RFQ 87-26 Master Drainage Plan Development.pdf

REQUEST FOR QUALIFICATIONS

FOR PROFESSIONAL SERVICES

MASTER DRAINAGE PLAN

DEVELOPMENT

RFQ No.: RFQ-87-26

SUBMISSION DEADLINE:

AUGUST 6TH, 2026, by 2:00 P.M. CST

CITY OF PEARLAND, TEXAS

3519 LIBERTY DRIVE

PEARLAND, TX 77581

( 281) 652 - 1600 pearland.ionwave.net

The project scope of work and funding involving this RFQ are subject to federal uniform administrative requirements, rules and regulations, including but not limited to: certain federal Anti-Collusion and Conflict of Interest regulations, equal employment opportunity, environmental assessment and compliance standards, and debarment exclusions.

Table of Contents

Introduction Pg. 3

SECTION I - Request for Qualifications Pg. 4

SECTION II – Project Locations and Facility Descriptions Pg. 4

SECTION III – Scope of Work Pg. 4

SECTION IV – The Successful Offeror Pg. 6

Desired Expertise of the Design Team Pg. 6

DBE/MWBE and HUB Compliance Pg. 6

SECTION V – Interagency Coordination Pg. 7

SECTION VI – SOQ Submission Requirements Pg. 7

SECTION VII - Selection Criteria Pg. 9

SECTION VIII - Selection Process Overview Pg. 11

SECTION IX - Contract Pg. 11

SECTION X – Questions, Clarification, and Inquiries Pg. 18

Introduction

The City of Pearland (“City”) and Brazoria Drainage District No. 4 (“District”) are requesting Statements of Qualifications (SOQ) from firms who can adequately demonstrate they have the resources, experience, and qualifications to fulfill the role of Professional Engineering Consultant for the development a federally-funded Master Drainage Plan (hereinafter referred to as the Project).

SOQs shall be received no later than 2:00 P.M., CST, THURSDAY, AUGUST 6TH, 2026. SOQ forms, specifications and all necessary information may be obtained from the City’s IonWave “E- Bid” procurement website: https://pearland.ionwave.net. If not already registered in IonWave, all prospective suppliers must be registered and approved prior to accessing information about the solicitation and/or submitting a response. Submissions received after the deadline stated herein will not be considered for the award of the contract and shall be considered void and unacceptable.

At the date and time stated above, submissions will be publicly unsealed, and names of offerors read aloud virtually.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/23266784347457?p=IMjekTnrHFPfJHr40S Meeting ID: 232 667 843 474 57 Passcode: RP6Ck2Cj

Prospective respondents must download required documents as found in the “Attachments” tab on website referenced above, complete all required documents, and submit them as part of the solicitation response as stated herein. It is the City of Pearland’s preference that all response documents be submitted electronically via the website above.

Respondent should upload required, completed documents as attachments under the “Response Attachments” tab and respond to the “Line Items” tab on the https://pearland.ionwave.net website. Facsimile and/or email transmittals shall not be accepted as valid Proposals. Please notify the Purchasing Office via email to ebids@pearlandtx.gov of any solicitation requirements that are causing you difficulty in providing a response.

QUESTIONS REGARDING THE REQUEST FOR QUALIFICATIONS:

All questions regarding this solicitation should be submitted via email to ebids@pearlandtx.gov.

Questions and answers will be distributed by addendum via the “E-Bid” website https://pearland.ionwave.net. Questions should be submitted in writing no later than 5:00 P.M.

Friday, July 31ST, 2026. The schedule below is provided for respondents to manage all required responsibilities and optional activities associated with the submission of a successful response to the solicitation:

First Publication: Wednesday, July 15 Second Publication: Wednesday, July 22 Questions Deadline: Friday, July 31 Qualification Submission Deadline: Thursday, August 6

A Selection Committee comprised of a variety of subject matter experts from the City’s compendium of administrative, engineering, financial management, project management, program implementation, and procurement professionals will be established to review responses, using the following schedule to score qualifications, if deemed necessary:

Shortlist Notifications (if required)

Evaluations Interviews/Presentations (if required) Final Selection

SECTION I - Request for Qualifications

The City of Pearland (“City”) and Brazoria Drainage District No. 4 (“District”) are requesting Statements of Qualifications (SOQ) from firms who can adequately demonstrate they have the resources, experience, and qualifications to fulfill the role of Professional Engineering Consultant for the development a federally-funded Master Drainage Plan (hereinafter referred to as the Project).

SECTION II – Project Locations and Descriptions

Project Description and Location

The main objective of the Project is to complete a comprehensive update on the Master Drainage Plan to be adopted by the City Council and District Board of Commissioners. The scope of the update will include the City of Pearland boundary, including ETJ, and the entire boundary of Brazoria Drainage District #4. The last comprehensive update for the City and District was completed in 2019. Over the course of time, numerous localized studies and sub-regional plans have been completed. In addition, numerous improvements have been made to the existing drainage infrastructure throughout the study area.

SECTION III – Scope of Work

Tasks identified below but not limited to

Task 1: Public Involvement

Confirm requirements of public involvement for funding source Prepare Citizen Action Plan Plan, organize, run, and document Public Meetings.

Task 2: Study Coordination and Project Management Coordination with regulatory agencies (ie. City, BDD4, Brazoria County, FEMA, Harris

County) Perform general project management

Task 3: Data Collection and Inventory City/BDD4 Master Drainage Plan Update 2019 Latest FIRM update models for Brazoria, Harris, and Fort Bend counties Latest HEC-RAS/HEC-HMS models for all major bayous, ditches, and detention ponds As-built drawings for all major bayous, ditches, and detention ponds Latest GIS (lidar), topography, and FEMA Floodplain information;

All available drainage reports submitted to the City and BDD4 Hurricane Harvey High Water Marks Field verification of all outfall structures Repetitive Loss Area Analysis (RLAA) City’s Flood Damage Prevention Ordinance and EDCM Hazard Mitigation Plan Field visits as needed for additional data and survey City of Friendswood Master Drainage Plan Update

City of Brookside Village Master Drainage Plan if available

Task 4: Review data and Existing Condition Modeling

Review all the data collected in Task 3 Identify the data discrepancy, data gap, recommendation for additional data Perform comprehensive analysis of the models to verify the data and look for any discrepancies;

Incorporate all regional City and District detention ponds and verify capacities and volumes Verify all major drainage improvements are reflected in the model since 2019 Flooding Analysis based on repetitive loss areas and areas with major flooding;

Task 5: Model Development (1D/2D HEC RAS, SWMM, InfoWorks, HEC HMS etc.)

Develop 1D/2D hydraulic and hydrologic models of the existing drainage system including the main trunk lines, streets, and overland drainage ditches, consistent with MAAPNext modeling concept

Update drainage area delineation for each basin / bayou / creek and major ditch;

Calibrate the H&H models based on repetitive loss areas and areas with major flooding including, but not limited to, Tropical Storm Allison, Hurricane Harvey, Hurricane Beryl, etc.

Compare the models with real world data and confirm accuracy Compare model output with existing and proposed FEMA FIRMs Identify any issues with the models and verify consistency with the floodplain Identify and collect additional data as needed Update models to reflect future improvements proposed by various agencies Identify areas of major flooding concerns and identify potential solutions; and Identify the ultimate right-of-way width for all seven major creeks

Task 6: Develop Flood Reduction Alternatives

Develop flood reduction alternatives for flood reduction for 2-yr, 10 yr- 100-yr, and 500-yr storm events

Identify the flood reduction projects within the 5-year, 10-year, 20-year planning Horizon Identify the flood reduction projects for the City, BDD4, and joint venture projects between the City and BDD4 Perform Benefit to Cost Analysis for prioritization Identify and prioritize projects based on need, flood reduction, development potential etc.

Task 7: Implementation Plan

Develop Implementation plan broken into various categories.

o Large CIP for City, BDD4, and Joint Venture o Medium CIP for City and BDD4 o Small CIP for City, and BDD4 o Small O&M for City and BDD4 o Projects for potential grant funding application

Task 8: Additional Tasks Review of City and BDD4 Drainage Design criteria and recommendation for applicable update Mitigation Actions identified in the Hazard Mitigation Plan for both City and BDD4

From this RFQ, the City will select a Primary Design Firm for the project. The project is envisioned to have a Primary Design Firm under the direction and management of the City’s Engineering and Public Works Department – Capital Projects Division. The successful Offeror will be responsible for managing, directing, and coordinating any and all teams of engineering firms and/or other sub-consultants it assembles to complete the required work.

SECTION IV – The Successful Offeror

The successful respondent should be comprised of a team of professionals capable of providing the required services in an efficient manner, in the best interest of the City and District, and that will provide successful, on-time, and on-budget Project delivery. Information on all proposed sub-consultants and/or subcontractors must be included in the response.

The Primary Firm will be responsible for the following:

Overall development / update of the Master Drainage Plan and the performance of all sub-consultants (if needed)

Coordination of the plan with the City of Pearland, Brazoria Drainage District No. 4 and specific outside authorities including, but not limited to, Brazoria County, Harris County Flood Control, and Fort Bend County.

Desired Expertise of the Project Team

Critical to the success of the Project will be the primary firm’s ability to foster and facilitate team building/partnering concepts between owner representation and outside agencies which will encourage an open and honest exchange of information and ideas throughout the entire process.

Specific design expertise, required as minimum qualifications for the Project team, must include experience in the following areas:

Drainage Hydraulics, Hydrology, and Modeling. Specifically:

o Extensive experience with HEC-RAS, including 1D and 2D modeling, and HEC-

HMS modeling;

o Experience with development of master drainage plans; and o Experience with the Letter of Map Revision.

Other qualifications critical to a successful project will include:

o Managing, administering, and providing oversight for a team that includes equipment manufacturers and their representatives;

o Communicating, involving, and coordinating with City/District Project Management and Operations personnel;

o QA/QC and other project controls; and o Familiarity with GLO and HUD standards, methods, and procedures.

Disadvantaged Business Enterprise/Minority and/or Women-Owned Business Enterprise o The ability of the successful Offeror to improve the City’s ability to meet ongoing DBE/MWBE goals and objectives is a key facet of the required qualifications.

o The SOQ submission should be clear as to the business status of the Offeror as to whether or not it is a Disadvantaged, Minority, and/or Women-Owned Business.

SECTION V – Interagency Coordination

To accomplish the goals of the project, the Design Firm must be able to execute extensive coordination with the City, various regulatory agencies, other public entities, and public and private utilities. Some of the scope of work may involve acquiring approvals and permits from applicable outside agencies.

The successful Offeror must have a demonstrated level of verifiable experience with the necessary interagency contacts and correspondence requirements for utility relocation, meeting any State and/or National environmental quality standards required, and/or securing any required permits and/or inspections. This aspect of the successful Offeror’s efforts will be heavily monitored, as several facets of Interagency Coordination will involve the City as well.

SECTION VI – SOQ Submission Requirements

This solicitation requires that each Offeror prepare a Statement of Qualifications (SOQ) on single-sided, 8 x 11 ½ pages, not to exceed 15 pages, and that consists of the following:

A. TRANSMITTAL LETTER. A solicitation transmittal letter, signed by a principal of the professional firm, with a statement as to the availability of the firm's team members to complete the work, and within the timeframe provided in the Offeror’s proposed schedule/timeline. (ONE PAGE LIMIT)

B. PROJECT APPROACH. A demonstration of the firm's understanding of the project through a concise outline of their proposed approach to the project. (THREE PAGE LIMIT)

C. FEDERAL/STATE FUNDED PROJECT EXPERIENCE. Evidence of the firm's ability to perform the work, which should include a history of its verifiable completion of federally funded and/or state funded masterplan development activities, and any/all federally funded and/or state funded projects the firm has completed as Prime Consultant. This section should include any information regarding the business entity’s HISTORY of performing federally funded and/or state funded work as a DBE and/or MWBE. (FIVE PAGE LIMIT)

D. PROJECT TEAM NARRATIVE. A narrative describing the team's experience working together within the last five (5) years on no less than three (3) previous, similar masterplan development projects, including any that involve experience with City of Pearland and/or BDD4 projects. This should include any subconsultants involved in the proposed team. (LIMITED TO ONE PAGE PER

PROJECT)

E. SCHEDULE/TIMELINE. An estimated timeline for completing all aspects of the design, engineering and surveying, environmental clearance, cost-estimation, and bid phase elements of the project. (ONE PAGE LIMIT)

F. REFERENCES. References, including names and telephone numbers of previous clients with similar projects that can verify the quality of work performed. Reference information should be provided using the ATTACHED REFERENCES FORM.

G. CERTIFICATIONS AND ASSURANCES. Completion of all required Certifications is required for this solicitation, including:

o LITIGATION HISTORY: Offeror must include in its RFQ Response a complete disclosure of any alleged or significant contractual failures. In addition, Offeror must disclose any and all civil OR criminal litigation OR investigation pending over the last three (3) years that involves Offeror OR litigation in which Offeror has been judged guilty or liable. Failure to comply with the terms of this provision may disqualify any Offeror. The RFQ Response may be rejected based upon Offeror's prior history with any Federal Agency, the State of Texas, City of Pearland, or with any other party that demonstrates, without limitation, unsatisfactory performance, adversarial or contentious demeanor, or significant failure(s) to meet contractual obligations. Offeror shall inform City of Pearland if it or any potential sub-consultant is currently or has ever been listed on the federal debarred list. If the Offeror or potential sub-consultant is currently, or has ever been suspended, Offeror must provide an explanation and current status of any pending resolution to the circumstances.

The LITIGATION HISTORY CERTIFICATION FORM must be provided with the Offeror’s submitted response to the RFQ.

o CERTIFICATION OF INTERESTED PARTIES FORM 1295: The successful Proposer is required to complete online and notarize the Certificate of Interested Parties Form 1295 and the form shall be submitted to the Purchasing contact listed in the solicitation before the purchase/contact shall be presented to the City Council. Form 1295 is to be completed at:

https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm.

o DEBARMENT CERTIFICATION: By signature on the Compliance Forms Signature Page, the respondent will certify that the firm, nor an owner or principal of the firm, has been debarred, suspended, or otherwise made ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension,” as described in the Federal Register and Rules and Regulations. A SAM.gov registration is required and MUST BE SUBMITTED with the response.

o NO EXCLUDED NATION OR FOREIGN TERRORIST ORGANIZATION: Chapter 2252 of the Texas Government Code provides that a Texas governmental entity may not enter into a contract with a company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization – specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas Government Code §§806.051, 807.051, or 2252.153.

(A company that the U.S. Government affirmatively declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.)

o MWSBE and/or HUB CERTIFICATION: Verification of MWSBE and/or HUB Certification should be provided with the submission. Contract negotiations with the Final Selection process will determine if this requirement is to be met by the successful Offeror.

o CONFLICT OF INTEREST DISCLOSURE: Pursuant to Chapter 176 of the Local Government Code, any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity (i.e. The City of Pearland) must disclose in the Questionnaire Form CIQ (“Questionnaire”) the person’s affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By law, the Questionnaire must be filed with the City of Pearland’s City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the City or submits an application or response to a request for qualifications, proposals, or bids, correspondence, or another writing related to a potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176.

o Compliance with Conflict-of-Interest requirements is the individual responsibility of each person or agent of a person who is subject to the requirements expressed herein. A failure to comply can be considered a Class C misdemeanor offense under Chapter 176. A copy of the Questionnaire Form CIQ is enclosed with the submittal documents, also available at:

http://www.ethics.state.tx.us/forms/CIQ.pdf.

H. DO NOT submit any fee-related AND/OR proposed cost information in this submittal.

Responses to this RFQ in the form of a Statement of Qualifications (SOQ) shall be submitted via the City's “E-Bid” System. Please reference the INTRODUCTION section on Page 3 of this solicitation document for specific information about the City’s IonWave “E-Bid” system and applicable submission requirements.

If for any reason, you are unable to complete the submittal package electronically, you may submit a hard copy of your SOQ to:

City of Pearland Office of the City Secretary 3519 Liberty Drive, Pearland, TX 77581 OFFICIAL RESPONSE TO RFQ No.: RFQ-87-26

Such submittals shall be placed in a sealed envelope and signed by a person having the authority to bind the firm in a contract and should be marked ON THE OUTSIDE OF THE SUBMITTAL ENVELOPE, clearly with MASTER DRAINAGE PLAN DEVELOPMENT RFQ No.:

RFQ-87-26

NOTE: Facsimile and/or email transmittals will not be accepted as valid submittals.

SECTION VII - Selection Criteria

Without overlapping and/or conflicting requirements, the City will utilize a combination of federal procurement regulations in 2 CFR 200 and statutory guidelines in Texas Government Code Section

2254.004 and the Unifor m Grant Management Standards in Chapter 783 as the basis for selecting a successful Offeror. An evaluation of qualifications will take place during the development of the initial shortlist, and the shortlisted entities will be invited to participate in interviews that will allow each firm to deliver presentations to the Selection Committee if deemed necessary. In the shortlisting process, the following elements will merit consideration:

Project management’s “ownership,” management and oversight capabilities Quality Assurance/Quality Control policies and procedures The firm's experience in performing similar assignments for other public owners, utilizing

HUD CDBG and Texas General Land Office funding, and the overall reputation of the firm The experience and successes of the firm and its team members in developing plans, specifications, and estimates (PS&Es) for locally let projects using Federal and/or State funds involving HUD CDBG and/or Texas General Land Office

The demonstration of innovative concepts and problem-solving on past projects Previous experience in drainage improvement/construction projects for municipalities Previous experience working on City of Pearland projects Proposed project approach Knowledge of local conditions, requirements, and design criteria The team's ability to meet the City's Disadvantaged Business Enterprise (DBE) goal The team's ability to meet CDBG-funded and/or General Land Office-funded project requirements applicable to drainage/infrastructure improvements The firm’s ability to assign qualified team members to management and oversight roles, and its capability for completing the project on schedule, with accuracy, efficiently, within agreed-upon costs, and in compliance with all applicable requirements

Securing environmental clearance and permits for CDBG-funded and/or General Land Office-funded projects.

As a basis for evaluating the qualifications of an Engineering firm during initial short list development and the firm presentations, the following elements merit consideration:

The firm’s past experience in performing similar assignments for other public owners, utilizing GLO or HUD funding and the overall reputation of the firm.

The firm’s experience and success in developing projects using Federal or State funds and which may be reviewed by the Texas General Land Office.

The depth of experience of the Team’s members in the particular fields required.

The firm’s ability to assign qualified team members that will be in responsible charge of the project and will be able to complete the work within the time schedule required.

The demonstration of innovative concepts and problem solving on past projects.

Proposed project approach.

Previous experience on Master Drainage projects for municipalities.

Previous experience on City of Pearland and Brazoria Drainage District No. 4 projects.

Knowledge of local conditions, requirements, and design criteria.

Demonstrate firm’s ownership in the project by addressing the following questions:

o What is your firm’s philosophy on project “ownership”?

o How will you ensure that all assigned personnel will take “ownership” of the project?

o Provide examples of taking “ownership” in projects that you have led. How did this result in a better, faster, less expensive project outcome?

o Explain your firm’s Quality Assurance /Quality Control Policy. Is it a written policy?

o What processes are in place to ensure the QA/QC Policy is followed?

o Provide examples where your QA/QC Policy saved a client money by avoiding a significant mistake before the project was bid/under construction.

o What action was taken to ensure the mistakes related to the above were not repeated?

The project has been assigned a goal of 11 percent Disadvantaged Business Enterprise

(DBE). The selected firm shall provide all documentation required for the “Good Faith” effort to meet this goal.

The shortlisting process will involve a scoring rubric that allows the Selection Committee to select the initial group of the most highly qualified providers, which will be based on the following evaluation points:

Table 1. Scoring Rubric

Evaluation Measure Points Qualification and Relevant Experience 50 pts Project Understanding and Technical Approach 10 pts Schedule and Demonstration to Meet 10 pts Current Workload and Availability to Start 5 pts Experience List 10 pts Compliance with Proposal Requirements 10 pts References 5 pts

TOTAL 100 pts

SECTION VIII - Selection Process Overview

A Selection Committee will review all SOQs, using the Scoring Rubric to rank the respondents and determine a shortlist for the project and will be used for reference material throughout the selection process. Once the shortlist has been determined, there may be an oral interview/ presentation session scheduled for the top shortlisted firms if deemed necessary. A firm's presentation should demonstrate its experience in providing engineering services for municipal drainage improvement projects of a similar nature, including its experience in coordination with other engineer team members, projects, and entities.

Based on the ranking of the SOQs and interviews (if required) the Consultant Selection Committee will determine the best-qualified firm based on demonstrated competence, experience, successful team history, and qualifications for the project. After the selection process has been completed, a detailed scope of services will be developed between the successful firm and the City of Pearland. Once this is agreed upon, the City will request a fee proposal for the scheduled services.

The price proposal generated should substantially reflect the same composition and level of involvement as presented in the Statement of Qualification. If a mutually agreeable cost/price proposal cannot be negotiated with the firm selected, the City of Pearland will formally end the negotiation and proceed to select and negotiate with the next most qualified firm based on demonstrated competence and qualifications.

SECTION IX - Contract

The Primary Design Firm will be required to enter into a contract with the City of Pearland in an agreement that complies with local City of Pearland standard terms and conditions for professional services, as well as required federal contract clauses for non-construction projects. These will include, but are not limited to: Termination for Convenience, Performance and Payment Bond, Conflict of Interest, Anti-Collusion, Lobbying, Debarment and Suspension/Exclusion, Non- Discrimination (Title VI Compliance), and others. Respondents are urged to review and seek guidance on the federal requirements in 2 CFR Part 200 and 44 CFR prior to submission of an RFQ, as these are applicable and shall be incorporated appropriately into any contract/agreement involving the scope of work.

Compliance with the Copeland “Anti-Kickback” Act.

Contractor. The Contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract.

Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these contract clauses.

Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R.

§ 5.12.” 5.

Compliance with the Contract Work Hours and Safety Standards Act.

(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages and interest from the date of the underpayment. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchpersons and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $32 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1).

(3) Withholding for unpaid wages and liquidated damages—

(i) Withholding Process. The City of Pearland may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor so much of the accrued payments or advances as may be considered necessary to satisfy the liabilities of the prime contractor or any subcontractor for any unpaid wages; monetary relief, including interest; and liquidated damages required by the clauses set forth in this paragraph (b) on this contract, any other federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act that is held by the same prime contractor (as defined in § 5.2). The necessary funds may be withheld from the contractor under this contract, any other federal contract with the same prime contractor, or any other federally assisted contract that is subject to the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency, and such funds may be used to satisfy the contractor liability for which the funds were withheld.

(ii) Priority to withheld funds. The Department has priority to funds withheld or to be withheld in accordance with paragraph (a)(2)(i) or (b)(3)(i) of this section, or both, over claims to those funds by:

a. A contractor's surety(ies), including without limitation performance bond sureties and payment bond sureties;

b. A contracting agency for its reprocurement costs;

c. A trustee(s) (either a court-appointed trustee or a U.S. trustee, or both) in bankruptcy of a contractor, or a contractor's bankruptcy estate;

d. A contractor's assignee(s);

e. A contractor's successor(s); or

f. A claim asserted under the Prompt Payment Act, 31 U.S.C. 3901-3907.

(4) Subcontracts. The contractor or subcontractor must insert in any subcontracts the clauses set forth in paragraphs (b)(1) through (5) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (5). In the event of any violations of these clauses, the prime contractor, and any subcontractor(s) responsible will be liable for any unpaid wages and monetary relief, including interest from the date of the underpayment or loss, due to any workers of lower-tier subcontractors, and associated liquidated damages and may be subject to debarment, as appropriate.

(5) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, any worker or job applicant for:

(i) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part;

(ii) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part;

(iii) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or

(iv) Informing any other person about their rights under CWHSSA or this part.

Further Compliance with the Contract Work Hours and Safety Standards Act.

The contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker’s correct classification(s) of work performed; hourly rates of wages paid;

daily and weekly number of hours actually worked; deductions made; and actual wages paid.

Records to be maintained under this provision must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview workers during working hours on the job.

PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known);

brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended.

In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

Clean Air Act.

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.

The contractor agrees to report each violation to the City of Pearland and understands and agrees that the City of Pearland will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by

FEMA.

Federal Water Pollution Control Act

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.

The contractor agrees to report each violation to the City of Pearland and understands and agrees that the City of Pearland will, in turn, report each violation as required to assure notification to the (name of the pass-through entity, if applicable), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.

Debarment and Suspension

Per Executive Orders 12549 and 12689, a contract award (see 2 CFR 180.220) shall not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties

Byrd Anti-Lobbying Amendment, as amended, 31 U.S.C. § 1352.

Contractors who apply or bid for an award of more than $100,000 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 or employee of Congress, or an employee of a Member of Congress in connection with obtaining any 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 who in turn will forward the certification(s) to the federal agency.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING.

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, _______________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Signature of Contractor’s Authorized Official

Name and Title of Contractor’s Authorized Official

Date

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—

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

b) Meeting contract performance requirements; or

c) At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at Comprehensive Procurement Guideline (CPG) Program | US EPA. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

Domestic Preference for Procurements.

The Contractor should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.

For purposes of this clause:

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.

SECTION X – Questions, Clarification, and Inquiries

ALL Questions are due no later than 5:00 p.m., Friday, July 31ST, 2026, and must be sent in writing via email to ebids@pearlandtx.gov, or may be delivered directly to the City Purchasing Office - City of Pearland, City Hall Annex located at 3523 Liberty Drive, Pearland, Texas 77581.

NOTE: No submitting firm shall, directly or indirectly, engage in any conduct (other than the submission of the RFQ or other prescribed submissions and/or presentations before the Consultant Selection Committees) to influence any employee or elected official of the City of Pearland concerning the award of a contract because of this solicitation.