ESBD_378610_1732136879185_802-25-52602 Oyster Cultch East Galveston.pdf

Texas Parks and Wildlife Department Purchasing and Contracting C-1

4200 Smith School Road Austin, Texas 78744

REQUEST FOR PROPOSALS

RFP No. 802-25-52602

OYSTER CULTCH PLACEMENT IN EAST

GALVESTON BAY IN SUBTIDAL AND

INTERTIDAL LOCATIONS

NIGP Class/Items: 959-30; 65

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

RFP Issue Date: November 20, 2024

Questions Due: December 5, 2024; 2:00 PM CT

HUB Notification Deadline:

December 5, 2024 (may be applicable if subcontracting) Proposal Due Date: December 17, 2024; 2:00 PM CT

Purchaser: Vanessa D Contreras, CTCM, CTCD 512-389-4722 Purchasing.bidbox@tpwd.texas.gov mailto:Purchasing.bidbox@tpwd.texas.gov

Table of Contents

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. Introduction

2. Background

3. Solicitation Method and Intent

4. Contract Term

5. Qualifications and Experience

6. Scope of Work

7. Contractor Requirements

8. TPWD Responsibilities

9. Performance Measures

10. Adding New Products/Services to Contract After Award

11. Modifications of Contract Terms and/or Amendments

12. Insurance

13. Performance Bond Requirement

14. Subcontracting

15. HUB Subcontracting Plan

16. Contract Administration

17. Invoicing and Payment

SECTION II – PROPOSAL REQUIREMENTS

1. Schedule of Events

2. Inquiries

3. Proposal Content

4. Proposal Submission

5. Delivery of Proposals

6. Evaluation and Award

SECTION III – GENERAL TERMS AND CONDITIONS

EXHIBIT A – EXECUTION OF PROPOSAL

EXHIBIT B – HUB SUBCONTRACTING PLAN

EXHIBIT C – PRICE SHEET

EXHIBIT D – COMPANY PROFILE

EXHIBIT E – KEY PERSONNEL

EXHIBIT F – PAST PROJECTS WITH CORRESPONDING REFERENCES

EXHIBIT G- EQUIPMENT LIST

EXHIBIT H – TECHNICAL PROPOSAL

EXHIBIT I – PERFORMANCE BOND

EXHIBIT J – RESPONSE SUBMISSION CHECKLIST

ATTACHMENT 1 – INTERTIDAL SITE MAP

ATTACHMENT 2 – SUBTIDAL SITE MAP

ATTACHMENT 3 – WEST REEF SITE MAP

ATTACHMENT 4 – MIDDLE REEF SITE MAP

ATTACHMENT 5 – EAST REEF SITE MAP

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. INTRODUCTION

1.1. Texas Parks and Wildlife Department (TPWD) is seeking qualified contractor(s) to provide land and marine services to transport and place TPWD-approved oyster cultch material within marked boundaries in multiple bay systems along the Texas coast. The initial project will occur in East

Galveston Bay and will involve creating fields of intertidal reef mounds (Attachment 1) and a subtidal reef restoration (Attachment 2) that will include placing cultch in mounds and ridges along with using recycled concrete culverts or other approved materials placed haphazardly within a defined area.

Additional projects in other bay systems will be awarded on an ‘as needed’ basis, as projects are identified and funds are confirmed, per the solicitation method outlined in Section 3.2.

1.2. The initial project will create intertidal reef mounds in shallow waters (< 2 meters deep) and subtidal reef mounds in moderately deep waters (> 2 meters deep) of East Galveston Bay on the Texas coast. Reefs will be created following prepared engineering documents. The intertidal component will create 3 fields of reef mounds totaling about 30 acres in 3 locations along the northern shore of East Galveston Bay

(Attachment 1). The subtidal component will restore approximately 8 acres of oyster reef located in open waters of East Galveston Bay (Attachment 2).

1.3. This proposal is for turn-key services which include mobilization/demobilization, purchasing, loading, transportation, placement of material, and production of deliverables as described herein. Contractor shall provide all labor, equipment, materials and any other need necessary or incidental to move and deploy cultch within the designated boundaries of the project in accordance with the terms and conditions as set forth herein.

1.4. Approved cultch materials shall be acquired by Contractor and transported to the designated deployment location by barge or other suitable vessel. All arrangements for labor and equipment required to load, transport and deploy the cultch, including the rental of front-end loaders, backhoes, and trucks and the hiring of stevedores, are the responsibility of the contractor.

2. BACKGROUND

Oyster reefs provide a suite of important ecological services including water filtration, provision of habitat for numerous fish and invertebrate species, and provision of product for the commercial oyster industry. The quality and quantity of Texas oyster reefs have been negatively impacted by hurricanes, drought, heavy fishing pressure and other stressors. Since 2007, TPWD has restored more than 500 acres of oyster habitat in Texas. TPWD plans to restore approximately 38 acres with this project. This project is funded by the legal settlement resulting from the Deepwater Horizon oil spill and is being implemented by the Natural Resources Damage Assessment (NRDA) Regionwide Trustee Implementation Group. This work is the Texas component of a greater project that is being implemented across the Gulf States. The co-implementing trustees for this project are TPWD and the National Oceanographic and Atmospheric Administration (NOAA). TPWD’s role is to administer the project funds and oversee the implementation of the construction phase of the project by the Contractor.

3. SOLICITATION METHOD AND INTENT

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

3.2. It is TPWD’s intent to award multiple contracts to ensure availability for designated project areas as the need arises and projects are funded. After award of the initial project identified herein (in Section 6), TPWD will identify additional projects and send the SOW to all awarded Contractor(s) to provide a quote.

TPWD will evaluate responses and select a Contractor that is determined to provide the best value to the agency for each project. It is TPWD’s sole discretion to determine best value.

3.3. All projects may be contingent on TPWD’s ability to obtain required state and federal authorizations (e.g.

Permits) and funding.

4. CONTRACT TERM

4.1. Initial Contract Term: The Contract shall commence on Date of Award and continue through August 31, 2027, unless sooner terminated under the terms of the Contract. The initial projects identified in Section 6 (Project Scope of Work) shall be completed no later than August 31, 2026.

4.2. Renewal Option: Contract may be renewed for up to two (2) additional one (1) year periods, provided both parties agree in writing prior to contract expiration date. Any extensions shall be in accordance with the original terms and conditions plus any approved changes. If renewal options are exercised, TPWD will provide the new timeline and delivery schedule to the Contractor.

4.3. Contract Extensions: In the event that the contract(s), if any, resulting from the award of this RFP shall terminate or be likely to terminate prior to the making of an award for a new contract for the identified products and/or services, TPWD may, with the written consent of the awarded supplier(s), extend the Contract for a period of time as may be necessary to permit TPWD continued supply of the identified products and/or services (not to exceed twelve month extension period). Any extensions shall be at the same terms and conditions, plus any approved changes.

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

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

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

5. QUALIFICATIONS AND EXPERIENCE

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

5.1.1. Shall be engaged in the business of land and marine services for a minimum of five (5) years within the past five (5) years, services similar in type and quantity to those listed herein. Recent start-up businesses do not meet the requirements of this solicitation. (A start-up business is defined as a new company that has no previous operations history or expertise in the relevant business and is not affiliated with a company that has that history of expertise.)

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

5.1.3. Shall have a Coast Guard certified license to operate or tow vessels within open waters of Galveston, West Galveston, East Galveston, Matagorda, Aransas, and San Antonio bays.

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

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

– Key Personnel, Exhibit F – Past Projects with Corresponding References, Exhibit G- Equipment List and Exhibit H- Technical Proposal with proposal to provide documentation to support the above qualifications.

(Ref: Section II, Subsection 3.3.)

6. SCOPE OF WORK

6.1. INITIAL PROJECT OVERVIEW: Prior to August 31, 2026, the awarded Contractor shall construct three (3) intertidal reef complexes and one (1) sub-tidal reef complex to be placed within marked boundaries in East Galveston Bay in accordance with the following specifications:

6.1.1. Inter-tidal:

6.1.1.1. West Reef will consist of 588 cultch mounds in three [3] configurations: crown, rows and field, with a maximum elevation of ±0.0 feet MSL (Attachment 3).

6.1.1.2. Middle Reef to consist of 306 cultch mounds in three [3] configurations, crown, rows and field with a maximum elevation of +1.0 feet MSL (Attachment 4).

6.1.1.3. East Reef to consist of 220 cultch mounds in three [3] configurations, crown, rows and field, with a maximum elevation of +1.0 feet MSL (Attachment 5).

6.1.2. Sub-tidal:

6.1.2.1. Sub-tidal Reef to consist of 112 cultch mounds, 56 cultch piles and a recycled culvert field with maximum elevation of -3.0 feet MLLW (Attachment 2).

6.1.2.2. Alternative TPWD approved materials may be placed in the recycled culvert field if culverts are unavailable.

6.2. TYPES OF CULTCH:

6.2.1. For all projects, cultch must be clean and free of any hazardous substances.

6.2.2. At TPWD’s discretion, some projects will require the awarded Contractor to provide the cultch material, while other projects may only require Contractors placing TPWD provided cultch material.

Each project scope will clearly identify the source of the cultch material for pricing purposes.

6.2.3. For the initial project, cultch must consist of high specific gravity limestone, concrete, or granite. For other projects under this solicitation, TPWD will specify allowable cultch materials. Authorized types of cultch typically include oyster shells, clam shells, limestone, river rock, riprap, clean crushed concrete (no rebar), or other similar cultch materials approved by TPWD.

6.2.3.1. The recycled concrete culverts shown in the sub-tidal reef in Attachment 2 should be used if available for transportation costs only. TPWD will work with the contractor to secure the recycled material donation, if available. Otherwise, the material placed in the large sub-tidal reef pile should be consistent with the other cultch material described above.

6.2.4. For the initial project in both the inter-tidal and sub-tidal areas, median cultch diameter shall be 9-12 inches. Cultch shall be durable and of a suitable quality for permanence in the structure and in the climate which it is to be used. The stone shall be free from cracks, seams, and other defects which would tend to increase unduly its deterioration from natural causes and shall be reasonably well graded between the prescribed limits as specified herein. Cultch gradation shall be as follows: one hundred percent (100%) will pass through an eighteen-inch square mesh sieve, fifty percent (50%) will pass through a ten-inch sieve and ten percent (10%) will pass through an eight-inch sieve. Additional cultch specifications will be presented on award of Contract.

6.2.5. For other projects under this solicitation, TPWD will specify size and other relevant factors for cultch materials.

6.2.6. For all projects, TPWD reserves the right to have its representatives inspect all cultch material at the loading site before cultch material is accepted and each barge-load will be monitored at the deployment site. All small particles in excess of the allowed five (5) percent, or otherwise outside of the specifications listed above, will be deducted from the total project cost.

6.3. LOCATION:

6.3.1. For the initial project, cultch shall be planted according to prepared construction plans in areas defined by latitude/longitude coordinates consistent with the attached maps. The initial project will be located in the waters of East Galveston Bay in the vicinity of Longitude -94.675460, Latitude 29.541373 (GCS NAD83, Attachment 1) for the intertidal sites and Longitude -94.690213, Latitude 29.497591 (GCS NAD83, Attachment 2) for the subtidal site. Specific location boundaries will be established by TPWD upon award of final contract(s) but will be contained within the area of the United States Army Corps of Engineers (USACE) permits in East Galveston Bay, in the areas described in the prepared engineering documents.

6.3.2. For all other projects under this solicitation, specific sites and final site plan will be determined by TPWD prior to the time of planting and coordinated with the Contractor.

6.4. TRANSPORTATION:

6.4.1. For all projects, cultch material shall be transported to deployment areas on shallow-drafted deck barges (or similar, appropriate vessels, including the barge-like oyster lugger that is favored by the gulf coast oyster industry) that are loaded to conform to the depth of the water during transit to the deployment site and at the deployment site so as to not damage the bay bottom over which they pass.

Such damage will be the responsibility of the Contractor. The Contractor will transport materials and equipment to the reef areas via access routes determined by TPWD.

6.4.2. For all projects, the designated access routes will be staked clearly to assure that vessel operators can easily follow the access route which will be placed in order to prevent barges passing over oyster reefs or other sensitive habitats.

6.4.3. For all projects, tugboats, barges and other vessel types (loaded) must be suitable in size and dimension to not impact the habitat in which it is working.

6.4.4. For all projects, the Contractor shall designate a single person to be responsible for (a) clearing each vessel’s movement in advance based on tide level and vessel draft; (b) evaluating tide predictions to assure that planning for vessel and cargo movements includes provisions for lightening barges or coming up with shallower draft barges or push boats as warranted; (c) inspecting route markers daily and replacing all missing markers within 12 hours; (d) compiling all vessel logs; and (e) providing logs to TPWD.

6.4.5. For all projects, the environmental resources within the project boundaries and those affected outside the limits of permanent work under the Contract shall be protected by the Contractor during the entire period of the Contract. The Contractor shall confine activities to areas defined by TPWD. Propellor or wheel washing or any other methods of deepening the bay bottom are not authorized by the project.

Environmental protection shall be as stated in the following subparagraphs.

6.4.5.1. The Contractor shall keep construction activities under surveillance, management, and control to avoid pollution of bays, bayous, or canals with fuels, oils, bitumen, calcium chloride, acid, construction wastes, or other materials harmful to surface and ground waters. All work under the Contract shall be performed in such manner that objectionable conditions will not be created in bays, bayous, or canals through or adjacent to the project area. The Contractor shall remove all possible pollutants resulting from this project and dispose of such materials by methods which comply with Federal, State, and local requirements for solid waste disposal.

In the event the Contractor encounters any pollutants, not as a result of his actions, the Contractor shall contact TPWD and make reasonable effort to contain the pollutants until proper disposal can occur.

6.4.5.2. The Contractor shall keep construction activities under surveillance, management, and control to minimize interference with, disturbance to, and damage of fish and wildlife. TPWD may require a protected species observer to attend deployments; this may be either a representative of TPWD, or a member of Contractor’s staff that has been trained by TPWD.

6.4.5.3. The Contractor shall restore all landscape features damaged or destroyed during construction operations during the project. Such restoration efforts will meet the satisfaction of TPWD before approval of final payment for project work is made. Any restoration which is necessary due to damage will be accomplished and completed at the Contractor’s expense by a source approved by TPWD.

6.4.5.4. To ensure proper maneuverability, any tugboat used to distribute the cultch material shall not push or pull more than two (2) loaded barges at one time during deployment.

6.4.5.5. Impacts to submerged habitat are to be minimized by limiting the use of spuds on the barge or tugs and limiting the use of a track-hoe (or similar equipment) to position and/or move the barge. TPWD may request to review the spud plan prior to deployment.

6.4.6. For all projects, TPWD employees will be onsite to monitor compliance with the terms of the Contract.

This will include, among other aspects, the even distribution of cultch material during the deployment at locations specified by TPWD.

6.5. DEPLOYMENT SPECIFICATIONS:

6.5.1. For all projects, specific location boundaries for cultch placement will be established by TPWD. The initial project (and possibly other projects under this solicitation) requires precise placement of cultch materials in specific locations, quantities and shapes. The Contractor should address how this will be accomplished in the Technical Proposal (Exhibit H).

6.5.2. For all projects, deployment shall be accomplished only during daylight hours.

6.5.3. Intertidal Reefs specified in the initial project: Cultch will be placed according to prepared construction plans provided by TPWD. Reef mounds will be in 3 restoration areas (West Reef, Middle Reef and East Reef) and will be arranged using 3 different designs: Crown, Rows, and Field. Each of the 3 designs will be utilized in the 3 restoration areas. (Attachments 3-5). Approximately 8,300 tons of cultch will be placed in these areas. Under the plans, an individual mound will contain 3.54 tons of cultch. TPWD will provide center coordinates for the individual mounds within each of the 3 restoration areas. Cultch must only be placed at the coordinates described in the construction plans.

6.5.4. Subtidal Reefs specified in the initial project: Cultch will be placed according to prepared construction plans. Two reef designs will be utilized in this area: Mounds and Piles. A single reef mound should require approximately 12.5 tons of cultch. A single reef pile should require about 49.5 tons of cultch.

Approximately 4,175 tons of cultch will be placed in this area. The plan for this area also includes a 0.132-acre area that is planned for placement of additional recycled materials of opportunity.

6.5.5. For all projects, cultch material on subtidal reefs shall not cause any unreasonable interference to navigation after deployment (unless otherwise specified in the construction plans provided by TPWD).

Maximum height of placed cultch will not be shallower than three (3) feet from the surface of the water at Mean Lower Low Water (MLLW) level. TPWD will conduct post-deployment sonar surveys within one (1) week of final cultch placement to verify that this specification is met. Reduction of reef height to meet specifications will be the responsibility of the contractor at no additional charge to TPWD. This does not apply to intertidal reefs which are placed in shallow nearshore waters that are not navigable by commercial vessels. Nautical charts for this area shall be updated to include these intertidal reefs them as hazardous shoal areas.

6.5.6. For all projects, ten percent (10%) of the Contract amount will be held until the reef height and reef boundary is verified by TPWD and any necessary leveling has been performed.

6.5.7. For all projects, the Contractor will work with TPWD to allow cultch material to be measured by TPWD personnel onboard random barges prior to deployment, in order to estimate the total cubic yards of material provided. The Contractor will provide TPWD with copies of all barge and truck loading paperwork for all cultch materials and other materials placed on the reefs.

6.5.8. For all projects, TPWD reserves the right to proportionately reduce payment to the Contractor for any portion of the load that does not meet specifications.

6.6. BUOY AND MARKER DEPLOYMENT:

6.6.1. For the initial project, at the beginning of cultch placement in the subtidal reef area, the Contractor shall install perimeter buoys at site corners. If the distance between two corner buoys of the same side of the restoration site exceeds one-half mile (2,640 ft.), intermediate buoys will be installed. For the intertidal areas, temporary markers (buoys or pvc poles) will be installed to mark site corners. If the distance between two markers exceeds seven hundred and fifty feet (750’), intermediate markers will be installed approximately every seven hundred and fifty feet (750’). This will require each intertidal restoration area to have ten (10) markers for a total of thirty (30) markers.

6.6.2. In the subtidal area for the initial project, buoys shall be installed such that they float at least three (3) feet out of the water at high tide. The buoys shall be anchored with a screw anchor with a minimum one (1)-inch galvanized sucker rod and 12-inch screw head inserted 10-feet into the bottom. For intertidal areas, temporary markers (buoys or pvc poles) will be installed to mark site corners. If the distance between two markers exceeds seven hundred and fifty feet (750’), intermediate markers will be installed approximately every seven hundred and fifty feet (750’). PVC Poles will be schedule 40 or greater with a minimum outside diameter of three inches (3”). Poles should be sunk at least two feet (2’) into the bottom sediments and should extend at least eight feet (8’) above the water surface at MHHW Poles should be capped and marked with reflective tape. Poles shall be deployed as construction progresses and shall remain in place at least until nautical charts are updated to include the shoal hazard in the areas.

6.6.3. In the subtidal area for the initial project, buoys will be provided by TPWD. All other materials (anchors, chain, bolts, etc.) shall be provided by the Contractor. Buoys will be in place for a minimum of two years and materials must be galvanized or of a quality to last for that period of time. For the Intertidal areas, buoys will be provided by TPWD and all other materials (pvc poles, anchors, chain, bolts, etc.)

shall be provided by the Contractor.

6.6.4. If required, coordinates for buoy and pvc pole locations will be provided by TPWD once the bid contract is finalized; however, upon installation, the Contractor shall provide latitude and longitude coordinates for each buoy to TPWD to verify accuracy of placement.

6.6.5. This buoy requirement may be waived by TPWD on a project-specific basis. For the initial project in Galveston Bay, buoys will not be required. Future projects that are completed under the Contract may require buoys.

7. CONTRACTOR REQUIREMENTS

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

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

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

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

7.5. Contractor shall comply with all laws, ordinances, statutes, and regulations pertaining to the services requested herein, and shall obtain such permits, licenses or other authorizations as may be required.

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

7.7. Contractor must retrieve any and all debris which is expelled during the deployment. Contractor shall provide vessel and personnel to achieve this debris collection. The debris collection vessel must be capable of communicating with the captain in charge of the deployment barge.

7.8. All personnel shall be required to wear a U.S. Coast Guard approved Personal Flotation Device (PFD) while on deck during deployment and while retrieving floating debris.

7.9. Contractor shall also provide a functioning U.S. Coast Guard approved marine sanitation device (MSD) on either the pump barge or the tugboat.

7.10. Contractor is responsible for adhering to all applicable federal and state safety requirements.

7.11. Before any award is made, as a result of proposals received, the contractors under consideration will be required to designate the exact equipment that will be used in the performance of the work and TPWD personnel may inspect the equipment which may be accepted or rejected because it is not considered to be satisfactory for the purpose of the Contract. Additionally, all equipment shall be fully equipped with marine safety equipment as required by applicable state or federal law.

7.12. Contractor must coordinate with TPWD to determine the best route to each site in order to prevent impact to other submerged natural resources.

7.13. Before placement, Contractor will coordinate with TPWD to confirm site planning, design, scope of work, field oversight by TPWD staff, and specific project timelines.

8. TPWD RESPONSIBILITIES

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

8.2. TPWD will furnish no material, labor, equipment, or facilities unless otherwise provided for in the Contract.

9. PERFORMANCE MEASURES

9.1. Contractor will be responsible for the performance of any contractual obligations that may result from an award based on this RFP and shall not be relieved due to non-performance of any or all subcontractor(s). By submitting a proposal, the Respondent commits to providing the goods and services required in the RFP if selected. The successful Respondent(s) will be required to abide by TPWD policies, procedures, standards and guidelines relevant to the execution of the Contract.

9.2. TPWD will measure and evaluate the Contractor’s and/or subcontractor’s performance under the Contract. If the Contractor or subcontractor does not meet any standards for deliverables and/or performance incentives (if applicable), TPWD may pursue appropriate remedies. All services and deliverables under the contract shall be provided at an acceptable quality level and in a manner consistent with acceptable industry standards, customs, and practices. In the event TPWD deems that the Contractor’s performance does not meet an acceptable quality level, TPWD may seek or negotiate remedies with the Contractor.

10. ADDING NEW PRODUCTS/SERVICES TO CONTRACT AFTER AWARD

Following the Contract award, additional products/services of the same general category that could have been encompassed in the award of the Contract, and that are not already on the Contract, may be added. A formal written request will be sent to successful respondent to quote on the proposed additional products/services.

Respondent shall submit proposals to TPWD as instructed. All prices are subject to negotiation with the Best and Final Offer (“BAFO”). TPWD may accept or reject any or all proposals and may issue a separate solicitation for the products/services after rejecting some or all of the responses. The products/services covered under this provision shall conform to the specifications as outlined in the request.

11. MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

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

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

Department and the Contractor.

11.3. Terms and conditions that do not conflict with the Contract and are acceptable to the Contractor(s) may be added in a Purchase Order and given effect. No additional term or condition added in a Purchase Order can conflict with or diminish a term or condition of the Contract. In the event of a conflict between Purchase Order and the Contract, the Contract term shall control.

12. INSURANCE

12.1. Contractor shall procure and maintain during the entire period of their performance under the Contract the following minimum insurance.

Type of Insurance Each Occurrence/Aggregate

Workers Compensation STATUTORY LIMITS

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

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

Commercial General Liability General Aggregate Applies Per Project

Marine Commercial Liability with MCL IN-REM endorsement; with waiver of subrogation rights;

any watercraft exclusions shall be deleted.

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

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$1,000,000 Combined Single Limit

US Longshore & Harbor (USL&H) Statutory

Maritime Employers Liability (MEL), also referred to as Jones Act Insurance with OCS/GOM endorsement

$1,000,000 limit

Pollution Liability $5,000,000 Combined Single Limit

Vessel Pollution $1,000,000 limit

Protection and Indemnity (P&I) $1,000,000 limit

12.2. Policy must contain an additional insured endorsement: The State of Texas, acting through Texas Parks and Wildlife Department and its officers and employees, is listed as an additional insured and loss payee.

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

Best, and authorized to provide the corresponding coverage.

12.4. Prior to the commencement of the job and not later than ten (10) days following award, the Contractor shall furnish to TPWD, for approval, a certificate of insurance as proof that the required insurance is in full force and effect. The certificate of insurance shall be sent to: Vanessa Contreras / Purchasing & Contracting, Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; or may be faxed to 512- 389-4677.

13. PERFORMANCE BOND REQUIREMENT

13.1. Respondent shall submit with response submission, a letter from a legally authorized bonding company, stating the Respondent’s eligibility to be bonded for the initial project if awarded. Failure to include this letter in response will result in disqualification of the proposal.

13.2. TPWD intends to award blanket, multiple year, contracts to perform services described herein, on an ‘as needed’ basis, as projects are identified, and funding is secured. As such, the Performance Bond requirements outlined below will apply to each individual project term and will not be required for the entire Contract term.

13.3. A Performance Bond must be furnished by the successful Contractor(s) for each project awarded and remain valid through the term of the project. All bonds submitted shall be the original form bearing original signatures and seal.

13.4. Bond Requirements: Bond shall be executed by a corporate surety or sureties authorized to do business in the State of Texas and acceptable to TPWD, on TPWD’s form, and in compliance with the relevant provisions of the Texas Insurance Code. If any bond is for more than ten (10) percent of the surety’s capital and surplus, Owner may require certification that the company has reinsured the excess portion with one or more reinsurers authorized to do business in the State. A reinsurer may not reinsure for more than ten (10) percent of its capital and surplus. If a surety upon a bond loses its authority to do business in the State, Contractor shall, within thirty (30) days after such loss, furnish a replacement bond at no added cost to Owner.

13.5. A Performance bond is required if the Contract Sum for each individual project is in excess of $100,000. The performance bond is solely for the protection of Owner. The performance bond is to be for the Contract Sum for the awarded Project to guarantee the faithful performance of the Work in accordance with the Contract Documents. The form of the bond shall be approved by the Office of the Attorney General of Texas. The performance bond shall be effective through Contractor’s warranty period.

13.6. Power of Attorney: Bond shall be accompanied by a valid power of attorney (issued by the surety company and attached, signed and sealed with the corporate embossed seal, to the bond) authorizing the attorney-in-fact who signs the bond to commit the company to the terms of the bond, and stating any limit in the amount for which the attorney can issue a single bond.

13.7. Bond Indemnification: The process of requiring and accepting bonds and making claims there under shall be conducted in compliance with Tex. Gov’t Code, Chapter 2253. IF FOR ANY REASON A

STATUTORY PAYMENT OR PERFORMANCE BOND IS NOT HONORED BY THE SURETY,

CONTRACTOR SHALL FULLY INDEMNIFY AND HOLD OWNER HARMLESS OF AND FROM ANY

COSTS, LOSSES, OBLIGATIONS OR LIABILITIES IT INCURS AS A RESULT.

13.8. Furnishing Bond Information. Owner shall furnish certified copies of the payment bond and the related Contract to any qualified person seeking copies who complies with Tex. Gov’t Code § 2253.026.

13.9. Claims on Payment Bonds. Claims on payment bonds must be sent directly to Contractor and his surety in accordance with Tex. Gov’t Code § 2253.041. All payment bond claimants are cautioned that no lien exists on the funds unpaid to Contractor on such Contract, and that reliance on notices sent to Owner may result in loss of their rights against Contractor and/or his surety. Owner is not responsible in any manner to a claimant for collection of unpaid bills, and accepts no such responsibility because of any representation by any agent or employee.

13.10. Payment Claims when Payment Bond not required. The rights of Subcontractors regarding payment are governed by Tex. Prop. Code §§ 53.231 – 53.239 when the value of the Contract between Owner and Contractor is less than $25,000.00. These provisions set out the requirements for filing a valid lien on funds unpaid to Contractor as of the time of filing the claim, actions necessary to release the lien and satisfaction of such claim.

13.11. Sureties. A surety shall be listed on the US Department of the Treasury’s Listing of Approved Sureties maintained by the Bureau of Financial Management Service (FMS), www.fms.treas.gov/c570, stating companies holding Certificates of Authority as acceptable sureties on Federal bonds and acceptable reinsuring companies (FMS Circular 570).

14. SUBCONTRACTING

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

15. HUB SUBCONTRACTING PLAN

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

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

ACCORDANCE WITH THE FOLLOWING INSTRUCTIONS. FAILURE TO COMPLETE AND SUBMIT THE

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

DISQUALIFICATION OF THE RFP FROM CONSIDERATION.

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

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

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

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

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

Women Contractors Association

6703 Chimney Rock Rd.

Bellaire, TX 77401

(703) 807-9977 phone

Texas Association of African American

Chambers of Commerce

807 Brazos St., Ste. 710

Austin, TX 78701

(512) 535-5610 phone

Texas Association of

Mexican American

Chambers of Commerce

606 Main St.

Buda, TX 78610 http://www.fms.treas.gov/c570, https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do https://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php director@womencontractors.org email www.womencontractors.org website cro@taaacc.org email www.taaacc.org website

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

US Pan Asian American Chamber of

Commerce SW

711 E. Lamar Blvd., Mailbox 103A

Ste. 211

Arlington, TX 76011

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

Dallas/Fort Worth Minority Supplier

Development Council

8828 N. Stemmons Fwy, Ste. 550

Dallas, TX 75247

(214) 630-0747 phone

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

US India Chamber of

Commerce DFW

5930 LBJ Fwy, Ste. 310

Dallas, TX 75240

(214) 346-9559 phone

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

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

15.7. HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment Report: After award of the

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

16. CONTRACT ADMINISTRATION

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

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

16.1. Monitoring the Contractor’s progress and performance and ensuring services conform to established specification requirements.

16.2. Managing the financial aspects of the Contract including approval of payments.

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

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

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

17. INVOICING AND PAYMENT

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

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

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

School Road, Austin, Texas 78744.

17.2. Invoices must show:

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

17.2.2. Name of receiving entity

17.2.3. Contract/purchase order number

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

17.2.5. Total price

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

17.2.7. Attach supporting documentation, if required

17.3. Payment:

17.3.1. The Contractor will be paid for the services performed as invoiced. If another payment mechanism is agreed to by the parties, then Contractor will be paid in accordance with the agreement approved by the parties.

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

17.3.2.1. Contractor is in breach of the Contract.

17.3.2.2. Any portion of a payment is for services that were not performed in accordance with the

Contract provided, however, payment shall be made for those services which were performed in accordance with the Contract.

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

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

17.3.3. Payment normally will be made to the Contractor within 30 days after receipt of a properly prepared invoice or the receipt of and the acceptance of services ordered, whichever is later.

State agencies are required by state law to pay properly submitted invoices within 30 days or the Contractor may charge a late payment fee established by law.

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

17.3.5. Electronic payment may be available through some ordering entities. Contact Accounts Payable at 512-389-4833 for additional information.

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

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

Event Date/Time

RFP Issue Date: November 20, 2024

Questions Due: December 5, 2024; 2:00 PM CT

HUB Notification Deadline: December 5, 2024 (may be applicable if subcontracting)

Proposal Due Date: December 17, 2024; 2:00 PM CT

2. INQUIRIES

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

Vanessa Contreras, Purchaser Texas Parks & Wildlife Department 4200 Smith School Road Austin, Texas 78744

Contact Info:

Phone 512-389-4722 Fax 512-389-4677 Email: purchasing.bidbox@tpwd.texas.gov

2.2. CLARIFICATIONS: TPWD will allow written requests for clarification of this Solicitation. Questions may be faxed or e-mailed to the point-of-contact listed in Section II, Subsection 2.1. Questions should be submitted in the following format: a) Reference the Solicitation number; b) Reference the Section number, Page number, Paragraph number, and Text of passage being questioned; and c) Question.

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

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

2.5. PROHIBITED COMMUNICATIONS: Upon issuance of this solicitation, TPWD, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s), except for the written inquires described in Section II, Subsection

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

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

mailto:purchasing.bidbox@tpwd.texas.gov http://www.txsmartbuy.com/esbd

3. PROPOSAL CONTENT

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

3.1. GENERAL RESPONSE FORMAT (Electronic submission or hardcopy):

Respondents shall submit one (1) original proposal signed (marked Original) with all required exhibits.

3.2. REQUIRED RESPONSE CONTENT:

Respondent MUST include the following documentation in their response submission. Failure to submit with response will result in disqualification of the proposal.

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

3.2.2. Exhibit B – HUB Subcontracting Plan: Respondent must comply with and submit Exhibit B -

HUB Subcontracting Plan.

3.2.3. Exhibit C – Price Sheet: Include completed Exhibit C – Pricing Schedule. Pricing should not be included in the submitted copies.

3.3. ADDITIONAL RESPONSE CONTENT:

Respo…