VIEWS: 4 PAGES: 26 CATEGORY: Business POSTED ON: 7/18/2011
Response to Contractors Suit Regarding Hurricane Ike Related Damages, Not Completed or Installation Incorrect document sample
HARRIS COUNTY REQUEST FOR PROPOSAL Job No. 09/0063 Cover Sheet Date Due: March 16, 2009 DUE NO LATER THAN 2:00 P.M. LOCAL TIME IN HOUSTON, TEXAS Proposals received later than the date and time above will not be considered. PROPOSAL FOR: Term Contract for All Risk Property Insurance for the Washburn Tunnel for Harris County (For one year beginning approximately May 1, 2009) OFFERORS NOTE!! Carefully read all instructions, requirements and Please return proposal in an appropriately sized envelope specifications. Fill out all forms properly and completely. or box. PACKAGE MUST SHOW THE JOB NUMBER, Submit your proposal with all appropriate supplements DESCRIPTION AND BE MARKED "SEALED and/or samples. PROPOSAL". Designated proposals may be submitted electronically through the BuySpeed Online system only. RETURN PROPOSAL TO: HARRIS COUNTY PURCHASING AGENT 1001 PRESTON AVENUE, SUITE 670 HOUSTON, TEXAS 77002 For additional information, contact William Perry at (713) 755-4961 You must sign below in INK; failure to sign WILL disqualify the offer. All prices must be typewritten or written in ink. Total Amount of Proposal $ Company Name: Company Address: City, State, Zip Code: Taxpayer Identification Number (T.I.N.): Do you carry Health Insurance on your employees? ___Yes ___No If yes, what is the percentage of employees insured? _____% Telephone No. : FAX No.: e-mail: Print Name: Signature: _________________________________________________________________________ WCP/vcj Revised 09/08 Page 1 of 26 TABLE OF CONTENTS Items checked below represent components which comprise this bid/proposal package. If the item IS NOT checked, it is NOT APPLICABLE to this bid/proposal. Offerors 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 Offeror's responsibility to be thoroughly familiar with all Requirements and Specifications. Be sure you understand the following before you return your bid packet. __X__ 1. Cover Sheet Your company name, address, the total amount of the bid/proposal, and your signature (IN INK) should appear on this page. __X__ 2. Table of Contents This page is the Table of Contents. __X__ 3. General Requirements You should be familiar with all of the General Requirements. __X__ 4. Special Requirements/Instructions This section provides information you must know in order to make an offer properly. __X__ 5. Specifications This section contains the detailed description of the product/service sought by the County. __X__ 6. Pricing/Delivery Information This form is used to solicit exact pricing of goods/services and delivery costs. __X__ 7. Attachments __X__ a. Residence Certification/Tax Form Be sure to complete this form and return with packet. _____ b. Bid Guaranty & Performance Bond Information & Requirements This form applies only to certain bids/proposals. All public work contracts over $25,000 require a Payment Bond and over $100,000 must also have a Performance Bond, in a form approved by the County. Please read carefully and fill out completely. _____ c. Bid Check Return Authorization Form This form applies only to certain bids/proposals. Please read carefully and fill out completely. _____ d. Vehicle Delivery Instructions Included only when purchasing vehicles. _____ e. Minimum Insurance Requirements (Included in specific requirements when applicable (does not supersede “Hold Harmless” section of General Requirements). _____ f. Worker’s Compensation Insurance Coverage Rule 110.110 This requirement is applicable for a building or construction contract. _____ g. Financial Statement When this information is required, you must use this form. _____ h. Reference Sheet When this information is required, you must use this sheet. __X___ i. Questionnaire __X___ j. Underwriting Information __X___ k. Request for Market Assignment __X___ l. Inspection Report (Bridge Summary Sheet) Revised 03/04 Page 2 of 26 GENERAL REQUIREMENTS FOR PROPOSALS READ THIS ENTIRE DOCUMENT CAREFULLY. FOLLOW ALL INSTRUCTIONS. YOU ARE RESPONSIBLE FOR FULFILLING ALL REQUIREMENTS AND SPECIFICATIONS. BE SURE YOU UNDERSTAND THEM. General Requirements apply to all advertised requests for proposals; however, these may be superseded, whole or in part, by the SPECIAL REQUIREMENTS/INSTRUCTIONS OTHER DATA CONTAINED HEREIN. Review the Table of Contents. Be sure your proposal package is complete. ACCESS TO RECORDS In special circumstances, vendor may be required to allow duly authorized representatives of Harris County, the Harris County Hospital District or the state and federal government access to contracts, books, documents, and records necessary to verify the nature and extent of the cost of services provided by vendor. ADDENDA When specifications are revised, the Harris County Purchasing Agent will issue an addendum addressing the nature of the change. Offerors must sign it and include it in the returned proposal package. ASSIGNMENT The successful offeror may not assign, sell, or otherwise transfer this contract without written permission of Harris County Commissioners Court. AWARD Harris County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all proposals. In the event the lowest dollar offeror meeting specifications is not awarded a contract, the offeror may appear before the Commissioners Court, Hospital District Board of Managers, the Juvenile Board or other applicable governing body and present evidence concerning his responsibility after officially notifying the Office of the Purchasing Agent of his intent to appear. BONDS If this proposal requires submission of proposal guarantee and performance bond, there will be a separate page explaining those requirements. Offers submitted without the required proposal bond or Cashier's Check are not acceptable. CERTIFICATION REGARDING DEBARMENT, SUSPENSION INELIGIBILITY, AND VOLUNTARY EXCLUSION The Contractor certifies by execution of this Contract that it is not ineligible for participation in federal or state assistance programs under Executive Order 12549, "Debarment and Suspension." The Contractor further agrees to include this certification in all contracts between itself and any subcontractors in connection with the services performed under this Contract. Contractor also certifies that contractor will notify Harris County in writing immediately if contractor is not in compliance with Executive Order 12549 during the term of this contract. Contractor agrees to refund Harris County for any payments made to the contractor while ineligible. CONTRACT OBLIGATION Harris County Commissioners Court must award the contract and the County Judge or other person authorized by the Harris County Commissioners Court must sign the contract before it becomes binding on Harris County or the offeror. Department heads are NOT authorized to sign agreements for Harris County. Binding agreements shall remain in effect until all products and/or services covered by this purchase have been satisfactorily delivered and accepted. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Harris County and the offeror. Any price escalations are limited to those stated by the offeror in the original proposal. Revised 04/07 Page 3 of 26 DIGITAL FORMAT If offeror obtained the proposal specifications in digital format in order to prepare a response, the proposal must be submitted in hard copy according to the instructions contained in this proposal package. If, in its proposal response, offeror makes any changes whatsoever to the County's published proposal specifications, the County's proposal specifications as published shall control. Furthermore, if an alteration of any kind to the County's published proposal specifications is only discovered after the contract is executed and is or is not being performed, the contract is subject to immediate cancellation. DISQUALIFICATION OF OFFEROR Upon signing this proposal document, an offeror offering to sell supplies, materials, services, or equipment to Harris County certifies that the offeror has not violated the antitrust laws of this state codified in §15.01, et seq., Business & Commerce Code, or the federal antitrust laws, and has not communicated directly or indirectly the offer made to any competitor or any other person engaged in such line of business. Any or all proposals may be rejected if the County believes that collusion exists among the offerors. Proposals in which the prices are obviously unbalanced may be rejected. If multiple proposals are submitted by an offeror and after the proposals are opened, one of the proposals is withdrawn, the result will be that all of the proposals submitted by that offeror will be withdrawn; however, nothing herein prohibits a vendor from submitting multiple offers for different products or services. E-MAIL ADDRESSES CONSENT Vendor affirmatively consents to the disclosure of its e-mail addresses that are provided to Harris County, the Harris County Flood Control District, the Harris County Hospital District including its HMO, the Harris County Appraisal District, or any agency of Harris County. This consent is intended to comply with the requirements of the Texas Public Information Act, Tex. Gov’t Code Ann. §522.137, as amended, and shall survive termination of this agreement. This consent shall apply to e-mail addresses provided by Vendor, its employees, officers, and agents acting on Vendor’s behalf and shall apply to any e-mail address provided in any form for any reason whether related to this bid/proposal or otherwise. EVALUATION Evaluation shall be used as a determinant as to which proposed items or services are the most efficient and/or most economical for the County. It shall be based on all factors which have a bearing on price and performance of the items in the user environment. All proposals are subject to negotiations by the Purchasing Agent and other appropriate departments, with recommendation to the appropriate governing body. Compliance with all requirements, delivery and needs of the using department are considerations in evaluating proposals. Pricing is NOT the only criteria for making a recommendation. A preliminary evaluation by Harris County will be held and appropriate proposals will be subjected to the negotiating process. Upon completion of the negotiations, Harris County will make an award. All proposals that have been submitted shall be available and open for public inspection after the contract is awarded except for trade secrets or confidential information contained in the proposals and identified as such. FISCAL FUNDING A multi-year lease or lease/purchase arrangement (if requested by the specifications), or any contract continuing as a result of an extension option, must include fiscal funding out. 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 contractor from the using department without penalty of any kind or form to Harris County. All charges and physical activity related to delivery, installation, removal and redelivery shall be the responsibility of the offeror. 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, Harris County's interpretation shall govern. Revised 09/05 Page 4 of 26 GOVERNING LAW This request for proposals is governed by the competitive bidding requirements of the County Purchasing Act, Texas Local Government Code, §262.021 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 Harris 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. GRANT FUNDING Any contract entered into by the County that is to be paid from grant funds shall be limited to payment from the grant funding and the vendor/provider understands that the County has not set aside any County funds for the payment of obligations under a grant contract. If grant funding should become unavailable at any time for the continuation of services paid for by the grant, and further funding cannot be obtained for the contract, then the sole recourse of the provider shall be to terminate any further services under the contract and the contract shall be null and void. HIPAA COMPLIANCE Offeror agrees to comply with the Standards for Privacy of Individually Identifiable Health Information of the Health Insurance Portability and Accountability Act of 1996, PL 104-191, 45 CFR Parts 160-164, as amended, and the Texas Medical Records Privacy Act, Texas Health and Safety Code Chapter 181, as amended, collectively referred to as "HIPAA", to the extent that the Offeror uses, discloses or has access to protected health information as defined by HIPAA. Offeror may be required to enter a Business Associate Agreement pursuant to HIPAA. HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Harris County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this proposal, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this proposal. Certification of such coverage must be provided to the County upon request. INSPECTIONS & TESTING Harris County reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If an offeror cannot furnish a sample of a bid item, where applicable, for review, or fails to satisfactorily show an ability to perform, the County can reject the bid as inadequate. INVOICES AND PAYMENTS Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. 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 goods 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 Harris 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 Service. MAINTENANCE Maintenance required for equipment proposed should be available in Harris County by a manufacturer-authorized maintenance facility. Costs for this service shall be shown on the Pricing/Delivery Information. If Harris County opts to include maintenance, it shall be so stated in the purchase order and said cost will be included. Service will commence only upon expiration of applicable warranties and should be priced accordingly. Revised 09/05 Page 5 of 26 MATERIAL SAFETY DATA SHEETS Under the "Hazardous Communication Act", commonly known as the "Texas Right To Know Act", an offeror must provide to the County with each delivery, material safety data sheets which are applicable to hazardous substances defined in the Act. Failure of the offeror to furnish this documentation will be cause to reject any bid applying thereto. NEW MILLENIUM COMPLIANCE All products and/or services furnished as part of this contract must be compliant for the present year and forward. This applies to all computers including hardware and software as well as all other commodities with date sensitive embedded chips. POTENTIAL CONFLICTS OF INTEREST An outside consultant or contractor is prohibited from submitting a proposal for services on a Harris County project of which the consultant or contractor was a designer or other previous contributor, or was an affiliate, subsidiary, joint venturer or was in any other manner associated by ownership to any party that was a designer or other previous contributor. If such a consultant or contractor submits a prohibited proposal, that proposal shall be disqualified on the basis of conflict of interest, no matter when the conflict is discovered by Harris County. Potential proposers are advised that they may have disclosure requirements pursuant to Texas Local Government Code, Chapter 176. This law requires persons desiring to do business with the County to disclose any gifts valued in excess of $250 given to any County Official or the County Official’s family member, or employment of any County Official or the County Official’s family member during the preceding twelve (12) month period. The disclosure questionnaire must be filed with the Harris County Clerk. Refer to Texas Local Government Code, Chapter 176 for the details of this law. PRICING Prices for all goods and/or services shall be negotiated to a firm amount for the duration of this contract or as agreed to in terms of time frame. All prices must be written in ink or typewritten. Where unit pricing and extended pricing differ, unit pricing prevails. PROPOSAL COMPLETION Fill out and return to Purchasing, ONE (1) complete proposal form in an appropriately sized envelope or box. PACKAGE MUST SHOW THE JOB NUMBER, DESCRIPTION AND BE MARKED “SEALED PROPOSAL.” An authorized company representative should sign the Proposal Cover Sheet. Completion of these forms is intended to verify that the offeror has submitted the proposal, is familiar with its contents and has submitted the material in accordance with all requirements. PROPOSAL RETURNS Offerors must return all completed proposals to the office of the Harris County Purchasing Agent reception desk at 1001 Preston Avenue, Suite 670, Houston, Texas before 2:00 P.M. LOCAL TIME IN HOUSTON, TEXAS on the date specified. Late proposals will not be accepted. PURCHASE ORDER AND DELIVERY The successful offeror shall not deliver products or provide services without a Harris County Purchase Order, signed by an authorized agent of the Harris County Purchasing Agent. The fastest, most reasonable delivery time shall be indicated by the offeror in the proper place on the proposal document. Any special information concerning delivery should also be included, on a separate sheet, if necessary. All items shall be shipped F.O.B. INSIDE DELIVERY unless otherwise stated in the specifications. This shall be understood to include bringing merchandise to the appropriate room or place designated by the using department. Every tender or delivery of goods must fully comply with all provisions of these requirements and the specifications including time, delivery and quality. Nonconformance shall constitute a breach which must be rectified prior to expiration of the time for performance. Failure to rectify within the performance period will be considered cause to reject future deliveries and cancellation of the contract by Harris County without prejudice to other remedies provided by law. Where delivery times are critical, Harris County reserves the right to award accordingly. Revised 09/05 Page 6 of 26 RECYCLED MATERIALS Harris County encourages the use of products made of recycled materials and shall give preference in purchasing to products made of recycled materials if the products meet applicable specifications as to quantity and quality. Harris County will be the sole judge in determining product preference application. 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. 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 practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item proposed. SUPPLEMENTAL MATERIALS Offerors are responsible for including all pertinent product data in the returned proposal package. Literature, brochures, data sheets, specification information, completed forms requested as part of the proposal 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 offeror wishes to include as a condition of the proposal, must also be in the returned proposal package. Failure to include all necessary and proper supplemental materials may be cause to reject the entire proposal. TAXES Harris County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Harris County claims exemption from all sales and/or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to the Harris County Purchasing Agent. TERM CONTRACTS If the contract is intended to cover a specific time period, the term will be given in the specifications under SCOPE. TERMINATION Harris County reserves the right to terminate the contract for default if Seller breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Harris County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and/or services within the proper amount of time, and/or to properly perform any and all services required to Harris County's satisfaction and/or to meet all other obligations and requirements. Harris County may terminate the contract without cause upon thirty (30) days written notice. TERMINATION FOR HEALTH AND SAFETY VIOLATIONS Harris County has the option to terminate this contract immediately without prior notice if offeror fails to perform any of its obligations in this contract if the failure (a) created a potential threat to health or safety or (b) violated a law, ordinance, or regulation designed to protect health or safety. Revised 09/05 Page 7 of 26 TESTING Harris County reserves the right to test equipment, supplies, material and goods proposed for quality, compliance with specifications and ability to meet the needs of the user. Demonstration units must be available for review. Should the goods or services fail to meet requirements and/or be unavailable for evaluation, the offer is subject to rejection. TITLE TRANSFER Title and Risk of Loss of goods shall not pass to Harris County until Harris County actually receives and takes possession of the goods at the point or points of delivery. Receiving times may vary with the using department. Generally, deliveries may be made between 8:30 a.m. and 4:00 p.m., Monday through Friday. Offerors are advised to consult the using department for instructions. The place of delivery shall be shown under the "Special Requirements/Instructions" section of this proposal and/or on the Purchase Order as a "Deliver To:" address. WAIVER OF SUBROGATION Offeror and offeror's insurance carrier waive any and all rights whatsoever with regard to subrogation against Harris County as an indirect party to any suit arising out of personal or property damages resulting from offeror's performance under this agreement. WARRANTIES Offerors shall furnish all data pertinent to warranties or guarantees which may apply to items in the proposal. Offerors may not limit or exclude any implied warranties. Offeror warrants that product sold to the County shall conform to the standards established by the U.S. Department of Labor under the Occupational Safety and Health Act of 1970. In the event product does not conform to OSHA Standards, where applicable, Harris County may return the product for correction or replacement at the offeror's expense. If offeror fails to make the appropriate correction within a reasonable time, Harris County may correct at the offeror's expense. VENDORS OWING TAXES Pursuant to TX Local Government Code 262.0276, Harris County Commissioners Court has adopted a policy which requires that vendors’ taxes be current as of the date bids/proposals are due. Bidders with delinquent county taxes on the due date will not be eligible for award. Whether or not a vendor’s taxes are delinquent will be determined by an independent review of the Tax Office records. Vendors who believe a delinquency is reflected in error must contact the Tax Office to correct any errors or discrepancies prior to submitting their bid in order to ensure that their bid will be considered. Tax records are available online at the Tax Office website—www.hctax.net. Prior to submitting a bid, vendors are encouraged to visit the Tax Office website, set up a portfolio of their accounts and make their own initial determination of the status of their tax accounts. Furthermore, if, during the performance of this contract, a vendor’s taxes become delinquent, Harris County reserves the right to provide notice to the Auditor or Treasurer pursuant to Texas Local Government Code §154.045. This policy is effective for all bids due on or after May 1, 2004. Revised 05/07 Page 8 of 26 SPECIAL REQUIREMENTS/INSTRUCTIONS The following requirements and instructions supersede General Requirements where applicable. Should this contract apply to other governmental entities, references to “Harris County” and the “Harris County Commissioners Court” may apply to one or more of the following: --“Harris County Flood Control District” governed by “Harris County Commissioners Court” --“Harris County Hospital District” governed by its “Board of Managers” --“Harris County Community Supervision and Corrections Department --“Community Health Choice, Inc.” wholly owned subsidiary of the Harris County Hospital District A. INSTRUCTIONS 1. Nature of Request For Proposal (RFP) This is an Alternative Competitive Proposal and as such is governed by the procedures as contained in the Texas Local Government Code §262.030. Therefore, award of contract(s) shall be made to the responsible offeror(s) whose proposal are determined to be the lowest evaluated offer(s) resulting from negotiation, taking into consideration the relative importance of the evaluation factors as set forth below. Discussions may be conducted with responsible offerors who submit proposals reasonably susceptible of being selected for award. Offerors will be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted after submission and before award for the purpose of obtaining best and final offers. Harris County does not accept any financial responsibility incurred by any proposer in responding to this RFP. In addition, Harris County reserves the right to accept or reject any or all proposals, or waive any and all formalities not considered advantageous to Harris County. Under the RFP process, sealed offers will be received and opened in the Office of the Purchasing Agent. At and after opening, proposals will NOT be part of the public record and subject to disclosure, but will be kept confidential until time of award. When such award is completed, proposals will be available for public inspection including those portions marked confidential and/or proprietary. 2. Request for Market Assignment All agents/brokers who wish to participate in this proposal must submit a Request for Market Assignment and may be assigned two markets. Direct writers may submit on a direct basis. See Attachment k. to this RFP for details. 3. Evaluation/Selection The following considerations will be utilized accordingly in evaluating the proposals: a. Scope of coverage proposed (questions 12,13 + Section V + Pricing/Delivery……………….. 35% b. Level of service provided (questions 8-11 of questionnaire)…………………………… 10% c. Stability of proposer (questions 1-5 of questionnaire + references)…………………………. 20% d. Premium proposed (questions 6, 7 of questionnaire + Pricing/Delivery) …………………….. 35% Attachment i, Questionnaire, requests certain information about the offeror and will be used in the evaluation process. Answers should be as thorough and definitive as possible and include all pertinent data. Offeror may include in Section VI of the submitted proposal any literature, brochures, and other information as considered appropriate. Please see Part B. of this RFP section, Proposal Requirements, for further explanation. Page 9 of 26 In addition to any rights or remedies detailed in the General Requirements of this RFP, authorized representatives of Harris County may contact any proposer, company, or individual at any time during the proposal process in order to clarify, verify, or request information, or to negotiate regarding the contents of any proposal. Harris County also reserves the right to visit any offeror’s site at any time during the proposal process for the purposes of evaluating components of the proposal. 3. Changes to Contract Due to the nature and scope of the work required, it may be necessary to increase, decrease, or otherwise modify the scope of the effort or terms of the agreement. Therefore, Harris County may, from time to time, request revisions in order to adjust to its needs. Modifications require approval by Harris County Commissioners Court. 4. Termination of Agreement In addition to any rights and remedies detailed in the General Requirements of this RFP, Harris County reserves the right to terminate any agreement based upon failure to comply with usual and customary practices of the industry, breach of any laws, rules or regulations, or failure to significantly comply or meet the performance expectations as established in a subsequent contract, if any, between Harris County and an offeror. B. PROPOSAL REQUIREMENTS Carefully review the components of this RFP as listed in the Table of Contents. Include with your proposal all required forms, completed and signed as necessary. Submit your proposal in the envelope provided, or one of comparable size, clearly indicating the Job Number, Job Description, and the wording, "SEALED PROPOSAL", on the outside of the envelope. Each proposal should be submitted in duplicate and include the signed Proposal Sheet and the items and information required in Sections I. through VII. as detailed below. Clearly identify and address each requirement as specifically as possible, in ink or typewritten. Use additional pages, if necessary, maintaining proper identification of items. Proposals shall be firm and effective for ninety (90) days after date of submission. Withdrawal of offer after receipt by Harris County may be considered a breach of contract. Section I., Proposal Sheet & Executive Summary The offeror should complete and include as the first page of Section I. of the submitted proposal the first page of this RFP, the Proposal Sheet. The authorizing signature indicates the proposer's desire to provide the products/services as submitted in the applicable proposal. In addition, the proposer should include in Section I. with the Proposal Sheet an Executive Summary of the proposal, asserting that, and briefly describing how, all requirements of this RFP will be met. Summarize, fully and concisely, the contents of the proposal, identifying any services proposed beyond those specifically requested. Not to exceed three (3) pages, the Executive Summary should, at a minimum, briefly explain the proposer’s diversity and ability to meet the future needs as identified in this RFP. Section II., Questionnaire Each offeror should complete Attachment i., Questionnaire, to this RFP and include it in Section II. of the submitted proposal. The information will be used in the evaluation process, therefore, responses should be as thorough and definitive as possible. Section III., References Page 10 of 26 Each proposer will complete the Attachment h., Reference Sheet, to this RFP and include it in Section III. of the submitted proposal. References from large government entities are recommended. Section IV., Residence Certification Each proposer will complete the Attachment a., Residence Certification, to this RFP and include it in Section IV. of the submitted proposal. Section V., Scope of Service and Pricing/Delivery Information Each proposer should include in Section V. of their offer a detailed explanation of their intention and ability to satisfy any future needs as described in this RFP. Fully explain your organization’s experience and diversity of resources which qualify it for consideration. In addition, complete and include in Section V. the Pricing/Delivery Sheet(s) as indicated in this RFP. Section VI., Special Requirements The proposer should include in Section VI. of the submitted proposal any appropriate company brochures, product guides, etc. Section VII., Contact Information Each proposer should include in Section VII. of the submitted proposal the identity(ies) and telephone number(s) of a representative(s) that can be reached for the purpose of clarifying, verifying, and/or negotiating the contents of the submitted proposal. Page 11 of 26 SPECIFICATIONS Term Contract for All Risk Property Insurance for the Washburn Tunnel SCOPE The intention of this Request for Proposal (RFP) is to solicit proposals for a term contract for Property Insurance for the Washburn Tunnel, for one year beginning approximately May 1, 2009 For information regarding the proposal process, contact William Perry of the Office of the Purchasing Agent at (713) 755-4961, or, for technical information concerning the products and/or services described in this proposal, contact Kelly Nichols of Human Resources & Risk Management at (713) 755-6606. DESCRIPTION SUMMARY OF PRESENT COVERAGE Please see Attachment j., Underwriting Information, and Attachment l., Inspection Report for additional data, which may be necessary for the preparation of proposal. The coverage is currently underwritten by Lloyds of London with the following limits and deductibles: Physical Damage: $50,000,000 Deductible: $100,000 Valuation: Agreed amount - replacement cost, with a provision that eliminates the requirement to actually replace the lost or damaged property in the event of a total loss. Replacement cost was estimated to be $117,000,000 in 2006. Proposers will fill out Attachment k, Request for Market Assignment, and return to Harris County Purchasing no later than 2:15 p.m. on 2/17/09. Page 12 of 26 PRICING/DELIVERY INFORMATION I. Pricing: Offeror must complete open boxes to right of double vertical lines. Option 1 Total Insured Value Limit of Deductible Annual (Replacement Cost) Liability Premium $117,000,000 $50,000,000 $100,000 Option 2 Total Insured Value Limit of Deductible Annual (Replacement Cost) Liability Premium $117,000,000 $50,000,000 $250,000 Option 3, Optional Limit and Deductible Total Insured Value Limit of Deductible Annual (Replacement Cost) Liability Premium $117,000,000 II. Renewal: Harris County may request to renew the original contract as amended from time to time, at the same terms, conditions and pricing. Each renewal will be in one-year increments, not to exceed four years. Once the renewal option has been exhausted, the contract must be re-advertised. Page 13 of 26 Attachment a. Residence Certification/Tax Form Job No. 09/0063 RESIDENCE CERTIFICATION/TAX FORM Pursuant to Texas Government Code §2252.001 et seq., as amended, Harris 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 bidder" refers to a person who is not a resident. (4) "Resident bidder" 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 Bidder of Texas as defined in [Company Name] Government Code §2252.001. I certify that is a Nonresident Bidder as defined in [Company Name] Government Code §2252.001 and our principal place of business is . [City and State] Taxpayer Identification Number (T. I. N.): Company Name submitting Bid/Proposal: Mailing Address: If you are an individual, list the names and addresses of any partnership of which you are a general partner: PROPERTY: List all taxable property owned by you or above partnerships in Harris County. Harris County Tax Acct. No.* Property address or location** * This is the property account identification number assigned by the Harris County Appraisal District. ** For real property, specify the property address or legal description. For business personal property, specify the address where the property is located. For example, office equipment will normally be at your office, but inventory may be stored at a warehouse or other location. Revised 11/06 Page 14 of 26 Attachment h. REFERENCE SHEET In the table below, please provide applicable property insurance references for the proposed carrier and include in Section III of the offer. ACCOUNT NAME CONTACT PERSON PHONE NO. ANNUAL PREMIUMS Page 15 of 26 Attachment i. Page 1 of 1 QUESTIONNAIRE This questionnaire is to be completed and included in Section II of the proposal. Please list your answers in the same order as the questions given below. You may attach additional sheets as necessary. Background 1.) Name of proposed insurance company. 2.) A.M. Best rating of proposed insurance company. 3.) Standard & Poor Rating of proposed insurance company. 4.) Provide brief history / background of proposed insurance company. 5.) Is the proposed insurance company an admitted insurance company in the State of Texas? Rates/Premium 6.) How are premiums to be paid? (i.e.-annually, quarterly, monthly) 7.) Should either party desire to cancel the contract, will the premium be adjusted? If so, on what basis? Service 8.) To whom would the County be required to report losses (include name, address, and phone)? 9.) Would the County be required to report losses not exceeding the retention level? 10.) Would the proposed insurance company be willing to assist us if necessary in determining losses by conducting inspections at site of loss? 11.) Are engineering/safety services included in the proposal? If so, explain. Coverage 12.) Please include a sample copy of the proposed policy. 13.) Does the proposed policy and pricing provide Terrorism coverage? If so, state limit. Page 16 of 26 Attachment j. Page 1 of 5 UNDERWRITING INFORMATION The Office of Human Resources & Risk Management believes the data contained in these specifications is sufficient for preparation of proposals. The information is believed to be accurate and is based on the latest available information, but it is not to be considered in any way as a warranty. If there has been an unintentional omission of information, the policy should not prejudice coverage. Tunnel History Named for Harry L. Washburn, County Auditor in 1950, for his long ardent efforts to have it constructed, this county owned and operated tunnel is one of only four trench type, subaqueous tunnels in the nation. It is the South’s largest and first toll-free vehicular tunnel and provides access under the Houston Ship Channel between the cities of Pasadena and Galena Park. Completed in May, 1950 at a cost of $7.6 million, the tunnel provided relief to bypass Houston’s congested center. Designers of the tunnel and its $2 million access road system were Palmer and Baker, consulting engineers of Mobile, Alabama, who estimated initial traffic flow to be 10,000 vehicles daily. Merritt- Chapman and Scott Corp. of New York were general contractors. Construction involved six major phases of operation. First, a trench 90-feet by 40-feet was dug across the channel bottom. Prefabricated steel tube sections, manufactured in Mississippi and towed by tugboats to Houston, were then positioned and locked into place 85 feet under water. A protective concrete outer ring was poured over the tubing and the hole covered with earth. Finishing touches, such as tiling, were completed inside the structure. The Washburn Tunnel is currently under the direction of Harris County Commissioner Sylvia Garcia and the Harris County Commissioners Court. It is located at 3100 Federal Road, Houston, TX 77015; Latitude N 29 degrees, 43.0’; Longitude W 95 degrees, 12.6’. Page 17 of 26 Attachment j. Page 2 of 5 Improvements 1987 Anderson Electric modernized switchgear and made other improvements to ventilation and sewage pump systems which service the tunnel. Western Waterproofing began chemical grouting and retaining wall joint repair. Also that year, a new roadway, as well as additional repairs to gutters and tunnel walkway, including a floodgate on the “low” end as an additional protection from deterioration, were installed and completed. 1989 New cameras, monitors and fiber optic cables were added. 1991 New high pressure sodium lighting was installed. 1999 Waster water discharge system was replaced; two new Fairbanks Mores pumps were installed to replace #4 and #5 pumps at mid-channel; new stainless steel holding tank was installed to collect rain water that previously ran into the air duct from the south side of the Tunnel. Two chopper pumps were installed to remove the water from the holding tank to the water discharge system. 2000 Exterior renovations to the Tunnel Ventilation Building including, but not limited to, removal of exterior concrete skin and replacement with zinc metal siding, as well as replacement of air intake louvers. Roof of Tunnel was also repaired. 2003 The old M.G. (Motor Generator Sets) system was replaced with a state of the art UPS (Uninterruptible Power System). The system has a primary system and a secondary backup; the system is the emergency lighting system for the Tunnel and keeps every 12th light burning when power is lost. This allows enough time to clear the Tunnel of vehicles and get the emergency generator back online. 2004 Replaced secondary pumps/mid-channel at a cost of approximately $100,000. 2005 Drain gates were replaced at a cost of $75,000. 2006 New aerobic septic system (North side-$11K) and new composting system (South guard shack-$2K) 2008 All vehicles over two axles no longer allowed access to the Tunnel. Page 18 of 26 Attachment j. Page 3 of 5 Safety Ventilation is supplied by three (3) high speed, automatic Westinghouse Sturtevant blower fans housed in the ventilation building on top of the tunnel. This system can provide a complete air exchange in two minutes if necessary. Each fan has three speeds and provides nine stages of ventilation. Only five stages are needed in order to keep tunnel air free of heavy concentrations of carbon monoxide fumes discharged by motor vehicles. In the event of electrical failure, the emergency lighting system automatically keeps every 12th light burning. Once the emergency generator is put on line, all lights in the tunnel and the Control Building will come back on. The emergency generator also allows for the operation of one exhaust fan on the low setting until power can be restored. Light intensity of the portal is three times brighter than the interior in order to prevent temporary blindness while the motorists’ eyes readjust to the darker interior. Pumps under the road surface at each end and the middle drain water back into the ship channel. Security There are 13 electronic monitors which enable guards and personnel to view traffic flow in the tunnel. The tunnel is monitored 24-hours a day by remote control cameras and assigned guards at each end of the tunnel to regulate traffic. An accident or stall can be quickly detected and moved to prevent further accidents or traffic delays. If an automobile runs out of gasoline, Commissioners Court has authorized the distribution of a maximum of one gallon to help the stranded motorist. The tunnel is temporarily closed on Thursdays from Midnight to 4:00 a.m. for routine cleaning and maintenance. Rules and Regulations 1. No vehicle over 2 axles is allowed in the tunnel 2. No vehicle higher than 12’ or wider than 8’ or > 80K pounds in weight is allowed in the tunnel. 3. No tank vehicles are allowed in the tunnel (since June 1, 1997). 4. Neither explosives nor flammable materials are permitted in the tunnel. 5. No more than three welding tanks for welding trucks may enter the tunnel at the same time. 6. Guards check vehicles hauling furniture, oil drums, motorcycles, trash, loose material, etc. to be certain items are secure and covered. 7. All trailer hook-ups are checked whether trailer is empty or full. 8. Trailer trucks hauling drums of corrosive material are not allowed in the tunnel. 9. Vehicles losing any kind of material or liquid from the truck bed may not enter. 10. Vehicles emitting excessive smoke may not enter. 11. There is a 35 mph posted speed limit Page 19 of 26 Attachment j. Page 4 of 5 Daily Usage Average daily traffic 27,117 vehicles Average daily traffic during a.m. peak time (7-8 a.m.) 2,023 vehicles Average daily traffic during p.m. peak time (5-6 p.m.) 2,649 vehicles Types of vehicles represented were as follows: Automobiles 41.4% Pickup trucks 35.1% SUV/Van 19.4% Truck w/trailer 1.6% Motorcycle .4% Buses .1% Other 2% Specifications Total Length 3,791 feet Distance Between Portals 2,936 feet Length of Tube Section 1,500 feet Length of North Concrete Arch Section 718 feet Length of South Concrete Arch Section 718 feet Length of North Open Ramp 325 feet Length of South Open Ramp 530 feet Roadway Width (one lane each way) 22 feet Headroom in Each Land 13’ 6” Headroom in Center of Roadway 18’ 0” Internal Diameter of Tubes 32’ External Diameter of Tubes 38’ Maximum Grade 6% Maximum Depth, Mean Low Water To Top of Tunnel 45 feet Maximum Depth, Mean Low Water To Bottom of Tunnel 80 feet Maximum Depth, Mean Low Water To Roadway 68.37 feet Maximum Length of Single Tube Section 375 feet Length/span of Tunnel under water 100 feet Dredging 425,273 cu. yd. Excavation 289,600 cu yd. Tremie Concrete 11,750 cu. yd. Concrete 34,250 cu yd. Structural Steel in Tubes 2,373 tons Reinforcing Steel 3,218,000 lbs. Ceramic Tunnel Tile 1,061,000 tiles Number of Fans 3 Maximum Ventilation Per Minute (2 Fans) 760,000 cfm Time Required for Complete Air Change 2 minutes Roadway Span and Superstructure C10 x 25.4 steel floor beams spaced at approx 22” on centers & embedded in solid concrete slab. Water Pumping/extraction Capacity 3,800 gpm Two 400 gpm (gal per min) pumps mid-channel; two 300 gpm pumps @ holding tank (Nth end); three 400 gpm pumps @ Richey pump house (Sth end); three 400 gpm pumps @ Red Bluff pump house (Sth end); water drains back into Ship Channel via ditches. Page 20 of 26 Attachment j. Page 5 of 5 Valuation Last valuation was done in 2006. Value was estimated to be approximately $117M at that time. Inspection Record The Tunnel was last inspected in February, 2008. There were no recommendations at that time. Inspections usually occur every two to three years as recommended by the State. Loss Data Our records, which date back to 1985, indicate that there has been one claim filed under this policy. That resulted from flooding in the Tunnel during Hurricane IKE in 2008. Total damages are estimated to be $168,000. Page 21 of 26 Attachment k. REQUEST FOR MARKET ASSIGNMENT All agents/brokers who wish to participate in this proposal must submit this Request for Market Assignment and will be assigned up to two primary markets (see “Specifications” for more information on markets). The Lloyds of London market will not be assigned, but will be open to all bidders. Direct writers may submit on a direct basis. This form must be filled out completely and returned to the Harris County Purchasing Department; 1001 Preston, Suite 670; Houston, Texas 77002; Attn: William Perry, no later than 2:15 p.m. on 2/16/09. Also, the completed and returned form must identify the Job Number. Harris County will not be responsible for material lost or misplaced due to improper identification. Returns must be accompanied by resumes of the Account Executive and Primary Assistant. Harris County will assign markets and notify agents/brokers on or about 2/17/09. Contact Kelly Nichols of Human Resources & Risk Management if you have any questions at 713-755-6606. Job No. ____________________________________________ A. GENERAL INFORMATION: Agency/Brokerage Name: ________________________________________________________________________________ Address: _______________________________________________________________________ Telephone: _____________________________________________________________________ Principal/Account Executive: ______________________________________________________ Primary Assistant: _______________________________________________________________ B. MARKETS: List markets you wish to approach in order of priority and the current annual premium volume you have in force with that company(s). If the company is part of a “Group”, also list associated premium volumes for the Group. Company/Group Name Texas Premium Volume National Premium Volume 1. ______________________ _________/_________ __________/__________ 2. ______________________ _________/_________ __________/__________ 3. ______________________ _________/_________ __________/__________ 4. ______________________ _________/_________ __________/__________ C. ERRORS AND OMISSIONS LIABILITY: $ ____________.___ (Amount) D. NONPARTICIPATION: If the agency or company does not wish to participate, please state reasons below. ________________________________________________________________________________ ________________________________________________________________________________ Page 22 of 26 Attachment l. Inspection Report Bridge Summary Report Page 23 of 26 Attachment l. Inspection Report Bridge Summary Report Page 24 of 26 Attachment l. Inspection Report Bridge Summary Report Page 25 of 26 Attachment l. Inspection Report Bridge Summary Report Page 26 of 26
"Response to Contractors Suit Regarding Hurricane Ike Related Damages, Not Completed or Installation Incorrect"