REQUEST FOR PROPOSAL SINGLE TRADE SERVICES. for. The University of Texas Medical Branch at Galveston. RFP No.:

Transcription

1 REQUEST FOR PROPOSAL SINGLE TRADE SERVICES for The University of Texas Medical Branch at Galveston RFP No.: Pre-Proposal Conference: 10:00AM CST, July 23, 2018 Proposal Submittal Deadline: 3:00 PM CST, August 22, 2018 Prepared by: Danielle Laird Sr. Acquisition Specialist Date: July 16, 2018 Revision; eff. 09/14/2017

2 Table of Contents SECTION NOTICE TO RESPONDENTS General Submittal Deadline Pre-Proposal Conference Silent Period UTMB Contacts Agreement Term Inquiries and Interpretations Texas Public Information Act Agreement Award Process Criteria for Selection Respondent's Acceptance of Evaluation Methodology Commitment Acquisition from Other Sources Historically Underutilized Businesses Group Purchase Authority Awarded Vendor Disclosure Requirements for Contract Exceeding $1 Million Key Events Schedule... 8 SECTION PROPOSAL REQUIREMENTS General Instructions Preparation and Submittal Instructions Pricing and Delivery Schedule Terms and Conditions Submittal Checklist SECTION GENERAL TERMS AND CONDITIONS General SECTION SCOPE OF WORK/SERVICE REQUIREMENTS General Supplier Relationship Program ( SRM ) for Contracts Exceeding $1M in Value SECTION PRICING SCHEDULE SECTION RESPONDENT QUESTIONNAIRE SECTION

3 EXECUTION OF OFFER ATTACHMENTS RIDER ALTERNATIVE SAMPLE AGREEMENT

4 SECTION 1 NOTICE TO RESPONDENTS The University of Texas Medical Branch (UTMB Health), has been at the forefront of educational, research and clinical excellence since Throughout its history, UTMB has graduated more health professionals than any other academic health center in the state and has made possible countless research and patient care advances. Today, UTMB is undergoing robust revitalization and growth to make its vision of a healthier future for our state and beyond a reality. Please see UTMB s website for further detail related to UTMB s plans for revitalization and growth and consider this growth as part of your company s response. Established in 1891, The state s first academic medical center. UTMB is comprised of four health sciences schools, three institutes for advanced study, a research enterprise that includes one of only two national laboratories dedicated to the safe study of infectious threats to human health, and a health system offering a full range of primary and specialized medical services throughout Galveston County and the Texas Gulf Coast region. UTMB is a component of the University of Texas System and a member of the Texas Medical Center, UTMB represents an incredible return on investment for the people of Texas. 1.1 General The University of Texas Medical Branch at Galveston ( UTMB ) is accepting competitive sealed proposals to contract for Single Trade Services/Products for UTMB in accordance with the terms, conditions and requirements set forth per Request for Proposal, RFP No This Request for Proposal (RFP) provides sufficient information for interested parties to prepare and submit proposals for consideration by UTMB. Respondents are encouraged to propose contractual arrangements offering the maximum benefit to UTMB in terms of (1) total overall cost and (2) industry experience. Applicability of educational, state and local government, and any other available discounts should be strongly considered. RESPONDENTS REPRESENT THAT THEY HAVE THE KNOWLEDGE, ABILITY, SKILLS, AND RESOURCES TO PROVIDE SUCH GOODS OR SERVICES AS REQUIRED HEREIN. THIS RFP IS A SOLICITATION FOR PROPOSAL AND IS NOT A CONTRACT OR AN OFFER TO CONTRACT. RESPONDENTS ARE CAUTIONED TO READ THE INFORMATION CONTAINED IN THIS RFP CAREFULLY AND TO SUBMIT A COMPLETE RESPONSE TO ALL REQUIREMENTS AND QUESTIONS AS DIRECTED. 1.2 Submittal Deadline UTMB will accept proposals until 3:00 PM CST, Wednesday, August 22, Pre-Proposal Conference All Respondents interested in submitting a proposal are invited to attend a Pre-Proposal Conference to be held at UTMB. The purpose of the conference will be to highlight important points in the RFP (due dates, required documents for proposal submittal, etc.). Questions regarding the scope of work will not be addressed at the conference; these types of questions should be posed per the instructions in para 1.5 below. Attendance at the conference is not required in order to submit a proposal, and attendance will not be a factor in evaluating the proposals. The conference will begin at 10:00 AM CST on Monday, July 23, 2018 in the Materials Management Building, located at 1302 Mechanic Street, Galveston, Texas The Meeting will be held in Room Respondents are advised that all parking areas surrounding the UTMB campus are paid parking, responsibility of respondent. Attendees must allow time to obtain parking and arrive at the conference on time. The meeting shall begin promptly at the time specified above. Respondents may view the UTMB Campus Map by visiting the following website: 4

5 1.4 Silent Period UTMB is committed to ethical contracting standards and practices that help prevent a conflict of interest or the appearance of a conflict of interest. UTMB shall have a Silent Period during this solicitation that limits communication regarding this RFP. All communication during this solicitation should involve the Purchasing department or HUB Coordinator (Purchasing department personnel) and Respondents should not discuss any portion of this solicitation with any UTMB employee outside of the Purchasing department or HUB Coordinator during this time period. The Silent Period shall begin with the issuance of this RFP and ends upon the execution of an Agreement(s) with selected Respondents. During the Silent Period, Respondents shall refrain from conversations with any UTMB employee, except Purchasing department personnel, regarding this RFP. In addition, during the Silent Period, Respondents should not give any gifts or any other items of value to any UTMB staff that may be affiliated with this RFP. Respondent(s) agree and understand that noncompliance with the Silent Period may result in disqualification from this RFP. 1.5 UTMB Contacts Any questions or concerns regarding this Request for Proposal should be directed to: Danielle Laird Title: Sr. Acquisition Specialist Ph.: dnlaird@utmb.edu Any questions or concerns regarding the HUB Subcontracting Plan requirements should be directed to: Karen Gross Manager Supplier Diversity Programs/HUB Coordinator Ph: klgross@utmb.edu UTMB specifically instructs all interested parties to restrict all contact and questions regarding this RFP to written communications forwarded to UTMB Contact. UTMB Contact must receive all questions or concerns no later than 10:00AM CST on Monday, July 30, University will have a reasonable amount of time to respond to questions or concerns. It is UTMB s intent to respond to all appropriate questions and concerns; however, UTMB reserves the right to decline to respond to any question or concern. 1.6 Agreement Term The term of this Agreement ( Agreement Term ) will begin when executed by both parties ( Effective Date ) and continue for a period of three (3) years, with the option to renew for two (2) additional one (1) year periods. 1.7 Inquiries and Interpretations Responses to inquiries which directly affect an interpretation or change to this RFP will be issued in writing by addendum (amendment) and all parties recorded by UTMB as having received a copy of the RFP will be notified of the addendum; and all addenda will be posted on the UTMB Bidding Opportunities Website. All such addenda issued by UTMB prior to the time that proposals are received shall be considered part of the RFP, and the Respondent shall be required to consider and acknowledge receipt of such in his/her proposal. Firms receiving this proposal other than directly from UTMB are responsible for notifying UTMB that they are in receipt of a proposal package and are to provide a name and address to utilize in the event an amendment is issued. Only those UTMB replies to inquiries which are made by formal written addenda shall be binding. Oral and other interpretations or clarification will be without legal effect. Respondent must acknowledge receipt of all addenda in Section 5 of this RFP (Pricing and Delivery Schedule). 5

6 1.8 Texas Public Information Act Respondent is hereby notified that UTMB strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information. UTMB may seek to protect from disclosure all information submitted in response to this RFP until such time as a final Agreement is executed. Upon execution of a final Agreement, UTMB will consider all information, documentation, and other materials requested to be submitted in response to this RFP, to be of a non-confidential and non-proprietary nature and, therefore, subject to public disclosure under the Texas Public Information Act (Texas Government Code, Chapter , et seq.). Respondent will be advised of a request for public information that implicates their materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General. Certain information may be protected from release under Sections , , , and , Texas Government Code. 1.9 Agreement Award Process An award for the services specified herein will be made following a procedure using competitive sealed proposals. Proposals will be opened publicly to identify the names of the Respondents, but will be afforded security sufficient to preclude disclosure of the contents of the proposal, including prices or other information, prior to award. After opening, an award may be made on the basis of the proposals initially submitted, without discussion, clarification, modification, or negotiation with any of the Respondents or, at UTMB option, UTMB may discuss or negotiate all elements of the proposal with selected Respondents. For purposes of negotiation, a competitive range of acceptable or potentially acceptable proposals may be established comprising the highest rated proposal(s). Further action on proposals not included in the competitive range will be deferred pending an award, but UTMB reserves the right to include additional proposals in the competitive range if deemed in the best interest of UTMB. UTMB reserves the right to award an Agreement for all or any portion of the requirements proposed by reason of this request, award multiple Agreements, or to reject any and all proposals if deemed to be in the best interests of UTMB and to re-solicit for proposals. The initial services pontificated in this RFP may be in the form of a Letter of Intent to begin the engagement, to be followed by the completion of a bi-lateral agreement between the parties. By submission of a proposal, Respondent agrees to the above referenced award process and to enter into a Letter of Intent if deemed necessary by UTMB. The Request for Proposals, with all Addenda, and those provisions in the proposal that are satisfactory to UTMB will be awarded this project via UTMB s Agreement form(s), which may include, but are not limited to a written contract, pricing agreement, agreement letter or purchase order constitute the Agreement between the Supplier and UTMB (collectively, the Agreement ) Criteria for Selection The Respondent selected for an award will be the Respondent whose proposal, as presented in the response to this RFP, is the most advantageous to UTMB. UTMB is not bound to accept the lowest priced proposal if that proposal is not in the best interest of UTMB as determined by UTMB. Proposals will be evaluated by UTMB personnel. The selection of the Seller for this award will be based on, but not limited to, the factors listed below: the cost of goods and services; the reputation of the Proposer and of the Proposer's goods or services; the quality of the Proposer's goods or services; the extent to which the goods or services meet the University's needs; the Proposer's past relationship with the University; the added value offered by the Proposer to the University; the Proposer s exceptions to the terms and conditions set forth in Section 3 of this RFP. Upon completion of the initial review and evaluation of the proposals submitted, selected Respondents may be invited to participate in oral presentations, demonstrations, and/or interviews 1.11 Respondent's Acceptance of Evaluation Methodology Submission of a proposal indicates Respondent s acceptance of the evaluation technique and Respondent s recognition that some subjective judgments must be made by UTMB during the assigning of points. 6

7 1.12 Commitment Respondent understands and agrees that this Agreement is issued predicated on anticipated requirements for Single Trade Services for the repair and maintenance of equipment and that UTMB has made no representation, guarantee or commitment with respect to any specific quantity of requests for Single Trade Services for the repair and maintenance of equipment to be furnished under this Agreement. Further, Seller recognizes and understands that any cost borne by the Seller which arises from Seller's performance hereunder shall be at the sole risk and responsibility of Seller Acquisition from Other Sources UTMB reserves the right and may from time to time as required by UTMB's operational needs acquire Single Trade Services for the repair and maintenance of equipment of equal type and kind from other sources during the term of this Agreement without invalidating in whole or in part this Agreement or any rights or remedies UTMB may have hereunder Historically Underutilized Businesses UTMB has reviewed this RFP in accordance with the Texas Administrative Code Section (Title 34, Part 1, Chapter 20, Subchapter D, Rule ) and has determined that subcontracting opportunities are not probable under this solicitation. *An opportunity for subcontracting is defined as any scope of work (goods and services) where your firm will be required to solicit other firms to complete the Scope of Work as defined in this RFP. If your firm has a current contractual agreement with a firm to provide portions of the Scope of Work then a selfperforming plan will need to be provided **(See paragraph below regarding does not intend to subcontract. ) If your company does intend to subcontract any portion of the work, your proposal must include a HUB Subcontracting Plan (HSP). The HSP Package, including the required forms and instructions, can be accessed via the UTMB s HUB Program website at **If your company does not intend to subcontract any portion of the work and are awarded a contract as a result of this RFP, your company will be required to complete a State of Texas Self Performing HUB Subcontracting Plan stating there will be no subcontracting prior to signing the final contract documents. If you have any questions or need assistance please contact UTMB s Manager of Supplier Diversity Programs/ HUB Program Coordinator, Karen Gross, at (409) or klgross@utmb.edu Group Purchase Authority Texas law authorizes institutions of higher education (defined by Section , Education Code) to use the group purchasing procurement method (ref. Sections , , and , Education Code). Additional Texas institutions of higher education may therefore elect to enter into a contract with the successful Respondent under this RFP. In particular, Proposer should note that UTMB is part of The University of Texas System ( UT System ), which is comprised of nine academic and six health universities, described at UT System institutions routinely evaluate whether an agreement resulting from a procurement conducted by one of its institutions might be suitable for use by another, and if so, this could give rise to additional purchase volumes. As a result, in submitting its proposal in response to this RFP, Proposer should consider proposing pricing and other commercial terms that take into account such higher volumes and other expanded opportunities that could result from the eventual inclusion of other institutions in the purchase contemplated by this RFP Awarded Vendor Disclosure Requirements for Contract Exceeding $1 Million Eff ective January 1, 2016, The University of Texas System institutions, including UTMB, must comply with the "Disclosure of Interested Parties" requirements mandated by HB 1295, as implemented by the Texas Ethics Commission. Briefly stated, Contracts for goods or services exceeding $1million may not be executed by UTMB until the Awarded Vendor presents a signed and notarized form disclosing interested parties to the Contract. The filing application and information can be accessed at: 7

8 1.17 Key Events Schedule Publish Request for Proposal: Monday, July 16, 2018 Pre-Proposal Conference: Monday, July 23, 2018, 10:00 am (ref. Section 1.3) Deadline for Questions/Concerns Monday, July 30, 2018, 10:00am (ref. Section 1.5) Proposal Submittal Deadline: Wednesday, August 22, 2018, 3:00 pm CST (ref. Section 1.2) Vendor Presentations* (if needed): September 2018 Vendor Negotiations: October 2018 Estimated Award Date: November, 2018 * Please note: If Supplier Presentations are deemed necessary, they will be held on the date shown no alternate date will be provided. Vendors must be prepared to present on the date shown if selected as a finalist. 8

9 SECTION 2 PROPOSAL REQUIREMENTS 2.1 General Instructions A. Respondents should carefully read the information contained herein and submit a complete response to all requirements and questions as directed. B. Proposals and any other information submitted by Respondents in response to this Request for Proposal shall become the property of UTMB. C. UTMB will not provide compensation to Respondents for any expenses incurred by the Respondent(s) for proposal preparation or for any demonstrations that may be made, unless otherwise expressly stated. Respondents submit proposals at their own risk and expense. D. Proposals which are qualified with conditional clauses, or alterations, or items not called for in the RFP documents, or irregularities of any kind are subject to disqualification by UTMB, at its option. E. Each proposal should be prepared simply and economically, providing a straightforward, concise description of your firm's ability to meet the requirements of this RFP. Emphasis should be on completeness, clarity of content, responsiveness to the requirements, and an understanding of UTMB's needs. F. UTMB makes no guarantee that an award will be made as a result of this RFP, and reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, or delete any item/requirements from this RFP or resulting Agreement when deemed to be in UTMB's best interest. Representations made within the proposal will be binding on responding firms. UTMB will not be bound to act by any previous communication or proposal submitted by the firms other than this RFP. G. Firms wishing to submit a No-Response are requested to return the first page of the Execution of Offer (ref. Section 7). The returned form should indicate your company's name and include the words No-Response in the right-hand column. H. Failure to comply with the requirements contained in this Request for Proposal may result in the rejection of your proposal. 2.2 Preparation and Submittal Instructions A. Respondents must complete, sign and return the attached Execution of Offer (ref. Section 7), Pricing Schedule (ref. Section 5) and Respondent Questionnaire (ref. Section 6) as part of their proposal response. Proposal must be signed by Respondent's company official(s) authorized to commit such proposals. Failure to sign and return these forms will subject your proposal to disqualification. B. Responses to this RFP should consist of answers to required questions in Section 6. Please repeat the question in your response and reference the question number corresponding accordingly. In cases where a question does not apply or if unable to respond, reference the question number and indicate N/A (Not Applicable) or N/R (No Response), as appropriate. Briefly explain your reason when responding N/R. C. Electronic Copy An electronic Copy of the proposal should be provided in an Adobe Acrobat (.pdf) format or Microsoft Office format (i.e., Word, Excel as appropriate, etc.). When submitting in Adobe Acrobat, please submit your document as a properly converted PDF, not a scanned image saved as a PDF. 9

10 D. Table of Contents Include with the proposal a Table of Contents that includes page number references. The Table of Contents should be in sufficient detail to facilitate easy reference of the sections of the proposal as well as separate attachments (which should be included in the main Table of Contents). Supplemental information and attachments included by your firm (i.e., not required) should be clearly identified in the Table of Contents and provided as a separate section. E. Pagination All pages of the proposal should be numbered sequentially in Arabic numerals (1, 2, 3, etc.) Attachments should be numbered or referenced separately. F. Number of Copies Submit one (1) electronic version in an Adobe Acrobat (.pdf) or Microsoft Office format. A signature must appear on the Execution of Offer (ref. Section 7). G. Submission One (1) electronic version of the proposal must be submitted and received in the UTMB Purchasing Department on or before the time and date specified in Subsection 1.2 and ed to: Vendor.bids@utmb.edu Instructions for proposals: Respondent is responsible for verifying receipt of by UTMB. Respondent may call the UTMB Contact listed in Section 1.5 of this RFP. Proposal must be signed and in an Adobe Acrobat (.pdf) or Microsoft Office format (Zip files are acceptable). Any response over ten megabytes (10MB) in size will be rejected. UTMB is not responsible for internet outages or other circumstances that may affect Respondent s electronic submission. submission MUST be sent to the address noted above in Section 2.2.G. s sent to the RFP Contact in Section 1.5 will NOT be accepted. NOTE: Show the RFP number and submittal date in the subject line of your Late proposals properly identified will be returned to Respondent unopened. Late proposals will not be considered under any circumstances. 2. The official time clock for ed responses shall be the date and time received and stated on in vendor.bids@utmb.edu mailbox. 3. Telephone proposals are not acceptable when in response to this Request for Proposal. 4. Facsimile ( FAX ), mailed, couriered, or hand-delivered proposals are not acceptable when in response to this Request for Proposal. 5. Links to external websites (i.e., share sites, drop boxes, etc.) to access Respondent s proposals are not acceptable when in response to this proposal. Submissions must be as an attachment to the as described above in Section 2.2.G. H. Alternate Proposal UTMB may consider alternate proposals submitted by qualified responsive firms in determining an award. Respondents submitting alternate proposals shall clearly identify any exceptions taken to the requirements listed herein, and include a detailed description of the alternate(s) proposed. Respondent(s) may suggest additions to the requirements with respect to scope of work or services performed. All such suggestions shall be clearly defined. Alternate proposals shall be submitted as an attachment to your base proposal (RFP) package. 10

11 I. Withdrawal or Modification No proposal may be changed, amended, modified by telegram or otherwise, after the same has been submitted or filed in response to this solicitation, except for obvious errors in extension. However, a proposal may be withdrawn and resubmitted any time prior to the time set for receipt of proposals. No proposal may be withdrawn after the submittal deadline without approval by UTMB which shall be based on Respondent s submittal, in writing, of a reason acceptable to UTMB. J. Validity Period Proposals are to be valid for UTMB's acceptance for a period extending through the later of either: a) 180 days from the submittal deadline date; or 2) until an Agreement is finalized. Proposals, if accepted, shall remain valid for the life of any resulting Agreement. 2.3 Pricing and Delivery Schedule A. Respondent must complete Pricing and Delivery Schedule, Section 5. B. Pricing reflects the full Scope of Work defined herein; inclusive of all associated costs for delivery, labor, insurance, taxes, overhead, and profit. C. UTMB will not recognize or accept any charges or fees to perform this work that are not specifically stated in the Respondent's proposal. D. Cash or prompt payment discounts will not be considered in determining an award. All payment discounts offered will be taken, if earned and deemed in UTMB's best interest. 2.4 Terms and Conditions The General Terms and Conditions (ref. Section 3) shall govern any Agreement issued as a result of this solicitation (RFP). A. All Respondents must comply with the requirements listed on any Notice to Respondents, Proposal Requirements, Scope of Work/Service Requirements, and General Terms and Conditions herein. In the event there is a conflict expressed in this document, interpretation will be in the following order of precedence: 1. Scope of Work/Service Requirements 2. General Terms and Conditions 3. Proposal Requirements 4. Notice to Respondents B. Respondents may offer for UTMB's consideration alternate provisions to the Terms and Conditions. Alternates proposed must refer to the specific article(s) or section(s) concerned. General exceptions such as company standard sales terms apply or will negotiate are not acceptable. Respondent's silence as to the terms and conditions shall be construed as an indication of complete acceptance of these conditions as written. Such additional or attached terms and conditions which are determined to be unacceptable to UTMB may result in disqualification of your proposal. Examples include, but are not limited to, liability for payment of taxes, subjugation to the laws of another State, and limitations on remedies. C. By signing the Execution of Offer and submitting a proposal, Respondent certifies that any attached or referenced terms, conditions, or documents are applicable to this procurement only to the extent that they do not conflict with the statutes or Administrative Code of the State of Texas, or the advertised terms and conditions, and that they do not impose additional requirements on UTMB. Respondent further certifies that the submission of a proposal is Respondent's good faith intent to contract with UTMB as specified herein and that such intent to contract is not contingent upon UTMB's acceptance or execution of any such attached or referenced terms, conditions, or other documents. 11

12 2.5 Submittal Checklist Respondents are instructed to complete, sign and return the following documents as a part of their proposal submittal. If Respondents fails to return each of these documents with its proposal, then UTMB may subject your proposal to disqualification Signed and Completed Execution of Offer (ref. Section 7) Signed and Completed Pricing and Delivery Schedule (ref. Section 5) Responses to Respondent's Questionnaire (ref. Section 6) Signed and Completed originals of the HUB Subcontracting Plan Package, if applicable (ref. Section 1.13) Signed and Completed Addenda Checklist (ref. Section 5.4) Signed and Complete W-9 Form Copy of Respondent s insurance certificate in accordance with limits stated in Rider 103 (or alternate Sample Agreement) 12

13 SECTION 3 GENERAL TERMS AND CONDITIONS 3.1 General The terms and conditions contained in UTMB s Rider 103. General Terms and Conditions ( or, in the sole discretion of UTMB, terms and conditions substantially similar to those contained in Rider 103, will constitute and govern any agreement that results from this RFP. If Respondent takes exception to any terms or conditions set forth in Rider 103, Respondent will submit a list of the exceptions as part of its proposal in accordance with Section 2.4 of this RFP. Respondent s exceptions will be reviewed by UTMB and may result in disqualification of Respondent s proposals and non-responsive to this RFP. If Respondent s exceptions do not result in disqualification of Respondent s proposal, then UTMB may consider Respondent s exceptions when UTMB evaluates the Respondent s proposal. A Sample Agreement has also been attached to this RFP as Attachment No. 1. Any agreement that results from this RFP will be materially similar to the Sample Agreement. If Respondent takes exception to any terms or conditions in the Sample Agreement, Respondent will submit a list of the exceptions as part of its proposal in accordance with Section 2.4 of this RFP. Respondent s exceptions will be reviewed by UTMB and may result in disqualification of Respondent s proposals and nonresponsive to this RFP. If Respondent s exceptions do no result in disqualification of Respondent s proposal, then UTMB may consider Respondent s exceptions when UTMB evaluates the Respondent s proposal. 13

14 SECTION 4 SCOPE OF WORK/SERVICE REQUIREMENTS 4.1 General University of Texas Medical Branch at Galveston (UTMB) requests proposals from qualified and experienced firms for repair and maintenance services for Electrical, Plumbing/Mechanical, Boiler/Chiller, Med Gas, HVAC, and/or HVAC Automation Controls, and Cooling Towers on an as needed basis, meeting the following minimum specifications stated in this Section. UTMB s intent is to award one (1) contract per discipline, however, UTMB reserves the right to award multiple contracts per discipline if deemed in UTMB s best interest. Work will be required on UTMB s main campus in Galveston, as well as off-site locations (Ref. Attachment No. 1). UTMB anticipates at least 95% of all work requested under this Contract will be in Galveston and Harris counties. A. History UTMB issues a number of orders for the above referenced services on an as needed basis throughout the year. The following chart represents the estimated average number of orders as well as the average dollar value per order for any particular year. THESE NUMBERS DO NOT REPRESENT ACTUAL INDIVIDUAL ORDERS THAT WILL BE PLACED UNDER ANY OF THE CONTRACTS RESULTING FROM THIS RFP. Mechanical / Plumbing Boiler / Chiller Med Gas HVAC Electrical Average PO Amount $ 2, $ 2, $ 5, $ 16, $ 4, Average # of PO's This information is provided for informational purposes only, and shall not be construed as a commitment by UTMB to purchase any specified quantities. This Contract is intended for single-trade work for maintenance / repair in the disciplines described on an as-needed basis. No individual order will exceed $50, Scope of Work All services performed under a resulting contract from this request for proposal shall be performed in accordance with UTMB s Master Specifications for each discipline. Any deviations to the specification will require the approval of a UTMB Business Operations and Facilities Associate Vice President. The UTMB Master Specifications are available in electronic format and can be obtained at the following link: UTMB s Master Specifications In addition, the selected contractor(s) must be able to perform the tasks outlined in this scope of work in accordance with all applicable local, state and Federal law, regulations, codes, etc. and with any other body having jurisdiction over any portion of the services required. Services shall include all labor, equipment, and materials required to complete licensed, registered, and/or non-licensed services covered under the awarded contract(s). 14

15 A. Service Category, Task Performance Period, and Response Times i. ii. Service Category Task Performance Period Contractor Response Time Standard Service Standard Non-Normal Hours Service Emergency Service Emergency Non- Normal Hours Service Normal Hours Only (M-F, 6:00am 6:00pm) After Normal Hours (M-F, 6:01pm to 5:59am, Weekends, & approved Holidays) Normal Hours Only (M-F, 6:00am 6:00pm) After Normal Hours (M-F, 6:01pm to 5:59am, Weekends, & approved Holidays) Hours from Receipt of PO (excluding weekends & holidays) Hours from Receipt of PO (including weekends & holidays) 1-4 Hours from Notice to Proceed (excluding weekends & holidays) 1-4 Hours from Notice to Proceed (including weekends & holidays) The Contractor must be able to respond to the needs of UTMB in a timely fashion. The Contractor must provide twenty-four (24) hour emergency telephone numbers at which qualified staff can be reached in case of emergency. The telephone numbers shall not be forwarded to an answering machine. iii. Contractor is required to submit their standard Holiday Schedule. Holidays will be defined as mutually agreed upon by Contractor and UTMB. B. Weather Activated Emergencies i. Contractor may be required to have qualified personnel on site immediately following a weather activated event or other emergency situation as deemed necessary by the UTMB Project Manager or his/her designee. Employees shall have completed National Incident Management (NIMS) Training module ICS 100 for front line staff. Mid-management and above shall have completed ICS 100 and ICS 700. Work during a federally declared emergency should only be done when accompanied by a Logistics Section completed resource request ICS Form 213RR or equivalent. ii. iii. Contractor shall turn in daily time tickets to UTMB for each contract employee who works at UTMB during a weather activated emergency event. UTMB will provide the forms Contractor must complete to record the daily time of Contractor personnel. UTMB may direct that Contractor conducts headcounts of Contractor s response personnel for each operation period, and may require that the headcounts be witnessed by the UTMB Project Manager or his/her designee. Documentation of the headcounts will be provided to the UTMB Project Manager or his/her designee and the Time Unit Leader of UTMB s Incident Command which may be activated during a weather activated emergency. C. Trade Classifications Contractor is required to have been licensed and/or registered with the State of Texas in the trade(s), which they are submitting proposal(s) for, for a minimum of five (5) years at the time of the Request for Proposal deadline. i. Electricians Service ii. iii. iv. Plumbers Service Mechanical Service Boiler/ Chiller Service and Repair v. Med Gas Systems Service and Repair 15

16 vi. vii. Air Conditioning and Ventilation System Service and Repair including HVAC Control System Service and Repair and Duct Cleaning Services Cooling Towers 4.3 Request for Pricing UTMB shall prepare a Request for Pricing identifying the project and description in drawings (if applicable), specifications, and other appropriate materials, the intended scope and character of the project and the schedule for the project. In response to a Request for Pricing, the Contractor shall provide UTMB with a written proposal within two (2) to five (5) days (maximum) from receipt of written Request for Pricing for each work request submitted to Contractor. Pricing per each request shall be quoted in agreement with the rates defined in this Contract. In addition, the work proposal shall include the following: A. A narrative description of Contractor s understanding of the project scope of work B. A description of particular phases of the scope of work, if applicable C. A Cost Proposal detailing: i. Title(s) of personnel used for the work ii. Number of hours needed to complete the work (NTE) iii. Parts to be used and their cost; and iv. Cost of any rental equipment needed, if applicable Materials and labor should be separated D. A proposed date to commence the work 4.4 Work Proposal Review UTMB and Contractor shall review Contractor s work proposal and negotiate any changes, clarifications, or modifications as required. The Contractor shall submit a revised work proposal incorporating any changes, clarifications, or modifications made in the review process. UTMB may accept, reject, or seek modification of any work proposal. 4.5 Notice to Proceed Upon approval of a specific work proposal by UTMB, UTMB shall issue a written Purchase Order. The Purchase Order authorizes the Contractor to begin the work identified in the work proposal on the date specified in the PO. In the event of an emergency situation only, as defined by UTMB, UTMB will issue a written Notice to Proceed authorizing the start of the work, to be followed by an official Purchase Order. The Contractor shall complete the Work within the number of days specified in the work proposal accepted by UTMB, subject to extensions of time approved by UTMB through a Change Order. The time set forth for completion of work for each order is an essential element of the work request. 4.6 Delivery A. Failure of the Contractor to notify UTMB sufficiently in advance of inability to complete shipment or perform work within the approved schedule, shall grant UTMB the option of canceling the order, purchasing from the best available source, and charging the Contractor the difference between the Agreement price and actual purchase, if any, plus cost of handling. B. In no event shall substitutions or changes be permitted without the express written authorization of the UTMB Purchasing Department. All such authorization shall be in the form of a Purchase Change Order. 16

17 4.7 Warranty In addition to the warranties set forth per the attached UTMB Standard Terms and Conditions, Contractor warrants all items against defects in materials, workmanship and quality. A. Contractor agrees to repair or replace all defective equipment, or component thereof, promptly without any additional cost to UTMB, excepting those failures attributable due to accident, fire, or negligence on the part of UTMB. B. Contractor shall warranty all work performed under this contract for a period of one (1) year from the completion date of service provided. C. For purchased equipment, all components and accessories shall carry, at the minimum, a one (1) year on-site warranty. 4.8 Miscellaneous Provisions A. Authorized Dealers Contractor must be authorized by an agreement signed between the Contractor and the Manufacturer, qualified and have the authority to: B. Personnel Sell new equipment per Contract Law Pass the Manufacturer's warranty through the Dealer to UTMB Sell the Manufacturer's extended warranty contracts Contractor will maintain a staff of properly trained and experienced personnel to ensure satisfactory performance under this Agreement. Contractor will cause all persons connected with the Contractor directly in charge of the work are duly registered and/or licensed under all applicable federal, state and local, laws, regulations, and ordinances. Contractor will assign to the Project a designated representative who will be responsible for the administration and coordination of the work. Contractor will furnish efficient business administration and coordination and perform the work in an expeditious and economical manner consistent with the interests of UTMB. C. Contractor s Equipment Contractor shall supply all tools and equipment required for the execution of the assigned work. A detailed Equipment List must be provided in your response. i. Non-Compensable Equipment All trade-related equipment, hand tools and power tools, normally supplied with the labor to complete services are not compensable. provision and use of this equipment shall be included in the Labor rate. The ii. Compensable Equipment When special equipment (as agreed to by UTMB) is required to perform the work, compensation to the Contractor shall be as follows: a. Rented Equipment (used directly on the work and by the Contractor s own forces) shall be compensable at actual rental invoice cost to the contractor with no markup allowance. b. Owned Equipment (used directly on the work and by the Contractor s own forces) shall be compensable at the Contractor s standard rate with no markup allowance. Daily rate is not to exceed 3% of the monthly rental rate as identified by a nationally recognized construction cost estimating guide or service. 17

18 D. Material Inventory Contractor must maintain adequate stocks of parts and materials, both on service vehicles and at local office locations to allow for the timely completion of assigned tasks. i. All equipment, parts, and materials shall be provided and installed in accordance with the American Society for Testing and Materials (ASTM), American National Standards Institute (ANSI), and all State and Local Building and Fire Codes. ii. All equipment and materials provided must meet UTMB specifications or approval. E. Temporary Utilities Contractor shall have temporary use of electrical power, water, etc. from existing outlets as directed by UTMB. Contractor shall furnish all connections and extensions from these outlets at their own expense. 4.9 UTMB s Project Manager All the work performed hereunder shall be scheduled, coordinated, reviewed and approved by the UTMB s Project Manager(s). The Project Manager(s) shall decide all questions which may arise as to the fulfillment of any work performed by Contractor, and his/her determination and decision thereon shall be final and conclusive. An alternate will be identified to perform this function when the UTMB Project Manager(s) is not available. A. Contractor represents, warrants and agrees that (a) it will use commercially reasonable efforts to perform the work in a good and workmanlike manner and in accordance with commercially reasonable standards of Contractor s profession or business, and (b) all of the work to be performed will be of the quality that prevails among similar businesses engaged in providing similar services in major United States urban areas under the same or similar circumstances. B. Contractor will call to UTMB s attention in writing all information in any materials supplied to Contractor (by UTMB or any other party) that Contractor regards as unsuitable, improper or inaccurate in connection with the purposes for which the material is furnished. C. Contractor warrants and agrees that the work will be accurate and free from any material defects. Contractor's duties and obligations under this Agreement will at no time be in any way diminished by reason of any approval by UTMB nor will Contractor be released from any liability by reason of any approval by UTMB, it being agreed that UTMB at all times is relying upon Contractor's skill and knowledge in performing the work. D. Contractor will, at its own cost, correct all material defects in the work as soon as practical after Contractor becomes aware of the defects. If Contractor fails to correct material defects in the work within a reasonable time, then UTMB may correct the defective work at Contractor s expense. This remedy is in addition to, and not in substitution for, any other remedy for defective work that UTMB may have at law or in equity Ownership and Use of Work Material A. All drawings, specifications, plans, computations, sketches, data, photographs, tapes, renderings, models, publications, statements, accounts, reports, studies, and other materials prepared by Contractor or any subcontractors in connection with the work (collectively, "Work Material"), whether or not accepted or rejected by UTMB, are the property of UTMB and for its exclusive use and re-use at any time without further compensation and without any restrictions. B. Contractor grants and assigns to UTMB all rights and claims of whatever nature and whether now or hereafter arising in and to the Work Material and will cooperate fully with UTMB in any steps UTMB may take to obtain patent, copyright, trademark or like protections with respect to the Work Material. C. UTMB will have the right to use the Work Material for the completion of the work or otherwise. UTMB may, at all times, retain the originals of the Work Material. The Work Material will not to be used by any person other than UTMB on other projects unless expressly authorized by UTMB in writing. D. The Work Material will not be used or published by Contractor or any other party unless expressly authorized by UTMB in writing. Contractor will treat all Work Material as confidential. 18

19 4.11 Invoicing A. Invoices shall provide adequate detail labor, materials, and if appropriate, rentals. All items shall be broken out with line item details and all required backup (work tickets, invoices, receipts, etc.) shall be made available upon request to UTMB. UTMB shall not pay for hours not on-site, i.e., travel time, etc. B. Invoices shall be presented upon completion and acceptance of individual jobs. No partial invoices will be accepted without prior approval from UTMB. C. Invoicing Requirements for Weather Activated and Other Emergencies i. Contractor invoices will be written and documented so as to maximize the reimbursement of cost provided by the Federal Emergency Management Agency (FEMA) public assistance program (in federally declared disasters), and insurance claims. Failure to submit invoices as directed by UTMB for services rendered during a weather activated event or other emergency will delay payment to Contractor. ii. Weather activated and other Emergency services shall be billed separately from normal maintenance invoices. Invoices for these services must include the name of the UTMB building where services were performed, a description of the work performed, and the following information per Contractor employee who performed the work: name and title, date(s) of service, hours per day, and rate per hour. Rates for labor will be as quoted in Pricing Schedule (ref. Section 6). Cost for parts and additional services must be itemized. Parts will be billed to UTMB in accordance with established Agreement pricing. Any and all mileage and travel time to and from the job site is not reimbursable. Mileage and travel costs shall be included in the hourly rates as quote in Section Contractor s Responsibilities It is not the intent of this document to describe all existing conditions. A. Contractor must be able respond immediately to UTMB s request for work. Response by phone or shall be within one (1) hour. Generally, UTMB and Contractor will schedule when Contractor will come to campus to perform the work, however, UTMB reserves the right to request Contractor to be on-sight within four (4) hours of request, including after hours and weekends for emergency situations. B. Contractor will maintain a staff of properly trained and experienced personnel to ensure satisfactory performance under this Scope of Work. The Contractor and individuals connected to Contractor who are performing work at UTMB must be duly registered and/or licensed under all applicable federal, state, and local laws, regulations, and ordinances. C. Contractor shall designate a representative who will be responsible for the administration and coordination of the work required under this Agreement. Contractor will furnish efficient business administration and coordination and perform the services in an expeditious and economical manner consistent with the interests of UTMB. D. Contractor s personnel employed by Contractor to work at UTMB shall be competent and experienced in their respective discipline, with a minimum of three (3) years experience in the type of service they are providing. E. UTMB may at any time request the resume of any employee assigned to perform work at UTMB. Any Contractor personnel, who, in the opinion of UTMB, do not perform their duties satisfactorily, will be replaced upon the request of UTMB. F. A Security Clearance Check and a Urine Drug Test must be performed for each of Contractor s employees and agents performing work on UTMB s premises. The type and scope of the Security Clearance Check and Urine Drug Test is indicated in the Contractor s Security Clearance Requirements incorporated herein as Attachment No. 2. G. Contractor personnel may be required to perform work in the Texas Department of Criminal Justice Hospital (TDCJ Hospital) and the Galveston National Laboratory (GNL), and are therefore subject to additional clearance requirements than those required by UTMB s standard security clearance check. 19

20 H. Contractor represents, warrants, and agrees that (a) it will use commercially reasonable efforts to perform the work in a good and workmanlike manner and in accordance with commercially reasonable standards of Contractor s profession or business, and (b) all of the work to be performed will be of the quality that prevails among similar businesses engaged in provided similar services in major United States urban areas under the same or similar circumstances. I. Contractor warrants and agrees that the work performed will be accurate and free from any material defects. Contractor s duties and obligations under this Agreement will at no time be in any way diminished by reason of any approval by UTMB nor will Contractor be released from any liability by reason of any approval by UTMB, it being agreed that UTMB at all times is relying upon Contractor s skill and knowledge in performing the work. J. Contractor will, at its own cost, correct all material defects in the work as soon as practical after Contractor becomes aware of the defects. If Contractor fails to correct material defects in the work within a reasonable time, the UTMB may correct the defective work at Contractor s expense. This remedy is in addition to, and not in substitution for, any other remedy for defective work that UTMB may have at law or in equity. K. Contractor shall diligently verify the accuracy and suitability of any plans, sketches, instructions, information, requirements, procedures, and any other data supplied to Contractor by UTMB or any other party that Contractor may use in the performance of the requirements of this Scope of Work. L. Contractor will call to UTMB s attention, in writing, all information in any materials supplied to Contractor (by UTMB or any other party) that Contractor regards as unsuitable, improper, or inaccurate in connection with the purposes for which the material is furnished. M. Contractor will be responsible for obtaining their own parking and for all costs associated with parking Environmental Regulations A. Contractor shall conduct activities in compliance with applicable laws and regulations and other requirements of the Agreement relating to the environment and its protection at all times. Unless otherwise specifically determined, UTMB is responsible for obtaining and maintaining permits related to stormwater run-off. Contractor shall conduct operations consistent with stormwater run-off permit conditions. Contractor is responsible for all items it brings to the site, including hazardous materials, and all such items brought to the site by its subcontractors and suppliers, or by other entities subject to direction of Contractor. Contractor shall not incorporate hazardous materials into the work without prior approval of UTMB, and shall provide an affidavit attesting to such in association with request for substantial completion inspection Worksite Conditions A. All work must be performed in a safe manner in compliance with UTMB s Master Specifications (ref. Section 4.2). Awarded Contractors shall provide access to the referenced documents to their staff and insure said staff understands and complies with all specifications referenced therein. B. Contractor shall, at its sole expense, immediately correct any dangerous condition caused by or as a result of the Contractor s work. C. Contractor shall be held solely responsible for any damage to existing structures, systems, equipment, and/or site caused by their representatives and employees and shall repair or replace same to its original condition at no additional cost to UTMB. D. If any shutdown of services is required, Contractor must contact UTMB prior to shutdown. E. Contractor shall keep the work site cleaned and swept on a daily basis, or more often if required to keep premises clean and safe. F. Contractor must remove all rubbish, materials, and debris from the work site on a daily basis. UTMB trash receptacles shall not be used for the disposal of Contractor-generated debris. G. Existing walks, driveways, and parking areas are to be kept free and clean at all times. 20