23-Federal RFP General Requirements and Specifications.pdf

Revised 01/30/2024

GENERAL REQUIREMENTS AND SPECIFICATIONS FOR INVITATION FOR

REQUEST FOR PROPOSALS

TABLE OF CONTENTS

I. INTRODUCTION

II. TIMETABLE

III. SUBMISSION INSTRUCTIONS

IV. FORMAT & CONTENT OF PROPOSALS

V. EVALUATION & AWARD PROCEDURES

VI. GENERAL PROVISIONS

VII. SCOPE OF SERVICES & REQUIREMENTS

VIII. CONTRACT REQUIREMENTS & PAYMENT

IX. ATTACHMENTS

☒ Attachment A – Proposal & Addenda Acknowledgement

☒ Attachment B – Pricing Form

☒ Attachment C – Certification Regarding Lobbying

☒ Attachment D – Statement of Offeror Qualifications

☒ Attachment E – Subcontractor Listing Form

☒ Attachment F – References

☒ Attachment G – Contractor Profile

☒ Attachment H – Performance Bond for Public Works Contracts over $100,000

☐ 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

☐ 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 – Policy for Payment

☒ Attachment BB – BABAA Self-Certification Form

☒ Attachment CC – Bid Guaranty and Performance

☒ Attachment DD – Bid Bond and Bid Check Authorization Form

☒ Attachment EE – Drawings

☒ Attachment FF – 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, construction, 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.

Contracts anticipated to be awarded pursuant to this Request for Proposals (“RFP”) shall be funded, in whole or in part, with Federal grant monies. Harris County is authorized to use the competitive proposal method of procurement for this contract opportunity in accordance with 2 CFR 200.320(d).

Harris County is an Affirmative Action/Equal Opportunity Employer. The County reserves the right to negotiate with any and all individuals or firms that submit a Proposal. 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 Proposals.

A. PROJECT DESCRIPTION & SERVICES

The following is a project description of the services required by the County and solicited pursuant to this RFP. As used herein, the term “Contractor” shall mean and refer to the Offeror selected pursuant to this RFP process that enters into a contract with Harris County.

Design, Provide, and Install Artistic Park and Playground Improvements at Riley Chambers Park and Highlands Park for Harris County Precinct 3

B. PROJECT SCHEDULE

Vendor shall be required to start conceptual design of the project within two (2) weeks from the notice to proceed date for the project. Once conceptual design starts, the project must be substantially complete within 120 days from the notice to proceed date. No additional days will be given for inclement weather.

Damages for failure to be substantially complete within the 120 day period shall be assessed at $500.00 a day. All punch list work shall be completed within ten (10) days of notification.

II. TIMETABLE

A. PRE-PROPOSAL CONFERENCE

1. There will be a Pre-Proposal Conference on December 3, 2025, 9:00 AM CST. The Pre-Proposal Conference will begin on time and as scheduled at 808 ½ Magnolia Ave., Crosby, TX 77532;

check-in required. Immediately following the Pre-Proposal Conference, site visits will be conducted to inspect the locations at 808 ½ Magnolia Ave., Crosby, TX 77532 and 604 Highland Woods Dr., Highlands, TX 77562. Should you wish to attend, contact Amber Seastrunk at the Office of the Purchasing Agent, via email at Amber.Seastrunk@pur.hctx.net by December 1, 2025, at 12:00 PM CST. Attendance is not mandatory; however, all vendors are encouraged to attend in order to have a better understanding of the requirements of this RFP. No additional tours will be mailto:Amber.Seastrunk@pur.hctx.net offered. The Pre-Proposal Conference will not be rescheduled due to tardiness or any other issues that may arise; no exceptions. Vendors that are unable to attend are encouraged to review site conditions at each of the locations to familiarize themselves with the selected parks and playground areas.

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-Proposal Conference.

Due to space constraints, Harris County requests that Offerors limit their firms’ attendance at the Pre-Proposal Conference to two company representatives.

2. Regardless of whether or not Offerors attend the Pre-Proposal Conference, Offerors are responsible for fully acquainting themselves with the instructions, mandatory requirements, and standard terms and conditions set out in this RFP, as well as the conditions of the Project site(s), if applicable, and for informing themselves with respect to subcontracting availability, means of transportation, 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 Services. It the responsibility of each Offeror to fully understand the facilities, difficulties and restrictions which may impact the cost or effort required to provide the Services.

B. QUESTIONS

It is the responsibility of each Offeror to examine the entire Request for Proposals package, seek clarification in writing, and review Proposal for accuracy before submitting. It is the responsibility of each Offeror before submitting a Proposal, to:

1. Examine the Request for Proposals Documents thoroughly; and

2. 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.

During the period between issuance of this RFP and the Proposals due date, no oral interpretation of the RFP’s requirements will be provided to any prospective Offeror. Requests for interpretation (and other questions) must be made in writing by the questions deadline via Bonfire. The deadline for submission of questions relating to this RFP is December 5, 2025, no later than 12:00 PM CST.

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 Proposal shall constitute an incontrovertible representation by Offeror that Offeror has complied with the RFP requirements and that without exception, the Proposal is premised upon Offeror’s ability to meet the mandatory requirements detailed in the Request for Proposals Documents and that the provided documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Services.

C. ADDENDA

Prior to the Proposal deadline, Harris County may wish to amend, add to, or delete from the contents of this Request for Proposals. Harris County may also issue clarifications resulting from questions submitted. In such situations, Harris County shall issue an Addendum to the RFP setting forth the nature of the modification. Once an Addendum is issued, it will be uploaded to Bonfire, and all Offerors who have downloaded the RFP will be notified via email that an Addendum is ready to be downloaded.

D. EXTENSIONS

The County reserves the right to extend the Proposals due date and time prescribed above. However, unless the County issues a written Addendum to this RFP that extends the Proposals due date and time for all Offerors, the Proposals due date and time prescribed above shall remain in effect.

E. PROPOSAL DEADLINE

Proposals must be mailed or hand-delivered, on or before 2:00 PM on Monday, December 15, 2025, to the authorized agency contact person at the location listed below.

Authorized Agency Contact Person: Amber Seastrunk

(713) 274-4399

Harris County Purchasing

1111 Fannin St., 12th Floor

Houston, TX 77002

Amber.Seastrunk@pur.hctx.net

SCHEDULE SUMMARY

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

RFP Release Date November 14, 2025

Pre-Proposal Conference December 3, 2025

Submission of Questions Deadline December 5, 2025

Proposals Submission Deadline December 15, 2025

Evaluations & Presentations* (if applicable) TBD

*Harris County may elect not to ask for Presentations from Offerors*

This timetable may be modified based on number of Proposals received and extent of evaluation, presentation, and negotiation timeframes.

III. PROPOSAL INSTRUCTIONS

A. OFFEROR ACKNOWLEDGEMENTS

1. By submitting a Proposal in response to this RFP, Offeror accepts the solicitation process as it has been outlined in this RFP.

2. All proposals 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 proposal.

3. Harris County will not be liable and shall not compensate any Offeror for any costs incurred by Offeror in preparing a response to this Request for Proposals (RFP). Offerors 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. By submitting a Proposal, Offeror acknowledges and accepts that reference checks and/or background investigation may be conducted as a part of the due-diligence process.

4. Offerors must sign Attachment A, Proposal & Addenda Acknowledgement, and include with their proposal submission. Offerors are responsible for consulting the requirements and standards referenced in this RFP. Failure of Offeror to 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.

5. In cases where Addenda are issued under this solicitation, Offeror must ensure all Addenda are reflected within the Proposal & Addenda Acknowledgement document, and Offeror must sign and submit the actual Addenda documents with their proposal. All Addenda shall become a part of the requirements for this RFP. In signing and submitting the Proposal & Addenda Acknowledgment with its proposal, Offeror acknowledges that it has examined all documents, attachments, forms, standards, addenda, and all instructions. The County may deem a proposal non-responsive for failure of Offeror to acknowledge any and all Addenda.

6. Award will be made to the responsible firm whose proposal is the most advantageous to the County, with price and other factors considered.

7. By submitting a Proposal, Offerors accept and acknowledge that determination of the best evaluated firm may require subjective judgments by the County.

8. READ THIS ENTIRE DOCUMENT CAREFULLY AND FOLLOW ALL

INSTRUCTIONS. OFFEROR IS RESPONSIBLE FOR FULFILLING ALL

REQUIREMENTS.

B. PROPOSAL SUBMISSION OPTIONS

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

C. HARD COPY RFP SUBMISSION

1. Hard copy Proposals must be hand-delivered or mailed to:

HARRIS COUNTY PURCHASING AGENT

1111 Fannin Street, 12th Floor

HOUSTON, TEXAS 77002

Buyer: Amber Seastrunk, (713) 274-4399, Amber.Seastrunk@pur.hctx.net

Proposals must be sealed and must show the RFP Number, Description and be marked “SEALED

PROPOSAL”.

2. Proposal packages must include:

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

THREE (3) copies of the Proposal package, clearly marked “COPY”

• Each copy must be marked “SEALED PROPOSAL” and submitted in separate three-ring, loose-leaf binders with the following clearly marked on the front binder cover:

o Identification of Offeror;

o The job or solicitation number as located on the RFP cover sheet; and o The RFP title.

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

Proposal must indicate for which contract opportunities Offeror is submitting.

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

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

Offerors should prepare and submit a Table of Contents for the Proposal being submitted. The Table of Contents must list all sections and the contents of each section.

D. ONLINE RFP SUBMISSION (PREFFERED METHOD)

1. Offerors choosing to submit Qualifications in digital format may electronically submit offers through Bonfire (https://harriscountytx.bonfirehub.com/portal/), which is a third-party online provider website and facilities the bid management process. Offers submitted via e-mail will be rejected.

Offers must include:

• ONE (1) complete Offer.

• Offers must indicate for which contract opportunities the Offeror is submitting.

2. If Offeror elects to submit its offer electronically, it is the responsibility solely of Offeror to see that its offer is properly submitted in proper form and prior to the stated closing time. THE

ELECTRONIC BID MANAGEMENT SYSTEM WILL NOT ACCEPT LATE SUBMISSIONS.

The County will only consider offers that have transmitted successfully and have been issued a confirmation number with a time stamp from Bonfire indicating that the offer was submitted successfully. Offerors 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 Offeror to successfully submit an electronic offer shall be at the Offeror’s sole risk, and no relief will be given for late and/or improperly submitted offers.

3. Offerors 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 offer submission date and/or time.

E. LATE PROPOSALS; PROPOSAL RETURNS

Proposals 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 Proposals. Late Proposals will be rejected. If a solicitation is cancelled, submitted Proposals will not be returned.

F. SCANNED OR RE-TYPED RESPONSE

If in its response, Offeror either electronically scans, re-types, or in some way reproduces the County’s published RFP package, then in the event of any conflict between the terms and provisions of the County’s published RFP package, or any portion thereof, and the terms and provisions of the response made by https://harriscountytx.bonfirehub.com/portal/ https://support.gobonfire.com/hc/en-us/categories/360000773733-Vendors

Offeror, the County’s RFP package as published shall control. Furthermore, if an alteration of any kind to the County’s published RFP package is only discovered after the Contract is executed and is or is not being performed, the Contract is subject to immediate cancellation.

G. REQUIRED PROPOSAL DOCUMENTS & INFORMATION

Offeror’s Proposal 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 Offeror’s Proposal in order for the Proposal to be considered complete. Offerors are asked to review the documentation to ensure all applicable parts are included. If any portion of this RFP or its attachments are missing, notify the Purchasing Department immediately. Offeror should be thoroughly familiar with all of the following items applicable to the Request for Proposals before submitting an offer.

☒ 1.

Proposal & Addenda Acknowledgement – Offeror must sign and submit the RFP & Addenda Acknowledgement form, included as Attachment A.

☒ 2. Pricing – Offeror must provide pricing in the manner requested by Harris County in the RFP.

☒ 3. Experience & Qualifications – Offeror must provide their qualifications and experience as requested by the RFP.

☒ 4. Capacity & Resources – Offeror must demonstrate sufficient capacity and financial resources as requested by the RFP.

☒ 5.

Organization & Project Methodology – Offeror must provide information about their organization and project methodology as requested by the RFP.

☒ 6. Certification Regarding Lobbying – Offeror must sign and submit the Certification Regarding Lobbying form, included as Attachment C.

☒ 7.

Certificate of Interested Parties (Form 1295) – Pursuant to Texas Government Code § 2252.908, Offerors must complete and submit Form 1295, Certificate of Interested Parties, prior to the proposal deadline using the following website:

https://prd.tecprd.ethicsefile.com/TECCertInt/pages/login/certLogin.jsf Offerors 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 Proposal.

☒ 8.

Statement of Offeror Qualifications – Offeror must complete and submit the Statement of Offeror Qualifications form, included as Attachment D.

☒ 9.

Offeror and Subcontractor Licensing / Certifications – Offeror must submit any applicable licensing and/or certifications required for the completion of the scope of services under this

RFP.

☐ 10. Form SF-330 – Architect-Engineer Qualifications (if applicable) – Offeror must complete and submit Form SF-330 – Architect-Engineer Qualifications for any work requiring https://prd.tecprd.ethicsefile.com/TECCertInt/pages/login/certLogin.jsf

Architects or Engineers, which can be downloaded at https://www.gsa.gov/forms-library/architect-engineer-qualifications.

If applicable, Offerors must submit a completed Form SF-330 – Architect-Engineer Qualifications for each of the subcontractors proposed to be used in the completion of the Contract.

☒ 11. Subcontractor Listing Form – Offeror must complete and submit the Subcontractor Listing Form, included as Attachment E.

☒ 12. References – Offeror must complete and submit the References form, included as Attachment F.

☒ 13.

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

☐ 14.

Section 3 Bid Requirements – Offeror must complete and submit the Section 3 Utilization Plan & Statement of Compliance (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 Offerors 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 Proposal.

☒ 15.

Certification or documentation that Offeror, or its subcontractor(s), is HUB-certified by the Texas Comptroller of Public Accounts or the local MWBE office in their jurisdiction

☒ 16.

Conflict of Interest Questionnaire – Offerors who enter or seek to enter into a contract with Harris County must disclose Offeror’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 Offeror becomes aware of facts that require the statement to be filed.

☒ 17.

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

☒ 18.

System for Award Management results – Offeror 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). Offeror must enclose a print out of the search results that includes the record date.

☒ 19.

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

https://www.gsa.gov/forms-library/architect-engineer-qualifications

☐ 20.

GLO Compliance Package – This project is funded in whole or in part by the Texas General Land Office (GLO). As such, Offeror must also complete and submit the following documents with their Proposal:

1) GLO Compliance Package o GLO Contractor Proposal Certification o GLO Certification of Offeror Regarding Civil Rights Laws and Regulations

GLO Contractor Certification of Efforts to Fully Comply with Employment and Training Provisions of Section 3

☐ 21.

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, included as Attachment Y.

☒ 22.

Build America, Buy America Act (BABAA) Self-Certification Form – This project is funded through a FEMA financial assistance program subject to BABAA. Contractor(s) and subcontractor(s) must sign and submit the Build America, Buy America Act (BABAA) Self- Certification Form.

☒ 23. Bid Bond and Bid Check Authorization Form - Offeror must sign and submit the Bid Bond and Bid Check Authorization Form, included as Attachment DD.

☒ 24. Harris County Minimum Wage Certification - Offeror must complete and submit the Harris County Minimum Wage Certification form, included as Attachment FF.

IV. FORMAT AND CONTENT OF THE PROPOSAL

A. PROPOSAL REQUIREMENTS

Harris County shall evaluate each Offeror in terms of its:

a. Professional qualifications necessary for satisfactory performance of required services;

b. Specialized experience and technical competence in the type of work required, including, where appropriate, experience in energy conservation, pollution prevention, waste reduction, and the use of recovered materials;

c. Past performance on contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules.

Contractor providing the services must:

1. Be led by a principal or partner of an established professional firm or organization;

2. Have a minimum of five (5) years experience providing similar types of service;

3. Have demonstrated ability to work successfully with government including:

a. No previous record of default on a government contract;

b. No applicant entity, or principal thereof, may be awarded a Federal contract if subject to a debarment, suspension, or limited denial of participation under 24 CFR Part 24;

c. 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; and

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

B. CONTENT OF THE PROPOSAL

The Proposal shall address the areas listed below in the order given. The responses provided will be the basis for evaluation of the Offeror. The Proposal must include firm experience and qualifications, capacity and resources, organization and project methodology, as well as any other information that the Offeror feels appropriate to include in its Proposal.

Mere reiterations or paraphrasing of provisions/requirements as detailed in the RFP are strongly discouraged, as they do not provide insight into Offeror’s ability to meet the requirements and qualifications as detailed in this RFP.

1. FIRM EXPERIENCE & QUALIFICATIONS

Offeror must describe the overall qualifications of its firm to complete the scope of services as described. Offeror must describe the specific relevant successful experience of the firm and, if applicable, that of each subcontractor. Include a thorough description of other relevant projects, which demonstrate the firm’s past performance and ability to carry out the Scope of Services similar to the one described in this RFP. Offerors should provide a minimum of five (5) recent examples of similar projects completed on time and on budget. Offerors should demonstrate specialized experience or technical expertise in connection with the Scope of Services to be provided and in consideration of the complexity of the project. Specific experience or qualifications required under this RFP include:

A complete description of capability and history of the vendor, showcasing projects of similar size and scope completed.

Offeror must complete the References form, included as Attachment F, and provide the organization’s name, contact information, and the services provided to that organization. Offeror must also complete the Statement of Offeror Qualifications form, included as Attachment D. Responses should be as thorough and definitive as possible. Indicate if there are certain conditions or circumstances that may change Offeror’s response. If design work is involved, Offeror must provide evidence that the Architectural/Engineering firm (whether that be the Offeror or its subcontractor) is currently registered in the State of the project’s location and carries Errors and Omissions insurance (Note that this is a yes or no criterion: if the answer is no, the firm is disqualified, not point-scored).

Offeror must provide its demonstrated experience completing projects of similar size and scope.

Offeror should demonstrate its knowledge, experience, and ability to comply with local building codes, Texas and Harris County requirements, and all federal codes, policies and regulations applicable to this project. Offeror must demonstrate past performance in terms of cost control, quality of work, and compliance with performance schedules.

Project Team: Identify Offeror’s proposed project team (including subcontractors), throughout the term of the contract, to perform the required services. Resumes of the proposed key personnel, detailing managerial and technical qualifications, shall be included. Resumes shall include academic qualification, professional experience, and professional license if applicable, with supporting documents. Project team and subcontractor information should include years of experience relevant to the scope of services, anticipated role on the project, and their credentials, licenses and accreditations.

Particular attention and appropriate evaluation credit will be given to the track record of the proposed key personnel in successfully completing projects of comparable scope and complexity to that described in this RFP.

For any work which may involve or require Architects or Engineers, Offerors must submit Form SF- 330 – Architect-Engineer Qualifications (found at https://www.gsa.gov/forms-library/architect-engineer-qualifications). If applicable, Offeror must submit a completed Form SF-330 – Architect- Engineer Qualifications for each of the subcontractors proposed to be used in the completion of the Contract (Harris County must approve the actual subcontractors prior to their use).

2. FIRM CAPACITY & RESOURCES

Offeror must demonstrate its firm’s capability in terms of quality of requested skills and projects, capabilities and current workload including other disaster-related projects and administration of public and federally compliant contracts.

Indicate if Offeror can meet the requirements, or if the requirements can be met only under certain conditions or circumstances. If Offeror is not able to meet the requirements, briefly explain why, noting any concerns or issues Harris County should be aware of.

Offeror must demonstrate ability to provide personnel, managerial, and other resources as and when required to meet the project’s objectives. Offeror must demonstrate its overall staffing size and capacity of the organization to perform the work within time limitations, taking into consideration the current and projected planned workloads of the firm. Offeror must provide a summary/matrix of the staff identified/designated to support Harris County, and must demonstrate clear understanding of an effective organizational approach to the management of multiple concurrent projects for the stated Scope of Services.

Offeror must establish that it has sufficient financial strength, resources, and capability to accomplish and finance the work in a satisfactory manner. To demonstrate sufficient fiscal capacity, after Proposals are opened but prior to award, Offeror may be required to submit, upon request, the following:

• List Offeror’s total annual billings for each of the past five (5) calendar years.

• Financial references.

• Financial statements that include a balance sheet, audited annual statement, and income statement.

Failure to submit additional requested documentation, within the requested time period, may deem your firm non-responsive.

3. FIRM ORGANIZATION & PROJECT METHODOLOGY

Offeror should provide a detailed project execution plan, or methodology, that discusses principles, practices, and procedures to be used by Offeror in implementing associated work for this project. The information should include, but not be limited to, a discussion of services, project mobilization, use of subcontractors (if applicable), a project organization chart, project manager identification, quality assurance program, safety record, and reporting capabilities.

• Project mobilization means the time required to have a team in place once the Purchase Order has been issued, and identification of which skills would be performed by Offeror and by any required subcontractors;

• Information regarding the method that is used to qualify a subcontractor as satisfactory.

• A project organization chart detailing 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 successful Offeror shall keep Harris County up to date with a revised organization chart each time there is a significant change).

• Description of the firm’s philosophy, approach(es) and preferred methods for meeting requirements and/or deliverables of this Request for Proposals (RFP).

• Graphic renderings showing the complete installation. Renderings shall include graphics of proposed artwork.

• A breakdown of the artwork for each park.

• A description of the proposed schedule including how the project would be organized and built.

• Up to two (2) playground/artwork design proposals from each vendor will be accepted. The primary purpose is to illustrate the vendor’s design methodology, creative approach, and qualifications as they relate to the project’s objectives. Each proposal should include graphic renderings showing the proposed features and layout, a brief design narrative, and a preliminary list of playground surfaces and equipment.

• Anticipated lead time for project delivery. The lead-time for material and proposed schedule is to be included.

• The cost of the proposal shall include the artwork and performance bonds and shall not exceed $100,000.00.

4. PRICING

Prices for all goods and/or services shall be firm for the duration of the Contract and shall be provided as requested or in the Pricing Form, if applicable, included as Attachment B. No price or rate changes, additions, or subsequent qualifications will be honored during the course of the contract. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the successful Offeror and included in the proposal prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, Offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails.

V. EVALUATION & AWARD PROCEDURES

A. NONCONFORMING PROPOSALS

Proposals that are incomplete, contain material irregularities or include alterations to terms and conditions that do not conform to the terms and conditions of the RFP, or otherwise do not comply with the requirements of the RFP, may be deemed 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 Offeror, by total, by group, by item and/or to reject any or all Proposals if there is a sound documented reason.

B. EVALUATION PROCESS

All Proposals will be examined by an evaluation committee consisting of various Harris County personnel and Harris County Purchasing staff (hereafter “Evaluation Committee”) and graded according to the selection criteria set out below. Harris County will select the responsible Offeror that, in the opinion of Harris County, has been determined to have submitted the best evaluated offer resulting from negotiations and taking into consideration all aspects of evaluation criteria and has been determined to be the most advantageous to the County.

In conducting evaluations, Harris County shall consider the weighted value for each selection criteria (see “Evaluation Criteria” below for details regarding weighting of each aspect of the criteria), and the Evaluation Committee’s rankings. Offeror that offers the lowest cost may or may not be Offeror that submits the best evaluated proposal, depending on the evaluation criteria.

Proposals that do not conform to the instructions or which do not address all the requested services as specified may be considered non-responsive. 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 and concise reply, Offeror must fully understand the evaluation is based on the information provided. Accuracy and completeness are essential. Omissions, ambiguous and equivocal statements may be construed against Offeror. The proposal response may be incorporated into any contract which results from this RFP, and Offerors are cautioned not to make claims or statements they are not prepared to commit to contractually. Failure of Offeror to meet such claims will result in a requirement that Offeror provide resources necessary to meet submitted claims.

Harris County may conduct negotiations with Offeror representatives authorized to negotiate on Offeror’s behalf with the County in connection with this solicitation. If Offeror is unable to agree to contract terms and conditions, Harris County reserves the right to terminate contract negotiations with that Offeror and initiate negotiations with another Offeror.

Evaluation shall be used as a determinant as to which proposed items or services are the most efficient and/or most economical for the County. It shall be based on all factors which have a bearing on price and performance of the items in the user environment, in accordance with the evaluation criteria. Compliance with all requirements, delivery and needs of the using department are considerations in evaluating proposals.

C. BASIS OF AWARD

Pursuant to 2 CFR 200.320(d)(4), Harris County shall award the Contract to the responsible Offeror whose Proposal is the most advantageous to the County, and whose Proposal is determined to be the best evaluated offer resulting from negotiations and taking into consideration all aspects of evaluation criteria, with price and other factors considered.

Contract award shall be subject to the timely completion of contract negotiations between the County and the selected Offeror(s). 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 formality or irregularity, to make awards to more than one Offeror, by total, by group, by item and/or to reject any or all proposals.

No award can be made until approved by the 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 a contract.

D. EVALUATION CRITERIA

Evaluation shall be based on all factors in accordance with the evaluation criteria. Submission of a Proposal serves as Offeror’s acceptance of the evaluation criteria and Offeror’s recognition that subjective judgments must be made by the Evaluation Committee:

1. Past Performance .............................................................................................. 40%

Evaluate the proposer’s demonstrated experience in successfully completing civic art projects featuring artistic design through murals and sculptures. Preference will be given to proposals with a portfolio reflecting delivery of high-quality artwork specifically tailored for the respective parks and communities. Experience with grant-funded or civic art projects, including adherence to project timelines and budgets, will be strongly considered.

Proposer demonstrates:

a. Ability to create original, high-quality artwork that is meaningful and reflective of community identity and values.

b. Clear understanding of project scope, goals, budget, and grant deadlines.

c. Clear understanding of and ability to comply with applicable codes, regulations, and safety standards for public spaces and artworks (including ADA where applicable).

d. Clear understanding of and ability to comply with defined grant funding requirements.

e. Successful completion of similar projects by providing three (3) recent examples of civic art projects incorporating artistic design in ground murals, wall murals, and/or public art sculptures completed on budget and on time.

2. Technical Factors ............................................................................................... 25%

Review the practicality of the proposed designs considering materials, installation methods, environmental exposure, maintenance requirements, and safety. The proposal should demonstrate knowledge of appropriate techniques to ensure the longevity and preservation of murals and sculptures. The overall evaluation will emphasize the proposer’s ability to deliver a technically sound, durable, and aesthetically compelling public artwork that meets the County’s standards and project goals.

Proposer demonstrates:

a. Use of appropriate, high-quality materials that withstand local climate conditions and vandalism.

b. Understanding of techniques suited for murals (e.g., paints, sealants) and sculptures (e.g., metals, stone, composites).

c. Detailed, practical plan for safe and efficient installation, including site preparation and handling of large-scale elements.

d. Consideration of ongoing maintenance requirements, ease of conservation, and anticipated lifespan of the artwork.

e. Experience with managing challenges related to site conditions or community requirements.

3. Key Personnel ................................................................................................... 15%

Review the qualifications and relevant experience of those responsible for design, installation, and project management. Emphasis will be on professionals with expertise in recreational design, artistic installation, and coordination with grant or civic art stakeholders. Availability and commitment to meeting project milestones will be important.

Proposer demonstrates:

a. Clear, realistic timeline for design development, community engagement (if any), fabrication, and installation phases.

b. Ability to meet grant deadlines and project milestones.

c. Experience and plan for coordinating with municipal agencies, community groups, contractors, and other partners.

d. Ability to manage time and resources efficiently and control project costs.

4. Pricing ................................................................................................................ 20%

E. DISCUSSIONS & NEGOTIATIONS

Following evaluation of Offerors as described above, Harris County may commence negotiations of contracts with the best evaluated Offeror or Offeror found to be most advantageous to the County with price and other factors considered. All proposals are subject to negotiations by the Purchasing Department and other appropriate departments, with recommendation to the appropriate governing body. Pricing is not the only criteria for making a recommendation.

Proposals may be subjected to the negotiating process. Upon completion of the negotiations, it is intended that Harris County will make an award. All Proposals that have been submitted shall be available and open for public inspection after the contract is awarded except for trade secrets or confidential information contained in the proposals and identified as such.

If a mutually satisfactory contract cannot be negotiated with the highest ranked Offeror at fair and reasonable rates, Harris County shall formally terminate negotiations. Harris County may then initiate negotiations with and obtain prices from the next firm on the final selection list. This procedure shall be continued until mutually satisfactory contracts have been negotiated at fair and reasonable rates.

F. CONTRACT OBLIGATION

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 Offeror. Department heads are NOT authorized to sign agreements for Harris County.

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. Binding agreements shall remain in effect until all products and/or services covered by this procurement have been satisfactorily delivered and accepted.

VI. GENERAL PROVISIONS

A. AUTHORIZATION TO DO BUSINESS IN TEXAS

Offeror 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.

Offeror is 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 licensing requirements i.e. Licensed Electrician). 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, Offeror 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 an Offeror’s business isn’t located in Harris County, Offeror must submit the licenses, certifications, and other documentation required by the locality in which its, or its subcontractors’, business is based.

B. 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 Offeror 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 for a public works project and is expected to exceed $100,000, Offeror may be required to furnish a performance bond to Harris County for the full amount of the contract (TGC 2253.021(1)) within ten (10) days after award of the contract and receipt of performance bond application form. The prescribed Performance Bond Form for public works contracts over $100,000 is found under Attachment H, and is the only form Harris County will accept.

b. If a contract is not a public works project and is expected to exceed $50,000, Offeror may be required to 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.

c. 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, requirements, 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. Harris County may require Offeror to furnish a payment bond within ten (10) days after award of the contract and receipt of payment bond application form. The prescribed Payment Bond form for public works contracts over $25,000 is found under Attachment J and is the only form Harris County will accept.

If the successful Offeror 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 Offeror 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, 1001 Preston, Suite 670, 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…