RFP_6300_EAB3010_PAC1_v3.pdf

Solicitation

COVER SHEET V1.2

RFP 6300 EAB3010

(061720) RFP 6300 EAB3010

Revised 10/26/2023

IDENTIFICATION

Number RFP 6300 EAB3010 Title Floodplain Reforestation Program

Summary

Austin Watershed Protection seeks to establish a contract to provide reforestation services for floodplain and Critical Water Quality Zone on publicly managed land.

These services will support the restoration, enhancement, and resiliency of our local water resources.

Type Request for Proposals (RFP) Version (Addenda) 1.2

AUTHORIZED CONTACT PERSONS

Primary Eric Banda, Procurement Specialist III; (512) 974-2057; eric.banda@austintexas.gov

Secondary Harley Wilson, Procurement Specialist II; (512) 974-2922;

Harley.wilson@austintexas.gov

Subcontract or Questions

Austin Small Minority Business Resources; (512) 974-7600;

SMBRComplianceDocuments@austintexas.gov

Notes See Solicitation Instructions, 3.1 Authorized Contact Persons.

IMPORTANT DATES

OFFERS DUE:

Date and Time April 14, 2026, 2:00 PM

Notes See Solicitation Instructions, 5 Offer Submission.

OFFER OPENING:

Date and Time April 14, 2026, 3:00 PM

Notes See Solicitation Instructions, 5 Offer Submission.

QUESTIONS DUE:

Date and Time March 31, 2026, 2:00 PM

Submission Method Email Only

CITY OF AUSTIN Solicitation Cover Sheet RFP 6300 EAB3010

(061720) RFP 6300 EAB3010

Revised 10/26/2023

Notes See Solicitation Instructions, 3.2 Questions.

PRE-OFFER CONFERENCE:

Conference (Yes/No) No

Mandatory (Yes/No) N/A

Date and Time N/A

Location N/A

Notes N/A

PUBLISHED:

Date March 9, 2026 Available Online https://www.austintexas.gov/page/solicitations

Available Hardcopy

Austin Financial Services-Central Procurement, 505 Barton Springs Road, Ste 330, Austin, TX 78704

SOLICITATION DOCUMENTS

Document name Pages Date Solicitation Packet – RFP 6300 EAB3010 Includes the following: April 07, 2026

Solicitation Cover Sheet V1.2 2 April 07, 2026 Solicitation Instructions 11 March 9, 2026

Terms and Conditions 23 March 9, 2026 Scope of Work 6 March 9, 2026

Pricing Submittal – RFP 6300 EAB3010 – Complete and return V1 1 March 26, 2026 Offer and Certifications – RFP 6300 EAB3010 – Complete and return 16 March 9, 2026

Addendum No.1 – Complete and return 1 March 26, 2026 Addendum No.2 – Complete and return 1 April 07, 2026

NIGP CODES

COMMODITY CODES:

Code Description 95825 Conservation/Resource Management Services

INSTRUCTIONS RFP 6300 EAB3010

Solicitation Instructions Page 1

Revised 04/30/2025

1 REQUEST FOR PROPOSALS

1.1 Invitation. The City of Austin invites all Responsible Offerors to submit Proposals to provide the goods and/or services described in this Solicitation.

1.2 Documents. This Request for Proposals (“RFP” or “Solicitation”) is composed of all documents listed in the Attachments section of the Solicitation Cover Sheet.

1.3 Process. The process described in this RFP is the Competitive Sealed Proposals process. This process is procedurally compliant with the competitive proposal processes prescribed by Texas Local Government Code Ch. 252 and Ch. 271.

1.4 Changes. The City may change or revise any of the contents of this Solicitation through the issuance of a written Addendum. Any Addenda issued will be added to the Attachments section of the Solicitation Cover Sheet. The Version number displayed in the Solicitation Cover Sheet will indicate the number of Addenda issued. Any explanation, clarification, interpretation or change to the Solicitation made in any other manner is not binding upon the City, and Offerors shall not rely upon such explanation, clarification, interpretation, or change. Oral explanations or instructions given before the award of the Contract are not binding.

1.5 Review of Documents. Offerors shall review the entire Solicitation, as revised. Offerors shall notify the Authorized Contact Person(s) listed on the Solicitation Cover Sheet in writing of any omissions, ambiguities, inconsistencies or errors in the Solicitation prior to the Offer Due Date and Time displayed in the Important Dates section of the Solicitation Cover Sheet. Offerors shall also notify the City of any Solicitation contents the Offeror believes may be unreasonably restrictive.

1.6 Cancellation. The City reserves the right to cancel this Solicitation at any time for any reason and to resolicit the goods and services included in this Solicitation.

2 PUBLICATION AND NOTICES

2.1 Publication. This Solicitation was published on the City’s financial services website, Austin Finance Online, as of the Published date displayed in the Solicitation Cover Sheet section.

2.2 Email Notices. On the Solicitation’s Published date, email notices regarding this Solicitation were issued to all vendors registered in Austin Finance Online, that had previously selected the NIGP Codes displayed in the Solicitation Cover Sheet section. All subsequent email notices regarding this Solicitation will be limited to those vendors or other persons that subscribe to this Solicitation in Austin Finance Online.

2.3 Newspaper Notices. If applicable, one or more notices of this Solicitation were published in the newspaper as required by statute.

2.4 Third-Party Notices. Austin Finance Online is the only source of official notices regarding this Solicitation.

Prospective Offerors shall not rely on any notices concerning this Solicitation received from sources other than Austin Finance Online.

3 COMMUNICATIONS AND MEETINGS

3.1 Authorized Contact Persons. The names and contact information for the authorized contact persons for this Solicitation are displayed in the Solicitation Cover Sheet. Offerors needing assistance contacting an Authorized Contact Person regarding this Solicitation may also contact the Financial Services Department- Central

CITY OF

AUSTIN

Solicitation Instructions Page 2

Revised 04/30/2025

Procurement’s main line at (512) 974-2500 and request assistance from any member of the Financial Services Department- Central Procurement’s management team. Offerors may direct specific questions concerning subcontractors and responding to the Minority-owned Business Enterprise and Women-owned Business Enterprise Procurement Program requirements to the SMBR contact, also listed on the Solicitation Cover Sheet.

3.2 Questions. Offerors shall submit any questions concerning this Solicitation in writing via e-mail to the Authorized Contact Persons displayed on the Solicitation Cover Sheet. The City will respond to all questions received by the Questions Due Date and Time displayed on the Solicitation Cover Sheet. The City will publish one or more Addenda displaying all timely received questions and the City’s responses to each for any information not already contained in the solicitation.

3.3 Vendor Help Desk. For general questions concerning the City’s online financial services system, Austin Finance Online, Vendor Connection (“Vendor Connection”), Offerors may contact the Vendor Help Desk at (512) 974- 2018. Assistance from the Vendor Help Desk is limited to navigating and using Vendor Connection only. The Vendor Help Desk will not respond to any questions concerning a specific Solicitation.

3.4 Pre-Offer Conferences. The City may hold one or more pre-offer conferences to review the Solicitation and to receive verbal questions. The Solicitation Cover Sheet will display if a Pre-Offer Conference is being held and if attendance at this meeting is mandatory. If a Pre-Offer Conference is planned, the date, location, time, and any other necessary information regarding this meeting will also be displayed in the Solicitation Cover Sheet.

Attendance at any Pre-Offer Conference will be recorded and will be included in an Addendum published following the meeting. As the Solicitation is subject to changes (See Solicitation Instruction, 1.4 Changes.)

Offerors shall not rely on verbal exchanges that may occur at a Pre-Offer Conference. Offerors shall continue to submit all questions in writing. (See Solicitation Instructions, 3.2 Questions.)

3.5 Site Visits. The City may hold one or more site visits to allow prospective Offerors to inspect the location(s) where work under any resulting contract will be performed and to receive verbal questions. The Solicitation Cover Sheet will display if a Site Visit is being held and if attendance at this meeting is mandatory. If a Site Visit is planned, the date, location, time, and any other necessary information regarding this meeting will also be displayed in the Solicitation Cover Sheet. Attendance at any Site Visit will be recorded and will be included in an Addendum published following the meeting. As the Solicitation is subject to changes (See Solicitation Instruction, 1.4 Changes.) Offerors shall not rely on verbal exchanges that may occur at a Pre-Offer Conference.

Offerors shall continue to submit all questions in writing. (See Solicitation Instructions, 3.2 Questions.)

3.6 No-Lobbying. In accordance with Austin City Code, sec. 2-7-101, et. seq., Austin City Ordinance no. 20180614- 056, and applicable Administrative Rules, this Solicitation is subject to certain limits on communication by Offerors and their agents. The No-Lobbying period for this Solicitation starts on the Published Date displayed on the Solicitation Cover Page and continues through the earliest of the following: (i) the Solicitation is cancelled,

(ii) the last of any resulting contract(s) are executed, or (iii) 60-days following Council authorization of the last contract resulting from this Solicitation. The No-Lobbying Period continues throughout the completion of the solicitation process. During the No-Lobbying Period, Offerors, Respondents and/or their Agents shall not make any prohibited communications to City Officials or City employees other than the Authorized Contact Persons.

Respondents include both prospective and actual Offerors.

4 OFFER PREPARATION

4.1 Offer Submittals. Offerors intending to respond to this Solicitation shall download and complete each of the Submittal documents listed in the Solicitation Cover Sheet. Submittal documents will include additional Solicitation instructions specific to its contents. Offerors will complete each Submittal in accordance with the instructions in the submittal. At a minimum, submittals will include a Price Offer, a Technical Offer, and an Offer and Certifications submittal.

Solicitation Instructions Page 3

4.2 Alternate Offers. Unless excluded elsewhere in the Solicitation, Offerors may submit alternative Offers, in addition to their primary Offer. Offerors seeking to submit an alternative Offer may include with their completed Submittals, any alternative Submittals as applicable.

4.3 Exceptions. Offerors shall indicate if they take exception to any portions of the Solicitation in their Proposal.

Any exceptions included in the Proposal may negatively impact the City’s evaluation of the Proposal or may cause the City to reject the Proposal entirely.

4.4 Offer Acceptance Period. All Offers are valid for a period of one hundred and eighty (180) calendar days subsequent to the RFP closing date unless a longer acceptance period is offered in the proposal.

4.5 Proprietary and Confidential Information. All Offers received and opened by the City are subject to the Texas Government Code, Ch. 552, and will be made available to the public. Offerors seeking to keep any portions of their Offer confidential shall mark each such portion as “Proprietary.” The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The City may request a review and determination from the Attorney General’s Office of the State of Texas, of any Proposal contents marked as “Proprietary.” A copyright notice or symbol is insufficient to identify proprietary or confidential information.

4.6 Cost of Offer Preparation and Participation. Offerors are responsible for all costs related to the preparation of their Offer and incurred while participating in this Solicitation process.

4.7 Minority and Women Owned Business Enterprise (MBE/WBE) Procurement Program. If the solicitation includes an MBE/WBE Program Compliance Plan or Offeror intends to subcontract, the Offeror shall comply with the provisions of Chapters 2-9A and B, of the Austin City Code and the terms of the Compliance Plan or Subcontractor Utilization Plan as approved by the City (the “Plan”).

4.8 Living Wage. The City requires Contractors submitting Offers on this Contract to provide a certification (see the Living Wages Contractor Certification included in the Solicitation) with their Offer certifying that all Contractor Employees (and all tiers of Subcontracting) directly assigned to this City Contract will be paid a minimum living wage equal to or greater to the amount Living Wage Certification. The Living Wage Certification shall include a list of all Contractor Employees (and all tiers of Subcontracting) directly assigned to providing services under the resultant contract including their name and job title. The list shall be updated and provided to the City as necessary throughout the term of the Contract.

4.9 Wage Theft. This Solicitation is subject to City Code, Chapter 4-22 Wage Theft (Ordinance No. 20221201-031 | Code of Ordinances | Austin, TX | Municode Library). In accordance with City Code, Ch. 4-22, any Employer that submits an Offer to the City is required to provide certification (see the Employer Certification Wage Theft Ordinance – Responsibility Criteria included in this the Solicitation) that they have not been adjudicated for Wage Theft related incidents within five (5) years prior to the date set forth within the Employer Certification Wage Theft Ordinance – Responsibility Criteria. Additionally, City Code, Ch. 4-22 Wage Theft, requires all Employers to complete a training program designed by the Wage Theft Coordinator on federal and state wage laws and the provisions of City Code, Ch. 4-22 Wage Theft. All Employers must complete the City of Austin Wage Theft Training within 30 days of being awarded a contract with the City. Contact the Wage Compliance Training to register for training or additional information at wagetheft@austintexas.gov.

4.10 Pricing Requirements – Non-Specified Items.

4.10.1 The City may purchase additional related items that are available from the Contractor in various quantities. Pricing for these non-specified items will be calculated based on a percentage markup over Contractor’s cost as identified in the Price Sheet under the Non-Specified Parts Section.

4.10.2 Offeror shall bid a percentage markup to their cost.

Solicitation Instructions Page 4

4.10.2.1 The percentage markup shall be fixed throughout the term of the Contract and are not subject to increase. They shall also remain firm through subsequent renewal periods if the City and the Contractor choose to renew the Contract.

4.10.2.2 The Offeror may offer a different percentage discount or markup amount per manufacturer for any Non-Specified Part; however, parts within each manufacturer’s product line shall be priced by taking the stated list price and applying that percentage discount or markup.

4.11 Recycled Products.

4.11.1 The City prefers that Offerors offer products that contain recycled materials. When a recycled product is offered by the Offeror, the Offeror must state in their Offer the percentage of the product that is recycled and must include a list of the recycled materials that are contained in the product.

4.11.2 The recycled content of paper products offered to the City shall be in accordance with the Federal Environmental Protection Agency’s Recycled Product Procurement Guidelines. These guidelines are available at http://www.epa.gov/cpg/.

4.11.3 Contract award for paper products will be made for recycled products unless the cost is more than 10% above the lowest price for non-recycled paper products as required in the City’s Comprehensive Recycling Resolution.

4.12 Published Price Lists.

4.12.1 Offerors may quote using published price lists in the following ways:

4.12.1.1 Offerors may quote one discount from a Published Price List for all offered items to be covered in the Contract. The discount must remain firm during the life of the Contract.

4.12.1.2 Offerors may quote their dealer cost, plus a percentage markup to be added to the cost. The percentage markup must remain firm during the life of the contract.

4.12.2 Two (2) copies of the list upon which the discounts or markups are based shall be submitted with the Offer. All price lists identified in the Offer shall clearly include the Offeror’s name and address, the solicitation number, prices, title of the discount and number, and the latest effective date of the price list. If the Offer is based on a discount or markup on a manufacturer’s price list, the price list must also include the manufacturer’s name, the manufacturer’s latest effective date, and the manufacturer’s price schedule. All price lists submitted become part of the Offer.

4.12.3 The price list may be superseded or replaced during the Contract term only if price revisions are the result of the manufacturer’s official price list revision. Written notification from the Contractor of price changes, along with two (2) copies of the revised list must be submitted to the Buyer in the Financial Services Department - Central Procurement with the effective date of change to be at least 30 calendar days after written notification. The City reserves the right to refuse any list revision.

4.12.4 The discounts or markups on equipment rental, material, supplies, parts, and contract services shall be fixed throughout the term of the Contract and are not subject to increase.

4.12.5 Failure to submit written notification of price list revisions will result in the rejection of new prices being invoiced. The City will only pay invoices according to the last approved price list.

5 OFFER SUBMISSION

5.1 Electronic Offers. All Offers in response to this solicitation shall be submitted electronically (electronic documents) to the City of Austin using the Solicitation’s eResponse function, available through the City’s online

Solicitation Instructions Page 5 financial system, Austin Finance Online. To submit Electronic Offers using the eResponse function, Offeror’s must first be registered as a vendor with the City of Austin in Austin Finance Online. See Instructions, Submitting Offers in Austin Finance Online. For any questions or problems concerning eResponse, please contact vendor@austintexas.gov and copy the Procurement Specialist listed on the Cover Sheet. For immediate attention, call 512-974-2467.

5.2 Due Date and Time for Electronic Offers. Electronic Offers in response to this Solicitation shall be submitted via eResponse by the Offer Due Date and Time displayed in the Important Dates section of the Solicitation Cover Sheet. The system time within Austin Finance Online shall be the official time of record for Electronic Offers.

5.3 Withdrawing Electronic Offers. Electronic Offers submitted online in response to this Solicitation may be withdrawn, revised, and resubmitted using the eResponse function any time prior to the Solicitation’s Due Date and Time. Withdrawn Electronic Offers may be resubmitted, with or without modifications, up to the Solicitation’s Due Date and Time.

5.4 Late Electronic Offers. The Solicitation’s eResponse function in Austin Finance Online will not allow Electronic Offers to be submitted past the Solicitation’s Due Date and Time.

5.5 Opening Electronic Offers. The information regarding Electronic Offers will become available on or shortly after the Offer Opening Date and Time stated on the Solicitation’s Cover Sheet. When Electronic Offers are opened, the names of each Offeror would be displayed within the Solicitation’s eResponse section. For Solicitations conducted via Competitive Sealed Bidding, the Price Offer for each Offeror will also be displayed in the eResponse section.

6 OFFER EVALUATION

6.1 Bases of Competition. The City may compare Offers based on groups or categories and will choose the basis or bases of competition that best meets the City’s needs for the resulting contracts. The basis or bases of competition for each RFP will be described in section 11, Evaluation of Offers below.

6.2 Minimum Responsiveness. Proposals are Minimally Responsive when they include all of the Submittals listed in this Solicitation, completed and with sufficient detail in each to evaluate the Proposal in accordance with the Solicitation’s Instructions. Proposals that are not Minimally Responsive may be deemed non-responsive and rejected.

6.3 Responsibility. An Offeror is responsible if they have the financial and practical ability, resources, expertise, past performance, and positive compliance history with all City ordinances. An Offer may be rejected if an Offeror is determined to not be responsible.

6.4 Clarifications. Any time after the opening of Proposals, the City may contact Offerors to ask questions about their Proposal’s contents in order to better understand these contents as-written. Responses to clarification questions, whether done verbally or submitted in writing, do not change the Proposal’s contents. Clarifications are not to be confused with Discussions as described herein.

6.5 Evaluation. Proposals that are Minimally Responsive will be evaluated based on the Evaluation Factors listed in Section 11.1 of the Solicitation Instructions. Evaluation Factors correspond to their specified Submittals and shall indicate their respective weighting next to each. Proposal submittals not identified as Evaluation Factors will be evaluated on a pass / fail basis in accordance with the Solicitation’s Instructions and any further instructions within each Solicitation. Although minimum responses are required in all Submittals, the Submittals identified as Evaluation Factors will be used to differentiate the Proposals and to identify which Proposal(s) represent the Best Value to the City. The City’s evaluation may be made without Clarifications or Discussions with Offerors. Proposals should, therefore, include the Offeror’s most favorable terms.

Solicitation Instructions Page 6

6.6 Discussions and Proposal Revisions. After completing initial evaluations, the City may enter into discussions (communications which may include negotiations and feedback about the Proposal submitted) with one or more Offerors submitting the highest rated Proposal(s). Following the completion of Discussions, the City may request Proposal revisions from these Offerors. The City may seek multiple rounds of Discussions and Proposal revisions as deemed necessary by the City. The City may revise its initial evaluations depending on the contents of any Proposal revisions received following these Discussions.

6.7 Interviews/Presentations. The City may require that one or more Offeror submitting the highest rated Proposals participate in interviews and/or presentations.

7 CONTRACT AWARD AND EXECUTION

7.1 Award Determination. City staff will recommend Contract award to the Offeror(s) submitting the highest rated Proposal(s) based on the Evaluation Factors set forth in this Solicitation. The Award Determination will be published to Austin Finance Online and notice will be sent to all Offerors subscribed to the Solicitation.

7.2 Multiple Awards. If the City determines that multiple contracts are needed, the City will award one or more additional contracts to the Offeror(s) submitting the next highest rated Proposal(s).

7.3 Contract Execution. Contracts within the City Manager’s authority will be awarded and executed simultaneously. Contracts above the City Manager’s authority will be executed following their authorization by the Austin City Council.

8 ADMINISTRATIVE MATTERS

8.1 Solicitation File. All documents included in this Solicitation, and all timely received Offers in response to this Solicitation, except for Offer contents deemed by Offerors to be proprietary and confidential, will be available for public inspections upon the execution of the contract.

8.2 Debriefings. Offerors may request a debriefing meeting to ask any questions concerning the Solicitation’s contents, process, or the evaluation of their Offer. Debriefing meetings are informal exchanges and may be requested anytime following the earlier of (i) after the contract resulting from this Solicitation is executed, or in the case of multiple awards, the last contract is executed; (ii) the date the Solicitation is cancelled. Debriefings are not public called meetings in accordance with the Texas Open Meetings Act and are usually limited to a single Offeror and any of their representatives. Only information regarding the Solicitation documents and the Offeror’s Offer (including City’s evaluation of the Offer) in response to the Solicitation will be discussed.

8.3 Reservations. The City reserves the right to: (i) specify approximate quantities in the Solicitation; (ii) extend the Solicitation due date and time; (iii) add additional terms or modify existing terms in the Solicitation; (iv) reject an Offer containing exceptions, additions, qualifications or conditions not called for in the Solicitation; (v) reject an Offer received from an Offeror who is currently debarred or suspended by the City, State, or Federal Government; (vi) reject an Offer that contains fraudulent information; (vii) reject an Offer that has material omissions; (viii) reject any or all Offers; (ix) procure any goods or services included in this Solicitation by other means; (x) consider and accept alternate Offers, if specified in the Solicitation, when most advantageous to the City; (xi) reject an Offer if prices in the Offer are unbalanced (some prices are significantly high and other prices are significantly low) and/or (xii) waive any minor informality in any Offer or procedure so long as the deviation does not affect the competitiveness of the Solicitation process.

8.4 Protests. The Financial Services Department - Central Procurement has the authority to settle or resolve any claim of an alleged deficiency or protest. The procedures for notifying the City of Austin of an alleged deficiency or filing a protest are listed below. If you fail to comply with any of these requirements, the Financial Services Department - Central Procurement may dismiss your complaint or protest.

Solicitation Instructions Page 7

8.4.1 Protest regarding the Solicitation (Pre-Submittal Protest). Any protest regarding the Solicitation by the City shall be filed no later than five (5) business days prior to the due date and time for proposals. Any protest filed after that date which raises issues regarding the Solicitation will not be considered.

8.4.2 Protests regarding the evaluation of Proposals. Any protest regarding the evaluation of Proposals by the City shall be filed with the City no later than five (5) business days after the notification of award recommendation is posted on Austin Finance Online, or notification that the protestor’s status as a Offeror has changed, such as notification that an Offer has been found to be non-responsive or an Offeror has been found to be non-responsible. Any protest filed after such date which raises issues regarding the evaluation will not be considered. Offerors may only protest the evaluation of their Proposal.

8.4.3 Protest Regarding Award of Contract (Post-Award Protest). Any protest regarding the award of the contract shall be filed no later than ten (10) business days after the date of award. Any protest regarding the award of the contract filed after such date will not be considered.

8.4.4 You shall submit your protest in writing, and it shall include the following information: (i) your name, address, telephone, and email address; (ii) the Solicitation number; (iii) the specific facts and/or law upon which the protest of the Solicitation or the award is based, including all pertinent documents and evidence thereto; and (iv) the form of relief requested.

8.4.5 Your protest shall be concise and presented logically and factually to help with the City’s review.

8.4.6 When the City receives a timely written protest, the Financial Services Department - Central Procurement will determine whether the grounds for your protest are sufficient. If the Financial Services Department

- Central Procurement decides that the grounds are sufficient, the Financial Services Department - Central Procurement will schedule a protest hearing, usually within five (5) business days. If the Financial Services Department - Central Procurement determines that your grounds are insufficient, the City will notify you of that decision in writing.

8.4.7 The protest hearing is informal and is not subject to the Open Meetings Act. The purpose of the hearing is to give you a chance to present your case, it is not an adversarial proceeding. Those who may attend from the City are: representatives from the department that requested the purchase, the Department of Law, the Financial Services Department- Central Procurement, and other appropriate City staff. You may bring a representative or anyone else that will present information to support the factual grounds for your protest with you to the hearing.

8.4.8 A decision will usually be made within fifteen (15) calendar days after the hearing.

8.4.9 The City will send you a copy of the hearing decision after the appropriate City staff has reviewed the decision.

8.4.10 When a protest is filed, the City usually will not make an award until a decision on the protest is made.

However, the City will not delay an award if the City Manager or the Financial Services Department - Central Procurement determines that the City urgently requires the supplies or Services to be purchased, or failure to make an award promptly will unduly delay delivery or performance. In those instances, the City will notify you and make every effort to resolve your protest before the award.

8.5 Interested Parties Disclosure. As a condition to entering the Contract, the Business Entity constituting the Offeror must provide the following disclosure of Interested Parties to the City prior to the award of a contract with the City on Form 1295 “Certificate of Interested Parties” as prescribed by the Texas Ethics Commission for any contract award requiring council authorization. The Certificate of Interested Parties Form must be completed on the Texas Ethics Commission website, printed, and signed by the authorized agent of the Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury. The City will

Solicitation Instructions Page 8 submit the “Certificate of Interested Parties” to the Texas Ethics Commission within 30 days of receipt from the successful Offeror. The Offeror is reminded that the provisions of Local Government Code 176, regarding conflicts of interest between the Offerors and local officials remain in place. Link to Texas Ethics Commission Form 1295 process and procedures below: https://ethics.state.tx.us/filinginfo/1295/.

9 DEFINITIONS. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract.

“Addendum” means a written instrument issued by the Contract Awarding Authority that modifies or clarifies the Solicitation prior to the Due Date. “Addenda” is the plural form of the word.

“Best Offer” means the best evaluated Offer in response to a Request for Proposals or Request for Qualifications/Statements.

“Best Offeror” means the Offeror submitting the Best Offer.

“City” means the City of Austin, a Texas home-rule municipal corporation.

“Offer” means a complete signed response to a Solicitation including, but not limited to, a Request for Proposals.

“Offeror” means a person, firm, or entity that submits an Offer in response to this Solicitation. Any Offeror may be represented by an agent after submitting evidence demonstrating the agent’s authority. The agent cannot certify as to his own agency status.

“Proposal” means a complete, properly signed Offer to a Request for Proposals.

“Financial Services Department - Central Procurement” refers to the line of business within the City of Austin’s Financial Services Department, responsible for the City’s procurement business function.

“Chief Procurement Officer” means the officer of the Financial Services Department – Central Procurement and the principal recipient of procurement authority from the City Manager.

“Request for Proposals” means all documents utilized for soliciting Proposals.

“Responsible Offeror” means the financial and practical ability of the Offeror to perform the Contract and takes into consideration resources, expertise, and past performance of the Offeror as well as compliance with all City ordinances concerning the purchasing process.

“Responsive” means meeting all the requirements of a Solicitation.

“Solicitation” means this Request for Proposals or RFP.

“Wage Theft” means any action by an employer that secures performance of a service by agreeing to provide compensation for the service and, after the service is rendered, fails to make full payment.

10 PROPOSAL SUBMITTALS.

10.1 Executive Summary. Provide a brief Executive Summary that summarizes your RFP response and confirms you will comply with the requirements, provisions, terms, and conditions specified in this solicitation. The Executive Summary should be in the form of a standard business letter on official business letterhead and signed by an authorized representative of Offeror. Include the complete name and address of your firm, telephone number, and email address of the person the City of Austin should contact regarding your firm’s response and who is authorized to negotiate Contract terms and render binding decisions on Contract matters. The Executive Summary should also incorporate the following:

10.1.1 Include a high-level summary of the most important aspects of your proposal.

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10.2 Experience & Personnel Qualifications. Offerors must provide written documentation verifying that the Offeror has a minimum of five years of experience successfully performing similar services. The Offeror, in order to demonstrate expertise, abilities, and compliance in the minimum qualifications, shall provide a descriptive letter, outline, summary, or synopsis outlining relevant experience. Only experience directly relevant to restoration, reforestation, floodplain, or riparian environmental projects will be evaluated. Experience shall clearly identify the role of proposed key personnel on each referenced project. The Offeror shall:

10.2.1 Demonstrate experience procuring, producing, or managing high-quality native woody planting stock appropriate for floodplain or riparian environments.

10.2.2 Describe experience performing similar services for municipalities, counties, or other public entities.

10.2.3 Provide a profile of organization: The profile shall:

10.2.3.1 Provide a general explanation and chart which specifies project leadership and reporting responsibilities.

10.2.3.2 Identify the proposed Project Manager and key technical personnel assigned to this Contract.

10.2.3.3 Include professional resumes of each key member of the project team.

10.2.3.4 Identify any subcontractors and describe their proposed role in performance of the Contract.

10.2.3.5 A brief reference list of at least two municipalities, counties, or other public entities served by the organization including a brief summary scope and budget of the service provided. Each reference shall include project acreage, type of restoration activity performed, contract value, and year completed.

10.2.3.6 Include any additional information directly relevant to the evaluation criteria listed in Section 11.

10.3 Reforestation Program Concept and Approach. Program concept and program approach in response to the Scope of Work are thorough and complete. At a minimum, this shall include:

10.3.1 Provide all details including methods and procedures for the Program as required in the Scope of Work. Confirm your organizational capacity to reforest a minimum of 10 acres of floodplain per year, and any additional information.

10.3.2 Provide a description of your methods for procuring highly diverse, native species stock.

10.3.3 Include strategies to expand the impact of the program beyond the city funding.

10.3.4 Describe strategic partnerships and alliances that support program goals and integrate diverse groups.

10.3.5 Explain how the proposed team structure will support execution of the Program.

10.3.6 Include a proposed Success Evaluation Plan (as defined in the Scope of Work) which reflects how the Offeror plans to evaluate the success in meeting the goals of each Program the Offeror proposes on;

10.3.7 Demonstrate the ability of the organization to provide necessary equipment and materials; and

10.3.8 Include a discussion of any substantive or innovative ideas used in any other similar projects, which may be applicable to this project.

Solicitation Instructions Page 10

10.3.9 Include a statement of your compliance with all applicable rules and regulations of federal, state, and local governing entities. The Offeror must state compliance with terms of this RFP.

10.4 Outreach, Engagement, and Reporting Approach.

10.4.1 Include a sample template of the workplan and a sample template for annual reporting proposed for the Contract work.

10.4.2 Describe any creative methods and activities proposed to promote awareness and action, grow the program beyond the scope of allocated city funding, and ensure long term continuity and sustainability of the program. Include proposed metrics to assess the success of the growth plan.

Indicate a proposed target for supplemental funding or supplemental contract services your firm intends to provide.

10.4.3 Provide sample work products for outreach and marketing efforts from prior similar projects. If available, include samples of bilingual (English and Spanish) outreach materials.

10.4.4 Demonstrate experience with outreach, specifically to the community of Austin.

10.4.5 Provide examples of experience with outreach related to sustainability or environmental stewardship efforts.

10.4.6 Document experience working with Austin, community, non-profits, and environmentally focused organizations.

10.5 Price Proposal. Whichever Offeror offers the City the most competitive price will be awarded the maximum amount of points. Remaining points will be distributed on a pro-rated basis. The Price Proposal shall be provided in accordance with the Pricing Proposal excel sheet. The price quoted shall be a “not to exceed price”. The City suggests approximately 75% of the contract amount to be allocated towards reforestation and seed bank activities (price sheet items 1.2, 1.3, and 1.4). This includes those in the growth plan, seed collection, planting stock procurement, planting and seed implementation, site evaluations and preparation, and others clearly linked to the successful execution of the reforestation.

10.6 Local Business Preference – Optional. The City of Austin seeks to promote additional opportunities for Local Businesses to participate under City contracts. Local Businesses responding to this Solicitation may be eligible to receive preference as described in the Local Business Preference Form, included with this Solicitation (see Offer and Certification Form). To receive this preference, Offerors must complete the form and include the completed form with their Offer.

Note: Local Business Preference may not be allowable, and will not be provided, in solicitations subject to federal funding.

10.7 Small Business Preference – Optional. The City of Austin seeks to promote additional opportunities for Small Businesses to participate under City contracts. Small Businesses responding to this Solicitation may be eligible to receive preference as described in the Small Business Preference Form, included with this Solicitation. To receive this preference, Offerors must complete the form and include the completed form with their Offer.

10.8 Local and Small Businesses Points. Proposals from Local Business and Small Businesses will be assigned points based on the following.

Total Proposal Value (Aggregate) Local Points Small Points

$50,000 to $499,999 10 10

Solicitation Instructions Page 11

$500,000 to $50 million 6 6

Above $50 million 0 0

11 EVALUATION OF OFFERS

11.1 Evaluation Criteria

Interviews and/or presentations, Optional. The City will score proposals on the basis or bases of the criteria listed above. The City may select a “short list” of Offerors based on those scores. “Short-listed” Offerors may be invited for presentations, demonstrations, or discussions with the City. The City reserves the right to re-score “short-listed” proposals as a result, and to make award recommendations on that basis or bases.

RFP Evaluation Factors Maximum Points Experience and Personnel Qualifications 20 Reforestation Program Concept and Approach 30 Outreach, Engagement, and Reporting Approach 15 Price 15 Local Business Preference Up to 10 Small Business Preference Up to 10 Total Up to 100

CITY OF AUSTIN

STANDARD TERMS AND CONDITIONS

Standard Terms & Conditions 1 Rev. 09-01-2025

The Contractor agrees that the Contract shall be governed by the following terms and conditions.

1 GENERAL

1.1 TERM OF CONTRACT:

A. The Contract shall commence upon execution unless otherwise specified and shall continue in effect until all obligations are performed in accordance with the Contract. Upon written notice to the Contractor from the City’s Chief Procurement Officer or designee, unless specified otherwise in the Scope of Work, the Contract may be extended beyond the initial term at the City’s sole option unless the Contractor is notified 30 days prior to the expiration. If the City exercises any extension option, all terms, conditions, and provisions of the Contract shall remain in effect for that extension period, subject only to any economic price adjustment otherwise allowed under the Contract.

B. Upon expiration of the initial term or any period of extension, the Contractor agrees to holdover under the terms and conditions of this Contract for such a period as is reasonably necessary for the City to re-solicit and/or complete the Deliverables due under this Contract. Any holdover period will not exceed 180 calendar days unless mutually agreed on by both parties in writing.

1.2 INDEFINITE QUANTITY:

The quantities and/or services listed herein are estimates of the goods and services needed by the City for the period of the Contract. The City reserves the right to purchase more or less of these quantities and/or services as may be required during the Contract term. Quantities and/or services will be as needed and specified by the City for each order. Unless specified in the Contract, there are no minimum order quantities.

1.3 INVOICES:

A. The Contractor shall submit separate Invoices for each Order after each delivery or on the schedule provided in the Contract. If partial shipments or deliveries are authorized by the City, a separate Invoice must be sent for each shipment or delivery made.

B. Invoices shall be sent to the address on the Purchase Order or Delivery Order in the section entitled, “BILL TO”. Proper Invoices must include a unique Invoice number, the purchase Order or delivery Order number, the master agreement number (if applicable), the Department’s Name, and the name of the point of contact for the Department. Invoices shall be itemized according to pricing structure in the Contract. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the Invoice. The Contractor’s name and, if applicable, the tax identification number on the Invoice must exactly match the information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor’s Invoice. Invoices received without all required information cannot be processed and will be returned to the vendor.

C. Invoices for labor shall include a tabulation of work-hours at the appropriate rates and grouped by work Order number. Time billed for labor shall be limited to hours actually worked.

D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontracting and other authorized expenses at actual cost without markup.

E. Federal excise taxes, State taxes, or City sales taxes must not be included in the Invoiced amount.

The City will furnish a tax exemption certificate upon request.

Standard Terms & Conditions 2 Rev. 09-01-2025

1.4 PAYMENT:

A. All proper Invoices received by the City will be paid within 30 calendar days of the City’s receipt of the Deliverables or of the Invoice, whichever is later.

B. If payment is not timely made, (per Paragraph A), interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code §2251.025 or the maximum lawful rate;

except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until 10 calendar days after the grounds for withholding payment have been resolved.

C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the Invoice matches the shipment or delivery.

D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of:

i. Delivery of defective or non-conforming Deliverables by the Contractor;

ii. Third party claims, which are not covered by the insurance which the Contractor is required to provide under the terms of this Contract, are filed or there is reasonable evidence indicating probable filing of such claims;

iii. Failure of the Contractor to pay Subcontractors, or for labor, materials or equipment;

iv. Damage to the property of the City or the City’s agents, employees or Contractors, which is not covered by insurance required to be provided by the Contractor;

v. Reasonable evidence demonstrates that the Contractor’s obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;

vi. Failure of the Contractor to submit proper Invoices with all required attachments and supporting documentation; or

vii. Failure of the Contractor to comply with any material provision of the Contract Documents.

E. Notice is hereby given of Article VIII, §1 of the Austin City Charter which prohibits the payment of any money to any person, firm or corporation who is in arrears to the City for taxes, and of §2-8-3 of the Austin City Code concerning the right of the City to offset indebtedness owed the City.

F. The Contractor agrees to accept payment by either credit card, check or Electronic Funds Transfer for all goods and/or services provided under the Contract. The Contractor shall factor the cost of processing credit card payments into the Offer. There shall be no additional charges, surcharges, or penalties to the City for payments made by credit card.

G. The awarding or continuation of this Contract is dependent upon the availability of funding. The City’s payment obligations are payable only and solely from funds appropriated and available for this Contract. The absence of appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not appropriated or available and any Deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. The City shall pay the Contractor, to the extent of funds appropriated or otherwise legally available for such purposes, for all goods delivered and services performed, and obligations incurred prior to the date of notice of non-appropriation.

1.5 FINAL PAYMENT AND CLOSE OUT:

Standard Terms & Conditions 3 Rev. 09-01-2025

A. If a Minority-Owned Business Enterprise/Women-Owned Business Enterprise (MBE/WBE) Program Compliance Plan is required by the Solicitation, and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Project Manager or Contract Manager no later than the 15th calendar day after completion of all work under the Contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements of the Compliance Plan as accepted by the City.

B. The making and acceptance of final payment will constitute:

i. A waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and

ii. A waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled.

1.6 SPECIAL TOOLS & TEST EQUIPMENT:

If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this Order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such.

1.7 AUDITS AND RECORDS:

A. The Contractor agrees that the representatives of the Office of the City…