CITY OF HOUSTON...Houston Airport System (HAS) is a department of the City of Houston, that manages...

Date Issued: February 28, 2020

Pre-Submission Conference: March 17, 2020 @ 10:00 A.M., CST Houston Airport System Infrastructure Division Office, Auditorium No. 2 111 Standifer Street Humble, TX 77338

Pre-Submission Questions Deadline:

March 20, 2020 @ 2:00 P.M., CST

Solicitation Due Date:

April 2, 2020 @ 4:00 P.M., CST

Solicitation Contact Person:

Valerie Player-Kaufman [email protected] 832-393-8749

Project Summary: This is for a three (3) year contract with two (2) one-year options to renew

annually, for a maximum five-year contract term for Technical Advisory Services for the Houston Airport System.

Project Description: This RFQ is for a potential multiple vendor award for technical advisory services to the City in matters involving Houston Airport System (HAS) construction and renovation contracts as directed by the HAS City Engineer. NIGP Code: 906-07; 907-14; 907-40; 918-15; 918-32 MWBE Goal: 0%

CITY OF HOUSTON REQUEST FOR QUALIFICATIONS (RFQ)

TECHNICAL ADVISORY SERVICES SOLICITATION NO.: S36-Q29369

mailto:[email protected]

TABLE OF CONTENTS

PART I – GENERAL INFORMATION... ........................................................................................................................... 4

A. General Information... ................................................................................................................................. 4

B. Background... ............................................................................................................................................. 4

C. Solicitation Schedule .................................................................................................................................. 4

PART II – SCOPE OF WORK / TECHNICAL SPECIFICATIONS .. ................................................................................ 5

A. Purpose ...................................................................................................................................................... 5

B. Background ................................................................................................................................................ 5

C. Goals and Objectives ................................................................................................................................. 5

D. Scope of Work ............................................................................................................................................ 5

E. Exhibits……………………………………………………………………………………………………………...8

PART III – EVALUATION AND SELECTION PROCESS ................................................................................................ 8

A. Evaluation Committee ... ............................................................................................................................. 8

B. Interviews/Oral Presentations ..................................................................................................................... 8

C. Selection Process........................................................................................................................................ 8

D. Best and Final Offers (“BAFO”) ................................................................................................................... 9

E. Evaluation Criteria... .................................................................................................................................... 9

F. Additional Related Services ... ..................................................................................................................... 9

PART IV – RESPONDENT SUBMISSION REQUIREMENTS ....................................................................................... 10

A. Instructions for Submission………………………………………………………………………………………10

B. Submission Requirements……………………………………………………………………………………….11

PART V – SPECIAL CONDITIONS ................................................................................................................................ 12

A. No Contact Period ... .................................................................................................................................. 12

B. Equal Opportunity Employment ................................................................................................................. 12

C. Protests ...................................................................................................................................................... 12

D. Cancellation ............................................................................................................................................... 12

E. Anti-Boycott of Israel... ............................................................................................................................... 12

F. Zero Tolerance for Human Trafficking in City Service Contracts....………………………………………….13

G. Preservation of Contracting Information.………………………………………………………………………. 13

PART VI – INSTRUCTIONS TO RESPONDENTS ........................................................................................................ 13

A. Pre-Submission Conference... .................................................................................................................. 13

B. Additional Information and Specification Changes .................................................................................... 13

C. Letter(s) of Clarification ............................................................................................................................. 13

D. Examination of Documents and Requirements ......................................................................................... 13

E. Exceptions to Terms and Conditions ......................................................................................................... 14

F. Post-Submission Discussions with Respondent(s) ................................................................................... 14

PART VII – REQUIRED FORMS/DOCUMENTS TO BE SUBMITTED ......................................................................... 14

EXHIBIT I – OFFER AND SUBMITTAL, REFERENCES, PROPOSED SUBCONTRACTORS... ................. 14

EXHIBIT I – OFFER AND SUBMITTAL... ............................................................................................. 14

EXHIBIT I – REFERENCES ................................................................................................................. 14

EXHIBIT I – LIST OF SUBCONTRACTOR(S)... ................................................................................... 14

EXHIBIT II – CITY OF HOUSTON OWNERSHIP INFORMATION FORM .................................................... 14

EXHIBIT III – ANTI-COLLUSION STATEMENT ............................................................................................. 14

EXHIBIT IV – CONFLICT OF INTEREST QUESTIONNAIRE........................................................................ 14

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PART I – GENERAL INFORMATION A. General Information

The Houston Airport System (HAS) City Engineer is responsible for rendering Engineer's Decisions in contractual disputes between HAS and contractors. These are final and binding for the resolution of claims and are a condition precedent to bringing a lawsuit against the City of Houston. To assist the HAS City Engineer in evaluation of contractual disputes it is beneficial to have third party resources available to provide technical input from an experienced industry perspective. The City will reserve the right to award a contract to more than one vendor as needed, based on services required. The Technical Advisors serve in the role to evaluate the merit of the issues presented to the HAS City Engineer and provide impartial advice to inform the Engineer's Decisions.

B. The Houston Airport System Background Houston Airport System (HAS) is a department of the City of Houston, that manages city airports. Its administrative offices are on the property of George Bush Intercontinental Airport. It operates George Bush Intercontinental Airport, William P. Hobby Airport, and Ellington Airport in Houston.

C. Solicitation Schedule

Listed below are key dates for this Request for Qualifications (RFQ): EVENT _________________________ DATE _____ Date of RFQ Issued February 28, 2020 Pre-Submission Conference March 17, 2020 Questions from Respondents Due to City March 20, 2020 Submissions Due from Respondents April 2, 2020 Notification of Intent to Award (Estimated) May 22, 2020 Council Agenda Date (Estimated) July 16, 2020 Contract Start Date (Estimated) July 21, 2020

https://en.wikipedia.org/wiki/Houston

https://en.wikipedia.org/wiki/George_Bush_Intercontinental_Airport

https://en.wikipedia.org/wiki/William_P._Hobby_Airport

https://en.wikipedia.org/wiki/Ellington_Airport_(Texas)

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PART II – SCOPE OF WORK

A. PURPOSE

The objective of the Technical Advisory Services is to have third party resources available to provide technical input from an experienced industry perspective to evaluate the merit of issues present to the HAS City Engineer and provide impartial advice to inform the Engineer’s Decision.

B. BACKGROUND The authority to render Engineering Decisions is granted to the City Engineer. Upon submission of a claim by the Project Manager or Contractor, the City Engineer will resolve claims in accordance with the General Conditions of the Contract. If a claim is not referred to or settled in non-binding mediation, City Engineer may conduct a hearing and will render a written decision, including findings of fact, within 75 days of receipt of claim, or a time mutually agreed upon by the Parties in writing. The City Engineer may notify Surety and request Surety's assistance in resolving a claim. The City Engineer's decision is final and binding on the Parties. A final decision by the City Engineer is a condition precedent to file suit in any jurisdiction for a claim made in connection with a Contract.

C. GOALS AND OBJECTIVES To solicit a contractor or firm to provide professional technical advisory services to the City Engineer involving HAS construction and renovation contracts as directed by the City Engineer, which includes, but is not limited to the following:

1. Assist the HAS City Engineer in evaluation of contractual disputes;

2. Provide technical input from an experience industry perspective; and

3. Evaluate the merit of the issues presented to the HAS City Engineer and provide impartial advice to inform the Engineer’s Decisions.

D. SCOPE OF SERVICES

4.1 General Services The contractor or firm shall provide professional technical advisory services to the City in matters involving HAS construction and renovation contracts as directed by the HAS City Engineer. Services may include, but are not limited to:

4.1.1 Evaluate contractual disputes between the City and a contractor, and provide a

recommendation based on construction industry standard practices and recent legal findings and decisions.

4.1.2 Consult on interpretation and compliance with City of Houston contracts, building standards, building and fire codes, and state and federal administrative and regulatory laws.

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4.1.3 Advise the City Engineer on current construction industry trends affecting market place stability, and regulatory issues affecting or informing construction industry standard practices.

4.1.4 Analyze construction plans, specifications, engineering reports, survey data,

schedules, time impact analyses, Requests for Information (RFIs), Requests for Proposals (RFPs), Work Change Directives (WCDs), Potential Change Orders (PCOs), estimates and price proposals, and other project documentation as necessary to provide an adequate and reliable technical report and recommendation on a construction issue.

4.1.5 Generate recommendations, reports, exhibits, presentations and proposed correspondence for review and use by the HAS City Engineer in communications regarding City contracts.

4.1.6 Attend meetings with HAS’ and contractor’s or firm’s project teams, consultants,

sponsors, and stakeholders for information gathering and corresponding as needed to complete the work described in the scope of services.

4.1.7 Coordinate its performance with the City Engineer, City consultants, and all

governmental entities having jurisdiction over the Project;

4.1.8 Make periodic written reports, meeting notes, and recommendations to the City Engineer with respect to conditions, transactions, situations, or circumstances encountered by the Architect/Engineer relating to its services under this Contract;

4.1.9 Attend meetings with representatives from the City, Local, State, and Federal

Agencies, and contractors if required by the City Engineer;

4.1.10 Provide a copy of written materials prepared by Technical Advisor or made available to Technical Advisor under this Contract, if requested;

4.1.11 Ensure the professional quality, technical accuracy, and coordination of all

documents and services; and

4.1.12 Correct or revise all errors and deficiencies in documents and services as directed by the City Engineer. No compensation will be paid for corrections or revisions of errors and deficiencies.

4.2 The Technical Advisor will be asked to perform on-call services required for design and/or

construction phases after Technical Advisor receives written notice by the Director to begin performance, and assurance that adequate funds have been allocated.

4.3 This work does not include providing legal services or professional engineering services.

4.4 The City is not required to proceed with a contract, including an individual Letter of Authorization (LOA) (Exhibit A), after completion of an award of the Technical Advisory Services solicitation, for any phase of work. If this occurs, the Director shall notify the Technical Advisor in writing of the Director’s intent to terminate the Contract or an individual LOA. Any amounts paid to the Technical Advisor before it receives this written notice plus any amounts to which the Technical Advisor is entitled constitute total compensation for the services rendered to the date of receipt of the written notice. The Technical Advisor is not entitled to any additional sums.

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4.4.1 Letters of Authorization (LOA)

4.4.1.1 In response to Letters of Authorization to be issued periodically by the Director,

the Technical Advisor shall perform services as set forth under the Contract and each LOA. The extent of such assigned work and the payment basis after negotiations with Technical Advisor have been completed for each LOA will be defined in each LOA in accordance with the Contract. The Technical Advisor agrees that it shall diligently perform all assigned project tasks and meet the delivery schedules of the project schedule established for the project in each LOA. The Technical Advisor acknowledges that time is of the essence in performing services under the Contract. The Technical Advisor shall not begin services until it receives a signed LOA from the Director.

4.4.1.2 LOA's must set forth the following: 4.4.1.2.1 Contract Number HAS Project Number, and Technical Advisor’s

Name, Address, and Telephone Number.

4.4.1.2.2 LOA number and date.

4.4.1.2.3 Identity of Technical Advisor’s key personnel assigned to each LOA and the subcontractors who will perform services.

4.4.1.2.4 A scope of services specifically identifying the services to be performed and the project deliverables to be prepared.

4.4.1.2.5 Project Schedule, including the following:

4.4.1.2.5.1 Start and completion dates of the deliverables;

4.4.1.2.5.2 Critical dates of coordination with subcontractors;

4.4.1.2.5.3 Review submittal dates and period duration allowed for HAS review;

4.4.1.2.5.4 Scheduled submittals of required reports; and

4.4.1.2.5.5 Meeting schedule, including required attendance at scheduled progress meetings.

4.4.1.2.6 A breakout to include identification, by line item, of the required

position(s) classification(s) to perform the services, the estimated hours, and the fixed hourly Billing Rate, if an hourly based agreement; .

4.4.1.2.7 A breakout of all Reimbursable Expenses by line item, to include the estimated quantity of the item required, the unit cost, and an extended "not to exceed" dollar amount;

4.4.1.2.8 Frequency of payment (i.e., monthly, milestone, upon completion of project);

4.4.1.2.9 Balance of funds remaining in the Contract;

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4.4.1.2.10 Identification of the estimated amount of services to be performed by MWBE firms, if applicable; and

4.4.1.2.11 Any other information necessary to identify and perform the

services or as otherwise may be required by the Director.

3.1.3.2.7 LOA's shall continue to be in effect and performed by Technical Advisor until such time as all requirements have been met and a written acceptance of the project performed has been made by the Director or until the Technical Advisor receives written notification from the Director to discontinue services on a project.

3.1.3.2.8 LOA's may be amended at any time during the performance in the same manner as they are issued.

3.1.3.2.9 LOAs may not alter or amend the terms and conditions set forth in the Contract.

E. EXHIBITS

The following documents are provided as an aid in responding to this solicitation: See “Exhibit A” Sample Letter of Authorization See “Exhibit B” Sample Contract

PART III – EVALUATION AND SELECTION PROCESS

A. Evaluation Committee An evaluation committee shall evaluate Respondents’ submissions in accordance with the

evaluation criteria listed in Part VI. Upon completion of the evaluation, the committee may develop a short list of Respondent(s) meeting the technical competence requirements. The shortlisted Respondent(s) may be scheduled for a structured oral presentation, demonstration, interview and negotiations. Following these City-to-Respondents’ meetings, the evaluation team will summarize their findings and recalculate their scores, if needed. However, the evaluation committee reserves the right to issue letter(s) of clarification when deemed necessary to any or all Respondent(s). The oral presentations, demonstrations and/or interviews may be recorded and/or videotaped.

B. Interviews/Oral Presentations/Demonstrations

The City reserves the right to request and require that each Respondent meet with the evaluation committee to further discuss their submission at a later scheduled date and time. No Respondent is entitled to this opportunity, and no Respondent shall be entitled to attend presentations of any other Respondent. If necessary, Respondents may be required to meet with the evaluation committee more than once.

C. Selection Process

Upon review of all information provided by shortlisted Respondents, the evaluation committee shall make a recommendation for selection to City officials. The City reserves the right to check references on any projects performed by the respondent whether provided by the Respondent. Selected submission will be submitted for approval by the appropriate City officials. The City of Houston intends to select a submission that best meets the City’s needs and provides the overall

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best value. Upon approval of the selected Respondent, a contract will be executed by the appropriate City officials.

D. Best and Final Offer (“BAFO”)

City reserves the right to request a Best and Final Offer (BAFO) after finalist Respondent(s) clarifying points, if necessary.

E. Evaluation Criteria

1. Responsiveness of Submission (Pass/Fail)

The Submission shall be responsive to all material requirements that shall enable the evaluation committee to evaluate submissions in accordance with the evaluation criteria.

2. Technical Competence/Requirements (100 Points)

2.1 Qualifications and specialized experience of the firm, which includes background and

experience to provide similar services. (40%) 2.2 Quality and specialized experience of key personnel: background and experience.

(30%) 2.3 Quality of the proposed management approach and understanding of the Scope of

Work. (30%) 2.4 Financial stability of Respondent. (Pass/Fail)

If Respondent is an entity that is required to prepare audited financial statements, Respondent shall submit an annual report that includes:

2.4.1 Last two years of audited accrual-basis financial statements, including an income

statement, cash flow statement, and balance sheet; 2.4.2 If applicable, last two years of consolidated statements for any holding

companies or affiliates; 2.4.3 An audited or un-audited accrual-basis financial statement of the most recent

quarter of operation; and 2.4.4 A full disclosure of any events, liabilities, or contingent liabilities that could affect

Respondent’s financial ability to perform this contract.

If Respondent is a privately-owned entity or sole proprietorship for which audited financial statements are not required, Respondent shall submit an annual report that includes:

2.4.5 Last two years of un-audited accrual-basis financial statements, including an

income statement, cash flow statement, and balance sheet; 2.4.6 An audited or un-audited accrual-basis financial statement of the most recent

quarter of operation; and 2.4.7 A full disclosure of any events, liabilities, or contingent liabilities that could affect

Respondent’s financial ability to perform this contract;

OR

2.4.8 Other financial information sufficient for the City, in its sole judgement, to determine if Respondent is financially solvent or adequately capitalized.

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Note: Hire Houston First (HHF) Program can be found in the City of Houston’s Code of Ordinances (the “Code”), Ch. 15, Article XI. At the conclusion of scoring Submissions, preference points shall be distributed in the following manner: To be eligible for the preference, a company must be designated as a City Business (CB) or Local Business (LB) under the Hire Houston First Program prior to submittal of proposal. Proposers must provide Declaration of Hire Houston First Designation form with Submission. At the conclusion of scoring Submissions, Hire Houston First preference points shall be distributed in such a way that grants the highest number of points to a City Business (CB) and the next highest number of points to a Local Business (LB).

• 5 Points: For Respondent firm designated as a Hire Houston First “City Business” (CB);

• 3 Points: For Respondent firm designated as a Hire Houston First “Local Business” (LB);

• 0 Points: For Respondent firm not designated as either a “City Business” (CB) or a “Local

Business” (LB).

F. Additional Related Services

In submitting its Submission, Respondent(s) shall indicate a willingness to negotiate future potential additional services deemed appropriate, as provided herein, or deemed necessary and/or desirable by the City.

PART IV – RESPONDENT SUBMISSION REQUIREMENTS

A. Instructions for Submission

1. Number of Copies. Submit One (1) original of the Technical Proposal signed in BLUE ink, and

Seven (7) electronic copies of the Technical Proposal on thumb drives; submitted in a sealed envelope bearing the assigned solicitation number located on the first page of this RFQ solicitation document to:

Office of the City Secretary City Hall Annex, Public Level 900 Bagby Street Houston, Texas 77002

All thumb drives must not be password protected. If password protected, the password must be provided at the time of submission

The City of Houston shall bear no responsibility for submitting responses on behalf of any Respondent.

2. Time for Submission. Submissions shall be submitted no later than the date and time indicated

for submission within this RFQ. Late submittals shall not be considered and shall be returned, unopened.

3. Format. Submission shall be left-bound with information presented on double-sided pages. Material shall be organized to mirror the sequential order of the submission requirements and separated by labeled tabs and shall be securely bound. Expensive paper and binders are discouraged since submitted materials shall not be returned.

4. Complete Submission. Respondents shall carefully review all requirements and submit all

documents and information as instructed within this RFQ. Incomplete submissions may result

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in submissions being deemed non-responsive and may not be considered for further evaluation.

5. Packaging and Labeling. Respondent’s package shall clearly indicate name of Respondent,

title and number of RFQ, and a due date and time for submission deadline. All listed submission requirements shall be included within the submitted response.

6. Timely Delivery of Submissions. The Respondent’s submission with their signed Offer and

Submittal Form shall be delivered by hand or to the address shown on the cover sheet of this RFQ. (Include the RFQ number on all packages delivered.) If using an express delivery service, the Respondent’s package shall be delivered to the designated address. Packages delivered by express mail services to other off-site City mailroom locations may not be re-delivered on time to be considered for further consideration.

7. Late Submissions. The Respondent is responsible for ensuring that its submission is received

at the time, date, place, and office as specified. The City assumes no responsibility for any submission not received, regardless of whether the delay is caused by the U.S. Postal Service, a courier delivery service, or by some other act or circumstance.

B. Submission Requirements

To simplify the review process and to obtain the maximum degree of comparability, the Submission must follow the outline as set forth below, at a minimum, contain the information as requested. Respondent(s) are encouraged to include additional relevant information.

1. Cover Letter. Submit a signed cover letter by the Respondent’s authorized representative. The

cover letter shall indicate the Respondent’s commitment to provide the services proposed and shall identify all staff members of the team. Define the organizational relationship of team members and projected responsibilities assigned for each on this project.

2. Qualifications of Respondent. Include a brief description of the organization’s track record,

including history, number of employees, number of years in business, and a list of projects relevant to this RFQ.

3. Qualifications of Key Personnel. Provide chronological resumes of the key personnel that shall

be assigned to this project.

4. Financial Stability: If Respondent is a contractor that is required to prepare audited financial statements, then Respondent shall submit an annual report containing the information provided in Part III, D, 2.4.1 through 2.4.4 of this document. If Respondent is a privately-owned contractor, sole proprietorship for which audited financial statements are not required, Respondent shall submit an annual report containing the information provided in Part III, D, 2.4.5 through 2.4.7, or 2.4.8 of this document.

5. Exceptions to Standard Contract. Submit any Exceptions to the standard contract and include

the rationale for taking those Exceptions. Provide rationale for objecting to each Exception and propose alternate language for City Legal consideration. When applicable, attach license and maintenance Agreement(s).

6. Legal Actions. Provide a list of all pending litigation and include a brief description of the reason

for legal action.

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7. Conflict of Interest. Provide information regarding any real or potential conflict of interest. Failure to address any potential conflict of interest upfront may be cause for rejection of the submission.

8. Other. Submit any information deemed pertinent to demonstrating Respondent’s qualifications

to perform the services being requested such as memberships in any professional associations, documents, examples, etc.

9. Forms and Certifications. Complete all forms and any required certifications attached, where

appropriate.

PART V – SPECIAL CONDITIONS A. No-Contact Period

Neither Respondent(s) nor any person acting on Respondent(s)'s behalf shall attempt to influence the outcome of the award by the offer, presentation or promise of gratuities, favors, or anything of value to any appointed or elected official or employee of the City of Houston, their families or staff members. All inquiries regarding the solicitation are to be directed to the designated City Representative identified on the first page of the solicitation. Upon issuance of the solicitation through the pre-award phase and up to the date the City Secretary publicly posts notice of any City Council agenda containing the applicable award, aside from bidder's formal response to the solicitation, through the pre-award phase, written requests for clarification during the period officially designated for such purpose by the City Representative, neither Respondent(s) nor persons acting on their behalf shall communicate with any appointed or elected official or employee of the City of Houston, their families or staff through written or oral means in an attempt to persuade or influence the outcome of the award or to obtain or deliver information intended to or which could reasonably result in an advantage to any bidder. However, nothing in this paragraph shall prevent a bidder from making public statements to the City Council convened for a regularly scheduled session after the official selection has been made and placed on the City Council agenda for action, or to a City Council committee convened to discuss a recommendation regarding the solicitation.

B. Equal Opportunity Employment

The City of Houston Ordinance Section 15-17 establishes Equal Employment Opportunity Contract Compliance requirements for all City of Houston contracts involving the expenditure of Fifty Thousand Dollars ($50,000) or more. Any contract for professional services that results from this RFQ will provide that the failure to carry out the requirements set forth in the City of Houston Equal Employment Opportunity Program shall constitute a breach of contract and may result in termination of the agreement or contract. In addition, the City may take any such additional remedy as deemed appropriate.

C. Protests

Protests should be filed in accordance with the City of Houston Administrative Policy (A.P. No. 5-12) http://www.houstontx.gov/policies/administrative_policies.html

D. Cancellation

The City of Houston has sole discretion and reserves the right to cancel this RFQ, or to reject any or all Submissions received prior to contract award.

https://www.houstontx.gov/policies/administrative_policies.html

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E. Anti-Boycott of Israel:

City vendors are required to certify that they are not currently engaged in and agree until the funds are exhausted under its contract with the City not to engage in, the boycott of Israel as defined by Section 808.001 of the Texas Government Code.

F. Executive Order 1-56 Zero Tolerance for Human Trafficking in City Service Contracts and Purchasing

The City of Houston has a zero tolerance for human trafficking and, per Executive Order 1-56, City funds shall not be used to promote human trafficking. City vendors are expected to comply with this Executive Order and notify the City’s Chief Procurement Officer of any information regarding possible violation by the vendor or its subcontractors providing services or goods to the City. The

Executive Order is available on the City’s website: http://www.houstontx.gov/execorders/1-56.pdf G. Preservation of Contracting Information

The requirements of Subchapter J, Chapter 552, Texas Government Code, may apply to this solicitation 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.

PART VI – INSTRUCTIONS TO RESPONDENTS A. Pre-Submission Conference

Pre-Submission Conference shall be held at the date, time, and location as indicated on the first page of the RFQ document. Interested Respondent(s) should plan to attend. It will be assumed that potential Respondent(s) attending this meeting have reviewed the RFQ in detail and are prepared to bring up any substantive questions not already addressed by the City.

B. Additional Information and Specification Changes

Requests for additional information and questions shall be addressed to the Finance Department, Strategic Procurement Division, Senior Procurement Specialist, Valerie Player-Kaufman, via telephone: (832) 393-8749, or e-mail: [email protected] no later than 2:00 P.M., CST March 20, 2020. The City of Houston shall provide written responses to all questions received in writing before the submittal deadline. Questions received from all Respondent(s) shall be answered and sent to all Respondent(s) who are listed as having obtained the RFQ. Respondent(s) shall be notified in writing of any changes in the specifications contained in this RFQ.

C. Letter(s) of Clarification

1. All Letters of Clarification and interpretations to this Solicitation shall be in writing. Any Letter of Clarification(s) or interpretation that is not in writing shall not legally bind the City of Houston. Only information supplied by the City of Houston in writing or in this RFQ should be used in preparing Submission responses.

2. The City does not assume responsibility for the receipt of any Letters of Clarification sent to Respondent(s).

D. Examination of Documents and Requirements

1. Each Respondent shall carefully examine all RFQ documents and thoroughly familiarize themselves with all requirements prior to submitting a Submission to ensure that the Submission meets the intent of this RFQ.

https://www.houstontx.gov/execorders/1-56.pdf

mailto:[email protected]

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2. Before submitting a Submission, each Respondent shall be responsible for making all

investigations and examinations that are necessary to ascertain conditions and affecting the requirements of this RFQ. Failure to make such investigations and examinations shall not relieve the Respondent from obligation to comply, in every detail, with all provisions and requirements of the RFQ.

E. Exceptions to Terms and Conditions

All exceptions to the Sample Agreement shall be submitted in a clearly identified separate section of the Proposal in which the Respondent clearly cites the specific paragraphs within the Sample Agreement where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting contract unless such exception is specifically approved by the Chief Procurement Officer or designee, City Attorney, Director(s) or designee in a written statement. The Respondent’s preprinted or standard terms will not be considered by the City as a part of any resulting contract.

All exceptions that are contained in the Sample Agreement may negatively affect the City’s evaluation based on the evaluation criteria as stated in the RFP.

F. Post-Submission Discussions with Respondent(s) It is the City’s intent to commence final negotiation with the Respondent(s) deemed most

advantageous to the City. The City reserves the right to conduct post-Submission discussions with any Respondent(s).

PART VII – REQUIRED FORMS TO BE SUBMITTED WITH SUBMISSION

A. Offer and Submittal, List of References, and List of Proposed Subcontractors (Exhibit I)

B. Fair Campaign Ordinance and Form “A” Fair Campaign (Exhibit II)

C. Contractor Ownership Disclosure Ordinance and Affidavit of Ownership or Control (Exhibit III)

D. Anti-Collusion Statement (Exhibit IV)

E. Bidder’s Statement of Residency (Exhibit V)

F. Conflict of Interest Questionnaire (Exhibit VI) PART VII – REQUIRED FORMS TO BE SUBMITTED BY RECOMMENDED VENDOR ONLY Required forms shall be supplied to the Contractor after the award recommendation:

A. Insurance Requirements and Sample Insurance Certificate (Exhibit VII) B. Drug Compliance Agreement Attachment “A,” Drug Policy Compliance Declaration

Attachment “B,” and Contractor’s Certification of No Safety Impact Positions Attachment “C” and “D” (Exhibit VIII)

C. City Contractors’ Pay or Play Acknowledgement Form (POP-1)

http://www.houstontx.gov/obo/payorplay/pop1.pdf and Pay or Play Certificate of Compliance (POP-2) http://www.houstontx.gov/obo/payorplay/pop2.pdf (Exhibit IX)

https://www.houstontx.gov/obo/payorplay/pop1.pdf

https://www.houstontx.gov/obo/payorplay/pop2.pdf

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D. To be eligible for the preference, a company must be designated as a City Business (CB) or Local Business (LB) under the Hire Houston First Program prior to submittal of proposal. Respondents must provide Declaration of Hire Houston First Designation form.

E. Requested information outlined in the scope of work and other additional relevant/supporting information, or alternate Proposal.

F. Texas Ethics Commission, Certificate of Interested Parties (Form 1295). Download a copy at https://www.ethics.state.tx.us/tec/1295-Info.htm

https://www.ethics.state.tx.us/tec/1295-Info.htm

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EXHIBIT I

OFFER AND SUBMITTAL, REFERENCES, PROPOSED SUBCONTRACTORS

PAGE INTENTIONALLY LEFT BLANK

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EXHIBIT I-A OFFER AND SUBMITTAL

NOTE: SUBMISSION MUST BE SIGNED AND NOTARIZED BY AN AUTHORIZED REPRESENTATIVE(S) OF THE RESPONDENT, WHICH MUST BE THE ACTUAL LEGAL CONTRACTORTHAT WILL PERFORM THE CONTRACT IF AWARDED AND THE TOTAL FIXED PRICE CONTAINED THEREIN SHALL REMAIN FIRM FOR A PERIOD OF ONE-HUNDRED EIGHTY (180) DAYS. "THE RESPONDENT WARRANTS THAT NO PERSON OR SELLING AGENCY HAS BEEN EMPLOYED OR RETAINED TO SOLICIT OR SECURE THIS CONTRACT UPON AN AGREEMENT OR UNDERSTANDING FOR A COMMISSION, PERCENTAGE, BROKERAGE, OR CONTINGENT FEE, EXCEPTING BONA FIDE EMPLOYEES. FOR BREACH OR VIOLATION OF THIS WARRANTY, THE CITY SHALL HAVE THE RIGHT TO ANNUL THIS AGREEMENT WITHOUT LIABILITY OR, AT ITS DISCRETION, TO DEDUCT FROM THE CONTRACT PRICES OR CONSIDERATION, OR OTHERWISE RECOVER THE FULL AMOUNT OF SUCH COMMISSION, PERCENTAGE, BROKERAGE OR CONTINGENT FEE." Respectfully Submitted:

_______________________________________________________________________________________

(Print or Type Name of Contractor – Full Company Name)

City of Houston Vendor No. (If already doing business with City): __________________________________________ Federal Identification Number: _____________________________________________________________________ By: ____________________________________________________________________________________

(Signature of Authorized Officer or Agent)

Printed Name: ___________________________________________________________________________

Title: ___________________________________________________________________________

Date: ___________________________________________________________________________

Address of Contractor: _____________________________________________________________________

Street Address or P.O. Box

_____________________________________________________________________

City – State – Zip Code

Telephone No. of Contractor: (_____) __________________________________________________________

Signature, Name and title of Affiant: ____________________________________________________________

_______________________________________________________________________________________

(Notary Public in and for)

____________________________________________________________________________ County, Texas

My Commission Expires: ______________ day of _____________________________________ 20_________

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EXHIBIT I-B REFERENCES

LIST OF PREVIOUS CUSTOMERS

1. Name: ___________________________________ Phone No.: _________________

Address: __________________________________________________________________

Contract Award Date: ________________ Contract Completion Date: _______________

Contract Name/Title: ________________________________________________________

Email: ________________________________________________________

Project Description: _________________________________________________________

__________________________________________________________________________

2. Name: ___________________________________ Phone No.: _________________

Address: __________________________________________________________________



Email: ________________________________________________________


__________________________________________________________________________

3. Name: ___________________________________ Phone No.: _________________

Address: __________________________________________________________________



Email: ________________________________________________________


__________________________________________________________________________

4. Name: ___________________________________ Phone No.: _________________

Address: __________________________________________________________________



Email: ________________________________________________________


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EXHIBIT I-C LIST OF SUBCONTRACTOR(S)

The following is a list of Subcontractors we propose to engage on the following items of Work. Any item of Work which does not designate a Subcontractor will be done by the firm submitting the Submission.

SEGREGATED PART OF WORK SUBCONTRACTOR/SUPPLIER ________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

________________________________ __________________________________

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DECLARATION OF HIRE HOUSTON FIRST DESIGNATION DIRECTIONS: Execute the declaration below regarding your company’s status as a Hire Houston First (HHF) designated company. Fill out the appropriate box below and leave the other blank. If your company does not have a HHF designation and would like to apply for designation go to: www.houstontx.gov/obo/hirehoustonfirst.html at least 10 working days prior to submitting a bid or proposal.

1. This certifies that Bidder/Proposer, , is a Hire Houston First designated City Business (CB). A valid certificate of designation is attached.

____ __ _/__________ Print Name Signature Date

2. This certifies that Bidder/Proposer, , is a Hire Houston First designated Local Business (LB). A valid certificate of designation is attached.

____ __ _/________ Print Name Signature Date

https://www.houstontx.gov/obo/hirehoustonfirst.html

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EXHIBIT II

FAIR CAMPAIGN ORDINANCE The City of Houston Fair Campaign Ordinance makes it unlawful for a Contractor to offer any contribution to a candidate for City elective office (including elected officers and officers-elect). All respondents to this invitation to bid must comply with Houston Code of Ordinances Chapter 18 as amended relating to the contribution and solicitation of funds for election campaigns. Provisions of this ordinance are provided in part in the paragraphs that follow. Complete copies may be obtained from the office of the City Secretary. Candidates for city office may neither solicit nor receive contributions except during a period commencing 270 calendar days prior to an election date for which a person is a candidate for such office and ending 90 calendar days after the election date, including run-off elections if such candidate is on the ballot. Further, it shall be unlawful either for any person who submits a Bid or Proposal to contribute or offer any contribution to a candidate or for any candidate to solicit or accept any contribution from such person for a period commencing at the time of posting of the City Council Meeting Agenda including an item for the award of the Contract and ending upon the 30th day after the award of the Contract by City Council. For the purposes of this Ordinance, a Contract is defined as each Contract having a value in excess of $30,000 that is let by the City for professional services, personal services, or other goods or services of any other nature whether the Contract is awarded on a negotiated basis, request for Proposal basis, competitive Proposal basis or formal sealed competitive Bids. The term Contractor includes proprietors of proprietorships, partners having an equity interest of 10% of more of partnerships, (including limited liability partnerships and companies), all officers and directors of corporations (including limited liability corporations), and all holders of 10% or more of the outstanding shares of corporations. A STATEMENT DISCLOSING THE NAMES AND BUSINESS ADDRESSES EACH OF THOSE PERSONS WILL BE REQUIRED TO BE SUBMITTED WITH EACH BID OR PROPOSAL FOR A CITY CONTRACT. Completion of the attached form entitled "Contractor Submission List" will satisfy this requirement. Failure to provide this information may be just cause for rejection of your Bid or Proposal.

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EXHIBIT II

FORM “A”: FAIR CAMPAIGN

CONTRACTOR SUBMISSION LIST

CITY OF HOUSTON FAIR CAMPAIGN ORDINANCE

By submitting a bid or proposal to the City of Houston for a Contract in excess of $50,000 or for which a request is presented to City Council for approval, all respondents agree to comply with Chapter 18

of the Code of Ordinances. Pursuant to Section 18-36 of the Code of Ordinances, it is unlawful either for any contractor to contribute or offer any contribution to a candidate, or for any candidate to solicit or accept any contribution from a contractor for a period commencing at the time of posting of the City Council Meeting Agenda including an item for the award of the Contract and ending upon the 30th day after the award of the Contract by City Council, or a determination by City Council of the Mayor that the contract will not be awarded to a contractor. The term “contractor” means any person who has received the award of a contract, has submitted a bid or proposal in any form for the award of a contract, or has been proposed to be awarded the contract in an item placed upon the City Council agenda, including any other person who seeks the award of the contract and is contesting, appealing, or protesting the award of the contract as proposed.

This list is submitted under the provisions of Section 18-36(b) of the City of Houston Code of

Ordinances in connection with the attached Bid/Proposal of:

Firm or Company Name:

Firm or Company Address:

The firm/company is organized as indicated below. Check one as applicable and attach additional pages if needed to supply the required names and addresses.

[ ] SOLE PROPRIETOR

Name

Proprietor Address

[ ] A PARTNERSHIP

LIST EACH PARTNER HAVING EQUITY INTEREST OF 10% OR MORE OF PARTNERSHIP

(IF NONE STATE “NONE”)

Name Partner Address

Name

Partner Address

[ ] A LIMITED LIABILITY COMPANY

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LIST EACH MEMBER OR MANAGER (IF NO MEMBERS) HAVING EQUITY INTEREST OF 10% OR MORE IN THE LIMITED LIABILITY COMPANY (IF NONE, STATE “NONE”)

Name

Member/Manager Address

Name


Name


[ ] A CORPORATION

LIST ALL DIRECTORS OF THE CORPORATION (IF NONE STATE “NONE”)

Name Director Address

Name

Director Address

Name

Director Address

LIST ALL OFFICERS OF THE CORPORATION (IF NONE STATE “NONE”)

Name

Officer Address

Name

Officer Address

Name

Officer Address

LIST ALL INDIVIDUALS OWNING 10% OR MORE OF OUTSTANDING SHARES OF STOCK

OF THE CORPORATION (IF NONE STATE “NONE”)

Name Owner Address

Name

Owner Address

Name

Owner Address

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I certify that I am duly authorized to submit this list on behalf of the firm, that I am associated with the firm in the capacity noted below, and that I have knowledge of the accuracy of the information

provided herein.

Signature

Printed Name

Title

Note: This list constitutes a government record as defined by § 37.01 of the Texas Penal Code. 12/15/2016

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EXHIBIT III:

CONTRACTOR OWNERSHIP DISCLOSURE ORDINANCE

City Council requires knowledge of the identities of the owners of entities seeking to Contract with the City in order to review their indebtedness to the City prior to entering Contracts. Therefore, all respondents to this Invitation to Bid must comply with Houston Code of Ordinances Chapter 15, as amended (Sections 15-122 through 15-126) relating to the disclosure of owners of entities bidding on, proposing for or receiving City contracts. Provisions of this ordinance are provided in part in the paragraphs that follow. Complete copies may be obtained from the office of the City Secretary.

Contracting contractormeans a sole proprietorship, corporation, non-profit corporation, partnership, joint venture, limited liability company, or other contractorthat seeks to enter into a contract requiring approval by the Council but excluding governmental entities. A contracting contractormust submit at the time of its Bid or Proposal, an affidavit listing the full names and the business and residence addresses of all persons owning five percent or more of a contracting contractoror, where a contracting contractoris a non-profit corporation, the full names and the business and residence addresses of all officers of the non-profit corporation. Completion of the "Affidavit of Ownership or Control," included herein, and submitted with the Official Bid or Proposal Form will satisfy this requirement. Failure to provide this information may be just cause for rejection of your Bid or Proposal.

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EXHIBIT IV: AFFIDAVIT OF OWNERSHIP OR CONTROL

ORIG. DEPT.: [DEPARTMENT] FILE/I.D. NO.: [WBS NO.] INSTRUCTION: ENTITIES USING AN ASSUMED NAME SHOULD DISCLOSE THAT FACT TO AVOID REJECTION OF THIS AFFIDAVIT. THE

FOLLOWING FORMAT IS RECOMMENDED: CORPORATE/LEGAL NAME DBA ASSUMED NAME.

STATE OF §

§ AFFIDAVIT OF OWNERSHIP OR CONTROL

COUNTY OF §

BEFORE ME, the undersigned authority, on this day personally appeared

[FULL NAME] (the “Affiant”),

[STATE TITLE/CAPACITY WITH CONTRACTING ENTITY] of

[CONTRACTING ENTITY’S CORPORATE/LEGAL NAME] (”Contracting Entity”), who being by me duly

sworn on oath stated as follows:

1. Affiant is authorized to give this affidavit and has personal knowledge of the facts and matters herein stated.

2. Contracting Contractorseeks to do business with the City in connection with

[DESCRIBE PROJECT OR MATTER] which is expected to be in an amount that exceeds $50,000.

3. The following information is submitted in connection with the proposal, submission or bid of Contracting Contractorin connection with the above described project or matter.

4. Contracting Contractoris organized as a business contractoras noted below (check box as applicable).

FOR PROFIT ENTITY: NON-PROFIT ENTITY:

[ ] SOLE PROPRIETORSHIP [ ] NON-PROFIT CORPORATION [ ] CORPORATION [ ] UNINCORPORATED ASSOCIATION [ ] PARTNERSHIP [ ] LIMITED PARTNERSHIP [ ] JOINT VENTURE [ ] LIMITED LIABILITY COMPANY [ ] OTHER (Specify type in space below)

5. The information shown below is true and correct for the Contracting Entity; and 6. All owners of 10% or more of the Contracting Contractorand, where the Contracting Contractoris a non-profit

entity, the required information has been shown for each officer, i.e., president, vice-president, secretary, treasurer, etc. [NOTE: IN ALL CASES, USE FULL NAMES, LOCAL BUSINESS AND RESIDENCE ADDRESSES AND TELEPHONE NUMBERS. DO NOT USE

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POST OFFICE BOXES FOR ANY ADDRESS. INCLUSION OF E-MAIL ADDRESSES IS OPTIONAL, BUT RECOMMENDED. ATTACH ADDITIONAL

SHEETS AS NEEDED.]

Contracting Entity

Name: Business Address [NO./STREET]

[CITY/STATE/ZIP CODE]

Telephone Number (_____) Email Address [OPTIONAL] Residence Address [NO./STREET]


Telephone Number (_____) Email Address [OPTIONAL]

10% Owner(s) or More (IF NONE, STATE “NONE.”)

Name:

Business Address [NO./STREET]


Telephone Number (_____)

Email Address [OPTIONAL]

Residence Address [NO./STREET]


Telephone Number (_____)

Email Address [OPTIONAL]

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7. Optional Information

Contracting Contractorand/or [NAME OF OWNER OR NON-PROFIT

OFFICER] is actively protesting, challenging or appealing the accuracy and/or amount of taxes levied against [CONTRACTING ENTITY, OWNER OR NON-PROFIT OFFICER] as follows:

Name of Debtor: Tax Account Nos. Case or File Nos. Attorney/Agent Name Attorney/Agent Phone No. (_____) Tax Years

Status of Appeal [DESCRIBE]

Affiant certifies that he or she is duly authorized to submit the above information on behalf of the Contracting Entity, that Affiant is associated with the Contracting Contractorin the capacity noted above and has personal knowledge of the accuracy of the information provided herein, and that the information provided herein is true and correct to the best of Affiant’s knowledge and belief.

Affiant

SWORN TO AND SUBSCRIBED before me this day of , 20 . (Seal)

Notary Public

NOTE: This affidavit constitutes a government record as defined by Section 37.01 of the Texas Penal Code. Submission of a false government record is punishable as provided in Section 37.10 of the Texas Penal Code. Attach additional pages if needed to supply the required names and addresses.

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EXHIBIT V

ANTI-COLLUSION STATEMENT

Anti-Collusion Statement

The undersigned, as Respondent, certifies that the only person or parties interested in this Response as

principals are those named herein; that the Respondent has not, either directly or indirectly entered into any

Agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in

connection with the award of this Contract.

__________________________ __________________________________ Date Respondent Signature

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EXHIBIT VI

BIDDER’S STATEMENT OF RESIDENCY

The City may not award a contract for general construction, services, or purchases to a Nonresident Bidder unless Nonresident's Bid is lower than the lowest Bid submitted by a responsible Texas Resident Bidder by the same amount that a Texas Resident bidder would be required to underbid the Nonresident Bidder to obtain a comparable contract in the state in which Nonresident's principle place of business is located.

1. This certifies that the Bidder, , is a State of Texas

Resident Bidder as defined in TEX. GOVT. CODE ANN. § 2252.001(4) (Vernon 2016).

Signature Title

"Texas Resident Bidder" means a bidder whose principal place of business is in this State, and includes a Contractor whose ultimate parent company or majority owner has its principal place of business in this State. When bidder cannot sign 1, above, proceed to 2. 2. a. is a resident of and is a Nonresident Bidder as defined in TEX. GOVT. CODE ANN. § 2252.001(3) (Vernon 2016).

Signature Title

"Nonresident Bidder" means a bidder whose principal place of business is not in this State, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this State.

b. The State of [does/does not] have a state statute giving preference to resident bidders.

Signature Title If the answer to 2.b is that your state does have a statute giving preference to resident bidders, then you must provide a copy and proceed to 3. 3. A copy of the State of statute is attached.

Signature Title

Date

************************************************************************************ Note to Specifier - Do not include this form if the Project will receive federal funding in whole or in part. If used, include reference in Document 00210 - Supplementary Instructions to Bidders. States that currently penalize out-of-state bidders include, but may not be limited to, Colorado, Illinois, Iowa, Minnesota, Montana, North Dakota, Pennsylvania, and Wyoming. If Low Bidder is a resident of one of these states, consult the City of Houston Legal Department in adjusting the Bid Amount. ************************************************************************************

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EXHIBIT VII

CONFLICT OF INTEREST QUESTIONNAIRE

CONFLICT OF INTEREST QUESTIONNAIRE: Chapter 176.006 of the Local Government Code (“the code”) requires a Vendor/Contractor to file a Conflict of Interest Questionnaire (CIQ) with the City. NOTE: Vendors/Contractors or Agents should not complete the CIQ if a conflict, as described below, does not exist. Only Vendors/Contractors or Agents that actually have a conflict, as described below, must file a CIQ. Who must file a CIQ? A Vendor/Contractor or Agent of a Vendor/Contractor does not have to file a CIQ unless they intend to enter or is considering entering into a contract with the City or:

1. has an employment or other business relationship with the Local Government Officer/Family Member; or

2. has given the Local Government Officer/Family Member one or more gifts with the aggregate value exceeding $250.00.

When must the Vendor/Contractor or Agent file a CIQ? The completed CIQ must be filed with the City Chief Procurement Officer not later than the 7th business day after the date the Vendor/Contractor or Agent:

1. begins discussions or negotiations to enter into a contract with the City; 2. submits an application to the City in response to a request for Request for Qualifications,

correspondence, or any other writing related to a potential contract with the City; 3. becomes aware of an employment or other business relations with the Local Government

Officer/Family Member; 4. becomes aware that he/she has given one or more gifts to the Local Government Officer/Family

Member that exceeds $250.00; or 5. an event that would make the CIQ incomplete or inaccurate.

What is a business relationship? Under Chapter 176, business relationship means a connection between two or more parties based on the commercial activity of one of the parties. The term does not include:

1. a transaction that is subject to a rate or fee regulation by a governmental entity; 2. a transaction conducted at a price and subject to terms available to the public; or 3. a purchase or lease of goods or services from a person who is chartered by a state or federal agency

and is subject to regular examination and reporting to that agency. The Conflict of Interest Questionnaire is available for downloading from the Texas Ethics Commission’s website at http://www.ethics.state.tx.us/forms/CIQ.pdf . The Original Conflict of Interest Questionnaire shall be filed with the Administration and Regulatory Affairs Department’s Record Administration (City Chief Procurement Officer, 901 Bagby, Concourse Level, Houston, Texas 77002). Vendors and Contractors required to file shall include a copy of the form as part of the Request for Qualifications package. Any questions about filling out this form should be directed to your attorney.

http://www.ethics.state.tx.us/forms/CIQ.pdf

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EXHIBIT VII

CONFLICT OF INTEREST QUESTIONNAIRE

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APPENDIX 1 (SAMPLE CONTRACT)

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