Master Planning Consulting Services for Undeveloped Coastal Properties Owned by Cameron County

CAMERON COUNTY PURCHASING DEPARTMENT REQUEST FOR QUALIFICATIONS RFQ NUMBER # 230302 RFQ TITLE: MASTER PLANNING CONSULTING SERVICES FOR UNDEVELOPED COASTAL PROPERTIES OWNED BY CAMERON COUNTY DATE DUE: APRIL 18, 2023 DUE NO LATER THAN 3:00 P.M. RFQ’s will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 at 3:01 p.m. (as per Purchasing Dept. time clock) on deadline due date. RFQs received later than the date and time above will not be considered. Please return RFQ ORIGINAL (marked “ORIGINAL”) AND SEVEN (7) COPIES (marked “COPY”) sets and an electronic (PDF format file only) of your qualification statement for review by evaluation committee in a sealed envelope. Be sure that return envelope shows the RFQ Number, Description and is marked “SEALED RFQ”. RETURN RFQ TO: by U.S. mail or delivered to the office of Purchasing Dept., County Courthouse (Dancy Bldg.) 1100 E. Monroe St, 3rd Floor, Room 345,

Brownsville, Texas 78520. For additional information or to request addendum email: Ignacio Amezcua, Roberto Luna and/or Dalia Loera at ignacio.amezcua@co.cameron.tx.us Roberto.luna@co.cameron.tx.us or dalia.loera@co.cameron.tx.us, To ask specific questions on scope of work, please call: Joe E. Vega (Park Director) at 956- 761-3701. YOU MUST SIGN BELOW IN INK. FAILUFE TO SIGN WILL DISQUALIFY THE OFFER. Company Name: ___________________________________________________________________________________ Company Address: ____________________________________________________________________________ City, State, Zip Code: ____________________________________________________________________________ Historically Underutilized Business (State of Texas) Certification VID Number:_________________________________ Telephone No.____________________________Fax No._____________________e-mail_________________________ Print Name:________________________________________SIGNATURE:______________________________________ How did you find out about this RFQ? ________________________________________(ex: Newspaper, Web, Mail) Is Proposer’s principal place of Business within Cameron County? Yes - No Is Bidder’s principal place of Business within Cameron County? □ Yes □ No If yes what City: ____________________________ (Your signature attests to your offer to provide the goods and/or services in this RFQ according to the published provision of this RFQ. When an award letter is issued, this RFQ becomes the contract. If an RFQ required specific Contract is to be utilized in addition to this RFQ, this signed RFQ will become part of that contract. When an additional Contract is required a RFQ award does not constitute a contract award and RFQ / Contract is not valid until contract is awarded by Commissioners Court (when applicable) signed by County Judge) and Purchase Order is issued. Bidders/Responders must sign each page to ensure you have read each page’s information, terms, conditions and/or required forms. Failure to sign or initial each page will disqualify the BID/PROPOSAL/QUALIFICATION STATEMENT. mailto:ignacio.amezcua@co.cameron.tx.us mailto:Roberto.luna@co.cameron.tx.us mailto:dalia.loera@co.cameron.tx.us Page 2 of 30 RFQ # 230302 Responder’s signature/initials: __________ CHECK LIST Proposers are asked to review the package to be sure that all applicable parts are included. If any portion of the package is missing, notify the Purchasing Department immediately. It is the Proposer’s responsibility to be familiar with all the Requirements and Specifications. Be sure you understand the following before you return your RFP/RFQ packet. _X__ Cover Sheet Your company name, address and your signature (IN INK) should appear on this page. _X__ Instructions to Proposers You should be familiar with all of the Instructions to Proposers. _X__ Special Requirements This section provides information you must know in order to make an offer properly. _X__ Specifications / Scope of Work This section contains the detailed description of the product/service sought by the County. Attachments _X__ Attachments A, B, C, D, E, F, G, H , I Be sure to complete these forms and return with packet. ____ Minimum Insurance Requirements Included when applicable ____ Worker’s Compensation Insurance Coverage Rule 110.110 This requirement is applicable for a building or construction contract. ____ Financial Statement When this information is required, you must use this form. Other - Final reminders to double check before submitting RFP/RFQ ____ Is your RFP sealed with RFP #, title, Proposer’s Name, & return address, on outside? ____ Did you complete, sign and submit page 1? ____ Did you provide the number of copies as required on the cover page? ____ Did you visit our website for any addendums? https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ If not interested in responding please let us know why e-mail to: Purchasing@co.cameron.tx.us https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ mailto:Purchasing@co.cameron.tx.us Page 3 of 30 RFQ # 230302 Responder’s signature/initials: __________ INSTRUCTIONS FOR SUBMITTING RFQ’S MASTER PLANNING CONSULTING SERVICES FOR UNDEVELOPED COASTAL PROPERTIES OWNED BY CAMERON COUNTY RFQ # 230302 These General Instructions apply to all offers made to Cameron County, Texas (herein after referred to as “County”) by all prospective vendors (herein after referred to as “Proposers”) on behalf of Solicitations including, but not limited to, Invitations to RFQ and Requests for Quotes. Carefully read all instructions, requirements and specifications. Fill out all forms properly and completely. Submit your RFQ with all appropriate supplements and/or samples. Prior to returning your sealed RFQ response / submittal, all Addendums - if issued - should be reviewed and downloaded by entering the County Purchasing web at: https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ Addendums Column (updated Addendums). These Addendums must be signed and returned with your RFQ in order to avoid disqualification. All Tabulations can also be viewed and downloaded at this site. Annual award information can be accessed at: https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ Review this document in its entirety. Be sure your RFQ is complete, and double check your RFQ for accuracy. Cameron County is an Equal Employment Opportunity Employer. Review this document in its entirety. Be sure your RFQ is complete, and double check your RFQ for accuracy. GOVERNING FORMS: In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Cameron County’s interpretation shall govern. Where substitutions are used, they must be of equivalent value or service, and specified by the Proposer as such, in the columns to the right on the "Minimum Specifications' Forms". The County’s specifications may be exceeded and should be noted by the Vendor as such. Any RFQ NOT MEETING the Minimum Requirements specified will be rejected. GOVERNING FORMS: In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Cameron County’s interpretation shall govern. GOVERNING LAW: This invitation to RFQ is governed by the competitive RFQ requirements of the County Purchasing Act, Texas Local Government Code, δ262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Cameron County may request and rely on advice, decisions and opinions of the Attorney General of Texas and the County Attorney concerning any portion of these requirements. Questions requiring only clarification of instructions or specifications will be handled verbally. If any questions result in a change or addition to this RFQ, the Change(s) and addition(s) will be forwarded to all vendors involved as quickly as possible in the form of an addendum. Verbal changes to Bids/RFP’s/RFQ’s must be backed-up by written addendum or written Q/A clarifications which would be posted on County Purchasing Web site. Without written Addendum or written Q / A clarification, verbal changes to RFQ will not apply. Sign the Vendor’s Affidavit Notice, complete answers to Attachments A, B, C, D, E, F, G, H, I, and return all with your RFQ. CONFLICT OF INTEREST QUESTIONNAIRE: For all persons and business entities doing business with Cameron County: This questionnaire must be submitted with the response to this RFQ and filed in accordance with chapter §176 of the Local Government Code by a persons and business entities doing business with Cameron County. By law this questionnaire must be filed with the records administrator of the Cameron County Clerk’s office not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section §176.006, Local Government Code. A person (or entity or both) commits an offense if the person violates Section §176.006, Local Govt. Code. A vendor commits an offense if the vendor: (1) is required to file a conflict of interest questionnaire under Section §176.006; and either: https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ https://www.cameroncounty.us/purchasing-bids-rfpq-addms-tabs/ Page 4 of 30 RFQ # 230302 Responder’s signature/initials: __________ (A) knowingly fails to file the required questionnaire with the appropriate records administrator not later than 5 p.m. on the seventh business day after the date on which the vendor becomes aware of the facts that require the filing of the questionnaire; or (B) knowingly fails to file the required questionnaire with the appropriate records administrator not later than 5 p.m. on the seventh business day after the date on which the vendor becomes aware of an event that would make a statement in a questionnaire previously filed by the vendor incomplete or inaccurate. Under Section §176.013, Local Government Code An offense under this section is (1) a Class C misdemeanor if the contract amount is less than $1 million or if there is no contract amount for the contract; (2) a Class B misdemeanor if the contract amount is at least $1 million but less than $5 million; or (3) a Class A misdemeanor if the contract amount is at least $5 million. Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this Conflict of Interest form, you must file with County Clerk’s Office subject to above instructions. The form can be downloaded at the following web site: https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf DISCLOSURE OF INTERESTS: This questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government and no later than the 7th business day after the person becomes aware of facts that require this statement to be filed. Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information if the person becomes aware of facts that require this statement to be filed. Every question must be answered. If the question is not applicable, answer with “N/A.” Please review this entire document, if for any reason there is any information to disclose, relative to any questions in this disclosure of interest form, you must file with County Clerk’s Office subject to above instructions. The form can be downloaded at the following web site: https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.pdf TEXAS ETHICS COMMISSION FORM 1295 All RFQs prior to award or award of Contract by Commissioner’s Court will require that the Texas Ethics Commission (TEC) Form 1295 Electronic (on line) Vendor filing procedure be completed by Vendor. All Vendors being recommended to Commissioners Court for award or renewal of award on Agenda must register and obtain a TEC Certification for the specific award. This Certification Form 1295 must be electronically submitted, printed and notarized. Notarized form must be emailed or delivered to County Purchasing Department making the request for form. This process must be completed prior to Commissioners Court Agenda for approval consideration of RFQ award. There is no charge for this TEC online process. Texas Ethics Commission (TEC) Form 1295 must be completed (by firm - on line “New Form 1295 Certificate of Interested Parties Electronic Filing Application” Site at: https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm ) If any Vendors have questions as to TEC Form 1295 visit the County Purchasing Web site left column tab “Vendor – TEC Form 1295” for more information. TEC Web site links can be found at this location including Question / Answers and Video instructions. tab Link: https://www.cameroncounty.us/vendors-tec-form-1295/ Respondents SHALL SUBMIT RESPONSES TO THIS RFQ ON THE FORM PROVIDED, SIGN THE VENDOR AFFIDAVIT, AND RETURN ENTIRE RFQ PACKET. In the event of inclement weather and County Offices are officially closed on a RFQs deadline day, RFQ’s will be received unit 2:00 p.m. of the next business day. Qualifications will be opened at the Cameron County Courthouse, 1100 East Monroe Street, Brownsville, Texas in the Purchasing Department – 3rd Floor – Room # 345 (as per Purchasing Dept. time clock. RFQs SUBMITTED AFTER THE SUBMISSION DEADLINE SHALL BE RETURNED UNOPENED AND WILL BE CONSIDERED VOID AND UNACCEPTABLE. https://www.cameroncounty.us/wp-content/uploads/Purchasing/docs/Conflict_of_Interest_Questionnaire_New_2015__.pdf https://www.cameroncounty.us/wp-content/uploads/Purchasing/CIS.pdf https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm https://www.cameroncounty.us/vendors-tec-form-1295/ Page 5 of 30 RFQ # 230302 Responder’s signature/initials: __________ PROPOSERS MAY ATTEND PUBLICLY HELD COMM COURT MEETING FOR AWARD OF THIS SOLICITATION. All responding bidders/ proposers are welcome to attend the publicly held Commissioners Court meeting relative to the outcome / award of this solicitation. Court Meeting agenda date and times may be obtained at the following web site: http://www.co.cameron.tx.us/judge/agenda.htm SUCCESSFUL VENDOR WILL BE NOTIFIED BY MAIL. All responding vendors will receive written notification regarding the outcome of the award. PLEASE NOTE CAREFULLY THIS IS THE ONLY APPROVED INSTRUCTION FOR USE ON YOUR RFQ. ITEMS BELOW APPLY TO AND BECOME A PART OF TERMS AND CONDITIONS OF RFQ. ANY EXCEPTIONS THERETO MUST BE IN WRITING. 1. ORIGINAL (marked “ORIGINAL”) AND SEVEN ( 7 ) COPIES OF RFQs and one electronic “PDF file format only” MUST BE SUBMITTED.. Each RFQ shall be placed in a separate envelope completely and properly identified with the name and number of the RFQ. RFQ’s must be in the Purchasing Department BEFORE the hour and date specified. 2. RFQ’s MUST give full firm name and address of the Proposer. Failure to manually sign RFQ will disqualify it. Person signing RFQ should show TITLE or AUTHORITY TO BIND THE FIRM IN A CONTRACT. 3. RFQ’s CANNOT be altered or amended after deadline time. Any alterations made before deadline time must be initiated by Proposer or his authorized agent. No RFQ can be withdrawn after opening time without approval by the Commissioners Court based on a written acceptable reason. 4. The County is exempt from State Sales Tax and Federal Excise Tax. DO NOT INCLUDE TAX IN RFQ. Cameron County claims exemption from all sales and/or use taxes under Texas Tax Code δ151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Cameron County Purchasing Agent. 7. If RESPONDENT takes no exception to specifications or reference data, RESPONDENT will be required to provide details etc. as specified. 8. Written and verbal inquires pertaining to RFQ’s must give RFQ Number and Company. 9. NO substitutions or cancellations permitted without written approval of Purchasing Agent. 10. The County reserves the right to accept or reject all or any part of any RFQ, waiver minor technicalities. The County of Cameron reserves the right to award by item category or by total RFQ. 11. This is a RFQ inquiry only and implies no obligation on the part of Cameron County. 12. Partial or incomplete RFQ submittals will not be accepted. The County is seeking qualifications for the Respondent to write and administer a complete solution to the subject matter of this RFQ. All RFQ requests must be addressed in the Respondent’s submittal. 13. It is expected that the RESPONDENT will meet all state and federal safety standards and laws in effect on the date of the 12. Acceptance of and final payment for the item will be contingent upon satisfactory performance of the product received by Cameron County. 13. Partial RFQ’s will not be accepted unless awarded by category or line item. To be awarded by total RFQ. 14. It is expected that the Proposer will meet all state and federal safety standards and laws in effect on the date of the RFQ for the item(s) being specified, and the particular use for which they are meant. ALTERING RFQ: Any interlineations alterations, or erasures made before opening time must be initialed by the Respondent, guaranteeing authenticity. WITHDRAWAL OF RFQ: An RFQ may not be withdrawn or cancelled by the Respondent without the written acknowledgement of the County for a period of (60) days following the date designated for the receipt of RFQ, and Respondent so agrees upon submittal of Respondent’s response to the RFQ. ORAL CHANGES: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated of this RFQ. All changes to this RFQ will be made in writing by the Cameron County Purchasing Department. http://www.co.cameron.tx.us/judge/agenda.htm Page 6 of 30 RFQ # 230302 Responder’s signature/initials: __________ CONFLICT OF INTEREST: No public official shall have an interest in this RFQ except in accordance with Vernon’s Texas Codes Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The Respondent shall not offer or accept any gifts or anything of value nor enter into any business agreement with any employee or agent of Cameron County. ADDENDA: Any interpretations, corrections or changes to this RFQ will be made by addenda. Sole issuing authority of addenda shall be vested in Cameron County Purchasing Department. Addenda will be posted to the purchasing Bids web site in the Addm column. Respondents shall acknowledge receipt of all addenda in writing. SUCCESSFUL RESPONDENTS, UPON ENTERING INTO AN AGREEMENT WITH THE COUNTY, SHALL BE REQUIRED TO DEFEND, INDEMNIFY AND SAVE AND HOLD HARMLESS CAMERON COUNTY AND ALL ITS OFFICERS, AGENT, EMPLOYEES FROM ALL SUITS, ACTIONS, OR OTHER CLAIMS OF ANY PERSON, PERSONS, OR PROPERTY ON ACCOUNT OF NEGLIGENT ACT OR FAULT OF THE SUCCESSFUL RESPONDENT. NOTICE: Any notice provided by this RFQ or required by Law to be given to the successful Respondent by Cameron County shall be conclusively deemed to have been given and received on the next day after such written notice has been deposited in the mail in Brownsville, Texas by Registered or Certified mail sufficient postage affixed thereto, addressed to the successful Respondent at the address so provided: this shall not prevent the giving of actual notice in any other manner. VENUE: Any agreement arising out of this RFQ will be governed by and construed in accordance with the laws of the State of Texas. The obligation and undertaking of each of the parties to this RFQ shall be performable in Cameron County, Texas. INVOICES AND PAYMENTS: (a) Seller shall submit separate invoices, in duplicate, on each purchase order after each delivery or service is rendered. Invoices shall indicate the purchase order number, shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight weigh bill when applicable, should be attached to the invoice. Mail to: Cameron County, ATTN: Auditor’s Office, 1100 E. Monroe St, 3rd Floor, Brownsville, Texas 78520. Payment shall not be due until the above instruments are submitted after delivery. Suppliers should keep the Finance Department advised of any changes in your remittance addresses. (b) Buyer’s obligation is payable only and solely from funds available for the purpose of the purchase. Lack of funds shall render this contract null and void to the extend funds are not available and any delivered buy unpaid for goods will be returned to Seller by Buyer. (c) Do not include Federal Excise, State or City Sales Tax. County shall furnish tax exemption certificate if required. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, will be returned to the offeror for correction. Under term contracts, when multiple deliveries and/or services are required, the offeror may invoice following each delivery and the County will pay on invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. Prior to any and all payments made for good and/or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with the Cameron County Auditor’s office. Failure to provide this information may result in a delay in payment and/or back-up withholding as required by the Internal Revenue Services. Proposer shall submit two (2) copies of an itemized invoice showing RFQ number and purchase order number to: CAMERON COUNTY AUDITOR ACCOUNTS PAYABLE 1100 E. Monroe St, 3rd Floor, BROWNSVILLE, TEXAS 78520 Please note that any payment due under this RFQ award will be applied towards any debt, including but not limited to delinquent taxes that is owed to Cameron County. PAYMENT DISCOUNT: Indicate the payment discount (s) available depending on the when invoices are paid. For example, 1/30 means a 1% discount if paid within 30 days, 2/15 means a 2% discount if paid within 15 days, etc. Payment in full will be made within thirty (30) days of delivery, inspection, and receipt of invoice. All costs quotations must include all the various features needed to satisfy the requirements. Note: No amounts will be paid for the items in this RFQ in excess of the amounts quoted. Page 7 of 30 RFQ # 230302 Responder’s signature/initials: __________ CAMERON COUNTY, TEXAS REQUEST FOR QUALIFICATIONS RFQ #230302 MASTER PLANNING CONSULTING SERVICES FOR UNDEVELOPED COASTAL PROPERTIES OWNED BY CAMERON COUNTY Table of Contents I. Project Description II Scope of Work III Request for Qualifications Response Requirements IV Evaluation of Responses Exhibit “A” AGREEMENT FOR PROFESSIONAL SERVICES SECTION I: PROJECT DESCRIPTION A. PURPOSE This Request for Qualifications (RFQ) invites submittals from experienced firms or individuals for the provision of preparing a Master Plan for undeveloped coastal property owned by Cameron County. The Cameron County Parks and Recreation Department is seeking a planning consultant to help with the assessment of the undeveloped coastal property owned by Cameron County. The assessments will help determine both short term and long-term improvements and potential land usage which will then be used as a guide that Cameron County staff and officials could use as they evaluate development opportunities for undeveloped coastal properties owned by Cameron County. The purpose of this project is to develop a master plan for the Cameron County Commissioners Court and the Cameron County Parks & Recreation Department. The master plan will be a tool to guide Cameron County for improvement ideas for the undeveloped coastal properties owned by Cameron County, as well as identify potential new concessionaires that may operate in park areas designated as part of the planning process. B. PROJECT SUMMARY 1. Introduction The objective of the RFQ and subsequent contracting activity is to secure the services of a capable and experienced FIRM who is capable of efficiently planning and preparing a land use Master Plan of undeveloped coastal properties owned by Cameron County. (See Exhibit “A” AGREEMENT FOR PROFESSIONAL SERVICES). The planning process will provide opportunities for area stakeholders, current concessionaires and citizens of the area to review strategies for the parks and to provide input. Recommendations shall be illustrated with sufficient clarity to convey their intent, and shall be compiled into a master plan document that will guide implementation of the recommendations. The recommendations of the plan will be presented to the Cameron County Commissioners Court for approval. SECTION II: SCOPE OF WORK The following General Scope of Work is envisioned for the project and should be considered when responding to the RFQ. Nothing in this description shall be construed to limiting the potential scope of work to this description or to requiring that this description be included in the final scope of work for the project. Page 8 of 30 RFQ # 230302 Responder’s signature/initials: __________ Nothing in the following General Scope of Work should be construed as limiting the types of work that a potential Consultant may address in a response to this Request for Qualifications. Responders should address all services which, on the basis of their experience, are deemed necessary to achieving the County’s interest in preparing a Master Plan for the undeveloped coastal property owned by Cameron County. GENERAL SCOPE OF WORK The scope of work for this project shall include but not limited to the elements listed below. 1. Physical Assessment of undeveloped coastal county property on Cameron County. 2. Investigate any potential restrictions of land use. 3. Stakeholder and Public Input meeting. 4. Preparation of Alternative Strategies and Concepts. 5. Preparation of Potential Improvement Costs. 6. Final Public and Stakeholder Review. 7. Summary Master Plan Document, including Action Plan and Funding Strategy 8. Approval by Commissioners Court 9. Coordination with County Parks & Recreation Department and Commissioners Court throughout the project SECTION III: RFQ RESPONSE REQUIREMENTS QUALIFICATION CRITERIA AND INFORMATION REQUIRED I Letter of Transmittal and Affidavit: Each proposal must be accompanied by a Letter of Transmittal signed by an authorized representative of the Submitter. The letter must contain: A. Identify the project by name as “Master Planning Consulting Services for Undeveloped Coastal Properties Owned by Cameron County” and RFQ #230302. B. Include the following information: 1. Name of firm or individual 2. Address, telephone number and fax number 3. When organized 4. How many years the firm has been engaged in business under the present name 5. General types of work performed by the firm 6. Contracts currently on hand or in effect 7. The following questions and the firm's answers: a. Have you ever failed to complete any work awarded to you? If so, explain. b. Have you ever defaulted on a contract? If so, explain. 8. Description and history of lead firm, including work with federal, state, and local entities. Description and history of partner or sub consultant firms, if any are proposed (total of 3 pages maximum for both descriptions) 9. Name and resume of project manager or lead planner, including relevant experience and current availability (one page maximum) 10. Names and resumes of key project consultants, including expertise in relevant areas. Include an organizational chart showing the role of each person. Include the current availability of each key staff member (three pages maximum) Page 9 of 30 RFQ # 230302 Responder’s signature/initials: __________ 11. Understanding of the project and knowledge of local conditions and issues (five pages maximum) 12. List of at least 5 relevant or similar efforts, including client names, references, project dates, and telephone numbers for references (five pages maximum) 13. Schedule of planning process and project timeline (one page maximum) C. Be signed by an individual, identified by name and title, authorized to represent the Submitter in this matter. Respondents to this RFQ are asked to provide the information listed below. Incomplete submissions may be deemed unresponsive. II. Contracting Requirements: A. Successful Consultant must perform as an independent contractor and, as such, must have and maintain complete control over all of its employees and operations. Provide a statement of intent. B. Successful Consultant must not assign, sublet, or transfer its interest or obligations of this project. Provide a statement of intent. III. Insurance Requirements: A. Consultant must provide proof of insurance to demonstrate compliance with the County's requirements specified in this package. Provide certification of insurance capacity. B. Successful Consultant must not begin any work under the contract until he/she has obtained all required insurance and provided the County Contract Administrator with the related certificates and endorsements. Nor shall the Consultant allow any Subcontractor to commence work until all similar insurance required of the Subcontractor has been so obtained. The Consultant may provide insurance coverage for all his Subcontractors, at Consultant's cost. However, all Subcontractors must provide their own Workers' Compensation Insurance per State law. For the duration of the project, the Consultant must provide the insurance listed below and document required coverage with certificates of insurance. Provide statement of compliance. IV. Use of Subcontractors: A. Successful Consultant may use Subcontractors for this project. Consultant must list Subcontractors proposed for this project and their respective duties. B. No Subcontractor may provide services unless the County consents. The Consultant shall be responsible for completing all contract work even if a Subcontractor has assumed responsibility to complete certain work. Also, the Consultant shall be responsible for the actions and performance of all Subcontractors. Furthermore, the Consultant agrees that any subcontract for this project will include the same mandatory insurance requirements in favor of the County as are specified in the County's contract with the Consultant, unless Consultant provides such coverage for his/her Subcontractors. However, all subcontractors must provide their own Workers' Compensation Insurance per State law. Subcontractor certificates of insurance and endorsements must be collected by the Consultant and made available for County Contract Administrator review upon request. Provide statement of compliance. SECTION IV: EVALUATION OF RESPONSES A. EVALUATION PROCESS Consultants will be evaluated for this project solely on the basis of the information submitted in response to the Request for Qualifications. The County will use the following evaluation process to identify the Best Qualified responder. Page 10 of 30 RFQ # 230302 Responder’s signature/initials: __________ WEIGHTED QUANTITATIVE SCORING: Each Vendor will be assigned a score of 0 - 4 by each evaluator for each criteria 4 = Very good / Exceeds expectations 3 = Above expectations 2 = Meets expectations 1 = Does not meet expectations 0 = non-responsive Evaluators score by category will be multiplied by the assigned weight for each criteria by vendor then totaled. Once RFQ’s Qualification Statements are reviewed and scored, a short list will be compiled. Interviews may be conducted with Vendors determined by total score rankings. Additional information may be required at that time. Negotiations will begin with the Vendors selected for the project. Commissioners Court will make the final selection and possible approval of the contract. 1. Submitters will be evaluated on the basis of the technical and project performance information they submitted. Each proposer will be evaluated based on the point awards in the following categories. The point values shown are the maximums associated with each category. EVALUATION AND SELECTION CRITERIA The following criteria will be used to evaluate and grade qualification statements. • Experience of project manager with the Cameron County project sites, local conditions and key issues - 10 POINTS • Experience and capabilities of other specific team members assigned to this effort -10 POINTS • Previous experience of team firms on relevant efforts – 30 POINTS • Demonstrable understanding of the project, and approach to developing a concise and clear strategy for the project - 30 POINTS • Schedule and availability of staff to mobilize for this effort – clearly demonstrated sequence of steps and time that will be necessary to satisfactorily complete all proposed tasks, and availability of key staff members – 10 POINTS • Demonstrated financial stability of lead firm and any related sub consultant firms - 10 POINTS 2. The total points assigned for each proposal will be the basis for identifying and selecting the best qualified submitter. 3. Submission of a response to this RFQ implies Submitter’s acceptance of the evaluation technique and that subjective judgment must be made by Cameron County during the assigning of points. 4. The County reserves the right to deny qualification to any Consultant that, in the opinion of the County, does not satisfy the Mandatory Pre-Qualification Criteria or is not capable of satisfying the Project Requirements. The County may, at its own discretion, waive defects, irregularities, or informalities in the pre-qualification process or in any response to the process that, in the County Contract Administrator's opinion, seems most advantageous to the County and in the best interest of the public. Page 11 of 30 RFQ # 230302 Responder’s signature/initials: __________ B. GENERAL PROVISIONS 1. Submitter’s may request additional information on the project for the purpose of fully understanding the Cameron County Dune Protection and Beach Access Plan, Cameron County Erosion Response Plan and the obligations of the successful Consultant. 2. The County reserves the right to extend the proposal submission deadline, reject all submittals, reissue the RFQ package, or cancel the RFQ process at any time. 3. In accordance with Section §252.049 of the Texas Local Government Code, responses to this RFQ will be opened in a manner that avoids disclosure of the contents to competing submitters and keeps the submittals secret during the qualification process. All submittals will be open for public inspection after a contract is awarded, but trade secrets and confidential information in the submittals are not open for public inspection. It is specifically provided, however, that each Submitter must identify any information contained in the submittal that the Submitter asserts is either a trade secret or confidential information. This material must be identified conspicuously by marking each page containing this information. In the event such material is not conspicuously identified, then by submitting a response the Submitter agrees that such material will be considered public information. Page 12 of 30 RFQ # 230302 Responder’s signature/initials: __________ Attachment A RFQ Title __________________ Proposer’s Name__________________ Date: _____________ REFERENCES Please list three (3) references of current customers who can verify the quality of service your company provides. The County prefers customers of similar size and scope of work to this RFQ. THIS FORM MUST BE RETURNED WITH YOUR RFQ. REFERENCE ONE Government/Company Name:_________________________________________________________ Address:__________________________________________________________________________ Contact Person and Title:_____________________________________________________________ Phone:___________________________________ e-mail address:_____________________________ Contract Period:___________________________ Scope of Work___________________________ REFERENCE TWO Government/Company Name:_________________________________________________________ Address:__________________________________________________________________________ Contact Person and Title:_____________________________________________________________ Phone:___________________________________ e-mail address:____________________________ Contract Period:___________________________ Scope of Work___________________________ REFERENCE THREE Government/Company Name:_________________________________________________________ Address:__________________________________________________________________________ Contact Person and Title:_____________________________________________________________ Phone:___________________________________ e-mail address:____________________________ Contract Period:___________________________ Scope of Work___________________________ THIS FORM MUST BE RETURNED WITH YOUR RFQ Page 13 of 30 RFQ # 230302 Responder’s signature/initials: __________ Attachment B STATE OF TEXAS COUNTY OF CAMERON AFFIDAVIT The undersigned certifies that the RFQ information will be been carefully checked and submitted as correct and final and if RFQ is accepted (within 60 days), agrees to furnish any and/or all items upon the conditions contained in the Contract. BEFORE ME, the undersigned authority, A Notary Public in and for the State of _______, on this day personally appeared _________________________________________________________________________________ who, after having first been duly sworn, upon oath did depose and say; That the foregoing RFP/RFQ submitted by______________________________________________ Hereinafter called “Proposer” is the duly authorized agent of said company and that the person signing said proposal has been duly authorized to execute the same. Proposer affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this RFP/RFQ in collusion with any other Proposer. The Proposer is not a member of any trust, pool, or combination to control the price of products or services RFP/RFQ on, or to influence any person to RFP/RFQ or not to RFP/RFQ thereon. I further affirm that the Proposer has not given, offered to give, nor intends to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discounts, trip, favor, or service to a public servant in connection with the submitted RFP/RFQ. The contents of this RFP/RFQ as to prices, terms or conditions of said RFP/RFQ have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this RFP/RFQ. Name and Address of Proposer: ________________________________ ________________________________ ________________________________ Telephone number_________________ Fax number_______________________ _______________________________________ Signature Name: __________________________________ Title: ___________________________________ SWORN TO AND SUBSCRIBE BEFORE ME THIS __________ day of____________20_______. _____________________ _____________ _____________ Notary Public in and for County State THIS FORM MUST BE RETURNED WITH YOUR RFQ Page 14 of 30 RFQ # 230302 Responder’s signature/initials: __________ Attachment C RESIDENCE CERTIFICATION Pursuant to Texas Government Code §2252.001 et seq., as amended, Cameron County requests Residence Certification. §2252.001 et seq. of the Government Code provides some restrictions on the awarding of governmental contracts; pertinent provisions of §2252.001 are stated below: (3) “Nonresident Proposer” refers to a person who is not a resident. (4) “Resident Proposer” refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. � I certify that ______________________________________________________is a Resident (Company Name) Proposer of Texas as defined in Government Code §2252.001. � I certify that ___________________________________________________ is a Nonresident (Company Name) Proposer as defined in Government Code §2252.001 and our principal place of business is _______________________________________________________________. (City and State) THIS FORM MUST BE RETURNED WITH YOUR RFQ Page 15 of 30 RFQ # 230302 Responder’s signature/initials: __________ Attachment D ATTACHMENT D CAMERON COUNTY EXPRESSLY REQUESTS THAT BIDDERS / PROPOSERS NOT DISCUSS THIS ENGAGEMENT OR THIS BIDDER’S / PROPOSER’S PLANS, EXPERIENCE OR CREDENTIALS WITH OTHER BIDDERS / PROPOSERS OR ANY MEMBER OF COMMISSIONERS’ COURT, ANY COUNTY OFFICIAL, OR ANY EVALUATION COMMITTEE MEMBER APPOINTED BY COMMISSIONERS COURT. EXCLUDED ARE PRE-BID OR PRE-PROPOSAL CONFERENCES, EVALUATION COMMITTEE SCHEDULED PROPOSER PRESENTATIONS OR PROPOSER INTERVIEWS, OR EVALUATION COMMITTEE SCHEDULED EQUIPMENT OR SERVICES DEMONSTRATIONS. YOU MAY CONTACT THE ASST. AUDITOR / PURCHASING DEPARTMENT AT ANY TIME. FROM RFQ OPENING DATE THROUGH COMMISSIONERS COURT MEETING FOR SELECTION, VENDORS WILL NOT APPROACH THE COUNTY JUDGE OR COMMISSIONERS TO DISCUSS MATTERS PERTAINING TO THIS RFQ. 01. Has any individual with the firm submitting this Proposal/RFQ/Response made any contact with any member of Commissioners Court, any County Official, or an Evaluation Committee member concerning this Invitation to Bid/RFP/RFQ, other than questions to the Assistant County Auditor/Purchasing Officer? _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ 02. Has any individual with the firm submitting this Proposal/Bid/Response made any contact with any other Bidder or Proposer concerning this Invitation to Bid/RFP/RFQ? _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________ _________ Signature of person doing business with the governmental entity Date THIS FORM MUST BE RETURNED WITH YOUR RFQ Page 16 of 30 RFQ # 230302 Responder’s signature/initials: __________ Attachment E ORDER NO. 2007O2005 THE STATE OF TEXAS § § COUNTY OF CAMERON § ORDER ADOPTING CONTRACTING RULES FOR PERSONS INDEBTED TO COUNTY WHEREAS, pursuant to V.T.C.A., Local Government Code, Section §262.0276, a commissioner’s court is authorized to adopt rules permitting a county to refuse to enter into a contract or other transaction with a person indebted to the county; WHEREAS, the Commissioners Court of Cameron County finds it is in the best interest of Cameron County to adopt such rules; NOW THEREFORE, BE IT ORDERED by the Commissioners Court of Cameron County, that the following rules be adopted regarding Cameron County and persons interested in doing business with Cameron County: 1. Cameron County may refuse to enter into a contract or other transaction with a person with a past due debt to Cameron County, including delinquent ad valorem taxes, even if the person is the lowest bidder or successful proposer; and 2. For purposes of this Order, a debt is past due if it is not received in the County Treasurer’s Office by the due date in a written agreement or notice, and ad valorem taxes are past due if not received in the County Tax Assessor/Collector’s Office by February 1st following the January 1st on which the ad valorem taxes are due. 3. For purposes of this Order, a person includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with Cameron County requiring approval by the Commissioners Court. ADOPTED this 13 day of March, 2007. Taxpayer Identification Number (T.I.N.):________________________________________________________ Cameron County Acct #’s: Real Estate ___________________________ Personal Property___________________ 01. Is the person or the firm submitting this RFQ current with all local and State taxes? _____________________________________________________________________________________ _____________________________________________________ ______ Signature of person doing business with the governmental entity Date THIS FORM MUST BE RETURNED WITH YOUR RFQ Page 17 of 30 RFQ # 230302 Responder’s signature/initials: __________ Attachment F Certification Regarding Debarment, Suspension Ineligibility As is required by the Federal Regulations Implementing Executive Order 12549, Debarment and Suspension, 45 CFR Part 76, Government-wide Debarment and Suspension, in the applicant certifies, to the best of his or her knowledge and belief, that both it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency; b. Have not within a three-year period preceding this bid/proposal and/or application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes or commission of embezzlement, theft, theory, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity with commission of any of the offenses enumerated herein; and d. Have not within a three-year period preceding this bid/proposal and/or application had one or more public transactions terminated of cause or default. Signature: _________________ _______________ Print Name: ____________________ Title: ________________________ __________ _ Telephone Number: ________________ _____ _ Date: ___________________ If the Bidder / Proposer is unable to certify to all of the statements in this Certification, such Bidder / Proposer should attach an explanation to this Bid / Proposal. THIS FORM MUST BE RETURNED WITH YOUR RFQ Page 18 of 30 RFQ # 230302 Responder’s signature/initials: __________ Attachment G CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. OFFICE USE ONLY Date Received 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 _______________________________________ Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics,state.tx.us Revised 1/1/2021 THIS FORM MUST BE RETURNED WITH YOUR RFQ http://www.ethics,state.tx.us/ Page 19 of 30 RFQ # 230302 Responder’s signature/initials: __________ NEPOTISM CHART AFFINITY KINSHIP Relationship by Marriage The chart below shows • Affinity Kinship (relationship by marriage) • Consanguinity Kinship (relationship by blood) for purposes of interpreting nepotism as defined in VTCA Government Code, Chapter 573, §§573.021 - .025 CONSANGUINITY KINSHIP Relationship by Blood Page 20 of 30 RFQ # 230302 Responder’s signature/initials: __________ Attachment H DISCLOSURE OF INTERESTS MUST BE FILLED OUT AND SUBMITTED WITH THE BID/RFP/RFQ IF DISCLOSING: BIDDER / PROPOSER MUST ALSO FILE WITH THE COUNTY CLERK’S OFFICE THE PURCHASING DEPT. WILL NOT BE FILING ON THE BIDDER’S BEHALF Cameron County, Texas requires all persons or firms seeking to do business with the County to provide the following information. Every question must be answered. If the question is not applicable, answer with “N/A.” By law this questionnaire must be filed with the records administrator (County Clerk’s Office) of the local government. Date ____________ FIRM NAME: _____________________________________________________ ADDRESS:_______________________________________________________ ________________________________________________________________ FIRM is: 1. Corporation ( ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association ( ) 5. Other ( )____________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each “employee, elected official, or member of Commissioners Court” of Cameron County having Substantial Interest in Business Entity Local Govt. Code §171.002 THIS FORM MUST BE RETURNED WITH YOUR RFQ Page 21 of 30 RFQ # 230302 Responder’s signature/initials: __________ DISCLOSURE OF INTERESTS (CONTINUED) a) For purpose of this chapter, a person has a substantial interest in a business entity if : (1) the person owns 10 percent or more of the voting stock or shares of the business entity or owns either 10 percent or more or $15,000 or more of the fair market value of the business entity; or (2) funds received by the person from the business entity exceeds 10 percent of the person’s gross income for the previous year. b) A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of $2,500 or more. c) A local public official is considered to have a substantial interest under this section if a person related to the official in the first degree by consanguinity or affinity, as determined under Chapter 573, Government Code, has a substantial interest under this section. Name Title Department CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the Cameron County as changes occur. Certifying Person: ________________________________Title:_____________ (Type or Print) Signature of Certifying Person: _______________________ Date: __________ THIS FORM MUST BE RETURNED WITH YOUR RFQ Page 22 of 30 RFQ # 230302 Responder’s signature/initials: __________ Attachment I HOUSE BILL 89 VERIFICATION I, ____________________________________, [Person Name] the undersigned representative of _____________________________________________________ [Company or Business Name] (hereafter referred to as Company) being an adult over the age of eighteen (18) years of age, does hereby depose and verify that the Company named above, under the provisions of Subtitle F, Title 10, Texas Government Code Chapter 2270: 1. Does not currently boycott the country of Israel; and 2. Will not boycott the country of Israel during the term of the contract with Cameron County, Texas. Signature: ___________________________ Date: ___________________ Pursuant to Section 2270.001, Texas Government Code: 1. “Boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. “Company” means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. THIS FORM MUST BE RETURNED WITH YOUR RFQ Page 23 of 30 RFQ # 230302 Responder’s signature/initials: __________ GENERAL TERMS & CONDITIONS (RFQ) MASTER PLANNING CONSULTING SERVICES FOR UNDEVELOPED COASTAL PROPERTIES OWNED BY CAMERON COUNTY RFQ # 230302 ADDENDA: If RFQ specifications, terms or conditions are revised, the Cameron County Purchasing Department will issue an addendum addressing the nature of the changes and notify interested potential respondents. Respondents must acknowledge receipt and consideration of any such changes by signing the addendum and including it in the RFQ package containing the Respondent’s submittal. ADVERTISING: Unless otherwise required by law, respondents to County RFQs shall not publish and shall keep confidential their intentions and actions respecting any response to the RFQ. AWARD: Cameron County may hold RFQ responses for a period of sixty (60) days. Cameron County reserves the right to reject any or all responses to RFQs. Cameron County reserves the right to award a contract, if any, based on the Respondent’s response when compared to the EVALUATION CRITERIA (AS STATED IN RFQ) and, in accordance with the laws of the State of Texas, reserves the right to waive any formality or irregularity, to make awards to more than one Respondent. Commissioners Court reserves the right to determine the method and procedures for the final award of all RFQs at any time they so choose, regardless of the Point System used by the Evaluation Committee. BONDS: If the contract that may be entered into between an RFQ respondent and the County will likely require a performance guarantee or bond, the Purchasing Department will attach a separate page to the RFQ explaining those requirements. CANCELLATION AND TERMINATION: In any contract resulting from the RFQ, the County shall have the right to cancel all or any part of the undelivered portion of the contract if Respondent breaches any of the terms hereof, including, but not limited to warranties, and/or Respondent becomes insolvent or files for bankruptcy. Such right of cancellation is in addition to, and not in lieu of, any other remedies which the County may have in law or equity. Cancellation of work hereunder shall be affected by the delivery to the Respondent of a "Notice of Cancellation of Undelivered Work" specifying the extent to which performance of work under the contract is or cancelled and the date upon which such cancellation becomes effective. The performance of work under any resulting contract may be terminated in whole, or in part, by the County in accordance with this provision. The County shall have the right to cancel all or any part of the contract if Respondent breaches any of the terms hereof, including, but not limited to warranties, and/or Respondent becomes insolvent or files for bankruptcy. Such right of termination is in addition to, and not in lieu of, any other remedies which the County may have in law or equity. Termination of work hereunder shall be affected by the delivery to the Respondent of a "Notice of Termination" specifying the extent to which performance of work under the contract is terminated and the date upon which such termination becomes effective. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All change orders to the contract will be made in writing by mutual consent of the Respondent and the County. CONTRACT RENEWALS: Contract Renewals must receive Commissioners Court approval. For contract renewal status and information, please contact Elisa Cisneros at 956-982-5405 e-mail: Elisa.Cisneros2@co.cameron.tx.us Cameron County Purchasing Dept. or Dylbia Jeffries 956-550-1340 djefferies@co.cameron.tx.us at the Cameron County Civil Legal Division. Any price escalations are limited to those stated by the original contract terms. All contracts with a one (1) year renewal option requires that the Respondent must notify Cameron County of any anticipated price increases in writing at least three months (90 calendar days) prior to the annual renewal award date unless otherwise specified within the specific provisions of the contract up for renewal. This allows the County sufficient time to find an alternative vendor if possible. Respondent fails to notify the County within time noted it shall be assumed that there will be no price increase for the following year’s award period if renewed. This procedure does not apply to any contract which allows for Open Market Price increases or Cost allowance increases. mailto:Elisa.Cisneros2@co.cameron.tx.us mailto:djefferies@co.cameron.tx.us Page 24 of 30 RFQ # 230302 Responder’s signature/initials: __________ DISCRIMINATION: In order to encourage fair employment practices, the Respondent agrees as follows: 1.) Respondent will not discriminate against any employee or applicant for employment because of race, sex, color, age, religion, handicap, or national origin; 2) in all solicitations or advertisements for employees, the Respondent will state that all qualified applicants will receive consideration without regard to race, color, sex, age, religion, handicap or national origin; 3) the Respondent will furnish such relevant information and reports as requested by the County for the purpose of determining compliance with these regulations; and 4) failure of the Respondent to comply with these laws will be deemed a breach of contract and it may be cancelled, terminated or suspended in whole or in part. DISQUALIFICATION OF RESPONDENT: Upon submitting a response to this RFQ, Respondent certifies that the Respondent has not violated the antitrust laws of this state codified in Texas Business and Commerce Code 15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly its RFQ considerations, plan or response to any competitor or any other person engaged in such line of business. Any and all responses may be rejected if the County believes that collusion exists among the respondents. If multiples are submitted by a respondent and, after all responses to the RFQs are opened, one or more of the responses are withdrawn, the result will be that all of the responses submitted by that respondent will be withdrawn; however, nothing herein prohibits a respondent from submitting multiples for different products or services. EVALUATION: All responses will be evaluated in accordance with law and reviewed to assure they are in the best interest of Cameron County. Evaluations shall be based on criteria bearing on performance in the user environment. Any specific criteria section or sections identified elsewhere in this RFQ may be evaluated by one or more evaluators once the basis and details of this process have been approved by the Purchasing Officer and acknowledged by the Evaluation Committee. Detailed information pertaining to this selective evaluation process is available to respondents and the Commissioners Court upon request. Evaluation sheets and summary of all responses are subject to review by the Cameron County Purchasing Department and Evaluation Committee's recommendation to Cameron County Commissioners Court. Compliance with all RFQ requirements, delivery and needs of the using department are considerations in evaluating responses. The Cameron County Purchasing Department reserves the right to contact any Respondent, at any time, to clarify, verify or request information with regard to that Respondent’s response. The Cameron County Purchasing Department further reserves the right to hold negotiation discussions with any responsible Respondent’s response determined to be reasonably susceptible of being selected for award in accordance with law. PROTEST PROCEDURES: Procedure - This protest procedure is available to Respondents responding to this RFQ and requesting a debriefing conference. Debriefing Conference – A debriefing conference must be requested in writing to the Purchasing Department within five (5) business days from the date of the RFQ award by the Cameron County Commissioners Court. Debriefing questions must be submitted (in writing - to the Purchasing Department) no later than two (2) business days before the scheduled date for the Debriefing Conference. These questions will be answered at the debriefing conference. Follow-up questions must be submitted (in writing) no later than one (1) business day after the date of the Debriefing Conference and answered no later than two (2) business days after the date of the Debriefing Conference. Follow-up answers will be sent via e-mail or fax (if e-mail not available). For RFQs, Respondents are given the opportunity to ask questions of the Evaluation Committee relative to their responses and scores received by the Respondent. Protests are made: 1. To the Purchasing Department after the debriefing conference. Respondent protests shall be received, in writing, by the Purchasing Department within five (5) business days after the debriefing conference. 2. To the Protest Committee, only after the protest to the Purchasing Department was not satisfactorily resolved. Protests to the Protest Committee shall be made within five (5) business days after the Respondent has received notification from the County Purchasing Department of the decision. Grounds for protest: 1. Errors were made in computing the score. 2. The County failed to follow procedures established in the RFQ, the Purchasing policy on acquisitions or applicable state or federal laws or regulations. Page 25 of 30 RFQ # 230302 Responder’s signature/initials: __________ 3. Bias, discrimination or conflict of interest on the part of an evaluator. Protests not based on these criteria shall not be considered. Format and Content - Protesting Respondents shall include, in their written protest to the Cameron County Purchasing Department, all facts and arguments upon which they rely. Respondents shall, at a minimum, provide: 1. Information about the protesting vendor; name of firm, mailing address, phone number and name of individual responsible for submission of the protest. 2. Information about the acquisition and the acquisition method. 3. Specific and complete statement of the County’s action(s) protested. 4. Specific reference to the grounds for the protest. 5. Description of the relief or corrective action requested. 6. For protests to the Protest Committee, a copy of the Purchasing Department’s written decision on the protest. Review Process: 1. Upon receipt of a Respondent protest, the Purchasing Department shall postpone further steps in the acquisition process until the Respondent protest has been resolved. 2. The Department’s internal protest review procedures consist of the following: a) The Purchasing Department shall perform an objective review of the protest by individuals not involved in the acquisition protested. The review shall be based on the written protest material submitted by the Respondent. b) A written decision will be delivered to the Respondent within five business days after receipt of the protest, unless more time is needed. The protesting Respondent shall be notified if additional time is necessary. Final Determination - The final determination shall: 1. Find the protest lacking in merit and uphold the agency’s action; or 2. Find only technical or harmless errors in the agency’s acquisition process conduct, determine the agency to be in substantial compliance, and reject the protest; or 3. Find merit in the protest and provide the agency options which may include a) Correct its errors and reevaluate all proposals, and/or b) Reissue the Respondent solicitation document; or c) Make other findings and determine other courses of action as appropriate. Protest Committee Review Process: Protests to the Protest Committee may be made only for Protest Committee approved acquisitions and only after review by County Purchasing Department. Protests of the decisions of County Purchasing Department shall be made by letter to the Protest Committee, who may establish procedures to resolve the protest. Protests shall be received by the Protest Committee within five business days after the decision of Purchasing Department in order to be considered. The resulting decision is final with no further administrative appeal available. FISCAL FUNDING: A multi-year lease or lease/purchase arrangement (if requested by the Special Requirements/Instructions), or any contract continuing as a result of an extension option, must include a fiscal funding “out” clause. If, for any reason, funds are not appropriated to continue the lease or contract, said lease or contract shall become null and void on the last day of the current appropriation of funds. After expiration of the lease, leased equipment shall be removed by the Respondent from the using department without penalty of any kind or form to Cameron County. All charges and physical activity related to delivery, installation, removal and redelivery shall be the responsibility of the Respondent. GRATUITIES AND PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: Any elected or appointed official who has any substantial interest, either direct or indirect, in any business entity seeking to contract with the County, shall, before any vote or decision on any matter involving the business entity, file an affidavit stating the nature and extent of interest and shall abstain from any participation in the matter. This is not required if the vote or decision will not have any special effect on the entity other than its effect on the public. However, if a majority of the governing body is also required to file, and do file similar Page 26 of 30 RFQ # 230302 Responder’s signature/initials: __________ affidavits, then the member is not required to abstain from further participation. Attached and included is a disclosure of all of this Company's business or pecuniary financial relationships with officers or employees of Cameron County or County entities (if any such relationships exist) must be attached and included with RFQ submitted. The County may, by written notice to the Respondent, cancel this contract without liability to Respondent if it is determined by County that gratuities, in the form of entertainment, gifts, or otherwise, were offered or given by the Respondent, or any agent, or representative of the Respondent, to any officer or employee of Cameron County with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending or the making or any determinations with respect to the performance of such a contract. In the event this contract is cancelled by County pursuant to this provision, County shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by Respondent in providing such gratuities. Consistent and continued tie RFQ responses could cause rejection of an RFQ response by the County and/or investigation for Anti-Trust violations. Respondent guarantees that he has not retained a person to solicit or secure any contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the Respondent for the purpose of securing business. HISTORICALLY UNDERUTILIZED BUSINESS (HUB) CERTIFICATION: If Respondent is a Certified Historically Underutilized Business (HUB), please include a copy of your HUB Certificate with your response. This information will assist Cameron County in the percentage tracking of HUB utilization. INSURANCE: The Respondent shall secure and maintain, throughout the duration of the Contract, insurance of such types and in such amounts as may be necessary to protect the Respondent and the interests of the County against all hazards or risks of loss as hereinafter specified. The form and limits of such insurance, together with the insurer, must be acceptable to the County. It shall be the responsibility of the Respondent to maintain adequate insurance coverage at all times. Failure of the Respondent to maintain adequate coverage shall not relieve the Respondent of any contractual responsibility or obligation. SCANNED RE-TYPED RESPONSE - FLOPPY DISK: If in its RFQ response, Respondent either electronically scans, re-types, or in some way reproduces the County's published RFQ package, then, in event of any conflict between the terms and provisions of the County's published RFQ specifications or any portion thereof, and the terms and provisions of the RFQ response made by Respondent, the County's RFQ specifications as published shall control. Furthermore, if an alteration of any kind to the County's published RFQ specifications is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation. SILENCE OF SPECIFICATIONS: The apparent silence of specifications as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to be used. SUPPLEMENTAL MATERIALS: Respondents are responsible for including all pertinent data in the returned RFQ package. Literature, brochures, data sheets, specification information, completed forms requested as part of the RFQ package and any other facts which may affect the evaluation and subsequent contract award should be included. Materials such as legal documents and contractual agreements, which the respondent wishes to include as a condition of the RFQ, must also be in the returned RFQ package. Failure to include all necessary and proper supplemental materials may be cause to reject the entire RFQ. USAGE REPORTS: Cameron County reserves the right to request, and receive at no additional cost up to two (2) times during the contract period, a usage report detailing services furnished to date under a contract resulting from this RFQ. The reports must be furnished no later than five (5) working days after written request and itemize all purchases to date by the Cameron County department using the services with a description of services rendered, the unit and total price. WARRANTY: Respondents may not limit or exclude any implied warranties. Respondent warrants that services provided to the County shall conform to the highest commercial and/or professional standards in the industry. APPLICABLE LAW ASSIGNMENT DELEGATION: No right or interest in this contract shall be assigned or delegation of any obligation made by Respondent without the written permission of the County. Any attempted assignment or delegation by Respondent shall be wholly void and totally ineffective for all purposes unless made in conformity with this paragraph. Any contract entered into pursuant to this request is not assignable, nor the duties thereunder, by either party, without the written consent of the other party, the Commissioners Court, and County Auditor. Page 27 of 30 RFQ # 230302 Responder’s signature/initials: __________ CONTRACT OBLIGATION: Cameron County Commissioners Court must award any resulting contract and the County Judge or other person authorized by the Cameron County Commissioners Court must sign the contract before it becomes binding on Cameron County or the Respondent. Department heads are NOT authorized to sign agreements for Cameron County. Binding agreements shall remain in effect until the contract requirements have been satisfied. ERRORS AND OMISSIONS: Errors and Omissions in the RFQ of any provision herein described will not be construed as to relieve the Respondent of any responsibility or obligation requisite to the complete and satisfactory implementation, operation, and support of all obligations under any resulting contract. FORCE MAJEURE: If, by reason of Force Majeure, either party hereto shall be rendered unable wholly, or in part, to carry out its obligations under this RFQ and any resulting contract, then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term "Force Majeure" as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely with the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. HOLD HARMLESS AGREEMENT: The successful Respondent, shall indemnify and hold Cameron County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from Respondent's performance. Respondent shall procure and maintain, with respect to the subject matter of this RFQ, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover Respondent's liability as may arise directly or indirectly from work performed under terms of this RFQ. Certification of such coverage must be provided to the County upon request. INTERPRETATION PAROLE EVIDENCE: Unless a separate contract or addendum hereof is prepared and entered into following the award of this RFQ to a successful respondent, this writing is intended by the parties as a final expression of the terms of this RFQ and the general terms of any resulting contract with the selected Respondent. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term. Acceptance or acquiescence in a course of performance rendered under this RFQ and any resulting contract shall not be relevant to determine meaning even though the accepting or acquiescing party has knowledge of the performance and opportunity for objection. LATE RESPONSES: RFQ responses must be received by the County before the hour and date specified. Responses received after the time and date specified will be disqualified and may be returned to sender. The County is not responsible for lateness or non-delivery of mail, delivered to wrong office, carrier, etc. REMEDIES: The successful Respondent and County agree that both parties have all rights, duties, defenses and remedies available under law. RIGHT TO ASSURANCE: During the RFQ process and any resulting contract, whenever a respondent or the County in good faith has reason to question the other’s intent to perform, demand may be made that the other party give written assurance of intent. In the event that a demand is made, and no assurance is given within five (5) days, such failure may be treated as an anticipatory repudiation of the RFQ and any resulting contract. SEVERABILITY: If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. Page 28 of 30 RFQ # 230302 Responder’s signature/initials: __________ VENUE: Both parties agree that venue for any litigation arising from this contract shall lie in Cameron County, Texas. These General Terms and Conditions shall be incorporated in the response to the RFQ and any resulting contract. The Respondent shall specifically state acceptance of these terms and conditions as a basis for providing the County with a response. The Respondent shall state any exceptions desired to these terms and conditions and may suggest alternate wording that addresses the intent of the term or condition. The County may accept or reject any suggestions in accordance with law. Page 29 of 30 RFQ # 230302 Responder’s signature/initials: __________ MASTER PLANNING CONSULTING SERVICES FOR UNDEVELOPED COASTAL PROPERTIES OWNED BY CAMERON COUNTY EXHIBIT A AGREEMENT FOR PROFESSIONAL SERVICES Cameron County’s standard Agreement for Professional Services is provided here for Submitter’s information. ************************************************************************************** Sample Contract No. STATE OF TEXAS § COUNTY OF CAMERON § AGREEMENT FOR PROFESSIONAL SERVICES This is an agreement by and between Cameron County, a political subdivision of the State of Texas, referred to as “County”, and (insert Consultant), referred to as “Consultant”, for the provision of professional services as set forth herein. Purpose and Scope The purpose of this agreement is to provide Disaster Debris Removal Monitoring and Consulting Services Support for Cameron County. Consultant accepts and undertakes to assist the County in connection with the matters described above, upon the terms and conditions set forth herein. Performances of Services Consultant agrees to handle the matters which are the subject of this agreement as required by the County, and to coordinate and report their activity in connection with this matter through the Cameron County Emergency Management Coordinator. Consultant agrees to make reports to the Cameron County Commissioners’ Court. Consultant will perform such professional services as stated on the Scope of Work, attached hereto as Exhibit “A” and incorporated by reference as if fully set forth herein. Representation Consultant agrees that (insert person from Consultant’s company) shall provide the primary services and handle all supervisory responsibility under this agreement. Consultant agrees to devote the necessary time and resources in providing the services listed on Exhibit “A”, but no warranty or guarantee is made hereby, and no representations have been made concerning the outcome of the matters accepted by Consultant. Fees and Expenses Cameron County agrees to pay Consultant fees after receipt of invoice(s) as laid out in Exhibit A. Statements for fees and expenses shall be forwarded to the Cameron County Emergency Management Coordinator for review and approval. It is intended that all such statements will be considered and paid, subject to appropriate adjustments within 30 days after submission. Errors and Omissions Insurance Consultant shall maintain in full force and effect throughout the term of this agreement errors and omissions insurance in an amount not less than Two Hundred and Fifty Thousand Dollars and No Cents ($250,000.00). Consultant shall furnish the County a duplicate policy of their errors and omissions insurance. Consultant shall give the County a minimum of thirty (30) days written notice in the event of cancellation or material change in the terms of their errors and omissions insurance. Page 30 of 30 RFQ # 230302 Responder’s signature/initials: __________ Term This agreement shall continue until the matter involved is finally concluded, or until either party gives thirty (30) days written notice of termination of the agreement. Miscellaneous Matters This agreement shall be governed by the laws of the State of Texas, and is performable in Cameron County, Texas. It is intended that this agreement, together with subsequent written correspondence on the matters covered hereby, shall constitute the entire agreement between the parties. EXECUTED in TWO duplicate Originals, each of which shall have the full force and effect of an original, on the day of , 20 . Cameron County (Consultant) Attested By: Sylvia Garza-Perez, County Clerk END OF RFQ # 230302