01 RFP for Environmental Surveys.pdf

Revised February 2026

REQUEST FOR PROPOSALS

for

ENVIRONMENTAL SURVEYS

PROJECT NO. 26-704A

ISSUED AUGUST 2026

Proposal Submission Deadline:

Thursday, September 10, 2026, at 3:00 PM

Port of Corpus Christi Authority

TABLE OF CONTENTS

SECTION 1 NOTICE OF SOLICITATION

SECTION 2 PROJECT OVERVIEW

SECTION 3 PROPOSED TIMELINE FOR CONTRACT AWARD

SECTION 4 INSTRUCTIONS TO PROPOSERS

SECTION 5 REQUIRED PROPOSAL CONTENT, EVALUATION AND AWARD

SECTION 6 SCOPE OF WORK

SECTION 7 INSURANCE REQUIREMENTS

LIST OF EXHIBITS

EXHIBIT A PCCA’s PROPOSED FEE TABLE

EXHIBIT B CONFLICT OF INTEREST QUESTIONNAIRE

EXHIBIT C CONSULTING SERVICES CONTRACT

EXHIBIT D LOCAL PREFERENCE PROGRAM ACKNOWLEDGEMENT FORM

EXHIBIT E WORK ORDER

EXHIBIT F GEOSPATIAL DATA FORMATS & FILE DELIVERABLES

EXHIBIT G ALTERNATIVES ANALYSIS SECTIONS

EXHIBIT H PERMIT DRAWING REQUIREMENTS

EXHIBIT I PERMIT APPLICATION SECTIONS

EXHIBIT J NEPA EA SECTIONS

Request for Proposals for Environmental Surveys Section 1 1 | P a g e

SECTION 1

NOTICE OF SOLICITATION

The Port of Corpus Christi Authority (“PCCA”) is requesting proposals from qualified firms or teams interested in providing services to PCCA for Environmental Surveys.

If you are interested in providing on-call environmental consulting services to the PCCA the complete Request for Proposal (RFP) may be obtained at the PCCA’s procurement website (https://pocca.procureware.com). Proposers must register on the PCCA’s procurement website in order to access the RFP.

A pre-proposal meeting is scheduled at 1:30 PM on Thursday, September 3, 2026, at the Ortiz International Center located at 402 Charles Zahn, Jr. Drive, Corpus Christi, Texas 78401. For virtual access to the meeting, login information will be published prior to the meeting date/time.

In order to be considered, Proposals must be received electronically at PCCA’s procurement website (https://pocca.procureware.com), addressed to the Port of Corpus Christi Authority, Attn:

Melinda Licon, Manager of Procurement Services, 400 Charles Zahn, Jr. Drive, Corpus Christi, Texas 78401, no later than 3:00 PM on Thursday, September 10, 2026 (the “Deadline”). Proposals received after the deadline will not be considered. Proposals may not be faxed or emailed to PCCA office. PCCA reserves the right to reject any or all Proposals received.

Proposers must not attempt to contact staff members, Commissioners, or agents of PCCA associated with this RFP to discuss or ask questions about the contents of the RFP other than in writing as provided above. Any such contact may result in disqualification of the Proposer.

BY AUTHORITY OF THE PORT COMMISSION

OF THE PORT OF CORPUS CHRISTI AUTHORITY

OF NUECES COUNTY, TEXAS

https://pocca.procureware.com/

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SECTION 2

PROJECT OVERVIEW

The Port of Corpus Christi Authority (“PCCA”), a navigation district and political subdivision of the State of Texas, which is located in San Patricio and Nueces County and exercises jurisdiction over PCCA owned lands and waterways, is requesting Proposals for Environmental Surveys.

The selected consultant(s) will provide consulting services on an as-needed basis at the prescribed rates listed in Exhibit A for the completion of environmental surveys and reports and the development of permitting strategies, plans, and applications related to different PCCA owned locations.

PCCA developed a blended rate for all services detailed in the Scope of Work in Exhibit A. Work requested by PCCA will adhere to the relative rate for the respective task. Prior to issuing a Work Order under this contract, PCCA and Consultant will negotiate units (acres or hours) required to accomplish the requested work. The Work Order fee will be determined by multiplying the agreed upon units by the blended task rate for each requested task. For a project using an acre unit, the acreage for a site will be agreed upon by both PCCA and Consultant based on site constraints and potential survey buffers. Costs for the acreage unit are additive based on the size of the survey area. The first-tier cost is applicable for a site up to 10 acres; sites exceeding 10 acres but less than 50 acres will use the 10-acre unit cost for the first 10 acres and the 10-50 acre unit cost for the subsequent acreage. Sites that exceed 50 acres will follow a similar process with the subsequent tiers.

The successful response to the RFP must:

• Demonstrate qualifications, relevant experience, and references for similar projects within the past five (5) years

• Demonstrate that adequate and qualified staff are available to perform work

• Demonstrate experience in the areas of aquatic survey and wetland assessments, U.S. Army

Corps of Engineers (USACE) jurisdictional determinations, cultural resources research and coordination, alternatives analysis assessment and reporting, endangered species evaluation, USACE permit drawing preparation, USACE individual permit application preparation, USACE nationwide permit pre-construction notification preparation, Resource Agency coordination, permit strategy development, USACE permittee responsible mitigation plan development, wetland/marsh/oyster habitat creation, USACE mitigation monitoring and reporting, NEPA EA document preparation and other similar environmental tasks.

End of Section

Section 3 3 | P a g e

SECTION 3

PROPOSED TIMELINE FOR CONTRACT AWARD

• Monday, August 24, 2026 Request for Proposals issued

• Thursday, September 3, 2026 Pre-Proposal Meeting

• Wednesday, September 9, 2026 Deadline for Questions

• Thursday, September 10, 2026 Deadline for Submission of Proposal

• September 14 – September 18, 2026 Evaluation of Proposals Consultant

Interviews (at PCCA discretion)

• Tuesday, October 20, 2026 Presentation to Port Commission for Award

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SECTION 4

INSTRUCTIONS TO PROPOSERS

4.01 Examination of RFP Documents

By submitting a proposal, the Proposer represents that this RFP and any applicable Addenda has been examined, that the Proposer has become familiar with the work required, and that the responding Proposer is capable of performing quality work to successfully achieve the objectives of PCCA.

4.02 Questions and/or Inquiries and PCCA Contact Restrictions

Questions and/or inquiries regarding this RFP shall be submitted online to the PCCA procurement website (https://pocca.procureware.com/home) and will be responded to via the same website. PCCA responses to questions and inquiries will be available to all registered Proposers via the PCCA procurement website. Proposers may only rely upon written information provided by PCCA to questions or inquiries on the PCCA procurement website. Proposers may not rely upon, nor is PCCA responsible for, any oral information or instructions provided in reference to the RFP.

Proposers must not attempt to contact staff members, Port Commissioners, or agents of PCCA associated with this RFP to discuss or ask questions about the contents of the RFP, other than in writing as provided above. Any such contact may result in disqualification of the Proposer. To the extent that a Proposer relies upon information obtained from third parties and/or outside of the formal process described above, the Proposer does so at its own risk.

4.03 Addenda

If any inquiries or questions, in the opinion of PCCA, warrant a modification to this RFP, a written Addendum will be prepared and posted, as described below, and may not result in a direct response to an inquiry or question.

In addition, PCCA may make changes, additions, or deletions to the requirements in this RFP prior the submittal date. Any modification will be made by written addendum. Each addendum to this RFP will be posted on the PCCA procurement website (https://pocca.procureware.com/home). PCCA will not be bound to any modifications or deviations from the requirements set forth in this RFP as the result of oral instructions.

Proposers submitting a Proposal shall acknowledge receipt of addenda in their submittal.

Failure to acknowledge receipt of all addenda may cause a Proposal to be deemed non-responsive. Proposers will be solely responsible for ensuring that all addenda have been received, acknowledged, and incorporated into the submitted Proposal.

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4.04 Pre-Proposal Meeting

A pre-proposal meeting is scheduled at 1:30 PM, Thursday, September 3, 2026, at the Ortiz International Center located at 402 Charles Zahn, Jr. Drive, Corpus Christi, Texas 78401.

For virtual access to the meeting, login information will be published prior to the meeting date/time.

4.05 Submission of Proposals

PCCA intends to select a qualified firm or team to provide services for the project identified in this RFP; however, Port operations and the business environment are subject to change, and PCCA reserves the right to delay or not award a contract for this project should such action be in the best interest of PCCA.

Proposer must provide a clear and concise proposal that meets all outlined criteria as listed in Section 5.01. Each section must be clearly labeled to meet the evaluation criteria. Failure to provide a response to meet all criteria listed in the RFP may result in your submission being deemed non-responsive.

In addition, PCCA may modify, expand, or reduce the scope of work to meet operational or budgetary needs.

A. Date and Time of Submission: Proposal must be received electronically on the procurement website (https://pocca.procureware.com/home) by 3:00 PM on Thursday, September 10, 2026.

B. It is the Proposer’s sole responsibility to ensure that the Proposal is delivered in the manner addressed in this RFP by the due date and time. PCCA has the right to reject any Proposals not properly delivered and will not be responsible for any electronic files submitted that do not transmit or experience issues when accessed or downloaded.

C. Acceptance of Proposal:

1. PCCA reserves the right to accept or reject any or all proposals, waive any informalities or irregularities in the Proposal, request additional information or revisions to the Proposal, and to negotiate with any or all Proposers in accordance with Section 5.06 of this RFP.

2. PCCA reserves the right to withdraw this RFP at any time without prior notice, and PCCA makes no representation that a contract will be awarded to any Proposer responding to this RFP.

3. PCCA reserves the right to issue a new RFP for any or all work listed herein.

https://pocca.procureware.com/home

Section 4 6 | P a g e

3. PCCA reserves the right to issue a new RFP for any or all work listed herein.

4. Proposal submitted are not to be copyrighted.

5. PCCA reserves the right to require confirmation of information furnished by any Proposer and/or request any Proposer to provide additional evidence of qualifications to successfully perform the work.

4.06 Confidential Status and Disclosure of Proposal Contents

As a political subdivision of the State of Texas, PCCA is subject to the Texas Public Information Act (“the Act”), Chapter 552 of the Texas Government Code, and has no authority to enter into a confidentiality agreement in contravention of the Act in response to any public information requests under the Act that are submitted during the RFP process.

PCCA shall deem and argue to the Texas Attorney General that all Proposal submitted in response to the RFP are confidential under the Act; however, once the RFP process has concluded, this exception will no longer apply.

Proposers should be aware that the Texas Attorney General may determine that full or partial disclosure is required for information deemed to be confidential or proprietary by a Proposer. It is the sole obligation of the Proposer to advocate for the confidential or proprietary nature of any information provided in or along with its Proposal. PCCA shall not advocate for the confidentiality of the statement’s material to the Texas Attorney General or to any other person or entity. PCCA shall, pursuant to the Act, make a good faith effort to notify the Proposer, upon receipt of any public information request involving a submitted Proposal after the conclusion of the RFP process.

For any such request, the Proposer will be responsible for submitting written justification to the Texas Attorney General detailing why particular information should be withheld, such as the exception applicable to certain commercial information. In order to protect its ability to claim exemption from the release of information contained in a submitted Proposal, the Proposer should clearly designate within its Proposal and accompanying materials any information that it believes to be exempt from disclosure and provide legal justification for each instance. Confidential information should be easily separable from the remainder of the RFP. Marking the entire Proposal as Confidential is not acceptable.

By submitting a Proposal, the Proposer acknowledges its understanding and agreement that PCCA shall have no liability to the Proposer or any other person or entity for any disclosure of information made in accordance with the Act.

Further, publicity or news releases pertaining to the RFP, responses to this RFP, or discussions of any kind related to the RFP, or response documents may not be released without prior written approval of PCCA.

This section applies regardless of whether a contract is awarded as a result of this RFP.

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4.07 Pre-Contractual Expenses

PCCA shall not, in any event, be liable for any pre-contractual expense incurred by Proposers in the preparation of its Proposal. Pre-contractual expenses are defined as expenses incurred by Proposer in:

A. Preparing its Proposal in response to this RFP.

B. Submitting its Proposal to PCCA.

C. Negotiating with PCCA on any matter related to a submitted Proposal.

D. Any other expenses incurred by Proposer prior to the date of award of an agreement resulting from this RFP.

4.08 Conflict of Interest

The Proposer is required to complete a Conflict of Interest Questionnaire (Form CIQ) attached as Exhibit B and submit it within the Proposal if the Proposer has:

A. Any employment or other business relationship with any employee of PCCA.

B. Given any gifts or services of more than $100 in aggregate value to any employee or relative of an employee of PCCA within the preceding 12-month period.

4.09 Texas Ethics Commission Rules

The successful Proposer will be required to comply with the provisions of Section

2252.908 of the Texas Government Code and Chapter 46 of the Texas Ethics Commission Rules by preparing and submitting Texas Form 1295, “Certificate of Interested Parties” and submitting the signed form to PCCA at the time the contract is executed for any agreement that requires Approval of the Port Commission. The successful Proposer will be required to submit the Texas Form 1295 using PCCA provided project number and description in Box 3 on the form.

Information on Form 1295 and associated code and rules can be found at:

https://www.ethics.state.tx.us

4.10 Agreement

PCCA will enter into an Agreement with the selected Proposer. A sample PCCA Consulting Services Contract is included in Exhibit C.

The entire RFP document, technical specifications, technical drawings, addenda (if any), Proposer proposal and response document(s) and the executed agreement between PCCA

Section 4 8 | P a g e and Proposer shall constitute the entire contract and agreement. All work shall be performed in accordance with these documents for the duration of the Contract.

Section 5 9 | P a g e

SECTION 5

PROPOSAL, EVALUATION AND AWARD

5.01 Proposal Content

Proposals should not include any unnecessarily elaborate promotional material. Lengthy narrative is discouraged, and proposals should be brief, clear, and concise. Proposers are encouraged to limit the submittals to less than 20 pages, excluding resumes, cover page, table of contents, letter of transmittal, and subconsultant letters.

A. Letter of Transmittal.

Shall not exceed two pages and at a minimum contain the following information:

1. A brief profile of the Proposer organization, including the types of services offered; the year founded; form of the organization (corporation, partnership, or sole proprietorship); number, size, and location of offices;

total number of employees; and the names of all owners, if the organization is not a public company.

2. Identification of Proposer who will have contractual responsibility with the

Port Authority. Identification shall include legal name of company, corporate address, telephone number and email address of the Proposer’s contact person.

3. Proposed working relationship between Proposer and subconsultants, if applicable.

4. Acknowledgement of receipt of all addenda, if any.

B. Appendices

Appendices, resumes, subconsultant letters, and information considered by the Proposer to be pertinent to this RFP and has not been specifically solicited in any of the foregoing sections may be placed in a separate appendix section. Appendices shall be relevant and brief and may contain the following information:

1. The Proposer should provide resumes only for proposed project managers and key personnel. The Proposer can also include brief biographies of other support personnel where such information may be relevant to the successful completion of the required services. Resume are limited to two pages per each person identified.

Section 5 10 | P a g e

2. If the Proposer will engage subconsultants to assist with specific projects, provide a letter from each subconsultant that includes the company name, address, contact person, telephone number, and project function, a statement authorizing the use of the subconsultant’s name in the Proposal, and description of the service to be provided. These letters are limited to two pages per subconsultant.

3. Additional information. If the Proposer desires to include additional information considered to be material to the RFP, such information may be provided in a brief appendix. The Proposer is advised that lengthy marketing brochures, descriptions, company histories, or similar material will not be evaluated and considered as part of the selection process.

5.02 Technical Proposal

A. Qualifications, Relevant Experience and References. This section of the proposal shall establish the ability of the Proposer to satisfactorily perform the required work

The Proposer shall:

1. Provide a brief profile of the Firm, including the types of services offered;

the year founded; form of the organization (corporation, partnership, or sole proprietorship); number, size and location of offices; total number of employees; and the names of all owners, if the Firm is not a public company;

2. Describe the Firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to the Port Authority;

3. Give a brief history of the Proposer’s experience in environmental surveys;

4. The Proposer should provide sufficient information to demonstrate a successful track record of simulation modeling and analysis of vessel traffic in deep water navigation ports, and any other relevant information to demonstrate Proposer’s expertise;

5. Describe specialized training, experience and professional competence in the area directly related to this RFP;

6. Should the Proposer engage subcontractors to assist with the required services, Proposer shall identify these subcontractors, if any, by company name, address, contact person, telephone number and project function, if applicable. The list should include a summary of the roles and responsibilities of each subcontractor; and, Section 5 11 | P a g e

7. Provide a minimum of three (3) references for completed work similar to that in scope of work contained in this RFP. Furnish the contact name, title, address and telephone number of the person at each client agency/organization who is most knowledgeable about the work performed. The Port Authority, in its sole discretion, reserves the right to request additional references, to contact and verify all references, and to request additional supporting information from the proposer as the Port Authority deems necessary or appropriate.

B. Proposed Team and Organization. This section of the proposal shall establish the adequacy and experience of the Proposer’s staff (including subcontractors) to provide the requested services, as well as to identify the experience of key personnel who will be assigned to the project. The Proposer shall:

1. Identify the proposed Project Manager for the required modeling and analysis services. Furnish brief resume (two pages maximum) of the proposed Project Manager, including the education, training, experience and applicable professional credentials of the proposed Project Manager.

State where the Project Manager and other management staff for the project will be located;

2. Identify the proposed key personnel (including subcontractors) for the required modeling and analysis services. Furnish brief resumes (two pages maximum) of the key personnel, including the education, training, experience and applicable professional licenses and credentials. These resumes should include summaries of environmental surveys provided by the key personnel during the prior five (5) years;

3. Include a statement that key personnel will be available for the duration of the required services, and acknowledging that no person designated as “key” shall be removed or replaced without the prior written concurrence of the Port Authority. State where the management staff for the project will be located;

4. Provide an organizational chart for the key personnel (including subcontractors) and delineate the lines of communication between them.

Indicate the minimum qualifications for supervisory personnel;

5. Provide a letter from each subcontractor authorizing the use of its name in the Proposal and describing the role it has agreed to play in delivering the services specified in the Scope of Work; and, C. Detailed Work Plan. The Proposer shall provide a narrative addressing the Scope of Work and demonstrating the Proposer’s understanding of the Port Authority’s needs and requirements. The Proposer’s work plan should provide the Port

Section 5 12 | P a g e

Authority with an understanding of the Proposer’s comprehensive knowledge of and approach to simulation modeling and analysis services. The Proposer shall:

1. Describe the proposed approach and work plan for completing the services specified in the Scope of Work. The description of the proposed approach shall discuss the services in sufficient detail to demonstrate the Proposer’s ability to accomplish the Port Authority’s objectives; and,

2. Describe approach to managing resources, including a description of the role(s) of any subcontractors, if applicable, their specific responsibilities, and how their work will be supervised. Identify methods that Proposer will use to ensure quality, budget, and schedule control.

D. Quality Assurance and Control. This section of the Proposer’s response to the RFP should provide the Port Authority with an understanding of the Proposer’s quality assurance and control program. The Proposer shall:

1. Include any policies and procedures that Proposer will use to ensure quality assurance and control covering the required work.

2. Identify positions and provide descriptions for personnel responsible for quality assurance and control; and,

3. Describe how quality assurance and control activities are documented and reviewed with senior staff.

E. Fee Proposal. This section of the Proposer’s response will state whether the Proposer accepts the PCCA’s fees for services provided in Exhibit A, PCCA’s Proposed Fee Table. Exceptions and Deviations. State any exceptions or deviations from the requirements of this RFP. Where the Proposer wishes to propose alternative approaches to meeting the Port Authority’s requirements, these shall be thoroughly explained.

5.03 Evaluation Process

A. First, PCCA will evaluate, rank, and score the Respondents, based on the proposal(s) submitted, which shall demonstrate competence, qualifications, experience, and pricing for Environmental Surveys. All responsive proposals will be examined, evaluated, ranked and scored by an Evaluation Committee.

B. Proposal(s) that do not conform to the instructions or which do not address all the services as specified may be eliminated from consideration; however, PCCA reserves the right to accept proposal(s) if it is determined to be in the best interest of PCCA.

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C. While PCCA appreciates a brief, straightforward, concise reply, the proposer must fully understand that the evaluation is based on the totality of information provided.

Accuracy, organization, and completeness are essential. Omissions, ambiguous and equivocal statements may be construed against the Respondent. The submitted proposal may be incorporated into any contract which results from this procurement packet, and respondents are cautioned not to make claims or statements it is not prepared to commit to contractually. Failure of the Respondent to meet such claims will result in a requirement that the respondent provide resources necessary to meet submitted claims, without extending an additional cost to PCCA.

D. PCCA Compliance & Assurance Department may initiate discussions with selected

Respondents; however, Respondents may not initiate discussions. Respondents shall not contact any PCCA personnel during the procurement process without the express permission from PCCA Compliance & Assurance Department. PCCA Compliance & Assurance Department may disqualify any Respondent who has made visits and/or contacted PCCA personnel or distributed any literature without authorization from PCCA Compliance & Assurance Department.

E. All correspondence relating to this procurement from the advertisement to the award shall be sent to PCCA Compliance & Assurance Department. PCCA Compliance & Assurance staff shall coordinate all presentations and/or meetings between PCCA and the Respondent(s) relating to this solicitation.

F. Selected Respondents may be expected to make a presentation and demonstration to the Evaluation Committee. In addition to a presentation, Respondents may be expected to make a presentation and demonstration to the Port Commissioners.

Respondent’s RFP, presentations and evaluations may develop into negotiating sessions with Respondent(s) as selected by the Evaluation Committee.

5.04 Comparative Evaluation Criteria

The following criteria will be applied to those proposals which have met the minimum requirements:

A. Proposed Cost and Fees – 30 points

1. The fee proposal should contain commitment to rates set forth (preferred) or a detailed alternate proposal for consideration.

2. The proposer shall clearly itemize and provide a list of all fees to cover the requested scope of work and deliverables. The proposer shall also provide an hourly rate for any additional work which is not included in the scope of work.

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3. It is not the intent of PCCA to limit innovative solutions by dollar constraints, but rather to determine which proposal has the potential of providing the best value for the services required.

B. Qualifications, Relevant Experience, Proposed Team and Organization &

References – 30 points

1. This section of the proposal shall establish the ability of the Proposer to satisfactorily perform the required work by citing experience in performing work of a similar nature and complexity to the Scope of Work shown in Section 6 of this RFP; proven competence in the services to be provided;

strength and stability of the firm; staffing capability; current workload; track record of meeting schedules on similar system implementations and supportive client references.

2. This section of the Proposal shall also establish the adequacy and experience of the Proposer’s staff (including subconsultants) to provide the requested services, as well as to identify and describe the experience of key personnel who will be assigned to the project.

C. Technical Approach, Detailed Work Plan & Quality Assurance and Control

Program – 30 points

1. The Proposer shall demonstrate the Proposer’s understanding of PCCA’s needs and requirements of a (insert project name) and its capabilities and provide a work plan to exhibit the Proposer’s comprehensive knowledge of and approach to conducting a strategic solution to meet or exceed the requested scope of work.

2. This section of the Proposer’s response to the RFP should also provide

PCCA with a detailed explanation of the Proposer’s Quality Assurance and Control Program. The Proposer should demonstrate and present the information in a concise, efficient, and effective manner while adequately addressing the selection criteria.

D. Local Preference Program – 10 points

This category will be scored on the basis of the Local Preference Program Acknowledgement Form, attached as Exhibit D submitted with this proposal.

1. To be considered for Local Preference points five (5) points to Respondents that are Local Businesses and an additional five (5) points to respondents that are headquartered in the Local Area; and

2. Joint Venture responses to be considered for Local Preference points, at least one of the entities must be a Local Business; and allocation of points

Section 5 15 | P a g e for joint ventures shall be determined by the percentage of ownership by a Local Business(es).

3. Local Area means Nueces and San Patricio Counties

4. Local Business means a business that is either: (1) headquartered in the

Local Area; or (2) has an established place or places of business in the Local Area where members of the entity’s workforce are regularly based.

5. Headquartered means the place where a business entity’s officers are located and from which the officers direct, control and coordinate the entity’s activities.

5.05 Negotiation Process

The committee will determine whether acceptance of the most favorable initial proposal without discussion is appropriate, or whether interviews and/or discussions should be conducted with Proposers that fall within the competitive range.

A. Negotiations

PCCA reserves the right to negotiate directly with the highest ranked Proposer or with each Proposer whose proposal falls within the overall competitive range. Each Proposer remaining within the overall competitive range at the close of negotiations may be allowed to submit a final supplement called a “best and final offer.” PCCA reserves the right to negotiate all elements that comprise the successful Proposer’s response to ensure that the best possible consideration be afforded to all concerned.

B. Best and Final Offer (BAFO)

1. All Proposers that submit best and final offers will be evaluated by the committee, or designated committee members, based upon those best and final offers.

2. PCCA expects to conduct negotiations with Proposer’s representatives authorized to contractually obligate the respondent with an offer.

3. If Respondent is unable to agree to contract terms and conditions, PCCA reserves the right to terminate contract negotiations with that respondent and initiate negotiations with the next Respondent. The contract will be awarded to that responsible offeror(s) whose offer, conforming to the solicitation, offers Best Value to PCCA, price and other factors considered.

4. After negotiation of terms, staff will present its recommendation to the Port

Commission for the most advantageous for recommendation shall be presented to Commissioners’ for consideration and approval of award of the

Section 5 16 | P a g e contract. The Port Commission reserve the right to accept a waiver if a Respondent does not meet all competencies, qualifications, and/or experience.

5. No award can be made until approved by Port Commission. Neither

RFP, the Respondent’s presentation, nor an evaluation by the Evaluation Committee obligate PCCA to award a contract for the services. Progress toward this end is solely at the discretion of PCCA and may be terminated at any time prior to execution of an agreement.

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SECTION 6

SCOPE OF WORK

6.01 Scope of Work

On an as needed basis, the selected Consultant will provide consulting services for a two-year period from the time of award. PCCA and the U.S. Army Corps of Engineers (USACE) are actively engaged in a 214 Agreement under WRDA; therefore, services in this section will be submitted under that agreement to the assigned USACE Project Manager, with the prioritization defined by PCCA. The services in this section will be on an as-needed basis. Given that a single project may require one or more services below, PCCA will submit a work order as provided in Exhibit E to the selected Consultant. The work order will be fully executed prior to Consultant proceeding with services.

PCCA developed a blended rate for all services detailed below (See Exhibit A PCCA’s Proposed Fee Table). Work requested by PCCA will adhere to the identified rate for the respective task. Prior to issuing a Work Order under this contract, PCCA and Consultant will negotiate units (acres or hours) and a timeline required to accomplish the requested work. The Work Order fee will be determined by multiplying the agreed-upon units by the blended task rate for each requested task. For a project using an acre unit, the acreage for a site will be agreed upon by both PCCA and Consultant based on site constraints and potential survey buffers. Costs for the acreage unit are additive based on the size of the survey area. The first-tier cost is applicable for a site up to 10 acres; sites exceeding 10 acres but less than 50 acres will use the 10-acre unit cost for the first 10 acres and the 10- 50 acre unit cost for the subsequent acreage. Sites that exceed 50 acres will follow a similar process with the subsequent tiers. Consultant’s proposal should include a commitment to the specified rates (preferred) or provide an alternative proposed rate/structured fee.

6.02 Aquatic Survey and Wetland Assessment

Consultant will conduct an Aquatic Survey and Wetland Assessment in accordance with the 1987 USACE Wetland Delineation Manual, the 2010 USACE Regional Supplement Manual for the Atlantic Gulf Coast Plain, and current USACE guidance. The survey will cover the project site and a 500-foot buffer area. The Aquatic Survey and Wetland Assessment will include the following tasks:

Task 1 – Analyze Background Information

Consultant will collect and analyze readily available data including prior jurisdiction determination files and reports, historical aerial imagery, wet and dry year aerial imagery, United States Department of Agriculture (USDA)/Natural Resources Conservation Service (NRCS) soils data, vegetation maps, hydrology, floodplain maps, National Wetlands Inventory (NWI) maps, LiDAR data, topographic data, endangered species data, USGS benchmarks, and other pertinent data. Consultant will review current methods and records

Section 6 18 | P a g e of the USACE. Consultant will use the results of this analysis to prepare a detailed plan for field investigations.

Task 2 – Prepare Field Plan

Based on the results of Task 1, Consultant will prepare a plan for field work to include transects, apparent vegetation communities, proposed sample point locations, aerial imagery signatures, hydrologic features, probable hydrologic connections, property boundary coordinates, benchmark coordinates, USACE SOP requirements for GPS use, and other components required by USACE guidance. This plan will be used to set up the basic field data collection.

Task 3 – Field Investigations

Using the field plan developed in Task 2, Consultant will perform an aquatic survey and/or wetland delineation/jurisdictional determination. Consultant will utilize the USACE 1987 Wetland Delineation Manual and subsequent guidance to identify and delineate all wetlands and waters of the United States. Consultant will also conduct investigations necessary to determine the likely jurisdictional status of any identified wetlands under the current USACE/Environmental Protection Agency (EPA) guidance resulting from applicable U.S.

Supreme Court decisions, and current USACE guidance.

Task 4 – Prepare Draft Report

Consultant will prepare a formal report based on results from Task 1-3 above. The report will include all content (e.g. maps, photos, GPS, coordinate tables, boundary rationales, field data sheets, applicable guidance interpretation for each wetland, and/or jurisdictional status of any wetlands on the property, etc.) that identify features that could potentially be subject to USACE jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act and that is required by the USACE's current procedures and for inclusion in requests for a Jurisdictional Determination. Field investigation photos will follow directly after their corresponding field data sheet.

Per 33 CFR 329.12(a)(2), Regulatory jurisdiction in coastal areas extends to the line on the shore reached by the plane of the mean (average) high water. Where precise determination of the actual location of the line becomes necessary, it must be established by survey with reference to the available tidal datum, preferably averaged over a period of 18.6 years. Less precise methods, such as observation of the “apparent shoreline” which is determined by reference to physical markings, lines of vegetation, or changes in type of vegetation, may be used only where an estimate is needed of the line reached by the mean high water. Maps shall be correctly demarcated with the MHW and calculated HTL. Acreages for oysters, sea grass beds, delineated WOUS, and wetlands will also be provided on each map.

Consultant will provide a draft report in Microsoft Word format with associated attachments for PCCA’s review.

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Task 5 – Prepare Final Report

Consultant will incorporate PCCA’s comments into the draft report, compile a final report, and submit all documents in Microsoft Word and a single .pdf document, which includes final report and associated attachments for PCCA’s use. Consultant will provide geospatial data of all identified habitat and sample locations in the formats/files described in Exhibit F.

6.03 USACE Jurisdictional Determination

Consultant will complete a USACE Appendix 1 - Request for Jurisdictional Determination (JD) form for either a Preliminary Jurisdiction Determination (PJD) or Approved Jurisdictional Determination (AJD) as well as all necessary supporting documents for a USACE review. Consultant will provide field support to verify the results of the wetland delineation for the JD site visit with USACE. Consultant will make revisions as directed by USACE at the field visit and/or during their review. Agency Coordination, described below in section 6.10, will be added to the work order and used if needed for meetings and/or report revisions. The USACE JD will also include the following tasks:

Task 1 – Analyze Background Information

Consultant will review all readily available data including prior jurisdiction determination files and reports, historical aerial imagery, wet and dry year aerial imagery, USDA/NRCS soils data, vegetation maps, hydrology, floodplain maps, NWI maps, LiDAR data, topographic data, and, if available, reports provided by PCCA.

Task 2 – Prepare Draft Request for Jurisdictional Determination

Consultant will prepare a draft JD request with associated forms, and attachments in Word, and a single .pdf document for PCCA’s review.

Task 3 – Prepare Final Request for Jurisdictional Determination Consultant will incorporate PCCA’s comments into a final version in Microsoft Word format and compiled in a single .pdf document, which includes final request and associated attachments for PCCA’s use. Consultant will provide geospatial data of all identified habitat, features, and sample locations in the formats/files described in Exhibit F.

6.04 Cultural Resources Research and Coordination

Consultant will conduct a cultural resources review in accordance with Section 106 of the National Historic Preservation Act (NHPA). The cultural resources review will include the following tasks:

Task 1 – Analyze Background Information

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Consultant will analyze readily available desktop data for the project site and a 1-mile study radius surrounding the project site.

Task 2 – Prepare Report Letter and Consultation Coordination

Consultant will prepare a formal letter report based on the review results. Consultant will provide PCCA with a draft letter for review. Consultant will incorporate PCCA’s comments into the letter and present a final version to PCCA. Upon PCCA’s approval Consultant will present a final version to the Texas Historic Commission and/or USACE Cultural Resources designated staff with PCCA on copy.

Task 3 – Initiate Consultation

Consultant will initiate the consultation with the State Historic Preservation Officer (SHPO) as part of Section 106 review process and submission of the cultural resources findings to the Texas Historical Commission (THC) for concurrence of a 106 statement.

Consultant will copy PCCA in any email correspondence with SHPO.

6.05 Alternatives Analysis Assessment & Report

Consultant will identify potential alternatives to a proposed project that could achieve the project’s purpose and need for PCCA’s consideration. Agency Coordination, described below in section 6.10, will be added to the work order and used as needed for Agency meetings and/or requested revisions. The alternatives analysis includes the following tasks:

Task 1 – Conduct Review of Project Information

Consultant will utilize information obtained from completing other sections in this scope of work or from information provided by PCCA to clearly determine project purpose and need.

Task 2 – Conduct a Search for Alternatives

Consultant will research and identify alternative properties that could meet the overall project purpose and need. Consultant will develop a preliminary list and table that briefly describes the identified alternatives, including a no-action alternative. Consultant and PCCA will collaborate to evaluate the alternatives and identify reasonable alternatives and those that should be eliminated.

Task 3 – Further Analyze Identified Alternatives

Consultant will research the alternatives identified for further evaluation in Task 2.

Consultant will analyze all alternatives, including the preferred alternative, by the same criteria. If cost is a necessary criterion, Consultant will prepare a detailed cost estimate for each alternative.

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Task 4 – Prepare Draft Alternatives Analysis

Consultant will provide a draft alternatives analysis in Word format and associated attachments in a single .pdf document for PCCA’s review. Exhibit G describes the minimum sections required in the alternatives analysis.

Task 5 – Final Draft Alternatives Analysis

Consultant will incorporate PCCA’s comments into the draft alternatives analysis and prepare a final alternatives analysis for incorporation in the respective permit application.

Consultant will submit all documents in Microsoft Word format and a single .pdf document, which includes the final alternatives analysis and associated attachments for PCCA’s use. Consultant will provide geospatial data of all identified alternatives in the formats/files described in EXHIBIT F.

6.06 Endangered Species Evaluation

Consultant will evaluate the associated study area for the presence of Federally threatened and endangered species in accordance with the Endangered Species Act Consultation (ESA) Section 7. Agency Coordination, described below in section 6.10, will be added to the work order and used if needed for meetings and/or report revisions. The ESA evaluation includes the following tasks:

Task 1 – Conduct a Desktop Review for Background Information

Consultant will conduct a desktop investigation to include a review of the current species list from the United States Fish and Wildlife Service (USFWS) for Nueces County, the USFWS IPaC (Information for Planning and Conservation) Determination Key for predetermined consultation outcome, and the National Oceanic and Atmospheric Administration’s (NOAA) National Marine Fisheries Service (NMFS) for endangered and threatened marine and anadromous species in accordance with the Endangered Species Act (ESA), and the Magnuson Stevens Fishery Conservation and Management Act of 1976 for Essential Fish Habitat (EFH). The review will include but is not limited to Geographic Information System (GIS) data, and United States Geological Survey (USGS) digital topographic quadrangle maps.

Consultant will prepare a T&E desktop report summarizing the findings of the desktop review and proposed additional work, if warranted. The report will include but is not limited to project location and site description, project vicinity map, USGS map of survey area, aerial imagery, critical habitat map and a TPWD Natural Diversity Database (NDD) Map. Consultant will develop a summary that defines for each species; federal status, description of suitable habitat, species presence, species effect (may affect, may affect-unlikely to adversely affect), and justification in paragraph and tabular format.

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Task 2a – Prepare Draft Threatened and Endangered Species Report

Consultant will develop a Draft T&E report based on results from Task 1. The report will include but is not limited to project location and site description, project vicinity map, USGS map of survey area, aerial imagery, critical habitat map, and TPWD Natural Diversity Database (NDD) Map. Consultant will include a summary that defines for each species; federal status, description of suitable habitat, species presence, species effect (may affect, may affect- unlikely to adversely affect), and justification in paragraph and tabular format. The report will also include associated figures to define habitat and potential areas where project may impact species or habitat based on the completed desktop review, and Best Management Practices (BMPs) that reduce the likelihood of effect. Consultant will provide a draft T&E report in Word format and a single .pdf document, which includes associated attachments for PCCA’s review.

Task 2b – Prepare Draft Biological Assessment

If a permit is issued to PCCA under Executive Order 14156 (EO), which authorizes an emergency action, Consultant will develop a Draft Biological Assessment (BA). The report will include, but is not limited to, project location and site description, project vicinity map, USGS map of survey area, aerial imagery, critical habitat map, a TPWD Natural Diversity Database (NDD) Map, and the results of the field survey. Consultant will include a summary that defines each species; federal status, description of suitable habitat, species presence, species effect (may affect, may affect- unlikely to adversely affect), and justification in paragraph and tabular format. The report will also include associated figures to define habitat and potential areas where project may impact species or habitat based on the completed desktop review, and Best Management Practices (BMPs) that reduce the likelihood of effect. A biological monitor is required for emergency work under the EO. A third-party monitor (TPM) will be contracted.

Consultant will include a summary of findings shared by the TPM during monitoring in the BA, and all monitoring recordkeeping as an attachment to the BA. Consultant will provide a draft BA in Word format and a single .pdf document, which includes associated attachments for PCCA’s review.

Task 3 – Prepare Final Threatened and Endangered Species Report or Biological

Assessment

Consultant will incorporate PCCA’s comments into the draft report or BA, compile a final report, and submit all documents in Microsoft Word and a single .pdf document, which includes final report/BA and associated attachments for PCCA’s use.

Task 4 – Coordinate Section 7 Consultation

If federally listed threatened or endangered species or potential critical habitat could be affected by any of the proposed project, or a formal consultation is required by NMFS, Consultant will provide strategies to PCCA for consultation. Upon PCCA approval, Section 6 23 | P a g e

Consultant will coordinate a Section 7 consultation with USACE, USFWS, and/or NMFS to ensure that the necessary protocols for the species and/or critical habitat are avoided or proper mitigation protocols are identified.

6.07 USACE Permit Drawing Preparation

Consultant will assist with the development of conceptual permit drawings necessary to supplement any USACE permit application developed for PCCA. The preparation of permit drawings includes the following tasks:

Task 1- Analyze Background Information

Consultant will review existing site information, both previously collected and as provided by PCCA. Such information, if available, includes, but is not limited to, topographic survey, hydrographic survey, proposed project existing permit, project CAD files, and shape files for wetlands/SAV as conducted in this scope of work or provided by

PCCA.

Task 2- Develop Permit Conceptual Drawings

Consultant will develop conceptual permit drawings which include, but are not limited to, vicinity location map, site map, plan and cross-sectional views for the respective project designs. Consultant will label all drawings and maps as required by USACE permitting guidelines. Exhibit H includes permit drawing requirements.

Task 3- Develop Final Permit Drawings

Consultant will develop final conceptual permit drawings based on agreed site layout.

Final drawings and maps will be provided as .pdf documents for incorporation in the respective permit application (or other use by PCCA) and in the following formats/files:

ESRI ArcGIS shapefile (*.shp, *.shx, and *.dbf), ArcGIS geodatabase file (*.mdb, *.gdb), comma separated values file (*.csv), and AutoCAD files.

6.08 Texas Parks and Wildlife Aquatic Resource Relocation Plan

Consultant will develop a written Aquatic Resource Relocation Plan (AARP), complete a Texas Parks and Wildlife Department (TPWD) permit application, maps, and conceptual drawings.