - The level of performance of requested services below which the contract will not be paid or damages may be assessed;

b) Addendum - A modification of the specifications issued by the THC and distributed to prospective Respondents prior to the opening of proposals;

c) Awarded Respondent: An entity that has been awarded a contract to provide goods or services;

d) Best and Final Offer (BAFO) - A formal request made to selected Respondents for revisions to the originally submitted Proposal;

e) Contract - The contract awarded as a result of this RFP and all Exhibits thereto. This RFP, any Addenda issued in conjunction with this RFP, the successful Respondent's Proposal, any BAFO, and subsequent submission by

Respondent, shall all be fully incorporated therein as Exhibits.

f) Electronic State Business Daily (ESBD) - The Electronic State Business Daily, which is available online at http://www.txsmartbuy.com/esbd

g) Attachment A, HUB Subcontracting Plan Package (HSP) - The Historically Underutilized Business

(HUB)Subcontracting Plan (HSP) required by Chapter 2161 of the Texas Government Code (TGC) and by Title

34, Chapter 20, Subchapter B, §20.10- §20.28 of the Texas Administrative Code (TAC). This package (Attachment

A) must be submitted or your proposal will be disqualified. THC will offer a pre-reviewed for responsiveness. T : Eric McGiver, eric.mcgiver@thc.texas.gov, 512-463-

h) Good Faith Effort Effort required by respondents when completing the HUB Subcontracting Plan, which demonstrates the respondent has completed one of the following for the planned subcontracting needs: A) Using strictly HUBs for all subcontracting needs, B) Meeting stated agency goal for HUB subcontracted needs using both

HUB and Non-HUB respondents, C) Performing Traditional Good Faith minority/women trade organizations and soliciting bids from three HUBs for each subcontracting opportunity, and allowing seven business days for response, or D) Self-Performing Contract (performing all work with own materials and labor).

i) Gov't Code - Texas Government Code.

j) Historically Underutilized Business (HUB) pursuant to Tex. Govt. Code, Chapter 2161, means a business that is at least 51% owned by an Asian Pacific American, a Black American, a Hispanic American, a Native

American and/or an American Woman; United States Veteran with a minimum 20% Disability rating; is an entity with its principal place of business in Texas; and has an owner residing in Texas with proportionate interest that

k) Intent to Award - The written notice to be issued to the intended respondent by THC, which shall inform respondent of, among other things, the intent to award the solicitation to the selected respondent. The Notice does not constitute the formation of the contract between THC and the apparent successful vendor. If the apparent successful respondent fails to negotiate an execute the contract with THC, the THC may revoke the award and award the contract to the next highest ranked respondent or withdraw the RFP.

l) OSHA - Occupational Safety and Health Administration, an agency of the United States Department of Labor.

m) Owner - The Texas Historical Commission.

n) Proposal - The response submitted by an entity to the THC as a result of this solicitation.

o) Respondent An entity who submits a Proposal in response to this solicitation.

p) RFP - Request for Proposal, which is the type of solicitation in this document.

q) TAC - Texas Administrative Code, which is the publication for administrative rules.

1.3 CONTRACT TERM. Any contract resulting from this solicitation will be in the form of the Contract to Perform between Owner and Contractor , a copy of which is included as Exhibit F. The Contract shall commence upon issuance of a Notice of Award and contract signature on October 1, 2024, or afterward upon contract execution date by both parties, and shall automatically expire on September 30, 2027. The Contract may be renewed in writing for up to two (2) additional one-year periods upon mutual agreements of the parties.

Renewal Periods:

October 1, 2027 September 30, 2028 October 1, 2028 September 30, 2029

Contract will designate a process used to manage any anticipated and unanticipated changes to scope, schedule and pricing that may occur during the contract term. The change control process may involve a formal routing procedure with prescribed forms, minimum review periods, named individuals with approval authority, and changes which require

Amendments and XIV. Amendments for more details.

1.4 COMPENSATION.

A.Basis of Payment. The basis of payment is set forth in Exhibit E, Proposal. Acceptance by THC of the work is a condition of payment.

B.Invoices. The awarded Respondent shall request payment by submitting the original of an itemized application for payment in a form acceptable to THC. The invoice shall be supported by documentation required for the basis of payment listed in the Texas Prompt Payment Act. The awarded Respondent may submit an application for payment no more frequently than monthly and no later than ninety days after completing work specified in the contract. Each application for payment shall show the contract number, the total amount earned to the date of submission, and the amount due as of the last date of the payment period noted on the invoice.

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

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

(2) pending verification that work is satisfactory;

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

(4) if required work product is not received; or

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

D.Funds Availability. This contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, legislative budget cuts, amendment of the Appropriations Act, state agency consolidations, or any other disruption of current appropriations, the THC has the right to cancel the contract with thirty (30) days written notice to the awarded Respondent

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

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

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

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

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

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

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

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

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

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

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

(3) a precise statement of the relevant facts;

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

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

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

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

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

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

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

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

SECTION II

STATEMENT OF WORK

2.1 SERVICE REQUIREMENTS. Services shall include, but are not limited to, the requirements contained in this RFP. In accordance with the approved schedule and price, the awarded respondent shall provide and/or secure all materials, labor, coordination, management and supervisory activities necessary to complete the Project in accordance with the Contract Documents, Drawings, Speci f icat ions , Addenda, and Contr act Modif icat ions ( i f needed) .

The Texas Historical Commission seeks one or more general contractor firms that have proven experience with the production of identification, location, or point of interest markers . Contractor must have a MINIMUM of 5 yea experience in production similar to the type of work required by this solicitation (as judged by THC) to be eligible for contract award. Preference will be given to respondents who have completed similar projects. THC requires all work to comply with all applicable Federal and State laws, codes, and standards.

This solicitation will include a submittal of company experience and qualifications focusing on projects of similar size and type, and their pricing. Respondents will be evaluated as described in paragraph 3.12 Scoring Criteria.

Historical markers specified in Exhibit E of this RFP will match existing Official Texas Historical Markers in all details. Existing aluminum Official Texas Historical Markers have been produced by sand casting process. Aluminum posts, when included, have been either welded or attached by tamper-proof screws. Other processes, including precision tooling and laser engraving, will be considered for this RFP. Successful bidder(s) must demonstrate that proposed production methods other than sand casting and welding or tamper-proof screws would result in products equal to or better than existing products in their appearance, production time, durability, and resistance to vandalism and fading. Bidders must also indicate if their proposed production methods would involve production stages through subcontractors (see Section 2.2 Subcontractors for more details.) See Exhibit D Drawings and Exhibit E Respondent Price Grid Proposal, Tab 1.2 Additional Requirements, for more details.

2.1.1 PACKAGING. Each product shall be packed and shipped in any manner desirable to the manufacturer, so long as it results in a safe and secure delivery to each address which THC will provide. The packaging shall be adequately identified on the outside of the packaging, including origin and destination with contact information and a description of the product/items. Any products which do not meet the packaging criteria stated in this section will be considered non-compliant. Products which are delivered damaged, delayed or to wrong addresses may be returned to the manufacturer at their expense.

2.1.2 INSTALLATION INSTRUCTIONS. Each package will include clear and detailed written instructions on proper installation instructions for the products/items it contains. Such instructions shall be provided by the Contractor but developed in conjunction with the THC.

2.1.3 DELIVERY LOCATION. All products/items shall be delivered to the addresses furnished to the contractor by the THC.

2.1.4 DELIVERY SCHEDULE. Respondents shall furnish, in the space provided on Exhibit E Price Grid, a delivery schedule for each line item indicating the time required for delivery after receipt of order (ARO) otherwise specified. Failure to state delivery time may disqualify the Respondent. At its sole discretion, THC may choose to negotiate delivery times.

Successful bidder(s) must be able to deliver markers within 90 calendar days of contract award (and each order notification thereafter) and also be able to deliver special rush orders within 30 calendar days. Please specify delivery times with response.

Deliveries shall be made between 8 a.m. and 4 p.m. Central Time, Monday through Friday except on regularly observed state and federal holidays, unless prior approval has been obtained from the THC or is otherwise stated.

State holidays can be found at https://hr.sao.texas.gov/Holidays/. Federal holidays can be found at https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays.

2.2 HUB Subcontracting Plan (HSP) In accordance with the Texas Government Code, Sections 2161.181-182 and Title 34, Chapter 20, Subchapter B, §20.10- §20.28 of the Texas Administrative Code (TAC), the Texas Historical Commission (THC) shall make a good faith effort to utilize Historically Underutilized Businesses (HUBs) in contracts for construction services, including professional and consulting services; and commodities contracts. The purpose of the HUB Program is to promote full and equal business opportunities for all businesses in State contracting in accordance with the THC projected goals:

percent for heavy construction other than building contracts, percent for all special trade construction contracts, percent for professional services contracts, percent for all other services contracts, and percent for commodities contracts.

As mandated by 34 TAC § 20.14, respondents must submit a HUB Subcontracting Plan that identifies all subcontracting items and complies with good faith effort requirements outlined in HUB Subcontracting Plan and in accordance with the Texas Comptroller of Public Accounts HUB rules [34 TAC §20.14 (d)(1)(D)(iii)].

Pursuant to TGC § 2161.252(B), the Texas Historical Commission shall reject any Response that does not include a fully completed HUB Subcontracting Plan. An incomplete HUB Subcontracting Plan is considered a material failure to comply with the solicitation requirements.

The HUB Subcontracting Plan shall become a provision of the contract between the awarded Respondent and THC.

The awarded Respondent can only change the HUB Subcontracting Plan if (a) the Respondent complies with 34 TAC Section 20.14; (b) the Respondent provides its proposed changes to THC for review; (c) THC approves the proposed changes to its HUB Subcontracting Plan; and (d) THC and the Respondent amends their contract by submitting a revised HUB Subcontracting Plan containing the changes approved by THC.

If THC determines that the Respondent failed to implement the HUB subcontracting plan in good faith, THC, in addition to any other remedies, may report nonperformance to the Texas Comptroller of Public Accounts in accordance with 34 TAC, Section 20.14, (g)(5).

If further assistance is needed in preparing the HUB Subcontracting Plan, potential respondents may contact the THC HUB Coordinator Eric McGiver at 512-463-7748, or by email at eric.mcgiver@thc.texas.gov .

2.3 SUBCONTRACTORS. Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of Respondent. No subcontract under the Contract shall relieve Respondent of responsibility for ensuring the requested services are provided. Respondents planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors. Proof of competitive process for all subcontractors must be sent to THC (including bid tabs and winning bids) during the contract and all payments to subcontractors must match up to the payment waivers with actual payments. These payments must reconcile to the Progress Assessment Report (PAR).

2.4 PERFORMANCE TRACKING. THC will monitor the performance of the Contract issued under this RFP. All services under the Contract shall be performed at a quality level acceptable to THC and in a manner consistent with applicable professional guidelines. Monitoring methods may include desk reviews (including but not limited to progress reports, status reports, activity reports, financial reports and vendor performance reports), site visits, and monitoring by third parties.

THC will include an acceptance process to ensure that specifications and deliverable deadlines are met by the Respondent, and THC acceptance of products and services is a condition of payment. Disputes over work or costs, pending verifications that work is satisfactory, required work product not received, or other conditions may result in THC withholding payments from Contractor (see Section 1.4 Compensation for more details). Additional remedies may include liquidated damages, compensatory damages, discounts, credits, refunds, waiver of fees, restitution damages, equitable remedies, or other remedies which THC determines are appropriate.

REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

SECTION III

PROPOSAL INFORMATION

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

EVENT DATE

Issue RFP/ESBD Posting Date July 29, 2024 Deadline for Submission of Questions in Writing August 12, 2024 Official Response to Questions Posted on the ESBD August 15, 2024

RFP August 16, 2024, 2:00 P.M. CST August 20, 2024 submission by Respondents) and returned responses (only upon submittal by deadline) Deadline for Submission of Proposals August 30, 2024, 2:00 P.M. CST Public Bid Opening August 30, 2024, 2:15 P.M. CST Proposals Evaluations and Discussions September 3-6, 2024 Expected Award of Contract September 16, 2024 Expected Contract Start Date October 1, 2024

3.2 REVISIONS TO SCHEDULE. THC reserves the right to change the dates in the schedule of events above upon written notification to prospective Respondents through a posting on the Electronic State Business Daily (ESBD) as an Addendum. It is the responsibility of interested parties to periodically check the ESBD for updates to the RFP prior to submitting a Proposal. The Respondent's failure to periodically check the ESBD will in no way release the awarded respondent from the requirements of ddenda or additional information nor will any resulting additional costs to meet the requirements be allowed after the award(s).

3.3 BID BOND. Proposals exceeding $25,000.00 must be accompanied by a proposal security in the form of an original bid bond, certified check or cashier's check drawn to the order of the Texas Historical Commission for not less than five percent (5%) of the total amount of the proposal (including total of all alternate proposal items). Therefore, to ensure adequate proposal security, respondents should calculate proposal security based on the highest possible monetary award. Personal checks, company checks and cash are not acceptable as proposal security.

Proposal will be rejected if proposal security is not furnished in the form specified and by the time set for receipt of proposals.

Proposal security for the three (3) highest ranked firms may be retained by THC until the awarded respondent executes the contract, and if required, furnishes bonds and certificates of insurance. All other proposal security will be returned within 30 days.

Proposal security for the awarded respondent will be returned following execution of the contract and submission of satisfactory bonds and insurance. If the awarded respondent fails to return the signed contract and/or bonds and certificate of insurance within the time specified, the proposal security may be forfeited as liquidated damages.

The THC may then proceed to the next lowest responsive/responsible respondent. The undersigned further agrees that this Proposal security is the appropriate measure of liquidated damages which the THC will sustain by the failure of the undersigned to execute and deliver said contract and required documents.

3.4 BONDING REQUIREMENTS. If the total contract price exceeds $25,000.00, a Payment Bond must be furnished by the awarded respondent at the time of contract execution. If the total contract price exceeds $100,000.00 a Payment Bond and a Performance Bond must be furnished by the awarded Respondent at the time of contract execution.

3.5 ADDENDA. The THC reserves the right to issue addenda at any time prior to the proposal due date. (See also Division 1, General Requirements - Special Conditions). All addenda will be posted as an addendum on the Electronic State Business Daily. It is the responsibility of interested parties to periodically check the ESBD for updates to the procurement prior to submitting a bid. The Responden failure to periodically check the ESBD will in no way release the awarded respondent from complying with the information contained therein. All addenda shall be acknowledged as received on the Contracto Price Proposal Form.

3.6 PROPOSAL REQUIREMENTS.

Submittal pages should be numbered and contain an organized, paginated table of contents corresponding to the section and pages of the submittal. Additionally, respondent shall provide a formatted USB Flash Drive containing an original, complete copy of the responde proposal to this RFP. The format shall be Adobe Acrobat version

9.0 or higher.

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

Document to be submitted Signature required? # copies

Signature Page- Failure to sign and return with the Submittal will result in rejection of the Submittal.

Yes 1

Exhibit A - Execution of Offer - Failure to sign and return with the Submittal will result in rejection of the Submittal. Yes 1

Exhibit B - Conflict of Interest/Disclosure Statement/Certification Regarding Public Nature of the Submittal -Failure to sign and return with the Submittal will result in rejection of the Submittal.

Yes 1

Exhibit C Certification of Lobbying -Failure to sign and return with the Submittal will result in rejection of the Submittal.

Yes 1

Exhibit D Drawings-Historical Markers-Required Drawings Failure to sign and return with the Submittal will result in rejection of the Submittal.

Yes 1

Exhibit E Price Grid Proposal-Failure to sign and return with the Submittal will result in rejection of the Submittal. Yes 1

Exhibit H -ref 3.12.1-Failure to sign and return with the Submittal will result in rejection of the Submittal.

Yes 1

Documentation of Qualifications of Assigned Staff ref. 3.12.1- Failure to provide documentation with the Submittal may result in rejection of the Submittal.

No 1

Documentation of Relevant Experience (including samples of work) Failure to provide documentation with the Submittal may result in rejection of the Submittal.

No 1

Documentation of Financial Responsibility and Stability ref. 3.16 Failure to provide documentation with the Submittal may result in rejection of the Submittal.

Yes 1

Signed addenda, if applicable ref 3.5 Yes 1 each

Proposal security Bid bond or other form as described at 3.3 -Failure to submit with the Submittal will result in rejection of the Submittal. Yes 1

Attachment A HUB Subcontracting Plan as described at 2.2- Failure to sign and return with the Submittal will result in rejection of the Submittal.

Yes 1

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

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

d) Costs: The Respondent is solely responsible for all expenses related to the preparation and submission/delivery of its Proposal.

e) Proposals will be subject to the Texas Public Information Act (PIA), Tex. Government Code, Chapter 552, and may be disclosed to the public upon request. The Proposal and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. However, subject to the Act, Respondents may protect trade and confidential information from public release. Respondent is required to make any information created or exchanged with the State pursuant to this contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format this is accessible by the public at no additional charge to the state.

If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Proposal or other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure in the PIA. Merely making a blanket claim the entire Proposal is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Proposal subject to release under the PIA. In order to initiate the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Proposal that are considered by the Respondent to be proprietary or confidential must be clearly labeled as described below. Any information that is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA.

Trade secrets or other confidential information, submitted as part of a Proposal, shall be clearly marked at each page it appears. Such marking shall be boldface type at least 14-point font.

3.7 ELEMENTS OF PROPOSAL. Listed below is a summary of all information to be included in a Proposal submitted in response to this RFP. Proposals without this information will be evaluated accordingly. THC reserves the right, in its sole judgment and discretion, to waive minor technicalities and errors in the best interest of the state.

a) Signature Page: Failure to fill out, sign and return the Signature Page with the submitted Proposal will result in rejection of the Proposal.

b) Exhibit A, Execution of Offer: Failure to sign and return the Execution of Offer with the submitted

Proposal will result in rejection of the Proposal.

c) Exhibit B, Conflict of Interest/Disclosure Statement/Certification Regarding Public Nature of the Offer: Failure to sign and return the Non-Disclosure Agreement with the submitted Proposal will result in rejection of the Proposal.

d) Exhibit C, Certification Regarding Lobbying: Failure to sign and return the Execution of Proposal with the submitted Proposal will result in rejection of the Proposal.

e) Exhibit D, Drawings: Historical Marker Drawings showing requirements for all Historical Markers.

Respondent must provide information how they can meet the criteria set forth in this section and how they can match current makers for reliability and how they will last the expected time.

f) Exhibit E, Price Grid Proposal: Proposals shall have all requested information fully and legibly completed including a price for all alternates and/or unit costs listed in Exhibit E, s Price Grid. Failure to do so may result in rejection of the proposal. The price proposal form shall show no alterations or qualifications of any kind. The overall proposals must be signed by an individual who has the authority to legally bind the firm. The THC reserves the right to require a Respondent to furnish documentary evidence of Respondent s signature authority.

The THC may make such investigations as necessary to determine the ability of the Respondent to perform the work including evaluation of past performance, by contacting references, reserves the right to reject any bid if the evidence submitted and/or obtained through investigation fails to satisfy the THC that the Respondent is properly qualified to carry out the obligations of the Contract

g) Exhibit H : Failure to properly complete and provide a Contractor's Qualifications Statement will be cause for the Respondent's Proposal to be rejected by the

THC.

The THC may make such investigations as necessary to determine the ability of the Respondent to perform the work including evaluation of past performance, by contacting references, reserves the right to reject any Proposal if the evidence submitted and/or obtained through investigation fails to satisfy the THC that the Respondent is properly qualified to carry out the obligations of the Contract.

The Evaluation Committee, at their discretion, may follow up on references provided on Exhibit H, Contractor s Qualifications Statement. Negative responses or inability to contact listed references using contact information in the proposal may be grounds for disqualification.

h) Documentation of Company Information and Relevant Experience: Complete all information on Exhibit H, Contractor s Qualifications Statement. Refer to 3.12. Scoring Criteria, B. Criteria Two:

Responden Comparable Experience for more information.

i) Documentation of Qualifications of Assigned Staff: Submit resumes for both the project manager and the site superintendent who will be assigned to the project. Respondent may also provide narrative that describes, in detail, any additional qualifications. Refer to 3.12. Scoring Criteria, C. Criteria Three:

Resp Assigned Staff Qualifications for more information.

Contractor shall assign only qualified personnel to this Contract. On the date of THC's execution of this Contract, THC's project manager shall authorize the key personnel listed in Attachment B of this Contract to provide services under this Contract. The Contractor, at their reasonable discretion, has the right to substitute appropriate key personnel to accomplish its duties so long as the substituted personnel are equally qualified and skilled in the tasks necessary to accomplish the tasks and services required. The Contractor shall provide to THC prior written notice and obtain written approval from THC prior to any change in key personnel involved in providing services under this Contract.

Subcontractors providing services under the Contract shall meet the same requirements and level of experience as required of Contractor. No subcontract under the Contract shall relieve Contractor of responsibility for ensuring the requested services are provided. If Contractor uses a subcontractor for any or all of the work required, the following conditions shall apply:

Contractors planning to subcontract all or a portion of the work to be performed shall identify the proposed subcontractors.

Subcontracting shall be solely at Contractor's expense.

THC retains the right to check subcontractor's background and approve or reject the use of submitted subcontractors.

The primary Contractor shall be the sole point of contact for THC. The Contractor shall list a designated Project Manager/point of contact for all THC inquiries.

j) Documentation Financial Responsibility and Stability:

The Respondent must provide evidence of financial responsibility and stability for performance of the requirements/services for which a proposal is submitted. Respondent must provide copies of documents to show the financial capability to demonstrate financial solvency, and to verify the capacity to fulfill the requirements of this RFP. The documents may include but are not limited to the Respondent's most recent audited financial statement. THC reserves the right to require any additional information necessary to determine the financial integrity and responsibility of a Respondent and to reject a proposal on the grounds of the Respondent's financial soundness.

k) References for Historical Marker (or similar work): The Evaluation Committee, at their discretion, may follow up on references provided. Negative responses or inability to contact listed references using contact information in the proposal may be grounds for disqualification.

l) Attachment A, HUB Subcontracting Plan: Failure to sign and return the HUB Subcontracting Plan with the submitted Proposal will result in rejection of the Proposal.

m) Bonds: Proposals exceeding $25,000.00 must be accompanied by a proposal security in the form of an original bid bond, certified check or cashier's check drawn to the order of the Texas Historical Commission for not less than five percent (5%) of the total amount of the proposal (including total of all alternate proposal items).

Therefore, to ensure adequate proposal security, respondents should calculate proposal security based on the highest possible monetary award. Personal checks, company checks, and cash are not acceptable as proposal security. Proposal will be rejected if proposal security is not furnished in the form specified and by the time set for receipt of proposals.

Proposal security for the three (3) highest ranked firms may be retained by THC until the awarded respondent executes the contract, and if required, furnishes bonds and certificates of insurance. All other proposal security will be returned within 30 days.

Proposal security for the awarded respondent will be returned following execution of the contract and submission of satisfactory bonds and insurance. If the awarded respondent fails to return the signed contract and/or bonds and certificate of insurance within the time specified, the proposal security may be forfeited as liquidated damages. The THC may then proceed to the next lowest responsive/responsible respondent.

The undersigned further agrees that this Proposal security is the appropriate measure of liquidated damages which the THC will sustain by the failure of the undersigned to execute and deliver said contract and required documents.

If the total contract price exceeds $25,000.00, a Payment Bond must be furnished by the awarded respondent. If the total contract price exceeds $100,000.00 a Payment Bond and a Performance Bond must be furnished by the awarded Respondent. (See also Article 5, Uniform General Conditions).

3.8 INQUIRIES.

a) All inquiries shall be submitted in writing (i.e. page# or section of the proposal) to Christi Duve at christi.duve@thc.texas.gov on the date listed as the deadline for submission of questions as specified in Section

3.1 above. Should Respondents have questions regarding proper completion of the HUB Subcontracting Plan, the Respondent may contact the HUB Coordinator, Eric McGiver at eric.mcgiver@thc.texas.gov, 512-463- 7748 with a copy to the purchaser listed above.

b) All written inquiries will result in written responses posted to the ESBD, available at http://www.txsmartbuy.com/esbd

c) Except as otherwise provided in this Section, upon issuance of this Solicitation, other employees and representatives of THC will not answer questions or otherwise discuss the contents of the Solicitation with any potential Respondent or its representatives. Failure to observe this restriction may result in disqualification of any subsequent response. This restriction does not preclude discussions unrelated to this Solicitation.

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

3.9 PROPOSAL SUBMISSION.

All Proposals shall be received and time stamped at THC prior to 2:00 PM, Central Time, Austin, Texas, on the date specified in the Schedule of Events above. THC reserves the right to reject late submittals.

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

Telephone facsimile Proposals will not be accepted.

Receipt of all addenda to this RFP should be acknowledged by returning a signed copy of each addendum with the submitted Proposal.

3.10 DELIVERY OF PROPOSALS.