Solicitation

INSTRUCTIONS

RFP 1100 DCM3046

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RESTORATION SERVICES

Solicitation Instructions Page 1

Revised 04/30/2025

1 REQUEST FOR PROPOSALS

1.1 Invitation. The City of Austin invites all Responsible Offerors to submit Proposals to provide the goods and/or services described in this Solicitation.

1.2 Documents. This Request for Proposals (“RFP” or “Solicitation”) is composed of all documents listed in the Attachments section of the Solicitation Cover Sheet.

1.3 Process. The process described in this RFP is the Competitive Sealed Proposals process. This process is procedurally compliant with the competitive proposal processes prescribed by Texas Local Government Code Ch. 252 and Ch. 271.

1.4 Changes. The City may change or revise any of the contents of this Solicitation through the issuance of a written Addendum. Any Addenda issued will be added to the Attachments section of the Solicitation Cover Sheet. The Version number displayed in the Solicitation Cover Sheet will indicate the number of Addenda issued. Any explanation, clarification, interpretation or change to the Solicitation made in any other manner is not binding upon the City, and Offerors shall not rely upon such explanation, clarification, interpretation, or change. Oral explanations or instructions given before the award of the Contract are not binding.

1.5 Review of Documents. Offerors shall review the entire Solicitation, as revised. Offerors shall notify the Authorized Contact Person(s) listed on the Solicitation Cover Sheet in writing of any omissions, ambiguities, inconsistencies or errors in the Solicitation prior to the Offer Due Date and Time displayed in the Important Dates section of the Solicitation Cover Sheet. Offerors shall also notify the City of any Solicitation contents the Offeror believes may be unreasonably restrictive.

1.6 Cancellation. The City reserves the right to cancel this Solicitation at any time for any reason and to resolicit the goods and services included in this Solicitation.

2 PUBLICATION AND NOTICES

2.1 Publication. This Solicitation was published on the City’s financial services website, Austin Finance Online, as of the Published date displayed in the Solicitation Cover Sheet section.

2.2 Email Notices. On the Solicitation’s Published date, email notices regarding this Solicitation were issued to all vendors registered in Austin Finance Online, that had previously selected the NIGP Codes displayed in the Solicitation Cover Sheet section. All subsequent email notices regarding this Solicitation will be limited to those vendors or other persons that subscribe to this Solicitation in Austin Finance Online.

2.3 Newspaper Notices. If applicable, one or more notices of this Solicitation were published in the newspaper as required by statute.

2.4 Third-Party Notices. Austin Finance Online is the only source of official notices regarding this Solicitation.

Prospective Offerors shall not rely on any notices concerning this Solicitation received from sources other than Austin Finance Online.

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3 COMMUNICATIONS AND MEETINGS

3.1 Authorized Contact Persons. The names and contact information for the authorized contact persons for this Solicitation are displayed in the Solicitation Cover Sheet. Offerors needing assistance contacting an Authorized Contact Person regarding this Solicitation may also contact Austin Financial Services - Central Procurement’s main line at (512) 974-2500 and request assistance from any member of Austin Financial Services - Central Procurement’s management team. Offerors may direct specific questions concerning subcontractors and responding to the Minority-owned Business Enterprise and Women-owned Business Enterprise Procurement Program requirements to the ASMBR contact, also listed on the Solicitation Cover Sheet.

3.2 Questions. Offerors shall submit any questions concerning this Solicitation in writing via e-mail to the Authorized Contact Persons displayed on the Solicitation Cover Sheet. The City will respond to all questions received by the Questions Due Date and Time displayed on the Solicitation Cover Sheet. The City will publish one or more Addenda displaying all timely received questions and the City’s responses to each for any information not already contained in the solicitation.

3.3 Vendor Help Desk. For general questions concerning the City’s online financial services system, Austin Finance Online, Vendor Connection (“Vendor Connection”), Offerors may contact the Vendor Help Desk at (512) 974-2018. Assistance from the Vendor Help Desk is limited to navigating and using Vendor Connection only. The Vendor Help Desk will not respond to any questions concerning a specific Solicitation.

3.4 Pre-Offer Conferences. The City may hold one or more pre-offer conferences to review the Solicitation and to receive verbal questions. The Solicitation Cover Sheet will display if a Pre-Offer Conference is being held and if attendance at this meeting is mandatory. If a Pre-Offer Conference is planned, the date, location, time, and any other necessary information regarding this meeting will also be displayed in the Solicitation Cover Sheet. Attendance at any Pre-Offer Conference will be recorded and will be included in an Addendum published following the meeting. As the Solicitation is subject to changes (See Solicitation Instruction, 1.4 Changes.) Offerors shall not rely on verbal exchanges that may occur at a Pre-Offer Conference. Offerors shall continue to submit all questions in writing. (See Solicitation Instructions, 3.2 Questions.)

3.5 Site Visits. The City may hold one or more site visits to allow prospective Offerors to inspect the location(s) where work under any resulting contract will be performed and to receive verbal questions. The Solicitation Cover Sheet will display if a Site Visit is being held and if attendance at this meeting is mandatory. If a Site Visit is planned, the date, location, time, and any other necessary information regarding this meeting will also be displayed in the Solicitation Cover Sheet. Attendance at any Site Visit will be recorded and will be included in an Addendum published following the meeting. As the Solicitation is subject to changes (See Solicitation Instruction, 1.4 Changes.) Offerors shall not rely on verbal exchanges that may occur at a Pre-Offer Conference. Offerors shall continue to submit all questions in writing. (See Solicitation Instructions, 3.2 Questions.)

3.6 No-Lobbying. In accordance with Austin City Code, sec. 2-7-101, et. seq., Austin City Ordinance no.

20180614-056, and applicable Administrative Rules, this Solicitation is subject to certain limits on communication by Offerors and their agents. The No-Lobbying period for this Solicitation starts on the Published Date displayed on the Solicitation Cover Page and continues through the earliest of the following: (i) the Solicitation is cancelled, (ii) the last of any resulting contract(s) are executed, or (iii) 60-

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Solicitation Instructions – RFP 1100 DCM3046 Page 3 days following Council authorization of the last contract resulting from this Solicitation. The No-Lobbying Period continues throughout the completion of the solicitation process. During the No-Lobbying Period, Offerors, Respondents and/or their Agents shall not make any prohibited communications to City Officials or City employees other than the Authorized Contact Persons. Respondents include both prospective and actual Offerors.

4 OFFER PREPARATION

4.1 Offer Submittals. Offerors intending to respond to this Solicitation shall download and complete each of the Submittal documents listed in the Solicitation Cover Sheet. Submittal documents will include additional Solicitation instructions specific to its contents. Offerors will complete each Submittal in accordance with the instructions in the submittal. At a minimum, submittals will include a Price Offer, a Technical Offer, and an Offer and Certifications submittal.

4.2 Alternate Offers. Unless excluded elsewhere in the Solicitation, Offerors may submit alternative Offers, in addition to their primary Offer. Offerors seeking to submit an alternative Offer may include with their completed Submittals, any alternative Submittals as applicable.

4.3 Exceptions. Offerors shall indicate if they take exception to any portions of the Solicitation in their Proposal. Any exceptions included in the Proposal may negatively impact the City’s evaluation of the Proposal or may cause the City to reject the Proposal entirely.

4.4 Offer Acceptance Period. All Offers are valid for a period of one hundred and eighty (180) calendar days subsequent to the RFP closing date unless a longer acceptance period is offered in the proposal.

4.5 Proprietary and Confidential Information. All Offers received and opened by the City are subject to the Texas Government Code, Ch. 552, and will be made available to the public. Offerors seeking to keep any portions of their Offer confidential shall mark each such portion as “Proprietary.” The City will, to the extent allowed by law, endeavor to protect such information from disclosure. The City may request a review and determination from the Attorney General’s Office of the State of Texas, of any Proposal contents marked as “Proprietary.” A copyright notice or symbol is insufficient to identify proprietary or confidential information.

4.6 Cost of Offer Preparation and Participation. Offerors are responsible for all costs related to the preparation of their Offer and incurred while participating in this Solicitation process.

4.7 Minority and Women Owned Business Enterprise (MBE/WBE) Procurement Program. If the solicitation includes an MBE/WBE Program Compliance Plan or Offeror intends to subcontract, the Offeror shall comply with the provisions of Chapters 2-9A and B, of the Austin City Code and the terms of the Compliance Plan or Subcontractor Utilization Plan as approved by the City (the “Plan”).

4.8 Living Wage. The City requires Contractors submitting Offers on this Contract to provide a certification (see the Living Wages Contractor Certification included in the Solicitation) with their Offer certifying that all Contractor Employees (and all tiers of Subcontracting) directly assigned to this City Contract will be paid a minimum living wage equal to or greater to the amount Living Wage Certification. The Living Wage Certification shall include a list of all Contractor Employees (and all tiers of Subcontracting) directly

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Solicitation Instructions – RFP 1100 DCM3046 Page 4 assigned to providing services under the resultant contract including their name and job title. The list shall be updated and provided to the City as necessary throughout the term of the Contract.

4.9 Wage Theft. This Solicitation is subject to City Code, Chapter 4-22 Wage Theft (Ordinance No. 20221201- 031 | Code of Ordinances | Austin, TX | Municode Library). In accordance with City Code, Ch. 4-22, any Employer that submits an Offer to the City is required to provide certification (see the Employer Certification Wage Theft Ordinance – Responsibility Criteria included in this the Solicitation) that they have not been adjudicated for Wage Theft related incidents within five (5) years prior to the date set forth within the Employer Certification Wage Theft Ordinance – Responsibility Criteria. Additionally, City Code, Ch. 4- 22 Wage Theft, requires all Employers to complete a training program designed by the Wage Theft Coordinator on federal and state wage laws and the provisions of City Code, Ch. 4-22 Wage Theft. All Employers must complete the City of Austin Wage Theft Training within 30 days of being awarded a contract with the City. Contact the Wage Compliance Training to register for training or additional information at wagetheft@austintexas.gov.

4.10 Bid Bond. (“Bond”) (Applicable to procurements requiring a Payment and/or Performance Bond). All Offers shall be accompanied by a Bid Bond in an amount of not less than five percent (5%) of the total Offer. The Bid Bond must have a Power of Attorney attached, issued by a solvent surety authorized under the laws of the State of Texas and acceptable to the City. The Bid Bond accompanying the Offer of the apparent successful Offeror will be retained until a Contract is awarded and the successful Offeror executes the Contract and furnishes any required bonds and insurance, after which the Bid Bond will be returned to the Offeror. The Bid Bond provided by the next lowest or next Best Offeror will be retained until a Contract is awarded. All other Bid Bonds will be returned within a reasonable amount of time necessary to make an award recommendation.

4.11 Payment Bond. The Contractor shall provide a Payment Bond on a “per project basis”. When an individual project exceeds $150,000, the Contractor shall provide a Project Payment Bond for the individual project within five (5) calendar days after notification of project award. The Payment Bond serves as security for the faithful payment of all the Contractor’s obligations for Subcontracts, work, labor, equipment, supplies, and materials furnished under the Contract. The Payment Bond shall be issued by a solvent company authorized to do business in the State of Texas and shall meet any other requirements established by law or by the City pursuant to applicable law. The Surety must obtain reinsurance for any portion of the risk that exceeds 10% of the Surety’s capital and surplus. For bonds exceeding $100,000, the Surety must also hold a certificate of authority from the U.S. Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the Treasury. The Payment Bond shall remain in effect throughout the term of the individual project.

4.12 Performance Bond. The Contractor shall provide a Performance Bond on a “per project basis”. When an individual project exceeds $150,000, the Contractor shall provide a Project Payment Bond for the individual project within five (5) calendar days after notification of project award. The Performance Bond serves as security for the faithful performance of all the Contractor’s obligations under the Contract. The Performance Bond shall be issued by a solvent company authorized to do business in the State of Texas and shall meet any other requirements established by law or by the City pursuant to applicable law. The Surety must obtain reinsurance for any portion of the risk that exceeds 10% of the Surety’s capital and https://library.municode.com/tx/austin/ordinances/code_of_ordinances?nodeId=1201313 https://library.municode.com/tx/austin/ordinances/code_of_ordinances?nodeId=1201313 mailto:wagetheft@austintexas.gov

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Solicitation Instructions – RFP 1100 DCM3046 Page 5 surplus. For bonds exceeding $150,000, the Surety must also hold a certificate of authority from the U.S.

Secretary of the Treasury or have obtained reinsurance from a reinsurer that is authorized as a reinsurer in Texas and holds a certificate of authority from the U.S. Secretary of the of the Treasury. The Performance Bond shall remain in effect until the project is completed. The Contractor understands and agrees that time is of the essence in the performance of the Contract. The Contractor agrees it shall strictly adhere to the Contract delivery schedule. No changes in the delivery schedule shall be effective unless in writing executed by both the City and the Contractor. The Contractor understands and agrees that failure to adhere to the Contract delivery schedule is cause for the City to trigger the Performance Bond.

4.13 Pricing Requirements – Non-Specified Items.

4.13.1 The City may purchase additional related items that are available from the Contractor in various quantities. Pricing for these non-specified items will be calculated based on a percentage markup over Contractor’s cost as identified in the Price Sheet under the Non-Specified Parts Section.

4.13.2 Offeror shall bid a percentage markup to their cost.

4.13.2.1 The percentage markup shall be fixed throughout the term of the Contract and are not subject to increase. They shall also remain firm through subsequent renewal periods if the City and the Contractor choose to renew the Contract.

4.13.2.2 The Offeror may offer a different percentage discount or markup amount per manufacturer for any Non-Specified Part; however, parts within each manufacturer’s product line shall be priced by taking the stated list price and applying that percentage discount or markup.

4.14 Hazardous Materials.

4.14.1 If this Solicitation involves hazardous materials, the Offeror shall provide, on an as needed basis, the Offer Safety Data Sheets (SDS), (OSHA Form 20), for all chemicals and hazardous materials specifying the generic and trade name of product, product specification, and full hazard information including receiving and storage hazards. Instructions, special equipment needed for handling, information on approved containers, and instructions for the disposal of the material are also required.

4.14.2 Failure to submit the SDS as part of the Offer may subject the Offer to disqualification from consideration for award.

4.14.3 The SDS, instructions and information required in paragraph “A” must be included with each shipment under the contract.

4.15 Recycled Products.

4.15.1 The City prefers that Offerors offer products that contain recycled materials. When a recycled product is offered by the Offeror, the Offeror must state in their Offer the percentage of the product that is recycled and must include a list of the recycled materials that are contained in the product.

4.15.2 The recycled content of paper products offered to the City shall be in accordance with the Federal Environmental Protection Agency’s Recycled Product Procurement Guidelines. These guidelines are available at http://www.epa.gov/cpg/.

http://www.epa.gov/cpg/

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4.15.3 Contract award for paper products will be made for recycled products unless the cost is more than 10% above the lowest price for non-recycled paper products as required in the City’s Comprehensive Recycling Resolution.

5 OFFER SUBMISSION

5.1 Electronic Offers. All Offers in response to this solicitation shall be submitted electronically (electronic documents) to the City of Austin using the Solicitation’s eResponse function, available through the City’s online financial system, Austin Finance Online. To submit Electronic Offers using the eResponse function, Offeror’s must first be registered as a vendor with the City of Austin in Austin Finance Online. See Instructions, Submitting Offers in Austin Finance Online. For any questions or problems concerning eResponse, please contact vendor@austintexas.gov and copy the Procurement Specialist listed on the Cover Sheet. For immediate attention, call 512-974-2467.

5.2 Due Date and Time for Electronic Offers. Electronic Offers in response to this Solicitation shall be submitted via eResponse by the Offer Due Date and Time displayed in the Important Dates section of the Solicitation Cover Sheet. The system time within Austin Finance Online shall be the official time of record for Electronic Offers.

5.3 Withdrawing Electronic Offers. Electronic Offers submitted online in response to this Solicitation may be withdrawn, revised, and resubmitted using the eResponse function any time prior to the Solicitation’s Due Date and Time. Withdrawn Electronic Offers may be resubmitted, with or without modifications, up to the Solicitation’s Due Date and Time.

5.4 Late Electronic Offers. The Solicitation’s eResponse function in Austin Finance Online will not allow Electronic Offers to be submitted past the Solicitation’s Due Date and Time.

5.5 Opening Electronic Offers. The information regarding Electronic Offers will become available on or shortly after the Offer Opening Date and Time stated on the Solicitation’s Cover Sheet. When Electronic Offers are opened, the names of each Offeror would be displayed within the Solicitation’s eResponse section. For Solicitations conducted via Competitive Sealed Bidding, the Price Offer for each Offeror will also be displayed in the eResponse section.

6 OFFER EVALUATION

6.1 Bases of Competition. The City may compare Offers based on groups or categories and will choose the basis or bases of competition that best meets the City’s needs for the resulting contracts. The basis or bases of competition for each RFP will be described in section 11, Evaluation of Offers below.

6.2 Minimum Responsiveness. Proposals are Minimally Responsive when they include all of the Submittals listed in this Solicitation, completed and with sufficient detail in each to evaluate the Proposal in accordance with the Solicitation’s Instructions. Proposals that are not Minimally Responsive may be deemed non-responsive and rejected.

6.3 Responsibility. An Offeror is responsible if they have the financial and practical ability, resources, expertise, past performance, and positive compliance history with all City ordinances. An Offer may be rejected if an Offeror is determined to not be responsible.

https://assets.austintexas.gov/purchase/downloads/Submitting-Offers-in-AFO.pdf mailto:vendor@austintexas.gov

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6.4 Clarifications. Any time after the opening of Proposals, the City may contact Offerors to ask questions about their Proposal’s contents in order to better understand these contents as-written. Responses to clarification questions, whether done verbally or submitted in writing, do not change the Proposal’s contents. Clarifications are not to be confused with Discussions as described herein.

6.5 Evaluation. Proposals that are Minimally Responsive will be evaluated based on the Evaluation Factors listed in Section 11.1 of the Solicitation Instructions. Evaluation Factors correspond to their specified Submittals and shall indicate their respective weighting next to each. Proposal submittals not identified as Evaluation Factors will be evaluated on a pass / fail basis in accordance with the Solicitation’s Instructions and any further instructions within each Solicitation. Although minimum responses are required in all Submittals, the Submittals identified as Evaluation Factors will be used to differentiate the Proposals and to identify which Proposal(s) represent the Best Value to the City. The City’s evaluation may be made without Clarifications or Discussions with Offerors. Proposals should, therefore, include the Offeror’s most favorable terms.

6.6 Discussions and Proposal Revisions. After completing initial evaluations, the City may enter into discussions (communications which may include negotiations and feedback about the Proposal submitted) with one or more Offerors submitting the highest rated Proposal(s). Following the completion of Discussions, the City may request Proposal revisions from these Offerors. The City may seek multiple rounds of Discussions and Proposal revisions as deemed necessary by the City. The City may revise its initial evaluations depending on the contents of any Proposal revisions received following these Discussions.

6.7 Interviews/Presentations. The City may require that one or more Offeror submitting the highest rated Proposals participate in interviews and/or presentations.

7 CONTRACT AWARD AND EXECUTION

7.1 Award Determination. City staff will recommend Contract award to the Offeror(s) submitting the highest rated Proposal(s) based on the Evaluation Factors set forth in this Solicitation. The Award Determination will be published to Austin Finance Online and notice will be sent to all Offerors subscribed to the Solicitation.

7.2 Multiple Awards. If the City determines that multiple contracts are needed, the City will award one or more additional contracts to the Offeror(s) submitting the next highest rated Proposal(s).

7.3 Contract Execution. Contracts within the City Manager’s authority will be awarded and executed simultaneously. Contracts above the City Manager’s authority will be executed following their authorization by the Austin City Council.

8 ADMINISTRATIVE MATTERS

8.1 Solicitation File. All documents included in this Solicitation, and all timely received Offers in response to this Solicitation, except for Offer contents deemed by Offerors to be proprietary and confidential, will be available for public inspections upon the execution of the contract.

8.2 Debriefings. Offerors may request a debriefing meeting to ask any questions concerning the Solicitation’s contents, process, or the evaluation of their Offer. Debriefing meetings are informal exchanges and may

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Solicitation Instructions – RFP 1100 DCM3046 Page 8 be requested anytime following the earlier of (i) after the contract resulting from this Solicitation is executed, or in the case of multiple awards, the last contract is executed; (ii) the date the Solicitation is cancelled. Debriefings are not public called meetings in accordance with the Texas Open Meetings Act and are usually limited to a single Offeror and any of their representatives. Only information regarding the Solicitation documents and the Offeror’s Offer (including City’s evaluation of the Offer) in response to the Solicitation will be discussed.

8.3 Reservations. The City reserves the right to: (i) specify approximate quantities in the Solicitation; (ii) extend the Solicitation due date and time; (iii) add additional terms or modify existing terms in the Solicitation; (iv) reject an Offer containing exceptions, additions, qualifications or conditions not called for in the Solicitation; (v) reject an Offer received from an Offeror who is currently debarred or suspended by the City, State, or Federal Government; (vi) reject an Offer that contains fraudulent information; (vii) reject an Offer that has material omissions; (viii) reject any or all Offers; (ix) procure any goods or services included in this Solicitation by other means; (x) consider and accept alternate Offers, if specified in the Solicitation, when most advantageous to the City; (xi) reject an Offer if prices in the Offer are unbalanced (some prices are significantly high and other prices are significantly low) and/or (xii) waive any minor informality in any Offer or procedure so long as the deviation does not affect the competitiveness of the Solicitation process.

8.4 Protests. Austin Financial Services - Central Procurement has the authority to settle or resolve any claim of an alleged deficiency or protest. The procedures for notifying the City of Austin of an alleged deficiency or filing a protest are listed below. If you fail to comply with any of these requirements, Austin Financial Services - Central Procurement may dismiss your complaint or protest.

8.4.1 Protest regarding the Solicitation (Pre-Submittal Protest). Any protest regarding the Solicitation by the City shall be filed no later than five (5) business days prior to the due date and time for proposals.

Any protest filed after that date which raises issues regarding the Solicitation will not be considered.

8.4.2 Protests regarding the evaluation of Proposals. Any protest regarding the evaluation of Proposals by the City shall be filed with the City no later than five (5) business days after the notification of award recommendation is posted on Austin Finance Online, or notification that the protestor’s status as a Offeror has changed, such as notification that an Offer has been found to be non-responsive or an Offeror has been found to be non-responsible. Any protest filed after such date which raises issues regarding the evaluation will not be considered. Offerors may only protest the evaluation of their Proposal.

8.4.3 Protest Regarding Award of Contract (Post-Award Protest). Any protest regarding the award of the contract shall be filed no later than ten (10) business days after the date of award. Any protest regarding the award of the contract filed after such date will not be considered.

8.4.4 You shall submit your protest in writing, and it shall include the following information: (i) your name, address, telephone, and email address; (ii) the Solicitation number; (iii) the specific facts and/or law upon which the protest of the Solicitation or the award is based, including all pertinent documents and evidence thereto; and (iv) the form of relief requested.

8.4.5 Your protest shall be concise and presented logically and factually to help with the City’s review.

8.4.6 When the City receives a timely written protest, Austin Financial Services - Central Procurement will determine whether the grounds for your protest are sufficient. If Austin Financial Services - Central

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Procurement decides that the grounds are sufficient, Austin Financial Services - Central Procurement will schedule a protest hearing, usually within five (5) business days. If Austin Financial Services - Central Procurement determines that your grounds are insufficient, the City will notify you of that decision in writing.

8.4.7 The protest hearing is informal and is not subject to the Open Meetings Act. The purpose of the hearing is to give you a chance to present your case, it is not an adversarial proceeding. Those who may attend from the City are: representatives from the department that requested the purchase, the Department of Law, Austin Financial Services - Central Procurement, and other appropriate City staff. You may bring a representative or anyone else that will present information to support the factual grounds for your protest with you to the hearing.

8.4.8 A decision will usually be made within fifteen (15) calendar days after the hearing.

8.4.9 The City will send you a copy of the hearing decision after the appropriate City staff has reviewed the decision.

8.4.10 When a protest is filed, the City usually will not make an award until a decision on the protest is made. However, the City will not delay an award if the City Manager or Austin Financial Services - Central Procurement determines that the City urgently requires the supplies or Services to be purchased, or failure to make an award promptly will unduly delay delivery or performance. In those instances, the City will notify you and make every effort to resolve your protest before the award.

8.5 Interested Parties Disclosure. As a condition to entering the Contract, the Business Entity constituting the Offeror must provide the following disclosure of Interested Parties to the City prior to the award of a contract with the City on Form 1295 “Certificate of Interested Parties” as prescribed by the Texas Ethics Commission for any contract award requiring council authorization. The Certificate of Interested Parties Form must be completed on the Texas Ethics Commission website, printed, and signed by the authorized agent of the Business Entity with acknowledgment that disclosure is made under oath and under penalty of perjury. The City will submit the “Certificate of Interested Parties” to the Texas Ethics Commission within 30 days of receipt from the successful Offeror. The Offeror is reminded that the provisions of Local Government Code 176, regarding conflicts of interest between the Offerors and local officials remain in place. Link to Texas Ethics Commission Form 1295 process and procedures below:

https://ethics.state.tx.us/filinginfo/1295/.

9 DEFINITIONS. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract.

“Addendum” means a written instrument issued by the Contract Awarding Authority that modifies or clarifies the Solicitation prior to the Due Date. “Addenda” is the plural form of the word.

“Austin Financial Services – Central Procurement” refers to the line of business within the City of Austin’s, Austin Financial Services, responsible for the City’s procurement business function.

“Best Offer” means the best evaluated Offer in response to a Request for Proposals or Request for Qualifications/Statements.

“Best Offeror” means the Offeror submitting the Best Offer.

https://ethics.state.tx.us/filinginfo/1295/

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“City” means the City of Austin, a Texas home-rule municipal corporation.

“Offer” means a complete signed response to a Solicitation including, but not limited to, a Request for Proposals.

“Offeror” means a person, firm, or entity that submits an Offer in response to this Solicitation. Any Offeror may be represented by an agent after submitting evidence demonstrating the agent’s authority. The agent cannot certify as to his own agency status.

“Proposal” means a complete, properly signed Offer to a Request for Proposals.

“Chief Procurement Officer” means the officer of Austin Financial Services – Central Procurement and the principal recipient of procurement authority from the City Manager.

“Request for Proposals” means all documents utilized for soliciting Proposals.

“Responsible Offeror” means the financial and practical ability of the Offeror to perform the Contract and takes into consideration resources, expertise, and past performance of the Offeror as well as compliance with all City ordinances concerning the purchasing process.

“Responsive” means meeting all the requirements of a Solicitation.

“Solicitation” means this Request for Proposals or RFP.

“Wage Theft” means any action by an employer that secures performance of a service by agreeing to provide compensation for the service and, after the service is rendered, fails to make full payment.

10 PROPOSAL SUBMITTALS.

10.1 Executive Summary. Provide an Executive Summary that summarizes your RFP response and confirms you will comply with the requirements, provisions, terms, and conditions specified in this solicitation. The Executive Summary should be in the form of a standard business letter on official business letterhead and signed by an authorized representative of Offeror. Include the complete name and address of your firm, telephone number, and email address of the person the City of Austin should contact regarding your firm’s response.

10.2 Authorized Negotiator: Include name, address, email, and telephone number of a person in your organization authorized to negotiate Contract terms and render binding decisions on Contract matters.

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10.3 Concept and Solution.

10.3.1 Scenario A - Give a detailed explanation of your understanding of the situation and outline your proposed solution. Response must clearly demonstrate how your approach meets or exceeds all stated requirements for Scenario A. Ensure that your explanation is thorough, logically structured, and directly aligned with the expectations described in the assessment criteria.

Scenario A

At 7:00 p.m. on a Friday, the Austin Energy Spill Coordinator notifies you that a utility pole with three (3) old-model overhead transformers has fallen, spilling approximately 60 gallons of mineral oil. Oil has spilled in the grassy median and in a roadway, and much of the oil has flowed 100 feet down the asphalt street and into a storm drain. The storm sewer pipe runs 300 feet before discharging to a small creek via a 36” concrete pipe, with no intermediate manhole access. There is heavy vehicle traffic on the street, and pedestrian traffic on the sidewalks. Austin Energy line crews are working to restore electric service. Sampling conducted by the spill coordinator indicates a PCB content of 41 ppm in the mineral oil. The water in the creek has a phase of oil .25 thick in for 10 feet downstream.

Describe your structured description of how your company handles Scenario A, focusing on communication protocols, resource allocation, and escalation steps, at a minimum include the following:

1. Describe the procedures for mobilizing crews and equipment

2. Provide a list of necessary equipment, tools or supplies that will be mobilized

3. Describe your approximate response time

4. Describe your means for ensuring proper communication with the spill coordinator during this incident.

5. Describe in detail how the health and safety of the crew will be assured, what PPE will be used.

6. Specify who has the authority to escalate the initial actions upon arrival at the spill site and how they will be handled

7. Describe how access to the site will be controlled during response and cleanup

8. Document the procedures that will be used to remediate contaminated soil, asphalt and concrete during response and cleanup operations

9. Detail the steps to control and cleanup the oil in the storm sewer and creek and that these procedures follow best practices for spill response and environmental protection.

10. Describe the final site assessment steps to restore all areas after the completion of cleanup

RFP 1100 DCM3046

EMERGENCY AND NON-

EMERGENCY SPILL RESPONSE,

Solicitation Instructions – RFP 1100 DCM3046 Page 12

10.3.2 Scenario B - Give a detailed explanation of your understanding of the situation and outline your proposed solution. Response must clearly demonstrate how your approach meets or exceeds all stated requirements for Scenario B. Ensure that your explanation is thorough, logically structured, and directly aligned with the expectations described in the assessment criteria.

Scenario B

The Austin Energy Spill Coordinator notifies you that there is a backlog of four (4) no-PCB oil spills of various sizes that need to be cleaned up as soon as possible. There are additionally three (3) spill sites that have been excavated and sampled confirming the excavation is complete, but these sites have not been backfilled and restored. Austin Energy staff are busy and can only supply minimal on-site assistance.

Describe your structured description of how your company handles Scenario B, focusing on communication protocols, resource allocation, and escalation steps at a minimum include the following:

1. Detail how your firm will manage this workload to complete the cleanups as efficiently as possible.

2. Document your procedures for mobilizing crews and equipment,

3. Describe your means for ensuring proper communication with the spill coordinator during this incident,

4. Describe how the sites will be cleaned and restored,

5. Describe how cleanup will be verified after response operations

6. Describe how waste and site restoration will be handled after cleanup operations.

RFP 1100 DCM3046

EMERGENCY AND NON-

EMERGENCY SPILL RESPONSE,

Solicitation Instructions – RFP 1100 DCM3046 Page 13

10.4 Experience and Personnel.

10.4.1 Provide a description of personnel qualifications to assume the responsibilities required for this opportunity have the expertise, credentials and practical experience to perform the work. Include documentation outlining specific expertise in emergency spill response and cleanup and elaborate on personnel experience in electric utility spill response.

10.4.2 Provide a statement including documentation on how your firm meets the minimum of two (2) years in spill response experience and detail the specific emergency response to hazardous spills, including PCB spills.

10.4.3 For personnel assigned to this contract, provide copies of current certifications for OSHA Hazardous Waste Operations (HAZWOPER) training and the annual refresher training as specified in OSHA Hazardous Materials in sections 29 CFR 1910.120(e)(3), 29 CFR 1910.120(e)(8) and OSHA Training Curriculum Guidelines for emergency spill responses in section 29 CFR 1910.120(q)(6)(iii).

10.4.4 Provide documentation demonstrating experience with the Environmental Protection Agency (EPA) 40 CFR 761 Subpart G, and TCEQ 30 TAC 327 regulations for providing emergency and non‐ emergency spill response, cleanup, and restoration services at any location in the Austin Energy service area, which includes all of Travis County and substations in surrounding counties

10.4.5 Describe and provide at least three complete and verifiable references for past comparable projects to include company name, point of contact, and describe past work. Include all PCB spill response and remediation experience. The spill response projects should be within the last five years all focused on PCB spill response and remediation and all tied to electric utility operations.

10.4.6 Provide current up-to-date resumes or up-to-date bios for all professional personnel who will be assigned to this project. State the primary work assigned to each person and the percentage of time each person will devote to this work. Identify key people by name and title. Please ensure the resume includes specific dates, project descriptions, and the personnel’s role and responsibilities to verify compliance with the requirement.

10.4.7 Provide a current up-to-date resume or up-to-date bios for all supervisor(s) who will be assigned to this project. The supervisor(s) shall have a minimum of two years of documented experience in supervising PCB spill crews, hazardous or non-hazardous spill response crews. Please ensure the resume includes specific dates, project descriptions, and the supervisor’s role and responsibilities to verify compliance with the requirement

10.4.8 Provide a general explanation and current organization chart specifying project leadership and reporting responsibilities (i.e. a narrative description of how the project is structured and an organizational chart showing who leads what and how reporting flows); and how they will interface with the Austin Energy project management and team personnel. If use of subcontractors is proposed, identify their role and placement in the primary management structure and provide internal management description for each subcontractor. Indicate how the proposed management structure will ensure timely, professional, and quality service

RFP 1100 DCM3046

EMERGENCY AND NON-

EMERGENCY SPILL RESPONSE,

Solicitation Instructions – RFP 1100 DCM3046 Page 14

10.5 Price Proposal. Pricing information for each category component shall be reported in Pricing Submittal sheet.

Offeror shall propose pricing for each of the five (5) categories and the Price proposal will be evaluated on the total extended price of all five categories combined. Whichever Offeror offers the City the most competitive price will be awarded the maximum number of points. Remaining points will be distributed on a pro-rated basis.

10.6 Local Business Preference – Optional. The City of Austin seeks to promote additional opportunities for Local Businesses to participate under City contracts. Local Businesses responding to this Solicitation may be eligible to receive preference as described in the Local Business Preference Form, included with this Solicitation (see Offer and Certification Form). To receive this preference, Offerors must complete the form and include the completed form with their Offer.

Note: Local Business Preference may not be allowable, and will not be provided, in solicitations subject to federal funding.

10.7 Small Business Preference – Optional. The City of Austin seeks to promote additional opportunities for Small Businesses to participate under City contracts. Small Businesses responding to this Solicitation may be eligible to receive preference as described in the Small Business Preference Form, included with this Solicitation. To receive this preference, Offerors must complete the form and include the completed form with their Offer.

10.8 Local and Small Businesses Points. Proposals from Local Business and Small Businesses will be assigned points based on the following.

Total Proposal Value (Aggregate) Local Points Small Points

$50,000 to $499,999 10 10

$500,000 to $50 million 6 6

Above $50 million 0 0

11 EVALUATION OF OFFERS

11.1 Evaluation Criteria

11.2 Interviews and/or presentations, Optional. The City will score proposals on the basis or bases of the criteria listed above. The City may select a “short list” of Offerors based on those scores. “Short-listed” Offerors may be invited for presentations, demonstrations, or discussions with the City. The City reserves the right to re-score “short-listed” proposals as a result, and to make award recommendations on that basis or bases.

RFP Evaluation Factors Maximum Points Concept and Solution 30 Experience and Personnel 30 Price Proposal 20 Local Business Preference Up to 10 Small Business Preference Up to 10 Total Up to 100