ESBD_468492_1762910578999_126SD100-6390.pdf

REQUEST FOR PROPOSALS

FOR

CONSTRUCTION MONITORING AND RELATED

SERVICES FOR MARINE MAMMALS FOR

GALVESTON AND BOLIVAR FERRY

LANDINGS IMPROVEMENTS PROJECT

CSJ 0367-06-065

RFP No: Solicitation No: 601CT0000006390

Proposal due date: December 17, 2025, 12:00 noon (Central Time in Houston, Texas)

Posting Date: Wednesday, November 12, 2025

DEFINITIONS/ACRONYMS

(Commonly used throughout the term of the contract)

1. AASHTO – American Association of State Highway and Transportation Officials

2. ACEC – American Council of Engineering Companies

3. AJD – Approved Jurisdictional Determination

4. ANSI – American National Standards Institute

5. APE – Area of Potential Effects

6. CE – Categorical Exclusion

7. CFR – Code of Federal Regulations

8. CIA – Community Impact Assessment

9. CMBL – Certified Master Bidders List

10. CR – County Road

11. CRM – Environmental Affairs Division Cultural Resource Management

12. CSJ – Control Section Job

13. CWA – Clean Water Act

14. Delineation of waters of the U.S., including wetlands (Delineation) – Demarcation of the boundaries of a

WOTUS in accordance with USACE and EPA requirements, which currently include the 1987 USACE Wetland Delineation Manual (Technical Report Y-87-1), appropriate Regional Supplements, USACE Regulatory Guidance Letters, and other published regulatory guidance (Standard Operating Procedures, templates, forms, etc.)

15. Deliverables – Reports for environmental services

16. Department – Texas Department of Transportation (TxDOT) and/or the State of Texas

17. Determination – Preliminary study to determine whether a water of the U.S. is present.

18. Division – Environmental Affairs Division of TxDOT (ENV)

19. EA – Environmental Assessment

20. EIS – Environmental Impact Statement

21. ENV – Environmental Affairs Division of TxDOT

22. ERM – Environmental Affairs Division Environmental Resource Management

23. Environmental Services – Environmental documents, studies, research, permit applications, public involvement, training and other activities for completion of an environmental document or permit

24. EPA – U.S. Environmental Protection Agency

25. ESA – Endangered Species Act

26. FEMA – Federal Emergency Management Agency

27. FONSI – Finding of No Significant Impact

28. FHWA – Federal Highway Administration

29. FM – Farm-to-Market

30. FPPA – Farmland Protection Policy Act

31. GIS – Geographic Information Systems

32. GPS – Global Positioning System

33. HABS/HAER – Historic American Buildings Survey/Historic American Engineering Record

34. HOU – Houston District

35. HSP – HUB Subcontracting Plan

36. HUB – Historically Underutilized Business

37. ICI – Indirect and Cumulative Impact Analysis

38. IP – Individual Permit

39. ISA – Initial Site Assessment

40. LPST – Leaking Petroleum Storage Tank

41. MAPO – Meeting with Affected Property Owners

42. MOU – Memorandum of Understanding

43. MSAT – Mobile Air Source Toxics

44. NEPA – National Environmental Policy Act

45. NHPA – National Historic Preservation Act

46. NRHP – National Register of Historic Places

47. NRCS – Natural Resources Conservation Service

48. NRM – Environmental Affairs Division Natural Resource Management

49. NTE – Not to Exceed

50. NTP – Notice to Proceed

51. NWI – National Wetlands Inventory

52. NWP – Nationwide Permit

53. PAR (HUB) – Progress Assessment Report

54. PCN – Pre-Construction Notification

55. PCR – Project Coordination Request

56. PJD – Preliminary Jurisdictional Determination

57. PM – The Proposer’s designated Project Manager

58. POC – Point of Contact

59. Proposer – Any institution, firm, or individual submitting a proposal for this RFP. An institution, firm, or individual may submit a proposal on behalf of a partnership, joint venture, or other teaming arrangement in which the Proposer is the prime provider

60. QA/QC – Quality Assurance, Quality Control

61. RM – Ranch to Market

62. RFP – Request for Proposal

63. ROD – Record of Decision

64. ROE – Right of Entry

65. ROW – Right of Way

66. SGCN – Species of Greatest Conservation Need

67. SHPO – State Historic Preservation Office

68. SH – State Highway

69. SL – State Loop

70. SME – Subject Matter Experts

71. SOP – Standard Operating Procedure

72. SOW – Statement/Scope of Work

73. State – Texas Department of Transportation (TxDOT) and/or State of Texas

74. Study Area – The geographic area to be discussed in an environmental document

75. SWF – USACE Fort Worth District

76. SWG – USACE Galveston District

77. SWT – USACE Tulsa District

78. TAC – Texas Administrative Code

79. TARL – Texas Archeological Research Laboratory

80. TCEQ – Texas Commission on Environmental Quality

81. Team Member – Any institution, firm, or individual, including the Proposer, who is explicitly incorporated in the proposal to contribute staff or resources to perform work

82. Technical Expert – An institution, firm, individual, or team awarded a contract for this RFP

83. THC – Texas Historical Commission

84. TPDES – Texas Pollutant Discharge Elimination System

85. TPWD – Texas Parks and Wildlife Department

86. Transportation Activity - A construction or other project performed by the State or under its jurisdiction

87. TxDOT-ENV – Texas Department of Transportation – Environmental Affairs Division

88. TXNDD – Texas Natural Diversity Database

89. TXRAM – Texas Rapid Assessment Method

90. USACE – United States Army Corp of Engineers

91. USC – United States Code

92. USCG – United States Coast Guard

93. USFWS – United States Fish and Wildlife Service

94. USGS – United States Geological Survey

95. WA – Work Authorization

96. WOTUS – Waters of the U.S., jurisdictional limits of the USACE under the CWA, as defined in 22 CFR

§328

Scientific SpecDelwWA Page 1 of 22 126SD100-6390

TxDOT HOUSTON DISTRICT

CONSTRUCTION MONITORING AND RELATED SERVICES FOR MARINE MAMMAL FOR BOLIVAR

FERRY PROJECT

RFP Number: 126SD100-6390 Solic. ID No. 601CT0000006390 Wednesday, November 12, 2025

TxDOT’s HOU District will receive proposals until 12:00 noon, December 17, 2025 for construction monitoring and related services for marine mammals for the Galveston and Bolivar Ferry Landings Improvements project (CSJ 0367-06-065). TxDOT will award one specific deliverable contract for no more than $950,000.00.

Prospective Proposers who have received this document must notify TxDOT of their interest in the RFP by submitting a Letter of Interest which must contain the RFP Number, Proposer’s name, point of contact, mailing address, voice and fax numbers, and an email address. Proposers who have not notified TxDOT of their interest waive all claims to redress if they submit proposals that receive reduced scores because the proposals do not incorporate or respond to clarifications or amendments to the RFP package. Letters of Interest must be submitted in the Vendor Notifications Section of Bonfire.

Throughout this solicitation process, all questions or requests for clarifications must be submitted in the Vendor Notifications Section of Bonfire. Prospective Proposers are highly encouraged to submit their questions and requests for clarifications early. The deadline to submit questions/clarification requests is 5:00 PM, Monday, December 1, 2025.

Point of Contact: Carmen Staicu Phone No.: (713) 802-5139 E-Mail: Carmen.Staicu@txdot.gov

TxDOT has determined that subcontracting opportunities are not probable in connection with this solicitation;

therefore, respondents are not required to submit an up-to-date HUB Subcontracting Plan (HSP) with their proposal at the time of submission. If during the term of the contract subcontractors are used in the delivery of the goods and/or services, the contractor will be required to complete a HSP to verify their intent to subcontract and show their good faith effort to contract with HUBs. In addition, the contractor will be required to submit monthly, a “Prime Contractor Progress Assessment Report” and “HUB Subcontracting Plan (HSP) Progress Compliance Form - 2579”, to the point-of-contact of the contract and Civil Rights Division."

This RFP is divided into four major parts as follows:

Part I: General Information and Proposal Guidelines Part II: Evaluation Plan Part III: Proposal Submittal Part IV: Attachments to the RFP

This RFP is issued under rules governing procurement of scientific services and other services (43 TAC §§9.80- 9.89). Contract award will be made on the basis of qualifications and costs. TxDOT reserves the right to hold discussions with qualified Proposers to obtain their best and final offers.

Because this RFP differs from previous solicitations, Prospective Proposers must familiarize themselves with the entire RFP package to maximize their potential award and successful performance, if awarded a contract.

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PART I

GENERAL INFORMATION AND PROPOSAL GUIDELINES

1. SCOPE

TxDOT Houston District is soliciting proposals for construction monitoring and related services for marine mammals for the Galveston and Bolivar Ferry Landings Improvements project (CSJ 0367-06-065). These services are required for transportation activities under federal and state statuses as set forth identified under 23 CFR 771, 43 TAC Part 1, Chapter 2 and other regulations related to compliance with federal and state environmental standards.

2. BACKGROUND

The State will award one specific deliverable contract. Services will be purchased with State funds and performed under work authorization issued by the Houston District. Services will be performed on a cost reimbursement basis limited to a cap established in work authorization.

3. STATEMENT OF WORK

This RFP describes the services that may be requested by TxDOT. Specifications for the work to be performed are contained in the contract attached to this RFP as Attachment B.

4. IMPORTANT DATES

Deadline for Questions/Requests for Clarification 5 PM, Monday, December 1, 2025 Proposal Submission Date 12:00 noon, Monday, December 17, 2025 Notice of Award Upon approval of Houston District Engineer or designee Kickoff Meeting 14 calendar days or less after award of contract

5. ACCEPTANCE OF PROPOSAL

The State reserves the right to accept or reject any or all proposals or to waive any technicalities. Failure to comply with the requirements of this RFP will eliminate the proposal from further consideration. This RFP may be cancelled and any or all proposals may be rejected in whole or in part when it is in the best interest of the State.

6. AWARD SELECTION

The Proposer selected for the award will be chosen on the basis of the proposals deemed to provide the best value and greatest benefit for the State, not necessarily on the basis of lowest price.

7. PROPOSAL PREPARATION COSTS

The Proposer shall wholly absorb all costs incurred in the preparation and presentation of the proposal. All supporting documentation, reports, and/or manuals submitted with the proposal(s) will become the property of the State.

8. CONTRACTUAL OBLIGATIONS

The selected Proposer will be considered as prime contractors and shall assume the total responsibility for the services described. Proposal contents of the selected Proposer shall be considered as contractual obligations.

Proposer shall assume a contractual obligation to the State to provide the services of all institutions, firms, or individuals named in the proposal as subproviders. Failure to meet obligations may result in cancellation of the contract.

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PART II

EVALUATION PLAN

1. PROPOSAL EVALUATION: Proposal evaluation will be based on two sets of criteria: the Proposer’s qualifications and the cost to the State for completing the services. Each of the criteria will be scored separately.

The State will award one proposer with the highest combined scores and deemed to be the best value to the State.

70% Qualifications and Experience of the Proposing Firm and Team 30% Pricing/Cost to the State

A Proposer or team member may be listed as a team member on more than one proposal. A Proposer awarded a contract may serve as a subprovider on any of the remaining contracts.

2. PROPOSER QUALIFICATIONS: Award will be based in part on the qualifications listed in this section. The State reserves the right to audit proposer and Technical Expert qualifications.

2.1. Mandatory Provider Requirements. Proposers shall demonstrate that they meet the following qualifications. Failure to meet the mandatory provider requirements below shall result in disqualification of the proposal.

2.1.1. Key Staff Qualifications. The Proposer shall name key staff to fill the positions and list experience of the named individual in the format requested in Attachment 3.

2.1.1.1. Field Monitor Experience: The Field Monitor requires a high school diploma. Experience in field studies and with maintaining and deploying related field gear for monitoring and observing animals (marine mammals, sea turtles, and giant manta rays preferred).

2.1.2. Technical Proposal. The Proposer shall submit a Technical Proposal in the format requested in Attachment 8 and Attachment 9.

2.2. Proposer Qualifications and Firm Experience

2.2.1. Key Staff Qualifications

2.2.1.1. Field Monitor Qualifications. Field Monitor Experience shall be submitted in the format requested in Attachment 3.

2.2.1.2. Supervisor Qualifications. Supervisor Experience shall be submitted in the format requested in Attachment 4.

2.2.1.3. Biologist Qualifications. Biologist Experience shall be submitted in the format requested in Attachment 5.

2.2.2. Firm Qualifications

2.2.2.1. Award will be based in part on the qualifications in this section. To document qualifications, the Proposer shall discuss projects conducted within the last ten years in the format requested in Attachment 6. The documentation provided must document the Proposer’s ability to perform the technical work identified in this RFP.

3. VERIFICATION OF PROPOSER QUALIFICATIONS

At the State’s option, verification of Proposer qualifications may be conducted in any of the methods listed below:

3.1. Verification of successful completion and client satisfaction may be conducted via contact with the client representative listed for the project. It is the Proposer’s responsibility to provide information that clearly establishes to the Selection Committee the necessary qualifications and/or successful project completion.

3.2. The State reserves the right to limit verification of Proposer qualifications to the proposals with the highest overall scores. If verification shows that the overall score of the highest scoring proposals must be reduced below the overall scores of other proposals, then qualifications for the next highest proposal will be verified. The verification process will continue in like fashion until the State identifies the proposals for which verification does not reduce the overall score below that of all other proposals with verified or unverified qualifications. The State will be the sole judge of the acceptability of information provided for verification.

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4. TIE BREAKERS: In the event of a tie, the managing officer will break the tie using the following method:

4.1. The first tie breaker, if needed, will be the proposer’s evaluation history.

4.2. The second tie breaker, if needed, will be the score for the Key Staff Qualifications.

4.3. The third tie breaker, if needed, will be the proposer’s total score for price.

4.4. If there is still a tie, the provider will be chosen by random selection.

5. COST TO THE STATE:

Cost to the State will be scored on basis of the Proposer’s price schedule. Price will be scored from lowest to highest with the lowest price receiving the maximum score.

6. READABILITY

The evaluation team may consider the following while scoring:

• how well information is presented; and

• the ability for reviewers to determine the adequacy of the response.

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PART III

PROPOSAL SUBMITTAL

Houston District has opted to only accept electronic proposals submitted via Bonfire. There are specific instructions to ensure that the proposal is received and considered; however, deviations from these instructions may be grounds for disqualification. Review the instructions completely. All issues, questions or concerns with proposal submissions must be addressed no later than 72 hours prior to proposal due date. Contacts below are available for assistance Monday through Friday, 8:00am – 5:00pm CST.

Carmen Staicu, 713-802-5139, Carmen.Staicu@txdot.gov Leeza Clark, 713-802-5906, Leeza.Clark@txdot.gov

1. PROPOSAL OUTLINE

Configurations within Bonfire will not allow submission of a proposal if all required documents are not submitted as instructed. Failure to include all mandatory documents in the prescribed formats will result in rejection.

Altering or changing any substantive language in the attachments prior to submission of proposals may result in rejection of the proposal. The Proposer must use the formats provided in the attachments to this RFP for all documentation submitted. MS Word formats of these attachments are available for download from ESBD. The tables in later pages of this RFP are for informational purposes only. Proposers must use the downloadable files.

Only requested information in the formats provided will be considered.

1.1. Proposal Cover Sheet. A signed cover sheet identifying each member of the Proposer team, including institutions, firms, and unaffiliated individuals (Attachment 1).

1.2. Team Commitment Letter. Team Commitment Letters from each subcontractor submitted in the proposal (Attachment 2).

1.3. Field Monitor Qualifications (Attachment 3).

1.4. Supervisor Qualifications (Attachment 4).

1.5. Biologist Qualifications (Attachment 5).

1.6. Firm and Team Experience (Attachment 6).

1.7. The proposer’s Final Cost Proposal in the format provided as Attachment 8 and Attachment 9/E.

2. DELIVERY

The proposal must be signed and submitted via Bonfire. Proposals will be accepted until the deadline specified in this RFP. Consider submitting proposals early. Proposals received after the deadline will be rejected.

3. SUBMISSION INSTRUCTIONS

3.1 Proposers are highly encouraged to become familiar with Bonfire and FAQs

3.2 Register as a Vendor.

3.3 Once registration is complete, review all tutorials and instructions available in the links on the left of the screen.

3.4 Complete your forms and qualifications outside of Bonfire, save as pdf files (specified filename in the footer of each document), and upload documents where instructed.

3.5 Complete the Bid Table in Bonfire.

3.6 Review the uploaded files for accuracy.

3.7 Submit the proposal. If there are any errors in the upload process, Bonfire will display an error message. When all errors are corrected, submit again.

3.8 Bonfire will send a confirmation email to your registered email address.

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PART IV

ATTACHMENTS TO THE RFP

Attachment 1 Proposal Cover Sheet Attachment 2 Team Commitment Letter Attachment 3 Field Monitor Qualifications Attachment 4 Supervisor Qualifications Attachment 5 Biologist Qualifications Attachment 6 Firm and Team Experience Attachment 7 Evaluation Matrices Attachment 8 Final Cost Proposal Attachment 9 Format for Schedule of Rates and Budget Attachment 10 Contract (for informational purposes only) Attachment 11 Marine Mammal Incidental Take Determination Report, dated October 17, 2023 (for informational purposes only) Attachment 12 Conservation Measures for Green Sea Turtle, Kemp’s Ridley Sea Turtle, Loggerhead

Sea Turtle, and Giant Manta Ray included in TxDOT’s request Letter to Initiation of Expedited Informal Consultation with the National Marine Fisheries Services, dated September 26, 2024 (for informational purposes only)

INSTRUCTIONS FOR ATTACHMENTS 3-6

1. Use Arial, Franklin Gothic Book, Tahoma, or Helvetica Font in 12-point, adhere to page limits, do not alter substantive language in attachments and, fill in all fields in all tables or mark N/A if not applicable.

2. Attachments provided in ESBD/Bonfire must be used when submitting a response to RFP.

3. All positions shall exhibit knowledge pertaining to TxDOT standards specific to this RFP.

4. All position requirements are in Attachment B, Appendix-1.

5. All project examples must include completed deliverables that were accepted and/or approved by the client and/or a regulatory agency within the past ten years from the issue date of this RFP. No projects with ongoing work that is not part of a complete and accepted deliverable or incomplete/ongoing monitoring at the issue date of this RFP will be counted. All dates must include Month and Year.

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ATTACHMENT 1

PROPOSAL COVER SHEET

(Printed on Proposer’s letterhead)

RFP # 126SD100-6390, Construction Monitoring and Related Services for Marine Mammals for Bolivar Ferry Project.

Proposing Firm, Institution, or Individual

Proposer __________________________________________

Address __________________________________________ Telephone __________________________________________

E-mail __________________________________________

Proposer’s Supervisor

Name __________________________________________

Title __________________________________________

Subproviders for this Proposal (use additional pages, if necessary). Enter “N/A” if no subprovider is proposed.

Subprovider Service(s) to Be Provided

% of Work

Address

By signing this Proposal Cover Sheet, the Proposer’s representative agrees that the Supervisor named in the proposal are currently employed by the proposing firm, that if awarded a contract pursuant to this RFP, the Supervisor will be managing the work conducted under the contract, and that the Supervisor and key staff may not be replaced without prior written consent of the State. The Proposer’s representative certifies that they have qualified staff to fill the positions listed in this RFP and contract, and that the Proposer (1) agrees to the teaming arrangement of all subproviders, (2) is aware of and agrees to the specified rate structure, and (3) is aware of and agrees to the terms of the proposed contract. The Proposer’s representative also agrees that the Proposer, Proposer’s staff, and Proposer’s subproviders (team members of the proposing firm, if applicable) have no financial, personal, or business-related conflict of interest in conducting scientific services for the State of Texas.

Proposer’s Representative’s Signature Date

Proposer’s Representative’s Printed Name and Title

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ATTACHMENT 2

TEAM COMMITMENT LETTER

INSTRUCTIONS

The following format must be printed on team member’s letterhead. It must be signed by an individual empowered to execute contracts for the team member. This team commitment letter must be submitted in the proposal utilizing the format requested below.

Date

Texas Department of Transportation, Houston District 7600 Washington Ave, Houston, TX 77007

Mrs. Carmen Staicu, This letter is to certify that we as a subprovider (team member) of the prime Proposer have no conflict of interest and have agreed to provide the staff and services named in the accompanying proposal by (Proposer) for Construction Monitoring and Related Services for Marine Mammals for Bolivar Ferry Project. If awarded the contract, we (1) agree to the teaming arrangement with the Proposer, (2) are aware of, and agree to abide by, the specified rates structure, and (3) are aware of and agree to the terms of the proposed contract contained in the proposal. We further agree that we have no financial, personal, or business-related conflict of interest in conducting scientific services for the State of Texas.

Sincerely, (Authorized Signatory for Team Member)

Subprovider Signature Date

Printed Name and Title

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ATTACHMENT 3

FIELD MONITOR QUALIFICATIONS

INSTRUCTIONS:

1. Complete a form in the format below with Field Monitor qualifications and project experience as listed in

Attachment B, Appendix -1 of the RFP.

2. Project duties/responsibilities must demonstrate successful field services with observational, monitoring, or field recording activities and with maintaining and deploying related field gear.

3. List certifications and/or training courses related to biological and/or marine mammal monitoring, provide the entity which awarded each certification and/or training course, and the expiration date (if applicable).

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Name Current Employer

Proposed for: Field Monitor Education (list a minimum high school diploma or GED ) Degree or GED High School/University Date of completion Certifications:

Work Experience Years of Professional Experience Related to this Position Provide a description of relevant employment experience, including employer(s), job title(s), employment date(s), and job duties. Not to exceed 500 words per job.

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Project Experience (repeat this section for each project) Project Number for this submission (1-3) Project Name Project Location (limits or description, City, County, State) Client Name and Contact (email/phone) Project Duties/Responsibilities For each project, describe the type of work performed and any equipment used. Include what species were being monitored for or studied, data collected, and a brief description of protocols followed if target species were spotted. Outline the role and actions that the proposed field monitor took for each project being submitted that contributed to the successful completion of the projects. Not to exceed 250 words.

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ATTACHMENT 4

SUPERVISOR QUALIFICATIONS

1. Complete a form in the format below with Supervisor qualifications and project experience as listed in

Attachment B, Appendix -1 of the RFP.

2. Project duties/responsibilities must demonstrate management and completion of projects submitted by clearly describing the Supervisor’s control over the scope, schedule, budget and quality of work completed

3. Only one person shall be proposed as Supervisor

4. The Supervisor must be employed by the Proposer.

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Proposed for: Supervisor Education Bachelor’s Degree/Major University Date of completion Degree/Major University Date of completion Degree/Major University Date of completion Work Experience Years of Professional Experience Related to this Position Provide a description of relevant employment experience, including employer(s), job title(s), employment date(s).

Not to exceed 250 words.

Provide a brief statement that demonstrates your experience managing multiple complex tasks, deliverables, and projects and completing work on schedule within a specified budget. Include a statement of experience with government contracts. Limit 500 words.

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Job Title for the Project:

Project Name Project Location (limits or description, City, County, State) Client Name and Contact (email/phone) Transportation Related ☐ Yes ☐ No CSJ (if TxDOT project) Project Duties/Responsibilities:

Provide a description of the project, Supervisor responsibilities, and communication protocols utilized during each project. Limit 250 words per project.

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ATTACHMENT 5

BIOLOGIST QUALIFICATIONS

1. Complete a form in the format below with Biologist Qualifications and Project Experience as listed in

Attachment B, Appendix -1 of the RFP.

2. All projects submitted to demonstrate the Biologist’s experience must be within the last ten years.

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Proposed for: Biologist Education Bachelor’s Degree/Major University Date of completion Degree/Major University Date of completion Degree/Major University Date of completion Work Experience Years of Professional Experience Related to this Position Provide a description of relevant employment experience, including employer(s), job title(s), employment date(s), and project related job duties. Not to exceed 500 words.

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Job Title for the Project:

Project Name Project Location (limits or description, City, County, State) Client Name and Contact (email/phone) Transportation Related ☐ Yes ☐ No CSJ (if TxDOT project) Project Duties/Responsibilities:

Outline the role and actions that the proposed biologist took for each project being submitted that contributed to the successful completion of the projects. Limit 250 words per project.

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ATTACHMENT 6

FIRM AND TEAM EXPERIENCE

INSTRUCTIONS

1. The Proposer shall demonstrate firm and team experience by answering the questions.

2. If projects are mentioned as part of the firm experience, the projects must have been completed within ten years from the date of this RFP.

3. The same project can be discussed more than once if the project applies to all questions.

4. Respond to questions in specified format and limit responses to one page per question.

QUESTIONS

1. Describe your firm’s experience on projects that required long-term (two plus years), large-scale biological monitoring efforts (marine or terrestrial) on an active construction site which required compliance with the Endangered Species Act (ESA), the Marine Mammal Protection Act (MMPA), and/or similar legislation which protect species from harm. Please include information regarding construction activities, monitoring methodologies, and monitoring conditions. If long-term project experience cannot be provided, please describe your firm’s experience on shorter-duration projects using the above criteria.

Do not exceed three project examples.

2. Please provide an example of a biological monitoring report from a project completed within the last five years which required compliance with the Endangered Species Act (ESA), the Marine Mammal Protection Act (MMPA), and/or similar legislation which protects species from harm.

3. Describe specific observation and shutdown protocols that would be followed if marine mammals or endangered species are spotted within the designated project area.

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ATTACHMENT 7

EVALUATION MATRICES

(For information purposes only – to be completed by TxDOT evaluators)

Provider Name: Evaluator:

PROPOSAL SUBMITTAL REQUIREMENTS MEETS

REQUIREMENTS

NOTES

MANDATORY PROVIDER QUALIFICATIONS Yes No Proposal Cover Sheet Attachment 1

Team Commitment Letter Attachment 2

Field Monitor Qualifications Attachment 3

Supervisor Qualifications Attachment 4

Biologist Qualifications Attachment 5

Firm and Team Experience Attachment 6

Price schedule submitted with all rates filled in (Attachment 9/E)

PROPOSER QUALIFICATIONS MATRIX

(For Information Purposes Only)

QUALIFICATION CRITERIA MAXIMUM POINTS

Field Monitor Qualifications 20 Supervisor Qualifications 10 Biologist Qualifications 10 Firm and Team Experience 30

COST TO THE STATE

Labor Rates 30

Total (100 Possible) 100

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ATTACHMENT 8

FINAL COST PROPOSAL

Instructions:

1. In order to be considered responsive to this RFP, it is mandatory that the Proposer provide a complete Schedule of Rates and Budget in the provided format.

2. List the hourly rate for the key staff position.

a. All specified rates for labor must comply with federal minimum wage requirements.

b. All rates shall be fully burdened, including all costs of administration (including invoicing), overhead, profit, office management, facilities, equipment, utilities, office supplies, and all direct and indirect costs associated with performance of the position’s duties.

c. Include price even if proposer does not currently have a person on staff to fill the position.

3. List the hourly rates for all other listed staff positions.

a. All specified rates for labor must comply with federal minimum wage requirements.

b. All rates shall be fully burdened, including all costs of administration (including invoicing), overhead, profit, office management, facilities, equipment, utilities, office supplies, and all direct and indirect costs associated with performance of the position’s duties.

c. Include price even if proposer does not currently have a person on staff to fill the position.

4. Develop a budget, encompassing all tasks listed in Appendix -1, Tasks, Contract, Attachment B.

a. For purposes of this proposal, the budget must be structured as two groups of tasks.

i. The proposer shall estimate hours and direct costs for Tasks 1-4, as listed in Appendix-1, Contract, Attachment B.

b. Travel costs. Lodging, meals, and mileage are reimbursed at State rates. Use the Federal GSA rates for lodging and meals for the area to which travel is anticipated (see https://fmx.cpa.texas.gov/fmx/travel/textravel/rates/current.php). The State rate for mileage reimbursement is currently $0.70 per mile.

c. Other direct costs. List all other anticipated direct costs associated with the completion of work under this contract.

5. Calculate the total estimated costs associated with Tasks 1-4.

6. Determine the total cost of the proposed budget from the sum of all tasks.

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ATTACHMENT 9

FORMAT FOR SCHEDULE OF RATES AND BUDGET

Schedule of Rates:

STAFF POSITION HOURLY RATE

Key Staff Field Monitor Other Staff Biologist Supervisor Clerical

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ATTACHMENT 9

Budget Proposal:

TASK 1

Description Quantity Unit Type Rate TOTAL Field Monitor per hour Supervisor per hour Clerical per hour Subtotal Reimbursable Costs Mileage mile $0.70 Subtotal

TASK 1 TOTAL

TASK 2

Description Field Monitor per hour Supervisor per hour Clerical per hour Subtotal Reimbursable Costs Mileage mile $0.70 Subtotal

TASK 2 TOTAL

TASK 3

Description Field Monitor per hour Supervisor per hour Biologist per hour Clerical per hour

TASK 3 TOTAL

TASK 4

Description Field Monitor per hour Supervisor per hour Clerical per hour Subtotal Direct Expenses Lodging (June-July) night $146.00 Lodging (January-May & August- December) night $111.00 Lodging Tax (June-July) est. 15% night $21.90 Lodging Tax (January-May & August-December) est. 15% night $16.65 Meals - 1st/Last Day day $74.00 Meals w/ overnight day $55.50 Mileage mile $0.70 Subtotal Other Direct Expenses Other (specify):_______________ Other (specify):_______________ Other (specify):_______________ Subtotal

TASK 4 TOTAL

MAXIMUM AMOUNT PAYABLE

Contract No. ______________

Scientific SpecDelwWA Page 1 of 3 Rev. 04/15/2025

ATTACHMENT 10

CONTRACT

(for information purposes only)

THE STATE OF TEXAS §

COUNTY OF TRAVIS §

CONTRACT FOR SCIENTIFIC SERVICES

Specific Deliverable Contract with Work Authorizations

THIS CONTRACT FOR SCIENTIFIC SERVICES is made between the State of Texas, acting through the Texas Department of Transportation, 125 E. 11th St., Austin, Texas 78701-2483 (State), and _____________________, having a principal business address at __________________________________________ (Technical Expert), for the purpose of contracting for scientific services.

BACKGROUND

As part of its responsibilities under Transportation Code, Chapter 223, Subchapter D, the State provides for procurement of professional services of technical experts, including archeologists, biologists, geologists, historians, or other technical experts to conduct environmental or cultural assessments required by state or federal law for transportation projects. Under 43 TAC §9.80 et seq., the State establishes the Texas Department of Transportation’s policies and procedures for contracting for scientific services. The State requested competitive sealed proposals from technical experts. The State has selected the Technical Expert and desires to contract for scientific services, described in more detail as follows: construction monitoring and related services for marine mammals for the Galveston and Bolivar Ferry Landings Improvements project (CSJ 0367-06-065). These services are required for transportation activities under federal and state statuses as set forth identified under 23 CFR 771, 43 TAC Part 1, Chapter 2 and other regulations related to compliance with federal and state environmental standards.

The State and the Technical Expert agree as follows.

AGREEMENT

SECTION 1. SCOPE OF SERVICES. The State and the Technical Expert will furnish items and perform services as identified in Attachment B, Services To Be Provided by the State and the Technical Expert.

SECTION 2. CONTRACT PERIOD.

A. Contract Period. The period after this contract becomes effective and before it is terminated is the Contract Period. This contract becomes effective when executed by both parties and terminates four years after it becomes effective, unless the Contract Period is:

(1) modified by written supplemental agreement before the date of termination under Attachment A (General Provisions), Article 4 (Supplemental Agreements); or

(2) otherwise terminated in accordance with Attachment A (General Provisions), Article 26 (Termination and Remedies).

B.. Unauthorized Work. The State will make no payment for any work performed or cost incurred before or after the Contract Period.

C.. Excluded Work. Services subject to procurement under Government Code, Chapter 2254, Subchapter A, the Professional Services Procurement Act, and Transportation Code, §223.041, shall not be performed under this contract.

SECTION 3. COMPENSATION.

A. Maximum Amount Payable. The maximum amount payable under this contract is shown in Attachment E (Schedule of Rates). Payment under this contract beyond the end of the current fiscal biennium is subject to availability or appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party.

Scientific SpecDelwWA Page 2 of 3 Rev. 04/15/2025

B. Basis of Payment. The basis of payment and reimbursement of costs is set forth in Attachment E (Schedule of Rates). Acceptance by the State of deliverables specified in the work authorization is a condition of payment.

C. Reimbursement of Eligible Costs. To be eligible for reimbursement, the Technical Expert's costs must:

(1) be incurred in accordance with the terms of a valid work authorization;

(2) be in accordance with Attachment E (Schedule of Rates); and

(3) comply with cost principles set forth in 48 CFR Part 31.

D. Technical Expert Payment of Subproviders. If for any reason subproviders, if any, are not paid before the State reimburses the Technical Expert for their services, the Technical Expert shall pay the subproviders all undisputed amounts due for work no more than 10 days after the Technical Expert receives payment for the work unless a different time is specified by law. The State may withhold all payments that have or may become due if the Technical Expert fails to comply with the ten-day payment requirement. The State may also suspend the work under this contract or any work authorization until subproviders are paid. This requirement also applies to all lower-tier subproviders, and this provision must be incorporated into all subcontracts.

SECTION 4. PAYMENT REQUIREMENTS

A. Invoices. The Technical Expert shall request payment by submitting the original of an itemized invoice in a form acceptable to the State. The invoice shall be supported by documentation required for the basis of payment listed in Attachment E, Final Cost Proposal. The Technical Expert may submit an invoice no more frequently than monthly and no later than ninety (90) days after completing deliverables specified in the contract. For each work authorization, an invoice shall show the contract number, the work authorization number, the total amount earned to the date of submission, the amount due as of the date of the invoice, and whether the invoice is for the completion of all work under the work authorization or for less than all work.

B. Withholding Payments. If payment is withheld, the State shall notify the Technical Expert and specify conditions that would allow the State to release the payment. The State reserves the right to withhold payment:

(1) If a dispute over the work or costs is not resolved within thirty (30) days;

(2) pending verification that work is satisfactory;

(3) if the Technical Expert becomes a delinquent obligor under Family Code, §231.006;

(4) if required work product is not received; or

(5) if the State Comptroller of Public Accounts will not issue a warrant to the Technical Expert.

C. Liquidated Damages: In the event the Technical Expert fails to provide the specified deliverables to TxDOT by the specified dates, at the sole discretion of TxDOT, TxDOT may require the vendor to pay liquidated damages not to exceed one-half of one percent (0.5%) of the cost for each deliverable for each day the deliverable is late.

Delays in deliverables caused by reasons outside the Technical Expert’s control are not subject to liquidated damages.

D. Required Reports.

(1) As required in Attachment H, the Technical Expert shall submit Progress Assessment Reports to report payments made to Disadvantaged Business Enterprises or Historically Underutilized Businesses. One copy shall be submitted with each invoice.

(2) Before contract closeout, the Technical Expert shall submit a Final Report on (Exhibit H-4) to the address set forth in Attachment H.

(3) With each invoice, the Technical Expert shall submit a separate progress report showing, for each work authorization, the percentage of work that was completed during the billing period and the percentage of work completed to date. The Technical Expert shall also submit any written report requested by the State to document the progress of the work.

E. Subproviders and Suppliers List. The Technical Expert must provide the State a list, (Exhibit H-5/DBE or Exhibit H-6/HUB), of all subproviders and suppliers that submitted quotes or proposals for subcontracts. This list shall include subproviders' and suppliers' names, addresses, and telephone numbers.

F. Debt to the State. If the State Comptroller of Public Accounts is prohibited from issuing a warrant or initiating an electronic funds transfer to the Technical Expert because of a debt owed to the State, the State shall apply all payment due the Technical Expert to the debt or delinquent tax until the debt or delinquent tax is paid in full.

SECTION 5. WORK AUTHORIZATIONS. The State will issue work authorizations to authorize all work under this contract. The Technical Expert must sign and return a work authorization within seven (7) working days after receipt. The Technical Expert's failure to accept a work authorization in the form prescribed by the State in a timely manner is grounds for termination of this contract. The State is not responsible for actions by the Technical Expert or costs incurred by the Technical Expert except to the extent that the actions or costs are directly

Scientific SpecDelwWA Page 3 of 3 Rev. 04/15/2025 associated with a valid work authorization. Terms and conditions governing the use of work authorizations are set forth in Attachment A (General Provisions), Article 1 (Work Authorizations).

SECTION 6. SIGNATORY WARRANTY. The undersigned signatory for the Technical Expert warrants that the signatory is an officer of the organization for which this contract is executed and has the authority to execute this contract on behalf of the Technical Expert. This warranty is made to induce the State to enter into this contract.

SECTION 7. NOTICES. All notices to either party by the other party will be delivered personally or sent by U.S.

Mail, postage prepaid, to the following respective addresses:

Technical Expert:

State:

The notice shall be received by the addressee on the date delivered or deposited in the mail, unless otherwise provided. Either party may change the above address by sending written notice of such change to the other in the manner provided.

SECTION 8. INCORPORATION OF PROVISIONS. Attachments A through I are made part of this contract. The parties shall comply with the provisions of Attachments A through I as if they were set forth in full within the body of this contract.

Each party is signing this agreement on the date stated under that party’s signature.

THE TECHNICAL EXPERT THE STATE OF TEXAS

TEXAS DEPARTMENT OF TRANSPORTATION

Signature Signature

Printed Name and Title Printed Name and Title

Date Date

Scientific SpecDelwWA Page 1 of 1 Attachment Index

Attachments to Contract for Scientific Services

Incorporated into the Contract by Reference

Attachments Title A General Provisions B Services To Be Provided by the State and the Technical Expert C Not Applicable D Not Applicable E Schedule of Rates F Computer Graphics Files G Not Applicable

H – FG Disadvantaged Business Enterprise (DBE) for Federal Funded Professional or Technical Services Contracts – See Attachment H Instructions

H – FN Disadvantaged Business Enterprise (DBE) for Race-Neutral Professional or Technical Services Contracts – See Attachment H Instructions

H – SG Historically Underutilized Business (HUB) Requirements for State Funded Professional or Technical Services Contracts – State of Texas HUB.

Subcontracting plan required – See Attachment H Instructions

H – SN Historically Underutilized Business (HUB) Requirements for State Funded Professional or Technical Services Contracts – No State of Texas HUB

I Information Resources and Security Requirements

Exhibits Title H – 1 Subprovider Monitoring System Commitment Worksheet H – 2 Subprovider Monitoring System Commitment Agreement H – 3 Monthly Progress Assessment Report H – 4 Subprovider Monitoring System Final Report H – 5 Federal Subproviders and Supplier Information H – 6 HUB Subcontracting Plan (HSP) Prime Contractor Progress Assessment

Report

Scientific SpecDelwWA Page 1 of 1 Attachment A Index

ATTACHMENT A

GENERAL PROVISIONS

INDEX TO PROVISIONS

Article Title

1 Work Authorizations 2 Supplemental to a Work Authorization 3 Suspension of Work Authorizations 4 Supplemental Agreements 5 Additional Work 6 Progress 7 Personnel, Equipment, and Material 8 Subcontracting 9 Technical Expert's Responsibilities

10 Inspection of Work 11 Submission of Work Product 12 Maintenance, Retention, and Audit of Records

12A License for TxDOT Logo Use 13 Civil Rights Compliance 14 Insurance 15 Child Support Certification 16 Data, Information Resources, and Security Requirements 17 Patent Rights 18 Compliance with Laws 19 Noncollusion 20 Debarment Certifications 21 Lobbying Certification 22 Gratuities 23 Conflict of Interest 24 Indemnification 25 Disputes 26 Termination and Remedies 27 Severability 28 Successors and Assigns 29 Prior Contracts Superseded 30 Nepotism Disclosure 31 Office of Management and Budget Audit Requirements 32 Public Information 33 E-Verify Certification 34 Restrictions on Employment of Former State Officer or Employee 35 Pertinent Non-discrimination Authorities 36 Boycott Israel 37 Firearm Entities and Trade Discrimination 38 Energy Company Boycott

Scientific SpecDelwWA Page 1 of 10 Attachment A

ATTACHMENT A

GENERAL PROVISIONS

ARTICLE 1. WORK AUTHORIZATIONS

A. Use. The Technical Expert shall not begin any work until the State and the Technical Expert have signed a work authorization for the work. The State will make no payment for any work performed or cost incurred before a work authorization is fully executed or after the completion date specified in the work authorization.

The completion date for a work authorization may not extend beyond the Contract Period.

B. Contents. Each work authorization shall specify (1) the scope of work to be performed; (2) a period of performance with a beginning and ending date; (3) a full description of the work to be performed; (4) a schedule of deliverables; (5) a maximum cost; (6) whether the basis of payment is lump sum, unit cost, or specified rate; and (7) a work authorization budget calculated using rates set forth in Attachment E (Schedule of Rates). Additional contract terms and conditions may not be included in a work authorization. A work authorization may not waive any responsibilities or obligations contained in this contract. In the event of any conflict in terms and conditions between a work authorization and this contract, the terms and conditions of this contract shall prevail. Each work authorization shall be signed by both parties and become a part of this contract.

C. Budget. A work authorization budget shall set forth in detail (1) a list of the work to be performed; (2) the computation of the cost of each deliverable described in the work authorization; and (3) the maximum amount payable under the work authorization. The State will not pay items of cost that are not authorized under Attachment E (Schedule of Rates) and will not pay rates that exceed those authorized in Attachment E (Schedule of Rates). A budget subsuming costs of multiple deliverables may not be invoiced until acceptance of the final deliverable by the State.

D. Basis for Calculating Reimbursement Costs. The State will reimburse the Technical Expert for charges incurred in carrying out the services authorized in the Work Authorization, subject to the cost categories and estimated costs set forth in the Schedule of Rates in the contract and the Cost Basis of the Work Authorization.

The State shall compensate the Technical Expert for only those eligible expenses incurred during the work authorization that are directly attributable to the completed portion of the work described in the work authorization, provided that the work has been completed in a manner satisfactory and acceptable to the State.

The Technical Expert shall not incur or be reimbursed for any new obligations after the effective date of termination. The Technical Expert shall bill the State for actual travel expenses, not to exceed the limits reimbursable under state law. Out-of-state or out-of-country travel by the Technical Expert requires prior approval by the State.

E. No Guaranteed Work. Work authorizations are issued at the discretion of the State. While it is the State's intent to issue work authorizations under this contract, the Technical Expert shall have no cause of action based on the State's failure to issue work authorizations under this contract or on the number of work authorizations issued.

F. Emergency Work Authorizations.