"We watched the video, and there were definitely some misrepresentations of our package."

By Sarah-Victoria Lozano

What happened?

In Island Matters' recent story, Shoreline Bid Practices in Question, the Shoreline Task Force (SLTF) controversy continues to spiral as Shoreline Director Kristina Boburka responds to Island Matter's email request, insisting all the information inconsistencies are consistent.

Why it matters

Bidders replied to Island Matters after watching the Shoreline Task Force Aug. 22 meeting discussing bidders' qualifications.

"We did watch the video, and there were definitely some misrepresentations of our package. We did put a lot of effort in that kind of makes me want to cry," said one bidder.

Other bidders explained the bidding process commonly becomes political, and elected officials affect bids.

Previous 2021 Dune Restoration bids required a bid bond due to the construction equipment used. Boburka did not label the Aug. 17 dune restoration as a construction project. Instead, Boburka released the bid as a Request for Proposal (RFP), which does not require a bid bond. Without a bid bond, the City opens itself to financial vulnerability if projects are not properly completed. 

Among the five bidders in 2021, Coastal Transplants was awarded the bid as the highest bidder.

Bidders lamented the continual monetary loss that goes into preparing a proposal and meeting the criteria, and both declined to protest for fear of retribution.

What now?

Boburka insisted the cost breakdown (including travel) for Coastal Transplants was included in the SLTF packet. View cost breakdowns between all three bidders.

Anchor QEA LLC

Triton Environmental Solutions LLC

Coastal Transplants Inc.

Totals

Anchor QEA – $333,232

Triton Environmental Solutions – $190,485

Coastal Transplants – unknown

Boburka wrote back to IM in an email:

Island Matters: You stated that Anchor QEA and Triton were unqualified because you were unsure of Anchor QEA's measurement per ft. or the project length included in its bid. The bid provided measurements and project length. How was this missed? 

Boburka: I am unsure what you think is missing. If you take a look at the Shoreline Task Force packet, the City Council packet, or by looking at the Request for Proposals (RFP 2023-SL03) that has been publicly available on our website, under the requested Scope of Work, the City requested that proposers shall provide 'estimated costs for all materials and labor needed to establish a 10-foot section of beachfront area.' If you then take a look at each of the submissions and their cost proposals, only Coastal Transplants provided this information.

Anchor QEA LLC

Per ft.

Length of Project

Triton Environmental Solutions LLC

Per ft.

Length of Project

Another reason for not awarding Triton (the lowest bidder), according to Boburka, was due to a lack of dune restoration experience or experience on SPI.

Triton's RFP did not reflect that statement. The company's qualifications exhibited tremendous dune restoration, including work on SPI for Mrs. Lynn Tate, who sits on the Economic Development Corporation (EDC). 

Chapter 252 of the Local Government Code states that awards of contracts must award the contract to the lowest bidder. "(a) If the competitive sealed bidding requirement applies to the contract for goods or services, the contract must be awarded to the lowest responsible bidder or to the bidder who provides goods or services at the best value for the municipality." (Sec. 252.043)

Boburka's response:

Their qualifications did not include any dune restoration experience on South Padre Island. On page 91 of the Shoreline Task Force packet, which is a page from Triton's submission, Lynne Tate Real Estate is listed as an entity that they have worked with in the past few years; however, the job description that is listed states, 'Perform wetland and jurisdictional determination and reporting for 11-acre site.' 

A wetland and jurisdictional determination identifies and locates aquatic resources (including wetlands) on a property (also known as a delineation) and determines whether those areas are regulated by the United States Army Corps of Engineers under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. 

That is completely separate and different from performing dune restoration work, hence why I stated that they have a lot of bayside/wetland experience. 

Coastal Transplants is a North Carolina based company and, since 2020, fortified its existence as an entity with the Secretary of State.

Sarah-Victoria Lozano is the reporter for Island Matters on South Padre Island. She grew up in Brownsville and graduated from Baylor University with degrees in political science and english

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