14-Special Requirements.pdf

SPECIAL REQUIREMENTS/INSTRUCTIONS

The following requirements and instructions supersede General Requirements where applicable.

VENDOR INSTRUCTIONS

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

• 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, marked with the section number should separate each section.

• Vendors may submit electronically through Bonfire or via hardcopy to 1111 Fannin, 12th Floor, Houston, TX

77002 no later than the due date and time as stated on the Bonfire Opportunity.

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: Scope of Service/Narrative of Proposed Services

• Describe proposed methodology and approach to the project, including a description of your understanding of the project.

• Provide the greatest amount of meaningful detail as possible to describe the proposed products/ services and specific deliverables. Indicate if vendor can meet expectations and scope of services described in the specifications, or if specifications can only be met under certain conditions or circumstances. Include the description of optional value-added services and unique features of the proposal that would provide greater benefit to the Harris County.

• Provide a timeline indicating deliverables, vendor responsibilities and resources needed from Harris County.

• Define reporting capabilities including monthly management reports, comprehensive invoicing, notification, and electronic capabilities. Include samples of reporting procedures and any standard reporting forms provided to the customer, and additional programs available to customers.

• Provide safety record, Experience Modification Rating (EMR) for each of the past three (3) calendar years and describe safety experience working on construction projects of similar scope. The safety record should be supported by accurate and verifiable date,

• Vendor shall include a list of any potential subcontractors, professionals and suppliers that may be utilized under this contract

• Describe any professional liability limits,

• Describe any other consultant relationships,

• Describe and/or include information concerning warranty,

• The vendor selected for this contract must provide a 100% performance and/or payment bond for the entire amount of the estimated contract value. Provide a letter from the bonding company demonstrating your ability to satisfy this requirement.

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 – BidTable(s) shall be uploaded to Bonfire in an Excel format under the Requested Information section of this solicitation.

Section IV: Organizational Information/Qualifications

• Consultant/firm history, background, and principal officers

• Company organization chart

• Description of project team organization; names and resumes of team members and the role of each team member that will be assigned to the proposed services.

• Licenses/accreditations

• References

• Provide documentation of experience and training in applying Interim Life Safety Measures (ILSM) and the use of Infection Control Risk Assessment (ICRA) techniques. Consideration will be made for infection control procedures,

• Detailed project execution plan, or methodology, that discusses principles, practices, and procedures to be used by the vendor in implementing associated work for this project. The information should include, but not be limited to, a discussion of design services, project mobilization, use of subcontractors (if applicable),

• An organization chart, project manager identification, quality assurance program, safety record, and reporting capabilities. Briefly describe:

o Project mobilization means the time required to have a team in place at the job site once the Purchase Order has been issued, and identification of which skills would be performed by the vendor and by any required subcontractors, o Subcontractor discussions should include information regarding the program that is used to pre-qualify a subcontractor as satisfactory due to their financial stability and technical qualifications. Vendor shall provide detailed information regarding pre-approved subcontractors, such as name of firm, address, phone number, contact, area of specialty(ies), size of work force, and years as a pre- approved subcontractor, o A project organization chart should detail the team to be assigned to Harris County. The organizational chart shall show the chain of command, and the role and responsibility of each member. (The vendor shall keep Harris County up to date with a revised organization chart each time there is a significant change), o Vendor must provide Harris County with a quality assurance program that ensures, at a minimum, the following:

Utilization of proper materials, Utilization of satisfactory workmanship, Correction plan if unsatisfactory materials or workmanship is utilized, That all necessary paperwork, drawings, and documentation follow the job from start to finish and ensure compliance with construction documents approved submittals, request for information (RFI) and change in contracts (CIC), That entire job is complete on time as mutually agreed, and to satisfaction of Harris County, o Vendor must provide Harris County with, at a minimum, monthly computer-generated reports that will provide an overview of the project, showing originally estimated completion date, actual start date, and revised completion date, if any. Revised completion dates must include detailed explanations, Section V: Legal Documents – Include any standard agreement(s) and/or contracts(s) associated with vendor’s response.

Section VI: Questionnaire – Vendor must complete and return all answers to the questionnaire in the order in which they are listed. Failure to do so may result in disqualification.

Section VII: 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 RFP. 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 RFP, 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

All proposals will be examined by an evaluation committee consisting of various Harris County personnel and Harris County Purchasing.

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

While Harris County appreciates a brief, straightforward, concise reply, the proposer must fully understand that the evaluation is based on the information provided. Accuracy and completeness are essential. Omissions, ambiguous and equivocal statements may be construed against the proposer. The proposal response may be incorporated into any contract which results from this RFP, and vendors are cautioned not to make claims or statements it is not prepared to commit to contractually. Failure of the vendor to meet such claims will result in a requirement that the vendor provide resources necessary to meet submitted claims.

Harris County Purchasing may initiate discussions with selected vendors; however, discussions may not be initiated by vendors. Harris County Purchasing expects to conduct discussions with vendor’s representatives authorized to contractually obligate the vendor with an offer. Vendors shall not contact any Harris County personnel during the RFP 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 Harris County personnel or distributed any literature without authorization from Harris County Purchasing.

All correspondence relating to this RFP, 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 RFP shall be coordinated by Harris County Purchasing.

Selected vendors may be expected to make a presentation/product demonstration to an evaluation committee. Proposals, 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 Qualifications/Experience with Local Government (Section II)……………………………………………….25%

• Organizational Information/Qualifications (Section IV)……….…………………..…………………….……………10%

• Safety Record (Section II)…………………………………………………………………………………………….10%

• Fiscal and Bonding Capacity (Section II)……...…………...………………………………………………...……......20%

• Pricing (Section III).…………………..…………………………………………………………………………...….30%

• Vendor Presentation……………...……………………………………….…………………………………………....5%

Submission of a proposal implies the vendor's acceptance of the evaluation criteria and vendor’s recognition that subjective judgments must be made by the Evaluation Committee.

AWARD

No award can be made until approved by Harris County Commissioners Court. This RFP 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.

Harris County intends to award this project per Region. Vendors may choose to bid on a specific Region or all Regions.

The County may also award more than one (1) vendor as “Primary” and “Secondary” vendor per Region. The “Secondary” vendor will be utilized due to time constraints, availability, etc. This proposal or the Commissioners Court approved award to the vendor(s) for the requirements stated in this solicitation does not obligate Harris County to the eventual purchase of any product/service described, implied or which may be proposed.

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:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm prior to submitting your response. Failure to do so may result in disqualification of your response.

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.

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm mailto:VENDORINVOICES@HCTX.NET

TOLL/PARKING FEES

Any and all toll/parking FEES incurred by the vendor during the term of this contract will be the responsibility of the vendor.

WARRANTY

Vendor warrants all services and workmanship performed and shall conform to the requirements of the Specifications.

All items furnished shall conform to the requirements of the contract and shall be free from defects in design materials and workmanship. All applicable manufacturer warranties shall be granted to Harris County.

USAGE REPORTS

Harris County reserves the right to request, and receive at no additional cost, up to two (2) times during the contract period, a usage report detailing the products and/or services furnished to date under a contract resulting from this RFP.

The reports must be furnished no later than five (5) working days after written request and itemize all purchases to date by Harris County department, description of each item purchased, including manufacturer, quantity of each item purchased, per unit and extended price of each item purchased, and total amount and price of all items purchased.

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.

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 RFP from proposing on this RFP 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 RFP, 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 may be 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.

ADDITIONAL REQUIREMENTS

The rates quoted on the BidTable (bid pricing sheets) within Bonfire must be all-inclusive. “All-inclusive" shall be construed as costs incorporating all charges for labor, material, equipment, delivery 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.

PREVAILING WAGES

In accordance with Section 2258 of the Texas Government Code, contractor and any subcontractor hired by contractor for the construction of any project, shall not pay less than the rates set forth in the Schedule of Prevailing Wages attached and incorporated by reference in each Project Manual. Contractor warrants that it and its subcontractors shall comply with all requirements and worker ratios per the applicable Schedule of Prevailing Wages and Texas state law.

Contractor shall submit certified payroll of contractor and all subcontractors on a weekly basis. At the County’s request, contractor shall make available and shall require its subcontractors to make available, copies of cancelled checks and check stubs for comparisons by the County or its agents.

County reserves the right for its agents to visit the project site and to interview contractor, its subcontractors and employees of each on any date or time, as often as desired during the construction period, without prior notification.

County will ascertain if proper wage rates are being paid to the employees as required by the Project Manual. In the event of a discrepancy between the work performed and the wages paid, County will document same and notify contractor. All initial determinations of the classification of workers or the appropriate prevailing wage shall be made by the Harris County Contract Compliance Officer. Her determinations shall be binding.

If, for any length of time and as determined by the Harris County Contract Compliance Officer, discrepancies appear between the certified payrolls and the actual wage paid, County shall require check stubs to be attached to each weekly certified payroll. Pursuant to TEX. GOV’T CODE ANN. §2258.051, the County reserves the right to withhold any monies due contractor until such discrepancy is resolved and the necessary adjustment made. Contractor shall also pay a penalty in accordance with TEX. GOV’T CODE ANN. § 2258.023(b), of Sixty and No/Dollars ($60.00) per day per person per incident that such person is underpaid. Contractor shall impose these same obligations upon its Subcontractors. Contractor understands that with monthly certified payrolls, contractor is responsible for any and all penalties that shall accrue during the month, regardless of the fact that any error could not be discovered by the Contract Compliance Officer until the following certified payroll.

CONTRACT TRANSITION

In the event services end by either contract expiration or termination, it shall be incumbent upon the vendor to continue services, if requested by Harris County Purchasing, until new services can be completely operational. The vendor acknowledges its responsibility to cooperate fully with the replacement vendor and Harris County to ensure a smooth and timely transition to the replacement vendor. Such transitional period shall not extend more than ninety (90) days beyond the expiration/termination date of the contract, or any extension thereof. The vendor shall be reimbursed for services during the transitional period at the rate in effect when the transitional period clause is invoked by Harris County. During any transition period, all other terms and conditions of the agreement shall remain in full force and effect as originally written.

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.

TEXAS CRIMINAL JUSTICE INFORMATON SYSTEMS (CJIS) ACCESS POLICY CONTRACTOR

PERSONNEL CRIMINAL HISTORY RECORD INFORMATION

To be in compliance with FBI/CJIS requirements, Harris County conducts State and National criminal history checks using fingerprint identification on employees that access/utilize or initiate transmission of Texas Crime Information Center (TCIC) / National Crime Information Center (NCIC) information. Criminal history background searches are done to determine contract services with Universal Services.

FBI/CJIS eligibility requirements are:

Felony Conviction Permanent Disqualifier Felony Deferred Adjudication Permanent Disqualifier Class A Misd. Conviction Permanent Disqualifier Class A Misd. Deferred Adjudication Permanent Disqualifier Class B Misd. Conviction Disqualifier for 10 years Class B Misd. Deferred Adjudication Disqualifier for 10 years Open Arrest for Any Criminal Offense (Felony or Misdemeanor) Disqualifier until disposition Family violence Conviction Permanent Disqualifier

A criminal history search authorization form will be provided to awarded vendors, which must be completed by temporary staff as a condition of work for Harris County.