Response to Contractors Suit Regarding Hurricane Ike Related Damages, Not Completed or Installation Incorrect by jmm18176

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Response to Contractors Suit Regarding Hurricane Ike Related Damages, Not Completed or Installation Incorrect document sample

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									      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

								
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