SEALED PROPOSAL REQUEST FOR PROPOSAL. Professional Archaelogical Services

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1 Department of Forests, Parks & Recreation 1 National Life Drive, Davis 2 Montpelier, VT Agency of Natural Resources SEALED PROPOSAL REQUEST FOR PROPOSAL Professional Archaelogical Services ISSUE DATE: March 14, 2018 BIDDERS CONFERENCE: None Scheduled QUESTIONS DUE BY: March 21, 2018 DUE DATE and TIME: March 28, 2018, 3:00 PM Local LOCATION OF PROPOSAL OPENING: FPR Offices, 1 National Life Drive, Davis 2, Montpelier, VT (Allow extra time to pass through building security) PLEASE BE ADVISED THAT ALL NOTIFICATIONS, RELEASES, AND AMENDMENTS ASSOCIATED WITH THIS RFP WILL BE POSTED AT: THE STATE WILL MAKE NO ATTEMPT TO CONTACT VENDORS WITH UPDATED INFORMATION. IT IS THE RESPONSIBILITY OF EACH VENDOR TO PERIODICALLY CHECK ANY AND ALL NOTIFICATIONS, RELEASES AND AMENDMENTS ASSOCIATED WITH THE RFP. CONTACT: Niels Rinehart, Frank Spaulding niels.rinehart@vermont.gov; frank.spaulding@vermont.gov

2 STATE OF VERMONT DEPARTMENT OF FORESTS, PARKS, & RECREATION RFP Archaeological Services 1. OVERVIEW: 1.1. SCOPE: The State of Vermont, Department of Forests, Parks & Recreation seeks professional archaelogical services to conduct various tasks, including evaluations of ground-disturbing projects of grant recipients as well as Archaelogical Site Sensitivity studies of proposed work sites on state-owned lands BACKGROUND: Management of lands and grant activities under the jurisdiction of the Vermont Agency of Natural Resource's (ANR) Department of Forests, Parks and Recreation involves activities that may have an adverse effect on historic properties. Professional archaelogical studies will be undertaken by a qualified contractor to insure that ANR management actions and grant activities are in compliance with Section 106 National Historic Preservation Act (16USC 470); Title 22 of Vermont Statutes Annotated, Chapter 14; and Title 10 of Vermont Statutes Annotated (Act 250). The archaelogical professional will provide expert technical assistance including tasks such as desk reviews, field studies, research, problem solving, education, management recommendations, and others as requested CONTRACT PERIOD: Contracts arising from this request for proposal will be for a period of two years with an option to renew for two additional years. Proposed start date will be April 2, CONTRACT VALUE/QUANTITY: The estimated annual value of combined consulting archaeology contracts is $100,000. The annual value and quantities are estimated only based on prior usage; actual purchases may be higher or lower depending on the state s needs. Contract issuance and scheduling of work is contingent upon funding availability POINT OF CONTACT: All communications concerning this Request For Proposal (RFP) are to be addressed in to: Niels Rinehart niels.rinehart@vermont.gov with copy to Frank Spaulding frank.spaulding@vermont.gov. Niels Rinehart is the designated contact and Frank Spaulding is the alternate contact for this proposal. Actual contact with any other party or attempts by bidders to contact any other party could result in the rejection of their proposal BIDDERS CONFERENCE: Is not scheduled QUESTION AND ANSWER PERIOD: Any vendor requiring clarification of any section of this proposal or wishing to comment or take exception to any requirements or other portion of the RFP must submit specific questions in writing no later than March 21, Questions may be ed to the contact(s) designated above. Any objection to the RFP, or to any provision of the RFP, that is not raised in writing on or before the last day of the question period is waived. At the close of the question period a copy of all questions or comments and the State's responses will be posted on the State s web site Every effort will be made to have these available as soon after the question period ends, contingent on the number and complexity of the questions INSTRUCTIONS FOR BIDDERS: see Sections 5 and DETAILED REQUIREMENTS: 2.10 The consultant will accomplish the following tasks in accordance with The Vermont State Historic Preservation Office s Guidelines for Conducting Archaeology in Vermont & Appendices hereinafter referred to as the Guidelines The Scope of work for shall leading up to and including an Archaeological Resource assessment (ARA) A Phase 1 identifying study may be conducted, if the result of the ARA warrant and only after the State approves the work. (Some grant programs only fund ARA work.) A Phase 2 evaluation study may be conducted if the results of the Phase 1 warrant and only after the state approves the work. When preparing scopes of work for Phase 2 work, include budgeting provisions for a minimum of 2 collections boxes to be housed at the Vermont Archaeology Heritage Center When a request is made for a study or evaluation work to be done, consult with the specific ANR staff member or grant recipient designated as the primary contact to confirm the scope of the proposed work.

3 STATE OF VERMONT DEPARTMENT OF FORESTS, PARKS, & RECREATION RFP Archaeological Services Make use of existing GIS coverages and data, past archaelogical assessments if done in the vicinity, ANR lands inventories and management plans, and other knowledge and documents that ANR staff members and others can supply; Before conducting any field inspections, especially for determining the location of sensitive soils and evaluating past soil disturbances, make sure that ANR has approved the activity Seek permits for ground disturbing work as required by the Guidelines Develop historic contexts as needed or as requested by researching archival and contemporary historic sources of information regarding pre-contact and other historical contexts; Provide technical assistance on pre-contact sensitivity as requested; With regard to studies on ANR lands, (a) report information, including shape files of survey areas, in a format consistent with ANR's spatial data and accompanying data tables; (b) take ANR staff members along for field reconnaissance when requested; and (c) at ANR's request, take a lead role in developing and streamlining procedures for conducting reviews, including developing forms and suggesting ways that ANR staff can support reviews; Prepare reports for work done in the format requested and per guidelines set forth in section The contractor shall act in accordance with existing Memoranda of Agreement between the Department of Forests, Parks and Recreation and the State Historic Preservation Officer when the review is conducted Contractor shall execute review and reporting within agreed upon timeline. If the contractor reports lack of availability to execute field or report work for a specific project when a specific project is proposed, the state may request performance of the work from another contracted archaeologist without further penalty to the contractor. Failure of the contractor to complete work once committed may result in the state assigning that and future work to another contracted archaeologist, or even in termination of the agreement 2.11 Products and Completion Dates Provide site survey information for projects, when applicable, in the Division for Historic Preservation's database template which uses the program Access Different tasks will require different products as outlined below For grant recipients projects: A brief written report of the findings may include the following list of topics: For projects on ANR lands: Distribution of copies of reports. description of the activity to be undertaken and the study area; historic resource references used for the study; written descriptions of the findings of either a desk audit or field reconnaissance, if approved; and management recommendations for avoidance or minimization of damage to historic resources by the proposed activity For each study done and at the time it is done, provide a written report in accordance with the Guideline. In addition provide; GIS-based map if required by ANR. management recommendations for avoidance or minimization of damage to historic resources by the proposed activity For grant recipients' projects: Provide 1 digital copy of each final report on each parcel to Grants Administrator, Sherry Winnie.

4 STATE OF VERMONT DEPARTMENT OF FORESTS, PARKS, & RECREATION RFP Archaeological Services Provide 1 digital copy of each final report on each parcel to Niels Rinehart For ANR lands projects: For the designated ANR district office contact person(s), provide 1 digital copy. Provide 1 digital copy of each final report on each parcel to Niels Rinehart. 3. GENERAL REQUIREMENTS: 3.1. PRICING: Shall be in accordance with payment provisions, Attachment B, State Standard Form Contract and will detail hourly rates and burden for each category of employee AVAILABILITY: Contractor shall commence work immediately and execute review and reporting within agreed upon timeline. If the contractor reports lack of availability to execute field or report work for a specific project when a specific project is proposed, the state may request performance of the work from without further penalty to the contractor. Failure of the contractor to complete work once committed may result in the state assigning that and future work to another contracted archaeologist, or even in termination of the agreement 3.3. METHOD OF ORDERING: Work will be authorized by the primary contact person for the contract. Project descriptions and other information will be communicated directly between the contractor and the specific grant or project manager INVOICING: All invoices are to be rendered by the Contractor on the vendor's standard billhead and forwarded directly to the institution or agency ordering materials or services and shall specify the address to which payments will be sent CANCELLATION: The State specifically reserves the right to cancel the contract, or any portion thereof, if, in the opinion of its Commissioner of Buildings and General Services, the services or materials supplied by the contractor are not satisfactory or are not consistent with the terms of the contract 3.6. METHOD OF AWARD: Awards will be made in the best interest of the State. The State may award one or more contracts and reserves the right to make additional awards to other compliant bidders at any time during the first year of the contract if such award is deemed to be in the best interest of the State. All other considerations being equal, preference will be given to resident bidders of the state and/or to products raised or manufactured in the state Evaluation Criteria: The following criteria will be used by the reviewers when evaluating proposals: Proposal meets basic requirements Quality of proposal Nature and extent of relevant experience in conducting similar types of studies and performing all tasks required Knowledge, experience and capacity in database and GIS applications Hourly rates and cost estimates Ability to meet project deadlines ANR may interview all or a selection of respondents. If held, interviews will be scheduled 1-2 weeks after the submittal deadline CONFIDENTIALITY: The successful response will become part of the contract file and will become a matter of public record, as will all other responses received. If the response includes material that is considered by the bidder to be proprietary and confidential under 1 VSA, Chapter 5, the bidder shall clearly designate the material as such, explaining why such material should be considered confidential. The bidder must identify each page or section of the response that it believes is proprietary and confidential with sufficient grounds to justify each exemption from release, including the prospective harm to the competitive position of the bidder if the identified material were to be released. Under no circumstances can the entire response or price information be marked confidential. Responses so marked may not be considered CONTRACT TERMS: The selected vendors will sign a contract with the State to provide the items named in their responses, at the prices listed. Minimum support levels, terms, and conditions from this RFP, and the

5 STATE OF VERMONT DEPARTMENT OF FORESTS, PARKS, & RECREATION RFP Archaeological Services vendor s response will become part of the contract. This contract will be subject to review throughout its term. The State will consider cancellation upon discovery that a vendor is in violation of any portion of the agreement, including an inability by the vendor to provide the products, support, and/or service offered in their response DEFAULT: In case of default of the contractor, the State may procure the materials or supplies from other sources and hold the contractor responsible for any excess cost occasioned thereby, provided, that if public necessity requires the use of materials or supplies not conforming to the specifications they may be accepted and payment therefore shall be made at a proper reduction in price STATEMENT OF RIGHTS: The State of Vermont reserves the right to obtain clarification or additional information necessary to properly evaluate a proposal. Vendors may be asked to give a verbal presentation of their proposal after submission. Failure of vendor to respond to a request for additional information or clarification could result in rejection of that vendor's proposal. To secure a project that is deemed to be in the best interest of the State, the State reserves the right to accept or reject any and all proposals, in whole or in part, with or without cause, and to waive technicalities in submissions. The State also reserves the right to make purchases outside of the awarded contracts where it is deemed in the best interest of the State TAXES: Most state purchases are not subject to federal or state sales or excise taxes and must be invoiced tax free. An exemption certificate will be furnished upon request covering taxable items. The contractor agrees to pay all Vermont taxes which may be due as a result of this order. If taxes are to be applied to the purchase it will be so noted in the response ORDER OF PRECEDENCE: The order of precedence for documentation will be the State of Vermont Standard Contract Form and attachments, the proposal document and any amendments, and the vendor s response and any amendments SPECIFICATION CHANGE: Any changes or variations in the specifications must be received in writing from the Department of Forests, Parks & Recreation. Verbal instructions or written instructions from any other source are not to be considered AMENDMENTS: No changes, modifications, or amendments in the terms and conditions of this contract shall be effective unless reduced to writing, numbered, and signed by the duly authorized representative of the State and Contractor NON COLLUSION: The State of Vermont is conscious of and concerned about collusion. It should therefore be understood by all that in signing proposal and contract documents they agree that the prices quoted have been arrived at without collusion and that no prior information concerning these prices has been received from or given to a competitive company. If there is sufficient evidence to warrant investigation of the proposal/contract process by the Office of the Attorney General, all bidders should understand that this paragraph might be used as a basis for litigation. 4. VENDOR RESPONSE CONTENT AND FORMAT: The content and format requirements listed below are the minimum required for our evaluation. They are not intended to limit the content of the proposals; vendors may include additional information or offer alternative solutions which may be considered NUMBER OF COPIES: Submit one original proposal in pdf format BACKGROUND AND EXPERIENCE Detailed discussion of how your firm has the relevant project and technical experience in performing all the tasks that may be involved in the contract, and has adequate personnel and technical capacity conduct these studies, identify historic contexts, and use applicable technology. If different tasks will be carried out by different individuals, specify which individual will do which task and describe each person's relevant experience to successfully complete the task Resumes of individual(s) doing the work General description of availability to meet project deadlines in a reasonable timeframe from the date of request Responses to the following case studies regarding how you would evaluate the projects, how long it would take, and the personnel costs involved (not including mileage and travel time): Proposed installation of a 1000 SF child play structure and associated play surfacing at a developed day use area at a State Park. Proposed construction of a two-mile long, shared-use recreation trail that requires connection with existing trails in three towns. Proposed timber harvest on 100 acre compartment on a state forest Proprietary information submitted in proposals will be retained by the ANR, unless specifically

6 STATE OF VERMONT DEPARTMENT OF FORESTS, PARKS, & RECREATION RFP Archaeological Services requested otherwise REFERENCES. Provide the names, addresses, and phone numbers of at least three companies with whom you have transacted similar business in the last 12 months. You must include contact names who can talk knowledgeably about performance REPORTING REQUIREMENTS: Provide a sample of your current reporting document PRICING: Provide hourly rates of personnel involved. Include any estimated overhead charges, mileage rates, and other projects costs as separate items Provide pricing for initial 2-year contract period Provide Maximum % increase for first 12 month extension (Months 25 36) Provide Maximum % increase for second 12 month extension (Months 37 48) 5. SUBMISSION INSTRUCTIONS: 5.1. CLOSING DATE: The closing date for the receipt of proposals is January 4March 28, 20168, 3:00 PM Local The proposal opening will be held at FPR Offices, 1 National Life Drive, Davis 2, Montpelier, VT (Allow extra time to pass through building security) and is open to the public SEALED PROPOSAL INSTRUCTIONS: All proposals must be sealed and must be addressed to the State of Vermont, Vermont Department of Forests, Parks and Recreation, Agency of Natural Resources, c/o Niels Rinehart, 1 National Life Drive, Davis 2, Montpelier, VT PROPOSAL ENVELOPES MUST BE CLEARLY MARKED SEALED PROPOSAL AND SHOW THE PROPOSAL TITLE, OPENING DATE AND NAME OF BIDDER All bidders are hereby notified that sealed proposals must be received and time stamped by the Department of Forests, Parks & Recreation located at Vermont Department of Forests, Parks and Recreation, Agency of Natural Resources, 1 National Life Drive, Davis 2, Montpelier, VT 05620, by the time of the bid opening. Proposals not in possession of the Department of Forests, Parks & Recreation at the time of the proposal opening will be returned to the vendor, and will not be considered Department of Forests, Parks & Recreation may, for cause, change the date and/or time of proposal openings or issue an addendum. If a change is made, the State will make a reasonable effort to inform all bidders by posting at: All proposals will be publically opened. Typically, the Department of Forests, Parks & Recreation will open the proposal, read the name and address of the bidder, and read the proposal amount. However, the Department of Forests, Parks & Recreation reserves the right to limit the information disclosed at the proposal opening to the name and address of the bidder when, in its sole discretion, the Department of Forests, Parks & Recreation determines that the nature, type, or size of the proposal is such that the Department of Forests, Parks & Recreation cannot immediately (at the opening) determine that the proposals are in compliance with the RFP. As such, there will be cases in which the proposal amount will not be read at the proposal opening. Proposal openings are open to members of the public. Proposal results are a public record however, the proposal results are exempt from disclosure to the public until the award has been made and the contract is executed DELIVERY METHODS: U.S. MAIL: Bidders are cautioned that it is their responsibility to originate the mailing of proposals in sufficient time to ensure proposals are received and time stamped by the Department of Forests, Parks & Recreation prior to the time of the proposal opening. Mail should be sent to: Vermont Department of Forests, Parks and Recreation, Agency of Natural Resources, c/o Niels Rinehart, 1 National Life Drive, Davis 2, Montpelier, VT EXPRESS DELIVERY: If proposals are being sent via an express delivery service, be certain that the RFP designation is clearly shown on the outside of the delivery envelope or box. Express delivery packages will not be considered received by the State until the express delivery package has been received and time stamped by the Department of Forests, Parks & Recreation. Express delivery should be sent to: Express delivery should be sent to: Vermont Department of Forests, Parks and Recreation, Agency of Natural Resources, c/o Niels Rinehart, 1 National Life Drive, Davis 2, Montpelier, VT HAND DELIVERY: Hand carried proposals shall be delivered to a representative of the Department of Forests, Parks & Recreation prior to the proposal opening. Hand delivery should be made to: FPR Offices, c/o Niels Rinehart, 1 National Life Drive, Davis 2, Montpelier, VT (Allow extra time to pass through building security)

7 STATE OF VERMONT DEPARTMENT OF FORESTS, PARKS, & RECREATION RFP Archaeological Services ELECTRONIC: Electronically submitted proposals can be accepted. Submit any electronic proposals to submissions cannot be considered confidential. 6. FAX PROPOSALS: FAXED proposals will not be accepted. 7. ATTACHMENTS: 7.1. Attachment C: Standard State Provisions for Contracts & Grants (December 15, 2017) 7.2. Sample Contract and Amendment

8 Contract # Vermont Department of Forests, Parks & Recreation SFA - STANDARD CONTRACT Agency of Natural Resources 1. Parties: This is a contract for personal services between the State of Vermont, Department of Forests, Parks & Recreation (hereinafter called State ), and Contractor Name with principal place of business at Contractor Address (hereafter called Contractor). Contractor s form of business organization is a Form of Business from W-9 (LLC, Corporation, Sole Proprietor, etc). It is the Contractor s responsibility to contact the Vermont Department of Taxes to determine if, by law, the Contractor is required to have a Vermont Department of Taxes Business Account Number. Contractor certifies under the pains and penalties of perjury that, as of the date that this agreement is signed, the contractor is in good standing with respect to, or in full compliance with, a plan to pay any and all taxes due the State of Vermont. 2. Subject Matter: The subject matter of this contract is personal services generally on the subject of PROJECT DESCRIPTION AND LOCATION. Detailed services to be provided by the contractor are described in Attachment A. 3. Maximum Amount: In consideration of the services to be performed by Contractor, the State agrees to pay Contractor, in accordance with the payment provisions specified in Attachment B, a sum not to exceed $ Maximum Limiting Amount. 4. Contract Term: The period of contractor s performance shall begin on Date and end on Date. 5. Prior Approvals: If approval by the Attorney General s Office or the Secretary of Administration is required, (under current law, bulletins, and interpretations), neither this contract nor any amendment to it is binding until it has been approved by either or both such persons. - Approval by the Attorney General s Office is/is not required. - Approval by the Secretary of Administration is/is not required. - Approval by the CIO/Commissioner DII is/is not required. 6. Amendment: No changes, modifications, or amendments in the terms and conditions of this contract shall be effective unless reduced to writing, numbered and signed by the duly authorized representative of the State and Contractor. 7. Cancellation: This contract may be canceled by either party by giving written notice at least 7 days in advance. 8. Attachments: This contract consists of # pages including the following attachments which are incorporated herein: Attachment A Specifications of Work to be Performed Attachment B Payment Provisions & Budget Attachment C Standard Contract Provisions for Contracts and Grants Attachment D As Needed Attachment E As Needed Page 1 of 4

9 Contract # 9. Order of Precedence: Any ambiguity, conflict or inconsistency in the Contract Documents shall be resolved according to the following order of precedence: (1) Standard Contract (2) Attachment C - Standard Contract Provisions for Contracts and Grants (3) Attachment D As Needed (4) Attachment A (5) List other attachments in order of precedence (6) Attachment B WE, THE UNDERSIGNED PARTIES, AGREE TO BE BOUND BY THIS CONTRACT. STATE OF VERMONT CONTRACTOR By: By: Michael C. Snyder, Commissioner Department of Forests, Parks & Recreation Date: Name: (Print) Title: Date: Page 2 of 4

10 ATTACHMENT A SPECIFICATIONS OF WORK TO BE PERFORMED Contract # The Contractor agrees to complete the project described below in accordance with specifications and conditions set forth herein, 1. Project Location: ADDRESS, Vermont. 2. Project Description: Contractor to provide PROJECT DESCRIPTION AND LOCATION, and in accordance with this and Attachments B, C, D and (cont.), and as directed by the Department of Forests, Parks and Recreation. 3. The work on the project shall begin on Date and shall be completed by Date. DETAILED SCOPE OF WORK WILL BE ATTACHED HERE INCLUDING RELEVANT MATERIAL FROM THE BID PACKAGE. Page 3 of 4

11 ATTACHMENT B PAYMENT PROVISIONS & BUDGET Contract # The State shall pay contractor as follows: 1. Upon completion and acceptance of the work by the state the contractor shall submit invoices no more frequently than once per month, detailing the work performed and charges for amount(s) not to exceed $ CONTRACT AMOUNT in accordance with the following rate schedule. (type in rate schedule below or use the following alternate language) in accordance with the rates on the payment schedule incorporated in this contract as Attachment (D,E, or F). OR 1. Upon completion of and acceptance of the work by the state of Vermont the Contractor may submit an invoice for a lump sum amount not to exceed CONTRACT AMOUNT. 2. Progress payments can be made but must be invoiced for no more than the completed portion of work, and subject to verification by the State. Progress payment for materials purchased and stored at Contractor s premises can be made subject to inspection of the state, verification of payment to the supplier and proof of insurance against loss by the Contractor. 3. In the event of progress payments, the Contractor agrees to a 10% retainage of each invoiced amount, which may be retained subject to review, approval and acceptance of Contractor's final report by the State. Retainage will be released once a release request is submitted by the Contractor and approved by the State. 4. If the work described in any invoice as provided by the contractor, has not been completed to the satisfaction of the State, as determined by the project manager, the State reserves the right to withhold payment until the invoiced work has been satisfactorily completed. Overdue balances resulting from non-payment for unsatisfactory work will not be subject to interest or finance charges. 5. Pre-award costs are allowable under this agreement as determined by the Contract Manager and as related to scope of work in Attachment A. 6. The State shall not be responsible for any other expenses of the Contractor. 7. Contractor will submit all invoices to the State s Project Manager: Name 8. Invoices shall be addressed to: Vermont Department of Forests, Parks and Recreation ATTN: Financial Manager 1 National Life Drive, Davis 2 Montpelier, VT Payment Terms for this contract will be net 30 from date of invoice in accordance with State of Vermont Finance and Management Policy #5.0 Dated June Page 4 of 4

12 Contract # Amendment # Vermont Department of Forests, Parks & Recreation Agency of Natural Resources STANDARD CONTRACT AMENDMENT 1. Parties: This is an Amendment for Contract ####### for services between the State of Vermont, Department of Forests, Parks & Recreation (hereinafter called State ), and CONTRACTOR NAME, (hereinafter called Contractor ). This is the FIRST, SECOND etc change. 2. Taxes: Party certifies under the pains and penalties of perjury that, as of the date that the amendment to the Agreement is signed, the Party is in good standing with respect to, or in full compliance with, a plan to pay any and all taxes due the State of Vermont. 3. Reason for Amendment: The reason for this amendment is to Provide specific and detailed reasons for the change to the contract. 4. Change: Page 1, #4 Maximum Amount: Delete: $ ##,###.## Insert: $ ##,###.## Page 1, #4 Contract Term: Delete: DATE Insert: DATE Page 2, Attachment A: Detail what should be deleted and what should be added to the contract 5. Amendment: All other terms and conditions of the original contract remain in full force and effect. No other changes, modification or amendments in the terms and conditions of this contract shall be effective unless reduced to writing, numbered, and signed by the duly authorized representative of the State and Contractor. WE, THE UNDERSIGNED PARTIES, AGREE TO BE BOUND BY THIS CONTRACT. STATE OF VERMONT CONTRACTOR By: By: Michael C. Snyder, Commissioner Department of Forests, Parks & Recreation Date: Name: (Print) Title: Date: 1 of 1