OpTerra Energy Services, Inc.
THE INTERLOCAL PURCHASING SYSTEM (TIPS)
RFQ 170103 Energy Savings Performance Contracts
The Vendor Agreement (“Agreement”) made and entered into by and between The Interlocal Purchasing System (hereinafter referred to as “TIPS” respectfully) a government cooperative purchasing program authorized by the Region 8 Education Service Center, having its principal place of business at 0000 XX Xxx 000 Xxxxx, Xxxxxxxxx, Xxxxx 00000. This Agreement consists of the provisions set forth below, including provisions of all Attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any Attachment, the provisions set forth shall control.
The vendor Agreement shall include and incorporate by reference this Agreement, the terms and conditions, special terms and conditions, any agreed upon amendments, as well as all of the sections of the solicitation as posted, including any addenda and the awarded vendor’s proposal. Once signed, if an awarded vendor’s proposal varies or is unclear in any way from the TIPS Agreement, TIPS, at its sole discretion, will decide which provision will prevail. Other documents to be included are the awarded vendor’s proposals, task orders, purchase orders and any adjustments which have been issued. If deviations are submitted to TISP by the proposing vendor as provided by and within the solicitation process, this Agreement may be amended to incorporate any agreed deviations.
The following pages will constitute the Agreement between the successful vendors(s) and TIPS. Bidders shall state, in a separate writing, and include with their proposal response, any required exceptions or deviations from these terms, conditions, and specifications. If agreed to by TIPS, they will be incorporated into the final Agreement.
PURCHASE ORDER is the TIPS member’s approval providing the authority to proceed with the negotiated delivery order under the Agreement. Special terms and conditions as agreed to between the vendor and TIPS member will be added as addendums to the PO. Items such as certificate of insurance, bonding requirements, small or disadvantaged business goals are some of the addendums possible.
Terms and Conditions
All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing.
All supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreed to in writing. Vendor shall be an authorized dealer, distributor or manufacturer for all products. All equipment proposed shall be new unless clearly stated in writing.
The Vendor shall provide timely and accurate customer support to TIPS members. Vendors shall respond to such requests within one (1) working day after receipt of the request. Vendor shall provide training regarding products and services supplied by the Vendor unless otherwise clearly stated in writing at the time of purchase. (Unless training is a line item sold or packaged and must be purchased with product.)
All Agreements and agreements between Vendors and TIPS Members shall strictly adhere to the statutes that are set forth in the Uniform Commercial Code as most recently revised.
Agreements for purchase will normally be put into effect by means of a purchase order(s) executed by authorized agents of the participating government entities.
Xxxxx Xxxxx Act requirements will be met when Federal Funds are used for construction and/or repair of buildings.
Tax exempt status
A taxable item sold, leased, rented to, stored, used, or consumed by any of the following governmental entities is exempted from the taxes imposed by this chapter:(1) the United States; (2) an unincorporated instrumentality of the United States; (3) a corporation that is an agency or instrumentality of the United States and is wholly owned by the United States or by another corporation wholly owned by the United States;(4) the State of Texas; (5) a Texas county, city, special district, or other political subdivision; or (6) a state, or a governmental unit of a state that borders Texas, but only to the extent that the other state or governmental unit exempts or does not impose a tax on similar sales of items to this state or a political subdivision of this state. Texas Tax Code § 151.309.
Assignments of Agreements
No assignment of Agreement may be made without the prior written approval of TIPS. Payment can only be made to the awarded Vendor or vendor assigned dealer.
1. Vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this Agreement.
2. Vendor shall attach, in writing, a complete description of any and all relationships that might be considered a conflict of interest in doing business with participants in the TIPS program.
3. The vendor affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this Agreement.
Renewal of Agreements
The Agreement with TIPS is for one (1) year with an option for renewal for additional consecutive years as provided in the solicitation. Total term of Agreement can be up to the number of years provided in the solicitation, if sales are reported through the Agreement and both parties agree.
Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with TIPS Members Resulting from the Solicitation and with the Vendor Named in this Agreement.
No Agreement for goods or services with a TIPS member by the awarded vendor named in this Agreement that results from the solicitation award named in this Agreement, may incorporate an automatic renewal clause with which the TIPS member must comply. All renewal terms incorporated in an Agreement by the vendor with the TIPS member shall only be valid and enforceable when the vendor receives written confirmation by purchase order or executed Agreement issued by the TIPS member for any renewal period. The purpose of this clause is to avoid a TIPS member inadvertently renewing an Agreement during a period in which the governing body of the TIPS member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. This term is not negotiable and any Agreement between a TIPS member and a TIPS awarded vendor with an automatic renewal clause that conflicts with these terms is rendered void and unenforceable.
The Vendor shall ship ordered products within a commercially reasonable time after the receipt of the order. If a product cannot be shipped within that time, the Vendor shall notify TIPS and the requesting entity as to why the product has not shipped and shall provide an estimated shipping date, if applicable. TIPS or the requesting entity may cancel the order if estimated shipping time is not acceptable.
The Vendor or vendor assigned dealer shall submit invoices, to the TIPS participant. Each invoice shall include the TIPS participant’s purchase order number. The shipment tracking number or pertinent information for verification of TIPS participant receipt shall be made available upon request. The Vendor or vendor assigned dealer shall not invoice for partial shipments unless agreed to in writing in advance by TIPS and the TIPS participant.
The TIPS participant will make payments directly to the Vendor or vendor assigned dealer at net 30 days after receiving invoice.
The Vendor Agreements to provide pricing to TIPS and its participating governmental entities that is the lowest pricing available to like cooperative purchasing customers and the pricing shall remain so throughout the duration of the Agreement.
The Vendor agrees to promptly lower the cost of any product purchased through TIPS following a reduction in the manufacturer or publisher's direct cost to the Vendor. Price increases will be honored. However, the Vendor shall honor previous prices for thirty (30) days after written notification to TIPS of an increase.
All pricing submitted to TIPS shall include the participation fee, as provided in the solicitation, to be remitted to TIPS by the Vendor. Vendor will not show adding the fee to the invoice presented to customer. Failure to render the participation fee to TIPS shall constitute a breach of this agreement and shall be grounds for termination of this agreement and any other agreement held with TIPS.
Vendor or vendor assigned dealer Agreements to pay the participation fee for all Agreement sales to TIPS on a monthly scheduled report. Vendor must login to the TIPS database and use the “Submission Report” section to report sales. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement. Failure to pay the participation fee will result in termination of Agreement. Please contact TIPS at tips@tips- xxx.xxx or call (000) 000-0000 if you have questions about paying fees.
1. Indemnity for Personality Agreements. Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS member(s), officers and employees, from and against all claims and suits for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and attorney’s fees, arising out of, or resulting from, Vendor’s performance of this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, invitees, whether or not such claims are based in
whole or in part upon the negligent acts or omissions of the TIPS, TIPS member(s), officers, employees, or agents.
2. Indemnity for Performance Agreements. The Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS member(s), officers and employees from and against all claims and suits for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and attorney’s fees, arising out of, or resulting from, Vendor’s work under this Agreement, including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, or invitees. Vendor further agrees to indemnify and hold harmless and defend TIPS, TIPS member(s), officers and employees, from and against all claims and suits for injuries (including death) to an officer, employee, agent, subcontractors, supplier or equipment lessee of the Vendor, arising out of, or resulting from, Vendor’s work under this Agreement whether or not such claims are based in whole or in part upon the negligent acts or omissions of the TIPS, TIPS member(s), officers, employees, or agents.
Attorney’s Fees--Texas Local Government Code § 271.159 is expressly referenced.
Pursuant to §271.159, TEXAS LOC. GOV’T CODE, in the event that any one of the Parties is required to obtain the services of an attorney to enforce this Agreement, the prevailing party, in addition to other remedies available, shall be entitled to recover reasonable attorney’s fees and costs of court.
Multiple Vendor Awards
TIPS reserves the right to award multiple vendor Agreements for categories when deemed in the best interest of the TIPS membership. Bidders scoring 80% or above will be considered for an award. Categories are established at the discretion of TIPS.
State of Texas Franchise Tax
By signature hereon, the bidder hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.
The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS participants will submit any orders at any time. TIPS reserves the right to request additional proposals for items already on Agreement at any time.
Purchase Order Pricing/Product Deviation
If a deviation of pricing/product on a purchase order occurs, TIPS is to be notified within 24 hours of receipt of order.
Cancellation for non-performance or Agreement deficiency
TIPS may terminate any Agreement if TIPS Members have not used the Agreement, or if purchase volume is determined to be “low volume” in any 12-month period. TIPS reserves the right to cancel the whole or any part of this Agreement due to failure by awarded vendor to carry out any obligation, term or condition of the Agreement. TIPS may issue a written deficiency notice to awarded vendor for acting or failing to act in any of the following:
• Providing material that does not meet the specifications of the Agreement;
• Providing work and/or material that was not awarded under the Agreement;
• Failing to adequately perform the services set forth in the scope of work and specifications;
• Failing to complete required work or furnish required materials within a reasonable amount of time;
• Failing to make progress in performance of the Agreement and/or giving TIPS reason to believe that awarded vendor will not or cannot perform the requirements of the Agreement; and/or
• Performing work or providing services under the Agreement prior to receiving a TIPS reviewed purchase order for such work.
Upon receipt of the written deficiency, awarded vendor shall have ten (10) days to provide a satisfactory response to TIPS. Failure to adequately address all issues of concern may result in Agreement cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by awarded vendor under this Agreement shall become the property of the TIPS Member on demand.
TIPS Member Purchasing Procedures
Purchase orders are issued by participating TIPS member to the awarded vendor indicating on the PO “Agreement Number”. Purchase Order is emailed to TIPS at firstname.lastname@example.org.
• Awarded vendor delivers goods/services directly to the participating member.
• Awarded vendor invoices the participating TIPS member directly.
• Awarded vendor receives payment directly from the participating member.
• Awarded vendor reports sales monthly to TIPS (unless prior arrangements have been made with TIPS to report monthly).
Form of Agreement
If a vendor submitting an offer requires TIPS and/or TIPS Member to sign an additional agreement, a copy of the proposed agreement must be included with the proposal.
In response to submitted supplemental Vendor Agreement documents, TIPS will review proposed vendor Agreement documents. Vendor’s Agreement document shall not become part of TIPS’s Agreement with vendor unless and until an authorized representative of TIPS reviews and approves it.
Awarded vendor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by awarded vendor. Awarded vendor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Agreement. TIPS reserves the right to stop work and/or cancel Agreement of any awarded vendor whose license(s) expire, lapse, are suspended or terminated.
If awarded vendor sells or transfers all assets or the entire portion of the assets used to perform this Agreement, a successor in interest must guarantee to perform all obligations under this Agreement. TIPS reserves the right to accept or reject any new party. A simple change of name agreement will not change the Agreement obligations of awarded vendor.
Site Requirements (when applicable to service or job)
Cleanup: Awarded vendor shall clean up and remove all debris and rubbish resulting from their work as required or directed by TIPS Member. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition.
Preparation: Awarded vendor shall not begin a project for which TIPS Member has not prepared the site, unless awarded vendor does the preparation work at no cost, or until TIPS Member includes the cost of site preparation in a purchase order.
Site preparation includes, but is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements.
Registered sex offender restrictions: For work to be performed at schools, awarded vendor agrees that no employee of a sub-contractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or reasonably expected to be present. Awarded vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the TIPS Member’s discretion.
Awarded vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.
Safety measures: Awarded vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.
Persons working under Agreement shall adhere to local smoking policies. Smoking will only be permitted in posted areas or off premises.
The awarded vendor shall submit invoices to the participating entity clearly stating “Per TIPS Agreement”. The shipment tracking number or pertinent information for verification shall be made available upon request.
Awarded vendor agrees to allow TIPS to use their name and logo within website, marketing materials and advertisement. Any use of TIPS name and logo or any form of publicity, inclusive of press release, regarding this Agreement by awarded vendor must have prior approval from TIPS.
The entity participating in the TIPS Agreement and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this Agreement i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this Agreement is exclusively between the participating entity and awarded vendor. TIPS, its agents, TIPS members and employees shall not be made party to any claim for breach of such agreement.
All applicable software license agreements, warranties or service agreements that were entered into between Vendor and Customer under the terms and conditions of the Agreement shall survive the expiration or termination of the Agreement. All Purchase Orders issued and accepted by Order Fulfiller shall survive expiration or termination of the Agreement.
It is the responding vendor’s responsibility to be aware of and comply with all local, state and federal laws governing the sale of products/services identified in this RFP and any awarded Agreement thereof. Applicable laws and regulations must be followed even if not specifically identified herein.
Awarded Vendor shall, at their sole expense, maintain appropriate due diligence of all purchases made by TIPS Member that utilizes this Agreement. TIPS and Region 8 ESC each reserve the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. TIPS shall have authority to conduct random audits of Awarded Vendor’s pricing that is offered to TIPS Members. Notwithstanding the foregoing, in the event that TIPS is made aware of any pricing being offered to eligible entities that is materially inconsistent with the pricing under this agreement, TIPS shall have the ability to conduct the audit internally or may engage a third-party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 8 ESC or TIPS.
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and fully particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.
When applicable, performance bonds and payment bonds will be required on construction or labor required jobs. Awarded vendor will meet the TIPS member’s local and state purchasing requirements. Awarded vendors may need to provide additional capacity as jobs increase.
Bonds will not require that a fee be paid to TIPS. The actual cost of the bond will be a pass through to the TIPS member and added to the purchase order or Agreement.
Scope of Services
The specific scope of work for each job shall be determined in advance and in writing between TIPS Member and Awarded vendor. It is okay if the TIPS member provides a general scope, but the awarded vendor should provide a written scope of work to the TIPS member as part of the proposal. Once the scope of the job is agreed to, the TIPS member will issue a PO and/or a Agreement with the estimate referenced as an attachment along with bond and any other special provisions agreed to for the TIPS member. If special terms and conditions other than those covered within this solicitation and awarded Agreements are required, they will be attached to the PO and shall take precedence over those in the base Agreement.
Project Delivery Order Procedures
The TIPS member having approved and signed an interlocal agreement, or other TIPS membership document, may make a request of the awarded vendor under this Agreement when the TIPS member has services that need to be undertaken. Notification may occur via phone, the web, email, fax, or in person.
Upon notification of a pending request, the awarded vendor shall make contact with the TIPS member as soon as possible, but must make contact with the TIPS member within two working days.
Scheduling of Projects
Scheduling of projects (if applicable) will be accomplished when the TIPS member issues a purchase order that will serve as “the notice to proceed”. The period for the delivery order will include the mobilization, materials purchase, installation and delivery, design, weather, and site cleanup and inspection. No additional claims may be made for delays as a result of these items. When the tasks have been completed the awarded vendor shall notify the client and have the TIPS member inspect the work for acceptance under the scope and terms in the PO. The TIPS
member will issue in writing any corrective actions that are required. Upon completion of these items, the TIPS member will issue a completion notice and final payment will be issued.
If there is a dispute between the awarded vendor and TIPS member, TIPS or its representatives will assist in conflict resolution or third party (mandatory mediation), if requested by either party. TIPS, or its representatives, reserves the right to inspect any project and audit the awarded vendors TIPS project files, documentation and correspondence.
Incorporation of Solicitation
The TIPS Request for Proposals or the Request for Competitive Sealed Proposals solicitation and all associated documents and forms made part of the solicitation process, including any addenda, that resulted in the execution of this agreement are hereby incorporated by reference into this agreement as if copied verbatim.
Special Terms and Conditions
It is the intent of TIPS to Agreement with a reliable, high performance vendor to supply products and services to government and educational agencies. It is the experience of TIPS that the following procedures provide TIPS, the Vendor, and the participating agency the necessary support to facilitate a mutually beneficial relationship. The specific procedures will be negotiated with the successful vendor.
• Agreements: All vendor purchase orders and/or Agreements/agreements must be emailed to TIPS at email@example.com. Should an agency send an order direct to vendor, it is the vendor’s responsibility to forward the order to TIPS at the email above within 24 business hours and confirm its receipt with TIPS.
• Promotion of Agreement: It is agreed that Vendor will encourage all eligible entities to purchase from the TIPS Program. Encouraging entities to purchase directly from the Vendor and not through TIPS Agreement is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS Program.
• Daily Order Confirmation: All Agreement purchase orders will be approved daily by TIPS and sent to vendor. The vendor must confirm receipt of orders to the TIPS member (customer) within 24 business hours.
• Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, then updated pricing must be posted by 1st of each month.
• Back Ordered Products: If product is not expected to ship within 3 business days, customer is to be notified within 24 hours and appropriate action taken based on customer request.
Term of Agreement is one year with renewal options for up to four additional years as provided in the solicitation.
Exhibit "A" is incorporated by attachment below into this agreement (3 additional pages total)
Exhibit "A" to Vendor Agreement
(3 pages total)
SUPPLEMENT TO VENDOR AGREEMENT
Between OPTERRA ENERGY SERVICES, INC. (OpTerra ES or Vendor), and the INTERLOCAL PURCHASING SYSTEM (TIPS or Customer) (each, a Party and, together, the Parties).
The Agreement between the Parties is hereby supplemented and amended as set forth below. In the event of a conflict between the provisions of this Supplement and those contained in the terms and conditions of the Agreement, the provisions set forth below shall control.
OpTerra ES will maintain, or cause to be maintained, for the duration of this Agreement, the insurance coverage outlined in (a) through (f) below, and all such other insurance as required by Applicable Law. Evidence of coverage will be provided to Customer via an insurance certificate.
(i) Workers’ Compensation/Employers Liability for states in which OpTerra ES is not a qualified self-insured. Limits as follows:
* Workers’ Compensation: Statutory
* Employers Liability: Bodily Injury by accident $1,000,000 each accident
Bodily Injury by disease $1,000,000 each employee Bodily Injury by disease $1,000,000 policy limit
(ii) Commercial General Liability insurance with limits of:
* $2,000,000 each occurrence for Bodily Injury and Property Damage
* $4,000,000 General Aggregate - other than Products/Completed Operations
* $4,000,000 Products/Completed Operations Aggregate
* $2,000,000 Personal and Advertising Injury
* $ 100,000 Damage to premises rented to OpTerra ES
Coverage to be written on an occurrence form. Coverage to be at least as broad as ISO form CG 0001 (04/13) or its equivalent forms, without endorsements that limit the policy terms with respect to: (1) provisions for severability of interest or (2) explosion, collapse, underground hazard.
(iii) Auto Liability insurance for owned, hired and non-owned vehicles with limits of $1,000,000 per accident.
Coverage to be written on an occurrence form.
(iv) Professional Liability insurance with limits of:
* $1,000,000 per occurrence
* $1,000,000 aggregate Coverage to be written on a claims-made form.
(v) Umbrella/Excess Liability Insurance. Limits as follows:
* $1,000,000 each occurrence
* $1,000,000 aggregate
Coverage terms and limits to apply excess of the per occurrence and/or aggregate limits provided for Commercial General Liability and Professional Liability written on a claims made form. Coverage terms and limits also to apply in excess of those required for Employers Liability and Auto Liability written on an occurrence form.
(vi) Policy Endorsements.
* The insurance provided for Workers’ Compensation and Employers’ Liability above will contain waivers of subrogation rights against Customer, but only to the extent of the indemnity obligations contained in this Agreement.
* The insurance provided for Commercial General Liability and Auto Liability above will:
(a) include Customer as an additional insured with respect to work performed under this Agreement, but only to the extent of the indemnity obligations contained in this Agreement, and
(b) provide that the insurance is primary coverage with respect to all insureds, but only to the extent of the indemnity obligations contained in this Agreement.
Limitation of Liability
Under no circumstances will either Party be liable to the other Party for any special, indirect, incidental, consequential or punitive damages, lost profits or business interruption damages, however caused and on any theory of liability. "Consequential damages" includes, but is not limited to, operational losses in the performance of business including lost revenues and any increase in operating expense, and any lost profits. It is expressly understood and agreed to by both Parties that each Party's liability to the other shall be limited to reimbursement of only those losses arising solely from a Party's breach of this Agreement, negligence or willful misconduct.
OpTerra ES will promptly provide notice to Customer if OpTerra ES observes any Hazardous Substance, as defined herein, at or around the facilities during the course of construction or installation of any equipment which have not been addressed as part of the scope of work. OpTerra ES shall have no obligation to investigate the facilities for the presence of Hazardous Substances prior to commencement of the work unless otherwise specified in the scope of work. Customer shall be solely responsible for investigating Hazardous Substances and determining the appropriate removal and remediation measures with respect to the Hazardous Substances, at Customer’s sole cost and expense. OpTerra ES shall comply with all applicable laws in connection with the use, handling, and disposal of any Hazardous Substances in the performance of its work. “Hazardous Substances” means (i) any hazardous, toxic, or dangerous wastes, substances, chemicals, constituents, contaminants, pollutants, and materials and any other carcinogenic, liquids, corrosive, ignitable, radioactive, reactive, toxic, or otherwise hazardous substances or mixtures (whether solids, liquids, gases) now or at any time subject to regulation, control, remediation, or otherwise addressed under Applicable Laws; (ii) any “hazardous substance” as defined by the Resource, Conservation and Recovery Act of 1976 (42 X.X.X. §0000 et seq.), as amended, and regulations promulgated thereunder; (iii) any “hazardous, toxic or dangerous waste, substance or material” specifically defined as such in 42 U.S.C. §9601 et seq.), as amended and regulations promulgated thereunder; and (iv) any hazardous, toxic or dangerous waste, substance, or material as defined in any so-called “superfund” or “superlien” law.
[For rated customers: If, at any time, customer’s credit rating falls below investment grade as defined by Xxxxx’x Investors Services (or other nationally-recognized independent rating agency), customer agrees to provide OpTerra ES with current information regarding its creditworthiness upon the request of OpTerra ES. At its sole option, OpTerra ES may then require customer either to (i) provide security satisfactory to
OpTerra ES, and the Work may be withheld until such security is received, or (ii) deposit the Contract Amount into a third-party escrow account with an escrow agent and subject to an escrow agreement, in each case acceptable to OpTerra ES.]
[For non-rated customers: Customer shall periodically provide to OpTerra ES that financial information or security deemed necessary by OpTerra ES to support any credit extension. If during the life of this Agreement, the financial capacity of customer becomes impaired or unsatisfactory to OpTerra ES in the sole judgment of OpTerra ES, advance cash payment or security satisfactory to OpTerra ES shall be given by customer on demand by OpTerra ES and the Work may be withheld until such payment or security is received.]
Conflicts of Interest
Conflicts of interest relating to this Agreement are strictly prohibited. Except as otherwise expressly provided herein, no Party hereto nor any director, employee or agent of any Party shall give to or receive from any director, employee or agent of any other Party any gift, entertainment or other favor of significant value, or any commission, fee or rebate in connection with this Agreement. Likewise, no Party nor any director, employee or agent of any Party, shall without prior notification thereof to all Parties enter into any business relationship with any director, employee or agent of another Party or of any affiliate of another Party, unless such person is acting for and on behalf of the other Party or any such affiliate. A Party shall promptly notify the other Parties of any violation of this section and any consideration received as a result of such violation shall be paid over or credited to the Party against whom it was charged. Any representative of any Party, authorized by that Party, may audit the records of the other Parties related to this Agreement, including the expense records of the Party's employees involved in this Agreement, upon reasonable notice and during regular business hours, for the sole purpose of determining whether there has been compliance with this provision.
OpTerra ES warrants its workmanship provided hereunder, including its subcontractors’ workmanship, shall be free of material defects for a period of one (1) year from the date of Substantial Completion as indicated on the executed Certificate of Substantial Completion, or the date of Beneficial Use as indicated on the executed Certificate of Beneficial Use (“OpTerra ES Warranty”). All warranties hereunder, including without limitation those for defects, whether latent or patent, in design, engineering, or construction, shall terminate one (1) year from the date of Substantial Completion or Beneficial Use; and thereafter, OpTerra ES will have no liability for breach of any warranty or for any latent or patent defect of any kind. Equipment and material warranties that exceed the one (1) year warranty period shall be provided directly by the equipment and/or material manufacturers and such warranties shall be assigned directly to the Customer, after the one (1) year period. During the one (1) year OpTerra ES warranty period, OpTerra ES shall be the Customer’s agent in working with the equipment and material manufacturers in resolving any equipment or material warranty issues. Other than for lamps and ballasts, any material defects that are discovered within the one (1) year OpTerra ES warranty period, OpTerra ES, or OpTerra ES’ subcontractors, will correct its defects, and/or OpTerra ES will work with the equipment or material manufacturer as the Customer’s agent to facilitate the manufacturer’s correction of the equipment or material defect. For typical industry standard lamp and ballast failures during the one (1) year OpTerra ES warranty period, the Customer will replace such failed lamps/ballasts with replacement stock provided by OpTerra ES, provided, however, Customer shall return the failed lamps/ballasts to the manufacturer in order to ensure that sufficient quantities of replacement stock are available during the one year warranty period. Such warranty services shall be performed in a timely manner and at the reasonable convenience of the Customer. This warranty expressly excludes any remedy for damage or defect caused by improper use, improper or inadequate maintenance, operations of the installed equipment by users other than OpTerra ES or its subcontractors, corrosion, erosion, deterioration, abuse, modifications or repairs not performed by an authorized OpTerra ES subcontractor, improper operation, or normal wear and tear under normal usage. If a warranty issue arises on any equipment or material installed after the one (1) year OpTerra ES warranty period, and the equipment or material has a warranty period that exceeds one (1) year, the Customer shall contact the manufacturer directly to resolve such warranty issues and Customer acknowledges that the manufacturer shall have sole responsibility for such issues.
The Interlocal Purchasing System (TIPS Cooperative) Supplier Response
Bid Information Contact Information Ship to Information
Bid Creator Xxxx Xxxxxx Address Region VIII Education Address Email firstname.lastname@example.org Service Center
Phone (000) 000-0000 0000 XX Xxxxxxx 000
Xxx Xxxxx Xxxxxxx
Xxxxxxxxx, XX 00000
Bid Number 170103 Addendum 3 Contact Xxx Xxxxxxxx, TIPS Department Title Energy Savings Performance Office Manager Building
Bid Type RFQ Department Floor/Room
Issue Date 1/5/2017 01:36 PM (CT) Building Telephone
Close Date 2/24/2017 03:00:00 PM (CT) Fax Floor/Room Email
Telephone x0 (000) 000-0000
Fax x0 (000) 000-0000
Company OpTerra Energy Services (OpTerra Energy Services, Inc.) Address 00000 Xxxxxx Xxxxx
Xxxxxxxx Xxxx, XX 00000
Contact Xxxxx Xxxxxxxx Department
Telephone (000) 000-0000
Fax (000) 000-0000
Email email@example.com Submitted 2/24/2017 01:57:44 PM (CT) Total $0.00
By submitting your response, you certify that you are authorized to represent and bind your company. Signature Xxxx Xxxxx Email firstname.lastname@example.org
Please review the following and respond where necessary
Yes - No
Disadvantaged/Minority/Women Business Enterprise - D/M/WBE (Required by some participating governmental entities) Vendor certifies that their firm is a D/M/WBE?
Vendor must upload proof of certification to the ”Response Attachments” D/M/WBE CERTIFICATES section.
Yes - No
Highly Underutilized Business - HUB (Required by some participating governmental entities) Vendor certifies that their firm is a HUB? Vendor must upload proof of certification to the ”Response Attachments” HUB CERTIFICATES section.
Yes - No
The Vendor can provide services and/or products to all 50 US States?
If answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX)
Alabama, Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Islan, South Dakota, Tennessee, Texas, Utah, Wisconsin, Wyoming
Company and/or Product Description:
This information will appear on the TIPS website in the company profile section, if awarded a TIPS contract. (Limit 750 characters.)
Founded in the mid-70’s as an energy services firm, OpTerra has become a national energy company with a rich history of industry leadership and high performance. Over 40 years of energy experience has allowed us to evolve with our customers and become a leader in energy efficiency, renewables, and infrastructure renewal. Now, OpTerra is a subsidiary of ENGIE, the number one energy efficiency services provider in the world. As a key part of ENGIE’s reach in North America, OpTerra provides energy solutions and services to thousands of customers. We approach energy initiatives as partnerships, and pioneer innovative programs that save money, generate revenue, improve assets, protect the environment, and ensure our customers’ success.
Primary Contact Name
Primary Contact Name
Primary Contact Title
Primary Contact Title
Regional Sales Manager
Primary Contact Email
Primary Contact Email
Primary Contact Phone
Enter 10 digit phone number. (No dashes or extensions) Example: 8668398477
10 Primary Contact Fax Enter 10 digit phone number. (No dashes or extensions) 9136530013 Example: 0000000000
11 Primary Contact Mobile Enter 10 digit phone number. (No dashes or extensions) 9727579154 Example: 0000000000
12 Secondary Contact Name Secondary Contact Name Xxxx Xxxxxxx
13 Secondary Contact Title Secondary Contact Title VP Business Development
14 Secondary Contact Email Secondary Contact Email email@example.com
15 Secondary Contact Phone Enter 10 digit phone number. (No dashes or extensions) 9132257084
16 Secondary Contact Fax Enter 10 digit phone number. (No dashes or extensions) 9136530013 Example: 0000000000
17 Secondary Contact Mobile Enter 10 digit phone number. (No dashes or extensions) 8165226237
18 Admin Fee Contact Name Admin Fee Contact Name. This person is responsible for Xxxx Xxxxxxx
paying the admin fee to TIPS.
19 Admin Fee Contact Email Admin Fee Contact Email firstname.lastname@example.org
20 Admin Fee Contact Phone Enter 10 digit phone number. (No dashes or extensions) 913.225.7084
21 Purchase Order Contact Name Purchase Order Contact Name. This person is responsible Xxxxx Xxxxxxx
for receiving Purchase Orders from TIPS.
22 Purchase Order Contact Email Purchase Order Contact Email email@example.com
23 Purchase Order Contact Phone Enter 10 digit phone number. (No dashes or extensions) 972.757.9154
24 Company Website Company Website (Format - xxx.xxxxxxx.xxx) xxx.xxxxxxxxxxxxx.xxx
25 Federal ID Number: Federal ID Number also known as the Employer 00-0000000
Identification Number. (Format - 12-3456789)
26 Primary Address Primary Address 000 00xx Xxxxxx, Xxxxx 000
27 Primary Address City Primary Address City Oakland
28 Primary Address State Primary Address State (2 Digit Abbreviation) CA
29 Primary Address Zip Primary Address Zip 94607
30 Search Words: Please list search words to be posted in the TIPS ESCO, Energy Services Company, database about your company that TIPS website users Energy Savings, Guaranteed might search. Words may be product names, Energy Savings, Performance manufacturers, or other words associated with the Contracting, renewable energy,
category of award. YOU MAY NOT LIST renewable power, renewable power NON-CATEGORY ITEMS. (Limit 500 words) (Format: generation, solar, photovoltaic, product, paper, construction, manufacturer name, etc.) energy conservation, energy
efficiency and energy performance contracting
31 Yes - No Do you wish to be eligible to participate in a TIPS contract Yes in which a TIPS member utilizes federal funds on contracts exceeding $100,000? (Non-Construction)
32 Yes - No Certification of Residency (Required by the State of No Texas) Company submitting bid is a Texas resident
33 Company Residence (City) Vendor's principal place of business is in the city of? Oakland
34 Company Residence (State) Vendor's principal place of business is in the state of? CA
35 Felony Conviction Notice: (Required by the State of Texas) My firm is, as outlined on (No Response Required)
PAGE 5 in the Instructions to Bidders document: (Questions 36 - 37)
36 Yes - No A publicly held corporation; therefore, this reporting Yes requirement is not applicable?
37 Yes - No Is owned or operated by individual(s) who has/have been No convicted of a felony?
38 Pricing Information: Pricing information section. (Questions 39 - 42) (No Response Required)
39 Yes - No In addition to the typical unit pricing furnished herein, the Yes Vendor agrees to furnish all current and future products at prices that are proportionate to Dealer Pricing. If answer is
NO, include a statement detailing how pricing for TIPS participants would be calculated in the PRICING document that is uploaded to the ”Response Attachments” PRICING section.
40 Yes - No Pricing submitted includes the TIPS administration fee? Yes
41 Yes - No Vendor agrees to remit to TIPS the required administration Yes fee?
42 Yes - No Additional discounts to TIPS members for bulk quantities Yes or scope of work?
43 Start Time Average start time after receipt of customer order is 10 working days?
44 Years Experience Company years experience in this category? 42
45 Resellers: Does the vendor have resellers that it will name under this No contract? (If applicable, vendor should download the Reseller/Dealers spreadsheet from the Attachments
section, fill out the form and submit the document in the ”Response Attachments” RESELLERS section.
46 Prices are guaranteed for? ( Month(s), Year(s), or Term of Contract) (Standard Term of Contract
term is ”Term of Contract”)
47 NON-COLLUSIVE BIDDING CERTIFICATE By submission of this bid or proposal, the Bidder certifies (No Response Required)
1) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any Competitor;
2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of bids, or proposals for this project, to any other Bidder, Competitor or potential competitor:
3) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal;
4) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the person signing in its behalf. Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered.
48 CONFLICT OF INTEREST QUESTIONNAIRE - If you have a conflict of interest as described in this form No FORM CIQ or the Local Government Code Chapter 176, cited therein-
you are required to complete and file with TIPS, Xxxxxxx Xxxxxx, 0000 XX Xxxxxxx 000 Xxxxx, Xxxxxxxxx, Xxxxx 00000
You may find the Blank CIQ form on our website at:
Copy and Paste the following link into a new browser or tab:
Do you have any conflicts under this statutory requirement?
49 Filing of Form CIQ If yes (above), have you filed a form CIQ as directed here?
50 Regulatory Standing I certify to TIPS for the proposal attached that my Yes company is in good standing with all governmental
agencies Federal or state that regulate any part of our business operations. If not, please explain in the next attribute question.
51 Regulatory Standing Regulatory Standing explanation of no answer.
52 Antitrust Certification Statements (Tex. By submission of this bid or proposal, the Bidder certifies (No Response Required) Government Code § 2155.005) that:
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;
(3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law;
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.
53 Suspension or Debarment Instructions Instructions for Certification: (No Response Required)
1. By agreeing to the form, the prospective lower tier participant is providing the certification set out on the form in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and / or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participants,” “person,” “primary covered transaction,” “principal,” “proposal” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction” without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course
of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies,
including suspension and / or debarment.
54 Suspension or Debarment Certification Debarment and Suspension (Executive Orders 12549 and Yes
12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (XXX), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” XXX Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
By submitting this offer and certifying this section, this bidder:
Certifies that no suspension or disbarment is in place, which would preclude receiving a federally funded contract as described above.
55 Non-Discrimination Statement and Certification In accordance with Federal civil rights law and U.S. Yes
Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (000) 000-0000 (voice and TTY) or contact USDA through the Federal Relay Service at (800)
877-8339. Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (000) 000-0000. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 0000 Xxxxxxxxxxxx Xxxxxx, XX, Xxxxxxxxxx, X.X. 00000-0000; (2) fax: (202)
000-0000; or (3)
(Title VI of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement – Nutrition Programs and Activities)
USDA is an equal opportunity provider, employer, and lender.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. I
certify that in the performance of a contract with TIPS or its members, that our company will conform to the foregoing anti-discrimination statement and comply with the cited law and regulations.
56 2 CFR PART 200 Contract Provisions Required Federal contract provisions of Federal (No Response Required)
Explanation Regulations for Contracts for contracts with ESC Region 8 and TIPS Members:
The following provisions are required to be in place and agreed if the procurement is funded in any part with federal funds.
The ESC Region 8 and TIPS Members is the subgrantee or Subrecipient by definition. The federal Rule numbering or identification below is only for reference purpose on this form and does not identify an actual Federal designation or location of the rule. The Rules are located in 2 CFR PART 200 - Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards at 2 CFR PART 200.
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.
57 2 CFR PART 200 (A) Contracts Contracts for more than the simplified acquisition threshold Yes
currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. Notice: Pursuant to Federal Rule (A) above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
Does vendor agree?
58 2 CFR PART 200 (B) Termination Termination for cause and for convenience by the grantee Yes
or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)
Pursuant to Federal Rule (B) above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members reserves the right to terminate any agreement in excess
of $10,000 resulting from this procurement process for cause after giving the vendor an appropriate opportunity and up to 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and
TIPS Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for convenience with 30 days notice in writing to the awarded vendor. The vendor
would be compensated for work performed and goods procured as of the termination date if for convenience of the ESC Region 8 and TIPS Members. Any award under this procurement process is not exclusive and the ESC Region 8 and TIPS reserves the right to purchase goods and services from other vendors when it is in the best interest of the ESC Region 8 and TIPS.
Does vendor agree?
59 2 CFR PART 200 (G) Clean Air Act Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Yes
Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
Pursuant to Federal Rule (G) above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires that the proposer certify that during the term of
an award by the ESC Region 8 and TIPS Members resulting from this procurement process the vendor agrees to the terms listed and referenced therein.
Does vendor agree?
60 2 CFR PART 200 (H) Debarment and Debarment and Suspension (Executive Orders 12549 and Yes Suspension 12689)—A contract award (see 2 CFR 180.220) must not
be made to parties listed on the governmentwide exclusions in the System for Award Management (XXX), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986
Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” XXX Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Pursuant to Federal Rule (H) above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that during the term of an award by the ESC Region 8 and TIPS Members resulting for this procurement process the vendor certifies that they are not debarred from receiving a contract from the federal government as provided therein.
Does vendor agree?
61 2 CFR PART 200 (I) Xxxx Anti-Lobbying Xxxx Anti-Lobbying Amendment (31 U.S.C. Yes Amendment 1352)—Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
Pursuant to Federal Rule (I) above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that during the term and after the awarded term of an award by the ESC Region 8 and TIPS Members resulting for this procurement process the vendor certifies to the terms included or referenced therein.
Does vendor agree?
62 2 CFR PART 200 Federal Rule (12) Federal Rule (12) Compliance with all applicable Yes
standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $100,000)
Pursuant to Federal Rule (12) above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region 8 and TIPS Members requires the proposer certify that in performance of the contracts, subcontracts, and subgrants of amounts in excess of $100,000, the vendor will be in compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
Does vendor certify that it is in compliance with the Clean Air Act?
63 2 CFR PART 200 Procurement of Recovered A non-Federal entity that is a state agency or agency of a Yes Materials political subdivision of a state and its contractors must
comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
Does vendor certify that it is in compliance with the Solid Waste Disposal Act as described above?
64 Indemnification The ESC Region 8 and TIPS is a Texas Political Yes Subdivision and a local governmental entity; therefore, is prohibited from
indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided by law or as
ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a promise to pay for
any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract or negligently
performing duties under the contract. Article III, Section 49 of the Texas Constitution states that "no debt shall be created by or on
behalf of the State ... " The Attorney General has counseled that a contractually imposed obligation of indemnity creates a "debt" in
the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or institutions to
indemnify must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Liquidated
damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be deleted or qualified
with "to the extent permitted by the Constitution and laws of State of Texas."
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree
to these terms?
65 Remedies The parties shall be entitled to exercise any right or Yes, I Agree remedy available to it either at law or in equity, subject to
the choice of law, venue
and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the TIPS to an arbitration resolution
of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those specifically waived
under the terms of the Contract, may, after denial of the Board of Directors, be subject to mediation at the request of either party. Any
issues not resolved hereunder must be referred to non-binding mediation to be conducted by a mutually agreed upon mediator as a
prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator’s fee and any associated filing fee
equally. Mediation shall be held in Camp or Xxxxx County, Texas. Agreements reached in mediation shall be reduced to writing, and
will be subject to the approval by the District's Board of Directors, signed by the Parties if approved by the Board of Directors, and, if
signed, shall thereafter be enforceable as provided by the laws of the State of Texas.
Do you agree to these terms?
66 Remedies Explanation of No Answer
67 Choice of Law This agreement and any addenda or other additions and Yes all contracts or awards resulting from this procurement
process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms?
68 Jurisdiction and Service of Process Any Proceeding arising out of or relating to this Yes
procurement process or any contract issued by TIPS resulting from or any
contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties
irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter
have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in
any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting
from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph
with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to
waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section
may be served on any party anywhere in the world. Venue clauses in contracts with TIPS members may be determined by the parties.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms?
69 Alternative Dispute Resolution Prior to filing of litigation, the parties may select Yes, I Agree
non-binding mediation as a method of conflict resolution for issues arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction. The parties agree that if nonbinding
mediation is chosen as a resolution process, the parties must agree to the chosen mediator(s) and that all mediation venue shall be at a location in Camp or Xxxxx, County, Texas agreed by the parties. The parties agree to share equally the cost of the mediation process and venue cost.
Do you agree to these terms?
70 Alternative Dispute Resolution Explanation of No Answer
71 Infringement(s) The successful vendor will be expected to indemnify and Yes, I Agree hold harmless the TIPS and its employees, officers,
agents, representatives, contractors, assignees and designees from any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, trade or service marks, and any other intellectual or intangible property rights in connection with the vendor's proposal or ultimate contracts awarded and approved.
Do you agree to these terms?
72 Infringement(s) Explanation of No Answer
73 Acts or Omissions The successful vendor will be expected to indemnify and Yes, I Agree hold harmless the TIPS, its officers, employees, agents,
representatives, contractors, assignees and designees from and against any and all liability, actions, claims, demands or suits, and all related costs, attorney's fees and expenses arising out of, or resulting from any acts or omissions of the vendor or its agents, employees, subcontractors, or suppliers in the execution or performance of any agreements
ultimately made by TIPS and the vendor. Do you agree to these terms?
74 Acts or Omissions Explanation of No Answer
75 Contract Governance Any contract made or entered into by the TIPS is subject Yes to and is to be governed by Section 271.151 et seq, Tex
Loc Gov't Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language.
76 Payment Terms and Funding Out Clause Payment Terms: Yes
TIPS members pay net 30 or at point of sale and complies with the State of Texas payment law, Texas Government Code, Chapter 2251. See statute for specifics or consult your legal counsel. These are minimum terms required of the TIPS member in Texas by law and the parties may negotiate custom payment terms as desired provided they do not violate the statutory requirements. Statutory or binding regulations control TIPS members in this contract. Funding out Clause:
Pursuant to Texas Local Government Code Sec. 271.903, any proposal offer accepted by TIPS and its members and all contracts to be approved are subject to the budgeting and appropriation of then currently available funds. See statute for specifics or consult your legal counsel.
Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do you agree to these terms?
77 Insurance and Fingerprint Requirements Insurance (No Response Required)
Information If applicable and your staff will be on TIPS member premises for delivery, training or installation etc. and/or with an automobile, you must carry automobile insurance as required by law. You may be asked to
provide proof of insurance. Fingerprint
It is possible that a vendor may be subject to Chapter 22 of the Texas Education Code. The Texas Education Code, Chapter 22, Section 22.0834. Statutory language may be found at: xxxx://xxx.xxxxxxxx.xxxxx.xxxxx.xx.xx/
If the vendor has staff that meet both of these criterion:
(1) will have continuing duties related to the contracted services; and
(2) has or will have direct contact with students Then you have ”covered” employees for purposes of completing the attached form.
TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have questions on how to comply, see below. If you have questions on compliance with this code section, contact the Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau,
XXXX@xxxxx.xxxxx.xx.xx and you should send an email identifying you as a contractor to a Texas Independent School District or ESC Region 8 and TIPS. Texas DPS phone number is (000) 000-0000.
See form in the next attribute to complete entitled:
Texas Education Code Chapter 22 Contractor Certification for Contractor Employees
78 Texas Education Code Chapter 22 Contractor Introduction: Texas Education Code Chapter 22 requires Some Certification for Contractor Employees entities that contract with school districts to provide
services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district.
Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled in a public school:
(a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state.
I certify that:
NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided.
SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box is checked, I further certify that:
(1) Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history.
(2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within 3 business days.
(3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees.
(4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal history record information, Contractor agrees to discontinue using that covered employee to provide services at the District.
Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.
79 Solicitation Deviation/Compliance Does the vendor agree with the General Conditions Yes
Standard Terms and
Conditions or Item Specifications listed in this proposal invitation?
80 Solicitation Exceptions/Deviations Explanation If the bidder intends to deviate from the General
Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed conditions and information included or attached.
TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any bid based upon any deviations indicated below or in any attachments or inclusions.
In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Standard Terms and Conditions, Item Specifications, and all other information contained in this Solicitation.
81 Agreement Deviation/Compliance Does the vendor agree with the language in the Vendor No
82 Agreement Exceptions/Deviations Explanation If the proposing Vendor desires to deviate form the Vendor Please see the uploaded Exceptions
Agreement language, all such deviations must be listed on document included under Response this attribute, with complete and detailed conditions and Attachments, Item 10
information included or attached. TIPS will consider any Supplementary. deviations in its proposal award decisions, and
the TIPS reserves the right to accept or reject any proposal based upon any deviations indicated below or in any attachments or inclusions.
In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Vendor Agreement.
Response Total: $0.00
Please provide three (3) references, preferably from school districts or other governmental entities who have used your services within the last three years. Additional references may be required. DO NOT INCLUDE TIPS EMPLOYEES AS A REFERENCE.
You may provide more than three (3) references.
� HUB Subcontracting Plan (HSP)
Whlle this HSP Quick Checkllst is being provided to merely assist you In readlly identifying the sections of the HSP form that you will need to complete, it Is Vfl'/ Important that you adhere to the instructions In the HSP form and instructions provided by the contracting agency.
>- If you wlll be awarding all of the subcontracting work you have to offer under the contract to only Texas certified HUB vendors, complete:
D Section 1 -Respondent and Requisition Information
D Section 2 a. - Yes, I will be subcontracting portions of the contract
D Section 2 b. -List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certttied HUB vendors
D Section 2 c. -Yes
D Section 4 - Affirmation
D GFE Method A (Attachment A) -Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.
),- If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors, and the aggregate percentage of all the subcontradlng work you wlll be awarding to the Texas certified HUB vendors with which you have a cqnllnuqus lilJDJraGl.. In place for five (5) years or less (11881s or excseds the HUB Goal the contracting agency ldantlfled In the "Agency Special lnstrucllons/AddlUonal Requirements•, complete:
D Section 1 -Respondent and Requisition Information
D Section 2 a. -Yes, I will be subcontracting portions of the contract
D Section 2 b. - List all the portions of work you will subcontract, and indicate the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB venders
D Section 2 c. - No
D Section 2 d. -Yes
D Section 4 -Affirmation
D GFE Method A (Attachment A) - Complete an Attachment A for each of the subcontracting opportunities you listed in Section 2 b.
which you have a conHnuous contrscf In place for five (5) years or less dogs not (11861or e the HUB Goal the contracting
),- If you will be subcontracting any portion of the contract to Texas certified HUB vendors and Non-HUB vendors or only to Non-HUB vendors, and the aggregate percentage of all the subcontracting work you wlll be awarding to thxeCSBdTexas certified HUB vendors with agency ldandfled In the "Agency Special lnstructlons/AddlUonal Requirements·, complete:
D Section 1 - Respondent and Requisition Information
D Section 2 a. -Yes, I will be subcontracting portions of the contract
D Section 2 b. - List all the portions of work you will subcontract, and indicated the percentage of the contract you expect to award to Texas certified HUB vendors and Non-HUB vendors
D Section 2 c. - No
D Section 2 d. -No
D Section 4 -Affirmation
D GFE Method B (Attachment B) - Complete an Attachment B for each of the subcontracting opportunities you listed in Section 2 b.
),- If you will not be subcontracting any portion of the contract and wlll be fulfllllng the entire contract with your own resources, complete:
I!] Section 1 - Respondent and Requisition Information
I!] Section 2 a. - No, I will not be subcontracting any portion of the contract, and I will be fulfilling the entire contract with my own resources l!1 Section 3 - Self Performing Justification
I!] Section 4 -Affirmation
*ConUnuous Contract: Any exlsUng written sgrBBment (Including any fBnews/s that are exercised) b8lw88n a prime contractor and s HUB vendor, whefB the HUB vendor provides the prlfT/6 contractor w/01 goods or service under the safT/6 contract for s sf)8Clfl8d period of tlfTl8. The frequency the HUB vendor Is uU/lzed or paid during th8 l8rm of the contract is not 1'8/evant to whether th8 contract Is considered con nuous. Two or more contracts that run concu!T8ntfy or ovetfap one snoUler for different periods of time BfB considered by CPA to b8 lndMdual contracts rsther than f8newsls or 8Xl9nslons to the origins/ contract In such situations the prime contractor and HUB V811dor are 811/81/ng (have 811ter8d) Into "netf
In accordance with Texas Gov't Code §2161.252, the contracting agency has determined that subcontracting opportunities are probable under this contract. Therefore, all respondents, including State of Texas certified Historically Underutilized Businesses (HUBs) must complete and submit this State of Texas HUB Subcontracting Plan (HSP) with their response to the bid requisition (solicitation).
NOTE: Responses that do not Include a completed HSP shall be rejected pursuant to Texas Gov't Code §2161.252(b).
The HUB Program promotes equal business opportunities for economically disadvantaged persons to contract with the State of Texas in accordance with the goals specified in the 0000 Xxxxx xx Xxxxx Disparity Study. The statewide HUB goals defined in 34 Texas Administrative Code (TAC) §20.13 are:
• 11.2 percent for heavy construction other than building contracts,
• 21.1 percent for all building construction, including general contractors and operative builders' contracts,
• 32.9 percent for all special trade construction contracts,
• 23. 7 percent for professional services contracts,
• 26.0 percent for all other services contracts, and
• 21.1 percent for commodities contracts.
• • Agency Special !nstructions/Addltlonal Requirements • •
In accordance with 34 TAC §20.14(d)(1)(D)(iii), a respondent (prime contractor) may demonstrate good faith effort to utilize Texas certified HUBs for its subcontracting opportunities if the total value of the respondent's subcontracts with Texas certified HUBs meets or exceeds the statewide HUB goal or the agency specific HUB goal, whichever is higher. When a respondent uses this method to demonstrate good faith effort, the respondent must identify the HUBs with which it will subcontract. If using existing contracts with Texas certified HUBs to satisfy this requirement, only contracts that have been in place for five years or less shall1
qualify for meeting the HUB goal. This limitation is designed to encourage vendor rotation as recommended by the 2009 Texas Disparity Study.
©liU•HII RESPONDENT AND REQUISITION INFORM
a. Respondent (Company) Name: OpTerra Energy Services, Inc. Point of Contact: Xxxxx Xxxxxxx
E-mail Address: firstname.lastname@example.org
b. Is your company a State of Texas certified HUB? D - Yes 0 - No
State of Texas VID#: 14655454628 Phone#: 000.000.0000
Bid Open Date: 02/24/2017
Enter your company's name here: OpTerra Energy Services, Inc. Requisition#: RFQ 170103
MHit•UfJ SUBCONTRACTING INTENTIONS RESPONDENT
After dividing the contract work into reasonable lots or portions to the extent consistent with prudent industry practices, and taking into consideration the scope of work to be performed under the proposed contract, including all potential subcontracting opportunities, the respondent must determine what portions of work, including goods and services, will be subcontracted. Note: In accordance with 34 TAC §20.11., an "Subcontractor'' means a person who contracts with a prime contractor to work, to supply commodities, or to contribute toward completing work for a governmental entity.
a. Check the appropriate box (Yes or No) that identifies your subcontracting intentions:
D - Y,s, I will be subcontracting portions of the contract. (If Y,s, complete Item b, of this SECTION and continue to Item c of this SECTION.)
 - No, I will not be subcontracting fill¥ portion of the contract, and I will be fulfilling the entire contract with my own resources. (If No, continue to SECTION 3 and SECTION 4.)
b. List all the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).
Item# SUbconb'actlng Opportunity Descr1pUon
Percentage of the Percentage of the contract
expeclad ti be 8Ubcon1raclad expectld _, be UICOlllnlcllld _, Percentage of the contract ID HUBs wtth which you � HUBs wtth which you have a expected to be subcontracted a QIIDIJIIII..lll!Dlll!:I" In CJIOUIIIIIIIIm!Ol[KI° In place tonon�Ba.
p1ace ror 11n1� ran DeIHI, for IIIIXIIIIIIID11n(�l :t!IIIJ.
Aggregate percentag• of the conb'act expected to be subconb'acted:
(Note: If you have more than fifteen subcontracting opportunities, a continuation sheet is available online athttp://xxxxxx.xxxxx.xx.xx/xxxxxxxxxxXxxxx/xxx/xxx subcontractlnq-plan/l.
c. Check the appropriate box (Yes or No) that indicates whether you will be using gnlx Texas certified HUBs to perform BIi of the subcontracting opportunities you listed in XXXXXXX 0, Xxxx x.
X - XXX (Xx Yes, continue to SECTION 4 and complete an "HSP Good Faith Effort - Method A (Attachment A)" for each of the subcontracting opportunities you listed.) 121 - No (If No, continue to Item d, of this SECTION.)
d. Check the appropriate box (Yes or No) that indicates whether the aggregate expected percentage of the contract you will subcontract with Texas certified HUBs with which you have a continuous contract in place with for five (5) years or less meets or exceeds the HUB goal the contracting agency identified on page 1 in the "Agency Special lnstructlons/Addltlonal Requirements".
D - YBS (If Yes, continue to SECTION 4 and complete an "HSP Good Faith Effort- Method A (Attachment A)" for each of the subcontracting opportunities you listed.) 121 - No (If No, continue to SECTION 4 lru! complete an 'HSP Good Faith Effort- Method B (Attachment B)' for� of the subcontracting opportunities you listed.)
�onUnuous Contract: Any extiti written agrBBment (Includi any rBnewals that arB exercised) betwBBn a prime contractor and a HUB vendor, where the HUB vendor provldBS the prime contractor with goods or service under the same contract for a sf)8Clfled f)Briod of Ume. The frequency the HUB vendor Is uUl/zed or paid during the term of the contract is not rBlevsnt to whether the contract considered conUnuous. Two or more contracts that xxx concurrsnUy or overlap one another for d/fftJrent f)Brl s of Ume BrB considered by CPA to be individual contrac rather than rBnewsls or extensions to the origins/ contract. In such sltusllons the prime contractor and HUB VBfldor e BfltBflng (have Bf1t8f8d} Into •ne�
Enter your company's name here: OpTerra Energy Services, Inc. Requisition#: RFQ 170103
Mau,,�,,suBcoNTRACTING 1NTENT10Ns RESPONDENT (CoNT1NUAT10N SHEtf)
a. This page ct11 be used • a continuation sheet to the HSP Form's page 2, Section 2, Item b. Continue listing the portions of work (subcontracting opportunities) you will subcontract. Also, based on the total value of the contract, identify the percentages of the contract you expect to award to Texas certified HUBs, and the percentage of the contract you expect to award to vendors that are not a Texas certified HUB (i.e., Non-HUB).
Item# SUbcontracllng Opportunity Delcrtptlon
Plll'Clnlllgl ol III exptelld " be � k> HUBi with which you have 1 CII.DIIIIIII..UImconlnlcr In place
Plrclnlage ol 1111 con1r1ct e,q,ecled ID .,. IMJCOHlrrad ID HUBi wlll w11tt1 you have 1 r.aolloWWIcontracr In place b' l l l l X I (alWHI,
Pln:anlage of Ille contracl IICj)8c:tld to be aubcontrstld to norMfl.181.
Aggregate perc:entages of Iha conbact expected to be subcontrec:xxx:
'ConUnuoqs Confmcl: Any sx/sUng wrfttBn sgf'86mant (I xxxxx any fBn ls that BfB exerclssd) belwBen a pfima contractor and a HUB ven r, whefB the HUB Vtllldor provides the prl/118 contractor with goods or servlc6 under the SBfTIB contract for a specltlld f)6rlod of ll . The ff8quency the HUB vendor Is ullllzld or paid during the term of the contract Is not fBlevanl to wheUler the contract Is considered continuous. Two or more contracts that run concu ntly or overlap one another for dlffBrenl periods of Ume BfB considered by CPA to be ndividual contracts rather than fBnew ls or extensions to the original contract. n such sltuaUons the prlfTIB contractor and HUB vendor are ent ng (have enterld) into ·netf
HSP - SECTION 2
Enter your company's name here: OpTerra Energy Services, Inc. Requisition #: RFQ 170103
@j:ijjllll�f9 SELF PERFORMING JUSTIFICATION (If you responded "No "to SECTION 2, Item a, you must complete this SECTION and continua to SECTION 4) Check the appropriate box (Yes or No) that indicates whether your response/proposal contains an explanation demonstrating how your company will fulfill the entire contract with its own resources.
0 • Yes (If Y,s, in the space provided below 11st the specific page(s)/sectlon(s) of your proposal which explains how your company will perform the entire contract with its own equipment, supplies, materials and/or employees.)
D · No (If No, in the space provided below explain how your company will perform the entire contract with its own equipment, supplies, materials and/ or employees.)
OpTerra Energy Services, Inc. (OpTerra) will utilize their own internal resources to complete the Utility Assessment Report (UAR).
Critical to our continued success as a leader in the energy savings performance contracting business hinges directly on our core expertise of providing Investment Grade Audits (IGA) or Utility Assessment Reports. The purpose of the analysis is to identify, quantify and prioritize viable energy savings opportunities for all aspects of the facility- control systems, air conditioning, heating systems, lighting, building structure (envelope), water and sewer systems, miscellaneous equipment, scheduling procedures, etc. The resulting report includes a list of each viable energy savings modification with predicted annual savings, cost of implementation, and financial payback. We are thus able to assemble the most cost-effective group of energy savings opportunities possible- those that provide the greatest possible savings for the least investment. Since the annual savings and financial payback are guaranteed it is vital for OpTerra to self-perform the Utility Assessment Report.
Once selected however we will engage all necessary resources to ensure HUB goals are met. We recognize the importance of utilizing HUB vendors and will make every effort to maximize this potential. We are committed to not just an initial business relationship, but sustained development and growth of the businesses we engage. We use a very extensive per-qualification process to select subcontractors and suppliers for our projects. Our per-qualification process is based on our significant experience identifying subcontractors qualities, which assure optimal contract completion, quality performance service and products. Once we have audited the facilities, a list of qualified subcontractors will be put together in conjunction with the Client. Contractors and suppliers selected in the per-qualification process competitively bid that portion of the project they are to work on. We have extensive experience managing a competitive bid process for our customers. In this way, costs are kept as low as possible and we have the opportunity to evaluate their probable quality and performance.
After bids are received, they are reviewed for conformance to the specification (s), and economic evaluations are made of each bid and any proposed alternate bids. In addition, the bidders ability to do the work effectively based upon location/proximity to the project is assessed. After the analysis of the bids is complete, we will make a best-buy selection in conjunction with the Client.
OpTerra continually strive to be recognized as a company that values and leverages diversity for business needs. We recognize that in our environment, having a workforce that mirrors the composition of the marketplace where we operate and serve is a critical aspect of doing business.
As evidenced by my signature below, I affirm that I am an authorized representative of the respondent listed in SECTION 1, and that the information and supporting documentation submitted with the HSP is true and correct. Respondent understands and agrees that, if awarded anyportionofthe reguisjtion:
• The respondent will provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor for the awarded contract. The notice must specify at a minimum the contracting agency's name and its point of contact for the contract, the contract award number, the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency's point of contact for the contract no later than ten (10) working days after the contract is awarded.
• The respondent must submit monthly compliance reports (Prime Contractor Progress Assessment Report - PAR) to the contracting agency, verifying its compliance with the HSP, including the use of and expenditures made to its subcontractors (HUBs and Non-HUBs). (The PAR is available at http:/fwww.wlndow.stale.b<.us/procurement/p1og/hublhub-forms/pro9ressassessmentrpt.xls).
• The respondent must seek approval from the contracting agency prior to making any modifications to its HSP, including the hiring of additional or different subcontractors and the termination of a subcontractor the respondent identified in its HSP. If the HSP is modified without the contracting agency's prior approval, respondent may be subject to any and all enforcement remedies available under the contract or otherwise available by law, up to and including debarment from all state contracting.
• The respondent must, upon request, allow the contracting agency to perform on-site reviews of the company's headquarters and/or work-site where services being..�rfo ed �nd must provide documentation regarding staffing and other resources.
Sr. Project Director
Printed Name Title Date
> If you responded 'Yes' to SECTION 2, Items c or d, you must complete an 'HSP Good Faith Effort - Method A (Attachment A)' for each of the subcontracting opportunities you listed in SECTION 2, Item b.
> If you responded "No' SECTION 2, Items c 111d d, you must complete an "HSP Good Faith Effort - Method B (Attachment B)' for each of the subcontracting opportunities you listed in SECTION 2, Item b.
HSP Good Faith Effort - MethodA (Attachment A)
IMPORTANT'. If you responded ")".18' to SECTION 2, Items c or d of the completed HSP form, you must submit a completed "HSP Good Faith Effort - Method A
(Attachment A)" for um of the subcontracting opportunities you listed in SECTION 2, Item
of the completed HSP form. You may photo-copy this page or
download the form at hlto://wlodow xxxxx.xx.xx/xxxxxxxxxxxx/xxxx/xxxxxxx-xxxxx/xxx-xxxxxx-xxxx:0xx-xxxx-x pdf.
Enter the item number and description of the subcontracting opportunity you listed in SECTION 2, Item b. of the completed HSP form for which you are completing
Enter your company's name here: OpTerra Energy Services, Inc. Requisition #: RFQ 170103
Also identify whether they are a Texas certified
ffl=Miit•Uf-fJj SUBCONTRACTOR SELECTION
List the subcontractor(s) you selected to perform the subcontracting opportunity you listed above in SECTION A-1.
HUB and their VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether
the company is a Texas certified HUB
TIIK• certified HUB
0-No s ""
0-No O-No 0-No
s s s s s s s
REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded any portion of the requisition, you are required to
provide notice as soon as practical to all the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency's name and its point of contact for the contract, the contract award number. the subcontracting opportunity they (the subcontractor) will perform, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency's point of contact for the contract no later than ten (10) working days after the contract is awarded.
Page 1 of 1 (Attachment A)
HSP Good Faith Effort - Method B (Attachment 8) Rev. 10/14
Enter your company's name here: OpTerra Energy Services, Inc. Requisition#: RFQ 170103
IMPORTANT'. If you responded 'Yss' to SECTION 2, Items c or d of the completed HSP form, you must submit a completed 'HSP Good Faith Effort - Method B (Attachment B)" for of the subcontracting opportunities you listed in SECTION 2, Item b of the completed HSP form. You may photo-copy this page or download the form at xxxx://xxxxxxxxxxx tx.ustorocuremenuorog/hub/hub-forms/hub,sboonl'-plan-gfe-achm-b.pdf.
ij:ijjn,)a:11 SUBCONTRACTING OPPORTUNITY
Enter the item number and descripUon of the subcontracting opportunity you listed in SECTION2, Item b, of the completed HSP form for which you are completing
Item Number: cription:
@Dit•)�1:fj MENTOR PROT�G� PROGRAM
If respondent is participating as a Mentor in a State of Texas Mentor Protege Program, submitting its Protege (Protege must be a State of Texas certified HUB) as a subcontractor to perform the subcontracting opportunity listed in SECTION B-1, constitutes a good faith effort to subcontract with a Texas certified HUB towards that specific portion of work.
Check the appropriate box (Yes or No) that indicates whether you will be subcontracting the portion of work you listed in SECTION B-1 to your Protege.
D -Yes (If Yes, to continue to SECTION B-4.)
D - No I Not Applicable (If No or NotAppllcsbls, continue to SECTION B-3 and SECTION B-4.)
i-1:@iit•)�l=IB NOTIFICATION OF SUBCONTRACTING OPPORTUNITY
When completing this section you M.U..fil comply with items a, b, c and d, thereby demonstrating your Good Faith Effort of having notified Texas certified HUBs and
trade organizations or development centers about the subcontracting opportunity you listed in SECTION B-1. Your notice should include the scope of work, information regarding the location to review plans and specifications, bonding and insurance requirements, required qualifications, and identify a contact person. When sending notice of your subcontracting opportunity, you are encouraged to use the attached HUB Subcontracting Opportunity Notice form, which is also available online at htlp://xxx.xxxxxx.xxxxx.xx.xx/xxxxxxxxxxx / p ihub/hub-suboonlracling-xxxx.
Retain supporting documentation (i.e., certified letter, fax, e-mail) demonstrating evidence of your good faith effort to notify the Texas certified HUBs and trade organizations or development centers. Also, be mindful that a working day is considered a normal business day of a state agency, not including weekends, federal or state holidays, or days the agency is declared closed by its executive officer. The initial day the subcontracting opportunity notice is sent/provided to the HUBs and to the trade organizations or development centers is considered to be "day zero' and does not count as one of the seven (7) working days.
a. Provide written notification of the subcontracting opportunity you listed in SECTION B-1, to three (3) or more Texas certified HUBs. Unless the contracting agency specified a different time period, you must allow the HUBs atleast seyen workjng days to respond to the notice prior to your submitting your bid response to the contracting agency. When searching for Texas certified HUBs, ensure that you use the State of Texas' Centralized Master Bidders List (CMBL) and Historically Underutilized Business (HUB) Search directory located at http-//mycoa slate.Ixus/lp sscmb!search/lndex.jso. HUB Status code 'A' signifies that the company is a Texas certified HUB.
Date NoUce Sent
Did the HUB Respond?
b. List the� Texas certified HUBs you notified regarding the subcontracting opportunity you listed in SECTION B-1. Include the company's Vendor ID (VID) number, the date you sent notice to that company, and indicate whether it was responsive or non-responsive to your subcontracting opportunity notice.
c. Provide written notif.tation of the subcontracting opportunity you listed in SECTION B-1 to lwP....(2) or more trade organizations or development centers� to
assist in identifying potential HUBs by disseminating the subcontracting opportunity to their members/participants. Unless the contracting agency specified a different time period, you must provide your subcontracting opportunity notice to trade organizations or development centers al least seven (7) workjnq days prior to submitting your bid response to the contracting agency. A list of trade organizations and development centers that have expressed an interest in receiving notices of subcontracting opportunities is available on the Statewide HUB Program's webpage at hl l llwww window,sJate,tx,uslorocuremenUoroo/hub/rnwb-lioks-1/.
d. List two....(2l trade organizations or development centers you notified regarding the subcontracting opportunity you listed in SECTION B-1.lnclude the date
when you sent notice to it and indicate if it accepted or rejected your notice.
Trade OrganlzaUons or Development Centers
Date NoUce Sent W• the NoUce Accepted?
Page 1 of2 (Attachment B)
HSP Good Faith Effort - Method B (Attachment 8) Cont.
Enter your company's name here: OpTerra Energy Services, Inc. Requisition#: RFQ 170103
Enter the item number and description of the subcontracting opportunity you listed in SECTION2, Item b, of the completed HSP form for which you are completing the attachment.
a. Enter the item number and description of the subcontracting opportunity for which you are completing this Attachment B continuation page.
Item Number: Descrlptlon:
b, List the subcontractor(s) you selected to perform the subcontracting opportunity you listed in SECTION B-1. Also identify whether they are a Texas certified HUB and their VID number, the approximate dollar value of the work to be subcontracted, the expected percentage of work to be subcontracted, and indicate whether the company is a Texas certified HUB.
Tex• certlfled HUB
Expected Percentage of
c. If any of the subcontractors you have selected to perform the subcontracting opportunity you listed in SECTION B-1 is n21 a Texas certified HUB, provide written justification for your selection process (attach additional page if necessary):
REMINDER: As specified in SECTION 4 of the completed HSP form, if you (respondent) are awarded anyportion of the requisi6on, you are required to provide notice as soon as practical to !!( the subcontractors (HUBs and Non-HUBs) of their selection as a subcontractor. The notice must specify at a minimum the contracting agency's name and its point of contact for the contract, the contract award number, the subcontracting opportunity it (the subcontractor) will perfonn, the approximate dollar value of the subcontracting opportunity and the expected percentage of the total contract that the subcontracting opportunity represents. A copy of the notice required by this section must also be provided to the contracting agency's point of contact for the contract no later than ten (10) working days after the contract is awarded.
Page2 of2 (Attachment B)
�HUB Subcontracting Opportunity Notification
In accordance with Texas Gov't Code, Chapter 2161, each state agency that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest, determine whether subcontracting opportunities are probable under the contract. The state agency I have identified below in Section B has determined that subcontracting opportunities are probable under the requisition to which my company will be responding.
34 Texas Administrative Code, §20.14 requires all respondents (prime contractors) bidding on the contract to provide notice of each of their subcontracting opportunities to at least three 13) Texas certified HUBs (who work within the respective industry applicable to the subcontracting opportunity), and allow the HUBs al least seven(7)working days to respond to the notice prior to the respondent submitting its bid response to the contracting agency. In addition, at least seven (7) working days prior to submitting its bid response to the contracting agency, the respondent must provide notice of each of its subcontracting opportunities to two 121 or more trade organizations or development centers (in Texas) that serves members of groups (i.e., Asian Pacific American, Black American, Hispanic American, Native American, Woman, Service Disabled Veteran) identified in Texas Administrative Code, §20.11(19)(C).
We respectfully request that vendors interested in bidding on the subcontracting opportunity scope of work identified in Section C, Item 2, reply no later than the date and time identified in Section C, Item 1. Submit your response to the point-of-contact referenced in Section A.
ii PRIME CONTRACTOR'S INFORMATION
E-mail Address: -
1111[1)11:jCONTRACTING STATE AGENCY AND REQUISITION INFORMATION
Agency Name: Point-of-Contact: Requisition#:
State ofTexas VID#:
Bid Open Date:
a.."i:tM�r111•111•SUBCONTRACTING OPPORTUNITY RESPONSE DUE DATE, D ESCRJPTION, R EQUIREMENTS AND RELATED INFORMATION
1. Potential Subcontractor's Bid Response Due Date:
If you would like for our company to consider your company's bid for the subcontracting opportunity identified below in Item 2, we must receive your bid response no later than Select on
Central Time Date (mm/dd/yyyy)
In accordance with 34 TAC §20.14, each notice of subcontracting opportunity shall be provided to at least three (3) Texas certifed HUBs, and allow the HUBs at least seven (7) working days to respond to the notice prior to submitting our bid response to the contracting agency. In addition, at least seven (7) working days prior to us submitting our bid response to the contracting agency, we must provide notice of each of our subcontracting opportunities to two (2) or more trade organizations or development centers (in Texas) that serves members of groups (i.e., Asian Pacific American, Black American, Hispanic American, Native American, Woman, Service Disabled Veteran) identified in Texas Administrative Code, §20. 11(19)(C).
(A working day is considered a normal business day of a state agency, not including weekends, federal or state holidays, or days the agency is declared closed by its executive officer. The initial day the subcontracting opportunity notice is sent/provided to the HUBs am;t to the trade organizations or development centers is considered to be "day zero" and does not count as one of the seven (7) working days.)
2. Subcontracting Opportunity Scope of Work:
3. Required Qualifications: D- Not Applicable
4. Bonding/Insurance Requirements:
D- Not Applicable
5. Location to review plans/specifications: D- Not Applicable