CITY OF

Electric Energy Portfolio
Managed Services
RFP No. 201919
Due: March 7, 2019
REQUEST FOR PROPOSAL
300-1 Industrial Ave

PO Box 409

Georgetown, TX 78626

Georgetown, TX 78627

 TABLE OF CONTENTS
I.

DEFINITIONS..............................................................................................................................3

II.

NOTICE TO PROPOSERS ............................................................................................................3

III.

BACKGROUND ...........................................................................................................................8

IV.

SCOPE OF WORK .......................................................................................................................10

V.

EVALUATION AND SELECTION PROCESS ...................................................................................11

VI.

STANDARD TERMS AND CONDITIONS ......................................................................................13

VII.

PROPOSAL SUBMISSION REQUIREMENTS ................................................................................13

VIII. CERTIFICATION AND ACKNOWLEDGEMENT…………………………………………………………………………15
IX.

CITY REQUIRED TERMS AND CONDITIONS………………………………………………………ATTACHMENT A

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 I.

DEFINITIONS

The following definitions shall apply in this RFP:
Agreement or Contract – A mutually binding legal document obligating the Successful Proposer to
furnish the services specified within this solicitation and as agreed, and obligating the City to pay for
such services.
City – The City of Georgetown, located in Williamson County, Texas.
City Council – The elected officials of the City of Georgetown, Texas given the authority to exercise such
powers and jurisdiction of all City business as conferred by the City Charter and State Constitution
and Laws.
Proposer– A firm or individual submitting a Proposal in response to this Request for Proposal.
RFP – Request for Proposal.
Successful Proposer – Proposer whose proposal is selected based on the criteria set forth in this RFP.

II. NOTICE TO PROPOSERS
A. PURPOSE
The City of Georgetown seeks to enter into an agreement with a qualified firm with substantial
and relevant experience and expertise to provide ongoing managed services for the electric
utility’s energy portfolio.
The Successful Proposer must meet all requirements of this RFP, maintain proper licensing, and
comply with all federal, state, and local laws and mandates relative to the services specified in this
RFP.
B. NOTICE
Sealed proposals are due at 2:00 PM (CST) on Thursday, March 7, 2019 after which time all
qualified proposals will be acknowledged at 300-1 Industrial Ave, Georgetown, Texas 78626.
Proposals received after the specified deadline will be returned unopened.
(1 original and 5 duplicate copies – marked “copy”) plus 1 digital copy (CD/DVD/thumb drive) of
proposals must be provided.
Sealed proposals, to include digital copy, shall be clearly marked with the RFP number and title, F
irm’s name, and addressed to the City of Georgetown – Purchasing Department.
Proposals shall be delivered using one of the following:
Hand-deliver to:

Ship to (US mail, FedEx, UPS, DHL, etc.):

300-1 Industrial Ave.

300-1 Industrial Ave.

Georgetown, TX 78626

Georgetown, TX 78626

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 NOTE: Procurement opportunities are posted on the City of Georgetown’s On-Line Bidding
System and can be downloaded from:
https://gtowntx.ionwave.net/CurrentSourcingEvents.aspx.
You may receive notice of proposals for the City of Georgetown from a variety of channels.
Approved methods of dissemination include: City of Georgetown website or the City of
Georgetown Purchasing Office. The receipt of solicitations through any other means may result in
the receipt of incomplete specifications or addenda which could ultimately render Proposer’s
proposal response non-compliant. City of Georgetown accepts no responsibility for the receipt of
notifications for solicitations through any other source.
C. QUESTIONS AND INQUIRIES
Effective immediately upon release of this solicitation and until contract award, all official
communications from Proposer regarding the requirement of this RFP shall be submitted in
writing via email to the following point of contact:
Nicole Abrego
Buyer
Email: Nicole.abrego@georgetown.org
The deadline for written questions is 5:00 PM (CST) on Friday, February 22, 2019. This deadline
has been established in order to provide adequate time for City staff to prepare responses to
questions from Proposers. Proposers shall not attempt to contact City Council members, City
staff, or City Management directly during the pre-proposal or post-proposal period. The City
intends to respond to all appropriate questions or concerns; however, the City reserves the right to
decline to respond to any question or concern. All material modifications, clarifications, or
interpretations will be incorporated into an addendum which will be publically posted. All addenda
issued prior to the due date and time for responses are incorporated into the RFP and must be
acknowledged in the proposal response. Only written information provided shall be binding.
Oral or other interpretations shall not be binding and are held without legal effect.
D. ANTICIPATED SCHEDULE OF IMPORTANT DATES
The City will generally comply with the following schedule for the selection process, subject to
changes necessary to ensure fairness and to accommodate unanticipated events:
Release of RFP
Deadline for Questions and Inquiries
Proposals Closing Date and Time
Expected Award by City

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February 8, 2019
Friday, February 22, 2019 at 5 p.m.
Thursday, March 7, 2019 at 2 p.m.
Tuesday, April 9, 2019

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 E. DISCLOSURE
All proposals will be kept confidential during the negotiation process. Except for trade secrets and
confidential information which Proposers identify as proprietary, all proposals will be open for
public inspection after the contract award.
F. DISCLOSURE OF CONFLICT OF INTEREST
Chapter 176 of the Texas Local Government Code requires that any vendor or person considering
doing business with a local government entity disclose the vendor or person's affiliation or
business relationship that might cause a conflict of interest with a local government entity. The
Conflict of Interest Questionnaire form is available from the Texas Ethics Commission at
www.ethics.state.tx.us. Any completed Conflict of Interest Questionnaires shall be submitted to
the City. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest
may automatically result in the disqualification of the vendor's offer.
G. DISCLOSURE OF INTERESTED PARTIES
Contracting hereunder may require compliance with §2252.908 Texas Government
Code/Disclosure of Interested Parties for contracts that (1) require an action or vote by the City
Council before the contract may be signed; or (2) has a value of at least $1 million. The law
provides that a governmental entity may not enter into certain contracts with a business entity
unless the business entity submits a disclosure of interested parties to the governmental entity at
the time the business entity submits the signed contract to the governmental entity or state
agency.
The process as implemented by the Texas Ethics Commission (“TEC”) is as follows:
1. The disclosure of interested parties must be performed using the Texas Ethics Commission’s
electronic filing application listing each interested party of which the business entity is
aware on Form 1295, obtaining a certification of filing number for this form from the TEC, and
printing a copy of it to submit to the City.
2. The copy of Form 1295 submitted to the City must be notarized and contain the unique
certification number from the TEC. The form must be filed with the City pursuant to
Section 2252.908 Texas Government Code, “at the time the business entity submits the
signed contract” to the City.
3. The City, in turn, will submit a copy of the disclosure form to the TEC not later than the 30th
day after the date the City receives the disclosure of interested parties from the business entity.
H. EXCEPTIONS
Any deviations from terms, conditions or specifications contained herein must be clearly
indicated in the Proposal. Any deviations or exceptions are subject to review by the City and
may deem the Proposal disqualified or non-responsive. If no exceptions are stated, it will be
understood that all general terms and conditions and specific requirements will be complied with,
without exception.
I. BUSINESS PRACTICES

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 Minority business enterprises and/or historically underutilized businesses will be afforded full
opportunity to submit proposals in response to this solicitation and will not be discriminated against
on the grounds of race, color, creed, sex, or national origin in consideration for an award.
J. CLAIMS
If a claim, demand, suit or other action is asserted against the Vendor which arises under or
concerns the Agreement, or which could have a material adverse effect on the Vendor’s ability
to perform thereunder, the Vendor shall give written notice to the City within ten (10) calendar
days after receipt of notice by the Vendor. Such notice to the City shall state the date of
notification of any such claim, demand, suit or other action; the names and address of the
claimant(s); the basis thereof; and the name of each person against whom such claim is asserted.
Such notice shall be delivered to the Purchasing Department as set forth below and to the City
Attorney at PO Box 409, Georgetown, TX 78627.
K. COLLUSION
Advanced disclosures of any information to any particular respondent which gives that particular
respondent any advantage over any other interested proposer in advance of the opening of
proposals, whether in response to advertising or an informal request for proposals, made or
permitted by a member of the governing body or an employee or representative thereof, will
cause to void all responses to that particular proposal solicitation or request.
L. TAX EXEMPT
Proposer’s bid prices must be net, exclusive of taxes. The City is exempt from State Retail Tax and
Federal Excise Tax.
M. RECEIPT OF PROPOSALS
Proposal(s) must be received by the City’s Purchasing Department prior to the time and date
specified. The mere fact that the proposal was dispatched will not be considered; the Proposer
must insure that the proposal is actually delivered. The time proposals are received shall be
determined by the time clock stamp in the City’s Purchasing Department.
N. PUBLIC INFORMATION
All Proposals are subject to release as public information unless the Response or specific parts of
the Response can be shown to be exempt from the Texas Public Information Act. Proposers are
advised to consult with their legal counsel regarding disclosure issues and take the appropriate
precautions to safeguard trade secrets or any other proprietary information. The City assumes no
obligation or responsibility for asserting legal arguments on behalf of potential Proposers.
If a Proposer believes that a Response or parts of a Response are confidential, then the Proposer
shall so specify. The Proposer shall stamp in bold red letters the term "CONFIDENTIAL" on that part
of the Response, which the Proposer believes to be confidential. Vague and general claims as to
confidentiality shall not be accepted. All Proposals and parts of Proposals that are not marked as
confidential will be automatically considered public information.

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 O. REIMBURSEMENTS
There is no express or implied obligation for the City of Georgetown to reimburse responding
Proposers for any expenses incurred in preparing proposals in response to this request, and the
City of Georgetown will not reimburse Proposers for these expenses, nor will the City pay any
subsequent costs associated with the provision of any additional information or presentation, or
to procure a contract for these services.
P. REPRESENTATIONS AND RESPONSIBILITIES
By submitting a proposal in response to this RFP, Proposer represents that it has carefully read and
understands all elements of this RFP; has familiarized itself with all federal, state, and local laws,
ordinances, and rules and regulations that in any manner may affect the cost, progress, or
performance of the work; and has full knowledge of the scope, nature, quality, and quantity of
services to be performed.
By submitting a proposal in response to this RFP, Proposer represents that it has not relied
exclusively upon any technical details in place or under consideration for implementation by the
City, but has supplemented this information through due diligence research and that the Proposer
sufficiently understands the issues relative to the indicated requirements.
The failure or omission of Proposer to receive or examine any form, instrument, addendum, or
other documents or to acquaint itself with conditions existing at the site or other details shall in no
way relieve Proposer from any obligations with respect to its proposal or to the contract.
Q. MANAGEMENT
Should there be a change in management after the due date and time, but before a contract is
awarded, Proposers must notify the City immediately. This may result in further evaluation.
Should a change in management occur after the contract is awarded, the contract shall be
canceled unless a mutual agreement is reached with the new owner or manager to continue the
contract. Any resulting contract is nontransferable by either party.
R. PRICE WARRANTY
The Vendor warrants the prices quoted are not materially higher than the Vendors current
prices on orders by others for like deliverables under similar terms of purchase. In addition to any
other remedy available, the City may deduct from any amounts owed to the Vendor, or otherwise
recover, any amounts paid for items materially in excess of the Vendor’s current prices on orders
by others for like deliverables under similar terms of purchase.
S. PERSONAL INTEREST
No officer, employee, independent consultant, or elected official of the City who is involved in the
development, evaluation, or decision-making process of this solicitation shall have a financial
interest, direct or indirect, in the resulting Agreement. Any willful violation of this paragraph shall
constitute impropriety in office, and any officer or employee guilty thereof shall be subject to
disciplinary action up to and including dismissal. In the event a member of the governing body
or an appointed board or commission of the City belongs to a cooperative association, the
City may purchase services from the association only if no member of the governing body,
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 board, or commission will receive pecuniary benefit from the purchase, other than as reflected
as in increase in dividends distributed generally to members of the association. Any violation of
this provision with the knowledge, expressed or implied, by the vendor shall render the
Agreement voidable by the City. Nevertheless, the City may obtain the services under the
Agreement if a conflict of interest affidavit is filed and the Council member recuses him/herself.
T. INTERLOCAL AGREEMENT
Other governmental entities may be extended the opportunity to purchase from Solicitations
awarded by the City, with the consent and agreement of the successful Vendor(s) and the City.
Such consent and agreement shall be conclusively inferred from lack of exception to this clause
in Vendor’s Response. However, all parties indicate their understanding and all parties hereby
expressly agree that the City is not an agent of, partner to or representative of those outside
agencies or entities and that the City is not obligated or liable for any action or debts that arise
out of such independently negotiated piggyback procurements.
U. WITHDRAWAL OF PROPOSALS
Proposers may request withdrawal of a sealed proposal prior to the scheduled proposal closing
time, provided the request for withdrawal is submitted to Purchasing in writing.
V. PROTEST PROCEDURES
1. Proposers are advised that protests of specifications, terms, conditions or any other aspect of
this solicitation, must be made prior to the proposal due date. Protest of specifications and
solicitation terms and conditions made after the due date and time will not be considered by
the Buyer.
2. Protest of award must be made immediately, and in no event later than five (5) days after the
aggrieved party knows, or should have known, the facts giving rise thereto. All protests must
include the following information:
• The name, address and telephone number of the protestor
• The signature of the protestor or protestor’s representative
• The solicitation or contract number
• A detailed statement of the legal and/or factual ground of the protest
• The form of relief/result requested
Protests shall be mailed to the Purchasing Department, P.O. Box 409, Georgetown, TX
78627, Attention: Rosemary Ledesma. Award will be made in the best interest of the City.

III. BACKGROUND
A. CITY OF GEORGETOWN
Georgetown is a Home Rule Charter City and operates under a Council - Manager Form of
government. A mayor, elected at large, and seven council members, elected from single
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 member districts, serve staggered, three-year terms. Georgetown is located on Interstate 35, the
major corridor between Dallas and San Antonio, at the intersection of State Highway 130.
Georgetown was founded in 1848 with a strong agricultural base, in the heart of Williamson
County, 26 miles north of Austin. Today, Georgetown has an estimated population of 59,391
within the City limits, with an estimated population of 85,753 within the extra-territorial
jurisdiction (ETJ) and serves as the county seat of Williamson County.
The City of Georgetown Utility Systems (GUS) opened their first power plant in 1911. This plant
used both coal and diesel fuel as a resource, served the population of the time and operated until
the 1940s. In 1942, the City began a long term relationship with the Lower Colorado River
Authority (LCRA), where the LCRA was responsible for securing generation, and providing
transmission and transformation services to GUS, with the City retaining the right to serve the end
user customers. In 2012, the City opted to stop taking delivery from LCRA and put out bids for
replacement power.
The City contracted in 2013 for 144MW of wind energy with Spinning Spur 3 through 2035, and
contracted in 2015 for 150MW of solar energy with Buckthorn through 2043. The City also has a
natural gas contract with Mercuria that expires in 2021. These contracts put GUS in a long position
and the quantities were based upon Georgetown’s continued strong growth patterns, previous
experience with high cost spikes for peaking energy, the Energy Reliability Council of Texas forecast
for energy shortages and predictions of increasing prices. The excess energy that is not utilized by
GUS customers is settled in the Energy Reliability Council of Texas (ERCOT) market.
Garland Power and Light currently provides the City with ERCOT Qualified Scheduling Entity (QSE)
services for both Resource Entity and Load Serving Entity. The City has contracted consulting
services to provide power price hedging services and to evaluate and assist the City in managing
power supply price and performance and risk based upon the City’s power supply contracts with
market participants which provide for its utility load, with the assistance of two GUS employees.
The City has experienced significant budget variances since the approval of the long term contracts,
which is driving a review of management strategies to ensure sustainability for future electric
energy resource management functions.

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 IV. SCOPE OF WORK
The Successful Proposer will provide managed services to manage the energy portfolio for the City
of Georgetown. Desired services include, but are not limited to the services listed below. The
proposal may also contain additional recommended or value-added services provided by the
Proposer.
• Initial and ongoing strategic management services. Provide portfolio modeling of load,
resources and risk management with the ability to provide both single point estimates as
well as probability distributions of possible results. Perform energy portfolio risk
assessment and facilitate development of risk tolerance and risk policies. Work with the
City to review and assess energy portfolio goals and strategies to enhance performance
and mitigate exposure to risks. Develop specific risk management strategies in support of
portfolio strategies.
• Initial and ongoing power marketing, trading and operations management services.
Provide power marketing and origination services for seasonal, intermediate and long term
management of products and deals, supplementing short-term operations to proactively
enhance the portfolio consistent with risk tolerance and corresponding risk management
objectives. Manage contracted supply resources, and market transactions to meet
capacity, energy and ancillary service obligations using load following, portfolio
optimization, resource scheduling and congestion management. Forecast expected
weather, load and intermittent resource production. Plan, coordinate and execute daily
power optimization strategies. Execute transactions to meet risk management and load
requirements. Provide real-time portfolio management.
• Ongoing contract management, trading controls and credit services in support of power
marketing and trading. Provide contract management services to implement controls,
ensure contracts are in place, maintained, current and summarized, and ensure
transactions comply with contracts. Provide trading controls to ensure policy and
regulatory compliance, trade capture review, validation and accuracy tracking and forward
curve development and reporting. Provide credit services to facilitate establishment of
credit policies, evaluate counterparty creditworthiness, assign credit ratings, manage
credit limits, calculate exposure and manage collateral.
• Ongoing scheduling services in support of daily transaction execution.
Proposer will provide these services as follows:

Successful

• Initially, Successful Proposer to provide Garland Power & Light (GPL), as the
current GUS QSE, with required information to support their performance of
QSE services. GPL provides GUS with ERCOT Qualified Scheduling Entity (QSE)
services for both Resource Entity and Load Serving Entity.

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 • Subsequent to expiration of the current QSE services, Successful Proposer will
provide QSE services including: ancillary service obligations, ancillary service
and energy bidding/offering, bilateral transaction scheduling and facilitation,
congestion revenue rights, load obligation scheduling, load obligation
bidding/offering and transmission loss factor scheduling. Additional desired
service include support for Load Acting as a Resource (LaaR) and Emergency
Response Services.
• Ongoing settlement services. Provide settlement services to reconcile and validate energy
transactions and invoices for ERCOT settlement statements as well as bilateral
transactions. Prepare required invoices for bilateral agreements. Indicate Provider’s
proposed method or methods for processing and payment of third party invoices and
Provider’s invoices to GUS.
• Performance reporting. Provide performance reporting to support portfolio performance
analysis and improvement. Provide profit and loss reporting, resource performance,
locational marginal pricing node trends, day-ahead and real-time price spreads, congestion
costs, and risk management performance and other reporting as required. Provide client
portal and dashboards.
• Regulatory Services. Provide regulatory services to ensure regulatory compliance and
maintain market awareness.
• Collateral. Indicate any ERCOT, bilateral and trade transaction collateral coverage
extended by Provider.

V. EVALUATION AND SELECTION PROCESS
CLARITY AND QUALITY OF PROPOSAL
Proposers must provide comprehensive responses to every section within this RFP in the described
format. It is not the intent of the City to constrain Proposers with regard to content, but to assure that
the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review
and evaluation. Failure to do so may result in Proposer’s proposal being disqualified from further
review and consideration.
Written proposals must present Proposers’ qualifications and understanding of the work to be
performed. Proposals must be as thorough and detailed as possible so that the City may properly
evaluate capabilities to provide the requested services. The City will evaluate each Proposer’s responses
to the requirements contained in this RFP.
EVALUATION CRITERIA
In selecting the Successful Proposer, the City will use a two-step process as follows:
STEP ONE
The following evaluation criteria, description and relative weight assigned to each shall be used to
review each Proposal and to select finalists:
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 Experience and Qualifications

50 points

•

Reputation of the proposer

•

Proposed team experience and qualifications , including experience with ERCOT
(Electric Reliability Council of Texas)

•

Examples of previous work with municipally owned electric utilities that are Transmission
Dependent Utilities public power cities

•

Proposer’s creditworthiness and credit rating.

Methodology and Technical Approach
•

Demonstration of capacity to provide the scope of services

•

Ability to meet timeline

Reference Checks for three previous projects
•

Positive references for prior work

•

Proposer’s past relationship with the City or public power

20 points

15 points

Cost Proposal

15 points

TOTAL POINTS AVAILABLE

100

STEP TWO
The Proposers selected as finalists in Step One evaluation will be asked to provide a Best and Final
Offer based upon the City’s review of the proposals in Step One. The City reserves the right to require
a Non-Disclosure Agreement to be executed by all finalist Proposers if needed in order to provide
relevant information to the Proposer for their preparation of a Best and Final Offer.
FINAL SELECTION
The Successful Proposer, if any, selected by the City through this RFP will be the Proposer that submits
a Proposal and Best and Final Offer that is most advantageous to the City.
By submission of a proposal, Proposer acknowledges acceptance of the evaluation process, the
evaluation criteria, scope of work, and all other terms and conditions set forth in this RFP. Further,
Proposers acknowledge that subjective judgements must be made by the City during this process.
The City makes no guarantees or representations that any award will be made and reserves the right
to cancel this solicitation for any reason or do any of the following:
•

Reject any and all proposals received as a result of this RFP

•

Waive or decline to waive any informality and any irregularities in any proposal or
responses received

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 •

Negotiate changes in the Scope of Work or services to be provided

•

Withhold the award of contract(s)

•

Select Proposer(s) it deems to be most qualified to fulfill the needs of the City.
Proposer(s) with the lowest priced proposal(s) will not necessarily be selected, since a
number of criteria other than price are important in the determination of the most
acceptable proposal(s)

•

Terminate the RFP process.

VI. STANDARD TERMS AND CONDITIONS
The terms and conditions and insurance requirements listed in Attachment A or, in the sole discretion
of the City, terms and conditions substantially similar to those contained in the Attachment A, will be
included in the final agreement that results from this RFP. If Proposer takes exception to any terms or
conditions set forth in the Attachment A, Proposer will submit a list of the exceptions as part of its
proposal. Proposer’s exceptions will be reviewed by the City and may result in disqualification of
Proposer’s proposal as non-responsive to this RFP. If Proposer’s exceptions do not result in
disqualification of Proposer’s proposal, then the City may consider Proposer’s exceptions when City
evaluates the Proposer’s proposal.

VII. PROPOSAL SUBMISSION REQUIREMENTS
The Purchasing Department will not accept oral proposals or proposals received by telephone or FAX
machine. Proposals must be prepared simply and economically, providing a straightforward, concise
description of Proposer’s ability to meet all requirements and specifications of this RFP. Emphasis
should be focused on completeness, clarity of content, and responsiveness to all requirements
and specifications of this RFP.
The proposal must be submitted in hard copy. Proposer shall submit one (1) evident original and
five (5) copies, marked “copy” of the entire proposal, plus one (1) digital copy (on CD, DVD or thumb
drive).
The City requires complete responses to every section within this RFP. The intent of the proposal format
is to expedite review and evaluation. To facilitate the review of the responses, Proposers shall follow
the described format. It is not the intent to constrain Proposers with regard to content, but to
assure that the specific requirements set forth in this RFP are addressed in a uniform manner
amenable to review.
TAB A - FIRM BACKGROUND
The City is seeking a firm(s) with qualified experience and the capacity to provide the services
required.
1. Briefly introduce the firm and provide number of years in business.
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 2. Provide a summary of the administration, organization and staffing of the firm, including
multiple offices, if applicable.
3. Include the same for any associate firm or sub-consultant.
4. Provide the location of the firm or branch that will provide services to the City.
TAB B - PROJECT EXPERIENCE and QUALIFICATIONS
1. Provide details on experience and qualifications of the firm in performing services of similar
scope and size related to scope in the RFP.
2. Describe at least three (3) projects that are complementary in nature to this project.
References for each project should be included (preferably other Municipal, Town, or local
governments that the proposer has provided services to).
3. Identify the proposed team members who will provide services. Provide details on their
experience and qualifications. Include resumes for each person to be assigned. Include any
professional designations and affiliations, certifications and licenses, etc.
4. Provide details on the creditworthiness and credit rating of the firm.
TAB C - PROPOSED PLAN and TECHNICAL APPROACH
1. Provide a narrative description of the Firms’ plan to accomplish the work and services to be
provided to the City. Provide timelines and graphs for completing the work. Demonstrate
capacity to complete the work. Clearly acknowledge your understanding of the Scope of Work.
2. Provide suggestions and ideas for managing this project in an efficient, effective and
innovative manner.
3. Identify progress reports that will be made available during the process and key decision points.
TAB D - COST PROPOSAL
1. Provide a fixed fee not to exceed total cost proposal to include travel expenses.
2. The actual contract amount will be negotiated after the Firm has been selected and the scope
of work finalized.
TAB E - Proposer’s FORM OF AGREEMENT
1. Provide a copy of the Proposer’s form agreement for city review and further negotiation
2. List any exceptions to the City’s required terms and conditions and insurance requirements
listed in Attachment A.

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 VIII. CERTIFICATION and ACKNOWLEDGEMENT
The undersigned, as an authorized agent of the proposer, hereby certifies:
(

) The Proposer is in receipt of _________ addenda.

(

) The Proposer is familiar with all instructions, terms and conditions, and specifications stated in this
RFP.
( ) The Proposer has reviewed the City’s required Terms and Conditions released with this RFP (Exhibit
A), which will form the basis of any contract for the performance of the work. Any request for
modifications are included in the proposal by way of response included in TAB E.
(

) The Proposer is qualified to perform the work and services outlined in this RFP.

(

) The proposal was developed independently and submitted without collusion with any other
Proposer, City staff or City contractor, and the contents of the proposal have not been
communicated by the Proposer or, to the Proposer’s best knowledge and belief, by any one of its
employees or agents to any person not an employee or agent of the Proposer, and will not be
communicated to any person prior to the City’s final action on this RFP by City Council. Nothing in
this paragraph shall be construed to prevent or preclude two or more companies or persons from
joining together to submit a proposal for the work.

(

) The offers, terms and conditions of the proposal will remain valid and effective and may be relied
upon by the City for a period of ninety (90) days following the Proposal Closing Date and Time as
identified in this RFP or addenda.

Signed By: _________________________________ Title:
Typed Name: ____________________________ Company Name:
Phone No.: ______________________________ Fax No.:
Email:
Bid Address:
Order Address:
Remit Address:

P.O. Box or Street

City

State

Zip

P.O. Box or Street

City

State

Zip

P.O. Box or Street

City

State

Zip

Federal Tax ID No.: _____________________________
DUNS No.:____________________________________
Date:

________________

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 ATTACHMENT A
1. INDEMNITY. THE SUCCESSFUL PROPOSER SHALL DEFEND, INDEMNIFY AND
HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES
FROM AND AGAINST ANY AND ALL SUITS, ACTIONS, LEGAL PROCEEDINGS,
CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, JUDGMENTS, LOSSES, LIENS,
COSTS, EXPENSES, ATTORNEYS’ FEES AND ANY AND ALL OTHER COSTS, FEES
AND/OR CLAIMS OF ANY KIND OR DESCRIPTION ARISING OUT OF, IN
CONNECTION WITH OR RESULTING FROM THE AGREEMENT OR SERVICES
PROVIDED UNDER THE AGREEMENT OR FROM ITS NEGLIGENCE OR WILLFUL
ACT WHETHER SUCH ACT BE BY THE SUCCESSFUL PROPOSER OR ITS DESIGNEE.
THE CITY, AS A GOVERNMENTAL ENTITY IN THE STATE OF TEXAS, SHALL NOT
INDEMNIFY THE SUCCESSFUL PROPOSER.
2. Release by Successful Proposer. The Successful Proposer releases, relinquishes and discharges the
City, its elected officials, officers, directors, agents, employees, representatives and volunteers from
all claims, demands, and causes of action of every kind and character, including the cost of defense,
for any injury to or death of any person (whether employees of either party or other third parties) and
any loss or damage to any property that is caused by or alleged to be caused by, arising out of, or in
connection with the work it performed under this Agreement. This release shall apply regardless of
whether the claims, demands and/or causes of action are covered in whole or in part by insurance.
3. Dispute Resolution. If either the Successful Proposer or the City has a claim or dispute, the parties
shall first attempt to resolve the matter through this dispute resolution process. The disputing party
shall notify the other party in writing as soon as practicable after discovering the claim, dispute or
breach. The notice shall state the nature of the dispute and list the party’s specific reasons for such
dispute. Within ten (10) business days of receipt of the notice, both parties shall make a good faith
effort, in person or through generally accepted means, to resolve any claim, dispute, breach or other
matter in question that may arise out of, or in connection with, this Agreement. If the parties fail to
resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute, then the
parties may submit the matter to non-binding mediation upon written consent of authorized
representatives of both parties. If the parties cannot resolve the dispute through mediation, then either
party shall have the right to exercise any and all remedies available under law regarding the dispute.
4. Ownership of Documents. The City shall retain ownership of all associated work products and
documentation obtained from or created by the Successful Proposer pursuant to this Agreement.
Successful Proposer shall deliver all documents or other work product to the City upon request,
including original versions if so specified in the request.
5. Payment Terms. All payments will be processed in accordance with Texas Prompt Payment Act,
Texas Government Code, Subtitle F, Chapter 2251. The City will pay Successful Proposer within
thirty days after of receipt of a correct invoice for services. The Successful Proposer may charge a
late fee (fee shall not be greater than that permitted under the Texas Prompt Payment Act) for payments
not made in accordance with this prompt payment policy; however, the policy does not apply to
payments made by the City in the event: (a) there is a bona fide dispute between the City and
Successful Proposer concerning the goods, supplies, materials, equipment delivered, or the services
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 performed, that causes the payment to be late; (b) the terms of a federal agreement, grant, regulation
or statute prevents the City from making a timely payment with Federal funds; (c) there is a bona fide
dispute between the Successful Proposer and a subcontractor and its suppliers concerning goods,
supplies, material or equipment delivered, or the services performed, which caused the payment to be
late; or (d) the invoice is not mailed to the City in accordance with Agreement.
6. Termination for Convenience. The City shall have the right to terminate this Agreement, in whole
or in part, without cause any time upon thirty (30) calendar days’ prior written notice. Upon receipt
of a notice of termination, the Successful Proposer shall promptly cease all further work pursuant to
the Agreement, with such exceptions, if any, specified in the notice of termination. The City shall pay
the Successful Proposer, to the extent of funds appropriated or otherwise legally available for such
purposes, for all services performed and obligations incurred prior to the date of termination.
7. Termination for Cause. In addition to the termination rights described above, either party may
terminate this Agreement effective upon written notice to the other if the other breaches any of the
terms and conditions of this Agreement and fails to cure that breach within thirty (30) days after
receiving written notice of the breach. In the event of an incurable breach, the non-breaching party
may terminate this Agreement effective immediately upon written notice to the breaching party. In
addition to all other remedies available under law and in equity, the City may remove the Successful
Proposer from the City’s Vendor list in the event that this Agreement is terminated for cause and any
offer submitted by the Successful Proposer may be disqualified for up to three (3) years.
8. Non-Appropriation. This Agreement is a commitment of City’s current revenues only. It is
understand and agreed that the City shall have the right to terminate this Agreement at the end of any
City fiscal year if the governing body of the city does not appropriate funds sufficient to purchase the
services. The City may terminate for non-appropriation by giving the Successful Proposer a written
notice of termination at the end of its then current fiscal year.
9. Notices. Any notice or communication permitted or required by this Agreement shall be deemed
effective when personally delivered or deposited, postage prepaid, in the first class mail of the United
States properly, or sent via electronic means, addressed to the appropriate party at the address set forth
below:
Notice to the Successful Proposer:
______________________
______________________
______________________
______________________
______________________
Notice to the City:
City of Georgetown
ATTN: City Manager
P.O. Box 409
Georgetown, Texas 78627
________________@georgetown.org

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 With a copy to:
City of Georgetown
ATTN: City Attorney
P.O. Box 409
Georgetown, Texas 78627
________________@georgetown.org
10. Independent Contractor. The Agreement shall not be construed as creating an employer/employee
relationship, a partnership or joint venture. The Successful Proposer’s services shall be those of an
independent contractor. The Successful Proposer agrees and understands that the Agreement does not
grant any rights or privileges established for employees of the City. Successful Proposer shall not be
within protection or coverage of the City’s Worker Compensation insurance, Health Insurance,
Liability Insurance or any other insurance that the City, from time to time, may have in force.
11. Force Majeure. The City and the Successful Proposer will exert all efforts to perform the tasks set
forth herein within the proposed schedules. However, neither the City nor the Successful Proposer
shall be held responsible for inability to perform under this Agreement if such inability is a direct
result of a force substantially beyond its control, including but not limited to the following: strikes,
riots, civil disturbances, fire, insurrection, war, embargoes, failures of carriers, acts of God, or the
public enemy.
12. No Waiver. The waiver by either party of a breach or violation of any provision of this Agreement
shall not operate as or be construed to be a waiver of any subsequent breach hereof.
13. Nondiscrimination. The Successful Proposer, with regard to the work performed by it after award
and prior to completion of this Agreement, shall not discriminate on the basis of race, color, sex, or
national origin in the selection and retention of Sub-Successful Proposers, including procurements of
materials and leases of equipment. The Successful Proposer shall not participate either directly or
indirectly in the discrimination prohibited by any federal, state or local law.
14. Right to Audit. The Successful Proposer agrees that the representatives of the City shall have access
to, and the rights to audit, examine, or reproduce, any and all Successful Proposer records related to
the performance under this Agreement. The Successful Proposer shall retain all such records for a period
of four (4) years after final payment on this Agreement or until all audit and litigation matters that
the City has brought to the attention of the Successful Proposer are resolved, whichever is longer.
15. Advertising and Publicity. Successful Proposer shall not advertise or otherwise publicize, without
the City’s prior written consent, the fact that the City has entered into the Agreement, except to the
extent required by applicable law.
16. Confidential Information. Each party agrees not to use, disclose, sell, license, publish, reproduce or
otherwise make available the Confidential Information of the other party except and only to the extent
necessary to perform under this Agreement or as required by the Texas Public Information Act or
other applicable law. Confidential Information shall be designated and marked as such at the time of
disclosure. Each party agrees to secure and protect the other party’s Confidential Information in a
manner consistent with the maintenance of the other party’s confidential and proprietary rights in the
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 information and to take appropriate action by instruction or agreement with its employees, consultants,
or other agents who are permitted access to the other party’s Confidential Information to satisfy its
obligations under this Section. The provisions of this paragraph shall survive the term of the
Agreement.
17. Contractor Certification regarding Boycotting Israel. Pursuant to Chapter 2270, Texas Government
Code, Contractor certifies Contractor (1) does not currently boycott Israel; and (2) will not boycott Israel
during the Term of this Agreement. Contractor acknowledges this Agreement may be terminated and
payment withheld if this certification is inaccurate.
18. Contractor Certification regarding Business with Certain Countries and Organizations. Pursuant
to Subchapter F, Chapter 2252, Texas Government Code], Contractor certifies Contractor is not engaged
in business with Iran, Sudan, or a foreign terrorist organization. Contractor acknowledges this Agreement
may be terminated and payment withheld if this certification is inaccurate.
19. Severability. This Agreement is severable and if any one or more parts of it are found to be invalid,
such invalidity shall not affect the remainder of this Agreement if it can be given effect without the
invalid parts.
20. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas.
Venue shall be located in Williamson County, Texas.
21. Successors and Assigns. This Agreement shall bind and inure to the benefit of the parties hereto and
any subsequent successors and assigns; provided however, that no right or interest in the Agreement
shall be assigned and no obligation shall be delegated by the Successful Proposer without the prior
written consent of the City. Any attempted assignment or delegation by the Successful Proposer shall
be void unless made in conformity with this Paragraph.
22. Third Party Beneficiaries. Nothing contained in this Agreement shall create a contractual
relationship with or a cause of action in favor of a third party against either the City or the Successful
Proposer.
23. Entire Agreement. This Agreement, with all exhibits, includes the entire agreement of the City and
the Successful Proposer and supersedes all prior and contemporaneous agreements between the
parties, whether oral or written, relating to the subject of this agreement.

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 Insurance Requirements
I.
The Successful Proposer agrees to maintain the types and amounts of insurance required in this
Agreement throughout the term of the Agreement. The following insurance policies shall be required:
A.
B.
C.
D.

Commercial General Liability
Business Automobile Liability
Workers' Compensation
Professional Liability

II.
For each of these policies, the Successful Proposer’s insurance coverage shall be primary with
respect to the City, its officials, agents, employees and volunteers. Any insurance or self-insurance carried
or obtained by the City, its officials, agents, employees or volunteers, shall be considered in excess of the
Successful Proposer’s insurance and shall not contribute to it. No term or provision of the indemnification
provided by the Successful Proposer to the City pursuant to this Agreement shall be construed or
interpreted as limiting or otherwise affecting the terms of the insurance coverage. All Certificates of
Insurance and endorsements shall be furnished to the City’s Representative at the time of execution of this
Agreement, attached hereto as Exhibit D, and approved by the City before work commences.
III.

General Requirements Applicable to All Policies.
A.
B.
C.
D.

E.

F.

V.

Only licensed insurance carriers authorized to do business in the State of Texas shall be
accepted.
Deductibles shall be listed on the certificate of insurance and are acceptable only on an
“occurrence” basis.
“Claims made” policies are not accepted, except for Professional Liability insurance.
Coverage shall not be suspended, voided, canceled, or reduced in coverage or in limits
except after thirty (30) calendar days prior written notice has been given to the City of
Georgetown.
The Certificates of Insurance shall be prepared and executed by the insurance company or
its authorized agent. Each certificate shall contain the following provisions and warranties:
1.
The insurance company is licensed and authorized to do business in the State of
Texas
2.
The insurance policy is underwritten on forms provided by the Texas State Board
of Insurance or ISO
3.
All endorsements and coverages are included according to the requirements of this
Agreement
4.
The form of notice of cancellation, termination, or change in coverage provisions
is specified in this attachment
The City of Georgetown, its officials, agents, employees, and volunteers are to be listed as
Additional Insureds on the Commercial General Liability and Business Automobile
Liability Policies. The coverages shall contain no special limitations on the scope of
protection afforded the City, its officials, employees, and volunteers.

Commercial General Liability requirements:

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 A.
B.
C.
D.
E.

F.

VI.

Business Automobile Liability requirements:
A.
B.
C.
D.

VII.

Coverage shall be written by a carrier rated “A: VIII” or better in accordance with the
current A. M. Best Key Rating Guide.
Minimum Combined Single Limit of $1,000,000 per occurrence per project for bodily
injury and property damage with a $2,000,000 annual aggregate limit.
Coverage shall be at least as broad as Insurance Service's Office Number CG 00 01.
No coverage shall be excluded from the standard policy without notification of individual
exclusions being attached for review and acceptance.
The coverage shall not exclude: premises/operations; independent contracts;
products/completed operations; contractual liability (insuring the indemnity provided
herein); and where exposures exist, Explosion, Collapse and Underground coverage.
The City shall be listed as Additional Insured, and the policy shall be endorsed to waive
rights of subrogation, to be primary and non-contributory with regard to any self-insurance
or insurance policy held by the City.

Coverage shall be written by a carrier rated “A:VIII” or better in accordance with the
current Best Key Rating Guide.
Minimum Combined Single Limit of $1,000,000 per occurrence for bodily injury and
property damage.
The Business Auto Policy must show Symbol 1 in the Covered Autos portion of the liability
section in Item 2 of the declarations page.
The coverage shall include owned, leased or rented autos, non-owned autos, any autos and
hired autos.

Workers’ Compensation Insurance requirements:
A.

Pursuant to the requirements set forth in Title 28, Section 110.110 of the Texas
Administrative Code, all employees of the Successful Proposer, the Consultant, all
employees of any and all subconsultants, and all other persons providing services on the
Project must be covered by a workers compensation insurance policy, either directly
through their employer’s policy (the Successful Proposer’s, or subonsultant’s policy) or
through an executed coverage agreement on an approved DWC form. Accordingly, if a
subconsultant does not have his or her own policy and a coverage agreement is used,
Successful Proposers and subconsultants must use that portion of the form whereby the
hiring Successful Proposer agrees to provide coverage to the employees of the
subconsultant. The portion of the form that would otherwise allow them not to provide
coverage for the employees of an independent Successful Proposer may not be used.

B.

The workers compensation insurance shall include the following terms:
1.
2.
3.

Employer’s Liability limits of $1,000,000 for each accident is required.
“Texas Waiver of Our Right to Recover From Others Endorsement, WC 42 03 04”
shall be included in this policy.
Texas must appear in Item 3A of the Worker’s Compensation coverage or Item 3C

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 must contain the following: All States except those listed in Item 3A and the States
of NV, ND, OH, WA, WV, and WY.
VIII.

Professional Liability requirements:
A.
B.
C.

Coverage shall be written by a carrier rated “A:VIII” or better in accordance with the
current A. M. Best Key Rating Guide.
Minimum of $1,000,000 per occurrence and $2,000,000 aggregate, with a maximum
deductible of $100,000.00. Financial statements shall be furnished to the City upon request.
For “claims made” policies, the availability of a 24-month extended reporting period is
necessary. The retroactive date shall be shown on the certificate of liability insurance.

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