Rev. 10.1.25

GENERAL REQUIREMENTS AND SPECIFICATIONS FOR INVITATION FOR

BIDS

TABLE OF CONTENTS

I. INTRODUCTION

II. TIMETABLE

III. SUBMISSION INSTRUCTIONS

IV. EVALUATION & AWARD PROCEDURES

V. GENERAL PROVISIONS

VI. SCOPE OF WORK & SPECIFICATIONS

VII. CONTRACT REQUIREMENTS & PAYMENT

VIII. ATTACHMENTS

☒ Attachment A – Bid & Addenda Acknowledgement

☒ Attachment B – Bid Schedule / Pricing Form

☒ Attachment C – Certification Regarding Lobbying

☒ Attachment D – Statement of Bidder Qualifications

☒ Attachment E – Subcontractor Listing Form

☒ Attachment F – References

☒ Attachment G – Contractor Profile

☐ Attachment H – Bid Check Return Authorization Form

☐ Attachment I – Performance Bond for Non-public Works Contracts over $50,000

☐ Attachment J – Payment Bond

☒ Attachment K – Certification of Compliance with Federal Standards & Requirements

☒ Attachment L – Minimum Insurance Requirements

☐ Attachment M – Workers’ Compensation Insurance Coverage Rule 110.110

☒ Attachment N – Required Contract Provisions

☐ Attachment O – Section 3 Clause

☐ Attachment P – Section 3 Bid Requirements

☐ Attachment Q – Davis Bacon Current Wage Decision

☐ Attachment R – Standards & Specifications

☐ Attachment S – General Conditions

☐ Attachment T – General Notices, Notes & Information

☐ Attachment U – GLO Compliance Package

☐ Attachment V – American Rescue Plan of 2021 (“ARPA”)

☐ Attachment W – Pre-Award Risk Questionnaire (Subrecipients)

☐ Attachment X – MWBE Utilization Plan Commitment Form

☐ Attachment Y – MWBE Goal Participation Information Packet

☐ Attachment Z – MWBE Trucking Procedure Compliance Packet

☒ Attachment AA - Harris County Minimum Wage Policy and Certification

I. INTRODUCTION

Harris County administers Federal grant funds received from various sources, including but not limited to the

Texas General Land Office (GLO), the Federal Emergency Management Agency (FEMA), and the U.S.

Department of Housing and Urban Development (HUD). All purchases made with grant monies shall comply with the terms and conditions of the grant, as well as the applicable Federal, State, and County procedures regarding these purchases.

All Federal grant awards are subject to the Uniform Administrative Requirements and Cost Principles, codified at 2 CFR 200. This includes the standards for procurements under Federal grants, which applies to contracts for services, goods, or repair. Harris County shall follow applicable local and State requirements except to the extent that these are inconsistent with Federal statutes, regulations, or grant conditions. In other words, Harris County shall follow the rule that allows compliance with all the rules that apply to it: Federal, State, and local. If compliance with all applicable levels is not possible and no rule is more restrictive than another, Harris County shall follow the Federal rule.

This contract shall be funded, in whole or in part, with Federal grant monies. Harris County is authorized to use the sealed bid (formal advertising) method of procurement for this contract opportunity in accordance with 2 CFR 200.320(c).

Harris County is an Affirmative Action/Equal Opportunity Employer. Minority Business Enterprises, Small

Business Enterprises, Women Business Enterprises, Historically Underutilized Businesses, Section 3 Business

Concerns, and labor surplus area firms are encouraged to submit bids.

A. PROJECT DESCRIPTION

As used herein, the term “Contractor” shall mean and refer to Bidder selected pursuant to this IFB process that enters into a contract with Harris County.

Supply of Various Trees and Related Items for Harris County.

B. PROJECT SCHEDULE

N/A

C. ANTICIPATED CONTRACT TERM

The Contract shall commence on the date on the Notice to Proceed Letter and shall remain in effect until

Inspection and Final Acceptance of all required work for the Project and completion of all required services.

The anticipated Contract Term under this IFB is for February 1, 2026 with a maximum of four (4) one-year renewal terms, renewable one (1) year at a time, based on the same terms and conditions and pricing as the initial year. Renewal is subject to approval by Harris County Commissioners Court. Once renewal options are exhausted, the contract must be rebid. Harris County reserves the right to rebid at any time as is in its best interest and is not automatically bound to renew.

Harris County strives to engage with prime contractors and subcontractors that represent the diverse businesses of the County. We will ensure that historically underutilized minority- and woman-owned businesses (M/WBEs) receive a fair and equal opportunity to participate in the County's procurement process.

The County expects Vendors to make a good faith effort and the Vendor agrees to reasonably assist the

County to meet or exceed goals for awarding contracts associated with a project the County procures, operates, maintains, or constructs to M/WBEs.

Vendor may offer for sale additional items related to the scope of goods and/or services described herein and/or listed in the Bid Schedule / Pricing Form by identifying other items and/or brands not identified by

Harris County within the specifications. Though the “related items” offered may be considered during the award recommendation, and/or may be made a part of a subsequent contract, if any, with Harris County, the effect of the related items cannot be extended and totaled in determining the lowest bidder since an estimated usage is unknown. Purchases by Harris County of related items should not exceed 20% of the total annual purchases under the contract.

II. TIMETABLE

A. PRE-BID CONFERENCE

1. Attendance at the Pre-Bid Conference is not mandatory; however, Bidders are strongly encouraged to attend to discuss the requirements of the IFB and identify any common questions. Persons with disabilities requiring special/reasonable accommodations should contact the Purchasing Office at

(713) 274-4400 at least two (2) days prior to the pre-bid conference.

The Voluntary Pre-Bid conference will be held at 10:00AM on Tuesday, December 02, 2025 via

Microsoft Teams.

Join the meeting now

Meeting ID: 213 738 485 209 92

Passcode: 7WK9SS65

Or call in (audio only)

+1 281-985-1862; 867826825#

2. Regardless of whether or not Bidders attend the Pre-Bid Conference, Bidders are responsible for fully acquainting themselves with the conditions of the Project site (which may include more than one site), as well as those relating to the labor of the Project, and for informing themselves with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors’ licensing requirements, availability of required insurance, and other factors that could affect the Work. It the responsibility of each Bidder to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to complete the Project.

B. QUESTIONS

It is the responsibility of each Bidder to examine the entire IFB package, seek clarification in writing, and review their Bid for accuracy before submitting. It is the responsibility of each Bidder before submitting a

Bid, to:

1. Examine the Invitation for Bid Documents thoroughly;

2. Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work; and

3. Take into account Harris County, federal, state, and local laws, regulations, ordinances, and requirements that may affect costs, progress, performance, furnishing of the Work, or award.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjUyMWFiZjMtZDZkYy00MDAyLTg3M2EtNTdlNzA4NDU2ZGNh%40thread.v2/0?context=%7b%22Tid%22%3a%220d9bc79c-581b-4477-acf7-8d70dd3e555a%22%2c%22Oid%22%3a%22c3bf1045-a17f-4783-8bab-5394b7b29a2c%22%7d

4. During the period between issuance of this IFB and the Bid due date, no oral interpretation of the

IFB’s requirements will be provided to any prospective Bidder. Requests for interpretation (and other questions) must be made in writing by the questions deadline via Bonfire at https://harriscountytx.bonfirehub.com/portal/. The deadline for submission of questions relating to this bid is listed on the Event Schedule in Bonfire.

All questions submitted in writing prior to the deadline will be compiled and answered in writing via an

Addendum. A copy of all questions and answers via Addendum will be published online and/or forwarded in an email to all firms. The County will not be bound by any information conveyed verbally.

The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the IFB requirements and that without exception, the Bid is premised upon performing and furnishing the Work detailed in the Invitation for Bid Documents and that the provided documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

C. ADDENDA

Prior to the submission deadline, Harris County may wish to amend, add to, or delete from the contents of this IFB. Harris County may also issue clarifications resulting from any pre-bid conferences or questions submitted. In such situations, Harris County shall issue an Addendum to the IFB setting forth the nature of the modification. Once an Addendum is issued, it will be uploaded to Bonfire, and all Bidders who have downloaded the IFB will be notified via email that an Addendum is ready to be downloaded.

D. EXTENSIONS

The County reserves the right to extend the bid due date and time prescribed above. However, unless the

County issues a written Addendum to this IFB that extends the Bid due date and time for all Bidders, the bid due date and time prescribed above shall remain in effect.

E. PUBLIC BID OPENING

Pursuant to 2 CFR 200.320(c)(2)(iii), all bids will be opened at the time and place prescribed in this Invitation

For Bids, and the Bids shall be opened publicly.

Sealed Bids will be opened publicly on December 15, 2025, shortly after 2:00 PM CST. The public bid opening will be held via Microsoft Teams.

Please visit https://purchasing.harriscountytx.gov/Pages/BidsProposals.aspx for the link. Late Bids will not be accepted – no exceptions.

F. SCHEDULE SUMMARY

The following is the estimated timetable and is provided to assist responding firms in planning:

https://harriscountytx.bonfirehub.com/portal/ https://purchasing.harriscountytx.gov/Pages/BidsProposals.aspx

IFB Release Date November 21, 2025

Pre-Bid Conference December 02, 2025 at 10:00AM

Submission of Questions Deadline December 08, 2025 at 12:00PM

Bid Submission Deadline December 15, 2025

Notice to Proceed

When directed by Harris County

III. SUBMISSION INSTRUCTIONS

A. BID & ADDENDA ACKNOWLEDGEMENTS

1. By submitting a Bid in response to this IFB, Bidders accept the solicitation process as it has been outlined in this IFB.

2. All bids are required to remain in effect for at least 120 days from the date of submission. This effective period should be taken into account when preparing the bid.

3. Harris County will not be liable for any costs incurred by the Bidder in preparing a response to this

IFB. Bidders submit Bid(s) at their own risk and expense. Harris County makes no guarantee that any products or services will be purchased as a result of this IFB and reserves the right to reject any and all Bids. All Bids and accompanying documentation will become the property of Harris County.

By submitting a Bid, Bidders acknowledge and accept that reference checks and/or background investigation may be conducted as a part of the due-diligence process. Award will be made to the lowest, responsible, and responsive Bidder who submits a response to this IFB.

4. Bidders must sign Attachment A, Bid & Addenda Acknowledgement, and include with their bid submission.

5. In cases where Addenda are issued under this solicitation, Bidder must ensure all Addenda are reflected within the Bid & Addenda Acknowledgement document, and Bidder must sign and submit the actual Addenda documents with their bid. All Addenda shall become a part of the requirements for this IFB. In signing and submitting the Bid & Addenda Acknowledgment (Attachment A) with its

Bid, Bidder acknowledges that it has examined all documents, attachments, forms, specifications, addenda, and all instructions. The County may deem a bid non-responsive for failure of Bidder to acknowledge any and all Addenda.

6. Bidders are responsible for consulting the standards referenced in this IFB. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law.

7. READ THIS ENTIRE DOCUMENT CAREFULLY AND FOLLOW ALL INSTRUCTIONS.

THE BIDDER IS RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND

SPECIFICATIONS.

B. BID SUBMISSION OPTIONS

Bids may be submitted in hard copy, or electronically as detailed below.

C. HARD COPY BID SUBMISSION

1. FOR HARD COPY SUBMISSIONS, Bidders may hand-deliver or mail their Bids to:

HARRIS COUNTY PURCHASING AGENT

1111 FANNIN STREET, 12TH FLOOR

HOUSTON, TEXAS 77002

Buyer: Lyndsey Bars

2. Bids must be sealed and must show the IFB Number, Description and be marked “SEALED BID”.

3. Bids must include:

• ONE (1) original Bid package, clearly marked “ORIGINAL”

• ONE (1) flash drive containing the complete response in PDF format must be provided and placed in the ORIGINAL response; a self-adhesive packet may be used to secure the flash drive.

• All documents must be labeled with the Bidder’s name and the IFB number. Any response received by the Office of the Harris County Purchasing Agent that is not identified on the outside with the IFB number will be at risk for rejection.

• Bid must indicate for which contract opportunities the Bidder is submitting.

• All Bids must be typed, single spaced, and formatted to print on 8 ½” by 11” paper.

• Each section of the Bidder’s response should start on a new page. A tabbed divider page marked with the section number should separate each section.

• Bidders should prepare a Table of Contents for the Bid being submitted. The Table of

Contents must list all sections and the contents of each section.

D. ONLINE BID SUBMISSION (PREFERRED METHOD)

1. Bidders choosing to submit Bids in digital format may electronically submit bids through Bonfire

(https://harriscountytx.bonfirehub.com/portal/), which is a third-party online provider website and facilities the bid management process. Bids submitted via e-mail will be rejected. Bids must include:

• ONE (1) complete Bid as ONE (1) PDF document.

• Bids must indicate for which contract opportunities the Bidder is submitting.

2. If Bidder elects to submit its bid electronically, it is the responsibility solely of Bidder to see that its

Bid is properly submitted in proper form and prior to the stated closing time. THE ELECTRONIC

BID MANAGEMENT SYSTEM WILL NOT ACCEPT LATE BIDS. The County will only consider bids that have transmitted successfully and have been issued a confirmation number with a time stamp from Bonfire indicating that the Bid was submitted successfully. Bidders shall be solely responsible for informing themselves with respect to the proper utilization of the online bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Bidder to successfully submit an electronic Bid shall be at the Bidder’s sole risk, and no relief will be given for late and/or improperly submitted Bids.

Bidders experiencing any technical difficulties with the offer submission process may contact

Bonfire Support at https://support.gobonfire.com/hc/en-us/categories/360000773733-Vendors.

Neither the County nor Bonfire make any guarantee as to the timely availability of assistance or assurance that any given problem will be resolved by the bid submission date and/or time.

E. DIGITAL FORMAT

Harris County will accept Bids in digital format. Bidders wishing to submit electronic Bids must submit online through Bonfire. Bids submitted via email will not be accepted.

If, in its Bid response, Bidder makes any changes whatsoever to the County’s published IFB specifications, the County’s IFB specifications, as published, shall control. Furthermore, if a Bidder has been found to have made an alteration of any kind to the County’s published IFB specifications, or the Work under the Contract is not being performed, the Contract is subject to immediate cancellation.

F. LATE BIDS; BID RETURNS

Bids are due to the Harris County Purchasing Department by the date and time specified on the cover sheet and as listed under Section II - Timetable. Harris County will not accept late bids. Late bids will be rejected.

If a solicitation is cancelled, submitted bids will not be returned.

G. SCANNED OR RE-TYPED RESPONSE

If in its response, Bidder either electronically scans, re-types, or in some way reproduces the County’s published IFB package, then in the event of any conflict between the terms and provisions of the County’s published IFB package, or any portion thereof, and the terms and provisions of the response made by Bidder, the County’s IFB package as published shall control. Furthermore, if an alteration of any kind to the County’s published IFB package is only discovered after the Contract is executed and is or is not being performed, the

Contract is subject to immediate cancellation.

H. PRICING

Bidder must provide the pricing as requested for all services and/or items specified within the Bid Schedule

/ Pricing Form (Attachment B), or in Bonfire.

Any rates provided to the County must be all-inclusive. “All-inclusive” shall be construed as costs incorporating all charges for service, labor, material, equipment, overhead, and any other costs. No separate line item rates or charges for services listed in the scope of work will be accepted.

https://support.gobonfire.com/hc/en-us/categories/360000773733-Vendors

I. BID BOND

If the Contract value is anticipated to exceed $100,000, Bidder must furnish a good and sufficient bid bond in the amount of five (5) percent of the total Contract price (LGC 262.032). A bid bond must be executed with a surety company authorized to do business in this state. Bid bonds must be submitted with the Bid package as follows:

Individual bid bond payable to Harris County for 5% of the total amount of each separate bid (if applicable), or

Bank cashier’s check payable to Harris County for 5% of the total amount of each separate bid (if applicable).

*NOTE: If Bidder is submitting Bid online through Bonfire, and is electing to provide a cashier’s check in lieu of a bid bond, the cashier’s check must be physically dropped off in a sealed envelope referencing the

Job No. from Bonfire before the due date of this IFB at the address provided on the IFB Cover Sheet. If submitting a cashier’s check or certified check instead of a bid bond, Bidders must complete the Bid Check

Return Authorization Form (Attachment H) and attach to bid check. All bid checks must be for the required amount and be payable to Harris County, not payable to any individual. See Section VI, General Provisions of this IFB for surety requirements.

J. REQUIRED BID DOCUMENTS

Bidder’s IFB submission package must include the components checked below, in the order in which they are listed. If the item is “X” checked, the item must be included in Bidder’s submission in order for the submission to be considered complete. Bidders are asked to review the documentation to ensure all applicable parts are included. If any portion of this IFB or its attachments are missing, notify the Purchasing Department immediately. Bidder should be thoroughly familiar with all of the following items applicable to the bid submission before submitting a bid.

☒ 1.

Cover Page – Bidder must complete and submit the Cover Page for this IFB, providing their

Company Name and Total Bid Amount.

☒ 2.

Bid & Addenda Acknowledgement – Bidder must sign and submit the Bid & Addenda

Acknowledgement form, included as Attachment A.

☒ 3.

Bid Schedule / Pricing Form – Bidder must complete the Bid Schedule/Pricing Form, included as Attachment B.

☒ 4.

Certification Regarding Lobbying – Bidder must sign and submit the Certification

Regarding Lobbying form, included as Attachment C.

☒ 5.

Certificate of Interested Parties (Form 1295) – Pursuant to Texas Government Code §

2252.908, Bidders must complete and submit Form 1295, Certificate of Interested Parties, prior to the bid deadline using the following website:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. Bidders must file Form

1295 electronically with the Texas Ethics Commission using the online filing application, and then print a copy of the form filed with the Commission and submit the signed copy with their Bid.

☒ 6.

Statement of Bidder Qualifications – Bidder must complete and submit the Statement of

Bidder Qualifications form, included as Attachment D.

☒ 7.

Bidder and Subcontractor Licensing / Certifications – Bidder must submit any applicable licensing and/or certifications required for the completion of the scope of work under this IFB.

☒ 8.

Subcontractor Listing Form – Bidder must complete and submit the Subcontractor Listing

Form, included as Attachment E.

☒ 9.

References – Bidder must complete and submit the References form, included as Attachment

F.

☐ 10.

Bid Check Return Authorization Form – Bidder must sign and submit the Bid Check Return

Authorization form (if a bid bond is required), included as Attachment H.

☐ 11.

Bid Bond (if applicable) – If the contract value is anticipated to exceed $100,000, Bidder must furnish a good and sufficient bid bond (either an individual bid bond or a bank cashier’s check) in the amount of five (5) percent of the total contract price.

☒ 12.

Certification of Compliance with Federal Standards & Requirements – Bidder must sign and submit the Certification of Compliance with Federal Standards & Requirements form, included as Attachment K.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm

☐ 13.

Obligation Summary Contract Awardees – Offeror must complete and submit the

Obligation Summary Contract Awardees and Initial Subcontracting Plan (Attachment P), for any for any HUD-funded projects expected to exceed $200,000.

Offerors intending to self-perform as Section 3 Businesses, or for any subcontractors of

Bidder who qualify as Section 3 Businesses and wish to self-certify as Section 3, the Harris

County Section 3 Business Concern Self-Certification Form must be included and submitted with the Bid.

☒ 14.

Certification or documentation that Bidder, or its subcontractor(s), is HUB-certified by the

Texas Comptroller of Public Accounts or the local MWBE office in their jurisdiction

☒ 15.

Conflict of Interest Questionnaire – Bidders who enter or seek to enter into a contract with

Harris County must disclose Bidder’s or its employees’ affiliation, business relationship, employment, family relationship, or provision of gifts that might cause a conflict of interest with Harris County. By law, the Conflict of Interest Questionnaire (provided by the Texas

Ethics Commission at www.ethics.state.tx.us) must be filed with the records administrator of

Harris County not later than the 7th business day after the date Bidder becomes aware of facts that require the statement to be filed.

☒ 16.

Statement of Conflicts – A statement of conflicts (if any) the Bidder or key employees may have regarding these services.

☒ 17.

System for Award Management results – Bidder must include verification that your company as well as the company’s principal is not debarred through the System for Award

Management (www.SAM.gov). Bidder must enclose a print out of the search results that includes the record date.

☒ 18.

Sample Insurance Certificate – Bidder must provide a sample Insurance Certificate which adheres to the Minimum Insurance Requirements shown under Attachment L (does not supersede the “Hold Harmless” provision).

☐ 19.

GLO Compliance Package – This project is funded in whole or in part by the Texas General

Land Office (GLO). As such, Bidder must also complete and submit the following documents with their Bid:

• GLO Compliance Package o GLO Contractor Bid Certification o GLO Certification of Bidder Regarding Civil Rights Laws and Regulations o GLO Contractor Certification of Efforts to Fully Comply with Employment and Training Provisions of Section 3 o

☐ 20.

MWBE Utilization Plan Commitment Form – Harris County strives to engage with prime contractors and subcontractors that represent the diverse businesses of the County. We will ensure that historically underutilized minority-and woman-owned businesses (M/WBEs) receive a fair and equal opportunity to participate in the County’s procurement process.

Offeror must sign and submit the MWBE Utilization Plan Commitment Form (Attachment Y).

IV. EVALUATION & AWARD PROCEDURES

A. NONCONFORMING BIDS

Bids that are incomplete, contain material irregularities or include alterations to or terms and conditions that do not conform to the terms and conditions of the IFB, or otherwise do not comply with the requirements of the IFB are subject to rejection as non-responsive. In accordance with the regulations of 2 CFR 200 and the laws of the State of Texas, Harris County reserves the right to waive any informality or irregularity, to make awards to more than one Bidder, by total, by group, by item or as best serves the county and/or to reject any or all bids if there is a sound documented reason.

B. EVALUATION PROCESS

Harris County will select the responsive and responsible Bidder that, in the opinion of Harris County, has been determined to have submitted the lowest bid based on all identified factors.

Prices proposed by Bidder shall be irrevocable until Contract award unless the bid is withdrawn. A Bid may be withdrawn by a Bidder, provided an authorized representative of the Bidder submits a written request to withdraw the Bid prior to the time set for opening the Bids.

C. BASIS OF AWARD

Pursuant to 2 CFR 200.320(c)(2)(iv), Harris County shall evaluate Bids in response to this solicitation, and intends to award a firm fixed price contract to the responsive and responsible bidder, whose Bid, considering price and any price-related factors specified in the solicitation, is the lowest.

Where specified in these bidding documents, factors such as discounts, transportation cost, and life cycle costs shall be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of.

D. UNBALANCED BID

To the extent applicable, Harris County may reject any Bid as nonresponsive if it is materially unbalanced as to the prices for the various items of work to be performed. A Bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

E. CONTRACT OBLIGATION

If award is recommended, Harris County Commissioners Court must award the Contract and the County

Judge or other person authorized by the Harris County Commissioners Court must sign the Contract before it becomes binding on Harris County or Bidder. Department heads are NOT authorized to sign agreements for Harris County. Binding agreements shall remain in effect until all products and/or services covered by this procurement have been satisfactorily delivered and accepted.

No award can be made until approved by the Harris County Commissioners Court. This IFB does not obligate

Harris County to the eventual purchase of any services described, implied or which may be proposed.

Progress toward this end is solely at the discretion of Harris County and may be terminated at any time prior to execution of a contract.

F. RESPONSIBILITY

Harris County shall award contracts only to responsible Bidders who have the ability to perform successfully under the terms and conditions of the proposed contract. Information provided in the Statement of Bidder

Qualifications form (Attachment D) may be used, in part, by Harris County to assess Bidders’ responsibility.

To be considered responsible, a Bidder must:

1. Have adequate financial resources to perform the contract, or the ability to obtain them;

2. Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing business commitments;

3. Have a satisfactory performance record;

4. Have a satisfactory record of integrity and business ethics;

5. Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

6. Have the necessary production and technical equipment and facilities, or the ability to obtain them;

and

7. Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

Before being considered for award, the Bidder may be requested by Harris County to submit a statement or other documentation regarding any of the items above. Failure by the Bidder to provide such additional information shall render the Bidder nonresponsive and ineligible for award.

Responsible Bidders must have the experience necessary to complete the Scope of Work and ability to comply with Texas and Harris County requirements and all federal codes, policies and regulations applicable to this project.

Harris County shall conduct research to determine that a Bidder is responsible. Some methods to determine responsibility include:

• Compliance with Delivery and Performance Schedules: The County may request information on other active contracts the Bidder is performing and verify the status with those buyers;

• Performance Record: The County may require Bidders to submit contact information for recent contracts they have performed for other customers and contact them to ascertain the Bidder’s quality of performance, including timeliness of delivery/completion, quality of work, compliance with terms and conditions of the contract, and cost control, if applicable.

• Integrity and Business Ethics: The County may check local offices of Code Compliance and Business

Licenses or other regulatory agencies for business ethics record and compliance with public policy.

The County may verify the Bidder’s compliance with payments, wage rates, and affirmative action requirements with other customers and with applicable State and Federal Government offices, e.g., DOL Wage and Hour Division;

• Necessary Organization, Experience, Operational Controls, and Technical Skills: The County may verify experience with other customers, request copies of audits, or verify that necessary personnel will be available to work on the County’s contract;

• Necessary Production and Technical Equipment and Facilities: The County may request evidence that the Bidder has all the equipment and facilities he/she will need or the capability to obtain them;

and

• System for Award Management: The County shall verify that the Bidder is not debarred through the

System for Award Management (www.SAM.gov).

Bidders are responsible for determining the responsibility of their prospective subcontractors. Bidders shall submit the Subcontractor Listing Form (Attachment E) with their Bid and provide information on any prospective subcontractors to be used in completion of the Project. Determinations of prospective subcontractor responsibility may affect the County’s determination of the Bidder’s responsibility. A Bidder may be required to provide written evidence of a proposed subcontractor's responsibility.

The County may directly determine a prospective subcontractor's responsibility. In this case, the same standards used to determine a Bidders responsibility shall be used by the County to determine subcontractor responsibility.

V. GENERAL PROVISIONS

A. ALTERNATES

When there is a justifiable need, Harris County may opt to use Alternate Bids. If the County chooses to use

Alternates, the County will identify the Base Bid Specifications, or the specifications listing or describing only those materials, equipment, work, and services upon which the Base Bid must be predicated, exclusive of any alternate bids. The requested Base Bid would comprise the sum of money for which the Bidder offers to perform the work identified in the Base Bid Specifications, not including that work for which alternate bids are also submitted.

Alternates shall be accomplished either with Additive or Deductive Alternates. An Additive Alternate Bid is a body of work that the County may award in addition to the Base Bid if there is sufficient funding after the bids are received, and may include items that are not part of the base scope or may be replacements.

By contrast, a Deductive Alternate Bid is a body of work that the owner may delete from the base bid if there is insufficient funding to award the full base bid. A Deductive Bid Alternative is when work shall be deducted from the Base Bid work.

The purpose of both Additive and Deductive bids is to build flexibility into the bidding process so that the

County can award the maximum amount of the project possible dependent on funding available.

Harris County will use Alternates when there is an understandable need and will attempt to limit Alternates to no more than three potential Alternates. One or more of Alternates may be used to adapt a project to stay within the County’s budget, which shall allow an award to be made.

B. AUTHORIZATION TO DO BUSINESS IN TEXAS

Bidders must obtain Texas Sales & Use Tax permit from the Texas State Comptroller Office if they are engaged in business in Texas and they are selling tangible personal property, leasing personal property, or selling a taxable service in Texas. All Bidders are required to have and maintain any licenses, certifications, and registrations required by the State of Texas, Harris County, or recognized professional organization governing the services performed under this contract (such as professional licensing requirements i.e.

Licensed Plumbers). The Texas Department of Licensing and Regulation is the primary state agency responsible for the oversight of businesses, industries, general trades, and occupations that are regulated by the state.

For businesses to legally operate in Harris County, Bidders must be registered with the Texas Secretary of

State to transact business in Texas and must be current on all state and local fees and taxes, including but not limited to Franchise Account Status with the Texas Comptroller of Public Accounts in good standing, delinquent taxes, court judgments, tickets, tolls, fees, or fines.

A Sole Proprietorship, General Partnership, and all business entities (SP, LLC, INC, etc.) doing business under a name other than the name of the owner requires a DBA (Doing Business As) Certificate, which must be filed within the county of which they are doing business. If a Bidder’s business isn’t located in Harris

County, Bidders must submit the licenses, certifications, and other documentation required by the locality in which their business is based.

C. PERFORMANCE & PAYMENT BONDS

2 CFR 200.325 mandates the minimum federal bonding requirements. However, Texas Government Code is more stringent, and provides for the requirements set forth below. Since the Texas Government Code requirements are more stringent than 2 CFR 200.325, compliance with the following requirements shall satisfy the federal bonding requirements.

1. Performance Bonds: Successful Bidder may be required to furnish a performance bond within ten

(10) days after award of the Contract and receipt of performance and/or payment bond application form.

a. If a contract is expected to exceed $50,000, Bidders must furnish a performance bond to Harris

County for the full amount of the contract (LGC 262.032) within ten (10) days after award of the contract and receipt of performance bond application form. The prescribed Performance Bond

Form for non-public works contracts over $50,000 is found under Attachment I, and is the only form Harris County will accept.

b. The Performance Bond, if required, must be submitted within ten (10) days after award and prior to commencement of the actual work. The performance bond shall be in the amount equal to the amount of money to be paid by the County under the contract, unless otherwise stated, and shall be executed by a surety company authorized to do business in the State of Texas. The performance bond is:

i. Solely for the protection of Harris County;

ii. In the full amount of the contract; and

iii. Conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents.

2. Payment Bonds: A payment bond is required on all public works jobs that exceed $25,000 (TGC

2253.021), or as required by Harris County. Harris County may require Payment Bonds for other contracts depending on the scope and use of subcontractors. Bidders must furnish payment bond within ten (10) days after award of the contract and receipt of payment bond application form. The prescribed Payment Bond form is found under Attachment J, and is the only form Harris County will accept.

If the successful Bidder submits a bank cashier’s check as guaranty, Harris County may elect to hold the check until all provisions of the Contract have been completed, and/or require Bidder to submit a performance and/or payment bond. The performance and/or payment bond shall be in the amount equal to the amount of money to be paid by the County under the Contract, unless otherwise stated, and shall be executed by a surety company authorized to do business in the State of Texas.

If any required performance and/or payment bond forms and related documents are not returned to the

Harris County Office of the Purchasing Agent, 1111 Fannin Street, 12th Floor, Houston, Texas 77002, within ten (10) days, Harris County has the right to render the award ineffective. Written verification of the validity of the bond shall be received by the Office of the Purchasing Agent from the contractor’s surety before any payments will be made.

A bond required by this section must be executed by a corporate surety in accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959 (Article 7.19-1, Vernon’s Texas

Insurance Code). A bond executed for a public work contract with Harris County must be payable to and its form must be approved by Harris County.

A bond required under this section must clearly and prominently display on the bond or on an attachment to the bond:

1. The name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or

2. The toll-free telephone number maintained by the Texas Department of Insurance under

Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas

Department of Insurance by calling the toll-free telephone number.

D. COMPLIANCE WITH STATE, FEDERAL, AND LOCAL LAWS

The following regulations shall apply to this Contract opportunity. Bidders should refer to Attachment N –

Required Contract Provisions for more detailed information on the requirements and regulations applicable to this contract opportunity:

1. 2 CFR 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for

Federal Awards

2. 24 CFR Part 570 – Community Development Block Grants

3. Texas Local Government Code Section 262 – Purchasing and Contracting Authority of Counties in

Texas

4. Texas Local Government Code Section 271 – Purchasing and Contracting Authority of

Municipalities, Counties, and Certain Other Local Governments

5. Harris County Purchasing Rules and Procedures Manual (2013)

6. 24 CFR Part 75 – Economic Opportunities for Low- and Very Low-Income Persons, which implements Section 3 of the Housing and Urban Development Act of 1968.

7. Texas Health & Safety Code Section 361.426 – Governmental Entity Preference for Recycled

Products

Bidder shall follow all Federal, State, and local laws, rules, codes, ordinances, and regulations applicable to

Bidder’s services.

Harris County operates its business ethically and in compliance with the law. We ask that any Bidder or

Bidder’s employee doing business with Harris County who believes he or she has witnessed any suspected ethical violation or fraud immediately report the allegations to:

Chief Assistant County Auditor – Audit Division

713-274-5673

All suspected criminal conduct will be investigated and reported to the District Attorney’s Office or an appropriate law enforcement agency. Bidders who report suspected ethical violations or fraud can do so without fear of retaliation. Retaliating against any Bidder or Contractor for reporting suspected ethical violations or fraud is strictly prohibited.

In accordance with Texas Government Code 2270.002, Bidder must warrant that it does not boycott Israel and agrees that it will not boycott Israel during the term of this Contract.

E. CONTRACTOR PROFILE

The Contractor Profile form (Attachment G) must be completed and submitted by the Successful Bidder, and any of its subcontractors, within fifteen (15) working days of notification as the apparent low bidder.

F. DISQUALIFICATION OF BIDDER

Upon signing its Bid, Bidder certifies that Bidder has not violated the antitrust laws of this state codified in

Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if the County believes that collusion exists among Bidders. If multiple bids are submitted by a Bidder and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that Bidder will be withdrawn; however, nothing herein prohibits

Bidders from submitting multiple bids for different products or services.

G. E-MAIL ADDRESSES CONSENT

By submission of a bid, Bidder affirmatively consents to the disclosure of its e-mail addresses that are provided to Harris County, the Harris County Flood Control District, the Harris County Appraisal District, or any department or agency of Harris County. This consent is intended to comply with the requirements of the Texas Public Information Act, Texas Government Code Section 552.137, as amended, and shall survive termination of this agreement. This consent shall apply to e-mail addresses provided by Bidder, its employees, officers, and agents acting on Bidder’s behalf and shall apply to any e-mail address provided in any form for any reason whether related to this IFB or otherwise.

H. GOVERNING LAW

This IFB is governed by the competitive sealed bidding requirements of 2 CFR 200 “Uniform Administrative

Requirements, Cost Principles, and Audit Requirements for Federal Awards”, the County Purchasing Act, and Texas Government Code Section 2269 et seq., as amended. Where there is a difference in regulation, Harris County shall follow the more stringent regulation and shall require that Bidders comply with all applicable federal, state and local laws and regulations. In the event of any conflict of interpretation of any part of this overall document, Harris County’s interpretation shall govern.

Bidder is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Harris County may request and rely on advice, decisions and opinions of the Attorney General of

Texas and the County Attorney concerning any portion of these requirements. Forum for contractual issues shall be in Texas and venue shall be in Houston, Harris County, Texas, in a federal or state court of competent jurisdiction. The County does not agree to binding arbitration and does not waive its right to a jury trial.

I. FUNDING

Harris County anticipates that all or partial funding for the project subject to this IFB will consist of federal grant funding. The federal agencies providing this funding may include, but shall not be limited to, the U.S.

Department of Housing and Urban Development (HUD), the Federal Emergency Management Agency’s

(FEMA) Public Assistance program, or H.O.M.E. As such, Bidder acknowledges and is responsible for ensuring compliance with the general procurement standards applicable to Contractors, as detailed in Title 2

CFR 200. Any Contract awarded pursuant to this IFB shall include all required Contract clauses in all solicitation and contract awards for services and work associated with this project, and the selected Bidder shall include the applicable clauses in its subcontracts (see 2 CFR 200, Appendix II, Required Contract

Clauses).

Bidder must complete and return Attachment K, Certification of Compliance with Federal Standards &

Requirements, certifying their compliance with and understanding of their responsibility to ensure compliance with federal regulations. Failure to include the signed Certification of Compliance with Federal

Standards & Requirements document with your bid may be cause to reject the entire bid. Failure to maintain compliance throughout the duration of the project or Contract may be cause to terminate the Contract.

Additionally, any contract entered into by the County that is to be paid in whole or in part from grant funds will be subject to termination for convenience by the County should grant funding become unavailable at any time for the continuation of services paid for by the grant, and further funding cannot be obtained for the contract. Such termination will be without liability to the County, other than for payment of services rendered prior to the date of termination.

J. SECTION 3 ACT OF 1968 COMPLIANCE

DISCLAIMER: THIS SOLICITATION DOES NOT INVOLVE HUD FUNDING AND

THEREFORE SECTION 3 DOES NOT APPLY.

24 CFR Part 75 requires that for any HUD-funded contract with a value in excess of $200,000, contractors and subcontractors must comply with the Section 3 Act of 1968. The purpose of Section 3 is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent, feasible and consistent with existing Federal, State and local laws and regulations are directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns that provide economic opportunities to low- and very low-income persons.

Section 3 is triggered when the normal completion of construction and rehabilitation projects creates the need for new employment, contracting, or training opportunities.

Contractors must complete and submit the Section 3 Bid Requirements (Attachment P) before contract award and execution. The Section 3 Bid Requirements should detail the Contractor’s goals to subcontract with

Section 3 Business Concerns. Contractors should indicate all firms proposed as subcontractors on this project and whether any of the firms are Section 3 Business Concerns. Section 3 Business Concerns can be found on the HUD Section 3 website at https://portalapps.hud.gov/Sec3BusReg/BRegistry/What.

Businesses that fit the definition of a Section 3 Business Concern and would like to self-perform to comply with Section 3 requirements must submit Section 3 Self-Certification documentation. At Harris County’s discretion, the Subrecipient shall accept the Harris County Section 3 Business Concern Self-Certification

(Attachment Q). Contractors and subcontractors must include the Section 3 Clause (Attachment Q) in every subcontract subject to compliance with regulations in 24 CFR 75.

Upon award, Contractors will also be required to provide all pertinent information related to Section 3

Workers and Section 3 Business Concerns, including but not limited to the self-certification forms, copies of lease agreements, copies of documents evidencing participation in public assistance programs, copies of records as proof of income, and other pertinent documents. Harris County shall monitor and evaluate contractor’s and contractor’s subcontractors, Section 3 compliance towards achieving the numerical goals relative to Section 3 employment, training, and contracting on a minimum monthly basis throughout the contract period. Contractors and subcontractors shall be responsible for providing monthly reports in the format requested by Harris County.

K. HUB / MWBE UTILIZATION COMMITMENT

2 CFR 200.321 requires that Contractors take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Contractors are required to facilitate Historically Underutilized Business (HUB) and/or Minority & Women-Owned

Business Enterprise (MWBE) participation. Affirmative steps must include:

1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; and https://portalapps.hud.gov/Sec3BusReg/BRegistry/What

5. Using the services and assistance, as appropriate, of such organizations as the Small Business

Administration and the Minority Business Development Agency of the Department of Commerce.

Contractors must indicate which of their subcontractors will be HUB / MWBE using the Subcontractor

Listing Form. Contractors must indicate the type of work to be performed by each firm and whether each firm is a HUB / MWBE or non-HUB / MWBE firm. Contractors must include certification or documentation when the Bidder itself, or its subcontractor(s), is HUB-certified by the Texas Comptroller of Public Accounts or the local MWBE office…