6-25-59 Qualifications for Residential Home Elevations Reconstruction.pdf

RFSQ #25-59 QUALIFICATIONS FOR A CONTRACTOR POOL FOR RESIDENTIAL HOME ELEVATIONS AND OR RECONSTRUCTION FOR FEMA HARVEY DISASTER FUNDING RECIPIENTS Page 1 of 33

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 #25-59 QUALIFICATIONS FOR A CONTRACTOR POOL FOR RESIDENTIAL HOME

ELEVATIONS AND OR RECONSTRUCTION FOR FEMA HARVEY DISASTER FUNDING RECIPIENTS”

THURSDAY, OCTOBER 23, 2025 at 11:00 A.M. 11:00 A.M.

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

*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

ANGLETON, TEXAS 77515

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

RFSQ #25-59 QUALIFICATIONS FOR A CONTRACTOR POOL FOR RESIDENTIAL HOME ELEVATIONS AND OR RECONSTRUCTION FOR FEMA HARVEY DISASTER FUNDING RECIPIENTS Page 2 of 33

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:

SEPTEMBER 17, 2025

SEPTEMBER 24, 2025

RFSQ #25-59 QUALIFICATIONS FOR A CONTRACTOR POOL FOR RESIDENTIAL HOME ELEVATIONS AND OR RECONSTRUCTION FOR FEMA HARVEY DISASTER FUNDING RECIPIENTS Page 3 of 33

REQUEST FOR STATEMENT OF QUALIFICATIONS

TABLE OF CONTENTS

RFSQ # 25-59 CONTRACTOR QUALIFICATIONS FOR RESIDENTIAL HOME

ELEVATIONS AND OR RECONSTRUCTION FOR FEMA HARVEY DISASTER FUNDING RECIPIENTS

All documents included in RFSQ# 25-59 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)

• NON-COLLUSION AFFIDAVIT

• CONFLICT OF INTEREST QUESTIONNAIRE – FORM CIQ (if applicable)

• CONTRACTOR ACKNOWLEDGMENT OF STORMWATER MANAGEMENT PROGRAM

• TEXAS GOVERNMENT CODE 552, SUBCHAPTER J ACKNOWLEDGEMENT FORM

• PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES AND EQUIPMENT

CERTIFICATION FORM (Vendor to sign form if applicable to telecommunications)

• ATTACHMENT C DOWNLOAD ACKNOWLEDGEMENT FORM

• VENDOR DATA SHEET & W-9 FORM

EXHIBIT B – THE FOLLOWING ADDITIONAL REQUIREMENTS ARE TO BE SUBMITTED

WITH YOUR RFSQ RESPONSE:

• VENDOR RESPONSE TO EVALUATION CRITERIA FOR HOME ELEVATION AND OR RECONSTRUCTION

• EXCEPTIONS TO STANDARD TERMS & CONDITIONS & SPECIAL REQUIREMENTS (if applicable) (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)

• SIGNED ADDENDUMS (IF APPLICABLE)

Attachments to the RFSQ:

• Exhibit A – Required Documents

• Exhibit B – Vendors Response

• Attachment A – Elevation Scope of Work

• Attachment B – Reconstruction Scope of Work

• Attachment C – 2025 IRC Inspection Documents

RFSQ #25-59 QUALIFICATIONS FOR A CONTRACTOR POOL FOR RESIDENTIAL HOME ELEVATIONS AND OR RECONSTRUCTION FOR FEMA HARVEY DISASTER FUNDING RECIPIENTS Page 4 of 33

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.

1.0 PROJECT DESCRIPTION AND SPECIFICATIONS

Brazoria County is issuing this Request for Qualifications (RFSQ) to procure professional home residential elevation and or home reconstruction services for the Brazoria County FEMA Harvey Disaster Funding Program, which covers unincorporated areas of Brazoria County, Texas, and in the incorporated towns of Liverpool and Bonney.

Brazoria County expects to award a pre-qualified pool of elevation and reconstruction contractors, through this RFSQ, who can adequately demonstrate they have the resources, experience and qualifications to perform residential home elevations and or reconstructions in the FEMA Harvey Disaster Funding Programs. Contractors must be eligible to participate in contracts involving Federal funds.

In addition, Brazoria County has a contract with a grant administration company to serve as the Program Manager, coordinating efforts between the engineering firm(s), construction contractors, and homeowners. This ensures streamlined communication and delivers the best possible experience for all parties involved.

Qualified contractors will work with homeowners who will be receiving funds to elevate and or reconstruct their homes. The homeowners will be responsible for selecting, from the pool of qualified, capable contractors, to elevate or reconstruct their home.

Since the purpose of this RFSQ is to engage a pre-qualified contractor pool, awarded contractors will be asked to compete in individual projects and there is no guarantee of any volume or usage by the homeowners. There is no guarantee of the number of homes any given contractor will be selected to elevate and or reconstruct.

The scope of services within each individual project will vary, as the circumstances in each home to be elevated o r r econ s t ru c ted will be different. However, successful contractor services will include, but are not limited to, the scopes of work found in Attachment A – Elevation Scope or Work and Attachment B – Reconstruction Scope of Work.

Contractors can submit their qualifications for elevation services and or reconstruction services. Please mark which service or services you are submitting to in Exhibit B.

For contracted services from Brazoria County using FEMA Harvey Disaster Funding, a Contractor shall not hire a firm to perform engineering services on the same home if that firm also was contracted by the County to provide Structural Integrity and Inspection Services.

The awarded contractors will be required to sign an affidavit stating they will comply with the above statement.

Each home shall be subject to a separate written agreement that will be between the contractor and the respective Homeowner. Each Agreement will specify a term applicable to that FEMA project and specify draw requirements and other requirements associated with that given FEMA project.

Offering financial incentives of any kind such as: trips, meals, entertainment tickets, cash etc.is strictly prohibited.

2.0 GENERAL

The Contract consists of the RFSQ#25-59 document and all attachments, as well as the Contract for Elevation Work or Reconstruction Work, between the Contractor and the Homeowner and the Voluntary Elevation/Reconstruction Agreement between Brazoria County and the Homeowner, 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.

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3.0 PROGRAM ADMINISTRATION

Unless otherwise provided by specific provisions under this contract, contractor operations and activities related and provided for in this contract will be under the supervision of the County’s Program Manager.

All contractual amendments will be processed in accordance with Brazoria County Purchasing policies. Amendments will also be brought to Brazoria County Commissioners Court for approval as deemed necessary.

4.0 ESTIMATED PROJECT TIMELINE (dates may be subject to change)

Step One – Publicly advertised (1st Notice) September 17, 2025 Publicly advertised (2nd Notice) September 24, 2025 Deadline for Questions (Clarifications) Submitted October 8, 2025 Deadline for Addendum to be posted in Bonfire October 15, 2025

Response Open/Due date by 11:00 a.m. C.S.T. October 23, 2025

Step Two – Interviews (if requested by evaluation committee) TBD Interviews with short-listed candidates

Award - Contract approval by Commissioner’s Court TBD

5.0 SELECTION PROCESS

The Statement of Qualifications (SOQ’s) received by the deadline will be evaluated by an Evaluation Committee and ranked according to the selection criteria listed in sections 6.0 and 7.0

If it is deemed necessary to choose the highest qualified contractors, the Evaluation Committee may decide to shortlist the highest ranked contractors and request interviews. The same criteria listed in section 6.0 and 7.0 will be used to rank any shortlisted contractors.

From the selection process, a pool of qualified contractors will bid on specific properties to be elevated and or reconstructed.

The homeowner for each individual property will then select a contractor who submits a bid that best meets their requirements.

6.0 EVALUATION CRITERIA FOR HOME ELEVATIONS

Responses to the criteria shown below are to be included in Exhibit B of your submission.

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

EXPERIENCE AND QUALIFICATIONS………………………………..………… 35 Points

• Contractor must show experience in managing construction projects which use Federal funds and Federal requirements.

• Evidence of contractor’s ability to perform single-family dwelling elevations as a prime elevation contractor, including information on other federally funded elevation programs that your company has participated in, including the name and dates of the program(s) and number of successful elevations completed.

• Profiles of construction team members that will be assigned to work on projects for the County’s elevation grant program. Each profile should include years of experience, training and responsibility on the jobsite.

• If your company has ever been dismissed from another Grant program, your response should include the reasons why and the contact information for the particular grant program.

• Evidence of your company’s experience in cost control, homeowner relationships, local building costs, quality of work and compliance with work schedules.

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CAPAB ILITIES AND CAPACITIES………………………………………………. 20 Points

• Total number of completed elevations over a 12-month period for the last five (5) years.

• The number of elevations programs your company is currently involved in, including the number of elevation projects awarded to your company.

• Your company’s Project to Superintendent ratio.

• Describe the conditions and schedule for payment of your subcontractors.

METHODOLOGY……………………………………………………………………..15 Points

• Describe the proposed methodology to perform the services outlined in the Scope of Work as well as the following:

• How your company add projects to existing workload of projects

• What is the estimated time to perform a complete elevation project for one (1) residential property including details and timeline on each associated task or step in the elevation process.

REFERENCES…………………………………………………………………………..20 Points

• Please provide a minimum of three (3) references of your company’s history and past performance with engineer-designed elevation construction.

WARRANTIES…………………………………………………………………………..10 Points

• As stated in the Scope of Work, contractors should include information on the type of warranty their company will provide for each elevation project.

7.0 EVALUATION CRITERIA FOR HOME RECONSTRUCTION

Responses to the criteria shown below are to be included in Exhibit B of your submission.

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

EXPERIENCE AND QUALIFICATIONS………………………………..………… 40 Points

• Contractor must show experience in managing construction projects which use Federal funds and Federal requirements.

• Evidence of contractor’s ability to perform single-family dwelling reconstruction as a prime contractor, including information on other federally funded reconstruction programs that your company has participated in, including the name and dates of the program(s) and number of successful reconstruction completed.

• Profiles of construction team members that will be assigned to work on projects for the County’s reconstruction grant program. Each profile should include years of experience, training and responsibility on the jobsite.

• If your company has ever been dismissed from another Grant program, your response should include the reasons why and the contact information for the particular grant program.

• Evidence of your company’s experience in cost control, homeowner relationships, local building costs, quality of work and compliance with work schedules.

CAPAB ILITIES AND CAPACITIES………………………………………………. 25 Points

• Total number of completed reconstruction over a 12-month period for the last five (5) years.

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• The number of reconstruction programs your company is currently involved in, including the number of reconstruction projects awarded to your company.

• Your company’s Project to Superintendent ratio.

• Describe the conditions and schedule for payment of your subcontractors.

METHODOLOGY……………………………………………………………………..15 Points

• Describe the proposed methodology to perform the services outlined in the Scope of Work as well as the following:

• How your company add projects to existing workload of projects

• What is the estimated time to perform a complete reconstruction project for one (1) residential property including details and timeline on each associated task or step in the elevation process.

REFERENCES…………………………………………………………………………..10 Points

• Please provide a minimum of three (3) references of your company’s history and past performance with engineer-designed reconstruction.

WARRANTIES…………………………………………………………………………..10 Points

• As stated in the Scope of Work, contractors should include information on the type of warranty their company will provide for each elevation project.

8.0 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.

9.0 PERIOD OF CONTRACT

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

10.0 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, October 8, 2025. 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.

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11.0 PREVAILING WAGE RATES

Chapter 2258 of the Texas Government Code requires state agencies, cities, counties, independent school districts, and all other political subdivisions that engage in public work projects using public funds to include prevailing wage rate in the project request for proposal documents and Contract.

Current prevailing wage rates are incorporated in the Contract documents.

12.0 RECORD KEEPING

12.1 Respondents shall maintain records of all events that occur at the job site or elsewhere, which affect, or may be expected to affect the quality, scope or progress of the services.

12.2 Respondents shall provide required documentation, including photographs, notes, progress updates, and communications to the County’s Program Manager.

12.3 All records shall be retained for a period of three (3) years following the closeout of the County’s federal grant.

13.0 INSURANCE REQUIREMENTS

Vendor shall furnish certificates of insurance to County evidencing compliance with the insurance requirements hereof for the duration of the project. Certificates shall indicate name of Vendor, name of insurance company, policy number, term of coverage and limits of coverage.

Insurance shall be placed with insurers having an A.M. Best’s rating of no less than A. Such insurance must be issued by a casualty company authorized to do business in the State of Texas, and in standard form approved by the Board of Insurance Commissioners of the State of Texas, with coverage provisions insuring the public from loss or damage that may arise to any person or property by reason of services rendered by Vendor.

Insurance required herein shall be maintained in full force and effect during the life of this contract and shall be issued on an occurrence basis. Vendor shall require that any and all subcontractors that are not protected under the Vendor’s own insurance policies take and maintain insurance of the same nature and in the same amounts as required of Vendor and provide written proof of such insurance to Vendor.

Proof of renewed/replacement coverage shall be provided upon expiration, termination, or cancellation of any policy. Vendor shall not allow any subcontractor to commence work on the subcontract until such insurance required for the subcontractor has been obtained and approved.

In the event that the insurance is renewed during the duration of the contract, Vendor shall furnish certificate of insurance to the County evidencing renewal of policy within 30 days of renewal. Vendor 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.

Certificates of Insurance, fully executed by a licensed representative of the insurance company written or countersigned by an authorized Texas state agency, shall be filed with the County Purchasing Agent within ten (10) business days of issuance of notification from the County Purchasing Agent to Bidder that the contract is being activated as written proof of such insurance and further provided that Bidder shall not commence work under this contract until it has obtained all insurance required herein and provided written proof as required herein.

WAIVER OF SUBROGATION:

All policies of insurance shall waive all rights of subrogation against Brazoria County, its officers, employees and agents.

ADDITIONALLY INSURED:

Further, on vendor’s certificate of insurance supplied to Brazoria County, Brazoria County shall be listed as additionally insured with the exception of workers compensation insurance. The certificate holder shall be as follows:

Brazoria County 237 E. Locust Street, Suite 401 Angleton, TX 77515

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BUILDER’S RISK-RECONSTRUCTION ONLY

For the duration of the elevation project under the HMGP program, the contractor must maintain an active Builder's Risk Insurance Policy covering the full value of the structure and any materials on-site. This policy must include coverage for risks such as fire, theft, vandalism, and natural disasters to protect both the homeowner and the County's investment in the project.

RIGGERS LIABILITY INSURANCE REQUIREMENT – ELEVATION ONLY

For the duration of the elevation project, the contractor must maintain Riggers Liability Insurance covering any potential damages or losses to the structure or equipment while it is being lifted, moved, or manipulated. This policy ensures that any damage resulting from rigging operations is covered, protecting both the property owner and the County’s interest in the project.

14.0 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

15.0 HISTORICALLY UNDERUTILIZED BUSINESSES (HUB’s)

Historically Underutilized Businesses (HUB’s) are encouraged to participate in the RFSQ 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;

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

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(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.

16.0 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.

17.0 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.

18.0 FEDERAL REQUIREMENTS

18.1 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.

18.2 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.

http://www.sam.gov/ http://www.sam.gov/ 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

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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.

18.3 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.”

18.4 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

18.5 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.

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

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18.6 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."

18.7 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."

18.8 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."

18.9 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."

18.10 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.

18.11 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.

18.12 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.”

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18.13 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.

18.14 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)

18.15 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

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(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.

18.16 Davis-Bacon Act and Copeland Anti-Kickback Act

(1) Minimum wages.

(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual…