ESBD_File_344048_802-24-42801 RFP Living Shoreline_Carbon Project.pdf

Texas Parks and Wildlife Department Purchasing and Contracting C-1

4200 Smith School Road Austin, Texas 78744

REQUEST FOR PROPOSALS

RFP No. 802-24-42801

Living Shoreline / Carbon Sequestration Project at

J.D. Murphree Wildlife Management Area

NIGP Class/Items: 909-31; 959-35; 959-26

RFP Issue Date: December 8, 2023 Site Inspection: January 9, 2024; 12:00 – 3:00 PM CT Questions Due: January 17, 2024; 2:00 PM CT

Proposal Due Date: February 1, 2024; 2:00 PM CT

Purchaser: Tammy Dunham, CTCD CTCM Procurement Director

Purchasing.bidbox@tpwd.texas.gov

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

mailto:Purchasing.bidbox@tpwd.texas.gov

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Table of Contents

SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. Introduction

2. Background

3. Project Objectives

4. Solicitation Method and Intent

5. Qualifications and Experience

6. Agreement Term

7. Scope of Work and Specifications

8. Surface Use Agreement and Construction Terms for J.D. Murphree WMA

9. Carbon Credit/Offsets Requirements

10. Project Developer Requirements

11. TPWD Responsibilities

12. Performance Measures

13. TPWD Reserved Rights

14. Modifications of Agreement Terms and/or Amendments

15. Insurance

16. Payment and Performance Bonds

17. Subcontracting

18. Contract Administration

SECTION II – PROPOSAL REQUIREMENTS

1. Schedule of Events

2. Pre-Proposal Site Inspection

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3. Inquiries

4. Proposal Content

5. Proposal Submission

6. Delivery of Proposals

7. Evaluation and Award

SECTION III – GENERAL TERMS AND CONDITIONS

EXHIBIT A – EXECUTION OF PROPOSAL

EXHIBIT B – COMPANY PROFILE

EXHIBIT C – KEY PERSONNEL

EXHIBIT D – PAST PROJECTS WITH CORRESPONDING REFERENCES

EXHIBIT E – TECHNICAL PROPOSAL

EXHIBIT F – RESPONSE SUBMISSION CHECKLIST

ATTACHMENT 1 – J.D. MURPHREE MAP OF PROPOSED AREA

ATTACHMENT 2 – PAYMENT BOND

ATTACHMENT 3 – PERFORMANCE BOND

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SECTION I – GENERAL INFORMATION AND STATEMENT OF WORK

1. INTRODUCTION

a) Texas Parks and Wildlife Department (TPWD) is seeking proposals from public or private entities to provide nature-based carbon sequestration services by constructing approximately 39,463.92 feet of living shoreline located at TPWD J. D. Murphree Wildlife Management Area (WMA), See Map - Attachment 1.

b) HB4018, passed in the 88th Legislative Session and effective Sept. 1, allows TPWD to enter into agreements through an innovative conservation model providing both wetland protection and carbon credit-based revenue without any direct funding from the agency. HB4018 authorizes the development of nature-based structures on land primarily used for game or fish conservation, protection, or management.

c) TPWD is seeking a partner willing to fund and construct certified nature-based structures that will be maintained and repaired during the life of the Agreement to include repair due to storm-induced structural damage. TPWD expects partner to fund all construction costs, maintain and repair the structures for the life of the agreement, and share in generated revenue as a result of carbon credits.

d) The purpose of this project is to protect and restore coastal marsh and other coastal lands that provide valuable ecosystem services such as acting as a buffer against tidal storm surges, providing habitat for fish and wildlife, and providing recreational experiences to the public.

e) Without shoreline protection, the project site will continue to degrade over time. Vegetated coastal marsh will eventually convert to open water and the project site will lose capacity to serve as a natural buffer against storm surge. Further inland of the project site, public conservation, and recreation lands (including infrastructure), private property, livestock, grazing lands, and habitats for fish and wildlife will have an increased risk to severe damage from storm surge and protracted recovery.

f) Natural restoration of subtidal and intertidal emergent marsh will occur in the area between the constructed structure and the shoreline. The shoreline will be stabilized as waves break against the structure and not the shore; thus, marsh vegetation will naturally recolonize along the protected shoreline and trap sediments behind the structure to promote marsh accretion. The structure and the naturally restored shoreline will protect valuable habitats for fish and wildlife populations and sustain the capacity of the protected vegetated marsh to act as a buffer against tidal storm surges for the benefit of the community.

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2. BACKGROUND

a) The J. D. Murphree WMA is a 25,852-acre tract of fresh, intermediate, and brackish water coastal marsh on the upper coast of Texas. These wetlands are part of the Texas Chenier Plain, the westernmost geologic delta of the Mississippi River. The WMA represents the coastal marshes of the Texas Chenier Plain and is managed as wetland habitat with a special emphasis on migratory waterfowl habitat.

b) The WMA is highly diverse in coastal wetland communities including freshwater, intermediate, brackish and to small extent saline wetlands. Plants typically found in freshwater wetlands include cattails, California bulrush, Jamaican sawgrass, lotus, and arrowheads (Sagittaria species) with floating nuisance and invasive plants such as giant Salvinia and water hyacinth becoming more abundant. Marshes with a little salt influence support plants such as seashore paspalum, cordgrass, banana waterlily and spikerushes. Cordgrass, salt grass, widgeongrass and dwarf spike rush are plants indicative of brackish marshes, where the influence of salt water is higher, while oystergrass is the dominant plant of salt marshes near Sabine Lake.

c) Since the 1930s the marshes in and around what is now the Salt Bayou Unit of the J. D.

Murphree WMA have been lost at a rapid rate. In response, a multi-agency stakeholder group formed in 2000 to identify the major causes of loss and find ways to stop or reverse the trend.

The group developed the Salt Bayou Watershed Restoration Plan to provide a watershed scale framework for management of these coastal wetlands.

3. PROJECT OBJECTIVES

a) To utilize the proposed construction of the living shoreline that maximizes nature-based coastal infrastructure systems which provide resilience against wetland and ecosystem service loss due to erosion, and the loss of wetlands due to sea level rise and thus loss of carbon sequestered in the wetlands.

b) To evaluate the use of Living Shoreline Projects for the conservation of fish and wildlife habitat and other ecosystem services, in coastal wetlands on public lands, specifically those owned and managed by TPWD.

c) To create strategies and solutions for the long-term stewardship of Living Shoreline Projects.

4. SOLICITATION METHOD AND INTENT

a) The Request for Proposal (RFP) solicitation method allows qualified respondents to submit a written proposal addressing pricing, qualifications, experience, project schedule, approach and other factors that will be employed to ensure successful accomplishment of the requirements

RFP No. 802-24-42801 Page 6 of 61 set forth herein. TPWD will review, compare, and evaluate responses based on the criteria and weights identified in this RFP.

b) It is TPWD’s intent to identify qualified Respondents and award one contract for services described herein. The awarded Project Developer will be responsible for subcontracting all services, supplies, and incidentals necessary to successfully complete and maintain the project.

5. QUALIFICATIONS AND EXPERIENCE

a) Minimum Qualifications and Experience: Respondent (and awarded Project Develop) shall meet the following minimum qualifications:

i) Shall be engaged in the business of working on Carbon Projects and emerging techniques to estimate carbon sequestration in wetlands or 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.)

ii) 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.

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

b) Minimum Construction Qualifications and Experience: Respondent or Subcontractor(s) shall meet the following minimum qualifications.

i) Experience with engineering design and construction of living shorelines and other coastal restoration projects

ii) Engineers must be licensed professional engineers by a Board of Professional Engineers

iii) Demonstrated experience as the Prime Contractor on marine construction projects and/or aquatic environmental restoration projects within the past 5 years.

iv) Any changes to subcontractors, if applicable, must be approved by TPWD.

c) Supporting Documentation: Respondent shall complete and submit Exhibit B – Company Profile, Exhibit C – Key Personnel, Exhibit D – Past Projects with Corresponding References

RFP No. 802-24-42801 Page 7 of 61 with proposal to provide documentation to support the above qualifications. (Ref: Section II, Subsection 3.3.)

6. AGREEMENT TERM

a) Subject to all of the terms and conditions of the awarded Agreement the “Term” (herein so called) of the awarded Agreement shall consist, collectively, of each of the Development Term, Construction Term, and Crediting Term, as well as the closure and monitoring period following the Crediting Term (as those terms are defined below). Respondents shall provide an estimated Project Schedule and the term of each of the following Agreement periods in the Technical Proposal along with an explanation of tasks to be completed in each period.

i) Development Term.

(1) Due Diligence. Subject to earlier expiration because of the commencement of the Construction Term, the Effective Date of the awarded Agreement until completion of designated tasks shall be the “Development Term”. During the Development Term, and at no cost or expense to TPWD, Project Developer may conduct its due diligence and take any action that is reasonably necessary to assist in the design and obtain required permitting, without limitation, conducting engineering studies, economic studies, surveying, applying for permits and marketing; provided, however, that Project Developer may not make any material physical changes to the Property during the Development Term without the prior written approval of TPWD, which approval may be given or not in TPWD’s sole discretion.

(2) Permits. Project Developer is responsible for obtaining all required permits during the Development Term. Mandatory permits include, but may not be limited to, a United States Corps of Engineer (USACE) Section 404 permit and Texas Historic Commission permits related to cultural resources aspects. Prior to submitting the 404 application, Project Developer may be required to conduct threatened and endangered species surveys to expedite permit process.

(3) Progress Report. Beginning with the first such report due on the six-month anniversary of the Effective Date, and every six months thereafter during the Development Term, Project Developer shall prepare and submit to TPWD a “Development Term Progress Report”. Each Development Term Progress Report shall provide TPWD with an update of how development activities are progressing, including with regard to permitting activities, preliminary engineering reports, schematic design, design development, construction documents, and specifications. Additionally, any reporting on carbon credit evaluation and monitoring shall be included.

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(4) The design must be signed and sealed by licensed professional engineers by the Texas Board of Professional Engineers and must be approved by TPWD, and all required permits are obtained during the Development Term and prior to commencing to the Construction Term.

(5) If the Project Developer is unable to obtain permits, or if both parties cannot agree on an appropriate design within three (3) years, TPWD reserves the right to reassess the project and approve additional time or terminate the Agreement. If the Agreement is terminated under this clause, no expenses incurred by Project Developer will be reimbursed by TPWD.

ii) Construction Term

(1) Duration. Subject to the other provisions of this Agreement, the “Construction Term” shall (a) begin on the earlier of (i) the expiration of the Development Term, or (ii) the date on which Project Developer gives written notice to TPWD of its intent to proceed with construction of the Living Shoreline on the Property, and shall (b) end on the date that the Living Shoreline is complete and Verified (the “Complete Date”).

(2) Construction Plans. Project Developer acknowledges that, as the owner of the

Property, TPWD has a reasonable and legitimate interest in remaining informed about the location, design, construction, operation, and maintenance of the Project.

iii) Crediting Period

(1) Duration. The “Crediting Period” shall begin immediately upon the expiration of the

Construction Term (the “Crediting Commencement Date”). Respondents shall include the proposed term for Crediting within their Technical Proposal. The term of the Crediting period may be a factor in determining best value award.

(2) Project Developer’s General Obligations. During the Crediting Period, Project Developer shall maintain all permits necessary under applicable law for the initial and continued operation of the Project, obtain, operate, maintain, repair, and replace all safety lighting, signage on the breakwater and other parts and equipment as necessary for the safe and effective operation of the Project.

b) Terms and/or Contract Extensions: In the event that the term and/or Agreement, if any, resulting from the award of this RFP shall terminate or be likely to terminate prior to completion of the project requirements, TPWD may, with the written consent of the awarded Project Developer, extend the Agreement term for a period of time as may be necessary to permit successful completion of services. Appropriate period of time for such extension will be determined by TPWD. Any extensions shall be at the same terms and conditions, plus any approved changes.

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7. SCOPE OF WORK AND SPECIFICATIONS

a) Respondents shall propose solutions that meet the required outcomes. The specifications and scope of work outlined herein are to give Respondents information on existing breakwater structures and current conditions in this area. These are not intended to limit or define how the living shoreline shall be constructed. All Proposals will be evaluated, and award made best on best value and in the best interest of TPWD.

b) Project Developer is responsible for developing a suitable solution which is economical and achieves the purpose described in this solicitation.

c) Project Developer shall provide all labor, materials, tools, supplies, transportation, equipment, insurance, and any other expense necessary to design, construct, and maintain a living shoreline at the J.D. Murphree WMA designated area per Attachment 1 – Map, in accordance with the following Living Shoreline minimum requirements.

d) Accessibility to the construction site: There is no direct water route from the Gulf Intracoastal Water Way or Sabine Neches Waterway into Keith, Johnson, or Shell lakes. The SH87 bridge over the Keith Lake Fish Pass does not have enough clearance for most boats, including console outboards. The lakes are shallow, ranging from 2.5 ft deep in Shell Lake to 4.0 feet deep in the center of Keith Lake during normal tides. Lake bottoms have a gentle grade with water becoming shallow relatively far from existing shoreline.

e) The project is for a breakwater only and does not include creation or planting of marsh between the breakwater and existing shoreline. Breakwater is to be constructed of rock rip rap or such materials of sufficient mass or design (e.g., reef balls) to withstand constant wave action of Keith, Johnson and Shell lakes and storm surge from Category 1 hurricane or higher. The breakwater will be constructed with materials and methods of a type that can be easily repaired upon short notice and not be proprietary in nature.

For reference, other breakwaters in the area have used 650# stone gradation standards:

RIPRAP BREAKWATER

650# STONE GRADATION

Particle Mass (lbs.) % Lighter 650-280 100 280-130 50 40-130 25 40-0 5 Max

f) Soils in the proposed project area are soft clays with high organic content. Breakwater shall have geotextile fabric stabilization or other appropriate foundation for proposed materials.

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g) These lakes and marshes are frequently inundated throughout the year with as much as 2 feet of water during extended high tides or when a tropical depression is in the Gulf of Mexico. Height at crown of breakwater is to be high enough to dissipate wave energy from typical southeastern winds throughout the year but no lower than Mean High Water (MHW).

h) Breakwater will be in six (6) segments as depicted on the Attachment 1 - Map with approximate linear feet for each segment and distance from the existing shoreline as presented in the table.

Placement of breakwaters as specified is to prevent encroachment of the breakwater on future beneficial use of dredge material project adjacent to the breakwater site. Therefore, the offset from shoreline distances shall be considered a minimum distance.

Segment Linear feet (approx.) Offset from shoreline (ft)

1A 1170 130

1B 5329 225

1C 7183 100

1D 13417 132

1E 7822 210

1F 3204 265

i) Each segment shall have passages to allow ingress and egress of fish and larval marine organisms behind the breakwater during daily tidal exchange. These passages shall be designed to prevent or minimize erosion behind the breakwater during daily tidal cycles. Each segment will have a minimum of two (2) such passages or one every 1,000 feet whichever is greater.

j) A gap between each segment located at four boat passages into the marsh and one pipeline crossing will be maintained at a minimum of 150 feet. Gaps will be clearly marked with navigation aids. Warning signs will be placed along each segment of breakwater at a minimum of 500 ft. or to current Coast Guard standards.

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k) Project Developer shall design and construct the Living Shoreline, and operate the Project, so that there is a reasonable expectation that at least 99 percent of the CO2 sequestered in the Site will remain sequestered for at least 100 years. All work done by or on behalf of Project Developer with regard to the Project shall be (i) pursued diligently and timely, and performed in a good and workmanlike manner, and (ii) undertaken in full compliance with all applicable laws and regulations, as well as industry best practices, including as set out in International Standard ISO 27914 (ISO), and successor standards.

l) Project Developer shall observe the rules and regulations governing Occupational Safety and Health Standards as published by OSHA, for all operations and work that may be performed as requested in this solicitation.

m) Project Developer is responsible for securing all required permits and for all inspection and license fees required to complete the Work requested in this solicitation. Project Developer is responsible for coordinating with Texas Historical Commission and obtaining clearance before construction can begin. Project Developer is responsible for obtaining all required permits, including USACE Rivers and Harbors Act Section 10 and Clean Waters Act Section 404 permits for the project. Project Developer is responsible for locating buried pipelines and utilities.

n) Water Based Construction Requirements:

i) Construction methods and materials should follow the US Army Corps of Engineers (USCE) guidance and applicable industry standards for water-based construction. The project will meet all governing local, state, and national and/or regulatory agencies’ requirements, codes, permits, and agreements.

ii) Breakwater must be designed and constructed to consider resource conservation during construction and operation.

iii) For wildlife protections, Project Developer must use the best management practices to reduce suspended solids in the water during the Construction Period. Coordination with the United States Fish and Wildlife Service (USFWS) regarding Threatened and Endangered species found in and near the Project area to develop best management practices.

iii) Construction sites will be limited to the smallest possible area necessary to build project..

Current and reasonable mitigating and protective measures must be implemented during construction to preclude inordinate damage to vegetation, soil, water quality, wildlife habitat, and archeological resources. (Protective measures shall include, but not be limited to, temporary fencing, silt fencing, controlled vehicle and equipment parking, and controlled materials storage areas, etc.) The construction Project Developer is accountable for any undue or unnecessary environmental impact during construction. Construction can only begin after resource clearance approval has been granted.

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iv) Storm Water Drainage and Preventative Flood Design: To reduce the amount of flood damage, the structure should not interfere with the flow of floodwater.

v) Non-Development Areas: Landscape conditions in areas not associated with structure development will not be modified unless for public safety, species management, or necessitated by construction of dispersed-use facilities such as trails and wildlife viewing platforms. Terrain and plants may be manipulated, where necessary, to restore natural conditions on lands altered by human activity. In localized, specific areas, screen plantings may be established to protect the area from undesirable impacts of adjacent land uses.

vi) The planning, design, and development of the project should be expected to go through the TPWD facility design phase approvals of preliminary engineering reports (PER), schematic design (SD), design development (DD), construction documents (CD), and specifications.

Estimates of probable project costs will also require review and approval for each phase of the work.

o) Construction Schedule:

i) Project Developer shall submit an initial Work Progress Schedule for the Construction Phase not later than 21 days after the effective date of the Notice to Proceed with Construction to TPWD. The Work Progress Schedule shall be computerized Critical Path Method (CPM).

The initial schedule shall indicate dates for starting and completing various aspects required to complete the Work including mobilization, procurement, installation, testing, inspection, delivery of close-out documents and acceptance of all the Work.

ii) Project Developer shall update the Work Progress Schedule monthly, as a minimum, to reflect progress to date and current plans for completing the Work, while maintaining the original schedule as the baseline schedule.

8. SURFACE USE AGREEMENT AND CONSTRUCTION TERMS FOR J.D. MURPHREE

WMA

Access to awarded Project Developer and use of the WMA under the Agreement are subject to the following conditions:

a) Of paramount importance and concern to TPWD and to other state and federal wildlife officials, natural resource conservation authorities, and the public, is the conservation and management of sensitive wetlands habitats on the WMA. At all times, while on the WMA, Project Developer and its affiliates, agents, associates, staff, and Project Developers shall operate and comply in strict accordance with the awarded Agreement and permits and mitigation plans related to this project. Project Developer will also fully comply with any and all specific instructions provided by state and federal authorities having jurisdiction over this and all other activities on the WMA.

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b) All vehicles and equipment used for the construction and maintenance activities, including but not limited to amphibious excavators, airboats, outboard motorboats, support barges or other floating equipment, dredge pipe, or equipment approved by the designated TPWD Project Manager (“Project Manager”) shall remain on designated roads, or in designated areas, in accordance with the approved Work Plan, except for alternative routes or spaces designated by the Project Manager.

c) All work shall be conducted during hours and days as designated by the Project Manager.

Weather and water level conditions may prohibit access to the WMA. In the event of adverse weather conditions, the Project Manager may temporarily halt all operations or approve alternative means of access.

d) Cutting, clearing, or other vegetation or soil disturbances are prohibited except in accordance with the approved Work Plan or upon prior written approval of the Project Manager. Except as otherwise shown on the engineering plans, Project Developer’s engineering, procurement, and construction Project Developer shall protect vegetation adjacent to and within the construction site. If the Project Developer's work requires removal of vegetation, the Project Developer shall obtain written approval from the Project Manager prior to removal. Prior to entering and/or leaving the Land, all equipment shall be power washed and sufficiently cleaned to prevent the introduction of exotic and/or invasive species vegetation into the WMA. No herbicides or biocides are to be used on the WMA without the prior written consent of the Project Manager.

e) Entrance to and travel within the WMA shall be over existing roads, routes established in the Work Plan or USACE Permit, or as authorized in writing by the Project Manager. Project Developer will create a set of photographs prior to and following construction for all roads and assets used by Project Developer in association with this work. A copy of these photos will be provided to TPWD. All roads used in conjunction with the work shall be regularly maintained by Project Developer throughout operations to ensure accessibility by two-wheel drive vehicles towing a trailer.

At a minimum, all roads used in conjunction with the work will be maintained during the Construction Phase and if damage to roads occurs during maintenance and repair services with appropriate features installed as needed to minimize erosion. Damage to roads, gates, culverts, cattle guards, erosion protection features, and other physical features shall be repaired using like materials and shall be restored to preconstruction site conditions upon completion of the work by Project Developer and approved by the Project Manager. All restoration shall be performed to the satisfaction of the Project Manager. All restoration costs shall be borne by Project Developer.

f) In the event that Project Developer fails to remedy/repair/replace damages to roads, gates, culverts, cattle guards, erosion protection features, and other physical features, TPWD will provide written notice to Project Developer of the requirement to repair damages. If Project Developer fails to respond within 30 days of notice, TPWD may have damage corrected and will submit an invoice for payment to Project Developer. All damage repairs shall be accomplished

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g) Gates on the Land shall remain closed, unless otherwise authorized by the Project Manager.

Where access to the WMA is through a locked gate (route of entry to be determined by Project Manager), Project Developer may use TPWD's combination lock and shall provide gate security during Project Developer operations. Only authorized Project Developer employees or agents shall be allowed access to the WMA. No access to the WMA by Project Developer vehicles and employees is allowed except as necessary for the project operations authorized by this License.

h) Project Developer shall not damage water-holding facilities, dams, levees, water control structures, creeks, sloughs, tanks, or springs on the WMA.

i) Project activities will be planned and conducted at times that will not interfere with public hunts or other scheduled activities on the WMA. Hunt dates are established by the Texas Parks and Wildlife Commission at its May meeting each year. Project Manager will provide those dates, along with dates to be designated as "No Contractor Access" on the WMA prior to the dates becoming effective. To avoid disturbance of wildlife, Project Developer shall not conduct any activity on the WMA for at least 24 hours prior to scheduled hunt day(s). Project Developer shall coordinate with the Project Manager regarding likely dates for public hunts and for information about scheduled activities during the projected construction time frame. If operations are necessary during the regular waterfowl hunting season or during other scheduled public or TPWD activity dates, Project Developer shall coordinate with TPWD Project Manager to develop a plan of operations that avoids disturbance to both birds and visitors on the WMA.

j) Hunting and/or fishing on the WMA by Project Developer during the course of operations is prohibited in all circumstances.

k) Fires on the WMA are prohibited in all circumstances.

l) Use of alcohol and illicit drugs or any illegal activity on the WMA is prohibited in all circumstances.

m) Project Developer shall be directly responsible to TPWD and to any surface lessee and any other holder of a surface right for any damages caused by operations hereunder to wildlife, livestock, houses, fences, gates, roads, bridges, tanks, or other improvements or pasturage or growing crops on the WMA and access under this License is issued subject to the prior rights of any lessee of the WMA.

n) Nothing in the awarded Agreement is intended or should be construed (a) as an express or implied waiver of any claims or defenses by TPWD or Project Developer nor (b) as absolving Project Developer of any legal claim for damages TPWD may be entitled to assert resulting from Project Developer's negligence or wrongful conduct.

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o) Project Developer must obtain all clearances and authorizations necessary for this project, including but not limited to 404 Clean Water Act clearance, or Nationwide Permit, endangered/threatened/candidate species clearances and cultural resource clearances, and has provided written documentation of same to TPWD..

p) An Awarded Agreement will not relieve Project Developer of its responsibility for obtaining permission in compliance with Subchapter E, Section 191.131 (b) of the Texas Antiquities Code, as applicable. Project Developer should phone the office of the State Archeologist at

(512) 463-5711 for guidance and applicable instructions. As required by TPWD archeologist or the Texas Historical Commission, three copies of the completed archeological survey must be submitted to the TPWD, Wildlife Division Archeologist or Cultural Resources Coordinator.

Additional information or coordination is available from the Wildlife WMA Facilities Coordinator at 512-389-4407.

q) TPWD retains the right to require reasonable alternatives to disturbance in high resource value areas. All reasonable precautions, including consultation with the Project Manager, shall be taken to avoid disturbance of fish, wildlife, or critical plant resources on the WMA during Project Developer operations. Particular caution shall be taken to avoid and protect sensitive species and sensitive habitats, such as drainage. Activities affecting these species and habitats may require coordination with other state and federal agencies. At all times on the WMA, Project Developer shall operate in strict accordance with the Mitigation Plan in USACE Permit # SWG-2008-00497 and with specific instructions provided by state and federal authorities having jurisdiction over this and all other activities and locations on the WMA.

r) Project Developer shall post signs at appropriate locations on the WMA, as designated by the Project Manager, to adequately notify the visiting public of Project Developer operations.

s) Speed limit for vehicular traffic on the WMA shall be 20 miles per hour.

t) Project Developer shall affirm that Project Developer representatives for the project proposed for the WMA are thoroughly familiar with the components and requirements of the plan as they apply to the planning and performance of activities to be conducted by Project Developer on the WMA, and Project Developer further affirms that such activities are authorized under conditions of the Mitigation Plan in USACE Permit.

u) The consideration for this License is the short and long-term benefit insured to TPWD of restoration of marsh habitat, increased productivity to fish and wildlife ·resources, enhanced operations, and management opportunities on the WMA, ultimate increase of public recreational opportunities on the WMA, and the potential to share in revenue from the carbon credits.

v) Project Developer must advise TPWD at least 48 hours in advance of project activity by telephoning or emailing the Project Manager.

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w) Project Developer shall attend a project kick-off meeting, hosted by TPWD, prior to conducting any operations on the WMA. All Project Developer personnel responsible for activities on the WMA shall attend the meeting to ensure that each person is familiar with the stipulations/restrictions applicable to operations. Project Developer shall conduct daily safety and task instruction meetings each morning. All persons representing Project Developer involved in this project during hunting season will wear orange clothing and will comply with all safety directions provided.

x) Project Developer shall follow directives of Project Manager or Assistant Project Manager regarding operating times, locations, and conditions on the WMA, in order to avoid disturbance of wildlife and the public. Project Developer will comply with directions of the Project Manager on best ways and times to avoid conflicts. This may include, but is not limited to, prohibiting work at least one day prior to or during visitor use periods.

y) Project Developer shall notify the Project Manager in writing upon completion of all activities associated with the project, and Project Manager shall inspect all facets of the project for compliance with the terms of this License.

z) Surface impact monitoring will also be conducted by TPWD field staff to advise and consult with

Project Developer crews working in sensitive habitats. The TPWD monitors shall promptly advise the Project Developer in writing, of any corrective measures required to be taken in order to minimize impacts to wildlife and vegetation.

9. CARBON CREDIT/OFFSETS REQUIREMENTS

a) It is TPWD’s intent that the Living Shore Project specified herein shall meet certification protocols necessary for a blue carbon market to develop and for the sale of Carbon Credits.

b) To ensure that blue carbon credits are verifiable, they must meet established standards for carbon accounting and verification, such as the Verified Carbon Standard or the Gold Standard. The standards help make sure that the credits are indeed real, measurable, and verifiable carbon reductions and the projects that produce them meet the criteria.

c) Respondents shall specify in their Technical Proposal their proposed revenue sharing plan for carbon credits. Proposal shall include the anticipated amount and value of carbon credits available at the site prior to construction, the amount of carbon credits that may be obtained immediately upon construction and for the term of the agreement after construction. Proposal shall provide breakdown of amount and value and proposed revenue sharing by carbon credit type as outlined below and how the credits may be shared or updated during the life of the Agreement.

https://carboncredits.com/a-guide-on-carbon-credit-accounting-and-reporting-net-zero/

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Carbon Credit:

(1) Certified Carbon Credit

(2) Construction Credits

(3) Long Term Generation Credit

10. PROJECT DEVELOPER REQUIREMENTS

a) Maintain and retain, and provide TPWD with access to, an online repository for the documents prepared and submitted for the approval and maintenance of the Permit(s) for the Project.

b) As requested by TPWD, provide copies of all relevant permits, plans, schematics, as-builts, and all other materials reasonably requested by TPWD that pertain to the design, construction, location, and operation of the Project (collectively, the “Plans”). Notwithstanding the foregoing, however, Project Developer shall be solely responsible and liable for the permitting, design, and construction of the Project, and the receipt by TPWD of the Plans and any commentary by TPWD, or its employees, regarding the Plans shall not be construed in any way as the undertaking by TPWD of any professional or legal responsibility whatsoever for either the completeness or adequacy of the Plans or the Project as it is actually constructed and operated by or on behalf of the Project Developer. Project Developer shall be solely responsible for all performing and/or obtaining all testing, inspections, and approvals necessary to achieve the Complete Date and to begin operating the Living Shoreline as intended by this Agreement.

c) Project Developer agrees to conduct all its services under the awarded Agreement by and through appropriate communications with TPWD. No work, installation or other services shall be undertaken by Project Developer except with the prior written authorization by TPWD.

Project Developer understands and agrees that work, installation, or other services performed without prior written authorization of the TPWD is work outside the scope of this Agreement and shall be performed exclusively at Project Developer’s risk.

d) Designate a Project Manager. TPWD will be informed in writing of any changes to who is designated Project Manager.

e) Provide project management and perform construction of new living shoreline structures proposed herein.

f) The breakwater construction will follow the design as submitted herein and as approved by

TPWD prior to any construction services being performed.

g) Monitor activities of the subcontractor throughout the construction period and periodically inspect the completed segments of the structure for adherence to the approved design and specifications.

RFP No. 802-24-42801 Page 18 of 61

h) Complete pre-construction field survey work as needed to collect topographic and bathymetric data for the potential refinement of project construction plans.

i) Provide periodic project status updates, including proposed subcontractors, to TPWD as requested. This may take the form of informal emails and phone calls or brief quarterly reports.

j) Comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-

7), the Copeland Act (40 U.S.C. §3145 and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§3141; 3702 to 3708).

k) Provide and maintain, as necessary, all labor, materials, tools, equipment, technology, permits, supplies, insurance, incidentals, and services necessary for the construction, operation, and maintenance of this Living Shoreline structure throughout the term of the awarded agreement.

l) Provide service in accordance with requirements specified herein and the resulting

Agreement(s) and adhere to the TPWD Terms and Conditions.

m) Project Developer is responsible for all costs incurred in the performance of the Agreement.

n) 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.

o) Follow relevant safety rules and conduct the work in a safe manner.

11. TPWD RESPONSIBILITIES

a) TPWD will designate a Project Manager.

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

c) Provide routine coordination necessary to maintain the continuing viability and functionality of the Project throughout the term of this Agreement.

d) To periodically review the Project’s development and operation pursuant to this

e) Notify Project Developer if any damage is observed or if maintenance is necessary to the Project. However, it is not the responsibility of the TPWD Project Manager to perform routine inspections of the structure.

RFP No. 802-24-42801 Page 19 of 61

12. PERFORMANCE MEASURES

a) Project Developer 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

b) TPWD will measure and evaluate the Project Developer’s and/or subcontractor’s performance under the contract. If the Project Developer or subcontractor does not meet any standards for deliverables and/or performance incentives (if applicable), TPWD may impose remedies if the Project Developer or subcontractor(s) fails to meet their responsibilities as outlined in the RFP and the terms and conditions of the Agreement. All services and deliverables under the Agreement 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 Project Developer’s performance does not meet an acceptable quality level of service and deliverables, TPWD may seek or negotiate remedies with the Project Developer.

13. TPWD RESERVED RIGHTS

Reserved Rights: TPWD expressly reserves the following from the rights in the Property and in the Easement Tracts described herein.

a) Mineral Leases. The right to retain existing leases or execute and enter into new leases for the exploration, development, production, treatment, marketing, sale and transportation of oil, gas, and other minerals to third persons, and to grant to such mineral lessees the right to use the surface and subsurface of the Property for ancillary purposes in a manner that does not materially and unreasonably interfere with the rights granted to Awarded Project Developer.

b) That the Site will remain under the jurisdiction of TPWD and that TPWD will be solely responsible for the Site’s administration and management.

c) Other Uses of the Property. The right to enter into, or to grant easements or other access rights to third parties to enter into, the Property and/or the Easement Tracts for any use, to conduct any activity, or to construct, maintain, and operate any facility or infrastructure that does not materially and unreasonably interfere with the rights granted to Project Developer in the awarded

14. MODIFICATIONS OF AGREEMENT TERMS AND/OR AMENDMENTS

a) The terms and conditions of the Agreement shall govern all transactions under the Agreement.

RFP No. 802-24-42801 Page 20 of 61

b) The Agreement may only be modified or amended upon mutual written agreement of TPWD and the Project Developer.

c) Terms and conditions that do not conflict with the Agreement and are acceptable to the Project Developer(s) may be to the awarded Agreement and given effect. No additional term or condition added in Agreement can conflict with or diminish a term or condition of the Agreement.

15. INSURANCE

a) Project Developer shall procure and maintain during the entire period of their performance under this Agreement 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

Excess Liability Insurance $5,000,000 Minimum

b) Policy must contain an additional insured endorsement: The State of Texas, acting through

Texas Parks and Wildlife Department and its officers and employees, is listed as an additional insured and loss payee.

c) The required coverage is to be with companies licensed in the state of Texas, with an “A” rating from A.M. Best, and authorized to provide the corresponding coverage.

d) Prior to the commencement of the job and not later than ten (10) days following award, the

Project Developer shall furnish to TPWD, for approval, a certificate of insurance as proof that the required insurance is in full force and effect. The certificate of insurance shall be sent to:

Tammy Dunham / Purchasing & Contracting, Texas Parks & Wildlife Department, 4200 Smith School Road, Austin, Texas 78744; or may be emailed to purchasing.bidbox@tpwd.texas.gov.

mailto:purchasing.bidbox@tpwd.texas.gov

RFP No. 802-24-42801 Page 21 of 61

16. PAYMENT AND PERFORMANCE BONDS

The Project Developer is required to tender to TPWD, prior to commencing the construction services, performance, and payment bonds, as required by Texas Government Code, chapter 2253, as follows:

a) Payment Bond: A Payment Bond is required in the amount of the construction portion of the Living Shoreline and must be furnished by the successful Project Developer at least 90 days prior to the date of construction. Payment Bond is payable to TPWD solely for the protection and use of payment bond beneficiaries who have a direct relationship with the Project Developer or Subcontractor. All bonds submitted shall be in the original form bearing original signatures and seal and shall be furnished to TPWD within ten (10) business days of Notice of Award. See Attachment 2 – Payment Bond.

b) Performance Bond:

i) Successful Project Developer will be required to furnish a Performance Bond in the amount of the construction portion of the Living Shoreline, or other form of security approved by TPWD for the full amount of the construction of the Project. Such performance security must be furnished upon notification by TPWD within ten (10) business days of Notice of Award.

See Attachment 3 – Performance Bond.

ii) The Performance bond shall be for the entire contract period. The Performance Bond shall provide that in the event of non-renewal, TPWD, and the Project Developer be notified in writing by the issuer a minimum of sixty (60) days prior to non-renewal.

iii) In the event of non-renewal, the Contractor shall provide TPWD evidence of the new source of surety within twenty-one (21) calendar days after the Project Developer’s receipt of the non-renewal notice. Failure to maintain the required surety in force may be cause for contract termination.

iv) Failure to provide the bond at least ninety (90) days prior to construction may result in cancellation of the contract.

17. SUBCONTRACTING

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

18. CONTRACT ADMINISTRATION

a) TPWD will maintain on-going review and status of Project Developer’s progress toward completion of services.

b) Administration of the Agreement is a joint responsibility of TPWD Wildlife Division and the TPWD

Purchasing & Contracting Branch. TPWD purchasing staff will be responsible for administering the contractual business relationship with the Project Developer. Upon issuance of Agreement, TPWD will designate an individual who will serve as the contract manager and point-of-contact

RFP No. 802-24-42801 Page 22 of 61 between the agency and the Project Developer. The contract manager does not have any express or implied authority to vary the terms of the Agreement, amend the Agreement in any way or waive strict performance of the terms or conditions of the Agreement. This individual’s contract management and contract administration responsibilities include, but are not limited to:

i) Monitoring the Project Developer’s progress and performance and ensuring services conform to established specification requirements.

ii) Managing the financial aspects of the Agreement including approval of payments.

iii) Meeting with the Project Developer to schedule service, and as needed to review progress, discuss problems, and consider necessary action.

iv) Identifying a breach of Agreement by assessing the difference between Agreement performance and non-performance.

v) Other areas as identified by the State of Texas Procurement and Contract Management

Guide, latest edition.

RFP No. 802-24-42801 Page 23 of 61

SECTION II – PROPOSAL REQUIREMENTS

1. SCHEDULE OF EVENTS

TPWD intends to proceed according to the following schedule. These dates represent a tentative schedule of events. TPWD reserves the right to change the dates in the schedule of events above upon written notification to prospective Respondents through a posting on the Electronic State Business Daily as an Addendum.

Event Date/Time RFP Issue Date: December 7, 2023

Site Inspection: January 9, 2024, 12:00pm to 3:00pm ***weather permitting***

Questions Due: January 17, 2024 Proposal Due Date: February 1, 2024

** Site inspection date/time may change due…