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Bid Invitation (2)7686 DEC Power Plan Outage Insurance Issue Date:4/13/2021 Questions Deadline:4/26/2021 03:00 PM (CT) Response Deadline:5/4/2021 01:00 PM (CT) Denton - Purchasing Contact Information Contact:Christa Christian, CPPB Address:Procurement and Compliance 901-B Texas Street Denton, TX 76209 Phone:(No) Phone xCalls Email:christa.christian@cityofdenton.com Page 1 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686 Event Information Number:7686 Title:DEC Power Plan Outage Insurance Type:Request for Proposal Issue Date:4/13/2021 Question Deadline:4/26/2021 03:00 PM (CT) Response Deadline:5/4/2021 01:00 PM (CT) Notes:The City highly recommends that respondents do not wait until minutes before the due date and time to submit proposal. The submittal process may take significant time. Power Plant Forced Outage Insurance Coverage or Products The City of Denton is located about 30 miles north of Dallas and Ft. Worth, Texas and is considered part of the Dallas/Ft. Worth metroplex. Denton Municipal Electric is the electric utility department owned by the City of Denton and has been in continuous operation since 1905. It serves over 53,000 customers over a service area of about 100 square miles. It operates 34 miles of high voltage transmission circuits and over 810 miles of distribution lines. This specification describes the requirements for generation utility plant forced outage insurance coverage/products to be purchased by The City of Denton for Denton Municipal Electric, (DME) and the Denton Energy Center ‘DEC’. DME is the wholly owned electric utility department of City of Denton, Texas. The power plant forced outage insurance coverage or products shall be used. The selection of a provider must be carefully coordinated with DME support staff. The scope of coverage or product shall be finalized upon the selection of the winning bidder(s). Billing Information Contact:Christa Christian, CPPB Address:Procurement and Compliance 215 E McKinney St Denton, TX 96201-4299 Phone:(No) Phone xCalls Email:christa.christian@cityofdenton.com Bid Attachments DME Outage Insurance RFP SoW v1.0 20210408.pdf Download SOW Page 2 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686 7686 - NDA.docx Download NDA 2020 DEC Gads Report.xlsx Download Report DME Forced Outage Coverage Pricing Sheet 20210408.xlsx Download Pricing Sheet Conflict_of_Interest_Questionaire.docx Download Conflict of Interest Questionnaire Requested Attachments Price Sheet (Attachment required) Confidentiality Agreement (Attachment required) Conflict of Interest Questionnaire (Attachment required) The individual or business must disclose any business relationship that would have an effect, of a conflict of interest. Please attach a signed copy of the conflict of interest questionnaire. W9 (Attachment required) Form of insurance policy with applicable terms and conditions Form of insurance binder Non-binding and indicative premium for the specified product Secretary of State Certificate (Attachment required) To do business with the City of Denton you are required to be registered at the State of Texas, please attach proof of registration. If your company is exempt, please attach your Exemption Certificate. Proposal (Attachment required) Executive summary explaining the understanding of the RFP and proposers' means and approach to accomplish the requirements of the RFP. Bid Attributes 1 SECTION 1 General Information 2 Contract Term City of Denton, DME is seeking proven vendor(s) that have verifiable experience in providing such coverage and/or products. DME is seeking coverage or products for the Denton Energy Center, 8161 Jim Christal Road, Denton, Texas 76207 for the period June 2021 through September 2021 Page 3 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686 3 Pricing Pricing shall be submitted on attached pricing sheet attached herein with their proposal. While this RFP is soliciting specified coverage parameters, DME reserves the right to request pricing for alternative parameters including but not limited to: Term – any set of months between June and September Deductible Amount – a specified dollar amount, MWhs, or number of units Strike price ($/MWh) Settlement index (ERCOT North Hub DAMSPP or RTSPP) Maximum payout 4 Submittal Instructions The City of Denton will accept electronic submittals in Ionwave until the date and time on the cover sheet of this solicitation. The City of Denton reserves the right to accept or reject in part or in whole any submission, and to waive technicalities of the submission, in the best interest of obtaining best value for the City. Each respondent is responsible for taking the necessary steps to ensure their submission is received by the date and time noted herein. The City is not responsible for any delays, internal or external, that may result in the submission arriving after the set time. SUBMISSION FORMAT Respondents shall provide detailed information to allow the City to properly evaluate the submission. The City requests the following format be used: 1. Submission shall be no more than 200 pages in length or 35MB file size 2. Utilize tabs to identify exhibits and attachments 3. Submit response, before the published due date 4. The submission shall include the following: a. Completed Bid Invitation b. Price Sheet c. Form of insurance policy with applicable terms and conditions d. Form of insurance binder e. Non-binding and indicative premium for the specified product f. Conflict of Interest Questionnaire g. Appendices may be used for additional documentation or clarification at the respondent's option h. Confidentiality Agreement Page 4 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686 5 Evaluation Procedures Evaluation Procedures Selection of a firm(s) to provide the aforementioned materials and services shall be in accordance with the City of Denton Purchasing Policies and procedures and the State of Texas Local Government Code 252.043. The City of Denton shall open all submissions and evaluate each respondent in accordance to the below criteria: Step 1: The City of Denton will evaluate the submission in accordance with the selection criteria and will rank the firms on the basis of the submittals. The City of Denton, reserves the right to consider information obtained in addition to the data submitted in the response. The selection criterion is listed below: Experience & Track Record (40%) Responders must provide an attestation that they have continuously provided power plant outage insurance in North America over the past 5 years, covering multiple units with experience in the ERCOT region. Financial Security (20%) Responders must be able to demonstrate sufficient financial resources strength and credit security to provide outage insurance coverage of this nature at utility scale orders of magnitude. Value Proposition to City of Denton (40%) Responders' coverage proposals will be evaluated according to their net value to the City of Denton in providing power plant outage coverage in order to mitigate economic risks of Denton Energy Center operations to the overall energy portfolio. The total possible score of the submissions shall be scored and weighted as indicated above. Based on the outcome of the computations performed, each submission will be assigned a raw score. The assigned weight will then be applied to these scores to calculate an overall score for each submission for completion of the final scoring process. Step 2: After the final ranking of the submissions and determination of Firm(s) that provide a best value to the City and are within the competitive range, provided the City of Denton elects to proceed without oral discussions, the City will immediately proceed to negotiate final pricing, terms and conditions with the highest ranked Firm or Firms. The City of Denton may elect to conduct oral discussions, request clarifications, and presentations concerning the project approach and ability to furnish the requirements, as part of the negotiation process. The City may elect to utilize a Best and Final negotiation phase to determine the Firm that provides the overall best value to the City. Step 3: Upon selection of the submission or Best and Final Offer that represents the best value; a written recommendation will be presented to the appropriate approving authority for the City of Denton (the City Manager, Public Utility Board, City Council) requesting authorization to proceed with contract execution for the proposed services. In accordance with Local Government Code 252.049, trade secrets and confidential information in competitive sealed proposals are not open for public inspection.All submissions shall be opened in a manner that avoids disclosure of the contents to competing respondents and keeps the responses secret during negotiations. A public opening will not be conducted with this process. After the contract has been awarded all submissions will be open for public inspection, and the unsuccessful respondent(s) may request a debriefing regarding their submittal. Please contact the City of Denton Materials Management staff to document the request for a debriefing. A meeting with the City of Denton Materials Management Staff and the using Division will be scheduled within a reasonable time. 6 Section 2 Business Overview Questionnaire 7 Firm's Legal Name (Required: Maximum 1000 characters allowed) Page 5 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686 8 Address Line 1 (Required: Maximum 1000 characters allowed) 9 Address Line 2 (Optional: Maximum 1000 characters allowed) 1 0 City (Optional: Maximum 1000 characters allowed) 1 1 State (Required: Maximum 1000 characters allowed) 1 2 Zip Code (Required: Maximum 15 characters allowed) 1 3 Agent Authorized to sign contract The agents name and email who is authorized to sign the contract (Required: Maximum 1000 characters allowed) 1 4 Subsidiary of: (Optional: Maximum 1000 characters allowed) 1 5 Organization Class Partnership Corporation Individual Association (Required: Check only one) Page 6 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686 1 6 Tax Payer ID (Required: Maximum 1000 characters allowed) 1 7 Date Established __ __ / __ __ / __ __ __ __ (Required) 1 8 Historically Underutilized Business Yes, We are a registered HUB. (Optional: Check if applicable) 1 9 Please provide a detailed listing of all products and/or services that your company provides. (Required: Maximum 4000 characters allowed) 2 0 Has your company filed or been named in any litigation involving your company and the Owner on a contract within the last five years under your current company name or any other company name? If so provide details of the issues and resolution if available. Include lawsuits where Owner was involved. (Notice: Failure to disclose this information during proposal submission, and later discovered, may result in contract termination at the Owner's option.) (Optional: Maximum 4000 characters allowed) 2 1 Have you ever defaulted on or failed to complete a contract under your current company name or any other company name? If so, where and why? Give name and telephone number of Owner. (Optional: Maximum 4000 characters allowed) Page 7 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686 2 2 Have you ever had a contract terminated by the Owner? If so, where and why? Give name and telephone number (s) of Owner (s). (Optional: Maximum 4000 characters allowed) 2 3 Has your company implemented an Employee Health and Safety Program compliant with 29 CFR 1910 General Industry Standard and/or 29 CFR 1926 General Construction Standards as they apply to your Company's customary activities? http://www.osha.gov/pls/oshaweb/owasrch.search_form? p_doc_type=STANDARDS&p_toc_level=1&p_keyvalue=1926 (Optional: Maximum 4000 characters allowed) 2 4 Resident/Non-Resident Bidder Determination Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits cities and other governmental units from awarding contracts to a non-resident firm unless the amount of such a bid is lower than the lowest bid by a Texas resident by the amount the Texas resident would be required to underbid in the non-resident bidders state. In order to make this determination, please provide the name, address and phone number of: a. Responding firms principle place of business: b. Company's majority owner principal place of business c. Ultimate Parent Company's principle place of business (Optional: Maximum 4000 characters allowed) 2 5 Section 3 Minimum Qualifications 2 6 Five (5) years experience providing similar products or services Yes No (Please Select) (Required: Check only one) Page 8 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686 2 7 Responders must provide an attestation that they have continuously provided power plant outage insurance in North America over the past 5 years, covering multiple units with experience in the ERCOT region. Yes No (Please Select) (Required: Check only one) 2 8 Reference 1 - Government/Company Name Person who you have done business with in the past 5 years. (Optional: Maximum 1000 characters allowed) 2 9 Reference 1 - Phone Enter phone number. (__ __ __) __ __ __ - __ __ __ __ext: (Optional) 3 0 Reference 1 - Contact Person & Title (Required: Maximum 1000 characters allowed) 3 1 Reference 1 - Email Address (Required: Email address) 3 2 Reference 1 - Scope of Work (Required: Maximum 1000 characters allowed) 3 3 Reference 1 - Contract Period (Required: Maximum 1000 characters allowed) 3 4 Reference 2 - Government/Company Name Person who you have done business with in the past 5 years. (Optional: Maximum 1000 characters allowed) Page 9 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686 3 5 Reference 2 - Phone Enter phone number (__ __ __) __ __ __ - __ __ __ __ext: (Optional) 3 6 Reference 2 - Contact Person & Title (Optional: Maximum 1000 characters allowed) 3 7 Reference 2 - Email Address (Optional: Email address) 3 8 Reference 2 - Scope of Work (Optional: Maximum 1000 characters allowed) 3 9 Reference 2 - Contract Period (Optional: Maximum 1000 characters allowed) 4 0 Reference 3 - Government/Company Name Person who you have done business with in the past 5 years. (Optional: Maximum 1000 characters allowed) 4 1 Refernece 3 - Phone Enter phone number (__ __ __) __ __ __ - __ __ __ __ext: (Optional) 4 2 Reference 3 - Contact Person & Title (Optional: Maximum 1000 characters allowed) 4 3 Reference 3 - Email Address (Optional: Email address) Page 10 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686 4 4 Reference 3 - Scope of Work (Optional: Maximum 1000 characters allowed) 4 5 Reference 3 - Contract Period (Optional: Maximum 1000 characters allowed) 4 6 Registered with the State of Texas The responding individual or business must be registered in the State of Texas, or the County of Denton, to provide the products or services required in the solicitation, and the individual or business must have all licensure required by the State to provide any services required under this contact. To learn how to obtain information about filing with the State of Texas, or obtaining copies or certificates from the Secretary of State visit Webpage: http://www.sos.state.tx.us/corp/copies.shtml; Phone 512-463-5578; or email corpcert@sos.state.tx.us. 4 7 Section 4 Terms and Conditions 4 8 General Provisions 1. SILENCE OF SPECIFICATIONS The apparent silence of these specifications as to any detail or the apparent omission from it of a detailed description concerning any point, shall be regarded as a meaning that the only best commercial practices are to prevail. All interpretations of these specifications shall be made on the basis of this statement. 2. RESPONDENTS COST TO DEVELOP SUBMITTAL Respondents to this solicitation are responsible for all costs of submittal preparation, delivery and any oral presentations required as part of the selection process. All materials submitted in response to the solicitation become property of the City of Denton and will be returned only at the option of the City. 3. MINIMUM RESPONSE Submittals that do not, at a minimum, contain the response Attachments will be subject to disqualification at the sole discretion of the City of Denton. If any firm submitting a proposal is a corporation, it must be registered to conduct business in the State of Texas. Proof of this registration must be included as part of the submittal. 4. VALIDITY PERIOD The information included in the solicitation response(s), and any cost information obtained from a negotiation process, remain valid for 240 days from the response due date or until the contract is approved by the governing body. 5. REJECTION OF SUBMITTAL ANY PROPOSAL SUBMITTED AFTER THE DUE DATE AND TIME SPECIFIED WITHIN SECTION III, SHALL BE REJECTED. THE CITY SHALL REJECT RESPONSES SUBMITTED BY FIRMS THAT DO NOT MEET MINIMUM QUALIFICATIONS. The City of Denton reserves the right to reject any and all submittals received in response to the solicitation and to waive any minor technicalities or irregularities as determined to be in the best interest of the City. 6. PROPRIETARY INFORMATION If a respondent does not desire proprietary information in the submission to be disclosed, the respondent shall identify all proprietary information in the submission. This identification will be accomplished by individually marking each page or line item detail with the words "Proprietary Information". If the respondent fails to identify proprietary Page 11 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686 information, the respondent agrees that by submission of its response, that those sections shall be deemed non- proprietary and made available upon public request. Respondents are advised that the City, to the extent permitted by law, will protect the confidentiality of all submissions. Respondent shall consider the implications of the Texas Public Information Act, particularly after the solicitation process has ceased and the contract has been awarded. While there are provisions in the Texas Public Information Act to protect proprietary information, where the respondent can meet certain evidentiary standards, please be advised that a determination on whether those standards have been met will not be decided by the City of Denton, but by the Office of the Attorney General of the State of Texas. In the event a request for public information is made, the City will notify the respondent, who may then request an opinion from the Attorney General pursuant to 552.305, Texas Government Code. The City will not make a request of the Attorney General. 7. NON-ENDORSEMENT If a submission is accepted, the successful respondent shall not issue any news releases or other statements pertaining to the award or servicing of the agreement that state or imply the City of Denton's endorsement of the successful respondent's services. 8. UNAUTHORIZED COMMUNICATIONS After release of this solicitation, respondent contact regarding this solicitation with members of the evaluation, interview or selection panels, employees of the City or officials of the City other than the Purchasing Manager, or authorized City of Denton purchasing staff, or as otherwise indicated is prohibited and may result in disqualification from this procurement process. No officer, employee, agent or representative of the respondent shall have any contact or discussion, verbal or written, with any members of the City Council, members of the evaluation, interview, or selection panels, City staff or City's consultants, or directly or indirectly through others, seeking to influence any City Council member, City staff, or City's consultants regarding any matters pertaining to this solicitation, except as herein provided. If a representative of any respondent violates the foregoing prohibition by contacting any of the above listed parties with who contact is not authorized, such contact may result in the respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding with regard to this solicitation. 9. DISQUALIFICATIONS Any terms and conditions attached to a solicitation will not be considered unless specifically referred to on a solicitation and may result in disqualification. Any submissions that do not clearly outline all qualifications may be disqualified. 10. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE (GOVERNMENTAL ENTITY OWNERSHIP) Any software, research, reports studies, data, photographs, negatives or other documents, drawings or materials prepared by contractor in the performance of its obligations under this contract shall be the exclusive property of the City of Denton and all such materials shall be delivered to the City by the contractor upon completion, termination, or cancellation of this contract. Contractor may, at its own expense, keep copies of all its writings for its personal files. Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than the performance of contractor's obligations under this contract without the prior written consent of the City; provided, however, that contractor shall be allowed to use non-confidential materials for writing samples in pursuit of the work. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the works. 11. AWARD The City reserves the right to award a contract or contracts to various respondents by line item, section(s), or by entire proposal; whichever is most advantageous, or provides the "best value" to the City, unless denied by the respondent. The City reserves the right to award a contract to a primary vendor, and one or multiple secondary vendors; whichever is most advantageous, or provides the "best value" to the City, unless denied by the respondent. 12. ANTICIPATED PROBLEMS AND PROPOSED SOLUTIONS Respondent shall offer written observations, based upon previous experiences in public projects of this magnitude, addressing any anticipated problems and offer proposed solutions to those problems. 13. ADDITIONAL GENERAL REQUIREMENTS Prior to commencement of the services, the City and selected individual or business will conduct an initial meeting to review the overall scope, schedule, deliverables and planning process to implement a successful program. Page 12 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686 The awarded Contractor shall provide to the City of Denton, detailed reports of time and services provided to the City on a monthly basis. Staff available to assist the selected provider is limited; the proposals submitted should not anticipate extensive staff assistance during equipment repairs or maintenance. 14. SUBMISSION ERRORS Prices offered shall be used for submission analysis and for agreement pricing. In case of errors in the pricing extension or totals, the unit pricing offered by the respondent will govern. 4 9 Bid Acceptance I have read and understand the Terms and Conditions, Specifications, and Insurance requirements, contained herein, and further agree to abide and accept said Terms, Conditions and Specifications. Yes Yes - with exceptions (Please Select) (Required: Check only one) 5 0 Bid Acceptance Exceptions If you answered yes - with exceptions to the above question please list the exceptions. (Additional exceptions will not be allowed during the negotiation process) (Optional: Maximum 4000 characters allowed) 5 1 Additional Agreement i. Respondents will provide a draft insurance policy with applicable terms and conditions Acknowledged (Required: Check if applicable) Page 13 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686 5 2 Acknowledgement The undersigned agrees this submission becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of materials and equipment; and all other matters that will be required for the work before submitting a response. The undersigned agrees, if this submission is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the specification. The period for acceptance of this submission will be 120 calendar days unless a different period is noted. The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been prepared in collusion with any other respondent, nor any employee of the City of Denton, and that the contents of this submission have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance of this submission. Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained in this solicitation package. The undersigned agrees that the solicitation package posted on the website are the official specifications and shall not alter the electronic copy of the specifications and/or pricing sheet, without clearly identifying changes. The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at: https://www.cityofdenton.com/en-us/business/solicitations-contracting to ensure they have downloaded all addendum(s). I certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this submission will be investigated, with my full permission, and that any misrepresentations or omissions may cause my submission to be rejected. Acknowledge (Required: Check if applicable) Page 14 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686 5 3 Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish an original Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 - Form 1295) 7. The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics Commission's website within seven business days. Acknowledge (Optional: Check if applicable) Page 15 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686 Supplier Information Company Name: Contact Name: Address: Phone: Fax: Email: Supplier Notes The undersigned agrees this submission becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the specification, drawings, exhibits and other documents; the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of materials and equipment; and all other matters that will be required for the work before submitting a response. The undersigned affirms that they are duly authorized to execute this contract, that this submission has not been prepared in collusion with any other respondent, nor any employee of the City of Denton, and that the contents of this submission have not been communicated to any other respondent or to any employee of the City of Denton prior to the acceptance of this submission. The undersigned affirms that they have read and do understand the specifications, all exhibits and attachments contained in this solicitation package. I certify that I have made no willful misrepresentations in this submission, nor have I withheld information in my statements and answers to questions. I am aware that the information given by me in this submission will be investigated, with my full permission, and that any misrepresentations or omissions may cause my submission to be rejected. Print Name Signature Page 16 of 16 pages Deadline: 5/4/2021 01:00 PM (CT)7686