NORTH TEXAS TOLLWAY AUTHORITY RFP- 03802-NTT-00-GS

Transcription

NORTH TEXAS TOLLWAY AUTHORITY
RFP- 03802-NTT-00-GS-SM
LARGE FORMAT VIDEO WALL SYSTEM
PROPOSALS DUE:
February 11, 2015 3:00 pm CST
At the following location:
Attn: Procurement Services
5900 West Plano Parkway, Suite 100
Plano, Texas 75093
PRE-PROPOSAL MEETING:
January 20, 2015 2:00 pm CST
At the following location:
NTTA Boardroom
Plano, Texas 75093
Vendor Information Page
Please Print or Type
FIRM’S NAME:
FIRM’S PHYSICAL ADDRESS:
CITY/STATE/ZIP:
FIRM’S MAILING ADDRESS:
CITY/STATE/ZIP:
TELEPHONE NUMBER:
FAX NUMBER:
EMAIL ADDRESS:
TAXPAYER IDENTIFICATION NUMBER:
The undersigned affirms that he or she is authorized to submit the firm’s response to this RFP
and execute a contract between the firm and the North Texas Tollway Authority. The
undersigned further affirms that all of the statements and representations made in the response
were made based on reasonable inquiry and are complete and accurate to the best of the
knowledge of the undersigned. The NTTA reserves the right to reject any response found to
contain false, misleading or inaccurate information. By signing and submitting this response the
firm certifies that it understands the terms and conditions of this RFP and that it agrees with
such terms and conditions except those to which it specifically objects in writing.
FIRM’S AUTHORIZED AGENT
AUTHORIZED AGENT’S SIGNATURE
TITLE
Acknowledgement of Addendum (please initial for each addendum)
Addendum #1
Addendum#2
Addendum #3
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Addendum #4
Addendum #5
REQUIRED RESPONSE CHECKLIST
The following checklist is provided as a convenience to aid Proposers in responding to this RFP.
The items shown in the checklist must be included in your response.
Vendor Information Form
Attachment A –
Confidentiality and Non-Disclosure Statement
Attachment B –
Conflict of Interest Questionnaire
Affidavit Conflict of Interest and Disclosure Statement
NTTA Supplement to Conflict of Interest Questionnaire
Debarment, Litigation and Termination Declaration Form
Attachment C –
Diversity Compliance Forms (Commitment Form NTTA 4906)
Attachment E –
Cost Proposal & Performance Statement
Comprehensive Technical Proposal as described in Section II; C; 4
Addenda acknowledgements, if applicable (the signed acknowledgement form must be
included in the response to the RFP)
Questions about the RFP should be directed via e-mail to Reggie Sanderfer, Senior Buyer, at
[email protected] no later than January 28, 2015 at 4:00pm CST.
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I.
INTRODUCTION
A.
BACKGROUND
The North Texas Tollway Authority (NTTA) is a regional tollway authority governed by Chapter
366 of the Texas Transportation Code authorized to acquire, construct, maintain, repair and
operate turnpike projects in the North Texas region. The NTTA serves its member counties of
Collin, Dallas, Denton and Tarrant and is responsible for the NTTA System, consisting of the
Dallas North Tollway, the President George Bush Turnpike, Sam Rayburn Tollway, Addison
Airport Toll Tunnel, Lewisville Lake Toll Bridge and the Mountain Creek Lake Bridge, and the
NTTA Special Projects System, consisting of the President George Bush Turnpike – Western
Extension and the Chisholm Trail Parkway. NTTA is governed by a nine-member board of
directors (Board) with two members appointed by each of the four NTTA member counties. A
ninth member is appointed by the Governor of Texas. The following individuals currently serve
on the NTTA Board of Directors:
Chairman Kenneth Barr (Tarrant County)
Vice Chairman Bill Moore (Collin County)
Mojy Haddad (Tarrant County)
Jane Willard (Collin County)
Gary Kloepper (Denton County)
Matrice Ellis-Kirk (Dallas County)
George “Tex” Quesada (Dallas County)
Michael R. Nowels (Denton County)
William D. Elliott (Governor’s appointee)
More information on the NTTA can be obtained by visiting the NTTA’s web site at www.ntta.org.
NTTA's mission is to provide a safe and reliable toll road system, increase value and mobility
options for our customers, operate the Authority in a businesslike manner, protect our
bondholders, and partner to meet our region's growing need for transportation infrastructure.
B.
INTENT
The purpose of this request for proposals is to solicit proposals for a Large Format Video Wall
System.
Sealed proposals marked 03802-NTT-00-GS-SM Large Format Video Wall System will be
received by Reggie Sanderfer, Senior Buyer, North Texas Tollway Authority, 5900 West Plano
Parkway, Suite 100, Plano, TX, 75093.
Proposals will be accepted until February 11, 2015 at 3:00pm CST. Proposals submitted after
this date and time will be returned unopened to the submitting firm/individual. The Authority will
require strict compliance with the sealing, marking and timely delivery of all submittals.
NTTA is not responsible for delays caused by the U.S. Postal Service, the internal mail delivery
system of the NTTA, or any other means of delivery employed by the Proposer. Similarly,
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NTTA is not responsible for, and will not open, any proposal responses which are received later
than the date and time indicated above. The time stamp device in the customer reception lobby
is the official time clock used for the purpose of the due date and time of the proposals. Any
discrepancies between this official time clock and any other time keeping devices are not the
responsibility of the NTTA.
NTTA reserves the right, in its sole discretion, to waive any technicality in a response to this
RFP, provided such action is in the best interests of the NTTA. Where NTTA waives minor
technicalities in a Proposal, such waiver does not modify the RFP requirements or excuse the
Respondent from full compliance with the RFP. Notwithstanding the waiver of any minor
technicalities, NTTA holds all Respondents to strict compliance with the RFP.
C.
TELEGRAPHIC/ELECTRONIC PROPOSAL RESPONSES
Proposal responses sent by facsimile machines or email are not acceptable and will be rejected
upon receipt. Vendors will be expected to allow adequate time for delivery of their proposal
responses either by airfreight, postal services, or by other means.
D.
TERMS OF CONTRACT
The contract will become effective upon final execution of contracts by both parties. The
contract period will be for five (5) years. This contract may be terminated by the NTTA with a
thirty (30) day written notice to the other party regardless of the reason.
E.
INQUIRIES
Questions about this RFP should be directed via e-mail only to Reggie Sanderfer, Senior Buyer
at [email protected] , no later than January 28, 2015 at 4:00pm CST. The subject line of
any email should include the following: “Question - 03802-NTT-00-GS-SM”
Correspondence with individuals other than those listed herein will not be allowed:
From the issuance date of this RFP until a firm/individual is selected and the selection is
announced, firms are not allowed to communicate regarding this RFP with any NTTA officer,
employee or consultant. Any inquiry regarding this RFP must be directed to the contact listed
above. NTTA reserves the right to disqualify any Proposer who is found in violation of this
provision. No questions other than written via email will be accepted, and no response other
than written will be binding upon the Authority. Written responses to questions will be provided
to all recipients of the RFP.
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F.
INTERPRETATIONS AND ADDENDA
No interpretation or modification made to any respondent as to the meaning of the RFP will be
binding on the North Texas Tollway Authority unless submitted in writing and distributed as an
addendum by NTTA. Interpretations and/or clarifications must be requested in writing and
directed to Reggie Sanderfer, Senior Buyer, at the address or e-mail noted above. Information
obtained otherwise will not be considered in awarding of contract. All addenda will become part
of the RFP.
G.
LANGUAGE, WORDS USED INTERCHANGEABLY
The word AUTHORITY, Authority or NTTA refers to the NORTH TEXAS TOLLWAY
AUTHORITY throughout this document. Similarly, Respondent, Vendor, and Proposer refer to
the person or company submitting an offer to sell its goods or services to the Authority. The
words Proposal and, Quotation, are all offers from the Proposer. NTTA has established for the
purposes of this RFP that the words “must” or “will” are equivalent in this RFP and indicate a
mandatory requirement or condition, the material deviation from which will not be waived by the
Authority. A deviation is material if, at the sole discretion of the Authority, the deficient response
is not in substantial accord with this RFP’s mandatory condition requirements. The words
“should” and “may” are equivalent in the RFP and indicate very desirable conditions or
requirements but are permissive in nature. Deviation from, or omission of, such a desirable
condition or requirement will not in and of itself cause automatic rejection of a proposal, but may
result in being considered as not in the best interest of the Authority.
H.
SCOPE
The scope for this project is Attachment D for this solicitation document.
II.
RESPONSE TO THIS RFP
A.
EXAMINATION OF RFP DOCUMENTS
Failure of any Proposer to receive or examine any form, instrument, addendum or other
document will in no way relieve any Proposer from any obligation with respect to their proposal
or to any contract resulting from this proposal. The submission of a proposal will be taken as
conclusive evidence of compliance with this condition. Failure to meet this condition may result
in rejection of any offering on this proposal.
B.
PROPRIETARY INFORMATION
Any proprietary information contained in the Response must be so indicated with the following
notation in BOLD letters at the top and bottom of the page, THIS PAGE CONTAINS
PROPRIETARY INFORMATION. A general statement that the entire content or major portion,
of the Response is proprietary will not be honored. Firms should be aware that all information
submitted is subject to public disclosure under the provisions of the Texas Public Information
Act (Chapter 552 of the Texas Government Code)
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C.
PROPOSAL SUBMITTAL GUIDELINES
Proposals should be as brief and concise as possible, providing relevant information and
excluding marketing materials. Responses are limited to 20 pages (8.5x11), single sided and
will included typed text, graphics, charts and photographs. Charts and Exhibits may be a larger
size but must be folded to the standard size when submitted. Each proposal must include all of
the following content in each of the following sections:
1.
Cover Letter: A brief one-page cover letter should summarize key elements of the
proposal. The cover letter should include the name, address and telephone number of
the proposer and all key personnel that will assist in providing the requested equipment
and service.
The letter should be signed by an individual authorized to submit the
required information to the NTTA.
2.
Table of Contents: Describe the contents of the proposal (one page)
3.
Vendor Information Page: An individual authorized to bind the consultant’s firm must
sign the vendor information page. Indicate the address and telephone number of the
contact person for this assignment. (This does not count against your total of 20 pages)
4.
5.
Technical Proposal addressing the following elements:
•
All items described in the Scope of Services
•
All areas described in Section E; 1)
Firm Experience and Qualifications:
a. A brief descriptive statement indicating the Proposer’s credentials to deliver
equipment and services sought under this RFP.
b. Areas of specialization.
c. A brief description of Proposer’s background and organizational history.
d. List of all awards, certifications and recognitions received that are applicable to the.
e. Years in business.
f.
Location of offices.
g. Form of business (i.e., individual, sole proprietor, corporation, non-profit, joint
venture, Limited Liability Company, etc.)
h. A statement as to whether Proposer or any of the Proposer’s employees, agents,
independent contractors, or subcontractors have been convicted of or plead guilty to
any felony; and if so, an explanation providing relevant details.
i.
A personnel roster of key staff who will be assigned by Proposer to perform with
equipment services under the agreement
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j.
Details of any failed agreements, and/or refusal to complete an agreement within the
last (5) years. If an agreement has been cancelled or terminated, provide name,
address and phone number of the client who terminated the agreement. Explain
reasons for cancellation.
6.
References:
Provide the names and contact person(s) of your firms’ five (5) most
relevant references for which your firm has provided equipment and services
comparable to the equipment and services described herein over the past three (3)
years. At a minimum, the following information should be included for each reference:
a. Name, address and contact information of references, including email address
(reference should be the appropriate staff member that was associated with that
project)
b. Description and scope of work
c. Explanation of perceived relevance of the experience to the RFP.
7.
Added Value Technology or services: a description of any added value your firm will
provide if selected that distinguishes you from your competitors. If there is an additional
cost to the added value you provide indicate the costs as part of the description.
7.
Cost Proposal
Please utilize the cost matrix located in Attachment E. Do not make any changes to the cost
matrix.
III.
PROPOSAL REQUIREMENTS
A.
SUBMISSION OF PROPOSALS
The proposer must submit one (1) original hard copy and five (5) additional hard copies of the
complete written proposal to:
Procurement Department – Reggie Sanderfer, Senior Buyer
North Texas Tollway Authority
Plano, TX 75093
03802-NTT-00-GS-SM
The respondent should clearly mark the outermost envelope of the submittal with 03802-NTT00-GS-SM Large Format Video Wall Systems. The NTTA is not responsible for submittals
received but not clearly marked. It will be the responsibility of each bidder to deliver its proposal
to the NTTA Buyer at the above listed address before or by the time listed above for its bid to
be considered. The NTTA customer receptionist will stamp the date and time on the proposal
envelope upon receipt and this will serve as the official date and time used for the bid opening
purpose. Any discrepancies between the official time and any other time keeping devices will
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not be the responsibility of the Authority. Faxed, oral, or telephoned bids will not be accepted.
Late bids will be returned unopened.
B.
SCHEDULE OF EVENTS
Public notification/advertisement
January 9, 2015
January 16, 2014
February 11, 2015 3:00 pm CST
Pre-Proposal Meeting
Deadline for submitting questions
RFP Responses due
Questions concerning the RFP are due in writing via e-mail to Reggie Sanderfer Senior Buyer at
[email protected]. All responses to such questions will be distributed to all potential
respondents.
C.
OFFICIAL TIME CLOCK
The time stamp device in the customer reception lobby is the official time clock used for the
purpose of the due date and time of the proposals. Any discrepancies between this official time
clock and any other time keeping devices are not the responsibility of the NTTA. Late proposals
will be returned unopened to the submitting firm.
D.
PROPERTY OF NORTH TEXAS TOLLWAY AUTHORITY
All copies and contents thereof of any proposal, attachment, and explanation thereto submitted
in response to this RFP, except copyrighted material, will become the property of the Authority
regardless of the proposer selected. All copyrighted material must be clearly marked indicating
the copyrighted status. NTTA will be held harmless from any claims arising from the release of
proprietary information not clearly designated as such by the proposing firm.
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E.
EVALUATION OF PROPOSALS
The award of the contract shall be made to the responsible proposer(s) whose proposal is
determined to be the most advantageous and provides the best overall proposal to NTTA.
1) BEST VALUE EVALUATION
During stage I evaluations, proposals deemed responsive will be evaluated based on the
following criteria listed below:
Best Value Scoring
A. Understanding and General Approach to the Project Scope
as described in your Technical Proposal
B. Methodology for Installation and Maintenance of the Video Wall
as described in your Technical Proposal
C. Added Value Technology or Services as described in your
response to this RFP
D. Cost Proposal
E. DBE and M/WBE Performance Plan
Points
30
25
25
10
10
1. DBE and M/WBE Performance Plan describing the methods to be
employed for achieving NTTA’s goals for meaningful and significant DBE
and M/WBE participation
Total
100
Upon completion of stage I evaluations, NTTA reserves the right to shortlist proposers based on
ranking from stage I in order to conduct presentations with shortlisted firms reasonably
susceptible of being selected for award. During the evaluation process, NTTA reserves the right
to enter discussions with proposers in order to clarify responses. All proposers will be accorded
fair and equal treatment with respect to any opportunity for discussions and revision of
proposals. Revisions to proposals may be permitted after submission and before award for the
purpose of obtaining best and final offers as determined to be in the best interest of the NTTA.
2) STAGE TWO EVALUATION
In stage two, the short-listed respondents will make a formal presentation to the evaluation
committee. The evaluation committee will interview the respondents at the time of the
presentation. The evaluation committee will score each presentation/interview utilizing the
criteria listed below.
Experience and Qualifications
Methodology
Cost Proposal
Business Diversity Component
40%
40%
10%
10%
All short-listed firms will be notified by Procurement Services via letter of the date, time, and
location of interview/presentation as well as the format for their presentation.
IV. ADDITIONAL TERMS & CONDITIONS
A.
OPEN RECORDS
Respondents are advised that information included in a proposal is subject to the Texas Public
Information Act, Chapter 552 of the Texas Government Code (the Act). Information a third party
submits to or prepares on behalf of NTTA is subject to the Act and must qualify for an exception
provided by the Act to be withheld from public disclosure. Information is not confidential under
the Act simply because the party submitting the information anticipates or requests that it be
kept confidential. NTTA cannot bring information within an exception to disclosure under the
Act merely through a contract or agreement to keep the information confidential. Accordingly, a
Respondent whose proposal may include information that the Respondent believes in good faith
to be proprietary or commercial information and that the Respondent otherwise keeps
confidential for competitive reasons is responsible for identifying and proving that such
information qualifies for an exception to public disclosure under the Act. Each item of such
information must be separately and conspicuously labeled “Confidential Proprietary
Information.” NTTA, its directors, officers, employees, agents, and attorneys will not be liable for
any disclosure of any information submitted in a response to this RFP. By submitting a
proposal, the Respondent waives any claim against, and releases from liability, NTTA, its
directors, officers, employees, agents, and attorneys with respect to disclosure of any
information included in the proposal, including information labeled as “Confidential Proprietary
Information.” The Respondent also authorizes NTTA, at its sole option, to submit any
information contained in the proposal, including information the Respondent has labeled as
being proprietary, to the Office of the Attorney General for a determination as to whether any
such information submitted by the Respondent may be excepted from public disclosure under
the Act, either by its provisions alone or in conjunction with other law. For the purpose of asking
the Office of the Attorney General to determine whether an exception to disclosure exists for
information the Respondent deems to be proprietary, NTTA will submit to the Attorney General
only that information the Respondent has specifically labeled “Confidential Proprietary
Information.”
B.
AWARD NON-EXCLUSIVE
NTTA may award one or more contracts to each Proposer. There will be no minimum amount
of services awarded any Proposer under this RFP. The successful Proposers will assume total
responsibility for all deliverables awarded to them. Further, the NTTA will consider the
successful Proposers to be the sole point of contact with regard to contractual matters, including
payment of all charges resulting from the contract. No sub-contractor will be paid directly by
payment of all charges resulting from the contract. No sub-contractor will be paid directly by
NTTA. The successful Proposers will be solely responsible for the success of any portion of
and the entire project awarded to them under this RFP. Unless expressly stated otherwise all
proposals shall be considered valid until the proposal evaluation, award, and contract execution
process is completed (estimated 90 – 150 days).
C.
INVOICING
All invoices must agree with the purchase order in description and price and must include a
Purchase Order Number and a Ship-to department name and address. If the invoice does not
agree with the purchase order, credits or a correct invoice will be required in order for the
Authority to process payment. Invoices that do not reference an authorized Purchase Order will
be returned to the Vendor.
In order to ensure prompt payment, ALL ORIGINAL INVOICES MUST BE SENT TO:
North Texas Tollway Authority
Accounts Payable
Post Office Box 260729
5900 West Plano Parkway
Suite 100
Plano, TX 75093
D.
THIRD-PARTY “REMIT-TO”
If a Proposer has a third-party “remit-to” company, that information must appear on the
Proposer’s response. NTTA will send payment to the company designated on the Proposer’s.
However, the Authority will not be responsible for resolving payment issues should the Proposer
change payment processing companies after a payment has been mailed or without 45-day
written notification to the Purchasing and Accounting divisions of NTTA.
E.
TAX EXEMPT AUTHORITY
All payments to be made by the Authority to the Vendor pursuant to the Contract are inclusive of
federal, state, or other taxes, if any, however designated, levied, or based. The Authority is a
tax-exempt entity under Sections 151.309, et seq., of the Texas Tax Code. Title to any
consumable items purchased by the Vendor in performing the Contract will be deemed to have
passed to the Authority at the time the Vendor takes possession or earlier, and such
consumable items must immediately be marked, labeled, or physically identified as the property
of the Authority, to the extent practical.
F.
STATEMENT OF CONFIDENTIALITY
Proposer agrees that any information accessed or gained in performance of those duties will be
maintained in absolute confidence and will not be released, discussed, or made known to any
party or parties for any reason whatsoever, except as required in the conduct of duties required,
or where disclosure is required by law or mandated by a court of law. Proposers must submit
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the “Confidentiality and Non-disclosure Statement, Attachment A and return it with their
proposals in a section labeled “REQUIRED NTTA FORMS”.
G.
LAWS AND REGULATIONS
All applicable State of Texas and federal laws, ordinances, licenses and regulations of a
governmental body having jurisdiction will apply to the award throughout as the case may be,
and are incorporated here by reference. Any contract executed based on award of this RFP
must stipulate that governing law will be the State of Texas.
H.
INCURRING COSTS
All costs incurred in preparing the Proposal, or costs incurred in any other manner by the
respondent in responding to this Request for Proposal, will be wholly the responsibility of the
respondent. All materials, supporting materials, correspondence and documents submitted in
response to this Request for Proposal will become the property of NTTA and will not be
returned.
I.
NEGOTIATIONS
NTTA reserves the right to negotiate the terms and conditions of the contract with any of the
evaluated Proposers. Should the successful Proposer and NTTA fail to come to an agreement,
the Authority may at its sole discretion award services to any of the remaining Proposers. The
Proposer to whom the contract is awarded will be required to enter into a written contract with
NTTA in a form approved by legal counsel for the Authority. This RFP and the proposal, or any
part thereof, will be incorporated into and made a part of the final contract.
J.
CLARIFICATION
Respondent may be requested to provide additional information and/or clarify contents of their
proposal package. Other than information requested by the Authority, no proposer will be
allowed to alter the proposal or add new information after the final filing date.
K.
HOLD HARMLESS AGREEMENT
Proposer agrees to protect, defend, indemnify and hold harmless NTTA and its DIRECTORS,
OFFICERS, AGENTS and employees from any and all costs, claims, and damages of every
kind and nature made, including attorneys’ fees, rendered or incurred by or in behalf of every
person or corporation whatsoever, including the parties hereto and their employees that may
arise, occur, or grow out of any acts, actions, work or other activity done by the Proposer, its
employees, sub-contractors or any independent contractor working under the direction of either
the Proposer or subcontractor in the performance of this contract.
L.
CONFLICT OF INTEREST QUESTIONNAIRE AND CONFLICT OF INTEREST &
DISCLOSURE AFFIDAVIT
A Conflict of Interest Questionnaire and Conflict of Interest and Disclosure Affidavit are attached
as Attachment B, and incorporated herein for all purposes; both must be signed and returned
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with Respondent’s completed proposal, additional the affidavit must be notarized. These
completed forms must be included in the section labeled “REQUIRED NTTA FORMS”.
M.
EQUAL OPPORTUNITY
Each Proposer submitting a proposal agrees not to refuse to hire, discharge, promote, demote,
or to otherwise discriminate in matters of compensation against any person otherwise qualified
solely because of race, creed, sex, sexual orientation, gender identity, veteran status, national
origin, ancestry or physical handicap.
N.
BUSINESS DIVERSITY POLICY INFORMATION
The Business Diversity Department (BDD) information related to this procurement can be found
in Attachment C.
O.
DISCLAIMER OF LIABILITY
The Authority will NOT hold harmless or indemnify any successful Proposer for any liability
whatsoever.
P.
INSURANCE
The insurance requirements for this solicitation are located as Attachment F. If selected for this
project the selected firm will be required to provide proof of all coverage and waivers described
in Attachment F. Failure or inability to provide proof of these insurance requirements will render
the proposers submittal for this project to be deemed non-responsive and the NTTA will reject
the proposal in its entirety.
Q.
LICENSES/CERTIFICATES
NTTA reserves the right to require documentation that each Proposer is an established
business and is abiding by the Ordinances, Regulations, and Laws of their community and the
State of Texas.
If you are required by any regulatory agency to maintain professional license or certification to
provide any product and/or service solicited under this RFP, the Authority reserves the right to
require you to provide documentation of your current license and/or certification before
considering your proposal and/or before awarding a contract.
R.
GENERAL
NTTA expressly reserves the right to reject any or all proposals, in whole or in part; or to repropose; and to make the award on merit and/or features of design, quality, delivery, and
service as determined to be in the best interest of the Authority.
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S.
GUARANTEE
Proposer certifies by proposing, that he is fully aware of the conditions of service and purpose
for which services included in this RFP are to be purchased, and that his offering will meet the
requirements of service and purpose to the satisfaction of the NTTA and its Agent.
T.
CONTRACT AND BONDING
The selected firm will be required to provide a signed contract and bonding within 14 calendar
days of receiving notice of award from NTTA. The contract forms and bond form can be found
in Attachment G of this RFP. Bonding amounts are as follows:
•
•
•
U.
Payment Bond in an amount equal to the full value of the contract
Performance Bond in an amount equal to the full value of the contract
Warranty Bond in an amount equal to the 25% of the value of the contract
REVOLVING DOOR
NTTA has adopted an Employee Ethics Policy that includes the following “revolving door”
provision: “An employee after leaving NTTA employment will not participate on behalf of any
third party in a matter involving the NTTA in which the employee participated while employed at
NTTA. For purposes of this subsection, an employee participated in a matter if the employee
made a decision or recommendation on the matter, approved, disapproved or gave advice on
the matter, conducted an investigation related to the matter, or took similar action related to the
matter.”
Absent express written approval from NTTA, Contractor will not direct or allow a former NTTA
employee to do any work on behalf of the Contractor that might put the former employee in
violation of this provision.
V.
VENDOR POLICING OF EMPLOYEE ETHICS POLICY
NTTA has adopted an Employee Ethics Policy, which, among other things, directs employees to
avoid conflicts of interest or appearances of impropriety, comply with the law, and use NTTA
property for only NTTA purposes. Contractor is expected to be aware of these requirements and
must promptly report to the NTTA any conduct by an employee that the Contractor reasonably
believes may be in violation of the Policy.
https://www.ntta.org/whoweare/policies/Pages/default.aspx.
W.
PROCUREMENT PROTESTS
NTTA encourages respondents to bring questions and concerns relating to this RFP to the
NTTA’s attention promptly pursuant to the process set forth in Section V. Any formal protest
relating to this RFP or the contract award thereunder must be made in writing and submitted to
the Senior Director of Procurement and Business Diversity no later than five (5) business days
after the earlier of the (i) date the protestor was or reasonably should have been aware of the
matter giving rise to the protest or (ii) the date the contract award was made by the NTTA Board
of Directors. Any protest submitted outside this deadline will not be considered. Each
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protest must include the following:
1. the name and address of the protester, and the respondent it represents,
if different;
2. the title and number of the RFP to identify the procurement in question;
3. a statement of the grounds for protest; and
4. all documentation supporting the protest
The Senior Director of Procurement and Business Diversity will review the information relevant
to the protest and render a decision on the protest no later than twenty (20) business days after
the bid protest was received.
The decision will describe the action taken and the reasons for such action, and will be mailed,
certified mail, return receipt requested, to the protestor at the address set forth in the bid protest.
The protesting party may appeal the decision of the Senior Director of Procurement and
Business Diversity to the Executive Director. The appeal must be in writing and must be
received in the Office of the Executive Director no later than five (5) business days after receipt
of the decision of the Senior Director of Procurement and Business Diversity. The appeal must
include the original protest, the decision of the Senior Director of Procurement and Business
Diversity, all information contained in the original written protest, as well as any new information
supporting the protest that was not reasonably available to the protester when the original
protest was filed.
The Executive Director will render a written decision not later than thirty (30) business days after
the appeal of the protest was received. The decision of the Executive Director will be mailed,
certified mail, return receipt requested, to the protestor at the address set forth in the bid protest.
The protesting party may appeal the decision of the Executive Director to the Board of Directors.
The appeal must be in writing and must be received in the Office of the Secretary for the Board
of Directors no later than five (5) business days after receipt of notice of the Executive Director’s
decision. The appeal must include the original protest, the decision of the Senior Director of
Procurement and Business Diversity, the decision of the Executive Director, the original protest,
all information contained in the original written protest, as well as any newly discovered
information supporting the protest that was not reasonably available to the protester when the
original protest was filed.
The Board of Directors will review the information relevant to the appeal and will render a written
decision within sixty (60) business days after the appeal of the protest was received. The
decision of the Board of Directors will be final. The final decision of the Board of Directors will be
mailed, certified mail, return receipt requested, to the protestor at the address set forth in the bid
protest.
Respondents understand and agree that in light of NTTA’s operational needs and customer
service obligations, the filing of a protest or any legal action challenging any aspect of this RFP
or the contract award thereunder will not prevent the NTTA from proceeding with the RFP
process, a contract award thereunder or utilization of the services requested through this RFP.
To the fullest extent allowed by law, respondents waive any claim for injunctive relief pertaining
to this RFP, the contract award or the commencement of services thereunder. By submitting a
15
response to this RFP respondents unconditionally and irrevocably acknowledge that adequate
remedies exist at law, without resort to injunctive or other equitable relief, to fully redress any
potential claim against arising in connection with this RFP.
X.
FORCE MAJEURE
NTTA will not be liable for defaults or delays due to acts of God or the public enemy, acts or
demands of any governmental agency, strikes, fires, floods, accidents, or other unforeseeable
causes beyond its control and not due to its fault or negligence.
16
ATTACHMENT A
CONFIDENTIALITY AND NON-DISCLOSURE STATEMENT
17
CONFIDENTIALITY
AND NON-DISCLOSURE STATEMENT
Respondent agrees that it will not disclose to any unauthorized person, association, firm,
corporation or other party any proprietary or confidential information relating to the Authority. The
Confidential Information includes all information directly or indirectly furnished, obtained or acquired
directly, indirectly or by inference in the course of providing services to the NTTA, or other information that
the receiving Party should reasonably know is of a confidential nature. Confidential Information includes,
but is not limited to, security operations, equipment, measures, plans, policies, procedures or devices,
intellectual property, ideas, inventions, processes, know-how, techniques, business methods, financial
data and information, accounting and control procedures, information or data concerning the parties’
products, services, policies, violation enforcement system, patrons, Toll-Tag customers, personnel and
any other aspect of its operation and the like, whether such information is tangible or intangible, or
transferred, maintained or obtained orally, visually, electronically or by any other means.
Respondent confirms that such information constitutes the exclusive property of the Authority. All
confidential and proprietary information will be held in strict confidence. Respondent will protect the
confidentiality of all related records, data and information, with the same degree of care given toward the
protection of Respondent’s confidential information. Respondent agrees to be responsible for the negligent
or willful release or unauthorized use of the Confidential Information by its employees, agents,
representatives, affiliates, subcontractors, contractors, or any other third party which will gain access to
Confidential Information via Respondent, its employees, agents, representatives, affiliates, subcontractors
or contractors that results in any damages to the NTTA, including loss to persons, property and revenues.
Respondent agrees that this Non-disclosure and Confidentiality Agreement is important and
material to the RFP process and subsequent contract award, and disclosure of said confidential and
proprietary information would significantly affect the successful conduct of the business of the Authority,
as well as its reputation and goodwill. Any breach of the terms of this Agreement is a material breach,
from which Respondent may be enjoined and for which the Respondent also must pay to the NTTA all
damages which arise from said breach. Respondent understands and acknowledges that its
responsibilities under this Agreement will continue in full force and effect after the award of the contract
for an independent performance review services and after termination of Respondents contractual
relationship with the Authority ends for any reason.
IN WITNESS THEREOF, executed this ______ day of ________________, 201_____.
RESPONDENT:
(Signature)
Name/Title:_______________________________
_______________________________
Company Name:___________________________
18
ATTACHMENT B
CONFLICT OF INTEREST QUESTIONNAIRE
AFFIDAVIT CONFLICT OF INTEREST AND DISCLOSURE STATEMENT
NTTA SUPPLEMENT TO CONFLICT OF INTEREST QUESTIONNAIRE
DEBARMENT, LITIGATION AND TERMINATION DECLARATION FORM
19
20
21
AFFIDAVIT CONFLICT OF INTEREST AND DISCLOSURE STATEMENT
Project
RFP Number
LARGE FORMAT VIDEO WALL SYSTEM
03802-NTT-00-GS-MA
THE STATE OF TEXAS
§
§
COUNTY OF______________
Before
me,
the
§
undersigned,
on
this
day
personally
appeared
______________________________________ who, being by me duly sworn, upon oath says:
he/she
is
duly
qualified
and
authorized
to
make
this
affidavit
for
and
on
behalf
that
of
_______________________________________ (“Contractor”) and is fully cognizant of the facts herein
set out; that Contractor covenants and agrees that Contractor’s officers, employees, agents or board
members have no interest, and will acquire no interest, either direct or indirect, which will conflict in any
manner with the performance of the services called for under this Contract; and that Contractor’s officers,
employees, agents, or board members have not and will neither solicit nor accept gifts, gratuities, favors
or anything of monetary value from the Authority, employees, board members, agents, and
representatives other than that which is the required compensation for services rendered or to be
rendered pursuant to Contract.
Contractor’s acknowledges that one or more of the items listed below are applicable to Contractor
officers, its employee(s) agents or board member. Please check all that apply.
I have no business or familial relationship with a board member, employee, consultant or agent of
the Authority, one of its member counties or another toll agency.
I have a business relationship with a board member, employee, consultant or agent of the
Authority, one of its member counties or another toll agency which is as follows:
____________________________________________________________________________________
____________________________________________________________________________________
I have a familial relationship with a board member, employee, consultant or agent of the
Authority, one of its member counties or another toll agency which is as follows:
____________________________________________________________________________________
____________________________________________________________________________________
I have other interest in the Authority which is as follows:
____________________________________________________________________________________
____________________________________________________________________________________
22
By signature of this Agreement, Contractor acknowledges to the Authority that Contractor has
made full disclosure of any existing conflicts of interest and that Contractor will disclose any potential
conflicts of interest, including personal financial or real property interests, direct or indirect, which develop
after signature of the contract and prior to completion of the contract.
____________________________________
Signature
___________________________________
Name
___________________________________
Title
SWORN TO AND SUBSCRIBED BEFORE ME by the said ____________________________ this
________day of _________________, 20___, to certify which witness my hand and seal of office.
____________________________
Notary Public in and for
My Commission Expires:
___________________________
Please Print Name of Notary
__________________________
23
NTTA SUPPLEMENT TO CONFLICT OF INTEREST QUESTIONNAIRE
SECTION I: INSTRUCTIONS
Please complete and submit the NTTA Supplement to Conflict of Interest Questionnaire below. This
requirement also applies to any proposed sub consultant(s). Failure to comply with this requirement may
cause your proposal to be declared nonresponsive.
In order to answer the questions contained in this form, please review NTTA’s Conflict of Interest
provisions, the list of the NTTA’s Board of Directors and member counties. Any questions regarding the
information required to be disclosed in this form should be directed to the Senior Director of Procurement
and Business Diversity and Business Diversity.
Name of Firm:
Name of Preparer:
Date:
SECTION II: QUESTIONS
1. During the last twenty-four (24) months, has your firm provided a source of income to a director, officer
or employee of the NTTA, one of its member counties or other toll agency, or have any director, officer or
employee, of the NTTA held any financial interest in your firm (including real property)?
YES
NO
If “yes,” please list the names of the person(s) and the nature of the financial interest:
Name:
Nature of Financial Interest:
2. Have you or any members of your firm served as a director, officer or employee of the NTTA within the
last twelve (12) months?
YES
NO
If “yes,” please list name, position, and dates of service:
Name:
Position:
Dates of Service:
3. Are you or any of the owners, partners or officers of your firm or any employee who you anticipate
working on this contract related by blood or marriage/domestic partnership to a director, officer or
employee of the NTTA?
YES
NO
If “yes,” please list name and the nature of the relationship:
24
Name:
Relationship:
4. Does any director, officer or employee of the NTTA hold a position at your firm as a director, officer,
partner, trustee, employee, or any position of management?
YES
NO
If “yes,” please list name and the nature of the relationship:
Name:
Relationship:
SECTION III: VALIDATION STATEMENT
This Validation Statement must be completed and signed by at least one General Partner, Owner,
Principal, or Officer authorized to legally commit the proposer.
DECLARATION
I, (printed full name) _________________________________, hereby declare that I am the (position or
title) ______________________________ of (firm name) ______________________________, and that
I am duly authorized to execute this Validation Statement on behalf of this entity. I hereby state that this
NTTA Conflict of Interest Form dated ___________________ is correct and current as submitted. I
acknowledge that any false, deceptive, or fraudulent statements on this Validation Statement will result in
rejection of my contract proposal.
__________________________________________
Signature of Person Certifying for Proposer
___________________________
Date
(Original signature required)
NOTICE
A material false statement, omission, or fraudulent inducement made in connection with this NTTA
Conflict of Interest Form is sufficient cause for rejection of the contract proposal or revocation of a prior
contract award.
25
NAME OF FIRM (PROPOSER)
Debarment, Litigation and Terminations
1
2
3
4
YES
NO
YES
NO
During the last five (5) years has any federal, state or local governmental
entity issued an order, judgment or decree of any kind barring, suspending
or otherwise limiting respondent’s right to contract with any governmental
entity or to engage in any business practice or activity? Are there any current, pending or threatened litigation, administrative or
regulatory proceedings or similar matters that could affect respondent’s
ability to perform the required services?
During the last five (5) years has any customer terminated a contract with
respondent for cause or accepted damages in lieu of termination?
Is there any reason why the NTTA might be legally prohibited from doing
business with the respondent or the respondent legally prohibited from
doing business with the NTTA?
Each of the persons or entities identified in (1) above must identify any of
the following that occurred with respected to the person or entity within the
previous 5 years:
1
Debarment from contracting with any governmental entity
2
Professional licensure discipline
3
Adverse civil judgments or administrative findings
4
Criminal felony convictions
If any of the answers are in the affirmative, please explain the nature and circumstances of the
matter and what relevance if any to the NTTA’s consideration of respondent’s proposal.
Explanations if any
26
ATTACHMENT C
Business Diversity
27
ATTACHMENT C
BUSINESS DIVERSITY PROGRAM
“DISADVANTAGED, MINORITY, WOMEN-OWNED, AND SMALL BUSINESS
ENTERPRISE PROGRAM”
Professional Services, Consulting and Goods/Services Contracts, and Special
Provision for Construction and Maintenance related projects
1. General
The North Texas Tollway Authority (the Authority) is committed to providing contracting
opportunities for disadvantaged, minority, women-owned, and small business enterprises
(D/M/WBE). In this regard, the Authority maintains DBE, M/WBE, and SBE programs in order to
facilitate contracting opportunities for these businesses.
The programs are implemented in accordance with the NTTA’s Disadvantage, Minority,
Women-Owned and Small Business Enterprises Policy (Diversity Policy), originally adopted by
the NTTA Board of Directors under Resolution No. 10-19 on January 20, 2010, and any
revisions thereafter.
The following document outlines:
•
•
•
•
•
Criteria regarding commercially useful function
Factors to determine good faith efforts
Contractor responsibilities
Monthly reporting and compliance requirements
Noncompliance enforcement
The Business Diversity Department Contracting and Compliance Manual (CCM) outline the
procedures, provisions and compliance requirements to support and comply with the Authority’s
Diversity Policy. The CCM is approved and incorporated into the contract by reference for all
purposes by the Authority.
The CCM and the Diversity Policy may be obtained online at the NTTA website at
https://www.ntta.org/procurement/busdiv/complianceandresources/Pages/default.aspx
or by contacting the Business Diversity Department at (214) 461-2007.
2. Commercially useful function criteria
A commercially useful function (CUF) is when the D/M/WBE is responsible for the performance,
management and supervision of a distinct element of work, in accordance with normal industry
practice. The criteria utilized to determine a commercially useful function is set forth in the CCM
(page 18).
3. Factors to determine good faith efforts
All prime contractors are required to demonstrate a good faith effort toward achieving a
D/M/WBE goal. A good faith effort can be demonstrated by actions which, by their scope,
28
intensity, and appropriateness to the objective, can reasonably be expected to, either
individually or collectively, achieve the goal.
If a prime contractor does not meet the designated goal, it shall nevertheless be eligible for
award of the contract if it can demonstrate to the NTTA that it has made a good faith effort to
meet the goal. The factors that determine if a good faith effort has been met are set forth in the
CCM (page 23).
4. Contractor’s responsibilities
All responding firms, including D/M/WBE certified firms, must submit documentation regarding
all subcontractor utilization and how they will meet or exceed the established goal using certified
D/M/WBE firms for this project on the Commitment Agreement Form (Form 4906) provided.
Commitment Agreement Form (Form 4906), good faith effort documentation and supporting
information must be submitted to the Business Diversity Department for all contracting
opportunities in accordance to the CCM. Form 4906 must be submitted to the Authority with the
proposal.
Information for construction and maintenance related projects
For all construction and maintenance related projects, Form 4906 must be submitted to the
Authority no later than 5:00 pm on the 14th day after written notification of the conditional award
of the contract.
Additional questions and/or clarification can be obtained by contacting the Director of Business
Diversity at [email protected]. Please copy the Procurement Services Department at
[email protected] on all correspondence. Form 4906 must include a brief description of
the type of work to be performed and the dollar value or percentage of utilization of work that will
be assigned to the subcontractors including D/M/WBEs and must be signed by both the prime
contractor and subcontractor.
All compliance forms may be obtained online at the NTTA website at
5. Monthly reporting and compliance requirements
NTTA PRISM contract compliance software (NTTA PRISM system) is the Authority’s web-based
computer system that tracks the monthly subcontractor payment reporting for NTTA contracts.
NTTA PRISM system has been fully implemented and replaces the manual subcontractor
payment reporting with a more efficient online reporting process.
Prime contractors are required to submit their information into the business diversity contract
compliance tracking system by the 15th of each month. Prime contractors will have a
designated User ID & password to login to the contract compliance tracking system via the
following link http://ntta.prismcompliance.com
6. Noncompliance enforcement
All participants of the D/M/WBE business process must comply with the requirements set forth
in the Diversity Policy and are subject to noncompliance enforcement as set forth in the NonCompliance Enforcement section of the CCM.
29
“D/M/WBE GOAL”
Contract No: 03802-NTT-00-GS-SM
Project: LARGE FORMAT VIDEO WALL SYSTEM
The following goal is established for DBE, MBE, and WBE subcontractor participation:
DBE
__________% of total contract amount
M/WBE
__________% of total contract amount
Total D/M/WBE Goal
____15______% of total contract amount
Pursuant to the Authority’s Disadvantaged, Minority, Women-Owned and Small Business
Enterprises Policy, and as outlined in the “Business Diversity Department Contractors
Compliance Handbook”, SBE utilization will continue to be tracked, reported, and monitored in
its procurements. However, SBE participation will be counted independent of D/M/WBE
participation goal and tracked separately. Women-owned minority firms certified as WBEs will
count towards NTTA’s MBE participation. Minority firms certified as DBEs will count towards
NTTA’s DBE participation.
DBE = Disadvantaged Business Enterprise
MBE = Minority Business Enterprise
WBE = Women-Owned Business Enterprise
SBE = Small Business Enterprise
30
Information related to Business Diversity scoring
Business Diversity Evaluation Criteria (10 points)
1. Respondent demonstrates that the business diversity plan meets or exceeds
the established goal (6 points)
•
•
•
The D/M/WBE firm(s) to be utilized to meet or exceed the diversity goal on the
project.
The business diversity plan submitted meets or exceeds the diversity goal
percentage established by the business diversity department for the procurement
The business diversity plan submitted incorporates meaningful work and
significant project roles for D/M/WBE firm(s). The D/M/WBE firm(s) has the
opportunity to be exposed to experiences that allow for professional growth and
the development of marketable skills. (Examples of meaningful work and
significant project roles include participation as team lead or project manager)
2. Respondent demonstrates subcontractor participation on previous/similar
projects (4 points)
•
•
•
Demonstration that the D/M/WBE participation has been a part of the normal
business practice.
Demonstration that subcontracting level of D/M/WBE firm(s) reflect meaningful
and significant roles. (Examples of meaningful work and significant project roles
include participation as team lead or project manager)
Participation in a teaming or partnership arrangement with certified D/M/WBE
firm(s) in the last two years. (Examples of teaming or partnership arrangement
can include contractor/subcontractor relationship, participation in a mentorprotégé program or a joint venture relationship)
31
SPECIAL PROVISION
IMPORTANT NOTICE TO CONTRACTORS
“NTTA BUSINESS DIVERSITY PRISM CONTRACT COMPLIANCE
TRACKING SOFTWARE”
1. Introduction
The NTTA PRISM contract compliance software (“PRISM system”) is the Authority’s
web-based computer system that tracks the monthly subcontractor payment reporting
for NTTA contracts. The PRISM system has been fully implemented and replaces the
current manual subcontractor payment reporting process with a more efficient online
reporting process.
As outlined in NTTA’s Business Diversity Department Contracting and Compliance
Manual (CCM), if a contract includes a D/M/WBE subcontracting commitment, the prime
contractor shall submit Monthly Subcontractor Payment and reporting activity to the
Business Diversity Department (BDD) via PRISM. The Monthly Subcontractor Payment
and reporting activity reflects actual payments made for the specific month indicated.
Information provided is utilized to monitor and track the percentage of work performed
by all subcontractors and to confirm whether the contract-specific goal established is
fulfilled.
2. NTTA Contractor’s Obligations
The Contractor shall utilize the PRISM system for monthly subcontractor payment
reporting and other reporting compliance as outlined in the CCM. Contractors will have
a designated User ID and password to login to the PRISM system and may access the
PRISM system over the internet 24 hours a day, seven days a week via the following
link: http://ntta.prismcompliance.com.
The PRISM system is an official record of communications between the Contractor and
the NTTA Business Diversity Department. Information provided in the PRISM system is
utilized to monitor and track the percentage of work performed by all subcontractors and
to confirm whether the contract-specific goal established is fulfilled.
The Contractor shall understand the procedures listed in the Pre-Award and Post-Award
Compliance sections of the CCM which can be found on the NTTA website at:
https://www.ntta.org/procurement/busdiv/complianceandresources/Pages/default.aspx.
Within 14 days after the Contract is awarded, the Contractor shall submit a list
containing the name, company, role/title, telephone number, and e-mail address of
individuals who will attend the training sessions for the use of the PRISM system.
Training will be provided by the Authority at no cost. All PRISM system users shall
complete the training prior to receiving access to the PRISM system; no exceptions will
32
be granted. The Contractor shall agree to comply with all terms and conditions
associated with its use of the PRISM system. At any time during the contract, the
Contractor may request for additional PRISM system training as a refresher course for
existing PRISM system users or to add new individuals who will require use of the
PRISM system.
3. Equipment
The Contractor shall obtain the necessary computer equipment, at its own expense, to
access the PRISM system. Please refer to the General Notes in the plan set regarding
the list of computer equipment and software required for this project to meet the
requirements set forth in the Special Provision 0.19, “Important Notice to Contractors –
NTTA Enterprise Project Delivery System”, if applicable . This same list of computer
equipment and software required will suffice for the PRISM system.
The Contractor will be able to access the PRISM system via the internet from any
location 24 hours a day using their designated user ID and password via the following
link: http://ntta.prismcompliance.com. In the event that the PRISM system becomes
inoperable or unavailable to the Contractor, the Contractor shall contact the Business
Diversity Department to have the software repaired and for directions of processing
required documentation until the PRISM system is operational. Once the PRISM system
is in operation again, the Contractor shall upload the required documentation through
the PRISM system.
4. Documentation
The Contractor shall understand the procedures listed in the Pre-Award and Post-Award
Compliance sections of the CCM and submit all required documentation.
5. Noncompliance
The Contractor shall understand and be required to comply with the procedures listed in
the Pre-Award and Post-Award Compliance sections of the CCM which can be found on
the NTTA website at:
6. Measurement and Payment
The work performed, materials furnished, equipment, labor, tools, and incidentals
required for compliance with this special provision will not be measured or paid for
directly, but will be subsidiary to the various bid Items.
33
BUSINESS DIVERSITY REPORTING FORMS
FORM 4906
FORM 4908
GFE Form (if applicable)
Form NTTA 4906
COMMITMENT AGREEMENT FORM
FOR ALL SUBCONTRACTORS
(Please complete one form for each subcontractor)
This commitment is subject to the award and receipt of a signed contract from the
North Texas Tollway Authority for the subject project.
Project Description:
County:
Corridor/Project:
Segment/Section:
Contract No:
Items of work/service to be performed* (attach a list of work/service items, if more room is required):
Work/Service Description
Unit Price
Total Per Item
Quantity/Percentage
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
TOTAL $
-
IMPORTANT! The signatures of the prime contractor, the subcontractor, and the total commitment amount must always be on the
same page.
Name:
Prime Contractor:
Title:
Contact Name:
Signature:
Address:
City:
ST, Zip:
Phone:
Fax:
Date:
Email:
Name:
Subcontractor:
8(a)
DBE
MBE
WBE
SBE
Non-Minority
Title:
Certification Entity:
Signature:
Contact Name:
Address:
City:
ST, Zip:
Phone:
Fax:
Date:
Email:
2nd Tier Sub:
8(a)
Name:
DBE
MBE
WBE
SBE
Non-Minority
Title:
Certification Entity:
Signature:
Contact Name:
Address:
City:
ST, Zip:
Phone:
Fax:
Email:
Date:
The NTTA maintains the information collected through this form. With few exceptions, upon request you may be informed of the information that is collected about you. Under
Sections 552.021 and 552.023 of the Texas Government Code, you are permitted to receive and review the information. Under Section 559.004 of the Texas Government
Code, you are also permitted to have the NTTA correct information about you that it is incorrect.
To ensure prompt and efficient handling of your project file, we are requesting that all commitments be presented to the NTTA's stakeholder using this form.
Revised August 2010
Form NTTA 4908
SUBCONTRACTOR FINAL REPORT
Original Contract
Amount: $
Contract No.:
number
SA/WA/ETC#:
number
Final Contract Amount:
Contractor:
Name
D/M/WBE Goal Amount:
D/M/WBE Goal:
0.00%
Name of Subcontractor/Supplier
-
$
-
$
Goal Amount
Attained to Date: $
-
SBE, DBE, MBE, WBE,
Non-Minority
Final Amount Paid To
Subcontractor to Date
D/M/WBE Certified Firms:
Total:
MWSDBE Totals:
SBE Firms:
Total:
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
$
-
Non-Minority Firms:
Total:
Non-Minority Firm Totals:
* Include payments to all NON-MINORITY and certified DBEs, WBEs,MBEs and SBEs.
This is to certify that
0.0% of the work was completed by D/M/WBE firms, as stated above.
IF THE GOAL WAS NOT ATTAINED, THEN ATTACH DOCUMENTATION THAT EXPLAINS THE REASONING.
Signature of General Contractor:
__________________________________________
Date: ____________
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn to and subscribed before me, by the said ___________________________, this the _______ day of
________________, 20____, to certify which, witness my hand and seal of office.
Signature of Notary
Public:
___________________________
Printed Name of
Notary Public:
___________________________
The NTTA maintains the information collected through this form. With few exceptions, upon request you may be informed
of the information that is collected about you. Under Sections 552.021 and 552.023 of the Texas Government Code, you
are permitted to receive and review the information. Under Section 559.004 of the Texas Government Code, you are also
permitted to have the NTTA correct information about you that it is incorrect.
Revised January 2012
GOOD FAITH EFFORT FORM
If you have failed to secure D/M/WBE participation and you have subcontracting and/or supplier
opportunities or if you’re D/M/WBE participation is less than the NTTA’s project goal, you must
complete this form.
Prime Company Name (please print):
NTTA Contract Number:
NTTA Contract Goal:
D/M/WBE:
%
Check applicable response to describe prime:
(yes
) Certifying Entity:
(no
)
If the bidder’s method of compliance with the D/M/WBE goal is based upon demonstration of a “good faith
effort”, the bidder will have the burden of correctly and accurately preparing and submitting the
documentation required by the NTTA. Compliance with items 1 through 6 as it appears on the Good Faith
Effort Form, in its entirety shall satisfy the good faith effort requirement upon verification from Business
Diversity staff and confirmation of no counterfeit information, intentional and/or knowing misrepresentation
of facts or intentional discrimination by the contractor.
Failure to complete this form, in its entirety with supporting documentation, and received by the
Business Diversity Department, will result in the bid being considered non-responsive to bid
specifications. Please list each and every subcontracting and/or supplier opportunity for the
completion of this project, regardless of whether it is to be provided by a D/M/WBE or nonD/M/W/SBE. (DO NOT LIST NAMES OF FIRMS).
1. Please list each and every (subcontracting and/or supplier opportunity) for the completion of this
project, regardless of whether it is to be provided by a D/M/WBE or non D/M/WBE (DO NOT LIST
NAMES OF FIRMS). List opportunities only.
(Use additional sheets, if necessary)
List of Subcontracting Opportunities:
List of Supplier Opportunities:
Good Faith Effort
Page 1 of 3
2.
Did you obtain a current (not more than 60 days old from the initial response to the NTTA’s
solicitation due date) list of D/M/WBE subcontracts and/or suppliers from the NTTA’s Business
Diversity Department?
(yes
) (no
)
D/M/WBE listing request date to the NTTA’s Business Diversity
Department:
/
/20
3. Did you solicit bids from D/M/WBE firms, within the subcontracting and/or supplier areas
previously listed by mail?
(yes
) (no
)
Attach the D/M/WBE mail listing including a dated copy of the letter mailed, or email
correspondence showing proof of solicitation to D/M/WBE firms. If you did not fulfill, please
write the following statement: “I did not comply”
_
4. Did you solicit bids from D/M/WBE firms within the subcontracting and/or supplier areas
previously listed by telephone?
(yes
) (no
)
Attach D/M/WBE contact list to include: D/M/WBE firm, person contacted, telephone number,
date and time of contact. If you did not fulfill, please write the following statement: “I did not
comply”
NOTE: A facsimile may be used to comply with either 3 or 4 but may not be used for both. If a
facsimile is used, attach the fax confirmation, which is to provide: D/M/WBE name, date, time, fax
number and documentation faxed.
NOTE: If the list of D/M/WBE firms for a particular subcontracting/supplier opportunity is
ten (10) or less, the contractor must contact the entire list to be in compliance with item 3
and 4. If the list of D/M/WBE firms for a particular subcontracting/supplier opportunity is
ten (10) or more, the contractor must contact at least two/thirds (2/3) of the list within such
area of opportunity, but not less than ten to be in compliance with items 3 and 4.
5. Did you provide plans and specifications to potential D/M/WBE firms or information regarding the
location of plans and specifications in order to assist the D/M/WBE firms?
(yes
) (no
)
6. Submit documentation if D/M/WBE firms were rejected. The documentation submitted should be in
the form of an affidavit, include a detailed explanation of why the D/M/WBE firms were rejected
and any supporting documentation the contractor wishes to be considered by the NTTA. In the
event of an actual dispute concerning quotes, the contractor will provide for confidential access to
and inspection of any relevant documentation by NTTA Legal personnel. (Please use additional
sheets, if necessary and attach)
Good Faith Effort
Page 2 of 3
Company Name
Telephone
Contact Person
Scope of Work
Reason for Rejection
ADDITIONAL INFORMATION:
Please provide additional information you feel will further explain your good and honest efforts to
obtain D/M/WBE participation on this project.
The bidder further agrees to provide, directly to the NTTA upon request, complete and accurate
information regarding actual work performed on this contract, the payment thereof and any
proposed changes to the original arrangements submitted with this bid. The bidder also agrees to
allow an audit and/or examination of any books, records and files held by their company that will
substantiate the actual work performed on this contract, by an authorized NTTA employee.
Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the
contract or debarment from NTTA work for a period of not less than three (3) years and for
initiating action under laws concerning false statements. Any breach of contract may result in a
determination of an irresponsible offeror and barred from participating in NTTA work for a period
of time not less than one (1) year.
The undersigned certifies that the information provided and the listed was/were contacted in good
faith. It is understood that any D/M/WBE firms listed on the Good Faith Effort Form will be contacted
and the reasons for not using them will be verified by the NTTA’s Business Diversity Department.
Authorized Signature:
Printed Signature:
Title:
Contact Name and Title (if different):
Company Name:
Phone Number:
Street Address:
Email Address:
City/County/State and Zip Code
Date:
,
Business Diversity Director Authorized Signature:
20
Date:
______ ,
20
The NTTA maintains the information collected through this form. With few exceptions, upon request you may be informed of the information that is collected about you. Under
Sections 552.021 and 552.023 of the Texas Government Code, you are permitted to receive and review the information. Under Section 559.004 of the Texas Government Code,
you are also permitted to have the NTTA correct information about you that it is incorrect.
To ensure prompt and efficient handling of your project file, we are requesting that all commitments be presented to the NTTA's stakeholder using this form.
Good Faith Effort
Page 3 of 3
ATTACHMENT D
SCOPE OF SERVICES
GENERAL SCOPE OF SERVICES
AND SPECIFICATIONS
FOR THE
PURCHASE, INSTALLATION, AND MAINTENANCE
OF A LARGE FORMAT VIDEO WALL SYSTEM
Request for Proposal - 03802-NTT-00-GS-SM
I.
Purpose:
The purpose of this Request for Proposal (RFP) is the purchase, installation, and maintenance
of a Large Format Video Wall Systems for the North Texas Tollway Authority’s (NTTA) traffic
management and police dispatch center. The equipment projected for use shall allow for future
expansion. NTTA intends to use the Large Format Video Wall Systems as needed to view
current and emerging traffic conditions, safety issues and concerns, and the security of NTTA
owned facilities, equipment and personnel.
This procurement consists of the monitors and mounting system; installation of the video wall
panels including cabling network monitors together and to the NTTA network/PC/Server;
installation of management software, power management, and any other elements of installation
needed to ensure proper working order and system integration, training and maintenance
II.
Plans
See Attachment H for the floor plans and sections associated with this project. These drawings
are to be used for reference only and are not included in the contract scope of work for this
project.
III.
Specifications:
The video wall will utilize twenty-one (21) Mitsubishi VS-72WEF78 (or approved equivalent)
illuminated rear projection cubes, configured in a 7-wide by 3-high array, mounted on a custom
pedestal. The cubes will be front serviceable. This shall create a viewable space of 427.4” x
114.4” and a total resolution of 13,440 pixels x 3,600 pixels. A network based video processor
with failover capabilities to a secondary video processor or other redundant device. The video
processor with a client application capable of running on Microsoft version 7 or 8.1 Professional
X64 Operating System, and capable of displaying video content directly through the video wall
as required. The network based video processor preferred is the Jupiter Systems Catalyst 400
but other equipment with equivalent design and capacity may be bid as alternatives.
Manufacturers proposing alternative products to the Mitsubishi specifications herein must
provide documentation that their product meets the Mitsubishi specifications or exceeds the
Mitsubishi specifications. The final acceptance of alternate products is at the sole discretion of
NTTA. Firms may be asked to provide references to establish equivalency and NTTA may
additionally seek to observe their alternative product in an operational environment in order to
satisfy this requirement.
1) The display wall must have the following functionality:
a) The video wall should provide a mechanism to continually and automatically color
balance itself, without external probes or technician interaction or an external PC/CPU.
b) Each LED rear projection cube must automatically communicate with the other rear
projection cubes and must calibrate its own brightness level to ensure that each cube in
a video wall has the same brightness level.
c) Each LED rear projection cube shall be accessible from the front
d) Each LED rear projection cube shall be capable of four (4) Brightness Levels – Adv. Eco
Mode, Eco Mode, Normal Mode and Bright Mode to allow the user to select a level
based on LED illumination or LED life span.
e) Each projection cube LED Illumination unit shall have an estimated life span of 80,000
hours in Eco Mode, Normal Mode or Bright Mode and 100,000 hours in Adv. Eco.
f)
Each LED rear projection cube shall have a replaceable/upgradeable engine such that
the engine can be replaced or upgraded to a higher resolution in the same cabinet
without having to install a new cabinet. This means that the display wall can be
upgraded at a later date by replacing the engines.
g) Each LED rear projection cube shall utilize an air-cooled solution.
h) Each LED rear projection cube shall utilize the same type/model number of cooling fan
throughout the entire cube. This shall be a variable speed fan with an MTBF of 100,000
hours.
i)
Each LED rear projection cube should be able to switch between Eco Mode, High
Brightness mode, Normal mode and Adv. Eco mode through the remote control or serial
interface without having to power the cube down or throw a mechanical switch (i.e. done
via remote control).
j)
Each LED rear projection cube shall have automatic on-screen diagnostics. These onscreen diagnostics should be easily viewable from any operator position. The projection
cube should also have viewable error codes for further diagnostics.
k) Each LED rear projection cube shall have the capability for automatic, motorized 6-Axis
Adjustment that can be performed with remote control so that one technician can
mechanically adjust/align the 6-Axis adjustments for each cube in the entire display wall.
l)
Each LED rear projection cube shall have the capability for motorized mirror adjustments
for precise mirror alignment.
m) Each LED rear projection cube shall have 3 slots for input cards. The input cards shall
consist of a Dual DVI-D input Card, a Dual RGB Analog Card, a Dual Composite/SVideo Card, an SDI Input Card and a Daisy Chain Card.
n) Each LED rear projection cube must be capable of displaying up to 6 windows per cube.
With the addition of the Daisy Chain card, images can be spread over multiple cubes.
o) Each LED rear projection cube shall have automatic input switching between inputs and
cards in different card slots. If signal is lost to the first input, the cube will automatically
switch to input two. If there is no signal on either input 1 or 2, the cube will automatically
switch to another input card. When signal is restored to the very first input, the cube will
automatically switch back to that input.
p) Each LED rear projection cube shall be RoHS (Restriction of Hazardous Substances)
and WEEE compliant.
q) Respondent/Proposer will specify in the proposal documents the number of ownersupplied computers needed to drive the video wall.
r) The video wall shall be mounted atop a custom pedestal, designed and installed by the
respondent/proposer. The pedestal shall be 5’-0” tall and the same width as the video
wall assembly. The pedestal shall be designed to support the weight of the 21 cubes
and shall have custom millwork built into it. This millwork will consist of cabinets and
shelves for storage. The exterior of the millwork shall be an NTTA approved plastic
laminate, selected by NTTA’s Architect. All doors will be affixed using adjustable hinges.
The interior shall be white melamine. Provide shop drawings of the structural pedestal
and custom millwork for approval. Installation of the pedestal, millwork, and video wall
equipment shall be coordinated with NTTA’s Architect and the General Contractor
conducting the renovations to the space that the installation will be in.
IV.
Cost Proposal Form
In addition to completing the cost proposal, the respondent/proposer must indicate in the form
provided, whether or not their proposed video wall will fully meet the configuration,
customization, and/or specifications listed below.
1) Mounting Systems
a) Wall equipment racks to mount the various components of the audio, video, and
remote control systems
b) Custom Pedestal
c) Routing/Switching/Cabling
2) Operating System
a) Running the display is a network based video processor with failover capabilities
to a secondary video processor or other redundant device
b) Processor with client capable of running on Windows version 7 or 8.1
Professional X64
c)
d) The windows can be moved and sized in the same manner that you manipulate
objects on a computer desktop
e) Be able to send any source (video, computer, and/or audio) to any compatible
destination in the room (video projectors, monitors, speaker systems, etc.)
f) 21 outputs and expandable
a) Be able to send any source (video, computer, and/or audio) to any compatible
destination in the room (video projectors, monitors, speaker systems, etc.)
b) 21 outputs and expandable
c) 8 DVI (Computer video) inputs and expandable
d) 8 Ethernet Ports
e) 32GB memory or more supplied in processor
3) Service and Deliverables
V.
a) Weekly status reports to provide project updates
b) Detailed commissioning , training and final sign off plan
c) Operating instructions
d) Training documentation
Project Delivery Requirements
To ensure the success of the project, NTTA will expect detailed project checklists, weekly status
reports, documentation of project flow, timelines, and milestones, change management
processes, and documentation, schedule management, and detailed commissioning, training
and final sign off plan, checklists, and status reports.
1) General Notes
In summary, the following general notes are items that must be met on this project:
a) Be a certified manufacturers installer for the Large Video Wall System listed in
your proposal.
b) Coordinate with NTTA’s Architect so that the video wall system works with the
design of the renovations to the MLP-7 facility.
c) Coordinate with the General Contractor NTTA selects to perform the renovations
of the MLP-7 facility
d) Coordinate with NTTA’s IT department to verify that their system will be
compatible with the video feed coming from the roughly 2500 cameras NTTA has
on their system.
e) Provide setup and programming of the system so that it preforms as intended
f) Provide software to manage the video wall
g) Meets the power consumption targets set by the engineers on the renovation, as
the entire system has to be powered by the on-site generator in the event of a
power failure.
2) Project Documentation
NTTA requires documentation on the installed system. This may include as applicable
the following:
a)
b)
c)
d)
e)
f)
g)
As-built CAD Documentation, diagrams and details
Architectural coordination drawings
Equipment lists with serial numbers
Completed Quality Assurance Checklists
Control system software code (source code, see exceptions )
Equipment user manuals
Operating instructions
2) Training/Qualifications
a) Provide sufficient operating instructions as well as training personnel in the
proper set up and operation of the system. Training will be offered to two
essential groups: Users and System Administrators/Support Staff.
b) Provide system Administrator training for the individuals who are charged with
the control, support, and maintenance of the system. At a minimum, training will
include basic maintenance tasks and the use of monitoring software.
i.
The trainer must be specifically trained/certified to install the proposed brand
of LED rear projection cubes.
b) The respondent/proposer must demonstrate a minimum of three successful video
wall installations in a similar application over the last two (2) years.
3) Warranty
a) Installation services will be free of defects in workmanship for a period of not less
than 12 months following first beneficial use of the equipment.
b) The vendor will be required to provide 24x7 technical support of the software and
hardware for a period of five (5) years.
c) The vendor will be required to respond within 1 hour by telephone for a service
call and will be onsite within 4 hours unless otherwise agreed to by the NTTA.
ATTACHMENT E
COST PROPOSAL MATRIX
COST PROPOSAL
MATRIX
Firms must complete the Cost Proposal, for items that are free of
charge either $0.00 on N/C must be entered in the Cost Proposal
Line
Description
Quantity
1
Mitsubishi (or approved alternative product) VS72WEF78 rear projection cubes
21
$
$
2
Mounting custom pedestal
1
$
$
3
Network based video processor
1
$
$
4
Redundant Network based video processor solution
1
$
$
5
Equipment racks
$
$
6
Cabling/wiring
1
$
$
7
Connectors/materials/miscellaneous hardware
1
$
$
8
Installation costs/interconnectivity/training
1
$
$
9
Maintenance costs/technical support for 5-year term
1
$
$
TOTAL COST PROPOSAL AMOUNT
Principal or Authorized Agent
NAME PRINTED
SIGNATURE
Unit Price
Extended Price
$_________________
PERFORMANCE STATEMENT
The following table details project specifications. Each Respondent/Proposer must clearly mark if
the equipment proposed will fully meet the specification. For items that do not meet the
specifications the proposer may propose an Alternate solution:
• Fully Meets specification
• Does not meet specifications
• Alternate solution or explanation
Feature
Wall equipment racks to mount the various
components of the audio, video, and remote
control systems
Or Alternate Solution:
Custom Pedestal
Running the display is a network based
processor
Processor with client capable of running on
Windows version 7 or 8.1 Professional X64
Operating System
The windows can be moved and sized in the
same manner that you manipulate objects on a
computer desktop
Be able to send any source (video, computer,
and/or audio) to any compatible destination in
the room (video projectors, monitors, speaker
systems, etc.)
Fully Meets
Does not
Meet
Feature
Fully Meets
Does not
Meet
21 outputs and expandable
8 DVI (Computer video) inputs and expandable
8 Ethernet Ports
32GB memory or more supplied in processor
Weekly status reports to provide project
updates
Detailed commissioning , training and final sign
off plan
Operating instructions
Training documentation
RESPONDENT/PROPOSER:
COMPANY NAME _________________________________________________________
STREET ADDRESS ________________________________________________________
CITY, STATE, ZIP CODE ______________________________________________________________
NAME OF AUTHORIZED AGENT (PRINTED) ___________________________________________
SIGNATURE OF AUTHORIZED AGENT ________________________________________________
DATE ________/_________/ 2015
ATTACHMENT F
INSURANCE REQUIREMENTS
Special Provision Addressing
Insurance Requirements
Contract No.: 03802-NTT-00-GS-SM
Project: Large Format Video Wall System
Laws to be Observed. The Consultant shall comply with all federal, state, and
local laws, ordinances, and regulations applicable to the performance of the Services.
THE CONSULTANT SHALL INDEMNIFY AND HOLD HARMLESS THE AUTHORITY
AND ITS REPRESENTATIVES AGAINST ANY CLAIM ARISING FROM VIOLATION
BY THE CONSULTANT OF ANY LAW, ORDINANCE, OR REGULATION
APPLICABLE TO THE SERVICES. The Agreement is between the Authority and the
Consultant only. Except with respect to claims arising from the Consultant’s indemnity
obligations owed to the Authority’s directors, employees, and consultants, no person or
entity may claim third-party beneficiary status under the Agreement or any of its
provisions, nor may any non-party sue for personal injuries or property damage under
the Agreement.
Insurance. The Consultant shall not commence performing the Services under the
Agreement until it has furnished the Authority with satisfactory proof that the Consultant
has obtained insurance of such character and in such amounts as set forth below. The
Consultant shall submit complete policies or certificates evidencing the policy
coverage’s and stipulations. The certificate submittals shall be provided on forms
adopted by the Association for Cooperative Research and Development (ACORD).
The Consultant shall purchase and maintain in full force and effect, until
completion of the Services and the expiration of all applicable Texas statutes of
limitations, with respect to claims that could arise out of the Services or the Consultant’s
performance of the Services, such insurance as will cover the obligations and liabilities
of the Consultant and its agents, employees, and subconsultants which may arise from
the Services or the Consultant’s performance of the Services under the Agreement. All
such insurance shall be written with companies having an A.M. Best Financial Strength
Rating of A- or better, and be in a Financial Size Category of X or greater. The
Consultant hereby agrees that all policies shall be on an ACORD Form. Except for
professional liability insurance, occurrence-based policies are required. Any
professional liability policy written on a claims-made basis must include coverage for an
extended reporting period of not less than five years from the termination of the
coverage period under the policy. The Consultant hereby agrees that the Authority has
the right to review the insurance providers, and that all companies must be acceptable
to the Authority.
Each of the required policies (1), (2), (3), and (4) listed below shall be
endorsed to reflect a “Waiver of Subrogation” in favor of the Authority and the
Additional Insured.
Until the expiration of all applicable Texas statutes of limitations, the Consultant
shall secure and maintain, in the Consultant’s own name, the following:
1)
Workers’ Compensation Insurance in compliance with the laws of the
State of Texas and Employer’s Liability Insurance with minimum limits of:
$500,000 Each Accident
$500,000 Disease Policy Limit
$500,000 Disease Each Employee
2)
Commercial General Liability Insurance on a per project basis covering
the Consultant with minimum limits of:
2004 ISO, CGL or Equivalent Limits for Bodily lnjury and/or Property Damage:
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$50,000
General Aggregate
Products and Completed Operations Aggregate
Personal and Advertising lnjury
Each Occurrence
Fire Damage
3)
Business Auto Liability lnsurance with minimum limits of $500,000
Combined Single Limit for Bodily lnjury and/or Property Damage, including Owned, Hired
and Non-Ownership Liability Coverage. This policy shall not contain any limitation with
respect to a radius of operation for any vehicle covered, and shall not exclude from the
coverage of the policy any vehicle to be used in connection with performance of the
Services.
4)
Umbrella Liability Insurance with minimum limits of $1,000,000 per
occurrence and in the aggregate annually, as applicable, within the underlying policies.
The Umbrella Policy shall contain the provision that it will continue in force as an
underlying insurance in the event of exhaustion of underlying aggregate policy limits.
5)
Professional Liability lnsurance in the amounts normally carried for its
own protection in the practice of providing architectural/engineering services, but in no
event less than $1,000,000 per claim and $1,000,000 per aggregate.
6)
The Authority shall be included as additional insureds by endorsement to
all policies required under the Agreement, other than Workers’ Compensation and
Professional Liability Insurance policies.
7)
Insurance for Subconsultants.
Insurance for any Subcontractor hired to work on this Contract will be the
responsibility of the Primary Consultant and may be addressed by one of the
following options:
(a). Option 1: The Contractor shall secure and maintain, until the
expiration of the applicable Texas statute of limitations,
Certificates of Insurance from all subconsultants, evidencing the
proper types of insurance coverage’s for the work to be
performed by the Subconsultant. The Consultant shall also
ensure that the Subconsultants required insurance coverage’s
are in amounts sufficient to cover the type of work assigned to
the subconsultant, which coverage’s will be approved by the
NTTA; or
(b). Option 2: The Consultant shall take responsibility for the
subconsultants insurance coverage by including the
subconsultant as an additional insured under their required
insurance coverage’s.
(c). Insurance
Certificates
of
subconsultants
and
subsubconsultants will be maintained by the Consultant for the
duration of the project.
Required Addendum. The insurance carrier shall include in each of the
insurance policies required under the Agreement the following statement:
“This policy shall not be canceled or materially changed nor non-renewed
during the period of coverage without at least thirty (30) days’ prior written
notice to the North Texas Tollway Authority, 5900 West Plano Parkway,
Suite 100, Plano, Texas 75093, Attention: Insurance Program
Administrator.”
Payment of Deductibles. The Consultant shall be responsible for any
deductible stated in any policy required under the Agreement.
Duration of Coverage. The Consultant shall carry the insurance specified
above until all of the Services required to be performed under the terms of the
Agreement are satisfactorily completed, as evidenced by the formal acceptance thereof
and final payment of all amounts owed to the Consultant by the Authority, or provide,
prior to the end of coverage, a new certificate of insurance. If, for any reason, the
required insurance coverage is not kept in force, the Consultant shall stop all work until
it provides acceptable documentation to the Authority. The Consultant shall notify the
Authority, in writing, by certified mail or hand delivery of any material change in the
insurance coverage of the Consultant or any subconsultant or sub-subconsultant within
ten (10) days of such change.
Certification by the Insurer. On all policies, the insurer shall certify that the
aggregate amount shown on insurance limits is in full force and has not been
diminished.
No Special Payments. No special payments shall be made for any insurance
that the Consultant may be required to carry, but all costs thereof shall be included in
the price bid for the various items included in the proposal. Bidders shall determine all
the kinds and costs of insurance that may be required before submitting their bids and
shall submit acceptable evidence of same to the Authority.
No Waiver by the Authority. Neither the approval by the Authority of any
insurance supplied by the Consultant nor the failure to disapprove that insurance shall
relieve the Consultant from full responsibility for any liability as set forth herein
Waiver by the Consultant. The Consultant hereby waives any and every claim
which arises or may arise in its favor against the Authority, the Engineer, the
Construction Manager, the Section Engineer, and the Consulting Engineers and their
respective owners, directors, officers, employees, consultants, contractors, and agents
pursuant to the Agreement which is covered, in whole or in part, by insurance provided
or to be provided pursuant to the terms hereof. Such waiver shall be in addition to, and
not limitation of, any other waiver or release contained in the Agreement. Inasmuch as
such waiver shall preclude the assignment of any aforesaid claim by way of subrogation
or otherwise to an insurance company (or any other person), the Consultant hereby
agrees immediately to give to each insurance company which has issued policies of
insurance pursuant hereto written notice of the terms of such waiver and to cause such
insurance policies to be properly endorsed, if necessary, to prevent the invalidation of
such insurance coverage’s by reason of such waiver.
ATTACHMENT G
CONTRACT AND BONDS
CONTRACT – 3802-NTT-00-GS-SM
This contract made this
day of
, 20
, by and
between North Texas Tollway Authority, a regional tollway authority and a political
subdivision of the State of Texas authorized and existing pursuant to Chapter 366 of the
Texas Transportation Code, hereinafter referred to as the “Authority”, and
,
a
, whose address is
, hereinafter referred to as the “Contractor”.
WHEREAS, the Authority desires to enter into a contract for the Project
construction as shown and described in the plans, Texas Standard Specifications,
Special Provisions, thereto and Special Specifications, and General Notes and
Specification Data included herein and all addenda thereto, and
WHEREAS, the Contractor has been engaged in and now does such work and
represents that it is fully equipped, competent, and capable of performing the desired
and herein outlined work, and is ready and willing to perform such work in accordance
with the prices in the proposal and the provisions of the herein included Texas
Standard Specifications as amended by the special provisions and special
specifications, the proposal, the plans, and all addenda thereto.
NOW THEREFORE, for and in consideration of the prices in the proposal, said
proposal being made a part of this contract for all purposes, the Contractor agrees to
do, at its own sole cost and expense, all the work necessary for the Project
improvement shown and described in the plans and in accordance with the provisions of
the Texas Standard Specifications, the Special Provisions thereto, and Special
Specifications, General Notes And Specification Data, and the Proposal, and all
addenda thereto, such addenda being
all of which are a part of this contract, and to
render all services, deliver all materials and furnish all equipment and labor required for
the performance thereof.
The work to be constructed under this contract shall be completed in full in 180
calendar days from the commencement of time charges. The work schedule will be
coordinated with NTTA staff and the Contractor assigned to the remodel of the
Command Center.
The Authority, in consideration of the full and true performance of said work by
the Contractor, hereby agrees and binds itself to pay the Contractor for the quantities of
work performed in compliance with this contract at the respective unit prices set forth in
the proposal, subject to adjustment as herein provided.
The Contractor expressly warrants that (a) to the best of Contractor's knowledge,
no member, employee, or agent of the Authority has any interest, direct or indirect, in
this contract, and (b) it has employed no third person to solicit or obtain this contract on
its behalf, or to cause or procure the same to be obtained upon compensation in any
way contingent, in whole or in part, upon such procurement, or in compensation for
services in connection therewith, any brokerage commission or percentage upon the
amount receivable by it hereunder; and (c) in estimating the price demanded by it
hereunder, it has not included any sum by reason of any such brokerage, contract,
commission or percentage, and that all moneys payable to it hereunder are free from all
obligations of any other person for services rendered, or supposed to have been
rendered, in the procurement of this contract. It further agrees that any breach of this
warranty shall constitute adequate cause for the annulment of this contract by the
Authority or for the deduction from any sums due or to become due thereunder an
amount equal to any brokerage, contract, commission, or percentage so paid or agreed
to be paid or both.
The undersigned signatory for the Contractor hereby represents and warrants
that he/she has complete authority to execute this contract on behalf of the Contractor.
The above-stated representation and warranty is made for the purpose of inducing the
Authority to execute this contract.
It is acknowledged and agreed by both parties hereto that this contract and the
documents referenced herein constitute the entire agreement between such parties for
the construction of the work contemplated herein.
Upon execution, this contract will supersede all prior discussions and
agreements of the parties relating to the subject matter hereof, by and between the
Authority and the Contractor. This contract (including the Plans, General Notes and
Specification Data, Texas Standard Specifications, Special Provisions, Special
Specifications, Proposals, and Contract Bonds referenced and all addenda and change
orders herein or exhibits, schedules and other attachments hereto) constitutes the final,
complete and exclusive understanding between the parties with respect to its subject
matter and supersedes all prior or contemporaneous agreements, whether oral or
written, in regard thereto. This contract cannot be amended or waived except by an
agreement in writing signed by authorized representatives of both parties and
specifically referring to this contract.
This contract shall be binding upon and inure to the benefit of the Authority, the
Contractor, and their respective heirs, executors, administrators, successors, and
permitted assigns, including without limitation any successor agency to the Authority.
Standard Provisions:
Governing Law; Venue. This contract shall be governed and construed in
accordance with the laws of the State of Texas. The parties hereto acknowledge that
venue is proper in Collin County, Texas, for all disputes arising hereunder and waive the
right to sue or be sued elsewhere.
Counterparts. This contract may be executed in two or more counterparts, each
of which shall be an original, but all of which shall constitute one and the same
instrument.
Severability. If any provision of this contract shall be determined by any court of
competent jurisdiction to be invalid and unenforceable to any extent, the remainder of
said provision and of this contract shall not be affected thereby, and each provision of
this contract shall be valid and shall be enforced to the fullest extent provided by law,
unless such provision or the application of such provision is, in the sole determination of
the Authority, essential to its rights hereunder, in which event the Authority may
terminate this contract in accordance with the optional termination provisions herein.
Non-Discrimination Policy. The Authority is an equal opportunity employer. In
conducting business with or on behalf of the Authority, the Contractor shall not
discriminate against any person because of race, age, color, religion, sex, sexual
orientation, gender identity, disability, veteran status, ancestry, national origin or place
of birth.
Captions Not A Part Hereof. The captions and headings of the several
sections, paragraphs, and divisions of this contract are inserted only as a matter of
convenience and for reference and in no way define, limit, or describe the scope of this
Agreement or the scope or content of any of its sections, paragraphs, divisions, or other
provisions.
IN WITNESS WHEREOF, the parties have caused this Agreement to become effective
as of the date first set forth above.
THE AUTHORITY:
ATTEST:
North Texas Tollway Authority,
a regional tollway authority and a political
subdivision of the State of Texas
By:
Secretary
Executive Director
Gerald Carrigan
ATTEST:
THE CONTRACTOR:
a
By:
Secretary
CONTRACT NO.
BOND NO.
03802-NTT-00-GS-SM
IN THE STATE OF §
TEXAS
§
§
§
COUNTY OF
§
COLLIN
§
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
That we
hereinafter referred to as “Principal” and
as Principal,
, a corporate
surety/sureties, duly authorized to do business in the State of Texas, hereinafter
referred to as Surety (whether one or more), are held and firmly bound unto the North
Texas Tollway Authority, a political subdivision of the State of Texas, hereinafter
referred to as “the Authority” in the penal sum of
Dollars ($
), lawful money of the United States, to
be paid in Plano, Collin County, Texas, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, administrators, executors, successors, and
assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain contract with the Authority, dated
the
day of
, 20
, attached hereto and
incorporated herein for all purposes as if fully set forth herein, to furnish all materials,
equipment labor and other accessories as defined by law, in the prosecution of the work
provided for in said contract.
NOW THEREFORE, the condition of this obligation is such that if the said Principal shall
faithfully perform said contract and shall in all respects duly and faithfully observe and
perform all and singular the covenants, conditions, and agreements in and by said
contract, agreed and covenanted by the Principal to be observed and performed, and
according to the true intent and meaning of said contract and the plans and
specifications therein referred to, and as well during any period of extension of said
contract that may be granted on the part of the Authority, as during the original terms of
same, then this obligation shall be and become null and void, otherwise to remain in full
force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
Collin County, Texas.
2004 Specifications
Revised: Jan-09
1 of 2
PERFORMANCE BOND
(Continue)
03802-NTT-00-GS-SM
AND, that said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the work
performed thereunder, or the plans, specifications, drawings, etc. accompanying same
shall in any way affect its obligation on this Bond; and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the contract or
to the work to be performed thereunder.
This bond is executed in compliance with the provisions of Chapter 2253 of the Texas
Government Code as amended.
IN WITNESS WHEREOF, the principal and the surety have signed this instrument by
duly authorized agents and officers and affixed corporate seals hereto on the
day of
, 20 .
Principal
By:
Title ____________________________
Surety (Print First Name and Seal)
*By:
*By:
(Title)
(Title)
TEXAS RESIDENT AGENT
Address
City/State/Zip
*Note:
If signed by an officer of the Surety Company, there must be on file a certified
extract from the by-laws showing that this person has authority to sign such
obligation. If signed by an Attorney-in-Fact, we must have a copy of the power
of attorney for our files.
2004 Specifications
Revised: Jan-09
2 of 2
CONTRACT NO.
BOND NO.
03802-NTT-00-GS-SM
IN THE STATE OF §
TEXAS
§
§
§
COUNTY OF
§
COLLIN
§
PAYMENT BOND
That we
as Principal, hereinafter
referred to as “Principal” and
,
a corporate surety/sureties, duly authorized to do business in the State of Texas,
hereinafter referred to as Surety (whether one or more), are held and firmly bound unto
the North Texas Tollway Authority, a political subdivision of the State of Texas,
hereinafter referred to as “the Authority” in the penal sum of
Dollars ($
),
lawful money of the United States, to be paid in Plano, Collin County, Texas, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs,
administrators, executors, successors, and assigns, jointly and severally, firmly by these
presents.
the
day of
, 20
, attached hereto and incorporated herein
for all purposes as if fully set forth herein, to furnish all materials, equipment labor and
other accessories as defined by law, in the prosecution of the work provided for in said
contract.
NOW, THEREFORE, the condition of this obligation is such that if the said Principal,
shall pay all sub-contractors, workmen, laborers, mechanics, furnishers of material and
claimants (as defined in Chapter 2253 of the Texas Government Code, as amended)
supplying labor and material to him or sub-contractor in the prosecution of the work
provided for in said contract, all monies to them owing by Principal for sub-contracts,
work, labor, and materials furnished for the construction of such improvements for the
North Texas Tollway Authority, then this obligation shall be and become null and void,
otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
Collin County, Texas.
AND, that said Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the contract or to the work
2004 Specifications
Revised: Sep-10
1 of 2
PAYMENT BOND
(Continue)
03802-NTT-00-GS-SM
performed thereunder, or the plans, specifications, drawings, etc. accompanying same
shall in any way affect its obligation on this Bond; and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the contract or
to the work to be performed hereunder.
This bond is executed in compliance with the provisions of Chapter 2253 of the Texas
Government Code, as amended.
IN WITNESS WHEREOF, the Principal and Surety have signed and sealed this
instrument by duly authorized agents and officers and affixed corporate seal hereto on
this the
day of
, 20
.
Principal
By:
Title
*By:
*By:
(Title)
(Title)
Address
City/State/Zip
*Note: If signed by an officer of the Surety Company, there must be on file a certified
extract from the by-laws showing that this person has authority to sign such obligation.
If signed by an Attorney-in-Fact, we must have a copy of the power of attorney for our
files.
2004 Specifications
Revised: Sep-10
2 of 2
CONTRACT NO.
BOND NO.
03802-NTT-00-GS-SM
IN THE STATE OF §
TEXAS
§
§
§
COUNTY OF
§
COLLIN
§
WARRANTY BOND
That we
as Principal, hereinafter
referred to as “Principal” and
, a
corporate surety/sureties, duly authorized to do business in the State of Texas,
hereinafter referred to as Surety (whether one or more), are held and firmly bound unto
the North Texas Tollway Authority, a political subdivision of the State of Texas,
hereinafter referred to as “the Authority” in the penal sum of
Dollars ($
), lawful money of the United States, to
be paid in Plano, Collin County, Texas, for the payment of which sum well and truly to
be made, we bind ourselves, our heirs, administrators, executors, successors, and
assigns, jointly and severally, firmly by these presents.
the
day of
, 20 , attached hereto and
incorporated herein for all purposes as if fully set forth herein, to furnish all materials,
equipment labor and other accessories as defined by law, in the prosecution of the work
provided for in said contract.
WHEREAS, by furnishing this warranty bond, the Principal is obligated to protect the
Authority against any defects in the portion of the work under said contract that is
described below, expressly including, but not limited to, defects in materials and
workmanship.
THE OBLIGATION TO PAY SAME is conditioned as follows:
The Principal shall repair or replace any defects in the work under said Contract that are
discovered to be defective in materials and/or workmanship at any time within two (2)
years from the date of final acceptance.
NOW THEREFORE, the condition of this obligation is such that if upon receiving written
notice of a defect in the Warranty Work, the said Principal shall begin to correct the said
defect and/or replace the defective Warranty Work within seven (7) days after the
Authority gives the Principal such notice (or within such other time as may be stipulated
by the Engineer in writing delivered to the Principal), and the said Principal shall
2004 Specifications
Revised: Nov-09
1 of 3
WARRANTY BOND
(Continue)
03802-NTT-00-GS-SM
thereafter diligently and continuously prosecute such repair and/or replace such
defective Warranty Work to a completion satisfactory to the Authority, then this
obligation shall be and become null and void, otherwise to remain in full force and
effect.
PROVIDED, HOWEVER, IF, the Principal shall fail so to correct and/or replace
defective Warranty Work, it is agreed that the Authority may cause any and all such
defective Warranty Work to be remedied and/or replaced, with all associated costs
thereof being borne by the Principal and the Surety under this Warranty bond.
AND PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall
lie in Collin County, Texas.
AND PROVIDED FURTHER, that this bond shall automatically be increased by the
amount of any change order or supplemental agreement which increases the Contract
price related to the Warranty Work or any component thereof, but in no event shall a
change order or supplemental agreement which reduces the Contract price decrease
the penal sum of this Bond.
AND PROVIDED FURTHER, that said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the
contract or to the work performed thereunder, or the plans, specifications, drawings, etc.
accompanying same shall in any way affect its obligation on this Bond; and it does
hereby waive notice of any such change, extension of time, alteration or addition to the
terms of the contract or to the work to be performed thereunder.
2004 Specifications
Revised: Nov-09
2 of 3
WARRANTY BOND
(Continue)
03802-NTT-00-GS-SM
IN WITNESS WHEREOF, the Principal and the Surety have signed this instrument by
duly authorized agents and officers and affixed corporate seals hereto on the
day of
, 20 .
Principal
By:
`
Title
*By:
*By:
(Title)
(Title)
Address
City/State/Zip
*Note:
If signed by an officer of the Surety Company, there must be on file a certified
extract from the by-laws showing that this person has authority to sign such
obligation. If signed by an Attorney-in-Fact, we must have a copy of the power
of attorney for our files.
2004 Specifications
Revised: Nov-09
3 of 3
ATTACHMENT H
FLOOR PLANS
PROJECT LOCATION MAP
S
A.F.F
ALT.
ALUM
ARCH
BM.
BD.
BLK.
BOT.
BLDG
B.U. R
CLG.
COL.
CONC
CMU
CONS
CONT
CONT
C.J.
DET.
DIA.
DR.
D.S.
EA.
E.W.
ELEC
E.W.C
EL.
ELEV
EQ.
E.J.
EXT.
FIN.
FRL.
F.D.
GALV
G.I.
GA.
GYP.B
HARD
HT.
H.M.
HOR.
HR.
I.D.
INSUL
INT.
(21) MITSUBISHI VS-72WEF78
ILLUMINATED REAR PROJECTION
CUBES
CUSTOM MILLWORK WITH
BRUSHED NICKEL PULLS AND LOCKS
OVER VIDEO WALL STRUCTURAL
SUPPORT SYSTEM. COORDINATE
W/ CONTRACTOR.
D.P.S. LT.
OFFICE
BREAKROOM
1'-7 1/4"
233
223
6'-6 1/2"
5'-0"
COMMAND CENTER
9'-6"
5'-0"
8'-10"
10'-8"
132
10'-0"
149
CONFERENCE ROOM
9'-6 3/4"
10'-0"
16'-2" FIELD VERIFY
3'-0"
8"
8"
(21) MITSUBISHI VS-72WEF78
ILLUMINATED REAR PROJECTION
CUBES
06/A3.01
07/A3.01
COORDINATE MILLWORK
DETAILS WITH STRUCTURAL
FRAME PROVIDED BY VIDEO
WALL VENDOR.

NORTH TEXAS TOLLWAY AUTHORITY RFP- 03802-NTT-00-GS

Transcription

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