16-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. A tabbed divider page marked with the section number should separate each section.

• Sections I-VI below must be uploaded under Bonfire’s Requested Information section.

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 the Universal Design principles used to integrate physical, sensory, and cognitive play for children ages two (2) – five (5) and five (5) – twelve (12). Explain how the layout prevents "collision and chaos" between high-energy active zones and low-stimulation quiet retreats.

• Provide color three dimensional (3D) renderings and two dimensional (2D) plan-level diagrams showing equipment placement, use zones, and accessible routes.

• Describe drainage plan.

• Describe approach to the shade structure including materials and weather resistance.

• Detail work progress schedule demonstrating the ability to achieve full turnkey completion by the

September 1, 2026, deadline. Include durations for permitting, fabrication, site preparation, and the curing period for foundations.

• Detail plan for the careful removal and inventory of existing equipment.

Section III: Pricing Information – BidTable(s) shall be uploaded to Bonfire in an Excel format under the Requested Information section of this solicitation. All pricing shall be all inclusive. Vendor shall provide a comprehensive Fee Schedule that explains the projected costs attributed to each project deliverable and line item. The narrative must clarify the connection between anticipated expenses and the implementation approach outlined in Section II. The proposal shall include:

• Separate Itemization of Bond Fees

• Itemized Fee Schedule for the following:

o Site Work o Equipment o Surfacing o Permitting o Audit and Close-Out

Section IV: Organizational Information/Qualifications

• Consultant/firm history, background, and principal officers.

• Company organization chart.

• Names and resumes of team members.

• Licenses/accreditations/certifications.

• A brief history of the firm including demonstrated success in completing at least three (3) playground projects of similar size and technical complexity within the last five (5) years.

• Identify the key personnel who will be assigned to the Harris County account.

• Describe your local service and support infrastructure.

• Identify the Certified Playground Safety Inspector (not employed by the vendor) who will perform the post-installation audit.

• A copy of the tiered manufacturer warranty and a sample maintenance kit/manual. Describe the process for automated work order creation for repairs during the warranty period.

• Documentary evidence of International Play Equipment Manufacturers Association (IPEMA) certification for all proposed equipment and surfacing systems.

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

Section VI: 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 and the following in order of relative importance:

• Design Innovation & Play Value: (Section II) ----------------------------------------------------------------------------- 35%

• Innovation & Creativity: Originality of the proposed equipment and site layout for the five (5) – twelve (12) age group.

• Age-Appropriate Challenge: Play features specifically scaled for the target age groups that challenge upper-body strength, balance, and coordination.

• Safety & Technical Compliance: (Section II) ------------------------------------------------------------------------------ 20%

• Certification Standards: Evidence of IPEMA certification and full compliance with American Society for Testing and Materials (ASTM) F1487-21 and Consumer Product Safety Commission (CPSC) Publication 325.

• Impact Attenuation: Surfacing meeting ASTM F1292 requirements for the critical fall height of all equipment.

• Audit Acceptance: Agreement to a third-party Certified Playground Safety Inspector (CPSI) audit to verify use zones and entrapment safety.

• Lighting: Performance and coverage of proposed lighting.

• Project Methodology, Schedule, & Site Preparation (Section II) --------------------------------------------------------20%

• Subgrade Integrity: Specific protocols for soil compaction and aggregate base installation.

• Shade Engineering: Designs for wind loads (120 miles per hour (mph)) utilizing HDPE fabric with at least ninety percent (90%) UV blockage and a ten (10) -year warranty.

• Drainage Management: Grading plans ensuring one (1) – two (2) percent slope away from play areas to prevent subgrade saturation.

• Timeline Feasibility: Detailed schedule demonstrating project close-out by the October 1, 2026, deadline.

• Vendor Qualifications & Experience and References (Section IV) ----------------------------------------------------- 15%

• Municipal Track Record: Documented experience with Harris County or similar Texas municipalities on playground projects exceeding $100,000.

• Certified Installation: Verification that on-site work shall be performed by factory-trained and insured installers.

• References: Positive performance evaluations from at least three recent projects of similar scale.

• Pricing ------------------------------------------------------------------------------------------------------------------------------ 10%

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.

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.

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

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.

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.

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.

OPTIONAL/VALUE-ADDED PRODUCTS AND/OR SERVICES

Vendor may propose optional/value-added products and/or services. Vendor must identify the use, functionality, and purpose of the optional/value-added item(s), and how Harris County would benefit from electing to procure those item(s). Pricing for proposed item(s) shall be clearly labeled as optional/value-added. Optional/Value-Added Fee Schedule shall be uploaded to Bonfire in an Excel format under the Requested Information section of this solicitation.

mailto:svcitchd@hctx.net