1 - RFP-TA-05112022-SWTP Final.pdf

CITY OF VICTORIA, TEXAS

REQUEST FOR COMPETITIVE SEALED

PROPOSALS

for

SWTP CHLORINE 2-TON MONORAIL SYSTEM

# RFP-TA-05112022-SWTP

Date Issued:

April 25, 2022

RESPONSES MUST BE RECEIVED NO LATER THAN:

10:00 AM CST May 11, 2022

Optional Pre-Proposal Conference: May 3, 2022@ 10:00 AM CST.

Location: Conference Room at 702 N. Main St., Suite 201 Victoria, TX

City of Victoria Purchasing Department: Phone: 361-485-3170 Email: purchasing@victoriatx.gov

TABLE OF CONTENTS

PROPOSAL AND CONTRACT REQUIREMENTS:

Notice to Respondents

Part I: General Requirements for Responses

Part II: Response Form A – Proposal Signature Page

Part III: Response Form B – Proposal Form

Part IV: Attachments

Attachment A – Specifications Attachment B – Standard Terms & Conditions

Exhibit A – Owner’s Insurance Requirements Attachment C – Israel Verification Form Attachment D – Non-Collusive Affidavit Attachment E – Response Questionnaire & Checklist

NOTICE TO RESPONDENTS

REQUEST FOR COMPETITIVE SEALED PROPOSALS

# RFP-TA-05112022-SWTP

The City of Victoria, (“the City”), intends to purchase and invites you to submit a sealed response for:

SWTP CHLORINE 2-TON MONORAIL SYSTEM

Sealed Responses addressed to the Procurement Manager will be received until May 11, 2022 at 10:00 AM. All Responses must be in the City’s possession on or before the scheduled date and time (no late responses will be considered). Documents are available at https://www.bidnetdirect.com/texas/city-of-victoria.

In accordance with Chapter 252 of the Texas Local Government Code, the contract will be awarded to the Respondent who provides the best value to the City. The City shall evaluate the responses on the basis of all factors described herein.

The City reserves the right to refuse and reject any or all responses.

Responses will be received by electronic submission at Bid Net Direct – Texas Purchasing Group https://www.bidnetdirect.com/texas/city-of-victoria.

Thomas Anklam CTCM, CTCD Purchasing Supervisor City of Victoria

PART I

GENERAL REQUIREMENTS FOR RESPONSES

1. DEVIATION FROM SPECIFICATION/ REQUIREMENTS

Please read the requirements thoroughly and be sure that your response complies with all requirements/specifications noted. Any variation from the solicitation requirements/specifications must be clearly indicated by letter, on a point-by-point basis, attached to and made a part of your response. If no exceptions are noted, and you are the successful Respondent, the City of Victoria, (“the City”), will require that the good service(s) be provided as specified.

2. GENERAL DESCRIPTION

Pursuant to Chapter 252 of the Texas Local Government Code, the City invites the submittal of responses to this Request for Competitive Sealed Proposals (RFP) from qualified firms interested in providing SWTP Chlorine 2-Ton Monorail System.

3. PURPOSE

The purpose of these specifications/requirements and response documents are to award a contract for the purchase of SWTP Chlorine 2-Ton Monorail System.

4. STAFF CONTACT

Name: Roland Rodriguez Title: Operations and Maintenance Manager Email: rrodriguez@victoriatx.gov

5. INTENT

through

The good service(s) to be provided under the RFP shall be in accordance with and shall meet all specifications and/or requirements as shown in this solicitation.

6. OPTIONAL PRE-PROPOSAL CONFERENCE

An Optional Pre-proposal Conference for all interested parties will be held at, 702 N Main, Suite 201, at 10:00 AM CST on May 3, 2022. All parties interested in submitting a Proposal for this work are encouraged to attend.

7. SUBMITTAL OF RESPONSES

Responses shall be submitted electronically https://www.bidnetdirect.com/texas/city-of-victoria, upload the Adobe PDF files of:

Response Form A – Proposal Signature Page, Response Form B – Proposal Form, Attachment C -Israel Verification Form, Attachment D – Non-Collusive Affidavit, All other required forms in the Proposal Content section of this RFP

RFP-TA-05112022-SWTP 1

Responses WILL be accepted electronically through Bid Net Direct. Responses WILL NOT be accepted via oral communication, telephone, electronic mail, telegraphic transmission, or facsimile transmission. Responses may be withdrawn prior to the above scheduled time set for closing. Alterations made before response closing must be initiated by respondents guaranteeing authenticity. Submittal of a response constitutes an offer by the Respondent. Once submitted, the response becomes the property of the City and as such the City reserves the right to use any ideas contained in any response regardless of whether that respondent/firm is selected.

Submission of a response in response to this solicitation, by any Respondent, shall indicate that the respondent(s) has accepted the conditions contained in the RFP, unless clearly and specifically noted in the response submitted and confirmed in the Contract between the City and the successful Respondent. Responses that do not comply with these requirements may be rejected at the option of the City. Responses must be filed with the City before the deadline day and hour. No late response will be accepted. They will be returned to Respondent unopened (if properly identified). Failure to meet response requirements may be grounds for disqualifying a Respondent.

All Respondents acknowledge and guarantee that their Proposal will remain open and the pricing therein is affirmed for 120 days after submission of the Proposal.

8. PROPOSAL OPENING

The City will be accepting sealed Proposals until 10:00 AM CST, on May 11, 2022 at which time they will be opened publicly and the name of the Respondent and the monetary component of the Proposals shall be read aloud. Any Proposal received after proposal time will be returned unopened. Receipt of response does not bind the City to any contract for said services, nor does it give any guarantee that a contract for the Project will be awarded.

9. ASSIGNMENT

Respondents are advised that the City shall not allow the successful Respondent to sell, assign, transfer, or convey any part of any contract resulting from this response in whole or in part, to a third party without the written approval of the City.

RFP-TA-05112022-SWTP 2

10. PREPARATION OF RESPONSE

Responses MUST give full firm name and address of Respondent, and be manually signed.

Failure to do so will disqualify your submittal. The person signing the response must show title or AUTHORITY TO BIND FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent whether corporation, partnership, or individual, shall also be stated in the submittal. A corporation shall execute the submittal by its duly authorized officers in accordance with its corporate bylaws and shall also list the state in which it is incorporated.

A partnership Respondent shall give full names and business addresses of all partners. All partners shall execute the submittal. Partnership and Individual Respondents shall state in the submittal the names and addresses of all persons with a vested interest therein. The place of residence of each Respondent, or the office address of the contractor, with county and state and telephone number, shall be given after the signature. Any costs associated with assembling this submittal will be at the sole expense of the Respondent.

11. WITHDRAWAL

Responses may be withdrawn prior to the due date for submission. No response may be withdrawn after opening time without reasonable exception in writing and only after approval by the City.

12. TIME ALLOWED FOR ACTION TAKEN

The City may hold responses 120 days after submittal deadline without taking action.

Respondents are required to hold their responses firm for same period of time.

13. ALTERATIONS/AMENDMENTS TO RESPONSES

Responses CANNOT be altered or amended after the opening deadline. Alterations made before opening time must be initialed by Respondent guaranteeing authenticity.

14. LIST OF EXCEPTIONS

The Respondent shall attach to the response a list of any exceptions to the specifications/requirements, on a point-by-point basis.

15. NAME BRANDS

Specifications may reference name brands and model numbers. It is not the intent of the City to restrict these responses in such cases, but to establish a desired quality level of merchandise or to meet a pre-established standard due to like existing items. Respondents may offer items of equal stature and the burden of proof of such stature rests with Respondents. The City shall act as sole judge in determining equality and acceptability of products offered.

RFP-TA-05112022-SWTP 3

16. INSPECTIONS & TESTING

The City reserves the right to inspect any item(s) or service location for compliance with specifications and requirements and needs of the using department. If a Respondent cannot furnish a sample of a response item, where applicable, for review, or fails to satisfactorily show an ability to perform, the City can reject the response as inadequate.

17. PRICING

Prices for all goods or services shall be firm for the duration of this contract and shall be stated on the Proposal form. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the response prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, Respondent MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails.

18. INTERPRETATIONS

Any questions concerning the requirements or scope of work with regards to this solicitation for responses shall be directed to the designated individuals as outlined herein.

Such interpretations, which may affect the eventual outcome of this solicitation for responses, shall be furnished in writing to all prospective Respondents via Addendum. No interpretation shall be considered binding unless provided in writing by the City in accordance with paragraph titled “Addenda and Modifications.”

19. ANTICIPATED TERM OF CONTRACT

The anticipated term for the proposed contract is a one-time purchase.

20. EVALUATION

The evaluation process shall be used to determine which response items or services meet the criteria described in “AWARD OF CONTRACT” Section. All Responses are subject to tabulation by the City and recommendation to the City Council. Compliance with all response requirements, delivery and needs of the using department are considerations in evaluating responses. The City reserves the right to contact any Respondent, at any time, to clarify, verify or request information with regard to any response.

21. AWARD OF CONTRACT

In accordance with Section 252.043 of the Texas Local Government Code, the City seeks to contract with the best value proposer. In determining the best value proposer, the City may consider the following criteria:

1) the purchase price;

2) the experience and reputation of the Respondent and of the Respondent's goods or services;

3) the quality of the Respondent's goods or services;

RFP-TA-05112022-SWTP 4

4) the impact on the ability of the City to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities;

5) total long-term cost to the City to aquire the Respondent’s goods or services; and

6) any other relevant criteria specifically listed in the Request for Responses.

Respondents must provide sufficient information to allow the City to evaluate Proposers based on criteria above and the weighted selection criteria included in “Selection Criteria” Section. To demonstrate qualifications to perform the Work, each Respondent must include with its submission written evidence, such as financial data, previous experience, present commitments and other such data that meets the best value considerations outlined in section 252.043 of the Texas Local Government Code. Each Proposal must contain evidence of Respondent’s qualification to do business in the state of Texas or covenant to obtain such qualification prior to award of the contract.

The City reserves the right to accept any item or group of items on this response, unless the Respondent qualifies his/her response by specific limitations.

22. SELECTION PROCESS

Respondents should prepare a sealed proposal responsive to all information requested in this RFP.

The City will use a selection committee to evaluate the proposals. The City will select the response that submits the proposal that offers the best value for the Owner based on the criteria in this request and its ranking evaluation. The response received will be part of the selection process utilized by Owner. Owner reserves the right to and may contact Respondents with questions or clarifications relating to that Respondent’s response to this

RFP.

The Owner’s selection committee will rank the Respondents and will notify each of the rankings within 45 days of proposal opening. The Owner will then negotiate with the highest ranked Respondent as allowed by statute. The set of Contract Documents, including the forms for the Contract and the Technical Specifications, are included with this RFP for Respondent evaluation prior to submission of a Proposal. If a contract cannot be successfully negotiated with the highest ranked Respondent, in the opinion of Owner, negotiations will be terminated and Owner will proceed to negotiate with the next highest ranked Respondent in the order of the selection ranking until a mutually agreed contract can be negotiated or all proposals are rejected.

23. SELECTION CRITERIA

The selection criteria used to evaluate the RFP responses will include, but not be limited to, the following (items listed below are not listed in order of importance):

The Cost of the Work (weighted at 50%).

Proposed Schedule/Contract Time (weighted at 15%).

Past Performance on Similar Projects. The qualifications, reputation, capability and past performance of the offeror with similar goods/services (weighted at 15%).

The available resources to complete the project. This criterion would include personnel, resources and methodologies commonly used by your firm that

RFP-TA-05112022-SWTP 5

5. Overall Qualifications, Reputation, Past Relationship with the City of Victoria. This includes the qualifications, reputation, capability, safety record, financial capability, and offeror’s past relationship and experience with the City of Victoria or other public entities (weighted at 5%).

6. The Contractor’s corporate history and stability. This criterion includes the historical stability, corporate structure, and history of litigation or arbitration on projects in the last five (5) years (weighted at 5%).

7. References. Offeror must provide at least 5 references from projects of similar size and scope, including name, title, phone number, and project (weighted at 5%).

SELECTION CRITERIA WEIGHTED VALUE

Cost of Work 50% Schedule/Contract Time 15% Past Performance on Similar Projects 15% Available Resources 5% Overall Qualifications, Reputation, Past Relationship 5% Corporate History and Stability 5% References 5% Total 100%

Respondents shall include with the proposal all information and qualifications to allow the City’s selection committee to evaluate the proposal in accordance with this section and the evaluation criteria listed here. The City reserves the right to request additional post-proposal information from any or all Respondents to assist in evaluating the proposal based on the selection criteria. The Owner reserves the right to reject any and all proposals. The Owner reserves the right to waive any and all irregularities in proposals.

24. RIGHT TO REJECT/ AWARD

The City reserves the right to reject any or all Responses, to waive any or all formalities or technicalities, and to make such awards of contract to the Respondent who provides the best value to the City.

25. CLARIFICATION OF REQUIREMENTS AND QUESTIONS

All requests for additional information or clarification concerning this response must be submitted in writing using the eProcurement site at https://www.bidnetdirect.com/texas/city-of-victoria or can be emailed to the Staff Contact Person on or before NOON CST, May 5, 2022. Questions received after the stated deadline will not be answered. Questions submitted and the City’s responses will be posted with this solicitation as addenda.

26. RESTRICTIONS ON COMMUNICATION

Respondent(s) are prohibited from communicating with: 1) the City of Victoria City Council Members and City staff regarding the RFP or proposals from the time the RFP has been released until the contract is posted as a City Council agenda item; and 2) City employees from the time the RFP has been released until the contract is awarded. These restrictions extend to “thank you” letters, phone calls, emails and any contact that results

RFP-TA-05112022-SWTP 6

in the direct or indirect discussion of the RFP or proposal submitted by Respondent.

Violation of this provision by Respondent or its agent may lead to disqualification of Respondent’s proposal from consideration.

Exceptions to the restrictions on communication with City employees include:

1. Respondents may ask verbal questions concerning this RFP at the Pre-Submittal Conference or submit clarification requests pursuant to “ADDENDA AND MODIFICATIONS” Section.

2. Staff Contact

27. ADDENDA AND MODIFICATIONS

Any changes, additions, or clarifications to the RFP are made by amendments (addenda) and will be posted on the Public Purchase website. Any respondent in doubt as to the true meaning of any part of the RFP or other documents may request an interpretation from the Staff Contact Person. At the request of the Respondent, or in the event the Staff Contact Person deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Procurement Manager. Such addendum will be attached to the original RFP in the Public Purchase file and will become part of the RFP package having the same binding effect as provisions of the original RFP. It shall be the Respondent(s) responsibility to ensure that they have received all Addenda with respect to this project.

Furthermore, Respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their submittal. Respondent(s) signature on Addenda shall be interpreted as the respondent’s recognition and compliance to official changes as outlined by the City and as such are made part of the original RFP documents. Failure of any Respondent to receive any such addendum or interpretation shall not relieve such Respondent from its terms and requirements. Addendums are available online at https://www.bidnetdirect.com/texas/city-of-victoria. No verbal explanations or interpretations will be binding. The City does not assume responsibility for the receipt of any addendum sent to Respondents.

28. INVITATION FOR RESPONSES PREPARATION COSTS

Issuance of this RFP does not commit the City, in any way, to pay any costs incurred in the preparation and submission of a response. All costs related to the preparation and submission of this RFP shall be borne by the Respondent.

29. EQUAL EMPLOYMENT OPPORTUNITY

Respondent agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title VII of 1964 Civil Rights Act and amendments, except as permitted by said laws.

30. INDEPENDENT CONTRACTOR

It is expressly understood and agreed by both parties hereto that the City is contracting with the successful Respondent as independent contractor. The parties hereto understand and agree that the City shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by the successful

RFP-TA-05112022-SWTP 7

Respondent under this contract and that the successful Respondent has no authority to bind the City.

31. INSURANCE

Required Insurance Coverage. Any of the coverage set forth below may be waived by the City of Victoria in its sole discretion, but any such waiver must be signed by an authorized representative of the City of Victoria. The contracted Respondent will be required to maintain, at all times during performance of the Contract, the insurance detailed in the Insurance Rider attached as Exhibit A .

32. DELIVERY OF GOODS/SERVICES

Delivery of materials shall be FOB Destination, to the City of Victoria, Surface Water Treatment Plant, 2902 Bluff Street, Victoria, Texas, 77901. Any action necessary to expedite replacement of equipment or materials delivered in an unacceptable condition shall be the sole responsibility of the Respondent.

The Respondent expressly covenants and agrees that in undertaking to complete the scheduling of deliveries as set forth herein, they have taken into consideration and made allowances for ordinary delays and hindrances incident to such schedules, whether growing out of delays in securing materials or other factors.

Normal delivery hours are: 9:00 a.m. to 12:00 p.m. and 1:00 to 3:00 p.m. Monday through Friday, except holidays. Care should be taken to arrange deliveries at those times. The ability to accept deliveries other than those times is extremely limited and not assured.

The City shall have a reasonable time (but not less than 30 days) after receipt to inspect the goods and services that are tendered by Respodent. The City at its option may reject all or any portion of such goods or services which do not, in the City’s sole discretion, comply in every respect with all terms and conditions of the Contract. The City may elect to reject the entire goods and services tendered even if only a portion thereof is nonconforming. If the City elects to accept nonconforming goods and services, the City, in addition to its other remedies, shall be entitled to deduct a reasonable amount from the price thereof to compensate the City for the nonconformity. Any acceptance by the City, even if non-conditional, shall not be deemed a waiver or settlement of any defect in such goods and services.

When delivery is not met as provided for in the contract, the Purchasing Department reserves the right to make the purchase on the open market, with any cost in excess of the contract price paid by the Respondnet, in addition to any other damages, direct or consequential, incurred by the City as a result thereof. In addition, failure of the vendor to meet the contract delivery dates will be cause for removal of the Respondent from the City’s list of eligible Respondents as determined by the Purchasing Department.

33. WARRANTIES

Respondents shall furnish all data pertinent to warranties or guarantees which may apply to items in the response.

RFP-TA-05112022-SWTP 8

The Respondent shall warrant that any equipment furnished or work performed shall be free from defects in design, materials, workmanship, and will give successful service under the specified operating conditions. Furthermore, the Respondent agrees, upon notice from the City, to make good all defects in design, materials, or performance developing in the materials or equipment under its intended use for at least twelve (12) months from the date of installation and initial operation, or the manufacturer’s warranty whichever is greater length of time.

In the event that the equipment must be returned to the factory under warranty, the Respondent shall be responsible for delivery charges both to and from the factory.

34. INDEMNIFICATION CLAUSE

TO THE FULLEST EXTENT PERMITTED BY LAW, THE RESPONDENT SHALL INDEMNIFY,

DEFEND AND HOLD HARMLESS THE CITY OF VICTORIA AND EACH COUNCIL MEMBER,

OFFICER, EMPLOYEE OR AGENT THEREOF (THE CITY OF VICTORIA AND ANY SUCH

PERSON BEING HEREIN CALLED AN “INDEMNIFIED PARTY”), FOR, FROM AND AGAINST

ANY AND ALL LOSSES, CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES

(INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND COURT COSTS)

TO WHICH ANY SUCH INDEMNIFIED PARTY MAY BECOME SUBJECT, UNDER ANY THEORY

OF LIABILITY WHATSOEVER (“CLAIMS”), INSOFAR AS SUCH CLAIMS (OR ACTIONS IN

RESPECT THEREOF) RELATE TO, ARISE OUT OF, OR ARE CAUSED BY THE GOODS OR

SERVICES PROVIDED BY THE RESPONDENT, ITS OFFICERS, EMPLOYEES, AGENTS, OR ANY

TIER OF SUBCONTRACTOR IN THE PERFORMANCE OF THIS AGREEMENT.

35. RESPONDENT’S EMPLOYEES

Neither the Respondent nor his/her employees engaged in fulfilling the terms and conditions of any awarded contract shall be employees of the City. The method and manner of performance of such undertakings shall be under the exclusive control of the Respondent on contract. The City shall have the right of inspection of said undertakings at any time.

36. VERBAL THREATS

Any threats made to any employee of the City, be it verbal or written, to discontinue the providing of item/material/services for whatever reason or reasons shall be considered a breach of contract and the City will immediately sever the contract with the vendor.

37. CONFIDENTIAL INFORMATION

A. Any information deemed to be confidential or proprietary by the respondent should be clearly annotated on the pages where confidential or proprietary information is contained.

The City cannot guarantee that it will not be required to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential or proprietary by the responder may not be confidential or proprietary under Texas Law, or pursuant to a Court order. Pursuant to SB 943, the City must disclose certain contracting information and the law presumes that most contracting information is public. Certain types of contracting information must generally be released under the Public Information Act:

overall price; price and description of items or services to be delivered; delivery and service deadlines; remedies for breach of contract; identity of the parties to the Contract; execution and effective dates; and information connected to a vendor or contractor’s performance on

RFP-TA-05112022-SWTP 9

the contract. Additionally, information regarding performance under the Contract, including breaches of the Contract, Contract variances, amendments, liquidated damages, and other penalties for non-performance, must generally be released under the Public Information Act.

B. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this RFP and the contractor or vendor agrees that the Contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter.

38. JURISDICTION

Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the State of Texas. Any and all obligations and payments are due and performable and payable in Victoria County, Texas.

39. VENUE

The parties agree that exclusive venue for purposes of any and all lawsuits, cause of action, arbitration, or any other dispute(s) shall be in Victoria County, Texas.

40. CONFLICT OF INTEREST

Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity must disclose in the Questionnaire Form CIQ, the vendor or person’s affiliation or business relationship that might cause a conflict of interest with a local government entity. This questionnaire must be filed, by law, with the City no later than the 7th business day after the date the person becomes aware of facts that require the statement be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. For more information or to obtain the Questionnaire CIQ go to the Texas Ethics Commission web page at www.ethics.state.tx.us/forms/CIQ.pdf.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT

YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL

RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS

SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176

IS A MISDEMEANOR.

41. CERTIFICATE OF INTERESTED PARTIES

Pursuant to Section 2252.908, Texas Government Code, as amended and formal rules released by the Texas Ethics Commission (TEC), all contracts with private business entities requiring approval by the City of Victoria City Council, will require the on-line completion of Form 1295 "Certificate of Interested Parties." Form 1295 is also required for any and all contract amendments, extensions or renewals. Contractors are required to complete and file electronically with the Texas Ethics Commission using the online filing application.

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Please visit the State of Texas Ethics Commission website, https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm and https://www.ethics.state.tx.us/tec/1295-Info.htm for more information.

IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT

YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL

RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS

SUBJECT TO THE FILING REQUIREMENT.

42. CONFIDENTIALITY OF INFORMATION AND SECURITY

Should the successful respondent be awarded a contract and become the holder of, and have access to, confidential information, (in the process of fulfilling its responsibilities in connection with the contract), the successful respondent agrees that it shall keep such information confidential and will comply fully with the laws and regulations of the State of Texas, ordinances and regulations of the City of Victoria, and any applicable federal laws and regulations relating to confidentiality.

43. SUBSTITUTIONS/CANCELLATIONS OF RESPONSES

No substitutions or cancellations are permitted without approval of the City.

44. ADDITIONAL REPRESENTATION

A Respondent submitting a response to this RFP must submit a verified statement (Attachment C) that it does not boycott Israel and will not boycott Israel during the term of the Agreement as described in Chapter 2270 of the Texas Government Code as amended. Failure to comply with this requirement is grounds for disqualifications; however, the City reserves the right to contact Respondent who fails to comply initially to correct the omission or to confirm the Respondent’s policy.

45. AGREEMENT

The successful Respondent shall enter into a Contract with the City.

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PART II

RESPONSE FORM A - PROPOSAL SIGNATURE PAGE

SUBMIT TO:

THE CITY OF VICTORIA

Procurement Manager 702 N. Main St. Suite 132 Victoria, TX 77901

REQUEST FOR PROPOSAL

(RFP)

Title: SWTP Chlorine 2-Ton Monorail Number: RFP-TA-05112022-SWTP Closing Date & Time: May 11, 2022 at 10:00 AM CST

NAME OF PARTNERSHIP, CORPORATION

OR INDIVIDUAL

TAXPAYER IDENTIFICATION

NUMBER

MAILING ADDRESS NO RESPONSE: If not submitting a response, state reason below and return one copy of this form

CITY, STATE ZIP

PHONE EMAIL

FAX WEB ADDRESS

DELIVERY: Calendar days after receipt of Purchase Order:

__________ days (ARO)

RESPONSES ARE FIRM FOR ACCEPTANCE

FOR 120 DAYS

YES NO OTHER

PAYMENT TERMS

_______ % / Net _______

I certify that this response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, or equipment and is in all respects fair and without collusion or fraud. I agree to all conditions of this response and certify that I am authorized to sign this response for the Respondent. In submitting a response to the City, the Respondent offers and agrees that if the response is accepted, the Respondent will convey, sell, assign or transfer to the City all rights, titles and interest in and to all causes to action it may now or hereafter acquire under the Anti-trust laws of the United States and the State of Texas for price fixing relating to the particular commodities or services purchased or acquired by the City. At the City’s discretion, such assignment shall be made and become effective at the time the City tenders final payment to the Respondent.

AUTHORIZED SIGNATURE DATE PRINTED NAME/TITLE

Please initial by all that apply. I acknowledge receipt of the following addendum.

Addendum #1 __________ Addendum #2 __________ Addendum #3 __________ Addendum # 4 __________

Please Note:

This page must be completed and returned with your response.

Responses received after the above closing date and time will not be accepted.

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PART III

RESPONSE FORM B - PROPOSAL FORM

To: City of Victoria, Texas 702 N. Main St. Suite 132 Victoria, Texas 77901

Project:

No.:

Project No.:

Respondent:

(Print or type full name of proprietorship, partnership, corporation, or joint venture)

1.1 RESPONDENT

A. Total Proposal Price: The undersigned Respondent proposes and agrees, if this Proposal is accepted, to enter into an Agreement with City of Victoria, Texas, in the form included in the Contract Documents to perform all Work as specified or indicated in Contract Documents for the Contract Amount indicated in this Proposal or as modified by a Change Order or Change Directive.

B. Period for Proposal Acceptance: Respondent accepts all of the terms and conditions of the Request for Proposals and Instructions to Respondent, including without limitation those dealing with the disposition of required Bonds. This offer shall remain open to acceptance and is irrevocable for 120 days after Proposal Date (opening). That period may be extended by mutual written agreement of City of Victoria and Respondent.

C. Addenda: Respondent hereby acknowledges it has received; examined and carefully studied all Addenda, and all Addenda have been considered and all related costs are included in the Total Proposal Price.

2.1 RESPONDENT REPRESENTATIONS

A. Respondent is familiar with and is satisfied as to all federal, state and local laws and regulations that may affect cost, progress, performance and furnishing of the Work.

B. Respondent has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, performance and furnishing of the Work.

C. Respondent is aware of the general nature of work to be performed by the City and others at the Site that relates to the Work as indicated in the Contract Documents.

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Respondent has given the City written notice of all conflicts, errors, ambiguities, or discrepancies that Respondent has discovered in the Contract Documents and the written resolution thereof by Principal Architect/Engineer are acceptable to Respondent.

The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Proposal is submitted.

Laws to be Observed: In the performance of the Contract, the Respondent must comply with all applicable federal, state, and local laws, ordinances and regulations, including but not limited to laws concerned with labor, safety, minimum wages, and the environment. The Respondent will make himself familiar with and shall at all times observe and comply with all federal, state, and local laws, ordinances and regulations which in any manner affect the conduct of the work, and SHALL INDEMNIFY AND

SAVE HARMLESS THE CITY OF VICTORIA, AND ITS

REPRESENTATIVES AGAINST ANY CLAIM ARISING FROM

VIOLATION OF ANY SUCH LAW, ORDINANCE OR

REGULATION BY HIMSELF OR BY HIS SUBCONTRACTOR

OR BY HIS EMPLOYEES.

Review by the City: The City and authorized representatives, agents and employees of the City shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, books and accounting records, subcontracts, purchase orders, and all other relevant data, documents and records pertaining to this Contract.

Respondent will submit written evidence of its authority to do business in the state where the Project is located with its Proposal.

Respondent further represents that this Proposal is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any individual or entity to refrain from submitting a Proposal; and Respondent has not sought by collusion to obtain for itself any advantage over any other Respondent or over the City.

RFP-TA-05112022-SWTP 14

3.1 EVALUATION CRITERIA

Proposed Cost (weighted at 50%) - Respondent must submit the proposed costs as set forth below. Having carefully examined this RFP, the Requirements/ Specifications and addenda thereto, the undersigned proposes to furnish all goods necessary in accordance with the Proposal Documents for the following sum:

Dollar amount shall be shown in both written and figure form. In case of discrepancy between the written amount and the figure, the written amount will govern.

TOTAL PROPOSAL PRICE (Lump Sum Amount)

(written)___________________________________________________________

Proposed Schedule/Contract Time (weighted at 15%)-On a separate sheet, Respondent must submit a plan to maintain the Project Schedule, Project Delivery Schedule, and submit former project data demonstrating timeliness of completion. Respondent understands that TIME IS OF THE ESSENCE for this Project.

Past Performance on Similar Projects (weighted at 15%)- On a separate sheet, Respondent must detail the qualifications, reputation, capability and past performance of the Respondent and the Respondents subcontractors and suppliers (to the extent identifiable at the time of proposal submission) on improvement projects of similar size and scope.

Available Resources (weighted at 5%)- On a separate sheet, Respondent must detail available resources to complete the Project, including personnel, resources and methodologies commonly used by your firm that may be applicable to the project categories.

Overall Qualifications, Reputation, Past Relationship with the City (weighted at 5%)- On a separate sheet, Respondent must detail the qualifications, reputation, capability, safety record, financial capability, and Respondents past relationship and experience with the City or other public entities.

The Respondents corporate history and stability (weighted at 5%)- On a separate sheet, Respondent must detail the historical stability, corporate structure, history of litigation or arbitration, and a statement of any liquidated damages that have previously been withheld by public owner clients of the Respondent on projects in the last five (5) years.

References (weighted at 5%)- On a separate sheet, Respondent must provide at least 5 references from projects of similar size and scope, including name, title, phone number, and project.

RFP-TA-05112022-SWTP 15

4.1 SIGNATURES: By signing this Document, I agree that I have received and reviewed all Proposal Documents, Contract Documents and Addenda and considered all costs associated with the Proposal Documents, Contract Documents and Addenda in calculating the Total Proposal Price.

Respondent:

(Print or type full name of your proprietorship, partnership, corporation or joint venture*)

*If Proposal is a joint venture, add additional Proposal Form signature sheets for each member of the joint venture.

By:

Name:

Date

Title:

RFP-TA-05112022-SWTP 16

Doing Business as:

Mailing Address:

Physical Address: _____________________________________________________

Telephone:

Fax:

5.1 CERTIFICATION OF PROPOSAL

The undersigned affirms that they are duly authorized to execute this Proposal, that this Proposal has not been prepared in collusion with any other Respondent, and that the contents of this Proposal have not been communicated to any other Respondent prior to the official opening of this Proposal. Additionally, the undersigned affirms that the Respondent is willing to sign the attached Agreement (if applicable). Further, Respondent certifies that the only person or parties interested in this proposal as principals are those named herein. Respondent has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive proposing.

Signed By: Title:

Typed Name: Company Name:

Phone No.: Fax No.:

Email:

Proposal Address:

P.O. Box or Street City, State Zip

RFP-TA-05112022-SWTP 17

Order Address:

P.O. Box or Street City, State Zip

Remit to Address:

P.O. Box or Street City, State Zip

Federal Tax ID No.:

Date:

RFP-TA-05112022-SWTP 18

PART IV: ATTACHMENTS

ATTACHMENT A: Specifications

SWTP Chlorine 2-Ton Monorail System

Remove and Replace the existing crane system and remove existing hoist trolley from monorail.

Project Scope:

Lock out hoist/trolley; remove existing hoist/trolley

Remove existing u-shaped monorail system

Install support brackets in ceiling and support column outside

Install 2-ton u-shaped monorail system

Install 4 bar conductor system on monorail

Install new hoist and tractor trolley drive

Load test system at 125% of rated load and issue load test certificate

RFP-TA-05112022-SWTP 19

ATTACHMENT B:

STANDARD TERMS AND CONDITIONS

AGREEMENT: This set of Terms and Conditions is incorporated into a Contract in its entirety and, upon execution of the Contract by both Parties, constitutes a portion of the Parties’ Agreement. No change, modification or revision to the Agreement shall be binding unless made in writing and signed by the Parties. The City will not in any manner be responsible for goods delivered or work done for our account without a written order.

DEFINED TERMS: Where utilized in this Request for Proposals, Contract, requirements/specifications, or elsewhere, the following defined terms shall have the meaning assigned to them:

1. “Contract Documents” means the its terms and conditions, the technical specificiations, requirements, specifications, drawings, addendum, and amendments, all of which comprise the full agreement of the Parties.

ACCEPTANCE: Acceptance of this Standard Terms and Conditions shall be deemed effective upon t h e City’s execution of this Contract or upon shipment of the goods which are the subject of this Contract, whichever occurs first. Any proposal made by Respondent for additional or different terms and conditions or any attempts by Respondent to vary, in any degree, any of the terms and conditions of this Contract is hereby rejected.

COMPLETION: TIME IS OF THE ESSENCE IN THE PERFORMANCE OF THIS

CONTRACT. If Respondent fails to effect delivery or performance of the associated services required by the City in accordance with the project schedule, delivery schedule, or other time requirements as communicated to Respondent in the Contract or its attachments, in addition to its other rights and remedies hereunder, the City shall have the right to terminate this Contract by notice effective when received by Respondent or after the expiration of five days from the date of mailing of such notice, whichever occurs first. Such termination shall be effective as to goods not yet received by the City or services not yet rendered, regardless of their transit status. Thereafter, the City shall have the right to purchase substitute goods or services elsewhere and charge Respondent with any and all losses, costs and expenses, including, but not limited to actual, consequential and incidental damages, reasonable attorneys’ fees, and engineering or consulting fees incurred by the City by reason of such delay or termination.

PRICES: Respondent warrants that the prices shown hereunder are the prices quoted to the City at the time of sale and include all costs incurred by Respondent for shipment of all goods included in this Contract. In the event of any price reduction between execution of the Contract and delivery of the goods, the City shall be entitled to such reduction.

SHIPMENT AND DELIVERY: All goods made the subject hereof are to be suitably prepared and packaged for shipment in accordance with good commercial practice so as to effect safe delivery and freedom from weather or other damage and to meet the carrier’s requirements. All damages to such goods occurring prior to delivery will be charged to Respondent. No charges will be allowed for packing, crating or carriage unless stated in this Contract. If, in order to comply with the City’s required delivery date it

RFP-TA-05112022-SWTP 20

becomes necessary for Respondent to ship by a more expensive way than specified in this Contract, any such increased transportation costs shall be paid by Respondent. All deliveries shall be F.O.B. point designated on the face of this Contract or as specified in writing by the City. Cost of all return shipments, for whatever reason returned, shall be borne by Respondent with title and risk of loss passing at the City’s point of shipment, unless otherwise specified by the City at the time of return.

INSPECTION: The City shall have a reasonable time after delivery or performance to inspect the items delivered or the services performed. All such items or services must conform to the specifications, instructions, drawings and data set forth on the face hereof.

The City may reject and refuse acceptance of any items or services which do not so conform. The City shall notify Respondent of such rejection by either notice in writing and by the return to Respondent of the rejected items at Respondent’s expense and risk.

REJECTION OF MATERIALS AND WORKMANSHIP: T he City shall have the right to reject furnished materials and workmanship which are defective or otherwise fail to meet the requirments/specifications attached to Proposal, including specifications, the drawings, and all other documents (the “Contract Documents”) and require their correction.

Rejected goods shall be satisfactorily replaced with proper materials without charge to the City, and Respondent shall promptly segregate and remove rejected materials from the Project site or point designated. If Respondent does not correct defective workmanship or replace the rejected materials within a reasonable time, the City may do so and charge all costs, damages, fees, and expenses to Respondent including, without limitation actual, consequential and incidental damages.

SHOP DRAWINGS, SUBMITTALS, QUALITY OF GOODS: Respondent shall confirm that all materials are in strict accordance with the Contract Documents or requirements published by the City. Where required, prior to shipment, Respondent shall provide shop drawings or submittals sufficient to demonstrate compliance with this Contract and the Contract Documents for the City’s review and approval. All goods and work of Respondent shall conform to all applicable express and implied warranties and be of a good and workmanlike manner. A failure of the City during the progress of the work to discover or reject materials not in accordance with the Contract Documents shall not be deemed an acceptance thereof or a waiver of defects therein. No payment, use of goods provided by Respondent, or occupancy of the Project site by the City shall be construed as an acceptance of materials which are not strictly in accordance with the Contract Documents.

RESPONSIBILITY FOR COMPLETION: Respondent represents that it has examined the requirements/specifications, schedule, plans, drawings, and other documentation in the Contract Documents which Respondent acknowledges are full and complete and are sufficient to enable Respondent to determine the cost of the materials and has fully acquainted itself with all conditions relevant to the work and materials on the Project site and assumes the risk of any variance between the actual conditions and those set out in Contract Documents. Any failure by the City at any time, or from time to time, to enforce or require the strict keeping and performance of any of the terms or conditions of this Contract shall not constitute a waiver of such terms or conditions and shall not affect or impair such terms or conditions in any way, or the right of the City at any time to avail itself of such remedies, as it may have for any breach or breaches of such terms or conditions.

RFP-TA-05112022-SWTP 21

WARRANTIES / GUARANTEES: Respondent expressly warrants that the items and services covered hereunder shall be free of defects in workmanship and shall strictly conform to applicable specifications, instructions, drawings, etc. These warranties shall be in addition to all warranties, express, implied or statutory. All warranties shall run to Buyer, its customers and subsequent owners of items or services covered hereunder.

INDEMNIFICATION: TO THE FULLEST EXTENT PERMITTED BY LAW,

RESPONDENT SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE

CITY OF VICTORIA AND ITS OFFICERS, DIRECTORS, AGENTS,

REPRESENTATIVES, EMPLOYEES FROM AND AGAINST ALL CLAIMS, LOSSES,

EXPENSES, COSTS, DEMANDS, SUITS, CAUSES OF ACTION, AND DAMAGES,

INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES, ENGINEERING OR

OTHER CONSULTANTS’ FEES, OF ANY KINDS RESULTING FROM

RESPONDENT’S PERFORMANCE OR NONPERFORMANCE OF ITS

OBLIGATIONS PURSUANT TO THIS PURCHASE ORDER, FAILURE OF GOODS,

OR ACTS RESULTING IN BODILY INJURY OR PROPERTY DAMAGE, BUT ONLY

TO THE EXTENT OF THE NEGLIGENCE OR OTHER FAULT OF RESPONDENT,

ITS AGENTS, REPRESENTATIVES, EMPLOYEES OR SUBCONTRACTORS OF

ANY TIER.

NO DAMAGES FOR DELAY: Respondent shall have no right to claim any damages against the City, including consequential or incidental damages, as a result of delay.

Extension of time for Respondent’s performance is conditioned upon the City’s approval of an extension of time to the contract or delays claimed by Respondent. Failure of Respondent to make a claim promptly shall be deemed a waiver of the right to a claim for an extension of time for the particular cause.

TERMINATION: The City may terminate this Contract or any part thereof for cause in the event of any default by Respondent, or if Respondent fails to comply with any of the terms and conditions of this offer.