ESBD_565342_1792686445879_802-27-76631 RFP Aquatic Herbicide Services - Final.pdf

Texas Parks and Wildlife Department Purchasing and Contracting C-1

4200 Smith School Road Austin, Texas 78744

REQUEST FOR PROPOSALS

RFP No. 802-27-76631

Blanket Contract(s) for Aquatic Herbicide Application Services

NIGP Class/Items: 988-89, 675-90

RFP Issue Date: October 22, 2026 Questions Due: October 30, 2026; 2:00 PM CT

Proposal Due Date: November 17, 2026; 2:00 PM CT

Purchaser: Allye Potter, CPPB, CTCD 512-718-3703 Purchasing.BidBox@tpwd.texas.gov

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

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Table of Contents

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORKERROR! BOOKMARK NOT DEFINED.

1. Introduction ........................................................................................ Error! Bookmark not defined.

2. Background ........................................................................................ Error! Bookmark not defined.

3. Solicitation Method and Intent

4. Contract Term

5. Qualifications and Experience ......................................................... Error! Bookmark not defined.

6. Scope of Work and Specifications

7. Contractor Requirements

8. TPWD Responsibilities

9. Performance Measures

10. Contractor Selection for Individual Projects

11. Adding New Products/Services to Contract After Award

12. Modifications of Contract Terms and/or Amendments

13. Price Adjustments

14. Insurance

15. VetHUB Subcontracting Plan

16. Contract Administration

17. Invoicing and Payment

SECTION II – PROPOSAL REQUIREMENTS

1. Schedule of Events

2. Inquiries

3. Proposal Content

4. Proposal Submission

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5. Delivery of Proposals

6. Evaluation and Award

SECTION III – GENERAL TERMS AND CONDITIONS

EXHIBIT A – EXECUTION OF PROPOSAL

EXHIBIT B – HUB SUBCONTRACTING PLAN

EXHIBIT C – PRICE SHEET

EXHIBIT D – COMPANY PROFILE

EXHIBIT E – KEY PERSONNEL

EXHIBIT F – PAST PROJECTS WITH CORRESPONDING REFERENCES

EXHIBIT G – EQUIPMENT LIST

EXHIBIT H – TECHNICAL PROPOSAL

EXHIBIT I – CERTIFICATE(S)/LICENSE(S)

EXHIBIT J – SPILL CONTINGENCY PLAN

EXHIBIT K – RESPONSE SUBMISSION CHECKLIST

ATTACHMENT 1 – SERVICE AREA / ZONE MAP

RFP No. 802-27-76631 Page 4 of 5

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. INTRODUCTION

1.1. Texas Parks and Wildlife Department (TPWD) is seeking proposals to establish a blanket contract(s) to provide spray-boat (also referred to as watercraft), drone sUAS (small unmanned aerial systems), and ATV-based (all-terrain vehicle) Aquatic Herbicide Application Services for the treatment and control of nuisance aquatic vegetation on water bodies located throughout Texas, in accordance with the following specifications and terms and conditions.

1.2. TPWD shall furnish all herbicides and surfactants to be utilized under the awarded contract(s). TPWD reserves the right to require Contractor to supply herbicide and/or surfactant products for individual projects for reimbursement. TPWD will furnish no other material, labor, equipment, or facilities unless otherwise provided for in this contract.

2. BACKGROUND

2.1. TPWD is responsible for managing fish and wildlife resources in the State of Texas. TPWD is responsible for managing and taking measures to control nuisance aquatic vegetation on public bodies of water directly controlled by TPWD. TPWD focuses on plant stands that directly affect the health and recreational use of those resources and works with other organizations to develop treatment measures that minimize harm to the environment. Overabundant vegetation can limit recreational access, restrict flow rates in canals and rivers, interfere with industrial water use, and harm fish and wildlife. In recent decades, species such as Hydrilla, Water Hyacinth, Giant Salvinia, Giant Reed, and Salt Cedar have invaded many Texas waterways. These introduced plants often grow rapidly, displacing more beneficial native aquatic and riparian species, and can travel from one watershed to another by way of boat propellers, boat trailers, bilges, and live wells; they can also be further spread downstream and within a water body by fragmentation. Below are some examples of invasive aquatic plants and the damage they cause:

2.1.1. Giant Salvinia, a floating fern from southern Brazil, is currently one of the most dangerous invasive aquatic plants in Texas. Giant Salvinia infestations often expand very rapidly and can double in size in about a week under the right circumstances. It damages aquatic ecosystems by outgrowing and replacing native plants that provide food and habitat for native animals and waterfowl. Additionally, it blocks sunlight and decreases oxygen concentrations to the detriment of fish and other aquatic animals. When plant masses die, decomposition lowers dissolved oxygen still further.

2.1.2. Giant Reed (Arundo Donax), also called Carrizo Cane or Georgia Cane, has become one of the most problematic invasive aquatic/riparian plants in Texas, especially in Hill Country rivers and streams. This species forms dense, monoculture stands (i.e., patches of only giant reed), dominating and crowding out native vegetation.

2.1.3. Additionally, large stands (i.e., patches) of Giant Cane trap sediment, stabilize banks, and alter the morphology of the river channel (narrowing, deepening, reducing braiding), degrade habitat quality, and impact storm water conveyance capacity. Salt Cedar, a shrubby invasive tree, has similar impacts on large, low-gradient braided rivers in Western portions of the state. Both Giant Cane and Salt Cedar significantly degrade both riparian and instream habitats. Both species can spread laterally throughout the floodplain, resulting in significant infestations. Infestations on rivers often require treatment using land-based equipment such as backpack sprayers and ATV-mounted sprayers.

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3. SOLICITATION METHOD AND INTENT

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

3.2. It is TPWD’s intent to identify qualified vendors and award multiple contracts for Aquatic Herbicide Application Services. It is TPWD’s sole discretion to determine best value. Respondents may propose one or more application methods such as watercraft, ATV, drone, or a combination of these application methods. Refer to Exhibit C – Price Sheet for more details.

3.3. After award, TPWD will identify individual projects as they become available by issuing a Scope of Work detailing the work to be performed for each project. TPWD will select a Contractor that is determined to provide the best value to the agency for each project. Refer to Section I, Subsection 10 - Contractor Selection for Individual Projects for more details.

4. CONTRACT TERM

4.1. Initial Contract Term: The contract shall commence on the date of execution, and continue through August 31, 2028, unless sooner terminated under the terms of the contract.

4.2. Renewal Option: Contract may be renewed for up to four (3) additional one (1) year periods, provided both parties agree in writing prior to contract expiration date. Any renewals shall be in accordance with the original terms and conditions plus any approved changes. If renewal options are exercised, TPWD will provide a new timeline and delivery schedule to the Vendor.

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

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

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

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

5. QUALIFICATIONS AND EXPERIENCE

5.1. Minimum Qualifications and Experience: Respondent (and awarded Contractor) shall meet the minimum qualifications specified below. If subcontractor(s) will be used to fulfill services for any portion of the Respondent’s proposal, Respondent’s years of experience cannot be combined with subcontractor(s)’ experience to meet minimum requirement. Refer to Section III – General Terms and Conditions, Paragraph 56 for subcontractor requirements:

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5.1.1. Shall be engaged in the business of providing spray-boat, drone, and/or ATV-based application of aquatic herbicides and surfactants and have a minimum of three (3) years of professional experience providing services similar in type and quantity to those listed herein. Recent start-up businesses do not meet the requirements of this solicitation. (A start-up business is defined as a new company that has no previous operations history or expertise in the relevant business and is not affiliated with a company that has that history of expertise.)

5.1.2. Shall have completed a minimum of three (3) projects within the last five (5) years similar in type to those described herein.

5.1.3. Shall have a current Commercial Pesticide Applicator’s License AND Aquatic Certification from the Texas Department of Agriculture (TDA) and must maintain active licenses and certifications throughout the term of any resulting contract.

(https://texasagriculture.gov/Regulatory-Programs/Pesticides/Pesticide-Commercial- Noncommercial-Applicator-Lice)

5.1.4. If offering drone application services, each Contractor’s Remote Pilot-In-Command (RPIC) shall, at a minimum, possess the credentials listed below. Respondents offering drone application services who do not meet these minimum requirements shall be disqualified (from providing drone application services only):

5.1.4.1. An active Federal Aviation Administration (FAA) Remote Pilot Certificate (Part

107) https://www.faa.gov/uas/commercial_operators/become_a_drone_pilot,

5.1.4.2. An active Agricultural Aircraft Operator Certificate (AAOC; Part 137) https://texasagriculture.gov/Regulatory-Programs/Pesticides/Agricultural- Applicators/Drone-Application-of-Pesticides, AND

5.1.4.3. Operations Over People Waiver (Part 107) as applicable, as well as any other necessary Part 107 waivers or other requirements for full FAA compliance, https://www.faa.gov/uas/commercial_operators/part_107_waivers

5.1.4.4. Knowledge of all FAA regulations and requirements pertaining to drones.

5.1.4.4.1. FAA Part 107 – Commercial Drone Operation:

https://www.faa.gov/uas/commercial_operators;

5.1.4.4.2. FAA part 137 - Dispensing Chemicals and Agricultural Products with UAS:

https://www.faa.gov/uas/advanced_operations/dispensing_chemic als

5.1.5. Shall be experienced in the safe use, handling, storage, and application of herbicides to terrestrial and/or aquatic systems and operation of necessary vehicles, aircraft, or equipment as applicable to the service being performed.

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

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

https://texasagriculture.gov/Regulatory-Programs/Pesticides/Pesticide-Commercial-Noncommercial-Applicator-Lice https://texasagriculture.gov/Regulatory-Programs/Pesticides/Pesticide-Commercial-Noncommercial-Applicator-Lice https://www.faa.gov/uas/commercial_operators/become_a_drone_pilot https://texasagriculture.gov/Regulatory-Programs/Pesticides/Agricultural-Applicators/Drone-Application-of-Pesticides https://texasagriculture.gov/Regulatory-Programs/Pesticides/Agricultural-Applicators/Drone-Application-of-Pesticides https://www.faa.gov/uas/commercial_operators/part_107_waivers https://www.faa.gov/uas/commercial_operators https://www.faa.gov/uas/advanced_operations/dispensing_chemicals

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5.2. Preferred Qualifications & Experience:

5.2.1. Experience treating a variety of aquatic and riparian vegetation types (i.e., submerged, floating, rooted, emergent, riparian).

5.2.2. For riparian vegetation (river sites), experience in targeted, species-specific spot-treatment applications (i.e., not only broadcast applications).

5.2.3. Experience in aquatic herbicide application service on large public water bodies and/or rivers as applicable.

5.2.4. Experience in application service on both public and private lands.

5.3. Supporting Documentation: Respondent shall complete and submit Exhibit D – Company Profile, Exhibit E – Key Personnel, Exhibit F – Past Projects with Corresponding References, Exhibit G – Equipment List, Exhibit H – Technical Proposal, Exhibit I – Certificate(s)/License(s), and Exhibit J – Spill Contingency Plan with proposal to provide documentation to support the above qualifications. (Refer to Section II, Subsections 3.) Upon request, Respondent shall provide additional documentation regarding their qualifications, ability, and capability. TPWD will be the sole judge in determining the sufficiency of the Respondent's resources and ability to perform the contract or provide the service.

6. SCOPE OF WORK AND SPECIFICATIONS

6.1. Standards:

6.1.1. All work shall be performed and completed in a thorough and workmanlike manner in accordance with best modern practice, regardless of any omissions from the attached specifications and/or drawings.

6.1.2. Contractor shall furnish a crew consisting of a minimum of two (2) persons per watercraft, ATV, or drone.

6.1.3. Contractor shall have at least one (1) TDA-licensed pesticide applicator in each watercraft, ATV, or drone at all times of operation. In accordance with state law, only the licensed applicator may conduct the pesticide application (Parks and Wildlife Code 11.084(b)) https://statutes.capitol.texas.gov/?tab=1&code=PW&chapter=PW.11&artSec=11.081

6.1.4. Contractor must be able to furnish backup equipment within 24 hours should the primary equipment become inoperable for any reason. This includes, but is not limited to, watercraft, ATV, drone, or herbicide delivery systems.

6.2. Service Schedule:

6.2.1. Contractor and TPWD shall mutually agree on the service schedule (dates and hours) at the time of award. All work shall be performed in accordance with time schedules developed or approved by TPWD in writing.

6.2.2. Normal working hours shall be Monday through Friday, during daylight hours, except on State and National holidays. https://hr.sao.texas.gov/holidays

6.2.3. Due to public use on weekends and holidays, work on these days is prohibited, unless prior written approval for alternate hours is obtained from TPWD.

6.2.4. Additional site-specific dates during which work may not be conducted shall be identified by TPWD and communicated to the awarded Contractor in writing as applicable.

https://statutes.capitol.texas.gov/?tab=1&code=PW&chapter=PW.11&artSec=11.081 https://hr.sao.texas.gov/holidays

RFP No. 802-27-76631 Page 8 of 9

6.2.5. Application services, at some locations, may be necessary eight (8) hours a day, five (5) days a week.

6.2.6. Multiple applications may be needed at some locations as conditions warrant when plants are actively growing.

6.2.7. Use of multiple spray-boats, ATVs, or drones for a project requires prior written approval by the TPWD Project Manager or designee.

6.3. Watercraft:

6.3.1. Contractor shall furnish a spray-boat as applicable to the service being performed.

Depending on project accessibility, airboats are recommended to provide better access to shallow areas, while mud boats may be required at other project sites. Specific project awards shall consider the type and quantity of equipment available for the designated project.

6.3.2. Spray-boats shall be required to be equipped with all applicable safety equipment (Fire Extinguisher, Type II Personal Flotation Devices (PFD), etc.) prior to the start of service for applicable projects.

6.3.3. Contractor may be required to have a minimum of three (3) airboats or mud boats at one time for some projects and/or locations.

6.4. All-Terrain Vehicles (ATV):

6.4.1. Contractor shall furnish ATVs, as applicable to the service being performed, capable of working in muddy, uneven terrain for treatment of aquatic or riparian invasive species such as Giant Cane that may not be accessible via watercraft.

6.4.2. Contractor may be required to have a minimum of two (2) ATVs at one time for some projects and/or locations.

6.4.3. ATVs shall be required to have all applicable safety equipment.

6.5. Drones (sUAS):

6.5.1. Contractor shall furnish drone(s), applicable software and equipment, capable of treating large areas and/or spot-treatment of Geographic Information System (GIS) targeted areas where applicable.

6.5.2. Each drone shall be FAA registered, and equipped with Remote ID, FAA registration markings, reliable control link, functional Return-To-Home (RTH) system, and any other functional safety equipment required by the FAA for operation (see links to regulations in Section 6.5.6), including any equipment specific to applicable waivers.

6.5.3. Each drone weighing more than 55 pounds (including the weight of the substance being dispensed) shall have the required FAA Part 137 exemptions (see links to regulations in Section 6.5.6).

6.5.4. Contractor must be able to provide a backup drone within 24 hours should the primary drone(s) become inoperable for any reason.

6.5.5. Contractor must be able to provide batteries (or other power mechanisms as applicable) sufficient for a minimum of 8-10 hours of spray operation per day, including the capacity to recharge for use on multiple consecutive spray days, if battery powered.

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6.5.6. Equipment shall be kept in good operating condition and full FAA compliance at all times. Non-conformance of equipment to State and Federal standards shall result in disqualification for award of future contracts under this solicitation.

6.5.6.1 FAA Part 107 - Commercial Drone Operation:

https://www.faa.gov/uas/commercial_operators

6.5.6.2 FAA part 137 - Dispensing Chemicals and Agricultural Products with UAS:

https://www.faa.gov/uas/advanced_operations/dispensing_chemicals

6.5.7. Remote Pilot-In-Command (RPIC) for drone operation shall have and maintain all applicable TDA and FAA certification at all times through the life of any resulting contracts. TPWD reserves the right to inspect documentation prior to service. Non-conformance with applicable certification or licensure requirements shall result in disqualification for award of future contracts under this solicitation.

6.6. Spray Equipment:

6.6.1. Contractor shall furnish all spray equipment suitable for the services being performed. Other industry-standard equipment may be used upon written approval by TPWD.

6.6.2. Weekly calibration of spray equipment shall be performed to ensure proper herbicide mixture delivery.

6.6.3. For watercraft and ATV-based applications, the following equipment may be used:

6.6.2.1. Injector type herbicide delivery systems, venturi-type mixing equipment, peristaltic pumps, and/or tank mixing of herbicides and surfactants shall be acceptable.

6.6.2.2. Spray equipment shall consist of hand-held spray equipment. Sprayer pumps may be injector or mixer-type equipment. Boom-mounted sprayers will be acceptable for use in open water applications. Backpack sprayers may be acceptable, with TPWD written pre-approval, for some riparian applications where access using an ATV is not possible.

6.6.2.3. ATV-based spray equipment shall include a hose reel with a minimum length of 300 feet.

6.6.2.4. When conducting ATV-based spray operations, Contractor shall provide large-capacity truck or trailer-mounted water storage tanks for chemical mixing, with an approximate 200-gallon total capacity minimum.

6.6.3. For drone applications, the following equipment may be used:

6.6.3.1. High-pressure diaphragm or centrifugal pumps will be acceptable.

6.6.3.2. Drone-based spray equipment shall have GIS integration or otherwise be capable of GIS-targeted spraying and provision of the required spray track documentation to TPWD, unless prior written authorization is given by TPWD.

6.6.3.3. Drone-based spray equipment shall have a minimum payload of 2 gallons. Application services, depending upon locations or service timeline, may require Contractor to have a drone with a greater minimum payload (e.g., 10 gallons).

6.6.3.4. Drone-based spray equipment used for most reservoir applications shall be capable of high-volume broadcast spraying, and shall have a minimum payload of 2 gallons, spray https://www.faa.gov/uas/commercial_operators

RFP No. 802-27-76631 Page 10 of 11 width minimum of 15 ft, variable flow rate (high flow rate capable), and wide-coverage nozzles. Application services, depending upon locations, may require Contractor to have a drone with a greater spray width.

6.6.3.5. Drone-based spray equipment for each drone used for riparian (river) applications or accessibility-limited or more precise reservoir applications shall be capable of precision spraying and obstacle avoidance, and shall have a minimum payload of 2 gallons, ability to limit spray width to 10 ft, variable flow rate (low flow capable), and precision nozzles. Application services, depending upon locations, may require Contractor to have a drone with ability to limit spray width to less than 10 ft.

6.6.3.6. For drone application projects in riparian areas, Contractor ability to also provide ATV-based herbicide application service (i.e., for areas under tree cover or otherwise inaccessible to drones) is preferred.

6.7. Daily Spray Log:

6.7.2. Contractor shall submit, to the designated TPWD staff, a daily spray log detailing each day’s activities. The daily spray log is required by the Texas Department of Agriculture (TDA) and shall be completed daily along with generating spray tracks or completing mobile application-based information.

6.7.3. Daily logs must be accurate and complete to include all information necessary for compliance with Texas Commission on Environmental Quality’s (TCEQ) Texas Pollutant Discharge Elimination System (TPDES) permit.

6.7.4. A Daily Spray Track (i.e., map of area sprayed or spray boat path) map file derived from a GPS unit or other applicable spray-tracking software shall be submitted in KMZ format (i.e., map data file with extension “.kmz”, commonly used with many navigation systems and compatible with most Geographic Information Systems (GIS)/mapping software for viewing), unless otherwise approved by TPWD. Map files produced in other formats shall be converted to KMZ format before submission to TPWD.

6.7.5. When required by TPWD, Contractor shall complete GIS-based documentation as instructed by the Project Manager using the Field Maps application or other project-specific mobile mapping application.

6.7.6. Blank Spray Log forms will be provided by TPWD. Completed log forms and spray tracks will be provided weekly to the designated TPWD Project Manager (unless otherwise specified by TPWD for spray tracks on a project-specific basis).

6.7.7. Corrections to spray logs, if required, must be submitted within five (5) working days of a request from TPWD.

6.8. Compliance with Laws, Ordinances, Statutes, and Regulations:

6.8.2. Contractor shall comply with all state and federal laws, ordinances, statutes, and regulations of all legally constituted authorities pertaining to the services requested herein, and shall obtain such permits, licenses, or other authorizations as may be required. These requirements supplement these specifications and shall take precedence in case of conflict.

6.8.3. All applications shall be conducted using all Personal Protection Equipment designated by the packaging label of the herbicide being applied.

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6.8.4. All drone-based applications shall be conducted under regulations of the FAA including 14 CFR Parts 61, 91, 107, and 137, as applicable. (See 14 CFR Ch I: https://www.ecfr.gov/current/title- 14/chapter-I).

6.8.5. No drone-based applications shall be conducted when wind velocity is at or exceeds as specified on the herbicide packaging label.

6.9. Contractor Identification:

Contractor shall post company signs on all vehicles. All Contractor’s employees must carry personal identification and copies of applicable licenses and/or certificates at all times.

6.10. Environmental Protection:

Contractor and its employees shall be knowledgeable of and follow environmental protection practices at all times, such as the following:

6.10.1. Contractor shall take proper care in handling and transporting herbicides and surfactants.

6.10.2. Contractor shall take care to minimize damage to non-target vegetation and private property adjacent to the treatment site.

6.10.3. Contractor and all its employees must be familiar with the spill contingency plan. Contractor must report any spills and adverse events of herbicides on non-target species or humans to the TPWD point of contact immediately by phone, after any necessary containment or cleanup procedures are conducted, or initiated, as appropriate—no later than end of day; completion of additional TPWD forms and coordination on reporting to TCEQ, if applicable, will be required unless completed by TPWD.

6.10.4. All herbicides and surfactants will be applied in strict accordance with their respective product labels. Contractor will be responsible for damage to any governmental or private facilities or properties, including non-target vegetation, as a result of the Contractor’s negligence.

6.11. Safety:

6.11.1. All applications shall be conducted according to standards and regulations established and enforced by the TDA, U.S. Environmental Protection Agency (EPA), and FAA.

6.11.2. Contractor shall ensure the safety of all personnel during spray operations, including the proper use of all Personal Protective Equipment, Personal Flotation Devices (PFD’s), and safe operation of all equipment.

6.11.3. Work areas and equipment will be maintained in a clean and orderly condition.

6.11.4. Contractor shall make every effort to ensure public safety, including the placement of warning signs at all areas being treated as required by the EPA and/or Occupational Safety and Health Administration (OHSA).

6.11.5. Contractor shall follow relevant safety rules and conduct the work in a safe manner, taking precautions necessary to protect person or property against injury or damage, and be responsible for such injury or damage.

6.12. Drift Control:

6.12.1. Drift control of herbicides and surfactants shall be a major concern for Contractors during all applications. Every effort shall be made to minimize or prevent any potential damage to https://www.ecfr.gov/current/title-14/chapter-I https://www.ecfr.gov/current/title-14/chapter-I

RFP No. 802-27-76631 Page 12 of 13 non-target aquatic vegetation, native terrestrial vegetation, or vegetation on private property adjacent to the treated areas.

6.12.2. All applications of herbicides shall be controlled at all times to prevent drift onto agricultural, ornamental, and other non-target plants. No herbicide applications shall be made when and where drift may damage these plants.

6.13. Spill Contingency Plan:

6.13.1. The Contractor shall have a spill contingency plan and have the plan on-site in the event of an accidental herbicide spill.

6.13.2. The plan must include an outline for the course of action, appropriate agencies to be contacted (contact persons and phone numbers), and the type and source of equipment needed for cleanup.

Contractors shall submit a copy of the spill contingency plan with RFP response. (Refer to Exhibit J). Respondents who do not provide a thorough, comprehensive Spill Contingency Plan will be evaluated accordingly.

6.14. Water Access:

TPWD shall seek to obtain access for the Contractor without a “use fee” for any public boat ramp on the reservoir(s); however, access at all ramps without a use fee is not guaranteed. TPWD will notify the Contractor at least two (2) days in advance when free access to a ramp is not granted.

Contractor must be prepared to pay the ramp “use fee” when this occurs and it shall be included in the cost of services.

6.15. Herbicides and Surfactants (Control Agents):

6.15.1. Herbicides and surfactants shall be provided by TPWD.

6.15.1.1. Exception: TPWD reserves the right to require Contractor to supply herbicide and/or surfactant products for individual projects (e.g., when TPWD is unable to obtain the required product(s) through an existing CPA Term Contract in a timely manner). Refer to Section I, Subsection 10.4 for more details.

6.15.2. Alternative herbicides and surfactants presently in storage by TPWD shall be used until depleted.

6.15.3. Additional herbicides and surfactants required shall be purchased by TPWD.

6.15.4. No substitution of herbicides or surfactants shall be allowed without the written permission of TPWD.

6.15.5. Contractors shall apply only those herbicides and surfactants prescribed by TPWD.

6.15.6. All herbicides and surfactants shall be labeled for aquatic use, mixed and diluted with water at application rate of 100 gallons of mix per treated acre, and applied in strict accordance with the herbicide manufacturer’s product labeling. Except as otherwise stipulated by TPWD in the scope of work for a specific project, including riparian spot treatments with volume rates.

6.15.7. Contractor shall be responsible for all transportation, loading, and mixing of herbicides and for proper disposal of any waste and containers.

6.15.8. Contractor shall transport all herbicides in factory-sealed, properly labeled containers.

Sealed containers shall be initially opened only in the presence of an end user agency

RFP No. 802-27-76631 Page 13 of 14 representative. TPWD reserves the right to analyze container samples at any time to ensure product compliance.

6.15.9. All herbicides shall be used in strict compliance with all herbicide manufacturer’s product label use instructions and precautions and manufacturer's material safety data sheets. Safety equipment and clothing shall be provided by the Contractor and used as necessary. Non-compliance by the Contractor with label use instructions or regarding safety requirements may result in termination of this contract without notice. Only herbicide materials prescribed for each job site shall be allowed to be in possession during conduction of the work.

6.16. Access to and Storage of Control Agents:

6.16.1. Herbicides and surfactants shall be signed out to the Contractor on an as-needed basis.

Access to herbicides and surfactants will be made available through TPWD personnel at any time with sufficient prior notification.

6.16.2. Herbicides and surfactants will be stored at a TPWD facility as designated by TPWD unless other arrangements are made to store herbicides and surfactants closer to the job site.

Contractor shall have the capability to store the herbicides and surfactants at a non-TPWD facility if needed for specific project(s). For contracts of 100 hours or more, Contractor shall provide storage for at least three (3) standard 48-inches x 48-inches shipping pallets loaded to 60-inches high, unless specifically exempted by TPWD.

6.16.3. Contractor shall be responsible for security of TPWD-provided herbicides and surfactants in their possession.

6.16.4. Pre-Treatment and Post-Treatment Surveys:

In order for treatments to be in compliance with the statewide TPDES Permit, Contractors must conduct both a pre-treatment survey (unless otherwise conducted by TPWD staff) and a post-treatment survey. Cost associated with these surveys (if applicable) is to be included in Contractor’s proposal for each individual project (Refer to Exhibit C).

6.17. Treatment Sites & Water Bodies

6.17.1. Refer to Exhibit C – Price Sheet for a list of potential treatment sites/water bodies that may require service under the resulting contract(s). TPWD reserves the right to add or remove service locations during the contract period.

6.17.2. Refer to Attachment 1 for a map of Texas Zones and Highway Districts related to locations of treatment sites listed in the Price Sheet.

6.17.3. Areas to be treated routinely will include boat ramps, marinas, and waterfront access in different areas of the reservoir. Although most boat-based applications will be within 1-2 miles of a boat ramp or marina, treatment of other areas may be required if specific infestations need attention.

Treatment areas will be specified for individual treatment projects.

6.17.4. NOTE: Areas to be treated using ATV-based equipment will consist primarily of private properties along rivers and creeks. Contractor shall be required to notify each property owner at least 24 hours prior to accessing the property. Landowner permissions for treatment shall be obtained in advance by TPWD. Use of the Field Maps or other ArcGIS mobile mapping application and/or web-based map shall be required to identify property locations and target plants for treatment.

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6.18. Targeted Plants:

Below is a list of invasive aquatic vegetation, potential targeted plants. TPWD may add or remove targeted plants during the contract period. Targeted plants vary by individual treatment site.

6.18.1. Alligator Weed

6.18.2. Cattail

6.18.3. Chinese Tallow

6.18.4. Common Salvinia

6.18.5. Coontail

6.18.6. Crested Floating Heart

6.18.7. Duckweed

6.18.8. Elephant Ear

6.18.9. Eurasian Watermilfoil

6.18.10. Giant Duckweed

6.18.11. Giant Cut Grass

6.18.12. Giant Reed

6.18.13. Giant Salvinia

6.18.14. Hydrilla

6.18.15. Paperbark

6.18.16. Salt Cedar

6.18.17. Southern Naiad

6.18.18. Water Hyacinth

6.18.19. Water Lettuce

6.18.20. Yellow Floating Heart

6.19. Potential Control Agents:

Below is a list of potential control agents (herbicides and surfactants) to be used in the resulting contract(s). TPWD may add or remove control agents during the contract period.

6.19.1. Herbicides:

6.19.1.1. Glyphosate

6.19.1.2. Diquat

6.19.1.3. 2,4-D

6.19.1.4. Triclopyr

6.19.1.5. Imazapyr

6.19.1.6. Florpyrauxifen-Benzyl

6.19.1.7. Chelated Copper

6.19.1.8. Fluridone

6.19.1.9. Penoxsulam

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6.19.1.10. Imazamox

6.19.1.11. Bispyribac

6.19.1.12. Flumioxazin

6.19.1.13. Metsulfuron Methyl

6.19.2. Surfactants:

6.19.2.1. Thoroughbred (Silicone Based Surfactant), or equivalent

6.19.2.2. Aquaking Max (Non-Ionic, Petroleum-Based Surfactant), or equivalent

6.19.2.3. Top Film (Surfactant)

6.19.2.4. Sunset (Methylated Seed or Vegetable Oil) Or Equivalent

6.19.2.5. Breeze (Saccharides, Alkyl Polyglucoside, Ammonium Sulfate) or equivalent

6.19.2.6. Droplex or Grounded (Drift Minimizer and Canopy Penetrant) or equivalent

6.20. Quantities:

6.20.1. Climate and other varying factors affect aquatic plant growth, and thus the amount of service needed to control nuisance vegetation may vary each year, making it difficult to predict future quantities and treatment locations. The resulting contract award(s) does not guarantee volume or commitment of funds, and any quantities specified herein shall not be construed as a minimum or a maximum order quantity.

6.20.2. As projects are identified, TPWD will select Contractor(s) as described in Section I, Subsection 10 and will specify project quantity in the Project Scope of Work. TPWD will only pay for hours spent conducting pre-treatment and post-treatment surveys or treating vegetation.

6.20.3. Minimum Fee:

TPWD anticipates most projects will involve eight (8) hours of service or more. A six (6) hour minimum fee will be allowed for any projects involving less than six (6) hours of spray-time.

The Respondent must specify in their response if a minimum fee is required for service.

6.20.4. Historical Data:

The following table provides a breakdown of “contracted” aquatic herbicide application service for selected water bodies over the previous approximate 5-year period (not including current fiscal year 9/1/2025 to present). Interannual variation in service hours is influenced by a number of factors, including winter temperatures and rainfall as well as timing of treatment start when treatment crosses fiscal years. Service for other water bodies listed herein was minimal/time-limited or performed in-house during the specified time frames if services required.

* indicates boat-based application

** indicates ATV-based

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Historical Contracted Service Hours (approximate) Water Body 9/1/2020-

8/31/2021 9/1/2021- 8/31/2022

9/1/2022- 8/31/2023

9/1/2023- 8/31/2024

9/1/2024- 8/31/2025 Totals

Caddo Lake* 3,864 3,214 4,187 2,234 2,547 16,046 Toledo Bend* 1,152 1,167 946 615 955 4,835 Choke Canyon Reservoir* 0 193 112 0 17 322 Taylor Bayou* 162 293 237 57 69 818 Big Hill Bayou* 85 125 170 33 19 432 Hillebrandt Bayou* 70 61 14 17 17 179 Cow Bayou* 0 0 61 32 0 93 Adams Bayou* 0 0 26 10 0 36 Pedernales River** 163 35 218 46 141 603 Blanco River** 234 60 207 86 121 708 Guadalupe River** 176 51 90 77 59 453 Medina River** 22 24 33 30 36 145 Llano River** 17 12 14 16 21 80 Total per Term 5,945 5,235 6,315 3,253 4,002 24,750

7. CONTRACTOR REQUIREMENTS

7.1. Contractors shall provide all necessary labor, transportation, travel and per diem, equipment, materials, supplies (excluding herbicides and surfactants when supplied by TPWD), and any other need necessary or incidental to successfully complete the required service in accordance with specifications contained herein. Contractor is responsible for all costs incurred in the performance of the contract. Price rate shall be inclusive of all applicable costs.

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

7.3. Contractor shall conduct landowner notifications prior to accessing private properties for which TPWD has obtained permission for access and herbicide application. Contractor will be required to notify each property owner at least 24 hours prior to accessing the property.

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

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

7.6. Contractor is responsible for all costs incurred in the performance of the contract.

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

7.8. Contractor must maintain equipment used for herbicide application and ensure it is kept in good operating condition throughout the contract term. Equipment that fails to meet this standard may result in rejection of Contractor’s project quotes and submission of an unsatisfactory vendor performance report.

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

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7.10. Contractor shall attend all scheduled meeting as required by each project’s scope of work and schedule.

7.11. Contractor shall be knowledgeable in identifying aquatic and target riparian vegetation species and the use of handheld or boat-mounted GPS units or other software/equipment, as applicable, to document treated areas.

7.12. Contractor shall be experienced in the safe use, handling, storage, and application of aquatic herbicides and operation of necessary pump equipment, outboard motors, airboat operation, ATV operation, and any other necessary equipment. TPWD reserves the right to inspect and accept equipment prior to work commencing.

7.13. All persons applying chemicals must be licensed by the Texas Department of Agriculture; by Texas State Law no persons applying chemicals may be unlicensed, even if working under licensed applicator supervision.

7.14. Remote Pilot in Charge (RPIC) or other persons operating drones for applying chemicals and all drones used for application must have appropriate FAA certification, registration, waivers, or exemptions.

8. TPWD RESPONSIBILITIES

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

8.2. TPWD will designate a Project Manager for each project identified. The Project Manager shall develop the project scope of work and serve as point of contact for the project.

8.3. TPWD will furnish no material, labor, equipment, or facilities unless otherwise provided for in this contract.

8.4. TPWD will obtain landowner permissions for treatment in advance of scheduled service.

8.5. TPWD will provide herbicides and surfactants for treatment projects, unless otherwise stated in the project scope of work.

8.6. TPWD reserves the right to inspect and approve any herbicide application equipment to be utilized by the Contractor. This includes, but is not limited to, the watercraft, ATV, or drone..

8.7. TPWD may request and inspect the Contractor’s certificate(s) and/or license(s) for compliance during the contract term.

8.8. TPWD shall assume no responsibility for the equipment nor for injury to employees of the Contractor, nor for damage or injury to persons or property of third parties at any time as a result of work performed under this contract. The Contractor shall hold and save the State and its officers and agents harmless from all claims for personal injuries, property damages, or other claims arising out of his prosecution of the work under this contract.

9. PERFORMANCE MEASURES

9.1. Contractor will be responsible for the performance of any contractual obligations that may result from an award based on this RFP and shall not be relieved due to non-performance of any or all subcontractor(s).

By submitting a proposal, the Respondent commits to providing the goods and services required in the RFP. The successful Respondent(s) will be required to abide by TPWD policies, procedures, standards and guidelines relevant to the execution of this contract.

9.2. TPWD will measure and evaluate the Contractor’s and/or subcontractor’s performance under the contract.

If the Contractor or subcontractor does not meet any standards for deliverables and/or performance incentives (if applicable), TPWD may impose remedies if the Contractor or subcontractor(s) fails to meet

RFP No. 802-27-76631 Page 18 of 19 their responsibilities as outlined in the RFP and the terms and conditions of the contract. All services and deliverables under the contract shall be provided at an acceptable quality level and in a manner consistent with acceptable industry standards, customs, and practices. In the event TPWD deems that the Contractor’s performance does not meet an acceptable quality level of service and deliverables, TPWD may seek or negotiate remedies with the Contractor on a project-by-project basis.

10. CONTRACTOR SELECTION FOR INDIVIDUAL PROJECTS

10.1. TPWD will determine which, if any, treatment sites require Aquatic Herbicide Application Services, including the exact location and size of the treatment area.

10.2. As specific projects become eligible, TPWD will develop a project Scope of Work and select a Contractor for each project by one of the following methods: (a) select Contractor from the awarded contracts based on experience, application delivery method, location, or availability for the service area as determined to be in the best interest of TPWD, or; (b) request project quote from one or more awarded Contractor(s) for a specific project. Each project will be awarded to the Contractor determined to provide best value to TPWD. It is TPWD’s sole discretion to determine best value.

10.3. In some cases, the Contractor(s) may be required to conduct site inspection prior to submitting a quote for a specific project to confirm they can meet TPWD objectives and avoid non-target vegetation.

10.4. If TPWD determines that the Contractor must furnish herbicide and/or surfactant (products) for a specific project, TPWD will provide a list of the required product(s) needed for the application. The Contractor must include itemized product pricing of the requested products with their quote submission for the project.

Products must be quoted at fair market value. Contractor will leave any remaining product(s) with TPWD after application and will invoice the agency accordingly. Refer to Section I, Subsection 6.15 for approval of herbicides and/or surfactants.

10.5. TPWD will issue a detailed work order for each assigned project to the selected Contractor(s), to include the following documentation:

10.5.1. Purchase Order

10.5.2. Map(s) showing areas to be treated

10.5.3. Project Scope of Work (Refer to Attachment 1 for sample Scope of Work).

11. ADDING NEW PRODUCTS/SERVICES TO CONTRACT AFTER AWARD

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

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

12. MODIFICATIONS OF CONTRACT TERMS AND/OR AMENDMENTS

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

12.2. The Contract may only be modified or amended upon mutual written agreement of TPWD Purchaser(s) and the Contractor.

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

13. PRICE ADJUSTMENTS

13.1. Extension Period Pricing: A price escalation may be allowed upon renewal provided the Vendor notifies TPWD Contracting Section, in writing. The price escalation shall correlate with an appropriate U.S.

government-published index, such as Employment for Pesticide Handlers, Sprayers, and Applicators, Vegetation in Landscaping Services in the United States. Baseline index shall be the index published the month of award. Prices may be adjusted for each renewal period in accordance with changes in index over the preceding term. Failure to comply with these instructions may be grounds for disallowance of a price escalation as allowed herein.

13.2. Price Decreases: Price decreases will be allowed at any time. Contractor shall apply price decreases as soon as practicable following their determination. Any price reductions passed on to other customers shall be correspondingly offered at the same ratio to TPWD. Contractor’s failure to promptly notify TPWD of such industry-wide price decreases may constitute a breach of contract and the contract may be canceled.

TPWD reserves the right to award any canceled contract to the next lowest responsive Respondent or rebid, whichever is in TPWD’s best interest.

14. INSURANCE

14.1. Contractor shall procure and maintain during the entire period of their performance under this contract the following minimum insurance.

Type of Insurance Each Occurrence/Aggregate Workers Compensation STATUTORY LIMITS Employer's Liability Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease

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

Commercial General Liability General Aggregate Applies Per Project

$2,000,000 Aggregate $5,000 Medical Expense each person

$50,000 Damage to Premises Rented to You $2,000,000 Products Completed Operations $1,000,000 Personal & Advertising Liability $1,000,000 Each Occurrence

Automobile Liability All Owned, Hired and Non-Owned Vehicles

$1,000,000 Combined Single Limit

Aircraft General Liability (drones only) Single Limit Bodily Injury & Property Damage

$1,000,000 Each Occurrence

Pesticide/Herbicide Applicator Coverage (Professional & Chemical/Pollutant Liability)

Endorsement containing wording equivalent to CG 01 56 (Note: CG 01 56 is a copyrighted insurance form published by the Insurance Services Office, related to pesticide or herbicide applicator coverage.)

14.2. Policy must contain an additional insured endorsement: The State of Texas, acting through Texas…