ESBD_431015_1752775494121_802-26-61117_ Artificial Reef.pdf

Texas Parks and Wildlife Department Purchasing and Contracting C-1

4200 Smith School Road Austin, Texas 78744

REQUEST FOR PROPOSALS

RFP No. 802-26-61117

Construction and Deployment of Artificial Reef Materials at

Sabine Deep Reef (HI-54), Port O’Connor Nearshore Reef

(MI-562)

NIGP Class/Items: 959-65

RFP Issue Date: July 17, 2025

Questions Due: July 28, 2025; 2:00 PM CT

Proposal Due Date: August 7, 2025; 2:00 PM CT

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

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.

mailto:Purchasing.bidbox@tpwd.texas.gov

RFP No. 802-26-61117 Page 2 of 55

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 and Specifications

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. Subcontracting

14. HUB Subcontracting Plan

15. Contract Administration

16. Invoicing and Payment

SECTION II – PROPOSAL REQUIREMENTS

1. Schedule of Events

2. Inquiries

3. Proposal Content

4. Proposal Submission

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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 – COMPENSATION AND FEES SCHEDULE

EXHIBIT D – COMPANY PROFILE

EXHIBIT E – KEY PERSONNEL

EXHIBIT F – PAST PROJECTS WITH CORRESPONDING REFERENCES

EXHIBIT G – TECHNICAL PROPOSAL

EXHIBIT H – EQUIPMENT LIST

EXHIBIT I RESTORE ACT

EXHIBIT J – RESPONSE SUBMISSION CHECKLIST

ATTACHMENT 1 – DEEP SABINE REEF SITE

ATTACHMENT 2 – PORT O’CONNER NEARSHORE REEF SITE

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SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. INTRODUCTION

1.1. Texas Parks and Wildlife Department (TPWD) is soliciting proposals to establish blanket contracts for Construction and Deployment of Artificial Reef Materials. The initial project will occur at two (2) Reef Sites in the Gulf of Mexico: Sabine Deep Reef (HI-54), and Port O’Connor Nearshore Reef (MI-562) per the following Statement of Work (Section 6.2). Initial projects must be completed by February 28, 2026. After completion of initial projects, additional services will be on an “as needed” basis through the contract term. (See Section 3.2)

1.2. TPWD Artificial Reef Program (ARP) requires a contractor to provide all labor, equipment, materials, any permits not related to the reef site and any other items as the contractor deems necessary to manufacture and deploy the reef units to the designated site offshore in accordance with terms and conditions as set forth herein.

A total of 500 concrete Mid-relief (pyramids)and 300 low-relief (reef plates) will be deployed at the two reef sites as listed in the Statement of Work (Section 6.2) for specific configurations as determined by ARP.

1.3. Initial projects will take place at: 1.) Sabine Deep Reef (Outer Continental Shelf – OCS –block High Island Area Block 54), located nine (9.1) nautical miles offshore and thirteen (13.4) nautical miles from the Sabine Pass Jetties in the Gulf of Mexico offshore Texas (Attachment 1). Water depth is approximately 45 ft. 2.) Port O’Connor Nearshore Reef (OCS Matagorda Island 562), located six nautical miles offshore. Water depth is approximately 66ft (Attachment 2).

1.4. TPWD reserves the right to modify amount of material at time of award, and as future projects are awarded, based on bid pricing or the needs of TPWD Artificial Reef Program as determined to be the best value to the state.

2. BACKGROUND

2.1. The Artificial Reef Project (ARP) had its formal beginnings in 1989 when the Texas legislature approved the

Artificial Reef Act. Subsequently, the Texas Artificial Reef Management Plan was approved by the TPWD Commission in 1990, thereby establishing the ARP. The Program is part of the TPWD Coastal Fisheries Division. Its mission is to enhance and conserve marine habitat in the Gulf of Mexico through the use of man-made materials. These materials generally have interstitial spaces for marine organisms to hide, live, and grow on; will remain upright during average sea conditions including storm events and will not fall over or move significantly; are of material that will last twenty (20) or more years; and do not contain any hazardous materials that would adversely impact the environment.

2.2. Sabine Deep Reef (HI-54) is a newly permitted 160-acre reef located in Texas state waters and is approximately thirteen (13.4) nautical miles, SE of the Sabine Pass Jetties. Port O’Connor Nearshore Reef (MI-

562) is a permitted 381-acre reef. It is located in Texas state waters and is approximately six nautical miles from the Port O’Connor Jetties. Both reefs were permitted with support from local fishing communities, private donations, and the Coastal Conservation Association and Building Conservation Trust organizations. Recent support and funding was obtained from a RESTORE grant funded by a federal financial assistance award from the U.S Department of Treasury through the Texas Commission of Environmental Quality. The materials used in this project will provide low- and mid-relief (reef plates and pyramids) structures for reef fish, with a focus on juvenile red snapper.

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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 identify qualified vendors and award multiple contracts for to provide artificial reef marine services as described herein. It is TPWD’s sole discretion to determine best value. After award, TPWD will identify individual projects as they become available by issuing a Scope of Work detailing the work to be performed for each project. In such cases, the Contractor shall provide a written quotation for performing the additional services. TPWD will select a contractor that is determined to provide the best value to the agency for each project. An amendment will be executed for additional projects.

4. CONTRACT TERM

4.1. Initial Contract Term: The contract shall commence on September 1, 2025 and must be completed no later than August 31, 2027, unless sooner terminated under the terms of the contract. Initial projects must be completed by February 28, 2026.

4.2. Renewal Option: Contract may be renewed for up to three (3) 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 vendor.

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 constructing and placement of artificial reef structures and materials similar in type and quantity to those listed herein for a minimum of two (2) years within the past five (5) years. 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.)

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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 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 with proposal to provide documentation to support the above qualifications. (Ref: Section II, Subsection 3.3.)

6. SCOPE OF WORK AND SPECIFICATIONS

Contractor shall provide the Placement of Artificial Reef Material Services in accordance with the following specifications:

6.1. PLACEMENT OF UP TO 300 LOW-RELIEF REEF UNITS (PLATES) AND 500 MID-RELIEF UNITS

(PYRAMIDS) AT SABINE DEEP REEF (HI-54) AND PORT O’CONNOR NEARSHORE REEF (MI-562)

6.1.1 The contractor shall provide all labor, equipment, materials, any permits not related to the reef site and any other items as the contractor deems necessary to manufacture and deploy the reef units to the designated site offshore in accordance with terms and conditions as set forth herein.

6.1.2 TPWD does not have a staging area available; this will be the responsibility of the contractor to locate, if needed.

6.1.3 Factors outside of TPWD’s control may affect the amount of services needed including, but not limited to, weather.

6.1.4 All marine work must be completed during daylight hours.

6.1.5 Deploy the materials on the sea floor per specifications. See Deployment Specifications and Requirements (Section 6.5) and (Attachments 1-3).

6.1.6 Verify the depth of the materials placed on the sea floor and ensure clearance requirements are met. See Deployment Specifications and Requirements (Section 6.5).

The location of each reef unit deployed must be documented by Global Positioning Data (GPS) in NAD83 or WGS84 format by the contractor and certified by a marine surveyor/hydrographer/land surveyor no more than thirty (30) days after the date of deployment. Acquisition of the survey data may require repositioning of the vessel and/or making passes over the deployment site to document the location of each individual reef unit. The time required to obtain the survey data is included in the contractor’s lump sum price in Proposal Schedule. See Survey and Certification Requirements (Section 6.3).

6.1.7 Deliver to TPWD’s location all required deliverables no later than 5:00 P.M. Central

Time on February 28, 2026. See Deliverables in (Section 6.6).

6.2. STATEMENT OF WORK:

6.2.1 Project 1- Construction and Placement of three-hundred (300) Artificial Reef

Pyramids and one hundred (100) Low-Relief plates at Sabine Deep Reef (HI-54).

6.2.1.1 Contractor shall provide turnkey services which include: proposing a predesigned artificial reef unit as specified in Description of Materials in (Section 6.4), manufacturing three-hundred (300) individual pyramid reef

RFP No. 802-25-61117 Page 7 of 56 units and one-hundred (100) individual low-relief plates, transportation and placement of reef units at the reef site in an upright position (reef base on bottom of ocean floor), and production of deliverables as described herein.

TPWD will provide payment for Project 1, See Project Payments in (Section 6.7).

6.2.1.2 The specific number of reef units to be manufactured and deployed in Project 1 is three-hundred (300) reef pyramids and one-hundred (100) low-relief reef plates (see price sheet, see Exhibit C – Price Sheet). Manufacture three-hundred (300) prefabricated reef pyramids designated by the TPWD ARP staff upon approval of the reef unit design. Manufacture one-hundred

(100) low-relief plates of module design designated by the TPWD ARP staff upon approval of the reef design unit. Preference will be given to those designs containing a Patent. Designs proven to be successfully used by other agencies and organizations will take priority. See Description of Materials (Section 6.4).

6.2.1.3 Transport and deploy the materials to Sabine Deep Reef (HI-54) site.

6.2.1.4 Reef Site Description and Location:

6.2.1.4.1 Sabine Deep Reef is located approximately 13.4 nautical miles from the

Sabine Pass Jetty, Texas within the boundary of OCS Block High Island

Area 54. The center of Sabine Deep Reef is located at Latitude 29° 26'

31.9189" N, Longitude 94° 15' 20.16" W (NAD83 Datum). The reef site is a 160-acre rectangle of 2640-ft by 2640-ft.

6.2.1.4.2 The boundaries of Sabine Deep Reef (HI-54) site are listed below and shown on Attachment 1.

NAD83 DATUM LATITUDE LONGITUDE

PERMITTED CENTER 29° 26’ 31.91892" N 94° 15' 20.16" W

NW CORNER 29° 26' 45.59676" N 94° 15' 34.55208" W

NE CORNER 29° 26' 44.51892" N 94° 15' 5.05368" W

SE CORNER 29° 26' 18.24108" N 94° 15' 6.12504" W

SW CORNER 29° 26' 19.31892" N 94° 15' 36.00756" W

6.2.1.4.3 The Deployment Zone for these reef units shall be designated by

TPWD ARP upon award but will generally be defined within the 160 acre Sabine Deep Reef (HI-54; 2640-ft wide by 2640-ft long). The

RFP No. 802-25-61117 Page 8 of 56 water depth at Sabine Deep Reef (HI-54) is approximately 45 feet (ft.)

throughout the site. Within the deployment zones, the bottom is believed to be free of major obstructions. All reef materials placed within the reef site must meet the US Coast Guard’s 30 ft. Mean Low

Low Water (MLLW) clearance requirement for this permitted reef site.

6.2.2 Project 2 - Construction and Placement of two-hundred (200) Artificial Reef Pyramids and two hundred (200) Low-Relief plates at the Port O’Connor Nearshore Reef Site (MI-562).

6.2.2.1 Contractor shall provide turnkey services which include: proposing a predesigned artificial reef pyramid design as specified in Description of Materials (Section 6.4), designing a low-relief plate as specified in Section 6.4.7 below, manufacturing two-hundred (200) individual reef pyramids and two hundred (200) low-relief plates, transportation and placement of all reef units at the reef site in an upright position

(reef based on bottom of ocean floor) and production of deliverables as described herein.

6.2.2.2 The specific number of pyramid reefs to be manufactured and deployed is two-hundred (200) and two hundred (200) low-relief reef plates. Manufacture two-hundred (200) prefabricated reef pyramids of semi-enclosed design designated by the TPWD ARP staff upon approval of the reef unit design. (See Description of

Materials in Section (6.4). Manufacture two-hundred(200) low relief reef plates of module design designated by the TPWD ARP staff upon approval of the reef unit design. Preference will be given to those designs containing a Patent, for both, mid-relief (pyramids) and low-relief (reef plates).

6.2.2.3 Transport and deploy the materials to Port O’Connor Nearshore Reef (MI-562)

6.2.2.4 Reef Site Description and Location:

6.2.2.4.1 The Port O’Connor Nearshore Reef, a component of the TPWD ARP, is located approximately six nautical miles from the Port O’Connor

Jetties, Texas within the boundary of OCS Block Mustang Island Area

562. The center of Port O’Connor Nearshore Reef is located at

Latitude 28° 13' 55.76" N, Longitude 96° 23' 06.79" W (NAD83 Datum).

The reef site is a 381-acre rectangle of 3029-ft by 5476-ft.

6.2.2.4.2 The boundaries of Port O’Connor Nearshore Reef (MI-562) site are listed below and shown on Attachment 2.

NAD83 DATUM LATITUDE LONGITUDE

PERMITTED CENTER 28° 13' 55.76" N 96° 23' 06.79" W

NW CORNER 28° 14' 11.35" N 96° 23' 37.01" W

NE CORNER 28° 14' 10.14" N 96° 22' 35.81" W

SE CORNER 28° 13' 40.16" N 96° 22' 36.57" W

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6.2.2.5 The Deployment Zone for these reef units shall be designated by TPWD ARP upon award but will generally be defined within the 381 Port O’Connor

Nearshore Reef (MI-562; 3029-ft wide by 5476-ft long). The water depth at

Port O’Connor Nearshore Reef (MI-562) is approximately 66 feet (ft.) within the deployment zones, the bottom is believed to be free of major obstructions.

All reef materials placed within the reef site must meet the US Coast Guard’s

30 ft. Mean Low Low Water (MLLW) clearance requirement for this permitted reef.

6.3. SURVEY AND CERTIFICATION REQUIREMENTS:

6.3.1. To ensure accurate placement of reef materials within the designated location at the reef

6.3.2. sites, TPWD requires the vessel be equipped with a fully operational “differential” global positioning system (DGPS.). A marine survey/hydrographer/land surveyor contracted by awardee shall document the final location of the EACH INDIVIDUAL reef pyramid and EACH CLUSTER (4) of low-relief reef units and associated water depth through side-scan methodology or similar agreed upon methodology. The surveyor contracted by the awardee must ensure that during all placement operations the vessel is positioned over the coordinates supplied by TPWD for placing the structures; and the surveyor must record the placement locations of reef material as deployed on the reef site. Contractor shall provide vessel services as may be required by his surveyor. Contractor shall be responsible for documenting the location of each piece of material deployed and the water depth.

6.3.3. Contractor shall accommodate two additional TPWD staff observers on board during the placement operation, if requested by TPWD. The TPWD observers will not verify any navigational decisions taken by the contractor or the marine surveyor. The TPWD observers are not authorized to accept or reject any of the contractor’s work, nor authorized to alter the terms of this agreement. The contractor shall notify TPWD one week prior to commencement of loading operations and 48 hours prior to departure for the reef site.

6.3.4. To ensure the strict clearance (clear water over reef structures) requirements are met, the Contractor is responsible for providing divers, multibeam sonar or some other agreed method to measure the depth of the shallowest structures during the deployment of reef units and after the deployment is completed.

6.3.5. To ensure accurate placement of this reef material inside the reef site and within the designated deployment zone, the TPWD requires the contractor document each individual reef unit location by GPS in WGS84 or NAD83 Datum along with water depth.

6.3.6. The estimated amount of vessel time required to obtain survey data is eight (8) hours. In the event the estimated time is insufficient to acquire the data, contractor shall provide additional crew and vessel services.

6.4. DESCRIPTION OF MATERIALS:

SW CORNER 28° 13' 41.37" N 96° 23' 37.77" W

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6.4.1. 500 Mid-Relief Pyramids: Design shall be three (3) or four (4) sided, stable on the bottom, shall not fall over in strong currents, and can be easily placed on the bottom in an upright position.

6.4.1.1. Dimensions shall be approximately ten (10) feet wide by eight (8) feet tall. Wall thickness must be at least three (3) inches.

6.4.1.2. The designed reef unit shall be constructed of concrete, supported by rebar or other support, and be of semi-enclosed design.

6.4.1.3. Reef module shall have limestone rock embedded in the concrete for attachment by sessile marine organisms, have openings or windows on each side and have a sufficient footprint design to prevent it from sinking significantly into the bottom over time.

6.4.1.4. No open-bottom modules are allowed that include additional modules, discs, or other materials stacked or placed on or immediately adjacent to the top opening, as they may prevent turtles from easily escaping.

6.4.2. Materials having projections or sharp edges on which nets, monofilament, and other types of lines may become entangled shall not be used to the extent practicable, including concrete reinforced with steel rebar, unless the rebar is completely contained within the concrete or is cut off flush with the surface of the concrete.

6.4.3. Possible entrapment of sea turtles is of concern, so modules will include a cutout at the top of one side. This opening must be at least 55” wide to allow for escapement of turtles as seen in the example diagram below:

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6.4.4. Reef structures, materials, and installation methods shall be designed and deployed to prevent entanglement and entrapment of listed species.

6.4.5. 300 Low-Relief Reef Plates: module design is described as:

6.4.5.1. The designed reef unit shall be constructed of concrete, supported by rebar or other support, and have three (3) cinder blocks placed systematically in each corner.

6.4.5.2. Design shall be four (4) sided, stable on the bottom, shall not fall over in strong currents, and can be easily placed on the bottom in an upright position, preferably through crane deployment. Dimensions should be at least 6ft x 6ft x1.5ft, but preferably 10ft x 10ft x 1.5ft.

6.4.5.3. Reef shall be comprised of concrete and rebar (or similar support) for a long lifespan, have crushed gravel or limestone rock embedded in the open regions of the concrete for attachment by sessile marine organisms, have cinder blocks (8 in x

8 in x 16 in) placed in each corner, and have a sufficient footprint design to prevent it from sinking significantly into the bottom over time.

6.4.5.4. The unit shall have three (3) cinder blocks placed in each corner. One half (90) of the low relief units will have the cinder blocks with the hole side up; the other half

(90) will have the cinder blocks with the holes on the sides. Cinder blocks will be placed three (3) inches apart from each other leaving a gap between structures, as seen in diagrams below:

6 ft

6.4.5.5. Reef plate thickness must be at least 16 inches. The interior of the plate will be covered with 1-3-inch rock adhered to the plate by concrete to create a rough area for the settlement of juvenile red snapper.

Materials having projections or sharp edges on which nets, monofilament, and other types of lines may become entangled shall not be used to the extent practicable.

6.5. DEPLOYMENT SPECIFICATIONS AND REQUIREMENTS:

6.5.1. The Contractor is responsible for placing all materials within the deployment zones as described above. TPWD reserves the right to alter, by written notification, the location of deployment zones up to forty-eight (48) hours prior to the Contractor’s departure for the reef site, but in any case, all reef materials shall be placed within the boundaries of two reef sites:

Sabine Deep Reef and Port O’Connor Reef.

6.5.2. Contractor shall be responsible for determining the best method for ensuring reef units are ft

RFP No. 802-25-61117 Page 12 of 56 deployed inside the designated reef zones and all reef modules sit in an upright position on the ocean floor. All arrangements for labor and equipment required to load or transport the reef units, including rental or lease of cranes, lift barge or other equipment and the hiring of labor such as stevedores or crane operators, are the responsibility of the contractor to locate if needed.

6.5.3. Multibeam sonar / Side scan sonar must be used to ensure that no reef structures exceed the required Mean Low Water (MLLW) measures and provide accurate locational data.

6.5.4. The Contractor’s submitted proposal shall be inclusive of a deployment plan for all reef sites and the plan shall include a methodology for verifying that all deployed structures meet the requirements as throughout this agreement. Failure to submit a design/plan that is consistent with the requirements of this agreement may cause the proposal to be rejected as non-compliant.

6.5.5. The deployment of artificial reef materials shall be implemented within the permitted area, avoiding any existing artificial or natural reef materials as well as any identified hard outcrops, uneven surfaces, or geologic features.

6.5.6. TPWD Project Manager shall oversee and ensure that the contractor is aware of and adheres to National Marine Fisheries Service’s (NMFS) SERO’s Protected Species

Construction Conditions (2021) and Vessel Strike Avoidance Measures (2021).

6.5.7. All on-site project personnel are responsible for observing water-related activities for the presence of protected species. All personnel shall be advised that there are civil and criminal penalties for harming, harassing, or killing ESA-listed species or marine mammals.

To determine which species may be found in the project area, please review the relevant

Protected Species List at:

http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/index.html

6.5.8. The successful Contractor agrees to report any interactions with protected species.

6.5.9. Any collision(s) with and/or injury to any sea turtle, sawfish, whale, or sturgeon occurring during the construction of a project, shall be reported immediately to National Marine

Fisheries Service Protected Resources Division at (1-727-824-5312) or by email to takereport.nmfsser@noaa.gov and SAJ-RD-Enforcement@usace.army.mil.

6.5.10. Any observation of entrapped marine turtles or marine mammals on this artificial reef site should be reported immediately to the National Oceanic and Atmospheric (NOAA) Sea

Turtle Stranding Hotline by telephone at 1-866-TURTLE5 (1-866-887-8535).The contractor shall keep a log detailing sightings or interactions with ESA-listed species and a report shall be provided to the relevant agency.

6.5.11. All contracted vessel operators must watch for and avoid collision with species protected under the Endangered Species Act and Marine Mammal Protection Act. Vessel operators must avoid potential interactions with protected species and operate in accordance with the following protective measures:

6.5.11.1. All vessels associated with the deployment project shall operate at “Idle http://sero.nmfs.noaa.gov/protected_resources/section_7/threatened_endangered/index.html mailto:takereport.nmfsser@noaa.gov mailto:SAJ-RD-Enforcement@usace.army.mil

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Speed/No Wake” at all times while operating in water depths where the draft of the vessel provides less than a 4-foot (ft) clearance from the bottom, and in all depths after a protected species has been observed until the species has departed the area.

6.5.11.2. All vessels will follow marked channels and/or routes using the maximum water depth whenever possible.

6.5.11.3. If ESA-listed species are seen within 300 ft (100 yds) of the active work zone or vessel movements, all deployment activities shall cease immediately. If the detection of species is not possible during certain weather conditions (e.g., fog, rain, wind), then in-water operations will cease until weather conditions improve and detection is again feasible.

6.5.12. All Contracted Vessels will:

6.5.12.1. Maintain a minimum distance of 150 ft. from Sea Turtles.

6.5.12.2. Maintain a minimum distance of 300 ft from Marine mammals (i.e., dolphins, whales, and porpoises).

6.5.12.3. When these animals are sighted while the vessel is underway (e.g., bow riding), attempt to remain parallel to the animal’s course. Avoid excessive speed or abrupt changes in direction until they have left the area.

6.5.12.4. Reduce speed to ten (10) knots or less when mother/calf pairs or groups of marine mammals are observed, when safety permits.

6.5.13. All conditions identified in the U.S. Army Corps of Engineers (USACE) permits and

Texas General Land Office (GLO) subsurface leases associated with these sites shall be adhered to. Copies of these documents are available through the TPWD Artificial

Reef Program (281-534-0103).

6.5.14. All navigation safety measures shall be followed.

6.5.15. In the event of a discharge of oil or release of hazardous substances, the release shall be reported immediately to the National Response Center (800-424-8802) and Texas

Emergency Oil Spill and Hazardous Substance Reporting line (800-832-8224) as required.

6.5.16. Personal protective equipment shall be required for all construction personnel and authorized access zones shall be established at the perimeter of the worksite during construction.

6.6. DELIVERABLES:

6.6.1. Deliverables for initial projects are due at the TPWD office no later than 5:00pm, CT

February 28, 2026.

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6.6.2. Deliverables consist of the following:

6.6.2.1. Prior to deployment: confirmation that all pyramids and low-relief reef units have been manufactured as per the specifications directed in the award. Confirmation shall be obtained by written manifest from contractor with photos showing pyramids and low-relief plates to scale.

6.6.2.2. Delivery and successful deployment of all reef materials within the designated deployment zones, in accordance with the specifications herein. Confirmation shall be shown through sidescan sonar imagery as stated in 6.3 above.

6.6.2.3. Memorandum/database confirming the GPS location of each individual reef pyramid and low-relief reef unit deployed by contractor and that all clearance requirements have been met by measurements made by the contractor using multibeam sonar or some other accepted method. The memorandum must include the actual GPS coordinates of each reef unit.

6.6.2.4. Contractor shall supply two (2) hard copies and two (2) electronic copies of a bathymetric chart showing the location and water depth of each pyramid and low relief reef plate reefed at each of the three reef sites and certified by a marine surveyor/hydrographer/land surveyor. Individual locations of pyramids/reef plate clusters should be presented in an Excel spreadsheet with individual coordinates.

6.7. PROJECT PAYMENT SCHEDULE

6.7.1. TPWD will provide payment in two (2) payments for each project: 50% of Total Project cost upon the manufacture of reef materials and 50% of Total Project cost upon reefing of all reef materials.

6.7.1.1. Project 1: 50% of total Phase 1 cost upon manufacture of 300 pyramids and 100 reef plates remaining and remaining 50% upon reefing all 400 of these pyramids and plates.

6.7.1.2. Project 2: 50% of total Project 2 cost for manufacture of 200 pyramids and

200 reef plates and remaining 50% upon reefing all of these pyramids and plates.

6.8. QUANTITIES

6.8.1 The specific number of low-relief reef plates to be deployed will be 300 and 500 mid-relief concrete pyramids as specified in Section 6.4 Description of Materials above. Total quantities may vary depending on final pricing.

6.8.2 TPWD reserves the right to decrease quantities as needed for the same price. TPWD will only pay for actual services provided.

6.9. CONDITIONS AFFECTING THE WORK:

Respondents are urged and expected to study the reef site(s) by charts, TPWD Google earth map available on our webpage (https://tpwd.texas.gov/gis/ris/artificialreefs/) and any other references

RFP No. 802-25-61117 Page 15 of 56 available, and take such other steps as may be reasonably necessary to ascertain the nature and location of the work and the general and local conditions which can affect the work or cost thereof.

Failure to do so will not relieve contractor(s) from the responsibility for properly estimating the difficulty or cost of successfully completing the contract or constitute grounds for a claim after award.

TPWD will assume no responsibility for any understanding or representation concerning conditions made by any of its employees, agents, or consultants prior to the execution of the contract unless included in the contract documents.

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 of the TPWD is work outside the scope of this 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 the TPWD 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.

8. TPWD RESPONSIBILITIES

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

8.2. TPWD will furnish no material, labor, equipment, or facilities unless otherwise provided for in this 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. The successful Respondent(s) will be required to abide by TPWD policies, procedures, standards and guidelines relevant to the execution of this 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 impose remedies if the Contractor or subcontractor(s) fails to meet their responsibilities as outlined in the RFP and the terms and conditions of the contract. 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 of service and deliverables, TPWD may seek or negotiate remedies with the Contractor.

RFP No. 802-25-61117 Page 16 of 56

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 this 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 TPWD Purchaser(s) 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 this contract the following minimum insurance.

Type of Insurance Each Occurrence/Aggregate

Workers Compensation STATUTORY LIMITS

US Longshore & Harbor (USL&H)* STATUTORY

Maritime Employers Liability (Jones Act)* $1,000,000 Limit

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

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

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$1,000,000 Combined Single Limit

Vessel Pollution $1,000,000 Limit

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

Hull & Machinery (H&M) Not less than market value

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.

RFP No. 802-25-61117 Page 17 of 56

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;

purchasing.bidbox@tpwd.texas.gov.

13. SUBCONTRACTING

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

14. HUB SUBCONTRACTING PLAN

14.1. 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.

14.2. 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 this 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 this contract to be greater than $100,000 and further sets the HUB subcontracting goal at 26 % of the contract’s value.

14.3. 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.

14.4. 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.

14.5. 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 director@womencontractors.org email www.womencontractors.org website

Texas Association of African American

Chambers of Commerce

807 Brazos St., Ste. 710

Austin, TX 78701

(512) 535-5610 phone cro@taaacc.org email www.taaacc.org website

Texas Association of

Mexican American

Chambers of Commerce

606 Main St.

Buda, TX 78610

(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

Dallas/Fort Worth Minority Supplier

Development Council

8828 N. Stemmons Fwy, Ste. 550

Dallas, TX 75247

US India Chamber of

Commerce DFW

5930 LBJ Fwy, Ste. 310

Dallas, TX 75240 mailto:purchasing.bidbox@tpwd.texas.gov https://mycpa.cpa.state.tx.us/tpasscmblsearch/tpasscmblsearch.do https://www.comptroller.texas.gov/purchasing/vendor/hub/resources.php mailto:director@womencontractors.org http://www.womencontractors.org/ mailto:cro@taaacc.org http://www.taaacc.org/ mailto:president@tamacc.org http://www.tamacc.org/

RFP No. 802-25-61117 Page 18 of 56

Arlington, TX 76011

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

(214) 630-0747 phone

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

(214) 346-9559 phone

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

14.6. 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.

14.7. 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.

15. 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 Division 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:

15.1. Monitoring the contractor’s progress and performance and ensuring services conform to established specification requirements.

15.2. Managing the financial aspects of the contract including approval of payments.

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

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

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

16. INVOICING AND PAYMENT

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

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

School Road, Austin, Texas 78744.

16.2. Invoices must show:

16.2.1. Name of Contractor exactly as shown on the contract, Texas Payee Identification Number (PIN), 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

RFP No. 802-25-61117 Page 19 of 56 and correct "Remit to" address

16.2.2. Name of receiving entity

16.2.3. Contract/purchase order number

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

16.2.5. Total price

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

16.2.7. Attach supporting documentation, if required

16.3. Payment:

16.3.1. 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.

16.3.2. 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:

16.3.2.1. Contractor is in breach of this contract;

16.3.2.2. Any portion of a payment is for services that were not performed in accordance with this contract provided, however, payment shall be made for those services which were performed in accordance with this contract;

16.3.2.3. 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;

16.3.2.4. If TPWD, in good faith, determines that the balance of the unpaid fees are not sufficient to complete the services in accordance with this 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.

16.3.3. 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.

16.3.4. 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.

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

RFP No. 802-25-61117 Page 20 of 56

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: July 17, 2025

Questions Due: July 28, 2025; 2:00 PM CT

Proposal Due Date: August 7, 2025; 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 e-mailed to the point-of-contact listed in Section II, Subsection 3.1. 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.