RFP 2524-LP Addendum No. 1.pdf

Texas General Land Office -1- RFP No. 2524-LP Addendum No. 1

TEXAS GENERAL LAND OFFICE

REQUEST FOR PROPOSALS NO. 2524-LP

Addendum No. 1

Bird Island Cove Shoreline Protection Phase II CEPRA Project No. 1713

Galveston County, Texas

Class 912 / Items 23, 44; Class 913 / Item 56; Class 914 / Item 84;

Class 959 / Items 26, 35; Class 968 / Item 34; Class 988 / Item 14, 32

Release Date: July 31, 2024 Addendum No. 1 Issue Date: August 22, 2024

Deadline for Submission: September 10, 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 bidders 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 ESBD 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 -2- RFP No. 2524-LP Addendum No. 1

1. The Pre-Proposal conference agenda, Engineer’s presentation and list of participants are posted on the following pages.

2. The Project Drawings shall be replaced in their entirety with the final Issued for RFP version dated March 27, 2024. The updated final project drawings with a revised callout on Sheet 00C-05 has been posted to MillerIDS site: https://planroom.millerids.com/

3. The Contractor’s Proposal From shall be replaced in its entirety with the attached revision.

The Unit Pricing Form and Note 2 on page 3 have been updated.

4. Specification Section 01 22 00 (Measurement and Payment) shall be replaced in its entirety with the attached revision. Paragraph 1.4.G (Item 1.12 – Marsh Mound Construction) has been updated.

5. The attached document entitled “Conservation Measures and Best Practices” contains conservations measures and best management practices that are required or encouraged on this project.

6. In Section 01 06 00 (Special Conditions), Paragraph 3.11 is amended to read as follows:

3.11 WORKING HOURS

A. With pre-approval, there are no restrictions to working hours. Work may be performed seven days per week.

https://planroom.millerids.com/

Texas General Land Office -3- RFP No. 2524-LP Addendum No. 1

Meeting Attendees

Texas General Land Office Linh Phan

Sarah Bergmann Andres Dura Stella Roland Rita Setser Kelly Brooks Carver Wray

HDR Inc.

Christian Lapann-Johannessen Daniel Heilman, SR Trident, Inc.

Jerred King

Patriot Construction Jordy Russo

Callan Marine Tyler Upton Ria Skinner James Frazier

Rigid Constructors, LLC Emily Lawson

APOLLO Environmental Strategies, Inc.

Tim Elms

Hydroterra Technologies Mike Nitska

Texas General Land Office -1- RFP No. 2524-LP Pre-Proposal Conference Agenda

PRE-PROPOSAL CONFERENCE AGENDA – RFP No. 2524-LP Bird Island Cove Shoreline Protection Phase II

CEPRA Project No. 1713, Galveston, TX Texas General Land Office August 13, 2024, 10:00 a.m.

GLO Staff: Sarah Bergmann, Manager, Procurement Division Linh Phan, Purchaser, Procurement Division Rita Setser, Coastal Resources Division Stella Roland, Assistant HUB Coordinator Andres Dura, Office of General Counsel

ENGINEER: HDR Inc.

Christian Lapann-Johannessen, Engineer of Record Daniel Heilman, Project Manager

I. Introductions and Sign-in Please enter your name, company name, and e-mail address in the Zoom chat box to sign in.

Please make sure all mics are on mute. Any questions need to be asked through the chat box.

II. Proposal Procedures - Overview of RFP Process:

Procurement Division

1. The RFP has been posted on Electronic State Business Daily (ESBD) at https://www.txsmartbuy.gov/esbd/RFP2524-LP Respondents are advised to read and become familiar with all posted information.

Addenda will also be posted on the ESBD.

2. The Project Manual (specifications and drawings), along with the RFP is posted on the

MillerIDS site: https://planroom.millerids.com/

3. This RFP is for Competitively Sealed Proposals for Bird Island Cove Shoreline Protection Phase II, CEPRA Project No.1713 in Galveston County, Texas, as described in Article II of the RFP, Scope of Work.

4. Questions: All questions regarding this RFP must be submitted to Linh Phan, GLO

Procurement, in writing; please refer to Section 3.2.1 of the RFP for contact information.

Deadline for submitting questions: August 15, 2024 at 2:00 PM.

5. Clarification of discrepancies and answers to submitted questions will be made by Addenda posted to the ESBD. The anticipated release date of answers to accepted questions is August 26, 2024.

6. Delivery of Solicitation Responses: Respondents must upload Solicitation Responses to the

Box™ URL specified in Section 3.4.3 of the RFP. The GLO shall not accept Solicitation Responses submitted by any other means. Please contact the point-of-contact listed in Section

3.2.1 for assistance with Box™.

https://www.txsmartbuy.gov/esbd/RFP2524-LP https://planroom.millerids.com/

Texas General Land Office -2- RFP No. 2524-LP Pre-Proposal Conference Agenda

7. Deadline for Submission of Solicitation Responses: September 10, 2024 at 2:00 p.m.

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.

8. Evaluation Criteria and Minimum Qualifications: Section 4.1 of the RFP.

40% Cost;

25% Demonstrated relevant experience, qualifications and past performance;

25% Technical Proposal, proposed methodology and schedule;

5% Safety record, quality control and cost control programs; and 5% Overall responsiveness, clarity, and organization of Solicitation response.

9. Cost Proposal: Respondent must submit a cost proposal for the services listed in Article II, Scope of Work. Instructions for formatting the cost proposal may be found in Article VI of the

RFP.

10. Respondents are advised to read and become familiar with all the posted documents. In addition, respondents should visit the site to become familiar with all existing conditions prior to submitting proposals.

Respondents are responsible for providing their own transportation to the Project site. Several boat ramps are located in the general vicinity of the Project site including:

• 14302 Stewart Rd, Galveston, TX 77554

• 16634 Basin, Jamaica Beach, TX 77554

• 21818 Lampasas Dr, Galveston, TX 775540

Respondents are responsible for obtaining permission, fees, and coordination associated with the use of the boat ramps listed above.

11. Submission Checklist: See Article VIII, Page 31, of the RFP. This checklist is provided for

Respondent’s convenience only and identifies documents that must be submitted with this Solicitation Response in order to be considered responsive. Any Solicitation Responses received without these requisite documents may be deemed nonresponsive and may not be considered for contract award.

12. Award: Selected Respondent will be sent the Notice of Intent to Award after proposal evaluations. Once the contract is executed, the Notice of Award will be posted to the ESBD.

III. HUB Subcontracting Plan Stella Roland, Assistant HUB Coordinator

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.

Texas General Land Office -3- RFP No. 2524-LP Pre-Proposal Conference Agenda

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).

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 Stella Roland Vonda.White@GLO.Texas.Gov Stella.Roland@GLO.Texas.Gov 512-947-4441 512-914-7777

The Assistant HUB Coordinator will give an overview of proper completion of the HUB Subcontracting Plan and good faith effort requirements. The last day for an outreach notification to HUB subcontractors is August 29, 2024.

IV. Description of Scope of Work Presentation by Engineer Technical Questions

V. Last Call for Questions and Adjourn

Agenda, sign-in sheet, and questions & answers will be posted to the ESBD.

mailto:Vonda.White@GLO.Texas.Gov mailto:Stella.Roland@GLO.Texas.Gov

8/13/2024

© 2015 HDR, Inc., all rights reserved.

© 2015 HDR, Inc., all rights reserved.

Pre-Proposal Conference

Bird Island Cove Shoreline

Protection Phase II (CEPRA 1713)

Project Vicinity

Bird Island Cove

Project Site: Bird Island Cove

Construction of 8,836 LF of graded riprap breakwater within West Bay at Bird Island

Cove o Mobilization/demobilization o Pre-construction hazard survey o Pre-construction aerial photography o Initial and final construction surveys o Placement of geotextile fabric and riprap, o Temporary turbidity control barrier o Aids to navigation structures (daybeacons) o Acceptance aerial photography o Up to 6 acres of marsh restoration.

Work Description

Portion of breakwater will be constructed over relic geotube.

Marsh Restoration only required if dredging is performed for flotation channel.

Layout

Optional Flotation Channel

Breakwater

Marsh Restoration

Layout

Turbidity Control Barrier

(Sta 0+00 to 22+00)

Turbidity Control Barrier

(Sta 40+00 to 62+00)

Layout

Turbidity Control Barrier

(Sta 40+00 to 62+00)

Existing Conditions

Graded riprap with W50(min) = 500 lb

Remnants of geotextile tube BW to be covered with GRR

Breakwater

Only required if Contractor chooses to dredge flotation channel. All dredged material must be placed for marsh mound construction.

Marsh Mounds

Surveying performed by RPLS

Hazard survey prior to construction

Surveying

Payment per linear foot – breakwater and turbidity control barrier.

All other items lump sum

Surveys accompany progress payments

Proposal and Payment

Replace preliminary drawings with signed/sealed drawings.

Attach best management practices from NRDA for conservation measures for:

o Manatee o Sea Turtles o Whooping Cranes o Giant Manta Ray o Dolphin o Bald Eagle

Upcoming Addendum

Questions

Texas General Land Office -4- RFP No. 2524-LP Addendum No. 1

RFP 2524-LP Questions and Answers

Question 1: Can we get a google kmz of the features or a dxf/dwg?

Answer 1: No.

Question 2: The flotation channel includes all of the adjacent channels beside the breakwater alignment, correct? If so, is there a volume calculation for that dredging volume? If all of the channels aren't required to be dredged, are all of the mounds required?

Answer 2: Yes, the flotation channel extends the full length of the breakwater. The dredging volume depends on how much, if any, of the flotation channel is dredged. There is no requirement on the number of mounds constructed, but all dredged material must be placed for mound construction. The number of mounds constructed will depend on how much of the flotation channel is dredged.

Question 3: Bid this line as a price per mound? Regardless of cubic yards?

Answer 3: The requirements for Marsh Mound pricing have been revised. See associated revisions to the unit pricing form and Measurement and Payment in Addendum No. 1.

Question 4: Can Lidar be used?

Answer 4: No.

END OF QUESTIONS AND ANSWERS

Texas General Land Office -5- RFP No. 2524-LP Addendum No. 1

In the submission of the Solicitation Response, the Respondent shall acknowledge receipt of this addendum; otherwise, the Solicitation Response may not be given consideration. The Respondent shall acknowledge receipt by returning a signed copy of this notice with the solicitation response.

RFP No. 2524-LP

Bird Island Cove Shoreline Protection Phase II

CEPRA Project No. 1713

Addendum No. 1

Respondent Name: ____________________________________________________________

Mailing Address: ____________________________________________________________

City/State/Zip: ____________________________________________________________

Signature: ____________________________________________________________

THIS HEREBY COMPLETES ADDENDUM NO. 1

Texas General Land Office -6- RFP No. 2524-LP Addendum No. 1

Attachments to Addendum No. 1

Contractor’s Proposal Form

GLO Competitive Sealed Proposal - Page 1 of 3 Addendum No. 1

CONTRACTOR'S PROPOSAL FORM

Proposing Firm's Name: ________________________________

Address: ________________________________

City, State, Zip: ________________________________

Project Number: CEPRA 1713 .

Project Title: Bird Island Cove Shoreline Protection Phase II .

Owner: Texas General Land Office .

Project Location: Galveston County, TX .

Having carefully examined the RFP, solicitation documents, drawings and specifications for the referenced project, as prepared by HDR Engineering, Inc. as well as the premises and conditions affecting the work, we hereby propose to furnish all labor, materials, and equipment necessary to complete the work for the following amounts and times.

I. BASE PRICE

Shall also include Owner contingency allowance that may be used at a future time. See Section 01 21 00

– Allowances for more information.

Dollars $ (Insert amount in Words and Numbers)

II. ALTERNATE PRICES

N/A

III. UNIT PRICES

Respondents shall submit unit pricing on the Unit Pricing form, or a similar format that includes all listed items and quantities. The Unit Pricing shall be attached immediately following this form.

IV. CONTRACT TIME

The Respondent, by the signature of their authorized representative below, further agrees that, if awarded the contract, the work will be substantially complete in the calendar day time indicated herein following the date of a Notice to Proceed.

Base Time ___________________ calendar days

Additive Time: The Respondent, by the signature of their authorized representative, further agrees that, if awarded the contract including one of the following price alternates, the work will be substantially complete in the following additional or fewer calendar day time than the Base Time (Note: fill in only those days added to or subtracted from base time).

GLO Competitive Sealed Proposal - Page 2 of 3 Addendum No. 1

N/A

Notes:

1) Respondent will be required to provide material, labor and applicable sales tax breakdown on all prices prior to award.

V. ADDENDA:

Respondent acknowledges receipt of the following Addenda:

Number: Dated: Date Received:

VI. MAJOR SUBCONTRACTORS:

List below subcontractors who will perform at least 15% of the project. The selected contractor will be required to provide a Contractor's Qualification form for each firm listed.

Exceeding 15% of the total price:

_______________________________________ City: _____________________

RESPECTFULLY SUBMITTED:

Authorized Signature:

Printed Name and Title:

Telephone:

Respondent’s Corporate Charter No.:

If a Corporation, attach a corporation resolution or other official corporate documentation, which states that person signing this proposal is an authorized person to sign for and legally bind the corporation.

GLO Competitive Sealed Proposal - Page 3 of 3 Addendum No. 1

Unit Pricing Form

Item Description Unit of

Measure

Quantities Unit Price Extended

Price

Base Work

1.1 Mobilization/Demobilization LS 1 $ $

1.2 Construction Surveying LS 1 $ $

1.3 Pre-Construction Aerial Photography

LS 1 $ $

1.4 Monthly Aerial Photography LS 1 $ $

1.5 Acceptance Aerial Photography LS 1 $ $

1.6 Breakwater (Ostermayer Bayou) LF 2,227 $ $

1.7 Turbidity Control Barrier (Ostermayer Bayou)

LF 2,200 $ $

18 Breakwater (Shell Island Point) LF 2,005 $ $

1.9 Breakwater (Bird Island Cove) LF 4,604 $ $

1.10 Turbidity Control Barrier (Bird Island Cove)

LF 2,200 $ $

1.11 Daybeacons EA 9 $ $

1.12 Marsh Mound Construction LS 1 $ N/A $

Notes:

1) Unit Prices are for installed items, and includes all costs of materials, equipment, labor, profit, overhead and subsidiary costs.

2) Item 1.12, “Marsh Mound Construction,” is optional. Construction of Marsh Mounds is not required and shall only be constructed as beneficial use of material dredged from optional Flotation Channel. Lump Sum price shall include all work associated with dredging of Flotation Channel and construction of Marsh Mounds. The extended price entered above shall cover construction of up to 15 Marsh Mounds;

this price does not represent a unit price per mound. Construction of all 15 mounds shown on the Drawings is not required, but all dredged material shall be placed for mound construction.

Section 01 22 00

Measurement and Payment

Project Number 10363318 MEASUREMENT AND PAYMENT Addendum No. 1

01 22 00 - 1

SECTION 01 22 00

MEASUREMENT AND PAYMENT

PART 1 - GENERAL

1.1 SUMMARY

A. Section Includes:

1. General requirements applicable to all bid/pay items.

2. Uniform General Conditions on lump sums.

3. Listing of the various bid/pay items in the Project.

B. Related Requirements:

1. Include but are not necessarily limited to:

a. Section 01 26 00 - Contract Modification Procedures.

b. Section 01 29 73 - Schedule of Values.

c. Section 01 29 76 - Progress Payment Procedures.

1.2 REQUIREMENTS APPLICABLE TO ALL BID/PAY ITEMS

A. In this Section and elsewhere in the Contract Documents, the terms “bid item,” “pay item,”

“bid/pay item,” “Item” followed by a number designation, “this item,” and the like all have the same meaning, and refer to one or more specific elements of the Contract, established for pricing and payment, as indicated in the Proposal Form and in the Contract (or exhibit to the Contract) at the time the Contract was signed by the parties.

B. This Article applies to all bid/pay items in the Contract.

C. Prices – General:

1. The pay items listed in Article [1.4] of this Section refer to and are the same items listed on the Unit Pricing Form contained within the Contractor’s Proposal Form. These pay items constitute all pay items for the Work at the time the Contract was signed by the parties.

2. No direct or separate payment will be made, outside of the bid/pay items in the Contract, for the following: providing miscellaneous temporary or accessory materials or equipment, temporary works, temporary construction facilities, Contractor’s project management, superintendence, and similar costs for Subcontractors or Suppliers; bonds and insurance;

schedules and schedule updates; coordination with Owner, authorities having jurisdiction, Subcontractors and Suppliers, and others with whom Contractor is to coordinate the Work;

Submittals; Project meetings; Contractor’s compliance with environmental procedures;

professional services required for Contractor’s means and methods of construction;

obtaining and complying with permits and licenses; temporary utilities (including electric power, water supply and disposal, fuel, and communications); temporary sanitary facilities;

temporary first-aid facilities and services; Contractor’s field offices and sheds; temporary controls including temporary erosion and sediment controls, noise control, control of storm water, surface water, and groundwater, pollution controls, dust control, odor controls, and other temporary controls required by the Contract Documents; temporary security for the

Work; temporary barriers; Project signage; delivering, handling, and storing materials and equipment to be incorporated into the Work; construction equipment, machinery, tools, and vehicles; safety and protection; Site maintenance during construction; cleaning and removal and disposal of waste and debris; testing and other quality control activities required by the

Contract Documents; record documents; warranties; Contractor’s general warranty and guarantee; Contractor’s indemnification obligations; other labor, cost, or effort required by the Uniform General Conditions and Supplementary General Conditions, Division 01

Specifications, and other requirements of the Contract Documents.

3. Price Escalation:

01 22 00 - 2

a. Unless expressly indicated otherwise in the Contract Documents, Owner is not obligated to change the stipulated prices (including lump sums, unit prices, and allowances) that are all or part of the Contract Price because of escalation of costs when there is no corresponding change in the Contract Times.

b. Changes in the Contract Times do not necessarily entitle Contractor to a change in

Contract Price due to escalation.

4. Compensation for all services, labor, materials, and equipment shall be included in prices stipulated for the bid/pay items in the Contract.

5. Each price in the Contract shall include an amount considered by Contractor as sufficient for all overhead and profit for each separately identified bid/pay item.

D. Contract Price, Payment Procedures, and Related Matters:

1. Contract Price: The Contract Price, as apportioned among bid/pay items in the Contract, is indicated in the Contract and may be modified by Change Order.

2. Payments to Contractor: Refer to the Uniform General Conditions (as may be modified by the Supplementary General Conditions), the Contract (including provisions on retainage, if any), and Section 01 29 76 - Progress Payment Procedures, among other applicable Contract

Documents.

3. Schedule of Values: Refer to the Uniform General Conditions (as may be modified by the

Supplementary General Conditions) and Section 01 29 73 – Schedule of Values.

4. Procedures for Changes in Contract Price: Refer to the Uniform General Conditions (as may be modified by the Supplementary General Conditions) and Section 01 26 00 - Contract

Modification Procedures.

5. Defective Work is not eligible for payment.

1.3 GENERAL CONDITIONS ON LUMP SUM ITEMS

A. Progress payments for Work paid on a lump sum basis will based on Engineer’s estimate of the

Work (in accordance with the Contract Documents) performed through the end of the associated pay period, based on the Schedule of Values accepted by Engineer in accordance with the

Contract Documents.

B. At its sole discretion, Engineer may correct amounts of lump sum Work included in prior payment requests based on improved data or information available to Engineer, or Engineer’s knowledge or reasonable belief that Work is incomplete or defective.

1.4 BID/PAY ITEMS – GENERAL CONTRACT

A. Item 1.1 – Mobilization and Demobilization:

1. Measurement: In accordance with the Contract’s provisions on Schedule of Values and progress payments for lump sum Work.

2. Item Includes:

a. Work and activities indicated in this provision are intended as illustrative for purposes of scope and payment and do not represent a complete list of all preconstruction activities and Submittals, or all Work or activities required by the contract for mobilization and demobilization.

b. Mobilization Work paid under this item will include:

1) Furnishing required performance bond and payment bond.

2) Furnishing required insurance and associated documentation.

3) Obtaining Owner’s acceptance of proposed Subcontractors and Suppliers and entering into subcontracts and purchase orders needed to start the Work.

4) Preparing and obtaining Engineer’s acceptance of schedules, including Work

Progress Schedule, Schedule of Submittals, and Schedule of Values.

5) Establishment of a site-specific health and safety plan.

6) Preconstruction conference(s) required by the Contract Documents.

7) Obtaining required permits needed to start the Work.

8) Issuance of a Local Notice to Mariners through the U.S. Coast Guard as required under Section 01 41 24 – Permit Requirements.

9) Initial establishment of temporary utilities and temporary facilities.

01 22 00 - 3

10) Establishing construction equipment, machinery, and tools at the Site.

11) Providing initial temporary controls.

12) Temporary security needed to start Work at the Site.

13) Other mobilization acceptable to Engineer.

c. Demobilization Work paid under this item will include:

1) Removal from the Site and adjacent areas of excess materials and equipment.

2) Removal of temporary controls, temporary facilities, temporary barriers, and similar materials and equipment.

3) Removal of all field office and sheds, storage areas, staging and laydown areas, and other areas needed to perform the Work and restoration of such areas.

4) Removal from the Site of all construction equipment, machinery, tools, Contractor’s containers, temporary fuel storage tanks, and similar items.

5) Closeout of permits on which Contractor is a permittee or co-permittee.

6) Final cleaning.

7) Furnishing required closeout documents.

8) Other costs and effort by Contractor for demobilization.

d. Other cost and Work are under other bid/pay items in the Contract.

3. Payment: Lump sum price for this item will be full compensation for all mobilization and demobilization required and needed for the Contract, not included under other bid/pay items or contracts.

B. Item 1.2 – Construction Surveys

1. Measurement: In accordance with the Contract’s provisions on Schedule of Values and progress payments for lump sum Work.

2. Item Includes:

a. Survey work at the Site as specified in Section 35 00 01 – Construction Surveying, including:

1) Pre-Construction Hazard Survey

2) Initial Survey

3) Interim (Progress) Surveys

4) Final Survey

5) Preparation of Submittals

b. Establishing surveying equipment, boats, instruments, and personnel at the Site.

c. Establishing survey control at the Site.

d. Other work, services, and materials required and necessary for construction surveying not expressly included under other bid/pay items.

3. Payment: Lump sum price for this item will be full compensation for all construction surveying completed as specified in the Contract Documents.

C. Item 1.3, Item 1.4 and Item 1.5 – Pre-Construction Aerial Photography, Monthly Aerial

Photography, and Acceptance Aerial Photography

1. Measurement: In accordance with the Contract’s provisions on Schedule of Values and progress payments for lump sum Work.

2. Item Includes:

a. Procurement and delivery of aerial photography as specified in Section 35 00 01 –

Construction Surveying.

b. Other work, services, and materials required and necessary for aerial photography not expressly included under other bid/pay items.

3. Payment: Lump sum price for this item will be full compensation for all aerial photography completed as specified in the Contract Documents.

D. Item 1.6, Item 1.8, and Item 1.9 – Breakwater (Ostermayer Bayou, Shell Island Point, and Bird

Island Cove)

1. Measurement: Length and cross section of breakwater will be based on surveys performed by Contractor as specified with Section 35 00 01 – Construction Surveying.

2. Item Includes:

01 22 00 - 4

a. Procurement, delivery, and installation of graded riprap, geotextile fabric, and any other materials associated with breakwater construction.

b. Testing riprap as specified in Section 35 31 23 – Breakwater.

c. Testing geotextile fabric as specified in Section 31 05 19.13 – Geotextile for

Earthwork.

d. Preparation of submittals as specified in Section 35 31 23 – Breakwater and Section 31

05 19.13 – Geotextile for Earthwork.

e. Other work, services, and materials required and necessary for breakwater construction not expressly included under other bid/pay items.

3. Payment: Lump sum price for this item will be full compensation for all breakwater construction completed as specified in the Contract Documents.

E. Item 1.7 and Item 1.10 – Turbidity Control Barrier (Ostermayer Bayou and Bird Island Cove)

1. Measurement: In accordance with the Contract’s provisions on Schedule of Values and progress payments for lump sum Work. Measurement of turbidity control barrier shall be per linear foot based on surveys in accordance with Section 35 24 00 Dredging. Linear foot of turbidity control barrier shall be measured along breakwater baseline shown on the

Drawings.

2. Item Includes:

a. Procurement, delivery, installation, and removal of turbidity control barrier as specified in Section 35 24 00 Dredging and on the Drawings.

b. Other work, services, and materials required and necessary for turbidity control barriers not expressly included under other bid/pay items.

3. Payment: Lump sum price for this item will be full compensation for all turbidity control barrier completed as specified in the Contract Documents.

F. Item 1.11 –Daybeacons

1. Measurement: In accordance with the Contract’s provisions on Schedule of Values and progress payments for lump sum Work.

2. Item Includes:

a. Procurement, fabrication, delivery, installation, and assembly of timber piles, sign faces, hardware, and other materials required for daybeacons as specified on the

Drawings.

b. Other work, services, and materials required and necessary for daybeacons not expressly included under other bid/pay items.

3. Payment: Lump sum price for each daybeacon will be full compensation for all daybeacons completed as specified in the Contract Documents.

G. Item 1.12 – Marsh Mound Construction

1. Measurement: In accordance with the Contract’s provisions on Schedule of Values and progress payments for lump sum Work.

2. Item Includes:

a. Procurement, installation, and assembly of dredged material as required for marsh mounds as specified on the Drawings and in Section 35 24 00 Dredging.

b. Excavation of optional flotation channel for construction access, and associated placement of dredged material as marsh mounds, as shown on the Drawings.

c. Other work, services, and materials required and necessary for marsh mound construction not expressly included under other bid/pay items.

3. Payment:

a. The extended price stated on the Unit Pricing Form for Marsh Mound Construction shall represent the lump sum price for constructing up to 15 Marsh Mounds. The extended price is not a unit price per mound. This extended price shall be full compensation for marsh mounds completed within tolerances as shown on the

Drawings and as specified in the Contract Documents.

b. Construction of all 15 marsh mounds shown on the Drawings is not required, but all dredged material shall be placed for marsh mound construction.

01 22 00 - 5

c. Payment will not be made for partially completed marsh mounds. The pay deduction for partially completed marsh mounds will be calculated as the ratio of partially completed mounds to fully completed mounds. With prior approval from Engineer, remaining dredged material that is insufficient for construction of a complete mound may be placed to expand a fully completed mound that has already been constructed.

With this approval, full payment for marsh mound construction may be provided by

Owner.

d. Payment for overbuilt marsh mounds will not be made until mound is brought within tolerances as shown on the Drawings.

e. If Contractor includes a price for Marsh Mound Construction on the Unit Pricing Form but does not perform dredging, the cost for Marsh Mound Construction will be deducted from the overall Contract price.

PART 2 - PRODUCTS - (NOT USED)

PART 3 - EXECUTION - (NOT USED)

END OF SECTION

Conservation Measures and Best Practices

Conservation Measures and Best Practices

The following conservation measures and best management practices, including Attachments A through J, are required or encouraged on this project:

1. West Indian Manatee Conservation Measures

• All contract personnel associated with the project would be informed of the potential presence of manatees and the need to avoid collisions with manatees, which are protected under the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973.

• All construction personnel are responsible for observing water-related activities for the presence of manatee(s).

• Temporary signs would be posted prior to and during all construction activities to remind personnel to be observant for manatees during active construction/dredging operations or within vessel movement zones (i.e., work area), and at least one sign should be placed where it is visible to the vessel operator.

• Siltation barriers, if used, would be made of material in which manatees could not become entangled, and should be properly secured and monitored.

• If a manatee is sighted within 100 yards of the active work zone, special operating conditions would be implemented, including: no operation of moving equipment within 50 feet of a manatee; all vessels shall operate at no wake/idle speeds within 100 yards of the work area; and siltation barriers, if used, should be re-secured and monitored. Once the manatee has left the 100-yard buffer zone around the work area on its own accord, special operating conditions are no longer necessary, but careful observations would be resumed.

• Any manatee sighting would be immediately reported to the implementing trustee.

• In-water lines would be made of materials such as stiff cable or plastic-coated lines and any ropes would be thick, heavy, and taut lines that do not loop or entangle, and would be installed in a manner to minimize the risk of entanglement of protected species.

2. Sea Turtle Conservation Measures

• NMFS’s Sea Turtle and Smalltooth Sawfish Construction Conditions (revised March 23, 2006) – See Attachment F

• NMFS’s Measures for Reducing Entrapment Risk to Protected Species (revised May 22, 2012) – See Attachment D

• NMFS’s Vessel Strike Avoidance Measures and Reporting for Mariners (revised February 2008) – See Attachment G

• In-water lines for floating platforms would be made of materials such as stiff cable or plastic-coated lines, and any ropes would be thick, heavy, and taut lines that do not loop or entangle and would be installed in a manner to minimize the risk of entanglement of protected species.

3. Whooping Cranes Conservation Measures

• Provide all individuals working on a project with information in support of general awareness of whooping crane presence and means to avoid birds and their critical or otherwise important habitats.

• Between late October and March, all construction equipment reaching heights of 15’ or greater will be lowered as much as possible during nighttime hours and periods of low visibility to reduce collision risk.

• If whooping cranes are observed within 1000 feet of project activities all work will stop until the cranes have left or move greater than 1,000 feet from the work site. Whooping crane sightings will be immediately reported to the Implementing Trustee to determine if additional conservation measure will be required.

4. Giant Manta Ray Conservation Measures Implement the following in-water work guidelines:

• NMFS’s Measures for Reducing Entrapment Risk to Protected Species (revised May 22, 2012) – See Attachment D

• NMFS’s Vessel Strike Avoidance Measures and Reporting for Mariners (revised

February 2008) – See Attachment G

5. Dolphin Conservation Measures

• The following additional BMPs will be implemented to reduce any potential impacts to bottlenose dolphins related to dredging activities:

o Monitor/observe for dolphins during dredging activities following the same protocols used for manatees under the ESA.

o If dolphins come within 50 yards of active dredging and are not just traveling through the area (e.g., remaining within the 50 yards to forage), dredge operations should not start; or if dredging has already begun, it should cease until the dolphins are beyond the 50-yards and are not likely to re-enter (i.e., are on a dedicated path away from the 50-yard area).

o Avoid trans-versing waterbodies with any floating pipelines from the dredge activities, as these could pose as a perceived barrier to dolphins.

• Recommended Signage - PDSign_2014_24x36_print (noaa.gov)

6. Bald Eagle Conservation Measures

• If bald eagle breeding or nesting behaviors are observed or a nest is discovered or known, all activities (e.g., walking, camping, clean-up, use of a UTV, ATV, or boat) should avoid the nest by a minimum of 660 feet. If the nest is protected by a vegetated buffer where there is no line of sight to the nest, then the minimum avoidance distance is 330 feet. This avoidance distance shall be maintained from the onset of breeding/courtship behaviors until any eggs have hatched and eaglets have fledged (approximately 6 months).

• If a similar activity (e.g., driving on a roadway) is closer than 660 feet to a nest, then you may maintain a distance buffer as close to the nest as the existing tolerated activity.

• If a vegetated buffer is present and there is no line of sight to the nest and a similar activity is closer than 330 feet to a nest, then you may maintain a distance buffer as close to the nest as the existing tolerated activity.

• In some instances, activities conducted at a distance greater than 660 feet of a nest may result in disturbance. If an activity appears to cause initial disturbance, the activity shall stop and all individuals and equipment will be moved away until the eagles are no longer displaying disturbance behaviors.

https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmedia.fisheries.noaa.gov%2Fdam-migration%2Fprotect_dolphin_sign_feeding.pdf&data=05%7C02%7CSierra.Pena%40hdrinc.com%7C3e4ca8d49971404b4cb308dcbc87ffd1%7C3667e201cbdc48b39b425d2d3f16e2a9%7C0%7C0%7C638592540016351142%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=HYCNWeDZ51rZqZYY1JpWyFEOHFvovwmT4AJDwjAATaU%3D&reserved=0

ATTACHMENT A

USFWS CONSERVATION MEASURES

DWH-ARZ012418

This communication is in response to the Texas Trustee Implementation Group’s (TX TIG) request for informal Section 7 consultation with the U.S. Fish and Wildlife Service (Service) on the Restoration Plan #2: Wetland, Coastal and Nearshore Habitats, Living Coastal and Marine Resources, and Water Quality. Your initiation request and project information were received on April 1, 2022.

The Service has reviewed the Biological Evaluation (BE) forms submitted by the Deepwater Horizon TX TIG for nine (9) projects to be implemented throughout the Texas coast funded as part of the legal settlement reached with British Petroleum in 2016. The Trustees prepared a Final Programmatic Damage Assessment and Restoration Plan and Final Programmatic Environmental Impact Statement (Final PDARP/PEIS) of the same year. The projects being implemented by the TX TIG were developed and published under the Restoration Plan #2: Wetland, Coastal and Nearshore Habitats, Living Coastal and Marine Resources, and Water Quality in 2022.

This response is provided under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Act), and in accordance with the implementing regulations pertaining to interagency cooperation (50 CFR 402). All necessary information has not yet been provided for the Bahia Grande Channel F Wetland Restoration project; therefore, this project will be reviewed separately once all information has been received by our office. Bahia Grande Channel F Wetland Restoration is not considered in the determination below.

This letter provides a concurrence determination for (8) eight of the (9) projects submitted with the request.

• Bird Island Cove Habitat Restoration Phase II

• Follets Island Coastal Management Area (CMA) Habitat Acquisition Phase II

• Galveston Island Habitat Acquisition

• Jones Bay Oystercatcher Habitat Restoration

• Lancha Sea Turtle Mitigation Plan

• Landscape Scale Oyster Restoration in Galveston Bay, TX

• Laguna Vista Rookery Island Habitat Restoration

• Texas Breeding Shorebird and Seabird Stewardship

Table 1. Federally listed endangered (E), threatened (T), and (C) candidate species for the proposed projects including critical habitat (CH) and the TX TIG determinations of project effects on those

United States Department of the Interior

FISH AND WILDLIFE SERVICE

Gulf Restoration Program Office

17629 El Camino Real #211 Houston, Texas 77058-3051

281/286-8282 Fax 281/488-5822

In Reply Refer To:

FWS/R2/GRPO/

species of no effect (NE) and may affect, but not likely to adversely affect (NLAA) adapted from table 2 Summary of ESA determinations for the proposed projects. (NE = No Effect, NLAA = May Affect, Not Likely to Adversely Affect, -- = Not Applicable) of the BE forms submitted for review.

ESA Species Under USFWS Jurisdiction Status

Bird Island Cove Habitat Restoration

Phase II

Follets Island Coastal

Management Area (CMA)

Habitat Acquisition

Phase II

Galveston Island Habitat

Acquisition

Jones Bay Oystercatcher

Habitat Restoration

Eastern Black Rail (Laterallus jamaicensis jamaicensis)

T NE NLAA NLAA NE

Piping Plover (Charadrius melodus)

T NE NLAA NLAA NLAA

Piping Plover (CH) -- -- -- -- Red Knot (Calidriscantutus rufa)

T NE NLAA NLAA NLAA

Red Knot (CH) -- -- -- -- Ocelot (Leopardus (=Felis) pardalis)

E -- -- -- --

Aplomado Falcon (Falco femoralis septentrionalis)

E -- -- -- --

Monarch Butterfly (Danaus plexippus)

C NE NLAA NLAA NE

West Indian Manatee (Trichechus manatus)

T NLAA NE NE NLAA

Whooping Crane (Grus americana)

E NLAA NLAA NLAA --

Green Sea Turtle (Chelonia mydas)

E NE NLAA NE NE

Hawksbill Sea Turtle (Eretmochelys imbricata)

E NE NLAA NE NE

Kemp’s Ridley Sea Turtle (Lepidochelys kempii)

E NE NLAA NE NE

Loggerhead Sea Turtle (Caretta caretta)

T NE NLAA NE NE

Leatherback Sea Turtle (Dermochelys coriacea)

E NE NE NE NE

Attwater’s Greater Prairie-Chicken (Tympanuchus cupido attwateri)

E NE NE NE --

Continuation of Table 1.

ESA Species Under USFWS Jurisdiction Status

Lancha Sea Turtle Mitigation

Plan

Landscape Scale Oyster

Restoration in Galveston Bay, TX

Laguna Vista Rookery

Island Habitat Restoration

Texas Breeding

Shorebird and Seabird

Stewardship Eastern Black Rail (Laterallusjamaicensi s jamaicensis)

T -- NE NE NE

Piping Plover (Charadrius melodus)

T -- NE NLAA NLAA

Piping Plover CH -- -- NLAA NLAA Red Knot (Calidriscantutus rufa)

T -- NE NLAA NLAA

Red Knot CH -- -- NLAA NLAA Ocelot (Leopardus (=Felis) pardalis)

E -- -- NE NE

Aplomado Falcon (Falco femoralis septentrionalis)

E -- -- NE NLAA

Monarch Butterfly (Danaus plexippus)

C NE NE NLAA NLAA

West Indian Manatee (Trichechus manatus)

T NLAA NLAA NLAA NE

Whooping Crane (Grus americana)

E -- -- -- NLAA

Green Sea Turtle (Chelonia mydas) E NE NE NE NLAA Hawksbill Sea Turtle (Eretmochelys imbricata)

E NE NE NE NE

Kemp’s Ridley Sea Turtle (Lepidochelys kempii)

E NE NE NE NLAA

Loggerhead Sea Turtle (Caretta caretta)

T NE NE NE NLAA

Leatherback Sea Turtle (Dermochelys coriacea)

E NE NE NE NE

Attwater’s Greater Prairie-Chicken (Tympanuchus cupido attwateri)

E -- -- -- NE

The TX TIG has determined that the proposed projects would have no effect on listed or proposed species for projects that would not occur in a species' occupied habitat (Table 1).

Although the Endangered Species Act does not require Federal agencies to consult with the U.S.

Fish and Wildlife Service (Service) if the action agency determines their action will have “no effect” on threatened or endangered species or designated critical habitat, we appreciate your consideration of the project’s potential for effects to these species and notification of your “no effect” determinations.

Pursuant to 50 CFR 402.12(j), you submitted a biological evaluation form for our review and requested concurrence with the findings presented therein. These findings are summarized below:

Bird Island Cove Habitat Restoration Phase II project is located in West Galveston Bay, at the mouth of Ostermayer Bayou. The proposed project would construct approximately 8,820 LF of riprap breakwaters in eight segments to protect and enhance approximately 170 acres of existing estuarine marsh habitats. The breakwater would include gaps to allow for the ingress and egress of federally managed fisheries and other aquatic organisms. Actions reviewed for this determination include the dredging of a floatation channel, the creation of marsh mounds and the construction of the breakwater. Disturbance or loss of foraging manatee habitat is not anticipated as there is no seagrass in the action area. Beneficial effects may be expected from the restoration of these reef as construction would improve water quality and reduce siltation which will enhance manatee foraging habitat. None the less, potential adverse effects to West Indian manatee would be during construction activities, which may result in increased turbidity and increased noise. The likelihood of a manatee to be in the potential area of effect is low and if present would likely avoid or move away from construction activities. In addition, by implementing the conservation measures proposed in the BE forms to reduce potential effect to manatees, effects are reduced to insignificant and discountable. Potential Whooping crane suitable habitat can be found near the project site, but the likelihood that whooping cranes would use the site is extremely low but could occur from October to April when wintering cranes are present on the Texas coasts, primarily in Aransas, Refugio and Calhoun counties. Although no work will be taking place in potential whopping crane habitat, if a whooping crane does use the area of potential effect, they could be disturbed by these activities however, these effects may be minimized with the implementation of the conservation measures proposed in the BE forms.

Overall, the proposed project is expected to improve and protect whooping crane habitat providing a benefit to the recovery of the species. After reviewing all available information, including project specific conservation measures contained in the BE forms and listed below, the potential for adverse effects to federally listed species present in the potential area of effect are insignificant and discountable. Therefore, we concur with your determination that the proposed project may affect, but is not likely to adversely affect West Indian manatee and the whooping crane.

Follets Island Coastal Management Area (CMA) Habitat Acquisition Phase II project would obtain and conserve up to approximately 350 acres of wetland, coastal, and nearshore habitats on Follets Island, Texas in perpetuity through fee-simple acquisition for inclusion to the existing Follets Island CMA managed by Texas Parks and Wildlife Department (TPWD). A land survey is the only action reviewed for effect because the bollards mentioned on the BE are not part of the Restoration Plan #2; therefore, they were not included in this determination. If the TX TIG decides to install bollards as part of this project, they will have to seek a separate consultation for that action. Impacts from surveying properties can be minimized through conservation measures. In addition, potential effects of surveying the potential area of effect are outweighed by the long-term benefits listed species will have from the conservation of this property, this project removes any potential development in the future. After reviewing all available information, including project specific conservation measures contained in the BE forms and listed below, the potential for adverse effects to federally listed species present at the action site are insignificant and discountable. Therefore, we concur with your determination that the proposed project may affect, but is not likely to adversely affect eastern black rail, piping plover, red knot, whooping crane, green sea turtle, hawksbill sea turtle, Kemp’s Ridley sea turtle and loggerhead sea turtle during land survey activities. Monarch butterflies breed and migrate throughout Texas. During the breeding season, monarchs lay their eggs on obligate milkweed host plants (primarily Asclepias spp.), and larvae emerge after two to five days, feeding on milkweed and sequestering toxic chemicals as a defense against predators. This project will conserve native habitat critical to the recovery of the monarch butterfly and therefore this project will not jeopardize the monarch butterfly population.

Galveston Island Habitat Acquisition project proposes to acquire and conserve 142 acres of barrier island habitat on Galveston Island, Texas, in perpetuity through a conservation easement and transfer ownership to a nonprofit organization Artist Boat. Actions reviewed for this determination include land surveys needed to develop the Phase I Environmental Site Assessment audit. Impacts form surveying the property can be minimized through conservation measures. In addition, potential effects of surveying the potential area of effect are outweighed by the long-term benefits listed species will have from the conservation of this property, this project removes any potential development in the future. After reviewing all available information, including project specific conservation measures contained in the BE forms and listed below, the potential for adverse effects to federally listed species present at the action site are insignificant and discountable. Therefore, we concur with your determination that the proposed project may affect, but is not likely to adversely affect eastern black rail, piping plover, red knot, and whooping crane. Monarch butterflies breed and migrate throughout Texas. During the breeding season, monarchs lay their eggs on obligate milkweed host plants (primarily Asclepias spp.), and larvae emerge after two to five days, feeding on milkweed and sequestering toxic chemicals as a defense against predators. This project will conserve native habitat critical to the recovery of the monarch butterfly and therefore this project will not jeopardize the monarch butterfly population.

Jones Bay Oystercatcher Habitat Restoration project proposed to restore up to 5 nesting islands and 6 intertidal reef sites located in Jones Bay, Galveston County, Texas. Approved cultch material would be placed on the remnant nesting island to increase the elevations to exceed mean high water. A breakwater may be installed to minimize erosion from vessels wakes associated with the Gulf Intracoastal Waterway. Foraging habitat primarily for nesting oystercatchers and their young will be created around each restored nesting island by placing approved cultch material over geotextile fabric to create an intertidal reef.