26-65 Design Services for CMP Surfside Jetty Park Waterfront Revitalization.pdf

RFSQ #26-65 DESIGN SERVICES FOR CMP SURFSIDE JETTY COUNTY PARK WATERFRONT REVITALIZATION-FOOTBRIDGES

BRAZORIA COUNTY

PURCHASING DEPARTMENT

237 E. LOCUST STREET, SUITE 406

ANGLETON, TEXAS 77515

TEL: 979-864-1825 FAX: 979-864-1034

BRAZORIA COUNTY

REQUEST FOR STATEMENT OF QUALIFICATIONS COVER SHEET

The REQUEST FOR STATEMENT OF QUALIFICATION (RFSQ) and accompanying documents are for your convenience in submitting an offer for the referenced products and/or services for BRAZORIA COUNTY.

“RFSQ #26-65 DESIGN SERVICES FOR CMP SURFSIDE JETTY COUNTY PARK WATERFRONT REVITALIZATION-

FOOTBRIDGES-GLO CONTRACT NO.25-003-010-E703-COASTAL MANAGEMENT PROGRAM-CYCLE 29”

Sealed Hard Copy or Electronic offers shall be received no later than:

MONDAY, AUGUST 31, 2026, at 11:00 A.M. 11:00 A.M.

*RFSQ OPENING WILL BE AVAILABLE VIA ZOOM. MEETING LINK IS AVAILABLE ON THE PROJECT DETAILS

PAGE IN BONFIRE UNDER “IMPORTANT EVENTS”. BONFIRE LINK:

https://brazoriacounty.bonfirehub.com/portal/?tab=login

IF SUBMITTING AN ELECTRONIC SEALED OFFER:

PREFERRED METHOD IS USING THE “BONFIRE” ELECTRONIC BIDDING PLATFORM.

USE LINK, https://brazoriacounty.bonfirehub.com/portal/?tab=login, CLICK THE HELP BUTTON PROVIDED IN THE BONFIRE WEBSITE AS NEEDED.

IF SUBMITTING A HARD COPY SEALED OFFER:

THE PHYSICAL ADDRESS FOR COURIERS, HAND DELIVERIES AND THE US POSTAL SERVICE IS:

SUSAN SERRANO, CPPO, CPPB

PURCHASING DIRECTOR

BRAZORIA COUNTY COURTHOUSE CAMPUS ADMINISTRATION BUILDING

237 E. LOCUST STREET, SUITE 406

PLEASE USE THE RETURN LABEL PROVIDED WITH THIS SOLICITATION:

**Please note: US Postal Service mailing address

The U.S. mail may not deliver to the physical address shown above. Respondents who prefer to use the U.S. mail may submit their offers using the U.S. Postal Service mailing address shown above.

However, packages delivered by the U.S. Postal Service to the Brazoria County mailing address are subject to delays that may cause a response to be rejected due to missing a solicitation receipt deadline.

Responses delivered to the mailing address are routed through the County mailroom and may not reach the required location in time for the bid / offer opening.

Respondents using the U.S. mail should take this possible delay into account when using the U.S. mail.

https://brazoriacounty.bonfirehub.com/portal/?tab=login%20

BRAZORIA COUNTY is very conscious and extremely appreciative of the time and effort you have expended to submit an offer.

We would appreciate it if you would indicate on any “No Offer” response, any requirement of this RFSQ which may have influenced your decision to “No Offer”. If your response to this RFSQ is a “No Offer” response, please complete the Statement of No Offer in this RFSQ package and submit.

Any prospective respondent desiring any explanation or interpretation of the solicitation must make a written request online through Bonfire electronic platform or email the project facilitator as shown in Section “Questions Due Date (for Clarifications)”, which must be received by the Purchasing Department at least five (5) business days prior to the scheduled time for the offer opening. Any information given to a prospective respondent concerning this solicitation will be furnished promptly to all other known prospective respondents as a written amendment/addendum to the solicitation. Brazoria County reserves the right to accept or reject any or all bids/offers as it deems in its best interest and to waive any formalities.

It is the Respondent’s responsibility to verify the issuance of Addenda in regard to this Offer. All Addenda shall be submitted to all known respondents and shall be posted on the Bonfire electronic bidding platform at https://brazoriacounty.bonfirehub.com/portal/?tab=login. Brazoria County shall not be responsible for failed internet connections or power interruptions.

All required Offer documents shown on the Table of Contents, including any Addenda Receipt Forms which may have been issued, must be submitted in the Bonfire electronic bidding platform or a sealed envelope included in a hard copy submittal, marked with the bidder’s company name, the Offer name, number and due date.

SUSAN SERRANO, CPPO, CPPB

Purchasing Director

Brazoria County Courthouse Campus Administration Building

237 E. Locust Street, Suite 406

Angleton, Texas 77515

Published Dates: TUESDAY, AUGUST 4, 2026 & TUESDAY, AUGUST 11, 2026

REQUEST FOR STATEMENT OF QUALIFICATIONS

TABLE OF CONTENTS

RFSQ #26-65 DESIGN SERVICES FOR CMP SURFSIDE JETTY COUNTY PARK WATERFRONT REVITALIZATION-

FOOTBRIDGES-GLO CONTRACT NO.25-003-010-E703-COASTAL MANAGEMENT PROGRAM-CYCLE 29

All documents included in RFSQ# 26-65, represent components which comprise this offer package and subsequent awarded executed contract.

The documents shown in Exhibit A and Exhibit B are required to be submitted in your offer package. It is the respondent's responsibility to be thoroughly familiar with all requirements and specifications. Be sure you understand the requirements before you return your offer packet.

“Exhibit A - Required Forms” and “Exhibit B – Other Requirements” are to be uploaded into the Bonfire electronic procurement portal system or included with your hard copy submittal.

EXHIBIT A – THE FOLLOWING FORMS ARE TO BE COMPLETED AND SUBMITTED WITH

YOUR RFSQ RESPONSE:

• RESPONDENT CERTIFICATION FORM

• BIDDER/RESPONDENT’S AFFIRMATION & SDNs/BLOCKED PERSONS AFFIRMATION

• WORKERS COMPENSATION REQUIREMENTS

• CERTIFICATION REGARDING LOBBYING FORM

• EXCEPTIONS TO STANDARD TERMS & CONDITIONS & SPECIAL REQUIREMENTS (If vendor has any exceptions to the RFSQ terms & conditions or special requirements, they must be included with the RFSQ submittal in order to be considered)

• ADDENDA (IF APPLICABLE)

• NON-COLLUSION AFFIDAVIT

• TEXAS GOVERNMENT CODE 552, SUBCHAPTER J ACKNOWLEDGEMENT FORM

• PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT

CERTIFICATION FORM

• VENDOR DATA SHEET & W-9 FORM

EXHIBIT B – VENDOR RESPONSE:

• RESPONSE FROM FIRM (as shown in section 5.0 Proposal Scoring Criteria and Proposal Requirements)

• SIGNED ADDENDUMS (IF APPLICABLE)

• RETURN LABEL

Attachments to the RFSQ: The documents marked below are hereby attached and made a part of this package.

• Exhibit A - Required Documents

• Exhibit B - Vendor Response

• Attachment A - Professional Service Agreement (Sample)

• Attachment B – Child Support Form

• Attachment C – Subrecipient Grant Agreement

BRAZORIA COUNTY INSTRUCTIONS TO

RESPONDENTS

The following requirements and specifications shall be in addition to the other requirements contained herein and shall supersede the other requirements where applicable.

1. GENERAL

Brazoria County is requesting Statements of Qualifications (SOQ) from firms who can adequately demonstrate they have the resources, experience and qualifications to perform design services for a footbridge that will extend over an existing cove at Surfside Jetty

County Park.

Construction and construction inspection and material testing services will be procured under a separate Request for

Qualifications and are not included in this scope of services.

The respondent shall select a team of professionals capable of providing the required services in an efficient manner in the best interest of Brazoria County and to provide successful, on-time, and on-budget project delivery. Information on all proposed sub-consultants and/or subcontractors should be included in the SOQ.

Brazoria County intends to enter into a Professional Service Agreement with a prime firm to provide services, including, but not limited to, the following:

• Design Plans: Complete architectural or civil engineering drawings

• Topographical Survey

• Geotechnical Investigation

This project was funded, in part, by a Texas Coastal Management Program grant approved by the Texas Land Commissioner, providing financial assistance under the Coastal Zone Management Act of 1972, as amended , awarded by the National Oceanic and Atmospheric Administration (NOAA), Office for Coastal Management, pursuant to NOAA Award No. NA24NOSX419C0025.

The Contract consists of the RFSQ#26-65 document and all attachments, as well the Professional Service Agreement and other specifications, as well as addenda issued prior to execution of the Contract, other documents listed in the Contract, and modifications issued after execution of the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. The Contract may only be amended or modified under the terms of this Contract.

2. ESTIMATED PROJECT TIMELINE (dates may be subject to change)

Step One –

Publicly advertised (1st Notice) August 4, 2026

Publicly advertised (2nd Notice) August 11, 2026

Deadline for Questions (Clarifications) Submitted August 19, 2026

Deadline for Addendum to be posted in Bonfire August 24, 2026

Response Open/Due date by 11:00 a.m. C.S.T. August 31, 2026

Step Two – Interviews (if requested by evaluation committee) TBD

Interviews with short-listed candidates

Negotiations (if requested by evaluation committee) TBD

Enter into negotiations with highest ranked firm

Award - Contract approval by Commissioner’s Court September

3. PROJECT DESCRIPTION AND WORK TO BE PERFORMED

3.1 Phase 1: Project Initiation & Site Assessment

• Topographical Survey: The engineering firm maps the specific crossing location, including elevations, contours, and nearby structures.

• Geotechnical Investigation: Drilling soil borings and testing to establish soil bearing capacities and determine appropriate foundation types (e.g., deep piles or shallow spread footings).

• Hydrological Analysis: Required if the footbridge crosses a waterway. Evaluates flow rates and safe water surface elevations to prevent flooding and scour.

3.2 Phase 2: Preliminary Design & Concept

• Bridge Type Selection: Evaluating suitable superstructure types (e.g., truss, girder, arch, suspension) based on span length, aesthetics, and site clearances.

• Load Calculations: Designing for appropriate pedestrian live loads, wind loads, and maintenance utility vehicle access

• Conceptual Drawings: Delivering 30% design sketches to confirm alignment, clearances, and aesthetic preferences.

3.3 Phase 3: Final Design & Engineering

• Structural Analysis: Creating computer models to verify member stresses, deflection limits, and dynamic responses

(like pedestrian-induced vibrations).

• Substructure & Superstructure Design: Engineering the exact dimensions, materials, and connection details for the deck, railings, girders, and piers.

3.4 Phase 4: Deliverables (Drawings & Specifications)

• Construction Drawings: A full set of signed and sealed plans typically including:

o Title Sheet & General Notes: Project scope, index, and design codes.

o Survey & Layout Plan: Horizontal and vertical alignments.

o Foundation & Abutment Plans: Details on concrete reinforcement and piling.

o Superstructure Details: Framing plans, truss layouts, and deck profiles.

o Miscellaneous Details: ADA-compliant ramps, handrails, and pedestrian fencing.

• Technical Specifications: Written guidelines on material quality, fabrication, welding, and coating.

• Cost Estimates: Providing an updated Bill of Quantities (BOQ) for budgeting purposes.

• Permitting: Submitting complete drawings to permitting entities for approval prior to construction phase

3.5 Phase 5: Bidding & Construction Support

• Reviewing contractor shop drawings and structural steel or timber fabrication plans.

• Answering contractor Requests for Information (RFIs).

4. SELECTION PROCESS

The SOQs will be used to rank the respondents and determine a short list for firms. In addition, the SOQ will be used for reference material throughout the selection process. Once the short list has been determined, there may be an oral interview/ presentation session scheduled for the highest ranked firms. The presentation should demonstrate the firm’s experience in providing services design services.

Based on the SOQs and interviews, the Evaluation Committee will determine the most highly qualified firm on the basis of demonstrated competence, experience and qualifications for design services.

After the selection process has been completed, a detailed scope of services will be developed between the successful firm and

Brazoria County, and a price proposal will be requested for agreed upon scope of services. The price proposal generated should reflect substantially the same composition and level of involvement as presented in the Statement of Qualification.

If a mutually agreeable cost/price proposal cannot be negotiated, Brazoria County will formally end the negotiation and proceed to select and negotiate with the next most highly qualified firm(s) on the basis of demonstrated competence, experience and qualifications.

5. SELECTION CRITERIA & RECOMMENDATION

The criteria and weighted factors used to evaluate the proposals will be:

• Technical Approach…………………………………………………..…………. 20 Points o Firm should demonstrate its understanding of the project through an outline of their suggested approach to management of a federally funded construction project.

o Firm must show knowledge of local regulatory agencies and their requirements through which the project will require approval.

o Firm’s response for this selection criteria may be a maximum of five (5) pages and must be included in Exhibit B.

• Firm Experience and References……………………………………..………… 40 Points o Firm must show experience in managing construction projects which use Federal funds and Federal requirements.

o Provide three sample projects completed in the last three years, similar in scope to this project that best illustrates team capabilities.

o Provide at least three references of previous clients with similar projects and specify the project for which the references respond to.

o Furnish references for the prime provider’s project manager for similar related projects. The client reference must be employees, such as the contract manager or work authorization manager, who are most familiar with the proposed manager’s work.

o Firm’s response for this selection criteria may be a maximum of ten (10) pages and must be included in Exhibit B.

• Workload Capacity………………………………………………………………. 10 Points o Provide a current list of your firm’s projects o Provide project availability of key personnel at time of this project.

o Firm’s response for this selection criteria may be a maximum of two (2) pages and must be included in Exhibit B.

• Professional Qualifications and Individual Experience………………………. 30 Points o Show work experience of Project Team including any sub consultants.

o Provide organizational chart containing names, addresses, telephone numbers, and email address of the prime provider and any sub consultants proposed for the team. Include the name of the prime provider's Project Manager and all key personnel who will work on the project. Also, include each key personnel’s project role and responsibilities and estimated percentage of time on the project. Maximum of one (1) page o Provide resumes of project manager and key personnel, which include any licenses and certifications. Maximum of two (2) pages per resume.

o Firm’s response for this selection criteria must be included in Exhibit B.

Bonus Scoring (15 point scale)

5.1 Bonus Points-Interview (If requested by evaluation committee)

Your score may be adjusted up to a maximum of 15 points-total overall possible evaluation points=15

5.1.1 Response to Questions & Answers (0-10 points)

5.1.2 Interview preparedness & adherence to interview (0-5 points)

6. PROPOSAL SCORING CRITERIA AND PROPOSAL REQUIREMENTS (REVISE PER PROJECT)

The Prime will prepare a Statement of Qualifications (SOQ) for review by the County’s Evaluation Committee. The

County intends to make its selection from firms that submit an SOQ package that includes the following:

Responses are to be submitted in EXHIBIT B, in the order shown below, and to not exceed the number of pages requested.

(a) Letter of Interest, limited to one (1) page, signed by a principle of the professional firm, with a statement as to the availability of the firm to complete the work within the stated time period.

(b) Technical Approach, limited to five (5) pages:

(c) Firm Experience and References, limited to ten (10) pages:

(d) Workload Capacity, limited to two (2) pages:

(e) Professional Qualifications and Individual Experiences, limited to one (1) page for the organization chart and two (2) pages per resume:

7. SUBMISSION REQUIREMENTS

RFSQ SUBMISSIONS MAY BE PROVIDED IN ONE OF TWO WAYS, AS EXPLAINED BELOW:

If submitting an RFSQ Electronic Document Submission (using the Bonfire electronic platform)

Respondent shall fill out and upload the “Exhibit A Required Forms” and “Exhibit B Additional Requirements” into the Bonfire electronic platform. An authorized representative of the company MUST sign all required forms. See “Exhibit A Required Forms” for instructions on signing electronically.

If submitting an RFSQ Hard Copy Document Submission

One (1) original hard copy shall be submitted, which will consist of “Exhibit A Required Forms” and “Exhibit B Additional

Requirements”.

The hard copy submission shall be sealed in an envelope or box for delivery to the Brazoria County Purchasing Director per instructions herein. All documents included in the response and the outside of the envelope and/or box must be labeled with the vendor name and the RFSQ number.

8. PERIOD OF CONTRACT

The contract term shall begin upon award and continue until completion of the project.

9. QUESTIONS DUE DATE (FOR CLARIFICATIONS)

Any prospective respondent desiring any explanation or interpretation of the proposal must make a written request which must be received by the Purchasing Department on or before Wednesday, August 19, 2026. The request must be emailed to bidclarifications@brazoriacountytx.gov. Emails must include the project name and number in the subject field.

All responses to questions or clarification requests will be answered in the form of an addendum after the question deadline and no later than 5 business days prior to the opening/closing date of the solicitation.

10. INSURANCE REQUIREMENTS

Contractor shall furnish certificates of insurance to County evidencing compliance with the insurance requirements as found in

Exhibit F of the Professional Services Agreement, for the duration of the project. Certificates shall indicate name of Contractor, name of insurance company, policy number, term of coverage and limits of coverage. In the event that the insurance is renewed during the duration of the contract, Contractor shall furnish certificate of insurance to the County evidencing renewal of policy within 30 days of renewal. Contractor shall provide County with at least 30 days prior written notice of any reduction in the limit of liability by endorsement of the policy, cancellation or non-renewal of the insurance coverage required under this Agreement.

Further, on vendor’s certificate of insurance supplied to Brazoria County, Brazoria County shall be listed as additionally insured.

11. DISCLOSURE OF CERTAIN RELATIONSHIP

Texas Local Government Code chapter 176 requires that any vendor or person who enters or seeks to enter into a contract with a local governmental entity (including any agent of such person or vendor) disclose in the Questionnaire Form CIQ the vendor or person’s employment, affiliation, business relationship, family relationship or provision of gifts that might cause a conflict of interest with a local governmental entity.

By law, this questionnaire must be completed and filed with the records administrator of Brazoria County no later than the seventh business day after the date the person engages or communicates with Brazoria County or becomes aware of facts that require the completion of the questionnaire pursuant to Texas Local Government Code section 176.006.

A person commits an offense if the person knowingly violates Texas Local Government Code section

176.006. An offense under this section is a Class C misdemeanor.

A copy of House Bill 23 which amended the Texas Local Government Code Chapter 176 is available at:

http://www.capitol.state.tx.us/tlodocs/84R/billtext/html/HB00023F.HTM

Texas Local Government Code Chapter 176 can be found here:

http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm

Questionnaire Form CIQ is included in this bid/offer.

By submitting a response to this request, the vendor or person represents compliance with the requirements of Texas Local

Government Code chapter 176. If required, completed forms should be sent with your submittal, as well as to:

Brazoria County Courthouse County Clerk’s Office

111 E. Locust Street, Suite 200

Angleton, TX 77515

12. DISADVANTAGED BUSINESSES

Disadvantaged businesses, particularly the State of Texas Comptroller’s Office VetHUB Program, are encouraged to participate in the bid/RFP processes. Although Brazoria County does not certify HUB vendors, Brazoria County recognizes the certifications of other governmental entities. If you are certified by a government entity, please upload the certificate with your response electronically in the Bonfire electronic platform or include a hard copy of your certificate in your submittal.

Per Code of Federal Regulations, Title 2, § 200.321, “Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms”, if awarded vendor is a prime contractor and subcontractors are to be let by prime contractor, the following affirmative steps are required of the prime contractor:

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

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

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

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority

Business Development Agency of the Department of Commerce.

Brazoria County must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible.

13. SYSTEM FOR AWARD MANAGEMENT (SAM)

The System for Award Management (SAM) is the official registration required prior to bidding on a contract with any federal government agency, including local governments who receive federal funds.

Prior to award, Brazoria County will check www.sam.gov, the System for Award Management (SAM), to ensure that the proposed vendor has not been debarred. Vendor shall provide their Unique Entity ID number to Brazoria County in order to check www.sam.gov for debarment.

If you do not have a Unique Entity ID number, you can request a number for free by visiting https://sam.gov/content/entity-registration. For additional information about the change from DUNS to Unique Entity ID visit https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-id-is-here.

Brazoria County is unable to conduct business with vendors who have been debarred.

http://www.capitol.state.tx.us/tlodocs/84R/billtext/html/HB00023F.HTM http://www.statutes.legis.state.tx.us/Docs/LG/htm/LG.176.htm http://www.sam.gov/ http://www.sam.gov/ https://sam.gov/content/entity-registration https://sam.gov/content/entity-registration https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-id-is-here https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-id-is-here https://www.gsa.gov/about-us/organization/federal-acquisition-service/office-of-systems-management/integrated-award-environment-iae/iae-systems-information-kit/unique-entity-id-is-here

If the procurement is using federal funds, the awarded vendor is required to hold an active status on the SAM.gov website, applicable, https://sam.gov/content/home, and with the Texas Comptroller Taxable Entity website https://mycpa.cpa.state.tx.us/coa/.

If the procurement is using County funds, and your company is not registered on the SAM.gov website, the County is asking that your company obtain a registration. If your company has a current Unique Entity Identifier number on the SAM.gov website, the

County is requesting that your company obtain a registration.

14. INCLEMENT WEATHER - HARD COPY SUBMISSIONS:

In case of inclement weather or any other unforeseen event causing the County to close for business on the date of a proposal submission deadline, the closing will automatically be postponed until the next business day the County is open and at the time shown on the Cover Sheet.

If inclement weather conditions or any other unforeseen event causes delays in carrier service operations, the County may issue an addendum to all known vendors interested in the project to extend the deadline. It will be the responsibility of the vendor to notify the County of their interest in the project if these conditions are impacting their ability to turn in a submission within the stated deadline. The County reserves the right to make the final judgment call to extend any deadline.

15. FEDERAL REQUIREMENTS

15.1. Remedies

“If the bidder/vendor fails to comply with the terms and conditions of this Agreement, Brazoria County may take one or more of the following actions, as appropriate to the circumstance:

(a) Temporarily withhold payments pending the bidder/vendor commencing in good-faith corrective action to cure the deficiency;

(b) Permanently withhold payments; and/or

(c) Take any and all other remedies that may be legally available.

15.2 Access to Records and Record Retention

“Retention of Records. The contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until the FEMA or applicable Federal Administrator, Brazoria County, the Comptroller General of the United States, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related to the litigation or settlement of claims.”

Access to Records. The following access to records requirements apply to this contract:

1) The contractor agrees to provide Brazoria County, any State or Federal Agency, the Comptroller General of the United

States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions.

1) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

2) The contractor agrees to provide any State or Federal Agency, Brazoria County, the Comptroller General of the United

States, or any of their authorized representatives or their authorized representatives access to construction or other work sites pertaining to the work being completed under this contract.

15.3 Debarment and Suspension

“Suspension and Debarment

(1) The contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates

(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Brazoria County. If it is later determined that the contractor did not comply with

2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Texas Department of

Emergency Management and Brazoria County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

(4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.”

15.4 Procurement of Recovered Materials (Solid Waste Disposal Act) (2 CFR 200.323):

Application:

A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of

Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part

247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery;

and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75885, Dec. 19, 2014]

1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired

(i) Competitively within a timeframe providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www3.epa.gov/epawaste/conserve/tools/cpg/index.htm

The list of EPA-designate items is available at https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

15.5 Domestic Preferences for Procurements (2 CFR 200.322)

(a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the

United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

(b) For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

15.6 DHS Seal, Logo and Flags

"The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA or Federal Administrator preapproval."

15.7 Compliance with Federal Law, Regulations, and Executive Orders

"This is an acknowledgement that FEMA (or applicable Federal Administrator) financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA (or applicable

Federal Administrator) , policies, procedures, and directives."

15.8 No Obligation by Federal Government

"The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract."

https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program

15.9 Program Fraud and False or Fraudulent Statements or Related Acts

"The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract."

15.10 Termination for Cause and Convenience

Termination with Cause:

“Upon written notice to the Contractor of a defect or breach of this Agreement, Contractor has five (5) business days to cure any defect(s) or breach(es) cited in said notice. If Contractor fails to cure the defect(s) or breach(es) within the five (5) business days allowed, Brazoria County may terminate this Agreement. Nevertheless, Brazoria County reserves the right to provide written notice to the Contractor that this Agreement shall continue if Contractor has in good-faith commenced efforts to cure said defect(s) or breach(es) and Contractor agrees, in writing, to continue to act without undue delay to cure said defect(s) or breach(es).

Termination Without Cause:

This contract may be terminated by either the County or the Contractor at any time, without cause, by providing the other

Party at least thirty (30) calendar days’ prior written notice.

15.11 Clean Air Act

(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

(2) The contractor agrees to report each violation to Brazoria County and understands and agrees that Brazoria County will, in turn, report each violation as required to assure notification to the applicable federal program Administrator, and the appropriate Environmental Protection Agency Regional Office.

(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the applicable federal program Administrator.

15.12 Federal Water Pollution Control Act

(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water

Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

(2) The contractor agrees to report each violation to Brazoria County and understands and agrees that Brazoria County will, in turn, report each violation as required to assure notification to Brazoria County and the appropriate Environmental

Protection Agency Regional Office.

(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the applicable federal program Administrator.”

15.13 Byrd Anti-Lobbying Amendment

Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer of employee of Congress, or an employee of a member of Congress in connection with obtaining and Federal contract, grant, or any other award covered by

31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

15.14 Energy Efficiency

The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201)

15.15 Equal Opportunity:

Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-

1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal

Employment Opportunity, and implementing regulations at 41

C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor).

See 2 C.F.R. Part 200, Appendix II, ¶ C.

b. Key Definitions.

1) Federally Assisted Construction Contract. The regulation at 41 C.F.R.

§ 60-1.3 defines a “federally assisted construction contract” as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant, contract, loan, insurance, or guarantee under which the applicant itself participates in the construction work.

(2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines “construction work” as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property, including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction

§ 60–1.4 Equal opportunity clause.

Government contracts. Except as otherwise provided, each contracting agency shall include the following equal opportunity clause contained in section 202 of the order in each of its Government contracts (and modifications thereof if not included in the original contract):

1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the

Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

15.16 Rights to Inventions Made Under a Contract or Agreement

Application:

a. Stafford Act Disaster Grants. This requirement does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire

Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management

Grant Program, and Federal Assistance to Individuals and Households – Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of “funding agreement.”

b. State or Federal award meets the definition of “funding agreement” under 37 C.F.R.

§ 401.2(a) and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that

“funding agreement,” the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions

Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative

Agreements), and any implementing regulations issued by 7

FEMA. See 2 C.F.R. Part 200, Appendix II, ¶ F.

c. The regulation at 37 C.F.R. § 401.2(a) currently defines “funding agreement” as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental, developmental, or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph.

15.17 Child Support

Section 231.006(a) of the Texas Family Code provides that a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to: (1) receive payments from state funds under a contract to provide property, materials, or services; or (2) receive a state-funded grant or loan.

This notice is given pursuant to the Federal Privacy Act. Disclosure of your Social Security Number (SSN) is required under

Section 231.006(c) and Section 231.302(c)(2) of the Texas Family Code. The Social Security number will be used to identify persons that may owe child support and will be kept confidential to the fullest extent allowed under Section 231.302(e) of the

Texas Family Code.

15.18 Cybersecurity Training Program

Recipient represents and warrants its compliance with Section 2054.5191 of the Texas Government Code relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. If Recipient has access to any state computer system or database, Recipient shall complete

Cybersecurity training and verify completion of the training program to the Department pursuant to and in accordance with

Section 2054.5192 of the Government Code.

15.19 Disclosure of Violations of Federal Criminal Law

Recipient represents and warrants its compliance with 2 CFR § 200.113 which requires the disclosure in writing of violations of federal criminal law involving fraud, bribery, and gratuity and the reporting of certain civil, criminal, or administrative proceedings to SAM.

15.20 Disclosure Protections for Certain Charitable Organizations, Charitable Trusts and Private Foundations

Recipient represents and warrants that it will comply with Section 2252.906 of the Texas Government Code relating to disclosure protections for certain charitable organizations, charitable trusts, and private foundations.

15.21 Open Meetings

If Subrecipient is a governmental entity, Subrecipient represents and warrants its compliance with Chapter 551 of the Texas

Government Code, which requires all regular, special, or called meetings.

15.22 Reporting Compliance

Subrecipient represents and warrants that it will submit timely, complete, and accurate reports in accordance with the Contract and maintain appropriate backup documentation to support the reports.

15.23 Reporting Suspected Fraud and Unlawful Conduct

Subrecipient represents and warrants that it will comply with Section 321.022 of the Texas Government Code, which requires that suspected fraud and unlawful conduct be reported to the State Auditor’s Office.

15.24 Infringement

If Subrecipient becomes aware of an actual or potential claim of infringement of any United States patent, copyright, trade or service mark, or any other intellectual or intangible property right that occurs in the execution or performance of the Contract, or the GLO provides Subrecipient with notice of such claim, Subrecipient may (or in the case of an injunction against the

GLO, shall), at Subrecipient’s sole option and expense: (i) procure for the GLO the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with a functionally equivalent or superior product or service so that the GLO’s use is non-infringing.

15.25 Proper Authority

Each Party represents and warrants that the person executing this Contract on its behalf has full power and authority to legally bind its respective entity. If applicable, a resolution, motion or similar action has been duly adopted or passed as an official act of the Subrecipient’s governing body, authorizing the filing of the grant application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative, or the designee of Subrecipient to act in connection with the application and to provide such additional information as may be required.

15.26 Dispute Resolution

Except as otherwise provided by statute, rule or regulation, Subrecipient shall use the dispute resolution process established in Chapter 2260 of the Texas Government Code and related rules to attempt to resolve any dispute under this Contract that the

Parties cannot resolve in the ordinary course of business. Neither the occurrence of an event giving rise to a breach of contract claim nor the pendency of such a claim constitutes grounds for Subrecipient to suspend performance of this Contract.

Notwithstanding this provision, the GLO reserves all legal and equitable rights and remedies available to it. NOTHING IN

THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR

SUBRECIPIENT.

15.27 Geographic Information Systems

Data, databases, and products associated with electronic Geographic Information Systems (GIS) that have been collected, manipulated, or purchased…