ESBD_413364_1745432111563_TMD25-TXANG-24018001 136AW BOUNDARY SURVEY CARSWELL.pdf

Page 1 of 29 OGC Approved 10/16/2021

TEXAS MILITARY DEPARTMENT SOLICITATION

NIGP CODES

962-52 - Mapping and Geographical Information Systems (GIS) Services, Including Cartography and Surveying Services, Not Aerial

SOLICITATION NO.

TMD25-TXANG-24018001

TYPE OF SOLICITATION

Request for Qualifications (RFQ)

DATE ISSUED

04/23/2025

REQUEST FOR QUALIFICATIONS (RFQ) – 136AW BOUNDARY SURVEY CARSWELL AFB FORT WORTH, TX

Respondent must submit their responses via e-mail to:

procurement@military.texas.gov no later than 2:00 P.M. CST on 05/09/2025

FOR INFORMATION CONTACT:

Ronald L. Bullock

Purchaser, CTCD, CTCM

Contract Administrator

PHONE: (512) 782-6786

EMAIL: Procurement@military.texas.gov

RESPONSE (Respondent must fully complete)

DISCOUNT FOR PROMPT PAYMENT:➔ 10 DAYS

20 DAYS

30 DAYS

___ DAYS

ACKNOWLEDGMENT OF ADDENDA:

(Respondent acknowledges receipt of Solicitation addenda and related documents numbered and dated:

ADDENDUM NO. DATE ADDENDUM NO. DATE

NAME AND ADDRESS

OF RESPONDENT:➔

RESPONSE DATE

TELEPHONE NO. (Include area code)

SIGNATURE OF AUTHORIZED REPRESENTATIVE

NAME AND TITLE OF AUTHORIZED REPRESENTATIVE

CERTIFICATION, DISQUALIFICATION, and REMEDIES By signing this document, Vendor represents and warrants that all statements, certifications, and information submitted in response to this solicitation are true, current, complete, and accurate.

Failure to sign will disqualify response. TMD may pursue and enforce any available remedies against the Vendor for making false statements, including disqualifying the Vendor’s response, immediately cancelling any Contract awarded to Vendor, or recommending State of Texas debarment.

TERM, PRICING, and FUNDING The initial Contract term is effective on the effective date stated in the notice of award (or purchase order if there is no notice of award) and expires one (1) year from that effective date.

TMD will not allow changes after the Date of Award to terms and/or pricing. Vendor may negotiate price at time of renewal/extension (if applicable). The continuation of the Contract for any period is subject to the availability of TMD’s funding source for the Contract.

mailto:procurement@military.texas.gov mailto:Procurement@military.texas.gov

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ANTICIPATED SCHEDULE OF EVENTS

TMD currently anticipates that the selection of successful Respondents and award of this Contract, if any, will proceed according to the following schedule:

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Date Time CST EVENTS

04/23/2025 Solicitation Posted to ESBD

04/28/2025 2:00pm Last day to submit written questions for clarification to TMD

05/02/2025 Estimated date for TMD to post Question and Answer (Q&A) document to ESBD

05/09/2025 2:00pm Deadline for TMD to receive Responses

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ANTICIPATED SCHEDULE OF EVENTS

SECTION A—DEFINITIONS

SECTION B—GENERAL REQUIREMENTS

B.1 PURPOSE

B.2 INVOICE REQUIREMENTS

B.3 PAYMENTS

B.3.1 Billing and Payment

B.3.2 Payment Adjustment

B.3.3 Late Payment

B.3.4 Deductions for Unacceptable Compliance

B.3.5 Withholding of Payment

B.3.6 Debts and Delinquencies

B.3.7 Right to Offset

SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

C.2 BACKGROUND

C.3 OBJECTIVE

C.4 STATEMENT OF WORK SUBMITTAL

C.5 MINIMUM REQUIREMENTS

C.6 DELIVERABLES

C.7 TMD PERSONNEL

C.7.1. TMD’s Contract Administrator

C.7.2 TMD’s Project Manager

C.7.3 TMD’s Assistant Project Manager

C.7.4 TMD’s Civil Engineer Operations Manager

C.7.5 TMD’s Civil Engineer Assistant

C.8 INSURANCE REQUIRED UNDER THIS CONTRACT

SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 RESPONSE PREPARATION INSTRUCTIONS

E.1.1 Purpose of Instructions

E.1.2 Submission of responses

E.1.3 References

E.1.4 Minimum Qualifications

Basis for Selection

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E.1.5 Acceptance Criteria

E.2 AMENDMENTS TO THE SOLICITATION

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

E.4 SIGNATURES ON RESPONSE SUBMITTED

E.5 RESPONSE ACCEPTANCE PERIOD

E.6 CONTRACT AWARD

E.7 TMD’s RIGHTS

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Volume One – Contract Forms and Required Response Information

E.8.2 Volume Two – Information Section

E.9 DISCUSSION AND CORRESPONDENCE

E.10 SUBMISSIONS SUBJECT TO THE Texas public information act

E.12 ANTICIPATED SCHEDULE OF EVENTS

SECTION F—EVALUATION CRITERIA

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SECTION A—DEFINITIONS

The following terms and acronyms used in this Contract have the meanings given in this section unless the context indicates otherwise.

“BAFO” means best and final offer.

“Business Days” means Tuesday through Friday except for federal, state, and legal holidays observed by the State of Texas.

“Business Hours” means 6:30 a.m. to 5:00 p.m. Central Time.

“Contract” means this formal, written, and legally enforceable agreement between TMD and Contractor.

“Contractor” means the individual, business entity, or organization awarded this Contract. In the context of submitting a response, “Contractor” also means “Respondent” and “Vendor.”

“Date of Award” means the date this Contract is fully executed.

“Days” means calendar days unless otherwise specified.

“TMD” means the Texas Military Department of the State of Texas, a state agency in the executive branch created under Texas Government Code (TGC) Chapter 437.

“Fiscal Year” means any of the one (1) year periods beginning October 1 and ending September 30 used for annual budgetary purposes by the State of Texas.

“Parties” means Contractor and TMD.

“Respondent” means the individual, business entity, or organization that submits a response in response to this solicitation with intent to contract with TMD.

“Vendor” means the individual, business entity, or organization at any stage in the procurement or contracting process (prior to response, during response, and after contract award).

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SECTION B—GENERAL REQUIREMENTS

B.1 PURPOSE

A. The Texas Military Department is seeking Statement of Qualifications from qualified vendors or firms to perform a sewer line investigation and assessment at Ellington Field Joint Reserve Base located in Houston, TX.

B. Statements of Qualifications submitted for evaluation by interested firms shall be evaluated according to the following criteria:

a. Qualifications, abilities and capabilities to perform services as specified;

b. References, past records and other indicators of probable performance;

c. Demonstrated ability to perform services on a timely basis;

Bids for the cost of the proposed project shall not be a factor in the evaluation of firms until negotiations have begun with the most qualified Vendor in accordance with Texas Government Code 2254.004 Subchapter A.

B.2 INVOICE REQUIREMENTS

Invoices are Contractor’s billing for goods or services rendered. TMD will pay Contractor on the basis of itemized invoices submitted to and approved by TMD. The invoices must show the actual deliverables provided and the attendant charge. Itemized invoices must clearly identify the project phase or title, deliverables delivered, the number of hours that each allocated employee worked if applicable, and the date range of work performance for this associated charge.

C. Contractor’s invoice must include the following:

1. this Contract number;

2. remittance address; and

3. any prompt payment discount offered.

D. Contractor must send an email with the invoice copy to Payables@military.texas.gov and to the Contract Monitor.

An original, hard-copy invoice, if required by Contractor, will be submitted to the office designated below:

Texas Military Department (TMD) Attn: Accounts Payable Department

P.O. Box 5218, Building 11 Austin, Texas 78703

The State of Texas will not incur any penalty for late payment if the invoice fails to conform to the requirements of this section or if Contractor did not mail or email the invoice to the appropriate physical and/or email addresses identified in this section.

mailto:Payables@military.texas.gov

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B.3 PAYMENTS

A. TMD recommends that Contractor receive payments by electronic funds transfer (EFT), also known as direct deposit. If Contractor elects to be set up for direct deposit payment, Contractor must submit a completed Direct Deposit Authorization Form (Attachment G.1).

B. Regardless as to whether Direct Deposit is chosen, Contractor must submit a completed Application for Texas Identification Number (Attachment G.2) to the following addresses:

Texas Military Department (TMD)

Attn: Accounts Payable P.O. Box 5218, Building 11 Austin, Texas 78703-5218

Or Email: Procurement@military.texas.gov

Reference: Contractor Set-up for Solicitation TMD25-TXANG-24018001

Notes: Contact Ronald L. Bullock when completed @ 512-782-6786 or Procurement@military.texas.gov

C. If Contractor has previously submitted a completed Contractor Direct Deposit Authorization and Application for Texas Identification Number to TMD for another separate contract, another form is not required to be submitted.

B.3.1 Billing and Payment

A. One Lump Sum Payment: Notwithstanding anything else to the contrary in this Contract, TMD will not make any payments of any amount to Contractor or any other entity or person, and Contractor will not submit any invoices, until Contractor has received from TMD a written Final Acceptance Document attachment signed by TMD’s Contract Manager specifically stating that TMD accepts the commodities, and Contractor is authorized to submit an invoice. This Contract provides for one lump sum payment for the commodities. This Contract will not involve progress payments. If the products are not accepted, this Contract will involve no payments of any type for any amount.

B. Texas Government Code (TGC) Chapter 2251 (the Prompt Payment Act) will govern payment and accrual of interest on any overdue payments.

C. If TMD, for any reason, including lack of supporting documentation, disputes any items in any invoices submitted by Contractor, TMD will place a hold on the disputed items and may pay the remaining amount of the invoice. TMD will timely notify Contractor of the dispute and request clarification or remedial action.

D. If the dispute is resolved in Contractor’s favor, TMD will pay the remaining portion of the original invoice in accordance with the Prompt Payment Act. If the dispute is resolved in TMD’s favor, Contractor must resubmit an invoice reflecting all corrections.

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B.3.2 Payment Adjustment

A. TMD may elect to deduct from Contractor payment as specified in this section or any amount specified in or any money determined to be due as specified in this Contract.

B. If it is determined that the remaining amount of Contractor payment is not adequate to cover the money determined to be due to TMD, then all remaining Contractor payments will be withheld, and an invoice issued to Contractor for the remaining amount due.

C. Contractor must pay the invoiced amount within 30 days of receipt unless Contractor and TMD mutually agree on an alternative payment method.

B.3.3 Late Payment

Any amount owed to Contractor more than one day beyond the date such amount is due as described in this section will accrue interest each day that such amount is not paid at the rate specified by TGC § 2251.025, provided; however, that this provision will not excuse failure by TMD to make payment in strict accordance with this Contract.

B.3.4 Deductions for Unacceptable Compliance

If Contractor fails to comply with the terms of the Contract, TMD may withhold Contractor’s payment. If non-compliance results in TMD purchasing goods or services from another entity to remedy the non-compliance, TMD will deduct those costs from Contractor’s payment.

B.3.5 Withholding of Payment

A. TMD will have the right to withhold Contractor’s payment until the failures described below have been corrected.

1. Failure to submit reports or other documentation required in Section D—Contract

Compliance Reports and Data required from Contractor;

2. Failure to comply with background check or security requirements;

3. Failure to respond to audit reports; and

4. Failure to correct identified areas of non-compliance to the satisfaction of TMD within ten days upon receipt of written notification.

B. TMD will not pay interest to Contractor for monies so withheld.

C. Contractor’s withheld payment will be released upon TMD’s satisfaction that compliance has been achieved for 30 consecutive days.

D. In the event that money is due to TMD for Contractor’s failure to provide adequate maintenance or replacement of the property as required in this Contract, the amount required for TMD to correct deficiencies and replace property will be withheld from the final payment.

E. With the exception of disputed issues, such withholding of final payment by TMD will not exceed 120 days from date of this Contract’s termination.

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B.3.6 Debts and Delinquencies

TMD is prohibited from issuing any payment to a person or entity that has been reported as having an indebtedness or delinquency to the State of Texas. Contractor agrees and understands that, to the extent Contractor owes any debt or delinquent taxes to the State of Texas, TMD will apply any payments or other amounts Contractor is otherwise owed under this Contract toward the debt or delinquent taxes until the debt or delinquent taxes are paid in full. Contractor must comply with all applicable laws regarding satisfaction of debts or delinquencies to the State of Texas.

B.3.7 Right to Offset

In the event TMD determines that Contractor owes money to TMD under any contract or purchase order, TMD, upon providing Contractor with written notice of its intent to offset, will have the right to withhold monies due to Contractor with respect to this Contract or with respect to any other contract or purchase order with TMD and apply such monies to the money due to TMD.

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SECTION C - STATEMENT OF WORK

C.1 INTRODUCTION

The Texas Military Department (TMD) is seeking skilled and qualified Contractor to provide comprehensive boundary survey services for the 136th Airlift Wing, located at Carswell Air Force Base (AFB), Fort Worth, Texas. The selected Contractor shall perform all necessary tasks to complete a full boundary survey of the designated area. All deliverables must be prepared, certified, and sealed by a Licensed Professional Land Surveyor (RPLS) registered in the State of Texas. Services will be provided at 136TH CES/TXANG (CARSWELL AIRFORCE BASE (AFB)) 100 Hensley Ave., Fort Worth, TX 76127. The Contractor must have a valid driver’s license to drive on to

CARSWELL AFB.

C.2 BACKGROUND

The 136 Airlift Wing (AW) is part of the Texas Air National Guard (TXANG), operates and maintains C-130J aircraft. It is based at Naval Air Station (NAS) Joint Reserve Base (JRB) Fort Worth, formerly Carswell AFB, located 6 miles north-northwest of downtown Fort Worth.

NAS JRB Fort Worth covers roughly 1,804 acres, and most of the installation is within the jurisdiction of the City of Fort Worth.

The installation is bordered by:

• Lake Worth to the north;

• the west fork of the Trinity River and the City of Westworth Village to the east;

• the City of Fort Worth to the northeast and southeast;

• the City of White Settlement to the west and southwest;

• the Lockheed Martin Air Force Plant 4 to the west.

• The northern portion of the NAS JRB Fort Worth borders approximately 1 mile of Lake Worth’s shoreline.

The 136 AW is a tenant unit occupying approximately 80 acres and 25 facilities within the NAS JRB Fort Worth. Refer to attached site plan for approximate boundaries.

C.3 OBJECTIVE

It is the intent of the Texas Military Department that the Contractor execute all necessary tasks to produce a boundary survey, certified and sealed by a licensed Professional Land Surveyor, encompassing the defined area of responsibility of the 136th Airlift Wing. The Contractor shall ensure that all work performed under this Contract fully complies with this requirement and adheres to applicable surveying standards and regulatory guidelines.

C.4 STATEMENT OF WORK SUBMITTAL

A. The Contractor shall perform the following:

1. Review and evaluate any current recorded deeds or plats, adjoining deeds or plats, and any right-of-way information.

2. Locate property corner markers, fences, and other items required to construct the boundary survey.

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3. Set property monumentation that was not located during the original survey.

4. Prepare preliminary boundary survey in AutoCAD and PDF format for TMD Project

Manager review.

5. All TMD-provided drawings or as-builts are for reference only.

6. The Contractor shall verify all existing conditions and dimensions.

7. Coordinate reviews as required by the Project Managers. The completion of a TMD inspection does not relieve the Contractor of its responsibility to comply with required project documents, codes, or the need to provide quality materials and workmanship.

B. The Contractor shall conduct the boundary survey in accordance with industry standards and best practices, as well as any specific requirements outlined in the Contract.

C. The Contractor must accurately locate and document all property corner markers, fences, and other relevant features.

D. The Contractor must demonstrate compliance with all applicable Occupational Safety and Health Administration (OSHA) and state safety regulations throughout the duration of the project.

E. The Contractor must submit the completed boundary survey within the specified period of performance, not to exceed 60 calendar days from the receipt of contract award.

F. The Contractor must promptly report any observations or discoveries of cultural resources, artifacts, or historical sites must be to the Project Manager (see Section C.7 for Project Manager contact information), and work must be suspended until otherwise directed.

G. The Contractor must adhere to all applicable regulations, standards, and specifications, including United Facilities Criteria (UFCs) and Unified Facilities Guide Specifications (UFGSs).

H. TMD Furnished Items:

1. TMD will provide Electrical power and water shall as needed.

2. TMD will provide the Contractor access to existing engineering plans, drawings, diagrams, aerial photographs, digitized, map files, etc. to facilitate evaluation of the site as needed or requested.

3. All TMD-provided drawings and maps are for reference only. The Contractor shall verify all existing conditions and dimensions.

4. TMD will arrange for the following as needed:

a. Personnel identification badges, vehicle passes and or entry permits

b. As required, provide escorts for Contractor personnel working in secured areas.

I. Security: TMD may prohibit installation access to anyone categorized as a security concern.

These concerns may include, but are not limited to: record of criminal conduct (active arrest warrant), felony conviction, illegal drug involvement, personal conduct, registration on any sexual offender registry, record of convictions/charges stemming from disrespect for law, and non-us citizen without proper documentation. It is the Contractor’s responsibility to contact the Naval Air Station Joint Reserve Base Fort Worth visitor control center to determine eligibility and any associated cost with obtaining installation access. The installation currently utilizes two

(2) methods for accessing the installation, daily visitor access pass, and a long-term pass granted through a TMD-approved, contractor-managed, process named RAPIDGates. In order

Page 12 of 29 OGC Approved 10/16/2021 to obtain a long-term pass (access badge), the Contractor is required to submit an application and pay a fee for each company (prime Contractor and subcontractor) and employee that will require access onto the installation. The Contractor can visit the RAPIDGate website at www.rapidgate.com or contact them by phone at 1-877-RAPIDGATE. In the event that the Contractor elects to request a daily access pass for its employees, and foregoes use of the RAPIDGate system, the vendor will be responsible for any delays experienced due to waiting for pass issuance at the visitor control center. The hours of operations for the visitor control center are available by phone at 817-782-3058.

J. Cultural Resources: The Contractor shall halt any ground disturbance activity in the event that any Native American or other historical artifacts, fossils, human remains, unmarked graves, or burial sites are found. Report any possible observations to the TMD Project Manager. TMD Project Manager shall suspend performance at the site of work and notify the Base Civil Engineer and Environmental Office. Performance cannot resume until directed by the Contracting Office.

K. Period of Performance: Contractor shall complete delivery within 60 calendar days after receipt of contract award.

C.5 MINIMUM REQUIREMENTS

A. The Contractor must hold a valid license as a Registered Professional Land Surveyor (RPLS), licensed by the Texas Board of Professional Engineers and Land Surveyors (TBPELS).

B. The Contractor must have prior experience in conducting boundary surveys, preferably within military installations or similar government environments.

C. The Contractor must demonstrate proficiency in utilizing AutoCAD software for the preparation of survey documentation.

D. The Contractor must possess the necessary equipment and resources to accurately locate property corner markers, fences, and other relevant features within the specified area.

E. The Contractor must have a valid driver's license permitting access to government and military installations.

F. The Contractor must have a clear record regarding security concerns as outlined in Section C, including no record of criminal conduct, felony convictions, or involvement in illegal drug activities.

C.6 DELIVERABLES

A. Boundary survey provided in AutoCAD format.

B. Boundary survey provided in PDF format.

C. If any progress meetings are held with TMD during the processing of this project, meeting minutes must be documented and submitted for each progress meeting.

http://www.rapidgate.com/

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C.7 TMD PERSONNEL

C.7.1. TMD’s Contract Administrator

A. The Contract Administrator for this Contract is Ronald L. Bullock

B. The telephone number for the Contract Administrator is 512-782-6786

C. The email address is Procurement@military.texas.gov

The Contract Administrator is responsible for the general administration of this Contract, negotiation of any changes, and issuance of written amendments to this Contract.

C.7.2 TMD’s Project Manager

A. The Contract Manager for this Contract is David Shamburger

B. The telephone number for the Contract Manager is 817-852-3328

C. The email address is David.Shamburger.5@us.af.mil

C.7.3 TMD’s Assistant Project Manager

A. The Assistant Project Manager for this Contract is Nate Norton

B. The telephone number for the Assistant Project Manager is 817-852-3327

C. The email address is Nathaniel.Norton@us.af.mil

C.7.4 TMD’s Civil Engineer Operations Manager

A. The Project Civil Engineer Operations Manager for this Contract is Michael Meeks

B. The telephone number for the Project Civil Engineer Operations Manager is 817-852-

C. The email address is Michael.Meeks@us.af.mil

C.7.5 TMD’s Civil Engineer Assistant

D. The Project Civil Engineer Assistant Manager for this Contract is Nicholas Matley

E. The telephone number for the Project Civil Engineer Assistant Manager is 817-852-

F. The email address is Nicholas.Matley.2@us.af.mil

TMD’s Project Managers for the Contract is responsible for the overall management and coordination of the Contract and will act as the central point of contact for TMD. The Project Manager has full authority to act for TMD in the performance of any project mailto:Procurement@military.texas.gov mailto:David.Shamburger.5@us.af.mil mailto:Nathaniel.Norton@us.af.mil mailto:Michael.Meeks@us.af.mil mailto:Nicholas.Matley.2@us.af.mil

Page 14 of 29 OGC Approved 10/16/2021 connected to the Contract. The Project Manager or a designated representative will meet with Contractor’s Project Manager to discuss problems as they occur.

C.8 INSURANCE REQUIRED UNDER THIS CONTRACT

In its response, Respondent must provide a statement of its intent to obtain and maintain for the term of the Contract (and any renewal periods or additional extensions) the minimum insurance coverage specified. Respondent should also describe other insurance coverage maintained by Respondent in the ordinary course of business and provide proof of same in its response. Proof of insurance and bond coverage may be provided in the form of current certificates of insurance. TMD and the State of Texas do not accept “self-insurance” coverage.

The awarded Contractor is required, within five business days of Notice of Award, to provide TMD with current certificates of insurance or other proof acceptable to TMD. Failure to submit acceptable proof of insurance within such time period may result in TMD’s revocation of the award.

Contractor must maintain the required insurance during the initial term and any optional renewal period exercised. Contractor is responsible for ensuring its subcontractors’ compliance with all insurance requirements.

Minimum Required Amounts of Insurance Coverage

Type of Insurance Each Occurrence/Aggregate

Workers’ Compensation Statutory Limits for the State of Texas or for any state Contractor’s employee resides in

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

$1,000,000 Each Accident $1,000,000 Each Employee $1,000,000 Policy Limit

Commercial General Liability (occurrence based)

Bodily Injury and Property Damage $1,000,000 Each Occurrence Limit $2,000,000 Aggregate Limit $2,000,000 Products/Completed Operations Aggregate Limit $1,000,000 Personal Injury and Advertising Liability $50,000 Damage to Premises Rented $5,000 Medical Payments

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$1,000,000 Combined Single Limit (for each accident)

Umbrella/Excess Liability $1,000,000 Per Occurrence

Commercial Crime $50,000 Each Occurrence

Professional Liability Including errors and omissions

$1,000,000 Per Occurrence $2,000,000 Annual Aggregate

All required insurance coverage must be issued from a company or companies with a Financial Strength Rating of “A” or better from A.M. Best Company, Inc.

All insurance policies for required coverage must be issued by companies authorized to do business under the laws of the State of Texas and in a form satisfactory to TMD. All required insurance

Page 15 of 29 OGC Approved 10/16/2021 contracts must: (1) be written on a primary and non-contributory basis with any other insurance coverages Respondent currently has in place; and (2) include a Waiver of Subrogation Clause.

All certificates of insurance for required coverage other than workers compensation and professional liability must name the Texas Military Department of the State of Texas and its board, officers, employees, and agents as additional insureds.

Contractor must:

A. Provide all required written documentation under this section to the Contract Administrator;

B. Ensure all insurance policies and certificates of insurance for required coverage are written to include all products, services, and locations related to Contractor’s performance under this Contract;

C. Ensure (and represents by executing a Contract) that all required policies contain endorsements prohibiting cancellation except upon at least 30 days’ advanced written notice to TMD. The certificates of insurance must be addressed to the Texas Military Department of the State of Texas as the certificate holder;

D. Deliver all copies of changes to insurance coverage (including extensions, renewals, cancellations, and revisions) at least ten calendar days prior to any expiration of a required policy. All renewal policies and corresponding certificates of insurance must meet all terms set forth in the Contract.

Contractor must ensure that all provisions of the Contract concerning liability, duty, and standard of care, together with the indemnification provision, are underwritten by contractual liability coverage sufficient to include Contractor’s obligations under the Contract.

Contractor’s insurance policies will provide coverage for Contractor’s principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under this Contract.

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SECTION D—CONTRACT COMPLIANCE REPORTS AND DATA

Contractor must submit the reports and all additional Contractor documentation requirements in this section during the course of this Contract. These deliverables may be revised or additional ones may be required at TMD’s sole discretion.

FREQUENCY DUE DATE REPORT ITEM AUTHORITY TMD PERSONNEL TO RECEIVE

REPORT

Other

Within 5 business Days of Contract award

Insurance Requirements Insurance, Section C.8

Contract Administrator

Within 90 Business Days of Contract award

Assessment report and inspection findings including all video, photographs, drawings, and prioritized recommendations for short-term and long-term solutions of existing sewer system.

Statement of Work, Section C.4

Project Manager

Upon Completion Invoicing – Specific to the Contract

Section B.2 Payables@military.texas.gov with a copy to Project Manager and Contract Administrator

Intentionally Left Blank mailto:Payables@military.texas.gov

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SECTION E—INSTRUCTIONS, CONDITIONS, AND NOTICES TO RESPONDENTS

E.1 RESPONSE PREPARATION INSTRUCTIONS

E.1.1 Purpose of Instructions

A. These instructions are designed to assure the submission of information essential to the understanding and the comprehensive evaluation of Bidder’s response.

B. Responses must be prepared in accordance with these instructions providing all required information in the format specified.

C. Failure of a response to show compliance with these instructions and submit all documentation may be grounds for disqualification of the response from further consideration unless stated otherwise within this solicitation.

E.1.2 Submission of responses

A. Responses will be typed, paginated, contain a full table of contents, and have component sections clearly identified bookmarks (electronic).

B. Sealed responses must be received by TMD no later than the deadline established and submitted to:

Texas Military Department Procurement and Contract Services Procurement@military.texas.gov Subject: Solicitation No. TMD25-TXANG-24018001

C. Bidder must demonstrate that bidder’s operations conform to applicable TMD, state, and federal policies and standards.

D. Bidder must submit only material directly pertinent to the requirements of this solicitation.

Extraneous narrative, elaborate brochures, uninformative public relations material, including Bidder’s policies, procedures, and post orders for which no deviation to TMD Policy is being requested, and other similar documents will not be submitted.

E.1.3 References

A. Respondent must identify and provide, Verification of Experience, a minimum of three (3) past or current projects of similar size and complexity performed within the past five (5) years.

B. Respondent must provide, at a minimum, the contact name, email address, phone number, and title for each reference provided.

C. Respondent must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

E.1.4 Minimum Qualifications

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Basis for Selection

A. Respondent must provide with their submission a copy of a valid license as a Registered Professional Land Surveyor (RPLS), licensed by the Texas Board of Professional Engineers and Land Surveyors (TBPELS).

B. Respondent must provide with their submission documentation demonstrating proficiency in utilizing AutoCAD software for the preparation of survey documentation.

C. Respondent must provide with their submission documentation that Respondent possess the necessary equipment and resources to accurately locate property corner markers, fences, and other relevant features within the specified area.

D. Respondent must provide with their submission a copy of a valid driver's license permitting access to government and military installations.

E. Considerations shall be placed on:

1. The firm’s qualifications, capability and credentials.

2. The specific services offered by the firm as related to TMD’s needs, including location of the entire staff working on the project with respect to the general geographic area of the projects.

3. The firm’s past and present performance and experience with similar assignments and quality of projects undertaken for other government entities, and the overall reputation of the firm.

4. The depth of proven qualifications and experience of the firm’s personnel; specifically, the project manager and surveyors.

5. Knowledge of local conditions.

6. Previous experience on government projects.

E.1.5 Acceptance Criteria

In determining the best value, TMD shall consider the following best value factors:

A. Price of the item, to include total cost of ownership, such as, but not limited to, installation costs, life cycle costs, and warranty provisions.

B. Compliance with the stated specifications coupled with the quality and reliability of the goods and services, such as, but not limited to, fitness for use that meets or exceeds Customers expectations and the characteristics of the product or service that bear on its ability to meet the stated/implied needs.

C. Delivery timeframe from receipt of purchase order, after receipt of order (ARO).

D. Indicators of probable performance under the Contract to include, but not limited to; past vendor performance; financial resources; ability, capacity, and skill to perform the Contract or provide the serviced required; experience or demonstrated capability and responsibility;

references; and the vendor’s ability to provide reliable maintenance agreements and support.

E. Other relevant factors, such as, but not limited to, the vendor’s ability to comply with laws relating to the goods or services, the vendor’s anticipated economic impact to the State or a

Page 19 of 29 OGC Approved 10/16/2021 subdivision of the State, including potential tax revenue and employment, the effect of a purchase on agency productivity, and the cost of any employee training associated with the purchase.

F. Considerations shall be placed on:

1. The firm’s qualifications, capability and credentials.

2. The specific services offered by the firm as related to TMD’s needs, including location of the entire staff working on the project with respect to the general geographic area of the projects.

3. The firm’s past and present performance and experience with similar assignments and quality of projects undertaken for other government entities, and the overall reputation of the firm.

4. The depth of proven qualifications and experience of the firm’s personnel; specifically, the project manager and surveyors.

5. Knowledge of local conditions.

6. Previous experience on government projects.

E.2 AMENDMENTS TO THE SOLICITATION

A. If this solicitation is amended, all terms and conditions, which are not modified, remain unchanged.

B. Respondents must acknowledge receipt of all amendment(s) to this solicitation by signing and returning the amendment(s), identifying the amendment number and date in the space provided for this purpose on the form for submitting a response or by letter.

C. Respondent must submit the acknowledgement to TMD by the time specified for receipt of responses.

D. Failure to acknowledge amendment(s) by Respondent may subject its response to rejection.

E.3 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF RESPONSES

A. Responses will be time stamped at the office designated in the solicitation on or before the date and time on Page 1 of this solicitation.

B. Any response received at the designated location after the specified date and time will not be considered.

C. Responses cannot be altered, amended or modified by email, fax or otherwise after closing date and time.

D. Alterations made before closing time will be initialed by Respondent or its authorized representative.

E. No responses can be withdrawn after closing date and time without approval by TMD. Should a Respondent, after closing time, request its response be withdrawn, the request must be made in writing.

F. TMD is not responsible for submissions delivered to TMD after the date and time stated on Page 1 of this solicitation. This includes delays associated with courier delivery services. It is the Respondent’s responsibility to ensure that it submits, and that TMD receives, its complete response timely. TMD

Page 20 of 29 OGC Approved 10/16/2021 recommends that Respondent submit their complete response well in advance of the due date and time stated on Page 1 of this solicitation.

G. TMD takes no responsibility for electronic responses that are captured, blocked, filtered, quarantined, or otherwise prevented from reaching the proper destination server by any TMD anti-virus or other security software.

E.4 SIGNATURES ON RESPONSE SUBMITTED

A. Responses from a partnership will be signed in the firm name by at least one general partner or in the firm name by an attorney-in-fact.

B. Responses signed by an attorney-in-fact, will include a Power of Attorney evidencing the authority to sign response, dated and executed by all partners in the firm.

C. Responses from a corporation will have the correct legal corporate name and the signature of an authorized officer of the corporation.

D. The title of office held by the person signing for the corporation will appear below the signature of the officer.

E. Responses from an individual doing business under a firm or fictitious name will be signed in the same name of the individual doing business under the proper firm name.

F. Joint venture responses will be signed by all members or by a member of the joint venture if there is attached to the response a copy of the joint venture agreement evidencing that the response is signed by the member with authority to bind the joint venture.

E.5 RESPONSE ACCEPTANCE PERIOD

A. All responses will be valid for 180 days after the solicitation opening date and will constitute an irrevocable response to TMD for the 180-day period.

B. Such period may be extended beyond the 180 days upon mutual written agreement of both parties.

E.6 CONTRACT AWARD

A written award or acceptance of Response mailed or otherwise furnished to successful Respondent(s) within the time for acceptance specified in the response will result in a binding contract without further action by either party.

E.7 TMD’S RIGHTS

A. TMD reserves the right to waive, change, add, or delete any terms or conditions of this solicitation.

B. TMD may:

1. reject any or all responses if such action is in the public interest;

2. accept other than the lowest priced response; and

3. waive minor informalities and minor irregularities in responses received.

Page 21 of 29 OGC Approved 10/16/2021

C. Waiver of deviations in any response will not constitute a modification of this solicitation and will not preclude TMD from asserting all rights against Respondent for failure to fully comply with all terms and conditions of this solicitation. Copyrighted responses are unacceptable and are subject to disqualification as non-responsive. TMD reserves the right to make any corrections or include additional requirements in the resulting contract prior to issuance which are necessary for TMD’s compliance, as an agency of the State of Texas, with all state and federal requirements. TMD reserves the right to disqualify any response which asserts any copyright on any TMD-created form which is specifically designated by this solicitation to be a form that will be completed and included in a response submitted in response to this solicitation.

D. TMD reserves the right to reject any one response or all responses or portions of responses submitted in response to this solicitation.

E. The submission of a response has the effect of waiving proprietary rights or confidentiality.

F. All responses and any content provided by the Respondent are considered the property of TMD for use for the life of any resulting contract as determined by TMD with respect to the scope of the project.

G. TMD reserves the right to use for its benefit ideas contained in the responses submitted.

H. TMD is not liable for any costs or damages that may be incurred by respondents or prospective contractors in the preparation, formulation, or presentation of a response.

I. In case of ambiguity or lack of clarity, TMD may adopt such interpretations as may be advantageous to

TMD.

J. Upon review of responses, TMD may select the Respondent’s response(s) most advantageous to TMD, in its judgment, with whom to negotiate a final definitive contract(s).

K. Such determination will be solely at the discretion of TMD. All representations made by TMD are subject to the availability of legislative appropriations and do not represent an obligation on the part of the State of Texas, or TMD.

L. TMD reserves the right to withdraw this solicitation at any time for any reason.

M. TMD reserves the right to award no contract and to solicit additional responses at a later time.

N. TMD incurs no obligation regarding this solicitation unless and until a contract is fully executed by the parties. However, all responses received by TMD will remain confidential until the evaluation process is complete.

O. TMD will not hold a public response closing event.

E.8 RESPONSE SUBMISSION INSTRUCTIONS

E.8.1 Volume One – Contract Forms and Required Response Information

This section will contain the following completed contract sections (on original forms) with original signatures, where applicable:

Page 22 of 29 OGC Approved 10/16/2021

A. Solicitation, Page 1 (with amendment(s) noted on this page or signed amendment(s) attached to this form);

B. Information Form;

C. The name and address of Respondent’s insurance carrier(s), along with a statement of liability from the carrier(s) issuing the policies saying that such policies are available to Respondent.

For the purpose of responding to this solicitation, Respondent will not be required to purchase insurance, but must show the ability to provide such insurance as specified in the section entitled “Insurance Requirements,” if Respondent’s response is selected;

D. A Redacted Solicitation and Contract response if applicable;

E. Attachment G.1, Direct Deposit Authorization Form, completed if choosing direct deposit as a possible payment option;

F. Attachment G.2, Application for Texas Identification Number;

G. Documentation from the appropriate State entity that indicates that Respondent is properly certified to conduct business in the State of Texas (e.g., The Certificate of Existence from the Texas Secretary of State and the Certificate of Account Status from the Comptroller of Public Accounts).

E.8.2 Volume Two – Information Section

A. Cover Page: List name and address of Respondent, date of response, solicitation identifier, and signature of authorized official.

B. Introduction: Clear expression of who Respondent is, to include an outline of organizational capabilities, goals, project management process approach, business process management design, other previous accolades, and a listing of all subcontractors, if any.

C. Information Sheet: Including all information required of Respondent and any subcontractors.

1. Name and address (including telephone number) of Respondent and all subcontractors.

2. Business form of Respondent (e.g., corporation, partnership).

3. Date and state of incorporation.

4. Names and addresses of principal officers, directors, or partners.

5. A résumé of key personnel who will be providing services in any resulting contract, both

Respondent and subcontractor employees. These résumés should include the percentage of time each person will dedicate to any resulting contract. The response will include key project personnel as follows:

a. Demonstrated experience in providing the services requested in this solicitation for each key project personnel.

b. Résumés for key personnel assigned to any resulting contract will include: project management experience, supervisory experience, business process experience, application languages, hardware installation abilities, software upgrade experience, programming skills/abilities, data formats for each qualifying project.

Page 23 of 29 OGC Approved 10/16/2021

1) Name

2) Title (current)

3) Education

4) Experience related to projects the staff member was directly involved:

5) Project(s) Scope

i. Role

ii. Related specific technical qualification experience

iii. Start and completion dates (must include MM/DD/20YY)

iv. Specific work to be performed or deliverables to be provided under this

Contract.

D. Respondent must identify and provide in its response a minimum of three references relating to past contracts or projects that are similar in size and scope. Respondent must provide, at a minimum, the name, email address, phone number, and title for each reference provided.

Additionally, Respondent must provide project begin and end dates, brief descriptions of deliverables, overall costs, and scope of work performed.

E. Organizational, biographical, for the Respondent and all third-party / subcontractors proposed to fulfill service requirements.

F. Respondent must specifically address, within its response, the following requests for information as detailed throughout this solicitation. TMD has endeavored to include a complete listing of such submittal requests; however, in the event TMD omitted a requirement, Respondent is responsible for ensuring that all such information is included within its response.

1. All required submittals under Section E.1.3, References

2. All required submittals under Section E.1.4, Minimum Requirements

3. All required submittals under Section E.8.1, Contract Forms and Required response

Information

4. and all required submittals under this section E.8.2, Information Section

G. Respondent is encouraged to provide a response narrative for each section and subsection, in the format in which requirements are presented, in sufficient detail to clearly demonstrate Respondent’s compliance with all requirements of this solicitation, both technical and administrative. Supplemental justification or documentation can be provided as attachments.

Respondent must ensure that all material submitted should be directly pertinent to the requirements of this solicitation and will be formatted as to the specific requirement as delineated in this solicitation.

H. Electronic and Information Resources (EIR) Accessibility. Respondent must provide documentation of the voluntary product accessibility template (VPAT) (https://www.section508.gov/sell/acr-vpat-faq/ (including accessibility conformance reports or vendor accessibility development services questionnaire as applicable) and Section 508 and EIR compliance for all components of the proposed goods or services. See TGC Chapter 2054, Subchapter M; 1 Texas Administrative Code Chapter 213; and 1 TAC Chapter 206; and WCAG

2.0 AA (current and as subsequently amended). VPAT is a vendor-generated statement (using the required template) that provides relevant information on how a vendor’s product or service claims to conform to the Section 508.

https://www.section508.gov/sell/acr-vpat-faq/ http://www.w3.org/TR/WCAG20/ http://www.w3.org/TR/WCAG20/

Page 24 of 29 OGC Approved 10/16/2021

I. Assumptions. No assumptions should be included in a response. All issues or questions that might be advanced or addressed by way of assumption should be submitted to TMD. The inclusion of assumptions in a proposal may result in a Respondent not being awarded a contract.

J. Exceptions. No exceptions should be included in a response. Respondent is encouraged, in lieu of including exceptions in its response, to address all issues that might be advanced by way of exception by submitting questions to TMD during the question-and-answer period.

Respondent must identify any exception it takes to the solicitation for which it requests approval.

For every instance where Respondent does not propose to comply or agree to a requirement or term in this solicitation, Respondent must clearly identify the specific section and language to which it takes exception, propose specific alternative language, and describe its reasoning for requesting the exception. Respondent must provide this information in the format prescribed by TMD. Respondent waives a requested exception if the exception deviates in any way from these requirements or the specific exception is not submitted with Respondent’s response. TMD will not consider any exception that does not meet these requirements, and the exception will be rejected without consideration.

A Respondent that takes any exceptions may result in its response being disqualified and deemed non-responsive to the solicitation. In this event, TMD will remove Respondent’s response from further consideration. Additionally, TMD is prohibited by law from accepting certain exceptions, such as indemnifying vendors. This is another reason why TMD strongly discourages Respondents from submitting exceptions.

If Respondent agrees to the terms of this solicitation in its entirety, Respondent should explicitly state that it takes no exceptions. If Respondent takes any exceptions, Respondent must complete the Exceptions Summary Form exhibit and follow all requirements noted in this section.

E.9 DISCUSSION AND CORRESPONDENCE

A. All communications and questions concerning this solicitation, including any of a technical nature, will be made in writing only to:

Ronald L. Bullock, Contract Administrator Texas Military Department (TMD) Procurement and Contract Services (P&CS) 2200 West 35th Street, Building 11 Austin, Texas 78703-5218 Email: Procurement@military.texas.gov

B. Written responses to the questions will then be provided to all parties requesting copies of this solicitation through TMD’s Procurement and…