12-Special Requirements.pdf

SPECIAL REQUIREMENTS/INSTRUCTIONS

The following requirements and instructions supersede General Requirements where applicable.

VENDOR INSTRUCTIONS

Responses to this Request for Qualifications (RFQ) shall be formatted and organized in the following order for consistency and easy screening:

If submitting a hardcopy, all proposals must be typed, single spaced, and printed single-sided on 8 ½” by 11” paper.

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

Sections I-IX below shall be uploaded under Bonfire’s Requested Information section.

The preferred submission is via Bonfire.

Section I: Transmittal Letter - The transmittal letter should include:

Company name and address; name, title, email, telephone and fax number of person(s) to be contacted for clarifications or additional information regarding proposal;

Name, title, email, telephone and fax number of person authorized to contractually obligate vendor’s company with proposal and any future negotiations; and

A brief statement summarizing the vendor’s understanding of the project and relevant experience.

Section II: Firm Experience and Qualifications (Maximum 5 pages) - Set forth the Proposer’s experience and qualifications as they relate to Parks and Trails Master Plan in terms of technical scope, tasks involved, deliverable products, and other elements of the work as they relate to the evaluation criteria and all requirements of this RFQ, including but not necessarily limited to the following:

Demonstrated prior experience with undertakings of similar scope, size, and type.

Demonstrated understanding of the Project objectives that shall convey a clear grasp of the master plan.

Experience and ability to organize develop parks and trails master plan similar in scope and nature to

Harris County’s needs with established relevant experience.

Experience and ability to plan, integrate, and implement green stormwater infrastructure solutions

(including LID and nature-based features) within parks and trails.

Ten (10) years demonstrated successful experience in meeting timelines of previous fast-tracked projects involving large, complex master planning activities, such demonstrated experience being with projects comparable to the proposed scope of work.

Recent or current work with local government agencies on projects of similar scope and complexity.

Experience with federally funded programs and projects.

Experience with ten (10) to fifteen (15) stakeholder group engagement though a master planning effort.

Where the Proposer is a team of firms, demonstrated past experience working effectively together.

Whether the Proposer is a single firm or a team of firms, demonstrated past experience managing and working with subcontractors.

Demonstrated ability to work successfully with government entities, including but not limited to:

o No previous record of default on a government contract.

o No debarment, suspension, or limited denial of participation under 24 CFR Part 24.

o No formal debarment or suspension from entering into contracts with a governmental agency or other notification of ineligibility or prohibition against bidding or proposing on government contracts.

o A clear understanding of, and ability to comply with, state, federal, and grant funding requirements as defined in this RFQ.

Record of effective schedule and budget management for projects of similar scope and complexity.

A list of past local government clients. (Minimum of three (3)).

Sustained capacity to provide consistent, highly experienced, and qualified staff with deep experience in successful execution of design projects for local government agencies.

Ready availability to perform the work and meet the County’s deadlines.

Experience with climate-positive design and maintenance practices, optimizing the co-benefits of green infrastructure for climate adaptation and mitigation (e.g. integrating climate resilient landscapes, reducing urban heat island effect, sequestering carbon using nature-based solutions, reducing the need for mowing, etc.)

Experience with innovative approaches to reducing waste in the maintenance of parks and the creative reuse of materials in different park features.

Experience with incorporating equity and access into parks and greenspace planning.

Experience with integrating clean energy technologies and dark-sky compliant lighting features (e.g.

solar canopy shade structures, solar-powered outdoor lighting, fixtures that reduce light pollution, etc.)

Experience in developing and/or established commitment to carbon reduction, climate adaptation, and sustainability initiatives as a team.

Mere reiterations of the specifications are strongly discouraged, as they do not provide insight into the vendor’s ability to meet the specifications.

Section III: Pricing Information

Note: Pricing will NOT be used for evaluating qualifications.

Section IV: Proposed Key Personnel (Maximum 3 pages)

The Proposer’s primary point of contact for this contract and their overall experience providing these types of services.

A designated Lead Planner/Program Manager with at least eight (8) years’ experience with projects of similar scope and complexity.

Key personnel who shall be committed to work on the various Project tasks, their expertise relevant to those tasks, and their prior experience in actual performance of those tasks.

Identification of all key staff to be assigned to the Project and for which of the following Project roles they shall have lead responsibility: (i) master planning and organizing services, (ii) general architectural, and landscape architectural services, (iii) engineering services including green stormwater infrastructure (e.g., LID and nature-based solutions) and traffic engineering, (iv) preliminary cost estimating services.

While each Proposer is free to craft their response to this RFQ as they wish, it is anticipated that their response shall envision a team comprised of, at minimum, the following roles and qualifications, either as described below or in some equivalent formulation.

Role Proposed Qualification Requirements

LEAD PLANNER/PROGRAM

MANAGER

Eight (8) years full-time relevant master planning experience managing complex efforts like the Project for civic or governmental agencies.

ARCHITECTURE

Eight (8) years’ full-time relevant design experience managing complex parks projects like Harris County parks.

Landscape Architect with park design experience.

Structural Architect with design of park amenities, such as pavilions, gazebos, gathering spaces, etc.

Preference for previous experience working in Houston and Harris County

ENGINEERING

Eight (8) years of full-time experience in civil engineering

Previous experience with trails, roadways, green stormwater infrastructure , river lands, wetlands, and park design

Traffic Engineer with multimodal design experience.

Professional licensure in Texas

STAKEHOLDER/COMMUNITY

ENGAGEMENT CONSULTANT

Eight (8) years full-time experience leading stakeholder engagement for government or civic projects

Section V: Capacity to Perform (Maximum 2 pages):

Brief explanation of the Proposer’s available staff, their experience relevant to the Project, and the Proposer’s adequacy of additional staff resources that may be needed to complete the Project.

Documented past performance with respect to cost control, quality of work, and compliance with performance schedules.

Proposer’s documented record of:

o Conforming to contract requirements and standards of good workmanship;

o Forecasting and controlling costs;

o Adhering to schedules, including the administrative aspects of performance;

o Providing reasonable and cooperative behavior and commitment to customer satisfaction;

o Reporting into databases (if applicable);

o Adhering to high standards of integrity and business ethics; and o Consistently exhibiting professional care, concern for, and attention to the interests of the client.

Section VI: Project Management and Approach (Maximum 4 pages) – Provide a detailed project execution plan, or methodology, that discusses principles, practices, and procedures to be used by the Proposer in implementing work associated with the Project. They should include, but not be limited to, a discussion of services, project mobilization, use of subcontractors (where applicable), Project organization chart, identification of a project manager, robust quality assurance program, documented positive safety record, and reporting capabilities.

In providing this information, the Proposer shall:

Provide sufficiently detailed information regarding project mobilization, which the County defines as the time required to have a team in place once a Purchase Order has been issued.

Identify which skills would be performed by the Proposer and which by subcontractors.

Provide information regarding the method that would be used to qualify a subcontractor as satisfactory.

Submit a Project organization chart detailing the Proposer’s team that would be assigned to the Project, showing the chain of command and the role and responsibility of each member. (The successful Proposer shall submit a revised organization chart each time there is a significant change of personnel or in allocation of responsibilities.)

Provide a discussion of the Proposer’s philosophy, approach(es), and preferred methods for meeting requirements and/or deliverables of this RFQ.

Detail the reporting capabilities of the firm, including but not limited to its use of monthly management reports, comprehensive invoicing, timely notifications, electronic capabilities, any standard reporting forms, and additional related programs or services available to customers.

Section VII: Interview – For those selected for an interview, Proposers shall be expected to, and shall be evaluated on, their:

Demonstrated knowledge of, approach to, and experience in parks and trails master plan, resilient drainage infrastructure, and professional competency and coordination.

Demonstrated experience in understanding the County’s needs and the community as a whole, as well as in coordinating with the multiple stakeholders that shall be involved with this project.

Section VIII: Legal Documents – Include any standard agreement(s) and/or contracts(s) associated with vendor’s response.

Section IX: Miscellaneous – State exceptions to any of the requirements in this RFP, if any. Company brochures, marketing materials, or any other information vendor deems appropriate to the RFP response may be included in this section.

Harris County will not be liable for any costs incurred by the vendor in preparing a response to this RFQ. Vendors submit proposals at their own risk and expense. Harris County makes no guarantee that any products or services will be purchased as a result of this RFQ and reserves the right to reject any and all proposals. All proposals and accompanying documentation will become the property of Harris County. All proposals are open to negotiation.

The vendor is expected to examine all documents, forms, specifications, and all instructions. Failure to do so will be at vendor’s risk.

At and after opening, proposals will NOT be part of the public record and subject to disclosure but will be kept confidential until time of award and execution of an agreement. When an award is made and an agreement is executed, proposals are subject to review under the “Public Information Act”. To the extent permitted by law, vendors may request in writing non-disclosure of confidential data. Such data shall accompany the proposal, be readily separable from the proposal, and shall be CLEARLY MARKED “CONFIDENTIAL”. For those portions identified as confidential by the vendor, Harris County must rely on advice, decisions and opinions of the Attorney General of the State of Texas relative to the disclosure of data or information.

EVALUATION PROCESS

This RFQ is governed by the procedures as contained in the Texas Government Code §2254.003. Therefore, award of contract shall be made to the provider of the required services that is evaluated to be the most qualified on the basis of demonstrated competence and qualifications whose pricing is considered to be fair and reasonable. Harris County does not accept any financial responsibility incurred in order to respond to this RFQ. In addition, Harris County reserves the right to accept or reject any or all Statements of Qualifications or waive any and all formalities not considered advantageous to Harris County.

To the extent permitted by law, vendors may request in writing non-disclosure of confidential data. Such information shall accompany the Statement of Qualifications, be readily separable from the response, and shall be CLEARLY MARKED “CONFIDENTIAL”. For those portions identified as confidential by the vendor, Harris County must rely on advice, decisions, and opinions of the Attorney General of the State of Texas relative to the disclosure of data or information.

The vendors shall not contact any Harris County personnel during the RFQ process without the express permission from the Office of the Harris County Purchasing Agent. Harris County Purchasing may disqualify any vendor who has made site visits, contacted personnel, or distributed any literature without authorization from this office. Harris County may initiate discussions with vendors. Discussions may not be initiated by vendors. Harris County expects to conduct discussions with vendor personnel authorized to contractually obligate the vendor with an offer. All qualifications will be examined by an evaluation committee consisting of various Harris County personnel and Harris County Purchasing.

Qualifications that do not conform to the instructions or which do not address all of the services as specified may be eliminated from consideration. However, Harris County reserves the right to accept such a response if it is determined to be in the best interest of Harris County.

All correspondence relating to this RFQ, from advertisement to award shall be sent to Harris County Purchasing. All presentations and/or meetings between Harris County and the vendor relating to this RFQ shall be coordinated by Harris County Purchasing.

Selected vendors may be expected to make a presentation and/or product demonstration to an evaluation committee. Response, vendor presentations and product / service evaluations may develop into negotiating sessions with the vendor(s) as selected by the evaluation committee. Harris County expects to conduct negotiations with vendor’s representatives authorized to contractually obligate the vendor with an offer. If vendor is unable to agree to contract terms and conditions, Harris County reserves the right to terminate contract negotiations with that vendor and initiate negotiations with another vendor. In addition to a presentation, visits by the evaluation committee to representative vendor client sites may be conducted where the proposed solution can be demonstrated in a production environment.

EVALUATION CRITERIA

Award shall be made to the responsible vendor whose proposal is determined to be the best evaluated offer resulting from negotiations and taking into consideration all aspects of proposal impact items for the following:

Firm Experience and Qualifications (Section II)………………………………………………………………………15% Proposed Key Personnel (Section IV)…………………………………………………………………………………25% Capacity to Perform (Section V)………………………………...….…………………………………………………15% Project Management and Approach (Section VI)……………………………………………………………………...25% Interview……………………………………………………………………………………………………………...20%

The above referenced selection criteria totals a maximum of eighty (80) points, which will be utilized during the initial evaluation process. Once the short-list of vendors have been identified, the Harris County evaluation committee will assign up to twenty (20) points to each selected vendor, based on information received during the subsequent interview process.

Firms shall not contact any members or employees of Harris County regarding this RFQ, evaluation, or selection process from the time the RFQ is issued until the time a notification of intent to award is announced, except if such contact is in writing, with a copy of any written communication being forwarded to the Office of the Purchasing Agent. Contact discovered in any such manner, other than in writing and copied to the Office of the Purchasing Agent, would be considered as grounds for elimination.

Any submitted qualification and subsequent proposal shall remain valid for six (6) months after the RFQ due date or until Harris County executes a contract, whichever is sooner. Harris County may, in the event the selected firm fails to perform and/or the contract is terminated within forty-five (45) days of its initiation, request the firm submitting the next acceptable proposal to honor its proposal.

AWARD

Harris County anticipates awarding to a single vendor. However, Harris County reserves the right to award to more than one (1) vendor if in the best interest of Harris County. Harris County reserves the right to review vendor facilities and/or mobile units for compliance prior to award.

The County may award to more than one (1) vendor as “Primary” and “Secondary” vendor. The “Secondary” vendor will be utilized due to time constraints, availability, etc.

No award can be made until approved by Harris County Commissioners Court. This RFQ does not obligate Harris County to the eventual purchase of any product/service 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 an agreement.

The rates quoted on the BidTable must be all-inclusive. “All-inclusive” shall be construed as costs incorporating all charges for testing, labor, material, equipment, delivery, training, support and any other cost incurred. No separate line item rates or charges will be accepted. Quantities are estimates. Harris County may require more or less. In case of discrepancy between unit and total pricing, unit pricing governs.

CERTIFICATE OF INTERESTED PARTIES (FORM 1295)

Texas law requires all parties who enter into any contract with the County which must be approved by Commissioners Court to disclose all interested parties. Form 1295 must be completed in its entirety at the following website: prior to submitting your response. Failure to do so may result in disqualification of your response.

LICENSURE

Vendor shall provide, as part of its response and include in Section IV, evidence of compliance with all governing requirements for licensure, registration, and/or certification. All responding vendors MUST be currently registered with the State of Texas and have a current and valid Franchise Tax Identification Number. Photocopies of relevant documents shall be included with submission and will be sufficient for RFQ purposes, but Harris County reserves the right to require presentation of original licenses or certified copies thereof prior to the vendor's beginning service.

By the submission of a response to this RFQ, vendor warrants and represents to Harris County that they have and will maintain compliance with all governing regulations and laws, including Federal, State, and Municipal.

LEGAL DOCUMENTS

Vendor should submit any agreement for products/services which may be required by the vendor’s organization to enter into a contract with Harris County. The awarded vendor will be required to execute an agreement with Harris County which finalizes the terms and conditions set forth in vendor’s proposal, best and final offer, and any negotiations between vendor and Harris County. The agreement is subject to review and amendment by the Harris County Attorney’s Office.

INVOICES

Vendor shall submit an invoice upon completion of each deliverable. Deliverables will be considered complete only upon written acceptance by Harris County. Each invoice shall include deliverable(s) completed and the price for each. Each invoice shall include deliverable(s) completed and the price for each. Invoice shall be submitted on a monthly basis for work performed during the previous month. All payment requests will be accompanied by applicable: weekly/monthly reports, backup tabulations, and copies of employee time sheets for hourly T&M (Time and Material) tasks. No charges may be billed to Harris County unless such costs are explicitly included in the agreement. Invoices will be sent to:

Harris County Auditor’s Office c/o Accounts Payable 1001 Preston, Suite 800 Houston, Texas 77002

Or emailed to: VENDORINVOICES@HCTX.NET

The exact format for monthly invoices and other attachments will be agreed upon between the vendor and Harris County during contract negotiations.

PURCHASE ORDER

Services and/or products must not be provided and invoices will not be paid without a purchase order, signed by the Harris County Purchasing Agent. Purchase orders will be written in annual increments when applicable. Once a purchase order is issued, the using department will contact the vendor directly to place service orders.

PAYMENTS

Vendor shall be compensated monthly based on a milestone or progress-payment basis. Payments will be provided for monthly progress based on completion of accepted milestones. Invoices shall contain a written report of the project progress and the progressed project schedule showing the completion percentages for each task and milestone.

TOLL/PARKING FEES

Any and all tolls and parking fees incurred by the vendor during the term of this contract will be the responsibility of the vendor.

PUBLIC INFORMATION CONSENT

The parties expressly acknowledge that each party is subject to the Texas Public Information Act, Tex. Gov’t Code Ann. §§

552.001 et seq., as amended, and notwithstanding any provision in this contract to the contrary, each party will make any information related to this contract, or otherwise, available to third parties in accordance with the Texas Public Information Act.

COUNTY NOT OBLIGATED TO THIRD PARTIES

Neither the County nor related agencies are obligated or liable under this contract to any party other than vendor. Nothing in this contract is intended to, or shall be deemed or construed to, create or enhance any remedies in any independent rights of any third party, including any subcontractors.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) COMPLIANCE

Vendor agrees that vendor is solely responsible for compliance by employees, or individuals performing services on its behalf under this contract with the final regulations issued by the OSHA governing employee exposure to bloodborne pathogens in the workplace under Section VI(b) of the OSHA Act of 1970, as amended, and regulations effective March 6, 1992, and as may be amended or superseded from time to time (the “Regulations”), including but not limited to responsibility as “the employer” to provide all employees with: (1) information and training about the hazards associated with blood and other potentially infectious materials; (2) information and training about the protective measures to be taken to minimize the risk of occupational exposure to bloodborne pathogens; (3) training in the appropriate action to take in an emergency involving exposure to blood and other potentially infectious materials; and (4) information as to the reasons the employee should participate in hepatitis B vaccination and post-exposure evaluation and follow-up. Vendor’s responsibility with respect to the Regulations also shall include the provision of the hepatitis B vaccination in accordance with the Regulations.

NON-DISCRIMINATION

The parties agree that they will not discriminate on the basis of race, national origin, religion, creed, sex, age, veteran status, or handicap in either the selection of employees for provision of services under this contract, or as to any aspect of services provided pursuant to this contract; provided, however, that with respect to handicap, the handicap must be such as would, even with reasonable accommodation, in and of itself preclude the individual’s effective delivery of services under this contract.

INDEPENDENT CONTRACTOR

The parties hereby acknowledge that they are independent contractors, and neither the vendor nor any of its agents, representatives, personnel, staff, or employees shall be considered agents, representatives, or employees of Harris County.

In no event shall this contract be construed as establishing a partnership or joint venture or similar relationship between the parties hereto. Vendor agrees that it is and shall be liable for its own debts, obligations, acts and omissions, including the payment of all required withholding, social security, and other taxes or benefits including worker’s compensation insurance.

Vendor agrees to assure that no employee or any other individual who performs services on behalf of vendor pursuant to this contract shall look to Harris County for any salaries, insurance, or other benefits whatsoever. The provisions of the paragraph shall survive expiration or termination of this contract regardless of the cause of such termination.

POTENTIAL CONFLICT OF INTEREST

Notwithstanding any other requirements contained in the General Requirements section, the Potential Conflicts of Interest section specifically disqualifies any consultant, contractor and or any other entity who may have been a contributor to the creation of this RFQ from proposing on this RFQ and shall constitute a “prohibited proposal”.

SUBCONTRACTOR

Should the awarded vendor use any subcontractor(s) to perform the physical services required under this contract and the total contract amount proposed exceeds $25,000, the vendor shall be required to obtain a payment bond for the total amount of the vendor’s proposal. The payment bond shall remain in effect for the entire initial term of the contract. For the purposes of this RFQ, a subcontractor shall include anyone performing any Work or Services under the resulting contract not directly employed by vendor. Subcontractor includes but is not limited to, personnel provided by staffing agencies or other means, personnel in direct contractual relationship with vendor, or those being paid as 1099 personnel. Where appropriate, it shall also mean trade vendors.

By law, any subcontractor used on any Harris County contract/job must be paid by the awarded vendor. Any cost associated with the payment bond must be included in the costs associated with this contract. A new payment bond will be required each year the contract is renewed. Harris County will provide the appropriate bond documents to the awarded vendor to complete and submit prior to commencing any work.

BOND

If successful vendor utilizes a subcontractor, successful vendor is required to furnish a payment bond in the amount of 100% of proposal within ten (10) days of the award. The payment bond must remain in effect for the duration of the contract including renewals. Upon award, Harris County Purchasing will send awarded vendor a payment bond application.

DATA BREACH OR SUSPECTED BREACH

Vendor shall have policies and procedures in place for the effective management of information security. In the event that vendor discovers a “security incident,” the vendor agrees to notify the County as soon as possible, but in no event shall notification occur later than 24 hours after discovery. “Security incident” is defined by Sec. 2054.603 of the Texas Government Code to include (i) a breach or suspected breach of system security (as defined by Sec. 521.053, Texas Business and Commerce Code), and (ii) the introduction of ransomware (as defined by Sec. 33.023, Texas Penal Code) into a computer, computer network, or computer system. Vendor shall provide notifications required by this clause to the County’s Chief Information Officer at 713-274-4444 or svcitchd@hctx.net.