ESBD_429711_1750688129012_RFP 002-25-TES_Comal Springs Dryopid_Beetle Monitoring Study.pdf

REQUEST FOR PROPOSALS

FOR COMAL SPRINGS DRYOPID BEETLE MONITORING STUDY

FOR THE

EDWARDS AQUIFER AUTHORITY

RFP NO. 002-25-TES

Issued by:

Edwards Aquifer Authority

900 E. Quincy Street San Antonio, Texas 78215

Issue Date: Monday, June 23, 2025

Proposals Close: Wednesday, July 23, 2025

Time: 3:00 p.m., Central Time

SECTION 1

PROJECT INTRODUCTION AND BACKGROUND

1.1 PURPOSE OF REQUEST FOR PROPOSALS (RFP)

The Edwards Aquifer Authority (EAA), located in San Antonio, Texas, is soliciting proposals for Comal Springs Dryopid Beetle Monitoring Study.

1.2 DESCRIPTION OF PROPOSED PROJECT

Develop and test sampling methods targeting the Comal Springs dryopid beetle within Landa Lake and its associated spring run complexes in New Braunfels, Texas.

1.3 PROJECT SCHEDULE

The following is the tentative schedule for selection and award of the EAA's procurement:

Description Date

RFP Advertisements Sunday, June 22, 2025 through Thursday, July 3, 2025

Texas Purchasing Group Website-BidNet Monday, June 23, 2025 through Wednesday, July 23, 2025

State of Texas Electronic State Business Daily (ESBD) Monday, June 23, 2025 through Wednesday, July 23, 2025

Last Date for Questions Tuesday, July 15, 2025 *Submit to: contracting@edwardsaquifer.org 3:00 p.m., Central Time

Deadline to Submit/Proposal Opening Wednesday, July 23, 2025 3:00 p.m., Central Time

Estimated Contract Award Wednesday, October 1, 2025

Contract Completion Date Friday, December 31, 2027

SECTION 2

INSTRUCTION TO OFFERORS

2.1 REQUESTS FOR INFORMATION

This RFP is being issued by the EAA, San Antonio, Texas, which is the sole point of contact for purposes of information concerning this RFP. The EAA reserves the right to issue addenda, if necessary. All questions and inquiries regarding this request for proposal must be submitted in writing to Ms. Shelly Hendrix, Controller/Sr. Director of Finance, by the time specified in Section

1.3. No Phone Calls Please. Requests for information received prior to the deadline stated in Section 1.3 are to be responded to in writing by the EAA in the form of an addendum published on BidNet Direct (BidNet). (https://www.bidnetdirect.com/texas/edwardsaquiferauthority)

Submission of a proposal shall be considered prima facie evidence that the Offeror has familiarized himself/herself with, and understands, the solicitation, its terms and general conditions, etc., under which the contract is to be awarded, administered, and performed. The EAA will not be responsible for any interpretations or misinterpretations of any oral instructions.

2.2 SUBMISSION REQUIREMENTS

Proposal responses submitted must contain, at a minimum, the following:

• Proposal Summary (Attachment A1)

• Cost Proposal Summary (Attachment A2)

• Client Reference forms (Attachments B1-B3)

• Project Subcontracting Plan (Attachment A4)

Offerors may provide electronic or physical submissions of proposal responses as follows:

• Electronic: The EAA partnered with the Texas Purchasing Group for receipt of electronic proposals via BidNet. Please register on BidNet to access the proposal request and to submit electronic submission documents. Please note, a paid subscription to BidNet is not required to access proposals or submit responses:

(https://www.bidnetdirect.com/texas/edwardsaquiferauthority)

• Physical: Submit one (1) printed original and one (1) electronic copy on a CD or USB thumb drive of the proposal responses, sealed with "COMAL SPRINGS DRYOPID BEETLE MONITORING STUDY" indicated on the top of the envelope, to:

Ms. Shelly Hendrix Controller/Sr. Director of Finance

RFP NO. 002-25-TES

Edwards Aquifer Authority

NO FACSIMILE OR EMAIL PROPOSALS WILL BE ACCEPTED.

https://www.bidnetdirect.com/texas/edwardsaquiferauthority https://www.bidnetdirect.com/texas/edwardsaquiferauthority

Upon receipt of a proposal submitted in accordance with Section 2.2, each proposal will be stamped with the date and time received and remain unopened until the proposal opening. All proposals become the property of the EAA, which will hold the contents of all proposals confidential until an award is made.

PROPOSALS MUST BE RECEIVED NO LATER THAN THE DEADLINE SPECIFIED

IN SECTION 1.3. PROPOSALS RECEIVED AFTER THE DEADLINE WILL NOT BE

ACCEPTED BY BIDNET AND WILL BE RETURNED, UNOPENED, IF PHYSICALLY

SUBMITTED. PROPOSALS RECEIVED AFTER THIS TIME WILL BE DECLARED

LATE AND NOT ELIGIBLE FOR CONSIDERATION. THE EAA IS NOT

RESPONSIBLE FOR INTERNET CONNECTIVITY, COMPUTER TIME SETTINGS,

MAIL, COURIER OR OTHER DELIVERY METHODS, IN-TRANSIT TIME OR NON-

DELIVERY. LATE DELIVERIES TO THE EAA OFFICES WILL BE UNOPENED AND

THE OFFEROR WILL BE ADVISED BY MAIL THAT HIS/HER PROPOSAL WAS

LATE, NOT ACCEPTED AND WILL BE ALLOWED TO PICK UP HIS/HER

PROPOSAL PACKAGE OR FURNISH A “CALL TAG” AND HAVE THE PACKAGE

PICKED UP BY A COURIER.

2.3 PROPOSAL FORMAT

The EAA requires that submitted proposals adhere to the following general format to simplify the review process. Failure to follow the required format or to respond to each specification may result in rejection of the proposal. All proposals must be submitted in accordance with Section 2.2, Submission Requirements. Failure to do so may result in rejection of the proposal.

2.3.1 General Requirements

Submit three (3) client references for whom similar experience surveying aquatic beetles or other aquatic species monitoring studies has been provided within the past 5 years on the form contained in Attachments B1-B3, Client Reference. Provide responses for all minimum information on the form for each reference and do not use the EAA as a reference. The Offeror agrees EAA staff may contact the references given.

2.3.2 Response to Commercial Questions and Statements

Please answer the questions indicated in Attachment A1, Proposal Summary, directly and specifically. All pricing is to be included in Attachment A2, Cost Proposal Summary. Any exceptions to any of the requirements and specifications contained in this RFP must be noted in the allotted space in Attachment A1. Attachments A1 and A2 must be returned with the Offeror’s proposal response.

2.3.3 Cost Proposal

Please provide an itemized list of projected costs necessary for completing the project described in this RFP on Attachment A2, Cost Proposal Summary. The cost proposal shall include the price for any shipping, crating, insurance, and other costs related to the delivery and installation of the proposed project. The Cost Proposal Summary should also include a completed Labor Categories Rates & Personnel Chart of the total hourly cost per employee position that will be involved in the project. The EAA is exempt from sales tax but could be subject to other types of taxes. If any other type of tax is added, please specify. This project will be awarded as a time-and-materials, not-to-exceed an agreed upon total Contract amount.

2.4 MINORITY-OWNED AND WOMEN-OWNED BUSINESSES

The EAA strongly encourages minority and women-owned businesses (M/WBEs) to submit proposals to all requests. It is EAA policy that M/WBEs have an equal opportunity to apply for, and be awarded, EAA contracts and subcontracts. It is the EAA’s good faith effort goal to award 30% of the total amount of all contracts to M/WBEs whenever possible. To assist in meeting this goal, the EAA strongly encourages Offerors to seek joint ventures and/or subcontracting opportunities with M/WBE’s when appropriate.

2.4.1 M/WBE Subcontracting Opportunities

In an effort to assist Offerors, EAA staff researched M/WBE availability and noted the total number of certified M/WBEs potentially available to perform work requested on this RFP on Attachment A3. To successfully complete the RFP, Offerors must complete a Project Subcontracting Plan (Attachment A4) which addresses subcontracting use and provides links to the sources used to identify M/WBEs in Attachment A3.

2.5 PROPOSALS BINDING

Proposals must set forth accurate and complete information as required by this RFP (including attachments). Negligence upon the part of the Offeror in preparing the proposal confers no right of withdrawal after the time fixed for the submission of proposals.

2.6 LATE PROPOSALS, MODIFICATIONS, OR WITHDRAWALS

Proposals received after the date and the time indicated will not be considered and will be returned unopened if the Offeror is identified on the envelope.

Proposals may be withdrawn or modified in writing prior to the proposal opening. Responses that are resubmitted or modified shall be sealed and resubmitted in accordance with Section 2.2, Submission Requirements, prior to the proposal opening.

2.7 PROPOSAL COSTS

All costs for preparing the proposals are to be borne by the Offeror and may not be included in the cost proposal.

2.8 PROPOSAL SIGNATURE

The EAA will prepare a contract for the Successful Offeror using the name exactly as it appears on the proposal. Therefore, it is imperative the Offeror signs the proposal using correct and complete legal names and titles.

2.9 CONTRACT AWARD

The EAA reserves the right to accept or reject any and all proposals. Unless all proposals are rejected or the solicitation is cancelled, the contract is to be awarded to the Offeror whose proposal best meets the requirements and criteria set forth in these specifications. No proposal is to be considered binding upon the EAA until a contract has been awarded. The EAA reserves the right to award the proposal and/or contract to more than one Offeror.

Contract award is to be issued to the Successful Offeror by letter. The Successful Offeror shall not begin any work on this contract until such time as a Notice to Proceed has been issued by the General Manager.

Please note, in 2015, the Texas Legislature adopted House Bill 1295, which added section

2252.908 of the Government Code. The law states that a governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties (Form 1295) to the governmental entity or state agency at the time the business entity submits the signed contract to the governmental entity or state agency. The law applies only to a contract between a governmental entity or state agency and a business entity at the time it is voted on by the governing body or at the time it binds the governmental entity or state agency, or whichever is earlier, including an amended, extended, or renewed contract, of a governmental entity or state agency that either:

1. requires an action or vote by the governing body of the entity or agency before the contract may be signed; or

2. has a value of at least $1 million, or

3. is for services that would require a person to register as a lobbyist under Chapter

305 of the government Code.

A Successful Offeror will be required to submit Form 1295 in accordance with these provisions.

More information can be obtained at the following link:

https://www.ethics.state.tx.us/filinginfo/1295/ https://www.ethics.state.tx.us/filinginfo/1295/

2.10 CONTRACT

It is expressly understood by the Offerors that written notice of award by the EAA will constitute acceptance of the proposal.

2.11 CONTRACTOR SELECTION

2.11.1 Selection Process

The selection process will include the following steps:

1. Receipt of proposals.

2. Review of proposals submitted.

3. Evaluation of proposals and ranking of Offerors - EAA staff shall review all information available from the selection process and rank the Offerors.

4. Contract Award - The EAA will award the Contract to the Offeror whose proposal is the most advantageous to the EAA and which will result in the most economical provision of these required services to the EAA.

2.11.2 Selection Criteria

Selection will be based on the following criteria which are listed in order of importance:

1. Experience and Qualifications (70 points) o Knowledge on the Comal Springs Dryopid Beetle o Experience with surveying aquatic invertebrates or other aquatic species in Landa Lake o Expertise in interpreting species survey data and providing analytical techniques that allow for tracking short and long-term trends of a species o Experience working with federally listed species

2. Commercial Quality (10 points) o Satisfactory response to terms and conditions o Experience with similar programs o Proposal quality o Customer references and satisfaction of existing customers o Submission of Project Subcontracting Plan

3. Cost Factors (10 points) o Total cost o Additional costs

4. Schedule (10 points) o Ability to meet all deliverables by the overall deadline

2.12 CONFIDENTIAL MATERIAL

Proposals will remain confidential until an award is made, except for the information that is public during a proposal opening. At that time, all information is public unless considered confidential by the Public Information Act, such as trade secrets and financial information. Offeror must indicate if any of the information provided constitutes an exception to the Public Information Act.

All information not labeled as confidential will be presumed to be public information.

SECTION 3

SPECIFICATIONS

3.1 BACKGROUND INFORMATION

The EAA is a political subdivision of the State of Texas. Governed by an elected board of directors, the EAA is empowered to manage, enhance, and protect the Edwards Aquifer.

The purpose of this Request for Proposals (RFP) is for interested Offeror’s to design and conduct a Comal Springs Dryopid Beetle monitoring study.

The Comal Springs dryopid beetle (Stygoparnus comalensis Barr and Spangler, 1992) (Coleoptera:

Dryopidae) is a beetle known primarily from Comal Springs, Comal County, Texas, USA, but is also known to occur in two springs in Hays County, Texas (Gibson et al. 2008). Due primarily to its limited geographic range and risk associated with groundwater withdrawals from the Edwards Aquifer, it was listed as endangered by the US Fish and Wildlife Service in 1997 (USFWS).

Similar to other species found in the Edwards Aquifer, the Comal Springs dryopid beetle faces several threats to its habitat including severe drought, pollution, and potential effects of introduced exotic species (Bowles and Arsuffi 1993). In 2013, the Comal Springs dryopid beetle was listed as one of the Covered Species under the Edwards Aquifer Habitat Conservation Plan (EAHCP).

One of the main goals of the EAHCP is to maintain sufficient habitat for Covered Species to ensure the long-term persistence of the species. To accomplish this goal, it’s imperative to identify the habitat for each Covered Species and to monitor any changes in the species associated with changes in habitat. Presently, only basic knowledge on the Comal Springs dryopid beetle’s spatial distribution and habitat preferences is known and no methods specifically focused on monitoring the beetle are available. Current data on the Comal Springs dryopid beetle have been collected as incidental captures during monitoring activities targeting other EAHCP Covered Species. Cotton lures and preceding methods have been used for over 21 years to monitor the Comal Springs riffle beetles (Heterelmis comalensis). During EAHCP biomonitoring activities over the past two decades, only 31 Comal Springs dryopid beetles were found in contrast to over 9,800 adult Comal Springs riffle beetles on cotton lures; and over the same time period, 24-hour drift net surveys designed to catch subterranean species (e.g., Peck’s Cave Amphipod, Stygobromus pecki) encountered 84 Comal Springs dryopid beetles. The inability to detect and collect Comal Springs dryopid beetles has limited the understanding of the biology of the beetle, environmental factors that affect its occurrence and/or abundance, and the development of metrics that could be used for assessing the status of its populations (National Academies of Sciences, Engineering, and Medicine 2018, United States Fish and Wildlife Service 2024).

Offeror will need to develop and test sampling methods targeting the Comal Springs dryopid beetle within Landa Lake and its associated spring run complexes (New Braunfels, Texas). The main goal of this study is to develop field sampling and analytical protocols that can effectively monitor the beetle that can then be incorporated into the EAHCP biomonitoring program. Additional benefits of this study could include advancing our understanding of habitat preferences for the Comal Springs dryopid beetle, understanding the beetle’s distribution across Landa Lake, helping develop Biological Goals and Objectives for this species for the EAHCP permit renewal, and potentially informing the EAHCP refugia program on life history and environmental variables that may prove useful in captive propagation enhancement. The study will include sampling and refinement from Summer 2025–2026 with data analysis and conclusions completed by the end of 2026.

3.2 MINIMUM SPECIFICATIONS

3.2.1 Comal Springs Dryopid Beetle Monitoring Study

PRELIMINARY SCOPE OF WORK

Task 1: Develop and test a study design for sampling Comal Springs dryopid beetle

Sampling Site Selection

In the Comal Springs system, the Comal Springs dryopid beetle is primarily known to occur around Spring Island with few occurrences in Spring Run 2 and very rare occurrences observed in Spring Run 1, Spring Run 3, the Western Shoreline, and the Upper Spring Run areas in Landa Lake (Figure 1, BIO-WEST, 2025). These localities should serve as the primary sampling areas for this study. Spring Island can serve as the primary location for testing sampling methods due to the higher abundance of Comal Springs dryopid beetles and more stable habitat in this area. However, other localities should also be sampled to determine spatial distribution of the Comal Springs dryopid beetle and to further assess detection rates of the Offeror’s selected sampling methods.

Figure 1. Site map of Landa Lake and associated Spring Runs of the Comal system. Spring opening locations and spring areas are highlighted on the map. (Map produced by Texas Parks and Wildlife)

The number of sites sampled does not need to be fixed and can be modified by the Offeror throughout the study to refine sampling methods. However, at least some sites should be sampled in each locality during each sampling period. For instance, data could be collected for approximately 15 sites around Spring Island and approximately five sites each in Spring Run 2, Spring Run 3, and the Western Shoreline during each sampling period. Spring Run 1 and the Upper Spring Run should be incorporated as conditions allow (i.e., sites in Spring Run 1 should not be used if many of them remain dry, or Upper Spring Run sites should not be used if not flowing). If possible, more sites should be assessed, but this number can continually vary to meet the primary goal of testing sampling methods for the purpose of developing a monitoring program.

Comal Springs Dryopid Beetle Sampling Methods

The Offeror will need to design sampling protocols that effectively collect or detect the Comal Springs dryopid beetle. This can be completed by using an active (i.e., timed surveys) or passive (i.e., sampling device) sampling technique, but methods should be supported with previous research/knowledge on the beetle or of a similar species. During each sampling event, the methods and device used for beetle collection should focus on the occurrence and abundance of adult Comal Springs dryopid beetles. Larvae numbers can be recorded if found but should not be a priority since accurate identification of larvae is more time intensive than adults. Abundance and occurrence of other invertebrate species can be tracked but efforts should be placed on providing more spatially and/or temporally intensive surveys for the Comal Springs dryopid beetle.

Detailed habitat assessments at each spring site should be performed. The presence and/or coverage of live or dead tree roots, presence and/or abundance of pieces of wood, substrate composition and size, presence and/or coverage of aquatic macrophytes, and the proximity, size and species of nearby trees should be assessed at each site at least once during the study period and again subsequently if these characteristics change. The springflow within each site, water depth, and sampling device substrate depth should be measured at the time of each sampling event.

Water quality variables such as temperature, dissolved oxygen, and conductivity measured can also be measured. Other characteristics of each site should be noted or examined as deemed appropriate; these potentially include but are not limited to: disturbance by humans or animals, canopy coverage, crayfish presence (including burrows), and fish presence. Exact GPS coordinates of each site should be recorded.

Frequency and Timeline for Sampling Events and Sampling Periods

The Offeror should develop a tentative sampling frequency and timeline for the study. Due to rarity of the Comal Springs dryopid beetle, frequent and widespread surveys should be conducted to enable greater detection of the beetles and testing for effects on their occurrence/abundance across a wider range of environmental conditions. For example, the study can begin with monthly sampling as sites are established and characterized, and as the distribution and abundance of Comal Springs dryopid beetle becomes better known, the frequency can change. By the end of 2025, initial findings from sampling frequency and timing should be assessed to determine how surveys will continue in 2026. Discussions with EAA staff should occur in December 2025 to discuss sampling options for 2026.

Adaptive management or other modifications to the sampling schedule can be made to accommodate changes to current environmental conditions (i.e., low flows or floods), to test different sampling intervals or sampling device used timelines, or as otherwise deemed appropriate for assessing the efficacy of monitoring techniques. In the event of prolonged drought conditions, timing of sampling events should be discussed with EAA staff prior to completing.

Permits and Additional Requirements

The Offeror must obtain all necessary state and federal permits to sample the Comal Springs dryopid beetle. Additionally, the Offeror will need to coordinate with EAA staff to ensure EAHCP biomonitoring and refugia programs are not affected. Care should be taken to minimize effects on biological monitoring for the Comal Springs riffle beetle and balance sampling events with any collections of Comal Springs dryopid beetles for the refugia populations. The Offeror should incorporate contingency plans into their field sampling schedule to account for any unforeseen circumstances (i.e., extreme low flows, floods) that may arise.

Task 2: Perform appropriate analytical techniques to evaluate sampling data for the Comal Springs dryopid beetle collected in Task 1

The Offeror should assess various analytical techniques to interpret data collected in Task 1. Given that this study has a limited timeline, analyses performed during this study will likely be preliminary analyses but should focus on species metrics (preferably species occurrence and abundance) that are appropriate for inclusion into a long-term monitoring program. Ideally, the analytical technique selected would allow for the ability to detect changes in short and long-term trends for the species.

Analyses performed for this study can include examination of relationships between environmental variables and beetle abundance or occupancy, as well as examination of different methods used for assessing occupancy and abundance, such as generalized linear mixed-effects models. In addition to covariates measured in the field at the time of sampling events, analyses should examine potential effects of calculated covariates such as local springflow.

Task 3: Disseminate study data and provide recommendations for study design, sampling methods, and analytical protocols for the development of a Comal Springs dryopid beetle EAHCP monitoring program

The Offeror will generate a draft report to be delivered to the EAHCP program manager by December 1, 2026. A draft project update will be provided at the end of 2025 and incorporated in the EAHCP Annual Report to USFWS. The final report should include results from this study as well as a detailed outline and description of protocols for study design, sampling methods, and statistical analyses for use in the development of an EAHCP Comal Springs dryopid beetle monitoring program. Ideally, the protocols should provide the ability to monitor changes in occurrence and abundance of the Comal Springs dryopid beetle and what variables account for the observed changes. The Offeror will also present study results in the form of oral presentations to the EAHCP Science Committee and/or other EAHCP Committees. All final report documents and data must be delivered and approved by the EAHCP program manager before the contract deadline.

REFERENCES

Barr, C. B., and P. J. Spangler. 1992. A new genus and species of stygobiontic dryopid beetle, Stygoparnus comalensis (Coleoptera: Dryopidae) from Comal Springs, Texas. Proceedings of the Biological Society of Washington 105:40–54.

BIO-WEST. 2025. Comal Springs dryopid beetle (Stygoparnus comalensis) research 2023–2024:

laboratory studies of habitat preferences and development of field methods for detection, collection, and monitoring. San Marcos, TX.

Bowles, D. E., and T. L. Arsuffi. 1993. Karst aquatic ecosystems of the Edwards Plateau region of central Texas, USA: a consideration of their importance, threats to their existence, and efforts for their conservation. Aquatic Conservation: Marine and Freshwater Ecosystems 3:317–329.

Gibson, J. R., S. J. Harden, and J. N. Fries. 2008. Survey and distribution of invertebrates from selected springs of the Edwards Aquifer in Comal and Hays Counties, Texas. The Southwestern Naturalist 53:74–84.

National Academies of Sciences, Engineering, and Medicine. 2018. Review of the Edwards Aquifer Habitat Conservation Plan: Report 3. Page 25200. National Academies Press, Washington, D.C.

United States Fish and Wildlife Service. 1997. Endangered and threatened wildlife and plants;

final rule to list three aquatic invertebrates in Comal and Hays counties, TX, as endangered.

Federal Register 62:66295–66304.

United States Fish and Wildlife Service. 2013. Endangered and threatened wildlife and plants;

revised critical habitat for the Comal Springs dryopid beetle, Comal Springs riffle beetle, and Peck’s cave amphipod. Federal Register 78:63100–63127.

United States Fish and Wildlife Service. 2024. Comal Springs Dryopid Beetle (Stygoparnus comalensis) 5-Year Status Review: Summary and Evaluation. Page 43. Austin Ecological Services Field Office, Austin, TX.

3.2.2 Pricing Information

Respondents are required to submit cost proposals in accordance with the provisions of Section 2.3.3, Cost Proposal.

SECTION 4

TERMS AND CONDITIONS

4.1 STANDARD FORM OF CONTRACT

Attached is a copy of the EAA’s Standard Form of Contract stating the general terms and conditions which will be contained in any contract resulting from this RFP (see Attachment C).

Exhibit A, Scope of Work, of the contract form attached is for informational purposes only.

Exhibit A is not to be completed at this time. It will be completed upon award of contract.

Offerors, by virtue of submitting a proposal, acknowledge, understand, and agree to these terms and conditions, unless such is indicated on the Proposal Summary.

4.2 LAWS AND REGULATIONS

The EAA requires that all responses to this RFP, and any contracts that may result, be in accordance with the laws and regulations of the State of Texas. Furthermore, the Awarded Contractor must adhere to all Occupational Safety and Health Administration standards as applicable to the contracted work.

4.3 PROPOSAL ACCEPTANCE PERIOD

All prices and conditions of the proposal shall remain in effect for ninety (90) days after the date set for the proposal opening. Proposals offering less than ninety (90) calendar days for acceptance by the EAA from the date set for opening will be considered nonresponsive and will be rejected.

The EAA’s Code of Ethics is attached for your reference only (see Attachment D). No action is necessary.

4.4 TIME OF COMPLETION

The Contractor shall take all necessary and appropriate actions to complete the project in accordance with the ongoing schedule incorporated in the resultant contract.

A1-1

ATTACHMENT A1

EDWARDS AQUIFER AUTHORITY

PROPOSAL SUMMARY

COMAL SPRINGS DRYOPID BEETLE MONITORING STUDY

Offeror/Vendor Name: _________________________________________________

Please submit your proposal in accordance with one of the methods noted in Section 2.2 of this proposal document. Attach your proposal for Comal Springs Dryopid Beetle Monitoring Study to this proposal summary document. Please also include the resumes of key personnel proposed to work on this project.

The following exceptions to the Specifications are noted:

Response to Commercial Questions and Statements

What is the current financial status and condition of the proposing entity?

How did you find out about this Request for Proposal?

(Newspaper, Bid-Net, State of Texas ESBD, Direct Notice, EAA Website or Other (Please Specify)).

The EAA reserves the right to request financial statements as needed.

Please mark one of the following:

_________ I agree with the terms and conditions of the contract form as contained in Attachment C to the proposal specifications.

_________ I do not agree with the terms and conditions of the attached contract form as contained in Attachment C to the proposal specifications.

A1-2

I would like to take exception to the following contract provisions and am proposing alternative contract language as follows:

The undersigned certifies that the information contained in this proposal has been carefully checked and is submitted as correct and that he/she is authorized to submit this proposal on behalf of the Offeror named below.

Signed: _____________________________________________________________________ Name

Printed Name

Title

Company

Address

Telephone No. Email Address

A2-1

ATTACHMENT A2

EDWARDS AQUIFER AUTHORITY

COST PROPOSAL SUMMARY

Offeror/Vendor Name: ________________________________________________

Please submit with Attachment A1 in accordance with one of the methods noted in Section 2.2 of this proposal document.

The undersigned proposes to furnish the prices shown below in accordance with the specifications and the response attached hereto. It is expressly agreed that the EAA has the right to reject any or all proposals submitted if such action is deemed in its interest. The total cost is $________________, the breakdown of which is:

Task Estimated Hours Estimated Costs

Task 1: Develop and test a study design for sampling Comal Springs dryopid beetle ________ $____________________

Task 2: Perform appropriate analytical techniques to evaluate sampling data for the Comal Springs dryopid beetle collected in Task 1 ________ $____________________

Task 3: Disseminate study data and provide recommendations for study design, sampling methods, and analytical protocols for the development of a Comal Springs dryopid beetle EAHCP monitoring program ________ $____________________

Additional Costs (Attach Itemized List) $____________________

*TOTAL $

*Do not include sales tax in your cost proposal. If any other type of tax is added, please give full description of tax type.

A2-2

LABOR CATEGORIES AND PERSONNEL CHART

Position Charge Rate/Hour

The undersigned certifies that the prices contained in this proposal have been carefully checked and are submitted as correct and that he/she is authorized to submit this proposal on behalf of the Offeror named below.

Proposals offering less than 90 calendar days for acceptance by the EAA from the date set for opening will be considered nonresponsive and will be rejected.

Signed: ____________________________________________________________________ Name

Printed Name

Title

Company

Address

Telephone No. Email Address

A3-1

ATTACHMENT A3

EDWARDS AQUIFER AUTHORITY

Line Item NIGP and Item Code Total number of certified MWBEs potentially available to perform work Source: SCTRCA and State of Texas Centralized Master Bidders List (CMBL) HUB Directory

1. Consulting Services (Not Otherwise Classified) 918-32 291

2. Environmental Consulting 918-43 195

3. Fishery Management Services, Including Data Collection, Research and Experimentation, Resources Protection, etc.

958-40

4. Wildlife and Fish Management Services, Including Endangered Species and Wildlife Census

958-97

5.

ATTACHMENT A4

Offeror Name: RFP No.:

A4-1

PROJECT SUBCONTRACTING PLAN

The EAA reviews any proposed contract with an estimated value of $50,000 or more to determine if subcontract opportunities are probable prior to the EAA’s solicitation of bids, proposals, offers or other applicable expressions of interests. Completion of this Project Subcontracting Plan and all applicable sections are required in order to be deemed responsive.

SECTION – 1

BACKGROUND

a. Offeror Phone:

b. Contractor

Representative Email:

c. RFP Number

d. Business Certification

Type ___MBE ___WBE ____Joint Venture ____Non-

M/WBE

e. Will portions of work be subcontracted?

__Yes (complete Section 2)

__No (complete Section 3)

f. Will subcontract opportunities be provided to M/WBEs?

__Yes (complete Section 2)

__No (complete Section 4)

SECTION – 2

SUBCONTRACTOR PARTICIPATION DECLARATION

Contingent upon award of the project stated above, _________________________________ [Offeror] commits to award subcontracts or purchase orders to the following vendors. LIST ALL SUBCONTRACTORS (if the vendor is a joint venture, provide the ownership interest of any M/WBE participation).

Subcontractor Cert.

Type

Cert.

Agency

Gender M/F

Ethnicity

Scope of Work

Subcontract Amount

% of Contract

*Minority-MO Woman-WO Non-M/WBE-NonMW ** S. Central TX Regional Certification Agency (SCTRCA), Historically Underutilized Business (HUB), Other ***African American-AA Native American-AI Asian American-AS Hispanic American-HI

Total Dollar value of subcontract work ÷ total dollar value of contract = _____% subcontracted

Total Dollar value of M/WBE subcontract work ÷ total dollar value of contract = _____% to M/WBEs

A4-2

SECTION – 3

SELF PERFORMANCE JUSTIFICATION

Complete this section if you responded “No” to SECTION 1, Item e.

a. Please explain HOW (or list the specific page(s)/sections of your proposal which explains how) your company will perform the entire contract with its own equipment, supplies, materials, and/or employees.

b. Please explain WHY your company will not subcontract any of the line items identified on the PROBABLE SUBCONTRACTING OPPORTUNITIES form in this solicitation.

Line Item

(Address each line item from

PROBABLE SUBCONTRACTING

OPPORTUNITIES form)

Reason not subcontracted

1.

2.

3.

4.

5.

6.

7.

8.

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SECTION – 4

GOOD FAITH EFFORTS

This section must be completed if you responded “No” to SECTION 1, Item F along with any documentation to detail your efforts to include M/WBEs in subcontracting opportunities.

Good faith efforts require that the Offeror demonstrate that it took all necessary and reasonable steps to notify M/WBEs of subcontracting opportunities by their scope, intensity, and appropriateness to assist the EAA in meeting its cumulative M/WBE goal.

The EAA has the responsibility to make a fair and reasonable judgment whether an offeror made adequate good faith efforts. Consideration to the quality, quantity, and intensity of the different kinds of efforts the Offeror has made will be evaluated for the best value and of the EAA.

a. List the directory sources used to find M/WBEs for subcontracting opportunities.

Directory Hyperlink Was a Source Utilized?

South Central Texas Regional Certification Agency https://sctrca.sctrca.org/Fr ontEnd/VendorSearchPub lic.asp?TN=sctrca&XID=

Yes

No

State of Texas Centralized Master Bidders List (CMBL) HUB Directory https://mycpa.cpa.state.tx.

us/tpasscmblsearch/index.

jsp

Other:

Other:

b. List trade or professional organizations contacted for M/WBE outreach assistance.

A listing of Minority Trade Organizations can be found at:

http://www.edwardsaquifer.org/about/eaa/doing-business-with-the-eaa

Trade Organizations or Development Centers Date Notice sent (mm/dd/yyyy)

Was the Notice Accepted?

https://sctrca.sctrca.org/FrontEnd/VendorSearchPublic.asp?TN=sctrca&XID=6433 https://sctrca.sctrca.org/FrontEnd/VendorSearchPublic.asp?TN=sctrca&XID=6433 https://sctrca.sctrca.org/FrontEnd/VendorSearchPublic.asp?TN=sctrca&XID=6433 https://sctrca.sctrca.org/FrontEnd/VendorSearchPublic.asp?TN=sctrca&XID=6433 https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp https://mycpa.cpa.state.tx.us/tpasscmblsearch/index.jsp http://www.edwardsaquifer.org/about/eaa/doing-business-with-the-eaa

A4-4

c. List M/WBEs you contacted to let them know about subcontracting opportunities on this project.

Company Name Date Notice sent

(mm/dd/yyyy)

M/WBE

Responded?

M/WBE

Selected?

d. Provide a brief reason why each responsive M/WBE in SECTION 4, item C above was not selected as a subcontractor on this project.

A4-5

SECTION – 5

AFFIRMATION

As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the PROJECT SUBCONTRACTING PLAN is true and correct. Respondent understands and agrees that, if awarded any portion of the contract:

The respondent must submit monthly Subcontractor Utilization Reports to the EAA (or its designated contracting agency), which includes the use of and expenditures made to its subcontractors (both M/WBEs and Non-M/WBEs).

The respondent must seek approval from the EAA prior to making any modifications to its PROJECT SUBCONTRACTING PLAN, including the hiring of additional or different subcontractor and the termination of a subcontractor the respondent identified in its PROJECT SUBCONTRACTING PLAN.

Signature Printed Name

Title Date

B-1

ATTACHMENT B1

CLIENT REFERENCE

For each reference, complete the following information:

Client Name: ___________________________________________________

Client Contact Name: ____________________________________________

Position: ______________________________________________________

Client Address: _________________________________________________

Client Telephone Number(s): ______________________________________

Date Contract Began: ____________________________________________

Description of Services: __________________________________________

Cost: _________________________________________________________

B-2

ATTACHMENT B2

Client Contact Name: ____________________________________________

Position: ______________________________________________________

Client Address: _________________________________________________

Client Telephone Number(s): ______________________________________

Date Contract Began: ____________________________________________

Description of Services: __________________________________________

B-3

ATTACHMENT B3

Client Contact Name: ____________________________________________

Position: ______________________________________________________

Client Address: _________________________________________________

Client Telephone Number(s): ______________________________________

Date Contract Began: ____________________________________________

Description of Services: __________________________________________

C1

ATTACHMENT C

FOR INFORMATIONAL PURPOSES ONLY

CONTRACT NO. XXX-XX-XXX

BETWEEN THE

EDWARDS AQUIFER AUTHORITY

AND

[Insert the CONTRACTOR’S NAME] FOR [Insert the NAME OF THE PROJECT]

This Contract is made and entered into by and between the EDWARDS AQUIFER

AUTHORITY (EAA), a political subdivision of the State of Texas, with its principal place of business located at 900 E. Quincy Street, San Antonio, Texas 78215, and [Insert the CONTRACTOR’S NAME] (Contractor), a [Insert the nature of the Contractor] with its principal place of business located at [Insert Contractor’s physical business address]. Each of these entities is, at times, referred to in this Contract individually as a "Party," and both are referred to collectively as "Parties."

RECITALS

WHEREAS, the EAA was created by the Edwards Aquifer Authority Act, Act of May 30, 1993, 73rd Leg., R.S., ch. 626, 1993 Tex. Gen. Laws 2350, as amended (Act); and

WHEREAS, under Section 1.02 of the Act, the EAA is a conservation and reclamation district created by virtue of Article XVI, Section 59, Texas Constitution, and is a governmental agency and body politic and corporate vested with the full authority to exercise the powers and to perform the functions specified in the Act, and other applicable law; and

WHEREAS, under Section 1.08(a) of the Act, the EAA has all the powers, rights and privileges necessary to manage, conserve, preserve, and protect the Edwards Aquifer (Aquifer) and to increase the recharge of, and prevent the waste or pollution of water in, the Aquifer; and

WHEREAS, under Section 1.11(d)(2) of the Act, the EAA may enter into contracts; and

WHEREAS, the EAA Board of Directors (Board) approved this Contract on [Insert date], and authorized the EAA General Manager to execute the Contract; and

WHEREAS, [Insert basic description of the transaction]; and

WHEREAS, it is in the public interest that the EAA enter into this Contract.

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AGREEMENT

NOW THEREFORE, for and in consideration of the mutual promises and agreements set forth in this Contract, the sufficiency of which is hereby acknowledged, the EAA and the Contractor agree as follows:

ARTICLE I – TERM; DESCRIPTION OF WORK

Section 1.1. Term. This Contract is effective and commences on [Insert date] (Effective Date) and terminates on [Insert date] (Expiration Date).

Section 1.2. Services. Subject to the terms and conditions of this Contract, the EAA engages the Contractor to perform, for the benefit of the EAA, the work set forth and described in this Contract and in the following documents (Services) : (1) the Scope of Work which is attached hereto as Exhibit A; (2) the Task Budget which is attached hereto as Exhibit B; (3) the Labor Categories, Rates & Personnel Chart which is attached hereto as Exhibit C; and (4) [Add other Exhibits as needed]. The Contractor accepts such engagement and agrees to devote its best efforts and abilities, and furnish all necessary labor, machinery, equipment, tools, and transportation necessary in furtherance thereof.

Section 1.3. Commencement and Completion of Services. The Contractor will commence performing the Services immediately upon the date of receipt of the written notice to proceed issued by the EAA’s General Manager. All Services will be completed and delivered to the EAA by the Expiration Date and shall be completed in compliance with the schedules, budgets, descriptions and specifications contained herein and in the Exhibits attached hereto. It shall be the Contractor’s responsibility to ensure that the completion times for the Services are met. [[Add if applicable: “At the sole option of the EAA, this Contract may be renewed and extended for up to [Insert number] periods of one additional year each, with such election made by the EAA giving the Contractor written notice to renew and extend this Contract prior to the end of the then Contract period.”]] Time is of the essence in the performance of this Contract.

ARTICLE II – AMENDMENTS

Section 2.1. This Contract may be amended only by written agreement of the Parties.

Section 2.2. Amendments by the General Manager. The Board delegates the authority to the General Manager to enter into amendments to this Contract without further authorization by the Board consistent with the General Manager’s authority to enter into contracts under Section

5.01 of the EAA’s Bylaws.

ARTICLE III – COMPENSATION

Section 3.1. Fees and Expenses. The EAA agrees to pay the Contractor for the Services rendered in accordance with the Scope of Work, Task Budget, and Labor Categories, Rates & Personnel Chart, but in no event shall payments to the Contractor exceed $_______________. The Contractor may not exceed this amount and will be responsible for the payment of all of its other

C3 additional costs and expenses. The Contractor is not authorized to expend any additional funds in excess of this amount without the prior written approval from the EAA. The EAA will not be held accountable for any unauthorized work performed or funds expended by the Contractor in providing the Services.

Section 3.2. Payment. All “invoice packets” from the Contractor to the EAA for the Services for each previous month’s activities shall be sent no later than the 15th day of each month beginning [insert date] ___________, and shall provide an itemization of the Services rendered, costs and expenses incurred during the billing cycle. Documentation in the invoice packet must be sufficiently itemized and detailed and include invoices and/or receipts for all purchases and expenses (summary credit card charge receipts are not acceptable), which allows the EAA to clearly discern purchases made. Purchases and expenses documented with lost receipt forms are not eligible for reimbursement. Receipts without purchase details or that are not legible are not acceptable at any time. Alcohol purchases will NOT be reimbursed under any circumstances.

Mileage will be reimbursed at the current IRS approved rate, if submitted. Each invoice packet shall contain, at a minimum a progress report containing: (1) a description of the work completed in each task in the Scope of Work during the billing cycle, (2) a monthly update of the work schedule as it relates to achievement of the deliverables, (3) an estimate of the percent completion of each task in the Scope of Work, and (4) a discussion of any issues or problems that may result in a change in the deliverable due date; and a certified invoice summary sheet. The monthly invoice packet will be submitted electronically in Adobe Acrobat (pdf) format via email to the [insert EAA title]_________ at [insert email address]___________ and accounting@edwardsaquifer.org. If the Contractor utilizes subcontractors (see Article V), the Contractor shall submit a Subcontractor Utilization Report with each invoice submitted to the EAA for payment. The terms of each invoice shall be net thirty (30) days upon EAA receipt and approval of that invoice.

ARTICLE IV – INDEPENDENT CONTRACTOR

Section 4.1. No Employment Relationship. The Parties understand and agree that this Contract does not create a fiduciary relationship between them, that they are separate entities, that the Contractor is an independent contractor with respect to the performance of the Services and is not subject to the direct or continuous control or supervision of the EAA, and that nothing in this Contract is intended to make either Party a subsidiary, joint venturer, partner, employee, agent, servant or representative of the other Party for any purpose whatsoever. The Contractor shall provide any and all equipment, materials and personnel necessary for the performance of the Services. The EAA shall have no right of direction or control of the Contractor, or its employees, agents, or subcontractors, except in the results to be obtained, and in a general right to order the performance of the Services to start or stop as agreed to herein, to inspect the progress of the Services, and to receive reports. The Contractor shall accommodate reasonable requests from the EAA to allow EAA employees, agents or representatives to accompany and observe Contractor personnel, agents, and subcontractors in carrying out the Services.

C4

ARTICLE V – CONTRACTOR PERSONNEL AND SUBCONTRACTORS

Section 5.1. Personnel. The Contractor will provide any and all personnel necessary for its performance of the Services. The Contractor will be responsible for its employees and agents in all respects, including, without limitation, their compliance with applicable laws and their safety, including without limitation, all Occupational Safety and Health Administration (OSHA) standards, requirements, and regulations. The Contractor indemnifies and holds harmless the EAA, and its directors, officers, employees, and agents, from and against any claims brought by any employee, subcontractor or other agent of the Contractor relating in any way to the Services.

Section 5.2. Subcontractors. In performing the Services, the Contractor may retain and utilize as its subcontractors, those individuals identified to and approved in writing by the EAA.

The EAA, in consultation with the Contractor, shall have the right to terminate, limit, or alter, at any time, the participation of any approved subcontractor utilized by the Contractor. No additional subcontractors may be retained by the Contractor to perform any Services without the prior written consent of the EAA. The Contractor will be responsible for its subcontractors in all respects including their compliance with applicable laws and their safety, including without limitation, all OSHA standards, requirements, and regulations.

APPROVED SUBCONSTRACTOR(S):

Subcontracting services may be provided by:

• [insert name of subcontractor(s) or “if none”, delete this section]

ARTICLE VI – TERMINATION

Section 6.1. Termination. The EAA may terminate this Contract at any time, including at the expiration of each budget or payment period during the term of this Contract, with or without cause, upon ten (10) days’ prior written notice to the Contractor. Upon receipt of such termination notice, the Contractor shall immediately stop all work in progress, including all work performed by its employees, agents, or subcontractors. Insofar as possible, all work in progress will be brought to a logical termination point. Within thirty (30) days of the final invoice following termination, the EAA shall pay the Contractor all moneys then due and owing for the Services rendered, costs and expenses reasonably incurred up to the time of termination.

ARTICLE VII – OWNERSHIP OF MATERIALS

Section 7.1. Ownership. All information, documents, property, or materials produced, created, or supplied under this Contract by the Contractor, its employees, agents, or subcontractors or anyone else, and whether finished or unfinished or in draft or final form, will be the property of the EAA.