ESBD_File_352747_Final RFP 1790-LP (Rebid) Sargent Beach Stabilization Construction Phase I.pdf

Texas General Land Office -i- RFP No. 1790-LP

TEXAS GENERAL LAND OFFICE

is

REQUESTING COMPETITIVELY SEALED PROPOSALS

for

Coastal Construction Services for the

Sargent Beach Stabilization Construction Phase I CEPRA Project No. 1709

Matagorda County, Texas

REQUEST FOR PROPOSALS NO. 1790-LP

(Rebid of RFP X0029336-LP & X0029336B-LP)

Class 912 / Items 23, 44; Class 914 / Item 84; Class 959 / Items 26, 35;

Class 988 / Item 14

Release Date: March 4, 2024 Deadline for Submission: March 28, 2024, at 2:00 p.m. CT

Solicitation Point of Contact: Linh Phan, CTCD, CTCM

Linh.Phan@Glo.Texas.Gov

Any Addenda to this Solicitation will be posted to the Electronic State Business Daily (ESBD) website, http://www.txsmartbuy.com/esbd, under Agency Code 305 (General Land Office) and notification of such Addenda sent to all Respondents in the relevant categories and regions listed on the Comptroller’s Centralized Master Bidders List (CMBL) at the time of the Solicitation. Each Respondent must check the website, or the means of communication established in its CMBL registration (if applicable) for any Addenda to this Solicitation. Failure to check for Addenda does not release any Respondent from its responsibility for complying with additional requirements or providing additional information listed in any Addenda.

mailto:Linh.Phan@Glo.Texas.Gov http://www.txsmartbuy.com/esbd

Texas General Land Office -ii- RFP No. 1790-LP

TABLE OF CONTENTS

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

1.2 DEFINITIONS

1.3 AUTHORITY

ARTICLE II. SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

2.2 DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS

2.2.1 Provisions of Labor, Materials, and Time

2.2.2 OSHA Compliance

2.2.3 Environmental and Wildlife Protection

2.2.4 Permits and Fees

2.2.5 Site Visit/Inspection

2.2.6 Reporting Requirements and Milestone/Work Progress Schedule

2.3 UNIFORM GENERAL CONDITIONS AND CONTRACT DOCUMENTS

2.4 CONSTRUCTION PERIOD AND CONTRACT TERM

2.5 LIQUIDATED DAMAGES

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

3.2 INQUIRIES

3.2.1 Contact

3.2.2 Clarifications

3.2.3 Responses

3.2.4 Prohibited Communications

3.3 SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

3.3.2 Solicitation Response Format

3.3.3 Page Limit and Supporting Documentation

3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

3.4.2 Labeling

Texas General Land Office -iii- RFP No. 1790-LP

3.4.3 Delivery

3.4.4 Alterations, Modifications, and Withdrawals

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

4.1.2 Minimum Qualifications

4.1.3 Selection Criteria

4.1.4 Detailed Scoring Methodology

4.2 SHORT LIST

4.3 INTERVIEWS

4.4 BEST AND FINAL OFFER (BAFO)

4.5 CONTRACT AWARD

ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

5.1.1 Company Narrative

5.1.2 Company Profile

5.1.3 Key Staffing Profile

5.2 TECHNICAL PROPOSAL

5.3 PAST PROJECTS

5.4 MAJOR SUBCONTRACTOR INFORMATION

5.5 LITIGATION HISTORY

5.6 HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

5.7 CONFLICTS

5.8 SAFETY INFORMATION

5.9 QUALITY CONTROL PROGRAM

5.10 COST CONTROL PROGRAM

5.11 NON-COLLUSION AFFIDAVIT

ARTICLE VI. COST PROPOSAL

6.1 COST PROPOSAL

ARTICLE VII. TERMS AND CONDITIONS

7.1 GENERAL CONDITIONS

Texas General Land Office -iv- RFP No. 1790-LP

7.1.1 Amendment

7.1.2 Informalities

7.1.3 Rejection

7.1.4 Irregularities

7.1.5 Offer Period

7.1.6 Open Records

7.1.7 Contract Responsibility

7.1.8 Public Disclosure

7.1.9 Remedies

7.2 INSURANCE

7.2.1 Required Coverages

7.2.2 Alternative Insurability

7.3 PERFORMANCE AND PAYMENT BONDS

7.3.1 Performance Bond

7.3.2 Payment Bond

7.4 FINANCIAL CAPABILITY

7.4.1 Financial Capability Review

7.4.2 Annual Reports

7.5 PROTEST

7.6 CONTRACT TERMS AND SOLICITATION ACCEPTANCE

7.6.1 Terms and Conditions

7.6.2 Affirmations and Solicitation Acceptance

7.7 VENDOR PERFORMANCE REPORTING

7.8 CERTIFICATE OF INTERESTED PARTIES

ARTICLE VIII. SUBMISSION CHECKLIST

EXHIBIT A. AFFIRMATIONS AND SOLICITATION ACCEPTANCE ......................... A-1

EXHIBIT B. SAMPLE CONTRACT ..................................................................................... B-1

EXHIBIT C. HUB SUBCONTRACTING PLAN .................................................................. C-1

EXHIBIT D. HUB SUBCONTRACTING PLAN PRESENTATION ................................. D-1 EXHIBIT E. RFP X0029336-LP Addendum No. 1 ................................................................. E-1

Texas General Land Office -1- RFP No. 1790-LP

ARTICLE I. EXECUTIVE SUMMARY, DEFINITIONS, AND AUTHORITY

1.1 EXECUTIVE SUMMARY

The Texas General Land Office (“GLO”) seeks a highly skilled contractor for coastal construction services for the construction of five nearshore segmented breakwaters and one angled terminal groin in Sargent Beach, Texas (the “Project”).

The breakwaters are 400 feet long and spaced 660 feet apart in 4 feet depth of water. The angled terminal groin at the inlet extends to a water depth of 8 feet. The Project site is located approximately 20 miles southwest of Freeport, in Matagorda County. The project area is bordered by the Gulf Intracoastal Waterway (“GIWW”), the Gulf of Mexico, and Mitchell’s cut. The goal of the project is to reduce beach erosion along Sargent Beach and the Matagorda Peninsula by stabilizing Sargent Beach and protecting the adjacent GIWW from erosional breaching. The approximate cost range for construction of the Project is $28,000,000 to $35,000,000.

The GLO will consider proposals from business entities that demonstrate the ability to complete the Project within the guidelines of this Solicitation, in accordance with applicable federal, state, and local laws, rules, and regulations and in accordance with terms and conditions outlined in the Sample Contract attached hereto as Exhibit B. Respondents must execute Exhibit A, Affirmations and Solicitation Acceptance, and complete other items listed on the Submission Checklist to be considered. Additional information on the GLO and its programs can be found at http://www.glo.texas.gov.

1.2 DEFINITIONS

“Addendum/Addenda” means a written clarification(s) or revision(s) to the Request for Proposals issued by the General Land Office. Respondents must acknowledge receipt of any Addenda in the submission of the Solicitation Response.

“A/E” means the GLO’S Architect/Engineer for the Project, Atkins North America, Inc.

“Affiliate” means any individual or entity that, directly or indirectly, controls, is controlled by, or is under common control with, Respondent. “Control” means the ability to directly or indirectly direct the management and policies of an entity, whether through the ownership of voting securities or membership interests, by contract, or otherwise.

“BAFO” means Best and Final Offer.

“Base Time” means the number of calendar days proposed by Contractor on the Contractor’s Proposal Form to achieve substantial completion of the Project.

http://www.glo.texas.gov/

Texas General Land Office -2- RFP No. 1790-LP

“CEPRA” or the “Act” means the Coastal Erosion Planning and Response Act, Texas Natural Resources Code Sections 33.601-.613.

“Construction Documents” means the drawings, specifications, and other documents governing the construction of the Project. Construction Documents become part of the Contract Documents when listed in the Contract or any Change Order.

“Contract Documents” means all documents which govern this Solicitation and any resulting contract including without limitation, the Project Manual, this Solicitation, the Engineer’s specifications and drawings, the Uniform General and Supplementary Conditions, Special Conditions, and all bonds and insurance.

“Contract Price” means the total compensation payable to Contractor for completion of the work in accordance with the terms of the contract.

“Contract Time” means the period between the start date identified in the Notice to Proceed with construction and the Substantial Completion date identified in the Notice to Proceed or as subsequently amended by a Change Order.

“Contractor” means the Respondent(s) awarded a contract under this Solicitation.

“CPF” means the Contractor’s Proposal Form.

“ESBD” means the Electronic State Business Daily, http://www.txsmartbuy.com/esbd.

“GLO” means the Texas General Land Office.

“HUB” means Historically Underutilized Business as defined by Chapter 2161 of the Texas Government Code.

“HUB Subcontracting Plan” or “HSP” means the form required by Texas Government Code §2161.252 and 34 Texas Administrative Code §20.285 for each contract with an expected value of $100,000 or more, in which Respondent must demonstrate a Good Faith Effort to subcontract with HUBs. The HSP is included in this Solicitation as Exhibit C and must be included with the Solicitation Response.

“Notice to Proceed” or “NTP” means written notice provided by the GLO to begin construction of the Project.

“ODR” means Owner’s Designated Representative, a representative of the GLO responsible for Project oversight.

“OSHA” means the U.S. Occupational Safety and Health Administration.

Texas General Land Office -3- RFP No. 1790-LP

“Owner” means the Texas General Land Office.

“PIA” means the Public Information Act, Chapter 552 of the Texas Government Code.

“Project” means the work solicited under this Solicitation.

“Project Manual” means the project manual developed by the GLO’s A/E that contains, among other items, the proposal documents, Uniform General and Supplementary Conditions, Special Conditions, and Technical Specifications sections.

“Respondent” means the entity responding to this Solicitation.

“RFP” means Request for Proposals.

“Solicitation” means this RFP.

“Solicitation Response” means the Respondent’s entire response to this Solicitation, including all documents requested in this Solicitation.

“Special Conditions” means the documents containing terms and conditions which may be unique to the Project. Special Conditions are a part of the Contract Documents and have precedence over the Uniform General Conditions and Supplementary General Conditions.

“State” means the State of Texas and any state agency; the GLO or state agency identified in this Solicitation, its officers, employees, or authorized agents.

“Substantial Completion” means the date determined and certified by Contractor, A/E, and Owner when the Work, or a designed portion thereof, is sufficiently complete, in accordance with the Contract, so as to be operational and fit for the use intended.

“Supplementary General Conditions” means procedures and requirements that modify the Uniform General Conditions. Supplementary General Conditions, when used, have precedence over the Uniform General Conditions.

“Uniform General Conditions” or “UGCs” means the governing contractual terms and conditions as amended in the Project Manual.

1.3 AUTHORITY

The GLO is soliciting the services listed herein under Tex. Gov't Code 2155.147; Tex. Nat.

Res. Code Ch. 33, Subchapter H.; Tex. Gov't Code Title 10, Subtitles D and F; 34 Tex.

Admin Code Sec. 20.82(d)(4)(D).

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

Texas General Land Office -4- RFP No. 1790-LP

ARTICLE II. SCOPE OF WORK

2.1 SCOPE OF SERVICES REQUESTED

The scope of work for the Project includes all labor, materials, tools, equipment, plant, supplies, superintendence, insurance, incidentals, and services necessary or required to fully complete the work for the Project. Work items include, but are not limited to, the following:

Major work items include mobilization, environmental protection, construction surveying, and construction of a single angled terminal groin and five near-shore breakwaters (foundation excavation, placement of geotextile fabric, bedding and armor stone), site cleanup and demobilization in accordance with the specifications in the Project Manual and in conformity to lines, grades, and elevations shown on the contract drawings or as directed by the A/E.

In addition to the above-mentioned items, all the above to include exemplary attention to the protection of surrounding environment and existing natural resources. Contractor shall provide all other items shown on the plans and described in the specifications to fully complete the Project.

A full description of the Project including detailed drawings, specifications and other contract documents may be found in the Project Manual, as prepared by the A/E. The Project Manual is included in the Construction Documents, which may be obtained from the Miller Imaging & Digital Solutions PlanRoom, as described below in Section 2.3.

The selected Contractor shall be bound to specific terms and conditions found in Exhibit B, the GLO’s sample contract. These terms and conditions are subject to change prior to the execution of any contract that may result from this Solicitation.

2.2 DESCRIPTION OF SERVICES AND SPECIAL CONDITIONS

2.2.1 Provisions of Labor, Materials, and Time

Solicitation Responses must incorporate the cost of all labor, materials, tools, supplies, transportation, equipment, insurance, bonds, personnel, and any other expense necessary to perform the services requested in this Solicitation. All travel and associated expenses, including all incidental costs, shall be the responsibility of the Contractor.

2.2.2 OSHA Compliance

In its response to this Solicitation, Respondent must affirm that it shall observe the rules and regulations governing Occupational Safety and Health Standards, as

Texas General Land Office -5- RFP No. 1790-LP published by OSHA, for all operations and work that may be performed as requested in this Solicitation.

2.2.3 Environmental and Wildlife Protection

Special work procedures are required to address protection of the sensitive coastal environment, including wildlife inhabiting the Project area. These procedures are discussed fully in the Project Manual and must be adhered to strictly in the performance of the Project.

2.2.4 Permits and Fees

Solicitation Responses must provide for the application for and securing of all permits that will not be acquired by the GLO, and for all inspection and license fees required for the Project. Permits and other authorizations already obtained are discussed fully in the Project Manual and must be adhered to strictly in the performance of the Project.

2.2.5 Site Visit/Inspection

Respondent shall be responsible for having full and complete knowledge of the conditions of the Project site. Therefore, before submitting a proposal, Respondent is strongly encouraged to visit the site and assess the work to be performed. If necessary, Respondent shall secure any additional information that may be required for a clear and full understanding of the work to be performed from the GLO point-of-contact listed in Section 3.2.1.

2.2.6 Reporting Requirements and Milestone/Work Progress Schedule

The selected Contractor(s) shall submit a recommended Milestone/Work Progress Schedule for agreement between the GLO and the Contractor, along with any other submittals required in the Construction Documents, prior to contract award. The Milestone/Work Progress Schedule shall be based on the Base Time number of calendar days proposed by the Contractor on the Contractor’s Proposal Form.

Contractor’s failure to meet any milestone may subject the Contractor to liquidated damages. Additionally, all Project deliverables must be accepted by the ODR prior to approval of Contractor’s requests for payment.

The GLO reserves the right to request additional reporting at any phase of this Project to maintain internal contract management and reporting requirements.

Texas General Land Office -6- RFP No. 1790-LP

2.3 UNIFORM GENERAL CONDITIONS AND CONTRACT DOCUMENTS

Any contract resulting from this RFP shall be governed by the GLO’s Uniform General Conditions, Supplementary General Conditions, and Special Conditions, as included in the Project Manual.

Contract Documents, including the Project Manual, may be downloaded at no cost from Miller Imaging & Digital Solutions PlanRoom http://www.planroom.millerids.com/. For assistance with or questions related to Miller's PlanRoom please call Miller IDS at

512.381.5292 or email dsc@millerids.com.

2.4 CONSTRUCTION PERIOD AND CONTRACT TERM

The selected Contractor shall not begin any work under any contract resulting from this Solicitation until receipt of a Notice to Proceed (“NTP”) from the GLO. Construction must be substantially completed within the time period proposed by Contractor on the Contractor’s Proposal Form. The GLO, at its own discretion, may extend any contract awarded pursuant to this Solicitation, subject to terms and conditions mutually agreeable to both parties.

All changes in the scope of work, the Contract Sum and/or the Contract Time shall be documented by a Change Order, in accordance with the Change Order procedure described in the Uniform General Conditions, included in the Project Manual.

2.5 LIQUIDATED DAMAGES

If Contractor fails to achieve Substantial Completion within the Contract Time, Contractor shall be liable to the GLO for liquidated damages of $500.00 per day until the Contractor achieves Substantial Completion. The GLO’s damages for Contractor’s failure to perform its obligations under a contract resulting from this RFP are impossible or difficult to estimate and the amount of liquidated damages specified is a reasonable forecast of just compensation and is not a penalty.

http://www.planroom.millerids.com/ mailto:dsc@millerids.com

Texas General Land Office -7- RFP No. 1790-LP

ARTICLE III. ADMINISTRATIVE INFORMATION

3.1 SCHEDULE OF EVENTS

EVENT DATE/TIME

Issue Solicitation

March 4, 2024

Deadline for Submitting Questions

March 11, 2024 at 2:00 p.m. CT

Anticipated Release Date of Answers to Questions

March 15, 2024

Deadline for Submission of Solicitation Responses (including HUB Subcontracting Plan)

March 28, 2023 at 2:00 p.m. CT

Evaluation Period

April 1, 2024 to April 25 2024

Contractor Selection and Notice of Intent to Award

April 26, 2024

Contract Negotiation and Execution

April 29, 2024 to June 21, 2024

Deadline for Bonds and Insurance

June 21, 2024

Pre-Construction Conference and Notice to Proceed

June 22, 2024

NOTE: These dates represent a tentative schedule of events. The GLO reserves the right to modify these dates at any time prior to the deadline for submission of Solicitation Responses upon notice posted on the Electronic State Business Daily (ESBD) website at:

http://www.txsmartbuy.com/esbd. Please search under Agency Code 305 (General Land Office and Veterans Land Board). Any modification of dates after the deadline for submission of Solicitation Responses will not be posted.

http://www.txsmartbuy.com/sp

Texas General Land Office -8- RFP No. 1790-LP

3.2 INQUIRIES

3.2.1 Contact

All requests, questions, or other communications about this Solicitation must be made in writing to the GLO’s Purchasing Department, addressed to the person listed below.

Name: Linh Phan, CTCD, CTCM Address: 1700 N. Congress Ave., Austin, Texas 78701 Email: Linh.Phan@glo.texas.gov

If you receive an “out of office” reply from the point-of-contact listed above, please forward your e-mail to the secondary point-of-contact listed below.

Name: Sarah Bergmann, CTCD, CTCM Address: 1700 N. Congress Ave., Austin, Texas 78701 Email: Sarah.Bergmann@Glo.Texas.Gov

Notwithstanding the above, Respondents may direct questions about the state’s Historically Underutilized Businesses (HUB) Program or HUB Subcontracting Plans (HSPs) to the GLO HUB Team contacts listed in Section 5.6 of this Solicitation.

3.2.2 Clarifications

The GLO will allow written requests for clarification of this Solicitation. Questions may be e-mailed to the point-of-contact listed in Section 3.2.1 above. Respondents’ names shall be removed from questions in the responses released. Questions shall be submitted in the following format. Submissions that deviate from this format may not be accepted.

a. Identifying Solicitation number in email subject

b. Section number

c. Text of passage being questioned

d. Question

NOTE: The deadline for submitting questions is noted in Section 3.1 above.

Please provide company name, address, phone number, e-mail address, and name of contact person when submitting questions.

mailto:Linh.Phan@glo.texas.gov mailto:Sarah.Bergmann@Glo.Texas.Gov

Texas General Land Office -9- RFP No. 1790-LP

3.2.3 Responses

All accepted questions will result in written responses with copies posted to the ESBD at: http://www.txsmartbuy.com/esbd. Responses shall be posted as an Addendum to the Solicitation. It is Respondent’s responsibility to check the ESBD for updated responses.

3.2.4 Prohibited Communications

On issuance of this Solicitation, except for the written inquiries described in Section

3.2.1 above, the GLO, its representative(s), or partners will not answer questions or otherwise discuss the contents of this Solicitation with any potential Respondent or their representative(s). Attempts to ask questions by phone or in person will not be allowed or recognized as valid. Failure to observe this restriction may disqualify the Respondent. Respondent shall rely only on written statements issued through or by the GLO’s purchasing staff. This restriction does not preclude discussions between affected parties for the purposes of conducting business unrelated to this

3.3 SOLICITATION RESPONSE COMPOSITION

3.3.1 General Requirements

Respondent shall complete and upload the documents listed below to the Box™ URL in Section 3.4.3:

a) One Proposal, including all documents requested in Part 1 of the Submission

Checklist, submitted as one Portable Document Format (.pdf) file; and

b) One HUB subcontracting plan, submitted as one .pdf file.

Respondent shall prepare a clear and concise Solicitation Response that focuses on the instructions and requirements of the Solicitation. Respondent is responsible for all costs related to the preparation of their Solicitation Response.

Respondent(s) will be assumed to have studied the plans and specifications, visited the proposed work site, and to have understood all existing conditions and measurements. Respondent(s) shall include in its CPF a base price amount sufficient to cover all work, including, but not limited to, all permits and fees.

Any terms and conditions attached to a Solicitation Response will not be considered unless specifically referred to in this solicitation and may result in disqualification.

Texas General Land Office -10- RFP No. 1790-LP

3.3.2 Solicitation Response Format

For ease of evaluation, the Solicitation Response shall be presented in a format that corresponds to the order requested in Article VIII, Submission Checklist. Responses to each section and subsection shall be labeled clearly to indicate the item being addressed. Exceptions to this will be considered during the evaluation process.

3.3.3 Page Limit and Supporting Documentation

Solicitation Responses shall not exceed 25 pages in length. Exhibit A, Exhibit C (the HUB Subcontracting Plan), signed acknowledgments of Addenda, past projects, résumés, Contractor’s Proposal Form, and the Non-Collusion Affidavit are considered supporting documentation and are not included in the page limit.

The Solicitation Response should be formatted using 12-point or larger font, except for charts, graphs, or other graphical representations of data.

3.4 SOLICITATION RESPONSE SUBMISSION AND DELIVERY

3.4.1 Deadline

Solicitation Responses must be received at the Box™ URL in Section 3.4.3 no later than as specified in Section 3.1. Respondents may submit their Solicitation Responses any time prior to that deadline. Box™ shall time stamp all uploaded Solicitation Responses; any other documentation of timely submission in lieu of the Box™ time stamp WILL NOT be accepted.

3.4.2 Labeling

Each file uploaded to Box™ shall include Respondent’s company name and the title of the document; for example: “Company X: Proposal.”

3.4.3 Delivery

Respondents must upload Solicitation Responses using the following Box™ link:

Upload Solicitation Responses to Box

Or https://txglo.app.box.com/f/183398a85fe549f990a4dd3268c6d08e

The GLO shall not accept Solicitation Responses submitted by any other means.

Please contact the point-of-contact listed in section 3.2.1 above for assistance with Box™.

https://txglo.app.box.com/f/183398a85fe549f990a4dd3268c6d08e https://txglo.app.box.com/f/183398a85fe549f990a4dd3268c6d08e

Texas General Land Office -11- RFP No. 1790-LP

3.4.4 Alterations, Modifications, and Withdrawals

Solicitation Responses may be modified, altered, or withdrawn by notifying the point-of-contact listed in Section 3.2.1 above, provided such notice is received prior to the deadline for submission of Solicitation Responses.

Texas General Land Office -12- RFP No. 1790-LP

ARTICLE IV. SOLICITATION RESPONSE EVALUATION & AWARD PROCESS

4.1 EVALUATION CRITERIA

4.1.1 Conformance with State Law

Solicitation Responses shall be evaluated in accordance with Chapters 2155-2156 of the Texas Government Code, and Chapter 2269 of the Texas Government Code.

The GLO shall not be obligated to accept the lowest priced proposal but shall make an award to the Respondent that provides the “Best Value” to the State of Texas.

“Best Value” shall be determined using the evaluation criteria listed in Section 4.1.3 below, in accordance with Texas Government Code, Sections 2155.074 and 2156.007.

4.1.2 Minimum Qualifications

Respondents must meet the minimum qualifications listed below. Furthermore, Solicitation Responses that appear unrealistic in terms of technical commitment, that show a lack of technical competence, or that indicate a failure to comprehend the risk and complexity of a potential contract may be rejected.

Respondent shall submit a summary (not to exceed two pages) that provides specific support for meeting the minimum qualifications outlined in this Section.

This support can specifically state how the Respondent meets each minimum qualification or can direct the evaluators to the appropriate section of the Solicitation Response that provides support for the Respondent satisfying each minimum qualification.

4.1.2.1 Respondent must have been in the general and/or coastal construction business in the last five years for a minimum of five (5) years, or the principals/owners must have had ownership/executive management experience in a previous company that provided general and/or coastal construction services for a minimum of five

(5) years;

4.1.2.2 Respondent shall have demonstrated experience in meeting completion dates and construction schedules; and

4.1.2.3 Respondent shall have demonstrated experience in breakwater, hauling and revetment construction in shallow water environments for projects of similar scope and size completed in the last five (5) years.

Texas General Land Office -13- RFP No. 1790-LP

4.1.3 Selection Criteria

Solicitation Responses shall be consistently evaluated and scored in accordance with the following criteria:

4.1.3.1 Cost (40%);

4.1.3.2 Demonstrated relevant experience, qualifications and past performance of Respondent’s company and key personnel, as demonstrated by the Solicitation Response, and the Texas Comptroller of Public Accounts Vendor Performance Tracking System (25%);

4.1.3.3 Technical Proposal, including proposed methodology and schedule

(25%);

4.1.3.4 Safety record, quality control program and cost controls (5%); and

4.1.3.5 Overall responsiveness, clarity, and organization of Solicitation

Response (5%).

NOTE: To clarify any response, the Solicitation evaluation committee may contact references provided in response to this Solicitation, contact Respondent’s clients, or solicit information from any available source concerning any aspect of the Solicitation deemed pertinent to the evaluation process.

4.1.4 Detailed Scoring Methodology

The GLO assembles an evaluation committee to evaluate each responsive Solicitation Response. Each evaluator completes one evaluation worksheet for each response. The evaluator evaluates each proposal individually against the requirements of the solicitation document, and not against other responses. The evaluator assigns the number of points he or she believes each Solicitation Response merits out of the possible points indicated on the evaluation worksheet for each selection criterion. Cost proposals are scored based on a reasonableness assessment of the proposed price, considering various factors such as: the appropriateness of the cost metric chosen by the Respondent; the impact of any identified assumptions or constraints on the proposed price; whether the proposed price is within the advertised estimated budget, and whether the proposed price includes payment for goods and/or services that exceed the scope of GLO’s needs as specified in the Solicitation. Each evaluator scores Solicitation Responses independently and impartially. Scores are not divulged between committee members until after they have been finalized, submitted, and compiled by the

Texas General Land Office -14- RFP No. 1790-LP purchaser. Members may ask questions of the purchaser, agency legal counsel, and designated technical experts if they are unable to find information, do not understand information in a response, or require technical assistance. The purchaser averages all evaluators’ total scores for each Respondent to determine Respondent rankings.

4.2 SHORT LIST

The GLO may develop a short list of finalists after an initial evaluation of the Solicitation Responses. However, the GLO is not obligated to develop this list. If a list is developed, all Respondents will be notified in writing whether or not they are finalists.

4.3 INTERVIEWS

The GLO may, but is not required to, conduct oral interviews with some or all Respondents for the purpose of obtaining the best value to the State of Texas. If oral interviews are conducted, the interviews will be evaluated and scored for a possible 20 points. The score received for the oral interview will be added to the score received from the evaluation of a Respondent’s written proposal.

Respondents will be provided with notice of any such interview and are responsible for their own presentation equipment. Failure to participate in the requested interview may eliminate a Respondent from further consideration. The GLO is not responsible for any costs incurred by the Respondent associated with the interview.

4.4 BEST AND FINAL OFFER (BAFO)

Clarification discussions, at the GLO’s sole option, may be conducted with Respondents who submit Solicitation Responses determined to be acceptable and competitive.

Respondents shall be accorded fair and equal treatment with respect to any opportunity for discussion and/or written revisions of the Solicitation Responses. Such revisions may be permitted after submissions and prior to award solely for the purpose of obtaining BAFOs.

In conducting discussions, the GLO shall not disclose any information derived from the Solicitation Responses submitted by competing Respondents.

The GLO evaluation committee shall score BAFO responses in a manner consistent with the scoring of original solicitation responses. The criteria to be re-evaluated following a BAFO shall depend on the type of clarification requested by the GLO from Respondent.

Scores for any of the applicable selection criteria included in the GLO’s request for BAFO shall be replaced by the BAFO scores.

Texas General Land Office -15- RFP No. 1790-LP

4.5 CONTRACT AWARD

It is the intent of the GLO to award one contract under this Solicitation. An award notice will be sent to the selected Respondent. Any award is contingent upon the successful negotiation of final contract terms and upon approval of the GLO Chief Clerk. Negotiations shall be confidential and not subject to disclosure to competing Respondents unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the GLO may negotiate a contract with the next highest scoring Respondent or may withdraw this Solicitation.

NOTE: Solicitation Responses are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code, and will be withheld from or released to the public only in accordance therewith.

Texas General Land Office -16- RFP No. 1790-LP

ARTICLE V. REQUIRED RESPONDENT INFORMATION

5.1 RESPONDENT INFORMATION

Respondent must provide satisfactory evidence of its ability to manage and coordinate the types of activities described in this Solicitation and to produce the specified products or services on time. In accordance with this requirement, Respondent shall provide the following information:

5.1.1 Company Narrative

Provide a detailed narrative explaining why Respondent is qualified to provide the services enumerated in Article II, focusing on its company’s key strengths and competitive advantages.

5.1.2 Company Profile

Provide a company profile to include:

a) The company ownership structure (e.g., corporation, partnership, LLC, sole proprietorship, etc.), including any wholly owned subsidiaries, affiliated companies, or joint ventures. (Please provide this information in a narrative and as a graphical representation). If Respondent is an Affiliate of, or has a joint venture or strategic alliance with, another company, please identify the percentage of ownership and the percentage of the parent’s ownership. Finally, please provide your proposed operating structure for the services requested under this Solicitation and which entities (e.g. parent company, Affiliate, joint venture, subcontractor, etc.) will be performing them;

b) The year the company was founded and/or legally organized. If organized as a business entity other than a sole proprietorship (e.g., corporation, LLC, LLP, etc.), please indicate the type of entity, the state under the laws of which the company is organized and the date of organization;

c) The location of your company headquarters and any field office(s) that may provide services for any resulting contract under this Solicitation, including subcontractors;

d) The number of employees in your company, both locally and nationally, and the location(s) from which employees may be assigned;

e) The name, title, mailing address, e-mail address, and telephone number of Respondent’s point of contact for any resulting contract under this Solicitation;

and

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f) Indicate whether your company has ever been engaged under a contract by any

Texas state agency. If “Yes,” specify when, for what duties, and for which agency.

NOTE: A Respondent that is not organized under the laws of the state of Texas must register with the Texas Secretary of State before it may transact business in Texas. Respondent must provide proof of registration before the GLO may award a contract under this Solicitation.

5.1.3 Key Staffing Profile

Respondent must provide a key staffing profile and résumés for staff that will be responsible for the performance of the services requested under this Solicitation.

“Key staff” is defined as experienced, professional and/or technical personnel who will have major responsibilities under a contract and/or provide unusual or unique expertise essential for successful completion of the work performed. Provider shall ensure key staff remain available for the entire term of a contract. If key staff become unavailable for work, Provider shall promptly notify the GLO and assign alternative staff of equal ability and qualifications. The GLO reserves the right to approve changes to key staff.

Staff members listed in the Key Staffing Profile who are independent contractors, and not employees, of Respondent may also qualify as subcontractors. Please evaluate your Key Staffing Profile and HUB Subcontracting Plan accordingly.

5.2 TECHNICAL PROPOSAL

Respondent must describe clearly, specifically, and as completely as possible, its proposed methodology and schedule for achieving the objectives and requirements of this Solicitation. Respondent should identify all tasks to be performed to be responsive to Article II, Scope of Work, including Project activities, schedule milestones, materials, major equipment Respondent plans to utilize, and other products, services, and reports to be generated during the contract period and relate them to the stated purposes and specifications described in this Solicitation.

5.3 PAST PROJECTS

Respondent shall provide a minimum of three non-GLO completed projects of similar type and size performed within the last five (5) years, preferably for federal, state and/or local government entities. Information provided shall include:

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a. Client name;

b. Project description;

c. Total dollar amount of project;

d. Total project duration;

e. Key staff assigned to the referenced project that will be designated for work under this Solicitation; and

f. Client project manager name, telephone number, and e-mail address. If Client was

GLO, then include contact information for project Engineer of Record.

5.4 MAJOR SUBCONTRACTOR INFORMATION

In addition to the requirements of Article II, Respondent must identify any major subcontractors whom Respondent intends to utilize in performing 15% or more of the activity that constitutes the Project. Respondent must indicate whether or not Respondent holds any financial interest in any major subcontractor. It may be required as a condition of award that an authorized officer or agent of each proposed major subcontractor sign a statement to the effect that the subcontractor has read, and will agree to abide by, Respondent’s obligations under any contract awarded pursuant to this Solicitation.

Any major subcontractor the Respondent intends to utilize in performance of the work must also be included in the Respondent's HUB Subcontracting Plan. If a major subcontractor will not be utilized for this Project, so indicate in the appropriate section of the Solicitation Response.

5.5 LITIGATION HISTORY

Respondent must include in its Solicitation Response a complete disclosure of any actual or alleged breaches of contract it has engaged in. In addition, Respondent must disclose any civil or criminal litigation or investigation pending at any time during the last three years that involves Respondent or in which Respondent has been judged guilty or liable.

For each instance of litigation or investigation, Respondent shall list: basic case information (e.g., cause number/case number, venue information, names of parties, name of investigating entity); a description of claims alleged by or against Respondent or its parent, subsidiary, or other affiliate; for each resolved case, a description of the disposition of Respondent’s involvement (e.g., settled, dismissed, judgment entered, etc.). Failure to comply with the terms of this provision may disqualify any Respondent. Solicitation Responses may be rejected based upon Respondent’s prior history with the state of Texas or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations.

If Respondent has no litigation history, as described above, so indicate in the appropriate section of the Solicitation Response.

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5.6 HISTORICALLY UNDERUTILIZED BUSINESS (HUB)

The GLO is committed to promoting full and equal business opportunities for businesses in state contracting in accordance with the goals specified in the State of Texas Disparity Study. The GLO encourages the use of Historically Underutilized Businesses (HUBs) through race, ethnic and gender-neutral means. Pursuant to Texas Government Code §2161.181 and §2161.182, and the GLO’s HUB policy and rules, the GLO makes a good-faith effort to increase HUB participation in its contracts. The GLO does this by contracting directly with HUBs or indirectly through subcontracting.

The State of Texas HUB Subcontracting Plan form is included with this Solicitation as Exhibit C. A Solicitation Response that does not contain a HUB Subcontracting Plan (“HSP”) is not responsive and will be rejected without further evaluation. A Solicitation Response will also be rejected if the GLO determines that the HSP was not developed in good faith.

Please refer to the cover letter included with Exhibit C for specific instructions for locating potential HUB subcontractors utilizing the state’s Centralized Master Bidders List

(“CMBL”).

A presentation describing the procedure for completing the HSP is included with this Solicitation as Exhibit D.

Respondents may direct questions about HSPs or the HUB program to the HUB Team contacts listed below. All other questions about this Solicitation must be directed to the single point of contact listed in section 3.2.1.

Vonda White Daphne Grantham Vonda.White@GLO.Texas.Gov Daphne.Grantham@GLO.Texas.Gov

512.947.6441 512.914.7777

5.7 CONFLICTS

Respondent must disclose any potential conflict of interest it may have in providing the services described in this Solicitation, including all existing or prior arrangements. Please include any activities of affiliated or parent organizations and individuals who may be assigned to manage this account. If Respondent has no conflicts, as described above, so indicate in the appropriate section of the Solicitation Response.

5.8 SAFETY INFORMATION

Respondent shall provide its workers’ compensation experience modification rate (EMR) for the last five years. Respondents should submit this information on their insurance carrier’s signed letterhead. Also, please submit the name and job title of the person in your mailto:Vonda.White@GLO.Texas.Gov mailto:Daphne.Grantham@GLO.Texas.Gov

Texas General Land Office -20- RFP No. 1790-LP organization who manages your safety program, and a description of that program. A copy of your safety manual may also be required. The safety manual will become part of the contract if your Solicitation Response is selected.

5.9 QUALITY CONTROL PROGRAM

Respondent must provide the name and job title of the person responsible for the Respondent’s quality control program, as well as a description of the firm’s quality control program, as stipulated in the Construction Documents. A copy of your quality control manual may be required. The quality control manual will become part of the contract if your Solicitation Response is selected.

5.10 COST CONTROL PROGRAM

Respondent is encouraged to suggest any possible cost reduction items to be taken into consideration prior to awarding a contract under this Solicitation. Respondent should include possible cost reduction items in the Proposal. Respondent should provide a full description of the alternative work and the estimated cost savings. In addition, Respondent should detail the necessity of any additional drawings, specifications, or revisions to the construction sequencing and schedule that may be needed as a result of the implementation of the cost saving measures.

5.11 NON-COLLUSION AFFIDAVIT

The price and amount of any Solicitation Response must have been arrived at independently and without consultation, communication, agreement, or disclosure with or to any other contractor, Respondent, or prospective Respondent. Complementary proposals are illegal and prohibited. No attempt may be made at any time to induce any firm or person to refrain from submitting a proposal or to submit any intentionally high or noncompetitive proposal. All proposals must be made in good faith and without collusion. Respondent must complete, sign, and notarize the Non-Collusion Affidavit contained in the Project Manual, which will become part of the Proposal.

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ARTICLE VI. COST PROPOSAL

6.1 COST PROPOSAL

Respondents must submit a Cost Proposal on the Contractor’s Proposal Form (CPF), located in the Project Manual, and return it with the other documents required of this Solicitation.

The Cost Proposal provided is for the products and/or services as specified in this Solicitation and shall include all labor, materials, tools, supplies, equipment, insurance, bonds, personnel, travel expenses, and all other costs necessary to provide the products and services per the minimum specifications, requirements, provisions, terms, and conditions set forth in this Solicitation and any resulting Contract.

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ARTICLE VII. TERMS AND CONDITIONS

7.1 GENERAL CONDITIONS

7.1.1 Amendment

The GLO reserves the right to alter, amend, or modify any provision of this Solicitation, or to withdraw this Solicitation, at any time prior to the award, if it is in the best interest of the GLO.

7.1.2 Informalities

The GLO reserves the right to waive minor informalities and irregularities, as determined in the GLO’s sole discretion, in any Solicitation Response received.

7.1.3 Rejection

The GLO reserves the right to reject any or all Solicitation Responses received prior to contract award.

7.1.4 Irregularities

Any irregularities or lack of clarity in this Solicitation should be brought to the attention of the point-of-contact listed in Section 3.2.1 as soon as possible, so that corrective Addenda may be furnished to prospective Respondents via the ESBD.

7.1.5 Offer Period

Solicitation Responses shall be binding for a period of 120 days after they are opened. Respondents may extend the time for which their Solicitation Response will be honored. Upon contract execution, prices agreed upon by the Respondent(s) are an irrevocable offer for the term of the contract and any contract extension(s).

No other costs, rates, or fees shall be payable to the Respondent unless expressly agreed upon in writing by the GLO.

7.1.6 Open Records

The GLO is a government agency subject to the Texas Public Information Act (PIA), Chapter 552, Texas Government Code. The Solicitation Response and other information submitted to the GLO by the Respondent are subject to release as public information. The Solicitation Response and other submitted information shall be presumed to be subject to disclosure unless a specific exception to disclosure under the PIA applies. If it is necessary for the Respondent to include proprietary or otherwise confidential information in its Solicitation Response or

Texas General Land Office -23- RFP No. 1790-LP other submitted information, the Respondent must clearly label that proprietary or confidential information and identify the specific exception to disclosure of that information in the PIA. Merely making a blanket claim that the entire Solicitation Response is protected from disclosure because it contains some proprietary information is not acceptable and shall make the entire Solicitation Response subject to release under the PIA. In order to trigger the process of seeking an Attorney General opinion on the release of proprietary or confidential information, the specific provisions of the Solicitation Response the Respondent considers proprietary or confidential must be clearly labeled as described above. Any information which is not clearly identified as proprietary or confidential shall be deemed to be subject to disclosure pursuant to the PIA, except as provided by law.

Respondents are required to make any information created or exchanged with the state pursuant to this solicitation and any contract that may result from this solicitation, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the state.

Information related to the performance of this contract may be subject to the PIA and will be withheld from public disclosure or released only in accordance therewith. Respondent shall make any information created or exchanged with the state/GLO, and not otherwise excepted from disclosure under the PIA, available in a format that is accessible by the public at no additional charge to the state/GLO.

Respondent shall make any information required under the PIA available to the GLO in Portable Document Format (PDF) or any other format agreed between the parties. The original copy of each Solicitation Response shall be retained in the official files of the agency as a public record.

Solicitation Responses and all other documents associated with this Solicitation will be withheld or released upon written request only in accordance with the PIA.

To the extent that a Respondent wishes to prevent the disclosure of portions of its Solicitation Response to the public, Respondent shall demonstrate the applicability of any exception to disclosure provided under the PIA in accordance with the procedures prescribed by the PIA. Respondent may clearly label individual documents “confidential” or “trade secret” to demonstrate that it believes certain information is excepted from disclosure and may legally be withheld from the public. Respondent thereby agrees to indemnify and defend the GLO for honoring such a designation. The failure of Respondent to clearly label such documents shall constitute a complete waiver of any and all claims for damages caused by the GLO’s release of these records.

Pursuant to Texas Government Code Chapter 2261, any contract that results from this Solicitation, including selected Respondent’s Solicitation Response, shall be posted to the GLO’s website.

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7.1.7 Contract Responsibility

Respondent shall be solely responsible for the performance of all contractual obligations that may result from an award based on this Solicitation. Respondent shall not be relieved of its obligations for any nonperformance by its subcontractors.

7.1.8 Public Disclosure

Respondent will not advertise that it is doing business with the GLO or use a contract resulting from this Solicitation as a marketing or sales tool without prior written consent of the GLO. Furthermore, Respondent may not distribute or disclose this Solicitation to any other vendors or companies without permission from the GLO.

7.1.9 Remedies

All remedies available to the GLO for breach or anticipatory breach of any contract that results from this Solicitation are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies.