Request for Proposals for Professional Services RFP No. 26-1391 June 23, 2026

Dear Prospective Respondent:

Statements of Qualifications hereafter referred to Request for Proposals (RFP or Proposal(s)) will be received by the Purchasing Agent or other designee of the Brazos River Authority no later than 10:00 AM, Thursday, July 16, 2026 for Freshwater Mussel Survey and Aquatic Species Relocation Services. All qualified firms including Small, Minority, Women Owned Businesses and Historically Underutilized Businesses are encouraged to submit proposals in response to this request.

Proposals must be submitted and received no later than the due date and time specified. Any Proposal received later than the specified time, shall not be considered. The BRA is NOT responsible for ensuring the delivery of Proposals.

Refer to Section 13. Delivery of Proposal Submittals for instructions on submitting a response to this solicitation.

Proposal must be clearly identified as follows on the outside of the sealed physical submission. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s proposal is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the proposal opening:

RFP TITLE: Freshwater Mussel Survey and Aquatic Species Relocation Services

RFP NO: 26-1391

RFP DUE DATE: 10:00 AM, Thursday, July 16, 2026

The BRA shall have the right to accept or reject any or all Proposals, or any part thereof, and to waive any technicalities in the interest of the BRA.

BRA will evaluate all relevant, health, safety and business factors on all solicitations to determine when to initiate a notice to proceed on all projects, delivery of goods and/or services or procurement of construction related services to best attempt to balance BRA needs and to protect the health and safety of BRA employees, the employees of respondents and the public at large.

Sincerely, Victor Venegas Purchasing Agent

4600 Cobbs Drive • Waco, Texas 76710 254-761-3166

RFP No. 26-1391 Freshwater Mussel Survey and Aquatic Species Relocation Services

SUPPLIER DIVERSITY PURCHASING POLICY

The Brazos River Authority (BRA) will ensure that purchases of equipment, materials, supplies, and/or services conform with Texas Procurement law as applicable to the BRA, are cost effective, and contribute to the competitiveness of the BRA and its customers.

Procurement activities will be conducted in an open and fair manner with equal opportunity provided to all qualified parties. The BRA will provide equal contracting opportunities as provided by all applicable State and Federal laws to small business enterprises, Historically Underutilized Businesses and Disadvantaged Business enterprises.

GENERAL INSTRUCTIONS TO RESPONDENTS

The Work consists of the furnishing of all labor, materials, services, equipment, and appliances required for the delivery and the supplying of products and/or services as described herein and in the contract documents.

1. PROPOSAL SUBMISSION: Proposals must be received no later than the Proposal opening date and time specified above. All Proposals received after closing time will not be considered.

A. To be considered as eligible, a Respondent shall have complied with all legal requirements to permit them to operate in the State of Texas.

B. Proposals must be submitted electronically, mailed or hand delivered to be considered.

2. WITHDRAWAL OF PROPOSALS: No Proposal may be withdrawn for a period of ninety (90) days after Proposal opening, except by: 1) mutual consent of the BRA and Respondent; or 2) a previously submitted Proposals may be withdrawn upon written request received from Respondent prior to time established for receipt of Proposals.

3. SIGNATURE ON PROPOSALS: To be valid, Proposals must be signed by an authorized person. By such signature, Respondent agrees to strictly abide by the terms, conditions, and Scope of Services embodied in this Request for Proposal.

4. EXAMINATION OF PROPOSAL DOCUMENTS: Before submitting a Proposal, all Respondents shall examine the complete Proposal documents, including Proposal Notice, Instruction to Respondent, and Scope of Services, all of which are part of the Proposal documents.

5. ADDENDA: Unless otherwise stated in the Proposal, answers to all questions, inquiries, and request for additional information will be issued in the form of Addenda. During the Proposal period, prospective Respondent may be advised by Addenda of additions, deletions from, or changes in the requirements of the Proposal documents. The BRA will not be responsible for the authenticity or correctness of oral interpretations of the Proposal documents or for information obtained in any other manner than through the media of Addenda. Receipt of each Addendum shall be acknowledged by the Respondent.

Any questions concerning this Proposal should be submitted on https://www.bidnetdirect.com/texas/brazosriverauthority no later than five (5) days prior to the opening of the Proposal. This is to allow the BRA sufficient time to respond to inquiries and provide information to all interested Respondents by Addendum. Unless otherwise stated in the Proposal, Addenda will be posted on https://www.bidnetdirect.com/texas/brazosriverauthority .

Respondent is responsible for checking https://www.bidnetdirect.com/texas/brazosriverauthority for updates and Addenda until the time at which the submission is due. Failure to respond to all requirements, including those Addenda, shall be grounds for rejection of your Proposal.

6. TAXATION: The BRA is exempt under the Texas Sales Tax and Use Tax Laws, and the Respondent shall not include such taxes in the Proposal.

7. QUALIFICATION OF RESPONDENTS: The BRA reserves the right to reject any Proposal if the evidence submitted by, or investigation of, such Respondent fails to satisfy the BRA that such Respondent is properly qualified to carry out the obligations of the contract and to complete the Services contemplated herein.

Conditional Proposals will not be accepted.

8. CONSIDERATION OF PROPOSALS: Unless stated otherwise in the Advertisement or Request for Proposal, the properly identified Proposals received on time will be opened publicly and only the names of the Respondent will be read aloud. Respondents are invited to be present.

9. COMPLIANCE WITH SCOPE OF SERVICES AND RIGHT OF

SELECTION: The Respondent shall abide by and comply with the true intent of the scope of services and not take advantage of any unintentional error or omission.

10. DEVIATION FROM SCOPE OF SERVICES: All deviations from the scope of services must be noted in detail by the Respondent, in writing, at the time of submittal of the formal Proposal. The absence of a written list of deviations at the time of submittal of the Proposal will be considered acceptance of the Scope of Services as written.

Any deviations from the Scope of Services as written not previously submitted, as required by the above, will be grounds for rejection of the material and/or item when delivered.

In case of ambiguity or lack of clarity, the BRA reserves the right to consider the most advantageous Proposal or reject the Proposal.

11. REPRESENTATIONS: By execution and submission of this Proposal, the Respondent hereby represents and warrants to the BRA that Respondent has read and understands the Proposal Documents and this Proposal is made in accordance with the Proposal Documents.

12. INDEMNIFICATION: THE RESPONDENT SHALL COMPLY

WITH THE REQUIREMENTS OF ALL APPLICABLE LAWS, RULES,

AND REGULATIONS AND SHALL EXONERATE, INDEMNIFY AND

HOLD HARMLESS THE BRA FROM ANY AND ALL LIABILITY OR

DAMAGES RESULTING FROM FAILURE TO DO SO.

IN ADDITION, THE RESPONDENT AGREES TO INDEMNIFY,

KEEP, SAVE AND HOLD THE BRA HARMLESS FROM ANY AND

ALL ACTIONS, LIABILITIES, DAMAGES, JUDGMENTS, COSTS

AND EXPENSES INCLUDING REASONABLE ATTORNEY’S FEES,

IN CASE AN ACTION IS FILED OR DOES IN ANY WAY ACCRUE

AGAINST THE BRA, ITS OFFICIALS, OFFICERS, AND

EMPLOYEES IN CONSEQUENCE OF THE AWARDED CONTRACT

FOR ANY NEGLIGENT ACT OR OMISSION OF THE RESPONDENT

IN THE PROVISION OF SERVICES UNDER THE AWARDED

CONTRACT, OR THAT MAY RESULT FROM THE CARELESSNESS

OR LACK OF SKILL OF THE RESPONDENT OR THE

RESPONDENT’S OFFICERS, AGENT, CONTRACTORS, ASSIGNS

OR EMPLOYEES. IN THE EVENT A JUDGMENT IS RECOVERED

AGAINST THE BRA FOR ANY SUCH LIABILITY, COSTS OR

EXPENSES, SUCH JUDGMENT SHALL BE CONCLUSIVE

AGAINST THE RESPONDENT.

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

IT IS SPECIFICALLY UNDERSTOOD AND AGREED BY THE

RESPONDENT THAT SUCH INDEMNITY IS INDEMNITY BY THE

RESPONDENT TO INDEMNIFY AND PROTECT THE BRA FROM

LIABILITY, CLAIMS, SUITS, LOSSES, DAMAGES OR CAUSES OF

ACTION DUE TO THE RESPONDENT’S NEGLIGENCE, ERROR OR

OMISSION.

13. CRITERIA FOR AWARD: The BRA will select the most highly qualified Respondent on the basis of demonstrated competence and qualifications and then attempt to negotiate with that Respondent a contract at a fair and reasonable price. If a satisfactory contract cannot be negotiated with the most highly qualified Respondent, the BRA will select the next most highly qualified Respondent and attempt to negotiate a contract with that Respondent at a fair and reasonable price. The Respondent who is ultimately selected will be referred to herein as “Selected Firm” or “Selected Respondent.” Refer to page 9 Selection Process.

14. TERMINATION: The awarded contract may be terminated at any time by the BRA, in BRA’s sole discretion, for any cause or for convenience without penalty or liability. Upon receipt of such notice, the supplier shall immediately discontinue all services and actions.

The BRA shall pay the Selected Respondent promptly the accrued and unpaid amounts due for services to the date of termination, to the extent the services are approved by the BRA.

15. CHANGE OF CONTRACT PRICE: The agreed upon contract price shall not be exceeded without the prior written consent of the BRA and may only be modified by a written amendment to the contract executed by both BRA and Selected Respondent.

16. PAYMENT: Unless otherwise specified, payment for services and/or product will be processed within thirty (30) days from invoice date and acceptance of Services and/or product. Invoices presented for payment must be submitted in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the correct address for processing. Unit price on invoice shall be in two (2) decimal places only (i.e., $ .XX).

The BRA has set a goal to have as much paperwork submitted electronically. Selected Respondent are asked to submit invoices electronically to the following Accounts Payable email address:

accounts.payable@brazos.org. Selected Respondent who use the electronic service should not mail the original invoice.

17. CONFIDENTIALITY OF DOCUMENTS: The BRA is subject to the Texas Public Information Act (PIA). Any information submitted to the BRA by a Respondent shall be considered non-confidential and available to the public, except as follows:

In the event a Respondent considers a specific portion of their Proposal to be confidential and subject to an exception to disclosure under the PIA, such portion must be clearly identified and marked "CONFIDENTIAL". Do not mark an entire Proposal confidential, as this is not in conformance with the PIA and is not acceptable. Only the specific portion or portions of the Proposal that the Respondent considers to be confidential pursuant to the PIA should be marked. IF

AN ENTIRE PROPOSAL IS MARKED CONFIDENTIAL, THE BRA

WILL NOT TREAT ANY PORTION OF THE PROPOSAL AS

CONFIDENTIAL AND THE PROPOSAL MAY BE REJECTED AS

NON-CONFORMING. The BRA will honor notations of confidentiality made in accordance with this paragraph and decline to release such information initially. However, final determination of whether a particular portion of a Proposal may in fact be withheld pursuant to the PIA will be made by the Texas Attorney General or a court of competent jurisdiction.

In the event a public information request is received for a portion of a Proposal that has been marked confidential, the BRA shall ask the affected Respondent if the information may be released. If the release is agreed to, the BRA shall release the information.

If the release is denied, the matter shall be referred to the Texas Attorney General's Office in accordance with the process set forth in the PIA. The Respondent shall be fully and solely responsible for submitting arguments and evidence within the statutory timeframes to the Texas Attorney General’s Office regarding its claim of confidentiality. The BRA will NOT submit arguments on behalf of the Respondent.

The Texas Attorney General's office shall rule on the matter. In the event that it is determined by opinion or order of the Texas Attorney General or a court of competent jurisdiction that such information may not be withheld, then such information will be made available to the requester. If it is determined that the information may be withheld, BRA will withhold the information from the requestor.

Pricing information contained in Proposals or contracts is not considered confidential under the PIA and will be disclosed without making a request to the Texas Attorney General.

18. NO PRICE: The selection of the Selected Respondent under this RFP shall be in accordance with Chapter 2254 of the Texas Local Government Code. Do not include any price information within the submittal. Any submittal containing any price information will be automatically disqualified.

REQUEST FOR PROPOSALS

FRESHWATER MUSSEL SURVEY AND AQUATIC SPECIES RELOCATION SERVICES

RFP NO. 26-1391

SUBMITTAL SCHEDULE

Requests for Proposals are posted on the BidNet Direct website at https://www.bidnetdirect.com/texas/brazosriverauthority and prospective Respondents should visit the site for potential updates to Proposal requirements.

Tuesday, June 23, 2026

RFP is available to download at https://www.bidnetdirect.com/texas/brazosriverauthority

4:00 PM, Friday, July 3, 2026

Last date and time to ask questions or request additional information. Please submit your questions at https://www.bidnetdirect.com/texas/brazosriverauthority

4:00 PM, Friday, July 10, 2026

Post response to questions received as of the deadline or as soon thereafter, as an Addendum on https://www.bidnetdirect.com/texas/brazosriverauthority

10:00 AM, Thursday, July 16, 2026 Proposals are due.

11:00 AM Thursday, July 16, 2026 Proposals will be opened virtually at the link below……………………………..

https://youtube.com/live/Q5HLw83-DkE?feature=share

Local Time Prevailing.

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

REQUEST FOR PROPOSALS

FRESHWATER MUSSEL SURVEY AND AQUATIC SPECIES RELOCATION SERVICES

RFP NO. 26-1391

1. General BRA is currently requesting qualifications and proposals from qualified firms with specialized expertise in freshwater mussel surveys and aquatic resource relocation in streams, rivers, and reservoirs in support of environmental permitting and compliance activities for BRA operations and projects, as needed.

The work will generally consist of surveys to determine the presence or absence of freshwater mussel species, provide population estimates if present, and in the event that relocation is required, assist BRA staff with permitting and approvals and perform the relocation. The Firm will also be responsible for creating all documentation necessary for reporting to relevant regulatory agencies. Freshwater mussel survey work and relocations require expertise and qualifications to perform underwater, scientific dives.

Should projects require relocation of non-mussel aquatic species, the Firm will: (a) assist BRA staff with permitting and approvals;(b) either perform the relocation or assist BRA staff perform the relocation; and (c) create all documentation necessary for reporting to relevant regulatory agencies.

2. Scope of Services At a minimum, the Firm will be expected to provide freshwater mussel surveys and/or, aquatic species relocation services on BRA property or easements that the BRA owns or may procure, and on stream reaches where projects are proposed. Typical projects that the Firm will be responsible for may include but are not limited to: construction and/or maintenance of pipelines, boat ramps, loading docks, fishing piers, and outfall/intake structures, and activities requiring bank stabilization, dredging, dewatering, and coffer dams.

The Firm will be expected to collaborate with BRA staff, contract design engineers, and construction contractors, and other stakeholders, as needed. The Firm will be expected to present a Corporate Health and Safety Plan related to the surveys in this RFP.

Services include, but are not limited to:

1. Freshwater Mussel Surveys:

a. Literature and database review of historically documented freshwater mussel species identified in the waterbody;

b. Identification if any of these freshwater mussel species are listed on the federal or state threatened and endangered species lists;

c. Employment of appropriate sampling techniques as dictated by site conditions, including hookah and SCUBA techniques, if necessary, to perform:

i. Freshwater mussel presence/absence surveys

ii. Freshwater mussel species identification and quantification;

d. Photo documentation of the survey and of each species identified;

e. Final Report – Firm will develop a final report for each survey performed, to be delivered in .pdf format;

f. Shapefiles and GPS coordinates of mussel locations; and

g. Supporting BRA to ensure compliance with:

i. The general condition requirements related to shellfish in certain U.S. Army

Corps of Engineers (USACE) Nationwide and Regional General Permits;

ii. The Texas Parks and Wildlife Department’s (TPWD) aquatic resources permitting and consultation requirements;

iii. U.S. Fish and Wildlife Service (USFWS) consultation requirements, when relevant; and

iv. TPWD and USFWS’ Texas Freshwater Mussel Survey Protocol.

2. Aquatic Resource Relocations:

a. Literature and database review of historically documented species at specific project site, to identify the potential for federal or state threatened and endangered species to be present;

b. Collaborating with BRA staff, contract design engineers, construction contractors, and, if necessary, other project stakeholders, as needed to gather data to complete all tasks;

c. Drafting or assisting BRA Environmental Services staff in drafting TPWD Aquatic Resource Relocation Plans;

d. Drafting or assisting BRA Environmental Services staff in drafting TPWD and Application for Permit to Introduce Fish, Shellfish, or Aquatic Plants into Public Waters;

e. If required, assisting BRA with USFWS consultation and drafting supporting documents;

f. Performing freshwater mussel relocations in compliance with project specific, approved TPWD Aquatic Resource Relocation Plan and Permit to Introduce Fish, Shellfish, or Aquatic Plants into Public Waters, and, if required, USFWS regulations and permits. Firm will employ appropriate techniques as dictated by site conditions, including hookah and SCUBA techniques, if necessary;

g. Performing or assisting BRA Environmental Services staff in performing aquatic resource relocations for fish, turtles, snakes, or any other relevant aquatic species in compliance with project specific, approved TPWD Aquatic Resource Relocation Plan and Permit to Introduce Fish, Shellfish, or Aquatic Plants into Public Waters, and, if required, USFWS regulations and permits;

h. Photo documentation of surveys and/or relocation events will be required;

i. Final Report – Firm will develop a final report for each Service Order, to be delivered in .pdf format; and

j. Submittal of shapefiles and GPS coordinates of relocation sites.

3. Information Required in the RFP Submittal - Tab Format The BRA specifically requests succinct submittals tailored to the general and discipline-specific scopes of the services summarized above. Each response should describe, in sufficient detail, the relevance of the individual team member’s expertise and experience to the specific requirements of the project(s)/service(s). All submittals become the property of the BRA. Each submittal shall include the information requested below. Please limit each submittal to no more than 15 pages (not including resumes and required forms).

FAILURE TO SUBMIT ANY OF THE REQUESTED INFORMATION MAY BE GROUNDS

FOR REJECTION OF PROPOSAL OR DELAY ISSUANCE OF A PURCHASE

ORDER/CONTRACT.

Tab A: Include the following:

(1) Date your company was established and a brief history; number of employees;

number and location of office(s).

(2) Provide name, title, and office location of person(s) who will be the principal contact for the BRA and the billing location, if different.

(3) Describe the types of organizations that your company typically serves and the general nature of the work.

(4) A list and description of similar services completed within the last five (5) years under your current company name or any other previous company name whose services were similar in nature to this solicitation. This should include the name, the location, a brief description of Scope of Services, and a contact name and telephone number of a reference for each client.

(5) List litigation that your company has been a party to in the last five (5) years, under your current company name or any other previous company name.

Include only litigation that involves business units in your company that are proposed for performing services under this RFP.

(6) List all such litigation involving owners and/or general contractors under the current company name and/or a previous name. To be fully responsive, provide the level of detail in the attached example, as well as a name and phone number to contact an authorized representative of your company in the event that the BRA needs to clarify your response. Failure to be fully responsive will be sufficient grounds for the BRA to disqualify your company.

(7) Have you ever defaulted, failed to complete a contract, or had a contract terminated by the other party? If so, where and why? Provide the name(s) and telephone number(s) of the other party(ies).

(8) Please provide the contact information, including the email address, of the person responsible for providing proof of your company’s insurance for this proposal.

Tab B: Include the following:

1. Provide the name, title, address, phone, and e-mail address of the individual who will serve as the Project Manager if different from the individual identified in Tab A(2).

2. Provide the name, title, address, phone, and e-mail address for the individual who will serve as Lead Malacologist for the Service Orders related to freshwater mussels.

3. Provide the name, title, address, phone, and e-mail address for the individual who will serve as Lead Biologist for Service Orders requiring relocation of aquatic species other than freshwater mussels, if applicable.

4. A summary of technical abilities of the proposed team members that will be utilized to complete the types of services listed in Section 2 “Scope of Services” above, and their personal experience qualifying them for the project(s)/service(s) and their role.

5. Organizational chart identifying key personnel who will be assigned to the project(s)/service(s) and include the name and role/responsibility of each key team member. List the approximate number of technical and/or support staff expected to serve on the project(s)/service(s). Show the internal reporting structure of the Project team.

6. Provide resumes for each team member proposed. Resumes should include, at a minimum, the following information:

a. Name and Title;

b. Name of previous firm(s) team member has been employed at;

c. Professional Licenses, Registrations and/or Certifications, if applicable;

d. Academic degree(s), if applicable, including name of school and discipline; and

e. Brief overview of the proposed team member’s career background including years of experience, areas of practice, specialized training or knowledge relevant to services listed under Section 2 “Scope of Services.”

7. Provide a description of the Firm’s experience conducting similar services in the Brazos River basin.

8. Provide a description and statement of the Firm’s experience conducting freshwater mussel surveys using hookah techniques.

9. Provide a description and statement of the Firm’s experience conducting freshwater mussel surveys using SCUBA techniques.

10. Provide a description of the Firm’s ability to meet on-demand workloads.

11. Briefly describe your approach to project staffing and succession plan for project team members should a vacancy arise.

12. Provide a copy of TPWD Scientific Research Permit.

13. Provide a copy of USFWS Section 10 Research Permits for federally protected freshwater mussel species in Texas.

14. Provide a TPWD approved Aquatic Resource Relocation Plan produced by the Firm

(Client confidential details may be redacted).

Tab C: Include the following:

(1) Complete and submit the attached W-9 form, or if foreign entity, submit the appropriate tax document information.

(2) Complete and submit the attached “Conflicts of Interest Questionnaire” (CIQ) form.

(3) Complete and submit the “Acknowledgment of Request for Proposals and

Receipt of Addenda” form. Respondent is required to complete, sign, and submit this form with Respondent’s Proposal. Failure to complete, sign, and submit this form with Respondent’s Proposal will disqualify the entire Proposal as non-responsive.

(4) Complete and submit the Non-Collusion Affidavit form.

4. RFP Inquiries All communication related to this RFP shall only be directed to the Purchasing Agent via https://www.bidnetdirect.com/texas/brazosriverauthority. The Purchasing Agent will direct any inquiries to the appropriate BRA staff. A response will be issued and, if warranted, an Addendum will be posted on the BidNet Direct site. Failure to adhere to this restriction during the advertising, evaluation, and selection phases will result in the rejection of a Respondent’s Proposal.

5. Respondent’s Past Performance BRA will consider Respondent’s past performance and may conduct reference checks with other entities regarding past performance. BRA may examine Respondent’s performance including, but not limited to: the Comptroller of Public Accounts Statewide Procurement Division Vendor Performance Tracking System, notices of termination, cure notices, assessments of liquidated damages, litigation, audit reports, repeated negative performance, records of repeated non-responsiveness to performance issues, and non-renewals of contracts. Such sources of Respondent performance may include any governmental entity, whether an agency or political subdivision of the State of Texas, another state, or the Federal government. Further, BRA may initiate such examinations of Respondent performance based upon media reports. Any such investigations shall be at the sole discretion of BRA and any negative findings, as determined by BRA, may result in non-award to Respondent.

6. Conflict of Interest Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local government entity (i.e., Brazos River Authority) must disclose in the Conflicts of Interest Questionnaire Form ("CIQ") the person's affiliation or business relationship that might cause a conflict of interest with the local government entity. By law, the CIQ must be filed with the BRA Records Management Officer no later than seven (7) days after the date (a) the person begins contract discussions or negotiations with the BRA, or (b) submits an application or response to a Request for Proposals, correspondence, or another writing related to a potential agreement with the BRA. Updated Questionnaires must be filed in conformance with Chapter 176.

A copy of the CIQ is attached. If you have any questions about compliance, please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 carries a penalty up to a Class A misdemeanor.

7. Disclosure of Interested Parties Pursuant to Section 2252.908 of the Government Code, the Selected Firm in contracts for the sale or purchase of property, goods, or services with a local government entity (i.e., BRA) anticipated to have a value of at least $250,000 must submit a Disclosure of Interested Parties Form to the local government entity that discloses all persons at the Selected Firm who have a controlling interest in the Selected Firm or who actively participated in facilitating the contract or negotiating the terms of the contract.

The requirements of Section 2252.908 of the Government Code are subject to change, and if you have any questions about compliance, please consult your own legal counsel.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

8. Term of Agreement The term of this Contract shall be for a period of one (1) year, commencing on the Effective Date, and may be renewed by subsequent agreement of the parties for up to four (4) additional one

(1) year periods, for a total potential term of five (5) years.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

9. Selection Process Proposals will be evaluated and scored based on the factors listed below:

1. Respondent Qualification - Specified professional license or certification in the form of a copy of a current license or certificate applicable to specified profession or trade;

2. Respondent Experience - Specified number of projects of similar size and scope, including detailed information regarding project size, dollar amount and scope of project for each individual project and any additional information necessary to evaluate vendor experience;

3. Ability to perform the contract or provide the service promptly, or in the time required, without delay or interference; and,

4. Respondent’s Proposed Plan for Providing Services.

10. Contract The executed contract between BRA and the Selected Firm shall be a BRA standard form contract for Professional Services. Contract terms are not subject to modification and the Selected Firm will be expected to execute the contract in substantially the form provided.

Respondents should not base a proposal on an expectation that BRA will modify its contract terms.

Compensation for services provided under the professional services contract to be entered into with the Selected Firm will be based on time and materials up to a total mutually agreeable not-to-exceed amount. Individual tasks under the contract will also be billed on a time and material basis up to a not-to-exceed amount for such task.

The BRA reserves the right to award contract(s) without any negotiations and reserves the right to not make awards. The BRA reserves the right to conduct studies and other investigations as necessary to evaluate any submittal. Submission of a proposal confers no legal right upon any Respondent.

The decision of BRA, or its designee with regard to the above, shall be administratively final.

BRA, in its sole discretion, may waive administrative deficiencies and/or minor technicalities in submittals received.

11. Insurance Requirements The Selected Firm shall, at Selected Firm’s sole expense, maintain insurance coverage as determined acceptable to the BRA. The Selected Firm must obtain the following minimum insurance requirements and provide proof to the BRA prior to entering into a contract:

General Liability Insurance:

Bodily Injury $ 1,000,000 per occurrence Property Damage $ 1,000,000 per occurrence Aggregate $ 2,000,000

Professional Liability: $ 1,000,000 per claim

Workers’ Compensation: Statutory

Automobile Liability: $ 1,000,000 per claim / aggregate

Employers’ Liability $ 1,000,000 policy limit

Before beginning any work under this agreement, the Selected Firm is required to register with myCOItracking.com and upload documentation that meets the insurance requirements outlined in this agreement. Work WILL NOT commence until the certificate of insurance is approved as compliant. The Selected Firm must add registration@myCOItracking.com and certificaterequest@myCOIsolution.com to their safe sender list to ensure receipt of essential communications from myCOI. If any issues arise during registration, please contact the myCOItracking support team at (317) 759- 9426.

12. Recycled and Recyclable Products The BRA encourages the use of recycled products and products that may be recycled or reused.

13. Delivery of Proposal Submittals Proposals may be submitted in one of the following manners:

Electronic Transmission. Electronic submittals will be received on the following platform.

BidNet Direct requires you to register at no charge.

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

Drop Box Submission Prior to Proposal Submission Deadline: Hand delivery of one sealed, clearly identified original signed paper copy submission may be received up to the proposal submission deadline contained in the solicitation at the Brazos River Authority, 4600 Cobbs Drive, Waco, TX, 76710, utilizing the secure drop box located near the front of the office building. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s proposal is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the proposal opening.

Mail-In Delivery: Mailed by commercial carrier, overnight or express mail, one sealed clearly identified original signed paper copy submission may be accepted by the Purchasing Agent or other designee up to the proposal submission deadline contained in the solicitation at the Brazos River Authority 4600 Cobbs Drive, Waco, TX, 76710. The BRA shall not be responsible for submissions that are not properly identified. Proper identification of Respondent’s proposal is the sole responsibility of the Respondent and failure to do so may result in the submission not being included in the proposal opening.

REQUEST FOR PROPOSALS

FRESHWATER MUSSEL SURVEY AND AQUATIC SPECIES RELOCATION SERVICES

RFP NO. 26-1391

ACKNOWLEDGMENT OF REQUEST FOR PROPOSALS AND

RECEIPT OF ADDENDA

RESPONDENT MUST ACKNOWLEDGE RECEIPT OF THIS REQUEST FOR PROPOSALS

AND ADDENDA BY SIGNING BELOW AND SUBMITTING THIS ACKNOWLEDGEMENT

WITH YOUR PROPOSAL. FAILURE TO SIGN THIS ACKNOWLEDGEMENT WILL

DISQUALIFY THE PROPOSAL AS NON-RESPONSIVE. SIGNATURE MAY BE DIGITAL,

ELECTRONIC OR HANDWRITTEN.

This acknowledgement shall become part of your response and the subsequent contract documents if applicable.

ACKNOWLEDGMENT OF REQUEST FOR PROPOSALS:

Respondent hereby acknowledges that it has received and read the Request for Proposals and all Addenda, and that this Proposal is made in accordance with the provisions thereof.

Respondent acknowledges that this Proposal meets or exceeds all terms, requirements, conditions, and/or specifications set forth in the Request for Proposals and Addenda, and exceptions or deviations from such terms, requirements, conditions, and/or specifications, if any, have been clearly and conspicuously identified as such in the Proposal.

Does your company have ten (10) or more full-time employees? Check one box only.

YES NO

Name of Firm (Respondent)

Signature – Authorized Representative

Printed Name

Date

E-mail Address

Telephone Number

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

FORM CIQ

OFFICE USE ONLY

Date Received

This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.

This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a).

By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code.

A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor.

1 Name of vendor who has a business relationship with local governmental entity.

Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.)

3 Name of local government officer about whom the information is being disclosed.

Name of Officer

4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.

Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary.

A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor?

Yes No

B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity?

Yes No

5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an

Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).

Signature of vendor doing business with the governmental entity Date ownership interest of one percent or more.

Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021

Revised 1/1/2021Form provided by Texas Ethics Commission www.ethics.state.tx.us

CONFLICT OF INTEREST QUESTIONNAIRE

For vendor doing business with local governmental entity

A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form.

Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on:

(A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity;

(B) a transaction conducted at a price and subject to terms available to the public; or

(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency.

Local Government Code § 176.003(a)(2)(A) and (B):

(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:

(2) the vendor:

(A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that

(i) a contract between the local governmental entity and vendor has been executed;

or

(ii) the local governmental entity is considering entering into a contract with the vendor;

(B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that:

(i) a contract between the local governmental entity and vendor has been executed; or

(ii) the local governmental entity is considering entering into a contract with the vendor.

Local Government Code § 176.006(a) and (a-1)

(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and:

(1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A);

(2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or

(3) has a family relationship with a local government officer of that local governmental entity.

(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of:

(1) the date that the vendor:

(A) begins discussions or negotiations to enter into a contract with the local governmental entity; or

(B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or

(2) the date the vendor becomes aware:

(A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a);

(B) that the vendor has given one or more gifts described by Subsection (a); or

(C) of a family relationship with a local government officer.

Revised May 2007

NON-COLLUSION AFFIDAVIT

STATE OF TEXAS §

COUNTY OF ________ §

By the signature below, the signatory for the bidder certifies that neither he nor the firm, corporation, partnership or institution represented by the signatory or anyone acting for the firm bidding this project has violated the antitrust laws of this State, codified at

Section 15.01, et seq., Texas Business and Commerce Code, or the Federal antitrust laws, nor communicated directly or indirectly the bid made to any competitor or any other person engaged in the same line of business, nor has the signatory or anyone acting for the firm, corporation or institution submitting a bid committed any other act of collusion related to the development and submission of this bid proposal.

Signature:

Printed Name:

Title:

Company:

Date:

SUBSCRIBED and sworn to before me the undersigned authority by the of, on behalf of said bidder.

Notary Public in and for the State of Texas

My commission expires: ____________

FORM – PSA05202025

https://brazos-my.sharepoint.com/personal/victor_venegas_brazos_org/Documents/CTJ/Desktop/Professional Services Agreement - 05.20.2025.docx

RFP: ______; SSS: ____ 1 of 20

STATE OF TEXAS §

COUNTY OF MCLENNAN §

PROFESSIONAL SERVICES AGREEMENT

In consideration of the mutual promises as set forth below, this Professional Services Agreement (“Agreement”) is entered into as of the date last executed below (“Effective Date”), by and between __________________ (“ENGINEER”), with a mailing address of ______________________, and the Brazos River Authority, (“BRA”), with a mailing address of 4600 Cobbs Drive, Waco, Texas 76710.

SECTION I. EMPLOYMENT OF THE ENGINEER AND PERFORMANCE OF

SERVICES

1.1 GENERAL: The BRA has determined the need for professional engineering and associated services (“Services”) in connection with ______________________________ (“Project”), as such Services and Project are more specifically set forth in “Exhibit A”, attached hereto and incorporated by reference herein for all purposes. The BRA hereby agrees to employ the ENGINEER and the ENGINEER agrees to perform such Services, and, in rendering such Services, the BRA agrees to compensate the ENGINEER for performance of the Services as stated in “Exhibit B”, attached hereto and incorporated by reference herein for all purposes.

1.2 PERFORMANCE OF SERVICES: The ENGINEER's employees and associates to be utilized in the performance of the Services for the Project are identified in “Exhibit A”. The person identified as Project Manager shown in “Exhibit A” shall not be changed without the BRA’s prior written acknowledgment and concurrence. ENGINEER shall report to BRA's designated Project Representative.

1.3 GEOTECHNICAL LABORATORY SERVICES: If geotechnical laboratory services are provided for the Project through this Agreement, either by the ENGINEER or its associates, these Services shall be performed by a laboratory accredited, in soils or geotechnical testing as appropriate, by the American Association of Laboratory Accreditation or by the American Association of State Highway and Transportation Officials. The ENGINEER agrees to provide evidence of such accreditation to the BRA on an annual basis for the duration of this Agreement.

1.4 OTHER LABORATORY SERVICES: If laboratory services are provided for the Project through this Agreement, either by the ENGINEER or its associates, these Services shall be performed in a laboratory selected by the ENGINEER (and/or the BRA as may be otherwise provided in this Agreement) as qualified to perform the Services.

my.sharepoint.com/personal/victor_venegas_brazos_org/Documents/CTJ/Desktop/Professional Services Agreement - 05.20.2025.docx

RFP: ______; SSS: ____ 2 of 20

SECTION II. BASIC PROJECT SERVICES OF THE ENGINEER

2.1 The ENGINEER shall provide, perform, and complete to the satisfaction of the BRA, all of the Services necessary for completion of the Project contemplated herein, in accordance with the Standard of Care (as defined in Section 2.3). A detailed description of the Project and the Services to be performed shall be attached hereto and incorporated by reference herein as “Exhibit A”. In performing the Services, the ENGINEER shall provide all necessary labor, services, transportation, equipment, information, data, and other means and items necessary to perform the Services.

2.2 ENGINEER shall provide professional and technical employees versed in fields of endeavor appropriate for the conduct of the Project including employees duly licensed and registered to practice engineering in the State of Texas, for each engineering discipline necessary for the Project, which employees shall have the professional abilities, experience and expertise to undertake studies, evaluations, determinations, and analyses to counsel the BRA in the selection and analysis of Project alternatives; to provide cost estimates, technical opinions and recommendations; and to provide professional engineering and associated services to the BRA for the Project.

2.3 The ENGINEER hereby agrees, as an independent contractor, to perform the Services herein contemplated in a manner consistent with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license, and as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer ("Standard of Care”).

2.4 The ENGINEER shall serve as the BRA's professional engineer in those phases of the Project to which this Agreement applies; and, shall give consultation and advice to the BRA during the performance of the Services.

2.5 It is understood and agreed by the ENGINEER that the BRA may, from time to time, make suggested revisions or recommendations regarding the Services to be performed under this Agreement. The ENGINEER may accept or reject any such suggestions or recommendations. Acceptance of any such suggestions or recommendations shall not relieve the ENGINEER of any of the ENGINEER’s responsibilities or obligations under this Agreement.

SECTION III. ADDITIONAL SERVICES OF THE ENGINEER

3.1 BRA and ENGINEER agree that the Scope of Services attached hereto as “Exhibit A” accurately reflects and contemplates all of the Services that ENGINEER has reasonably anticipated that ENGINEER will need to perform in order to accomplish the tasks set forth therein; however, in the event a circumstance arises through no fault of the ENGINEER that is beyond the scope of this Agreement and could not have been reasonably anticipated by the ENGINEER as being required to accomplish the tasks set forth herein and/or BRA requests that ENGINEER perform a service not set forth in this Agreement (collectively “Additional Service(s)”), ENGINEER shall, prior to performing any my.sharepoint.com/personal/victor_venegas_brazos_org/Documents/CTJ/Desktop/Professional Services Agreement - 05.20.2025.docx

RFP: ______; SSS: ____ 3 of 20 such Additional Service, notify BRA of such circumstance in writing (if the Additional Service is not requested by BRA), and if BRA is in agreement that the proposed service is an Additional Service and desires ENGINEER to perform such Additional Service, BRA and ENGINEER will negotiate a scope of work and a not-to-exceed fee in regard to the Additional Service. The not-to-exceed fee shall be in accordance with Section IV, Additional Services in “Exhibit B” of this Agreement.

3.2 Except as otherwise provided below in respect to contractor-recoverable costs, ENGINEER shall not perform any Additional Services until this Agreement has been amended to include the Additional Services. In the event Additional Services must be performed before an amendment can be executed due to an emergency or other urgent need, ENGINEER shall obtain written authorization from the BRA describing the nature of the emergency or urgent need prior to performing the Additional Services; provided, however, in the event of an imminent threat to life…