HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-019Temp. Reso. #12308
January 31, 2013
Page 1 of 6
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2013-j%
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO ACCEPT
AND EXECUTE THE AGREEMENT AMENDMENT
#1, EXERCISING A SINGLE YEAR RENEWAL
OPTION BETWEEN THE CITY OF TAMARAC AND
SAK CONSTRUCTION, LLC., UTILIZING CHOICE
FACILITY PARTNERS (CFP) CONTRACT
#10/039MP-01 FOR AN AMOUNT NOT TO EXCEED
$1)6001000.00 FOR THE FY13 WASTEWATER MAIN
REHABILITATION INFLOW AND INFILTRATION
PROJECT; AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO ADMINISTER THE
CONTRACT; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Broward County Office of Environmental Services conducted an Inflow
& Infiltration (I & I) Study which identified the City of Tamarac as having an excessive
amount of I & I conveyed to the Broward County Treatment Facility; and
WHEREAS, at that time, the Director of Public Services chose to utilize available
contracts awarded by other governmental entities for Wastewater Collection System Inflow
and Infiltration Rehabilitation, as provided by City Code Section 6-148, which states that
the purchasing officer may utilize contracts with other governmental agencies; and
Temp. Reso. #12308
January 31, 2013
Page 2 of 6
WHEREAS, the Public Services Department Utilities Division's FY13 locations for
sewer main rehabilitation are located in Westwood 22, Westwood 23, Concord Village,
Westchester and Sands Point; and
WHEREAS, the Choice Facility Partners (CFP) national consortium, a division of
Harris County (Texas) Department of Education issued Contract #10/039MP-01 with SAK
Construction, LLC., for Trenchless Technology Rehabilitation with a contract term for this
year through October 19, 2013 on behalf of its members (a copy of which is attached
hereto as "Exhibit A"); and
WHEREAS, the City of Tamarac is a member in good standing of the Choice Facility
Partners (CFP) national consortium; and
WHEREAS, the City Commission of the City of Tamarac approved Resolution R-
2012-74 at its June 27, 2012 meeting authorizing the appropriate City officials to enter into
an Agreement with SAK Construction, LLC, to provide for Trenchless Technology
Rehabilitation, with the provision to renew the Agreement on an annual basis at the same
terms, conditions and pricing as the original Agreement, subject to renewal of the
Agreement by Choice Facility Partners (CFP), a copy of which is on file with the City Clerk;
and
Temp. Reso. #12308
January 31, 2013
Page 3 of 6
WHEREAS, both Choice Facility Partners (CFP) and SAK Construction, LLC., have
agreed to exercise a single year renewal option, which extends the terms and pricing of
Contract #10/039MP-01 to the City of Tamarac for the purpose of completing the FY13
Wastewater Main Rehabilitation Inflow and Infiltration Project (a copy of which is attached
hereto as "Exhibit B"); and
WHEREAS, the City Commission of the City of Tamarac has approved capital
funding for the FY13 Wastewater Main Rehabilitation Inflow and Infiltration Project as
recommended by the Public Services Department; and
WHEREAS, the Director of Public Services shall have the responsibility to assign
Work Tasks based on the most economical and structural need for wastewater main
repairs using the unit prices provided by SAK Construction, LLC., under Choice Facility
Partners issued Contract #10/039MP-01 in an amount not to exceed $1,600,000-00; and
WHEREAS, the Director of Public Services and the Purchasing and Contracts
Manager recommend exercising the single year renewal option of the agreement between
the City of Tamarac and SAK Construction, LLC.; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to accept and execute
Temp. Reso. #12308
January 31, 2013
Page 4of6
Agreement Amendment #1, exercising the single year renewal option with SAK
Construction, LLC, utilizing Choice Facility Partners (CFP) Trenchless Technology
Rehabilitation contract, in an amount not to exceed $1,600,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution
upon adoption hereof. The exhibits attached hereto are incorporated herein and made a
specific part of this resolution.
SECTION 2: The appropriate City officials are hereby authorized to accept
and execute Agreement Amendment #1, exercising the single year renewal option, for the
FY13 Wastewater Main Rehabilitation Inflow and Infiltration Project with SAK Construction,
LLC, utilizing Choice Facility Partners (CFP) issued Contract #1 0/039MP-01 , valid through
October 19, 2013 for an amount not to exceed $1,600,000-00 (a copy of which is attached
hereto as "Exhibit C").
SECTION 3:
The Director of Public Services is authorized to approve Work
Tasks in accordance with the schedule of prices under said contract in an amount not to
Temp. Reso. #12308
January 31, 2013
Page 5of6
exceed $1,600,000.00.
SECTION 4: The City Manager or his designee is hereby authorized to
approve and initiate Change Orders in amounts not to exceed $65,000.00 per Section 6-
147 of the City Code, and close the contract award, which includes but is not limited to
making final payment and releasing bonds per Section 6-149 of the City Code, when the
work has been successfully completed within the terms, conditions and pricing of the
agreement.
SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6:
If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 7:
passage and adoption.
2013.
Temp. Reso. #12308
January 31, 2013
Page 6 of 6
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this z)-7 day of �2
MAYOR
ATTEST:
PATRICIA TEUF��, CIVIC
INTERIM CITY C ERK
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO We
DIST 1: COMM. BUSH LL
DIST 2: COMM. ATKINS-GR D�
DIST 3: COMM. GLASSER r -
DIST 4: V/M DRESSLER z4f-a-�
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
�SAMUEL S. GOREN
CITY ATTORNEY
SAK Construction, LLC I Vendor Details I Choice Facility Partners
Page 1 of 1
877-696-2122
CDCHOICE
"EXHIBIT A"
TR #12308
HOME I BLOG Search this site...
PARTNERS About Us Member Services Vendors/Contracts Bidders/RFPs Contact
Recent Activity
January 17, 2013
Leader's Choice Technology issue - Jan
2013
January 15.2013
Electric Vehicle Charging Stations one of
new awarded contracts
V1ewA11 News
Events
County Judges and Commissioners Conforance
February 19, 2013 "
TASSO
February 18, 2013
TCEA
February 6, 2013
View All Events
SAK CONSTRUCTION, LLC
<< Go Back
MASTER CATEGORY:
Trenchiess Technology Rehabilitation
CONTRACT NUMBER: 101039MP 01
CONTRACT TERMS:
Initial Award Date:
1 Ot Renewal Start Date:
2''d Renewal Start Date:
Current Expiration Date:
Renewals Remaining:
October 19, 2010
October 19, 2011
October 19, 2012
October 19, 2013
2
APPROVED PRODUCT OR SERVICE:
MWBE/HUB Status: Not Certified
ABOUT THIS PARTNER:
read more
® 2013 Harris County Department of Education - All Rights Reserved I Bookmark Site I Privacy Polio I Con.act Us 1877-696-2 i 22
CONTRACT PARTNER: SAK
Construction, LLC
Contract Partner Web Site:
www.sakconst.com
APPROVED MARKET AREA:
TX
http://www.choicepartners.org/vendors/sak 1/31/2013
J
Abldih
P A RTWE RS
Harris County Department of Education
6300 Irvington Blvd., Houston, Texas 77022-5018
RFP # 10/039MP
Request for Proposals
For
Trenchless Technology Rehabilitation
and
Related Items and Services
Submittal Deadline and Proposal Opening Deadline:
Tuesday, July 20, 20101 1; 00 PM CDT
Proposals received after the date and time stated above will not be considered
Questions regarding this RFP must be submitted electronically or to the physical HCDE
Purchasing Department address no later than five (5) business days prior to the submittal
deadline date. All questions and answers will be posted on www-Lhoicefacifit
wpartnersore
05.24.10 S WL/13 RFP## 10/039MP Pagel of 36
TABLE OF CONTENTS
1.0 Notice of Intention...................R....l...•RR1....f................................ 3
2.0 Introduction of Choice Facility Partners ........... ...................... 3
3.0 Instructions to Proposer............................................................ 4
4.0 Evaluation and Award of Proposal(s)...................................... 6
5.0 Contract Terms and Conditions ..................................... 9
6.0 Scope of Proposal....................................,........,...........,............. 20
7.0 Specifications .... ..................../.......................R........,.................... 20
8.0 Price / Delivery Information..................i,......................,.......... 21
9.0 Vendor Questionnaire.........................................................,...,... 22
10.0 Company profile.........1............................................................... 27
11.0 Attachments..................................................:.,....,...................,... 28
#1 —Insurance Requirement, *000 00 go so*4181 so 0 0 ****off* 969060 *so 0000 28
#2 - Conflict of Interest Disclosure Statement.. - 0 0 0 0 0 0 0 0 a 9 0 a 0 0 0 0 29
#3 - Antitrust Certification Statements...... ,............... 1 .... 31
#4 - Certification Regarding Department, Suspension,
Ineligibility and Voluntary Exclusion.......... • ............ 32
#5 - Safe and Secure Schools Policy ............................... 33
#6 - Taxpayer Identification Number Request..... ............. 34
# 7 -- Prevailing Wage Rates..................,..................... 35
05.24.10 SWL/B RFP# 10/039MP Page 2 of36
s
1.0 NOTICE OF INTENTION
Choice Facility Partners ("CFP"), a division of Harris County Department of Education
(;'HCDE") is soliciting proposals in response to this Request for Proposals ("RFP") to establish
A contract for use by government agencies and eligible organizations participating in HCDE's
raciiiijes cooperative pure as.ing operation known as Choice Facility Partners. The initial term
of the prospective contract is a period of one calendar year, and HCDE may elect to extend any
contract awarded pursuant to this RFP for additional one-year renewal terms as stated in
SECTION 6.0 SCOPE OF PROPOSAL and in SECTION 5.0 CONTRACT TERMS AND
CONDITIONS. No contract shall be executed until it has been reviewed and approved by the
Harris County Department of Education Board of Trustees in a duly called and posted meeting.
This contract can be accessed on an "as needed" basis from a list of contracts that have been
competitively bid and awarded to highly qualified vendors based on the selection criteria set
forth in SECTION 4.0 EVALUATION AND AWARD. Proposers are requested to submit a
proposal for offering their total line of available products and services that are commonly
purchased by government entities, school districts and other public, not -for -profit agencies and
organizations.
Product(s) and/or services considered for award shall equal or exceed a minimum quality level
of industry standard and shall comply with all applicable federal, state and local technical,
environmental and performance standards and specifications as defined within this RFP and
described in a list or exhibit, if any attached hereto.
The item(s) and/or •service(s) to be purchased under the awarded contract, if any, may be of
indefinite delivery and indefinite quantity (herein after called "IDIQ").
CFP documents are available to anyone who wishes to submit a proposal. It is the responsibility
of the proposer submitting a proposal to make certain that CFP has the appropriate company
name, authorized representatives, and contact information on file for the purpose of receiving
notices, changes, addenda or other critical information.
2.0 INTRODUCTION OF CHOICE FACILITY PARTNERS
CFP is a purchasing cooperative and a division of the Harris County Department of Education,
a county school district established under the laws of the State of Texas. The contract(s)
awarded resultant to this RFP, if any, will be available for use by non-profit entities, public and
private schools, colleges, universities, cities, counties, political subdivisions and other
government agencies throughout the United States that have signed participation agreements
allowing them to utilize contracting vehicles administered by CFP. Said entities can comply
with the legally required competitive procurement processes for goods and services by using
CFP contracts. HCDE's headquarters is located at 6300 Irvington Boulevard, Houston, Texas
77022-5018.
05.24.10 S WUB RFP# 10/039MP Page 3 of 36
3.0 INSTRUCTIONS TO PROPOSERS
PROPOSAL RESPONSE FORMAT
Proposers shall submit proposals in a three-ring binder using standard letter size paper (8-
1/2 x I i inches), clearly marked as indicated on the first page of this RFP and on the outside
front cover and spine (where possible) in addition to marking the sealed envelope or other
container. Seven (7) tabs should be used to separate the proposal into sections, as identified
below. Responses should be direct, concise, complete, and unambiguous. Proposers failing
to organize proposals in the manner requested may be considered non -responsive and may
not be evaluated.
2. Binder Tabs
I. RFP document — Pro osers must include all a es of the published vrovosli.
document. Failure to do so ma result in non-c nsideration.
2. Ability to Provide and Perform the Required Product(s) and/or Service(s)
3. Value -Added Product(s) and/or Service(s) Description,
4. Product(s) and/or Service(s) Description
5. Marketing Plan
6. Price Delivery Information: Paper and Electronic Price Lists
7. References
3. Proposal Response Location
Proposals shall be received no later than the submittal day and time deadline at the
Receiving Front Desk at HCDE. Proposals submitted by U.S. mail or other public or private
carrier must arrive by the submittal day and time deadline. Proposals will be time -stamped
on the outside cover of the.envelope or container and said time -stamp shall be dispositive of
compliance .to the deadline for the receipt of proposals. No provisions or exceptions are
made for late delivery due to actions or consequences of third -party carriers. Any
proposal received after the submittal deadline date and time, whether delivered in
person or by carrier, will be disqualified and returned unopened. .
4. Submission of Proposals
HCDE will only accept sealed bids and proposals. Faxed or electronically transmitted
proposals will not be accepted. Sealed proposals may be submitted on any, some, or all
items, unless stated otherwise. Proposals shall be submitted as stated in SECTION 3.0
INSTRUCTIONS TO PROPOSERS. Deviations from any Terms, Conditions and/or
Specifications shall be conspicuously noted in writing by the proposer and shall be included
with the proposal. Withdrawal of proposals will not be allowed for a period of 180 days
following the opening. Withdrawal of proposals prior to the opening date will be permitted.
Addenda or other changes to the RFP, if required, will be issued in writing by HCDE/CFP.
The proposer shall acknowledge on the Signature Form the number of addenda received.
Required: Five (5) bound original and signed copies of the proposals along with one. (1)
electronic copy on compact disc (CD) or USB flash drive shall be provided. The proposer's
submission also shall include:
05,24.10 S WL/B RFP# 10/039MP Page 4 of 36
a) Five (5) electronic copies of price list;
b) Five (5) hard copies of price list; and
c) One (1) hard copy of any catalog or specification, if requested . in the proposal
Copyrighted proposals are unacceptable and shall be disqualified as non -responsive.
Shipping Box (Required)
The container must be clearly identified as listed below with the RFP number and name. All
boxes must be sealed and delivered by the submittal deadline date and time to:
HARRIS COUNTY DEPARTMENT OF EDUCATION
6300 IRVINGTON
HOUSTON, TEXAS 77022
The address label shall also show the: (1) RFP Number, (2) RFP Title, (3) Submittal
Deadline Date, (4) Submittal Deadline Time, (5) Proposer's Name, (6) Proposer's Address,
and (7) City, State, &Zip.
Proposals will be opened in public in the offices of the HCDE Purchasing Department, 6300
Irvington, Houston; Texas 77022 immediately following the deadline. Proposals will be
read aloud, listing only the responding proposers. There will be no other information read
aloud. All responding proposals will be tabulated and evaluated. After the final qualifying
determination is made, all eligible proposers will be notified.
5. HCDE/CFP Reservations
HCDE/CFP reserve the right to:
(a) accept, reject, or negotiate modifications in any terms of the proposer's proposal or
. any parts thereof;
(b) reject any or all proposals received;
(c) award one or several proposers whose proposal(s) are deemed the best value to
HCDE/CFP and to CFP members for the particular items(s) or services(s) awarded;
(d) negotiate separately in any manner necessary to serve the best interest of HCDE and/or
CFP members;
(e) make all decisions regarding this RFP, including without limitation, the right to
decide whether a proposal does or does not substantially comply with the
requirements of this RFP; and
(0 withdraw the RFP at HCDE's sole discretion
05.24.10 SWL/B RFP#-10/039MP Page 5 of 36
4*0 EVALUATION AND AWARD OF PROPOSALS
In accordance with applicable laws, rules, and regulations for public procurement, award(s)
will be made to the responsible proposer(s) whose- proposal(s) is/are determined after
evaluation by HCDE/CFP to be the best value to HCDE/CFP and to CFP members. To
qualify for evaluation, a proposal must have been submitted on time and materially satisfy
all mandatory requirements identified in this document.
I . Market Basket Su ryev
CFP reserves the right to use a "Market Basket Survey" method, based on randomly
selected criteria to determine the most advantageous proposal(s).
2. Competitive Ranee
It may be necessary for HCDE/CFP to establish a competitive range of acceptable
proposals as part of the evaluation process. Proposals not in the competitive range are
unacceptable and will not receive further award consideration.
3.
Deviations or exceptions stipulated - in a proposer's response may result in
disqualification. Any language to the effect that the proposer does not consider this RFP
to be part of a contractual obligation may result in the proposer's proposal being
disqualified.
4. Clarification and/or Disgus inncc
Clarification may be requested of proposer(s) for the purpose of eliminating minor
errors, clerical errors, and/or non -substantive irregularities. Clarification does not give a
proposer the opportunity to revise, change or modify their proposal in any way except to
the extent of correction of the error. Discussion can also take place after the initial
receipt of proposals. HCDE/CFP reserve the right to conduct discussions with all, some
or none of the proposers submitting proposals. HCDE/CFP will not .assist the proposer
in the revision or modification of their proposal, nor will HCDE assist the proposer in
bringing their proposal to the same level of other proposals received by CFP.
uestions related to the RFP can be submitted electronicallv to the email address
provided, or to the h sical HCDE Purchasin Division address provided no later than
five 5 business da s rior to the submittal deadline date. All submitted uestions and
answers will be listed on the CFP website. uestions will not be answered verball or
by,12hone.
5. Estimated Quantities
CFP estimates usage of this contract may be between $10,000 and $2,500,000. HCDE
makes no guarantee or commitment of any kind concerning quantities that will actually
be purchased. HCDE makes no guarantee or commitment of any kind regarding usage
of any contracts resulting from this RFP.
6. tnsne tiQn & Acceptance
The awarded contract proposer(s) (hereinafter "Vendor") shall deliver the materials or
services procured on this contract to the CFP member issuing a purchase order. The
conforming product(s) shall be shipped within 7 calendar days of receipt of the purchase
order. If delivery is not or cannot be made within this time period the Vendor must
05.24.10 SWL/B RFP# 10/039MP Page 6 of 36
receive authorization from the CFP member for the delayed delivery. If defective or
incorrect material is delivered, the CFP member may make the determination to return
the material to the Vendor at no cost to the CFP member. The Vendor agrees to pay all
shipping costs for the return shipment. The Vendor also shall be responsible for
arranging the return of the defective or incorrect material.
7. Evaluation of Proposals
An HCDE/CFP committee will review and
evaluation factors which will be the basis
contract to the HCDE Board of Trustees.
evaluate all proposals on the following
for a recommendation for an award of
a. Complies with MWBE / HUB/ SBE requirements
b. Long-term costs to CFP members
c. Meets required needs
d. Purchase Price
e. Quality of proposer's goods and/or services
f. Reputation of proposer and its goods and/or services
g. Value Added benefits
h. Proposer's past relationship with HCDE/CFP and CFP members
i. Proposer's commitment and ability to market the contract
j. Proposer's financial standing
S. Minority and Women's _Business. Enterprise (MWBE), Historically Underutilized
Business HUB) and Small Business. Enter rise (SBE) Partic nation
HCDE/CFP encourage the use of HUB, MWBE, and SBE both as prime and
subcontractors. However, these must meet the same minimum standards and
requirements as the prime contractor. It will be the responsibility of the prime
contractor to pre -qualify any subcontractors offered as HUB, MWBE and SBE
participants. Some CFP members have specific goals for subcontracting requirements
and will. require that a plan be attached to meet � their goal. The proposer shall also
indicate on the proposal form whether or not they are an MWBE vendor and who they
are certified with, e.g., State, City, Federal.
9. Formation of Contract
A response to this RFP is an offer to contract with HCDE/CFP based upon the terms,
conditions, scope of work, and specifications contained in this RFP. An RFP does not
become a contract unless and until it is accepted by HCDE/CFP after approval by the
HCDE Board of Trustees. A contract is formed when either HCDE's Superintendent or
its Assistant Superintendent for Business Support Services signs the Signature Form.
The proposer must submit a signed Signature Form, thus eliminating the need for a
formal signing of a separate contract.
10. Multiple Awards
HCDE/CFP reserve the right to award contracts to multiple proposers. The decision to
award multiple contracts, award only one contract, or to make no awards rests solely
with HCDE/CFP. HCDE/CFP may make multiple awards, and this fact should be taken
into consideration by each proposer.
05.24.10 SWL/B RFP# 10/039MP Page 7 of36
1
f
I l . Non-exclusive Contract
Any contract resulting from this UP is non-exclusive and shall be awarded with the
understanding and agreement that it is for the sole convenience of HCDE/CFP and CFP
members. HCDE and CFP members are free to have multiple contracts for the awarded
goods and/or services and may initiate other procurement solicitations or procurement
activiLy wit other suppliers.
12. Pr c; ng
HCDE/CFP require that the pricing submitted in a proposer's proposal be offered as a
quantity one price. CFP members may request the awarded Vendor(s) to provide
discounts or other adjustments to the quantity one price for larger orders -on a per
purchase order basis. If discounts or quantity prices are offered by a Vendor, the
Vendor must also offer the same reductions in pricing to be available for orders of
similar size to HCDE and/or other CFP members
13. Penalties
If an awarded Vendor is unable to provide the awarded items at the quoted prices, after
the proposal has been opened, HCDE may take the following action(s):
(a) Insist that the awarded Vendor(s) honor the quoted price(s) specified in their
respective proposal(s);
(b) Have the awarded Vendor pay the difference between its price and the price of
the next acceptable proposal (as determined by HCDE); and/or
(c) Recommend to HCDE's Board of Trustees that the awarded Vendor no longer
g
be given the opportunity to submit a proposal to HCDE.
14. Performance and Payment Bonds
Performance bonds and payment bonds should be provided and complied with as
required under state law on specified contracts. The CFP member will include the
performance and payment bond requirements on the purchase order.
1 S. Insurance
The Vendor, at its expense, will provide insurance coverage acceptable to HCDE/CFP
for the duration of the Contract and meeting the following requirements: Insurance
limits are included in Attachment 1 and the coverage must be from A -bonded carriers
acceptable to HCDE/CFP. The Vendor(s) awarded a contract must provide to
HCDE/CFP within 14 days of contract award a valid certificate of insurance showing
HCDE as an additional insured.
15. open Records Policy
HCDE is a government body subject to the Texas Public Information Act. Responses
submitted to HCDE/CFP as a result of this RFP may be subject to release as public
information after contracts are executed or the procurement is terminated. If a proposer
believes that its response, or parts of its response, may be exempted from disclosure
under Texas law, the proposer must specify page -by -page and line -by-line the parts of
the response which it believes are exempt. In addition, the proposer must specify which
exception(s) to the Texas Public information Act are applicable and provide detailed
reasons to substantiate the exception(s).
05,24. 10 SWL/B RFP# 10/039MP Page 8 of 36
5.0 CONTRACT TERMS AND CONDITIONS
The terms and conditions set forth below, including provisions of all attachments referenced
herein, the RFP, and the complete submitted proposal constitute the Contract between HCDE
and the awarded Vendor. In the event of a conflict between the provisions set forth below and
those contained in any attachment, the provisions set forth below shall control. Proposers shall
include a separate document as part of their response containing any required exceptions or
deviations from these terms, conditions, and specifications. If accepted by HCDE, in its sole
discretion, the document's contents will be incorporated into the final contract.
CONTRACT
between
Harris County Department of Education
and
Vendor:
for
RFP Title:
This Contract is made and entered into by and between Harris County Department of Education
("HCDE"), a local governmental entity, having its principal place of business at 6300 Irvington
Boulevard, Houston, Texas 77022 and Vendor , having its
principal place of business at ("Vendor").
This Contract consists of the terms and conditions set forth below, including provisions of all
attachments referenced herein, Request for Proposal # CUP"), and Vendor's
complete response to the RFP. Vendor agrees and understands that this Contract may be used
by governmental agencies and eligible organizations participating in HCDE's Choice Facility
Partners ("CFP") cooperative purchasing program (collectively, "CFP members").
TERMS AND CONDITIONS
1. Contract Terms and Conditions
The terms and conditions of this Contract shall govern all procurements conducted
hereunder. No pre -published terms on Vendor's purchase or work order
acknowledgments or invoices shall have any force or effect. Further, no amendment to
the terms of this Contract shall have any force or effect unless and until first approved in
writing by HCDE, and no such amendment shall have any effect unless and until a
written amendment to this Contract is executed by HCDE's Superintendent or his
designee after any necessary approvals have been obtained from the HCDE Board of
Trustees.
05.24.10 SWUB RFP# 10/039MP Page 9 of 36
?. Term of Contract; _Renewal of Contract
This Contract is for an initial term of one (1) year. This Contract includes an option to
renew annually for a maximum of an additional four (4) one-year terms, if agreed to b
HCDE, in its sole discretion, unless otherwise specified in SECTION 6.0 SCOPE OF
PROPOSAL. Vendor shall honor the administrative fee for any sales resulting from this
Contract that occurrea with in 30 days of the expiration o a term of this Contract.
3. Termination of Contract
This Contract shall remain in reffect until (1) the Contract expires by its terms or (2) the
Contract is terminated by mutual agreement of HCDE and Vendor. In the event of a
breach or default of the Contract, HCDE reserves the right to enforce the performance of
the Contract in any manner prescribed by law or deemed to be in the best interest of
HCDE and/or CFP members. HCDE further reserves the right to terminate the Contract
immediately in the event Vendor fails to: (1) meet schedules, deadlines, and/or delivery
dates within the time specified in the RFP, this Contract, and/or a purchase or work
order; (2) make any payments owed; or (3) otherwise perform in accordance with this
Contract. HCDE also reserves the right to terminate the Contract immediately, with
written notice to Vendor, if HCDE believes that it is in the best interest of HCDE or CFP
members to do so. Vendor agrees, in submitting its proposal in response to the RFP, that
HCDE shall not be liable for damages in the event that HCDE declares Vendor to be in
default or breach of this Contract. Vendor further agrees that upon termination of the
Contract for any reason, Vendor sha. g ll, in good faith and with reasonable cooperation, aid
in the transition to any new arrangement and/or vendor.
4. Buy America Act
HCDE and CFP members have a preference for domestic end products for supplies
acquired for use in the United States when spending federal funds. Purchases that are
made with non-federal funds or grants are excluded from the Buy America Act.
-' 5. Prevailing Wage Rates
Vendor and any and all subcontractor(s) shall comply with all laws regarding prevailing
g gp g
wage rates including, but not limited to, Texas Government Code Chapter 2258,
applicable to the construction of a public work, and any related federal requirements,
including the Davis -Bacon Act, applicable to this procurement by HCDE. In the event
Texas Government Code Chapter 2258 applies to a product or service provided by
Vendor to a CFP member, Vendor and any subcontractor(s) shall comply with the
prevailing wage rates set by the CFP member.
6. Freight (if a aalica ble)
All deliveries shall be Freight Prepaid, F.O.B. Destination, Inside Delivery and shall
be included in all pricing offered unless otherwise clearly stated in writing.
7. Shipments (if applicable)
Vendor shall ship ordered products within seven (7) working days for available goods
and within four (4) to six (6) weeks for special -order items after the receipt of the
purchase order unless modified in the Special Terms and Conditions. If a product cannot
be shipped within that timeframe, Vendor shall notify the CFP member of the reasons
why the product has not shipped and shall provide an estimated shipping date, if
05.24.10 S WL/B RFP# 10/039MP Page 10 of 36
applicable. The CFP member may cancel the order if estimated shipping time is not
acceptable to the CFP member, in its sole discretion.
8. Title and Risk of Loss
Whenever HCDE or a CFP member is purchasing (and not leasing) a product under this
' pass upon the later of MCDE or the CFF mem er s
acceptance of the product or payment of the applicable invoice.
9. Warranty Conditions
All supplies, equipment and services shall include manufacturer's minimum- standard
warranty and one (1) year labor warranty unless otherwise agreed to in writing.
10. Criminal History Record In orm tion
Vendor and all subcontractor(s) shall comply with Texas Government Code Chapter 411,
Subchapter F, which requires fingerprints for a criminal history background search when
Vendor's employees or subcontractor(s) are working around minors. This requirement
should be completed prior to starting any work on a CFP member's property.
11. Customer Suuoort
Vendor shall provide timely and accurate technical advice and sales support to
HCDE/CFP staff and CFP members. Vendor shall respond to such requests within one
(1) working day after receipt of the request. Vendor shall provide training to HCDE/CFP
staff regarding products and/or services supplied by Vendor, at no additional charge, if
required by HCDE/CFP.
12. Tax Exempt Status
HCDE and all CFP members that are Texas governmental agencies are exempt from
payment of state sales taxes under Texas Tax Code § 151.310 for the purchase of
tangible personal property. Laws of other states govern the tax status of CFP members in
states other than Texas with regard to these purchases.
13. other State Tax Rea uirements
(a) Payment of taxes by the CFP member - The CFP member will pay only the rate
and/or amount of taxes identified in Vendor's response to the RFP and in 'any
resulting Contract as appropriate to the specific CFP member.
(b) State and Local Transaction Privilege Taxes - The CFP member is subject to all
applicable state and local transaction privilege taxes. Transaction privilege taxes
apply to the sales of products and are the responsibility of Vendor, as the seller,
to remit. Failure to remit taxes from the CFO member, as the buyer, does not
relieve Vendor, as the seller, from its obligation to remit taxes.
(c) Knowing and complying with the tax laws in other states is the responsibility of
Vendor.
14. State of Texas Franchise Tax
By signature hereon, Vendor hereby certifies that it/he/she is not currently delinquent in
payment of any franchise taxes or other taxes owed to the State of Texas.
05.24.10 SWUB RFP# 10/039MP Page 11 of 36
J
15. Tax Resl2onsibilities of Vendor and Indemnification for Taxes
Vendor and all subcontractor(s) shall pay all federal, state, and local taxes applicable to
its operation and any persons employed by Vendor. Vendor shall require all
subcontractor(s) to hold HCDE/CFP and the CFP member harmless from any
responsibility for taxes damages and interest. If applicable, contributions required under
federal, state and/or local laws and regulations and any other costs including, but not
limited to, transaction privilege taxes, unemployment compensation insurance, Social
Security and Worker's Compensation, shall be the sole responsibility of Vendor.
16. IRS W-9
In order to receive payment under any resulting purchase or work order, Vendor shall
have a current I.R.S. W-9 Form on file with the CFP member.
17. No Assignment of Contract
Vendor may not assign this Contract or any of its rights, duties or obligations hereunder
without the prior written approval of HCDE. Any attempted assignment of this Contract
by Vendor shall be null and void. Any purchase or, work order made as a result of this
Contract may not be transferred, assigned, subcontracted, mortgaged, pledged, or
otherwise disposed of or encumbered in any way by Vendor without the prior written
approval of HCDE and, if applicable, the CFP member.
18. Notification of Material Change
Payment may only, be made to the awarded Vendor. Vendor is required to notify
HCDE/CFP when any material change in operations occurs, including but not limited to
changes in distribution rights for awarded products, bankruptcy, material changes in
financial condition, change of ownership, and the like, within three (3) working days of
such change.
19. Performance
Vendor agrees to use its best efforts to provide the product(s) and/or service(s) mutually
agreed upon under this Contract.
20. Subcontractors
in the event Vendor uses a subcontractor, Vendor shall be fully responsible to HCDE
and CFP members for all acts and omissions of such subcontractor just as Vendor is
responsible for Vendor's own acts and omissions. Nothing in this Contract shall create
for the benefit of any such subcontractor any contractual relationship between HCDE
and any such subcontractor, nor shall it create any obligation on the part of HCDE or
CFP members to pay or to see to the payment of any monies due any such subcontractor
except as may otherwise be required by law.
21. Permits, License, and Certificates) of Authority
Vendor shall procure and maintain all necessary certifications, permits, and licenses and
abide by all applicable laws, regulations, and ordinances of all federal, state, and local
governments under which this Contract will be performed.
22. Disclosures and Conflict of Interest
Vendor affirms that it/he/she has not given, offered to give, nor intends to give at any
time hereafter any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor or service to a public servant in connection with this Contract.
05.24.10 SWL/B RFP# 10/039MP Page 12 of 36
Vendor shall attach, in writing, a complete description of any and all relationships that
might be considered a conflict of interest in doing business with HCDE or with CFP
members. Vendor affirms and certifies that its bid or proposal has been arrived at
independently and is submitted without collusion or discussion with anyone to obtain
information, coordinate pricing or product offerings, or gain any favoritism that would in
of this contract. HCDE is required to comply with Texas Local Government Code
Chapter 176, Disclosure of Certain Relationships with Local Government officers. Any
entity that does business with HCDE must complete a Conflict of Interest Questionaire
(C1Q) whether or not a conflict of interest exists. Vendor must comply with the conflict
of interest procedures detailed in Texas Local Government Code Chapter 176. See
Attachment #2 to the RFP.
23. Non-Aparopriation.
This Contract and all purchase or work orders resulting from this Contract, for the
acquisition, including lease, of real or personal property is a commitment of the CFP
member's current revenue only. Renewal of this Contract and any purchase or work
orders resulting from this Contract will be in accordance with Texas Local Government
Code § 271.903 concerning non -appropriation of funds for multi -year contracts. HCDE
Board of Trustees and the CFP member reserve the right to rescind the Contract and/or
any purchase or work orders at the end of each fiscal year if it is determined that there
are insufficient funds to extend the Contract and/or purchase or work order.
24. Ordering Procedures
Purchase orders are issued by CFP members to Vendor according to this Contract and
the contract between HCDE and the CFP member. CFP members must send purchase
orders to CFP, unless otherwise stipulated by HCDE/CFP. CFP will review and forward
purchase orders to Vendor within one (1) business day. HCDE/CFP may request
confirmation of receipt of the purchase order from Vendor. HCDE/CFP also may elect
to require e-commerce functionality, in which purchase orders are sent directly to
Vendor and reported to HCDE/CFP on a specified basis. The e-commerce approach
must be approved by HCDE prior to the start date of this Contract.
25. Invoices
Vendor shall submit invoices, in duplicate, directly to the CFP member. Each invoice
shall include the CFP member's purchase order number and CFP Contract Number. The
shipment tracking number or pertinent information for verification of the CFP member's
receipt shall be made available upon request.
26. Reporting
Vendor shall electronically provide HCDE/CFP with a detailed monthly report showing
the total dollar volume of all sales under this Contract for the previous month, if the
Contract is set up as a reporting contract in the format and with the information specified
by HCDE/CFP. Reports shall be submitted to CFP at 6005 Westview, Houston, Texas
77055, or electronically to joann@choicefacilitypartners.org. Reports are due on the
fifteenth (15) day after the close of the previous month and shall provide information
regarding purchases made during the previous month. It is the responsibility of Vendor
to collect and compile all sales under this Contract from all CFP members and submit
one (1) consolidated monthly report. The monthly report shall include, at a minimum,
05.24.10 S WLB RFP# 10/039MP Page 13 of 36
the date of each purchase, purchase order number, CFP member name, city/town, and
sales total. Reports are to be sent to HCDE/CFP via fax, mail or email.
27. Payments
The CFP member will make payments directly to Vendor. The CFP member placing the
order with Vendor snail alone by liable an or responsible for paymenE for proaucts
and/or services ordered and will be invoiced directly by Vendor. Neither HCDE nor its
other CFP members shall be liable for the indebtedness of any one CFP member. If
Vendor does not specify payment terms, payments should be made within thirty (30)
days after receipt of invoice or delivery of goods, whichever is later.
28. Pricing
All prices shall be firm for the Term of this Contract. Pricing may be negotiated during
the contract renewal period. Vendor agrees to promptly lower the proportionate price of
any product purchased through CFP following a reduction in the price the Vendor is
paying suppliers. All pricing submitted to HCDE/CFP shall include the administrative
fee to be remitted to HCDE/CFP by Vendor. It is Vendor's responsibility to keep all
pricing up-to-date and on file with HCDE/CFP. All price changes shall be presented to
HCDE for acceptance, using the same format as was accepted in Vendor's original
proposal.
29. Administrative Fees
HCDE/CFP will invoice Vendor, on a monthly basis, for an administrative participation
fee as stated in SECTION 6.0 SCOPE OF PROPOSAL. The invoice will be based on _
total sales made through this Contract. Vendor shall remit payment to HCDE/CFP at net
thirty (30) day terms. Failure to pay administrative fees in a timely manner may result in
this Contract being in default and could result in the Contract being suspended or
terminated.
30. Right to Audit
HCDE, upon written notice, shall have the right to audit all documents relating to this
Contract and all purchase or work orders resulting from this Contract. Records subject to
audit shall include, but are not limited to, records which may have a bearing on matters
of interest to HCDE in connection with Vendor's work for HCDE and CFP members and
shall be open to inspection and subject to audit and -or reproduction by HCDE's agents or
authorized representative(s) to the extent necessary to adequately permit evaluation and
verification of:
(a) Vendor's compliance with Contract requirements,
(b) compliance with HCDE procurement policies and procedures,
(c) compliance with provisions for computing billings to HCDE and to CFP
members, and
(d) any other matters related to this Contract.
31. Indemnit,�
Vendor shall protect, indemnify, and hold harmless HCDE and each CFP member with
whom Vendor contracts and HCDE and CFP members' respective Trustees, administrators, -
employees, and agents against all claims, damages, losses and expenses (including
attorneys' fees) arising out of, relating to, resulting from, or caused by the acts or
omissions of Vendor, Vendor's employees, agents, or subcontractors.
05.24. 10 SWL/B RFP# 10/039MP Page 14 of 36
32. Governing Law and Exclusive Venue
The laws of the State of Texas, without regard to its provisions on conflicts of laws,
govern this Contract. Any dispute under this Contract between HCDE and Vendor may
be brought exclusively in the state and federal courts located in Houston, Harris County,
i cmaN, allu Lim Pal LIUb nCi-Cuy SUUMIL w MU CxcIusIVO Priscuution ui saw cuurts. tiny
dispute involving HCDE, its Trustees, administrators, representatives, employees or
agents shall have sole venue in Harris County, Texas. Any dispute not involving HCDE
but involving a CFP member shall be in the city, county, and state of the CFP member.
33. Multiale Contract Awards (if aaalicable); Non,Exclusivity
HCDE/CFP reserves the right to award multiple contracts for each commodity category.
Commodity categories are established at the discretion of HCDE/CFP. Nothing in this
Contract may be construed to imply that Vendor has the exclusive right to provide
products and/or services to HCDE and/or CFP members. During the Term of this
Contract, HCDE/CFP reserves the right to use all available resources to procure other
products and/or services as needed and doing so will not violate any rights of Vendor..
34. New Products
New products that meet the specifications detailed in the RFP may be added to this
Contract, if agreed to by HCDE/CFP in writing. Pricing of any new products shall be
equivalent to the percentage discount of other products. Vendor may replace or add
products to the contract if: the replacing products are equal to or superior to the original
products offered; are discounted in a similar degree or to a greater degree; and the
products meet the requirements of the RFP. No products may be .added to avoid
competitive procurement procedures. HCDE/CFP may reject any proposed additions in
its sole discretion.
35. No Substitution
Any purchase order issued as a result of this Contract will conform to the specifications
and descriptions identified in this Contract and the RFP. Unless otherwise specified,
Vendor shall not deliver substitutes without prior written authorization from HCDE/CFP.
36. Promotion of Contract (Marketing Plan)
Vendor shall provide to CFP a marketing plan for promoting this Contract. The
marketing plan shall cover all applicable areas and states. Vendor shall demonstrate how
this Contract will be used as a primary contract offering to CFP members. Encouraging
CFP members to circumvent this Contract by purchasing directly from Vendor may
result in suspension or termination of this Contract. For so long as this Contract is valid
and enforceable between the parties, Vendor agrees to display the CFP seal in its
marketing collateral materials, such as Vendor's website and related marketing materials.
Vendor shall submit all promotional materials to HCDE/CFP and obtain written approval
before Vendor finalizes promotional material bearing the CFP name or seal. Vendor
may -not release any press release or other publication regarding this Contract unless and
until HCDE/CFP first approves the press release or publication in writing.
37. Website Support
Vendor agrees to cooperate with HCDE/CFP in publicizing Contract particulars on the
CFP website. Vendor also agrees to work with HCDE/CFP in updating and maintaining
current information on Vendor activities related to the Contract on the site. Vendor will
05.24.10 SWL/B RFP# 10/039MP Page 15 of 36
provide an electronic version of its logo for use on the website upon request and provide
other information as reasonably requested by HCDE/CFP to help ensure that the CFP
website is current and consistently updated.
38. Environmental Initiatives
HCDE/CFP is committed to reducing waste and promoting energy conservation.
Toward that end, Vendor is encouraged to provide its company's environmental policy
and green initiative.
39. Safe
Vendor and its subcontractor(s) and their respective employees shall comply fully with
all applicable federal, state, and local safety and health laws, ordinances, rules and
regulations in the performance of services, including but not limited to those
promulgated by HCDE, CFP members, and by the Occupational Safety and Health
Administration ("OSHA"). In case of conflict, the most stringent safety requirements
shall govern.
40. Supplemental Aereements
A CFP member and Vendor may enter into a separate, supplemental agreement to further
define the level of service requirements over and above the minimum defined in this
Contract and the RFP, such as invoice requirements, ordering requirements, on -campus
service, specialized delivery, etc. Any supplemental agreement developed as a result of
this RFP is exclusively between the CFP member and Vendor and shall have no effect or
impact to any other CFP member or this Contract. Any supplemental agreements of these
types shall not have any impact or effect on the pricing or any other term of this.
Contract. Any supplemental agreement between Vendor and an individual CFP member
is exclusively between that specific CFP member and Vendor and will be subject to
immediate cancellation by the CFP member (without penalty to the CFP member) if, in
the opinion of the CFP member, the quality, service, and specification requirements,
and/or the terms and conditions are not maintained as stated in the supplemental
agreement.
41. Certificates of Insurance
Certificates of Insurance, name and address of Vendor, the limits of liability, the
effective dates of each policy and policy number shall_ be delivered to the CFP member
prior to commencement of work. The insurance company shall be licensed in the State
of Texas and shall be acceptable to the CFP member. Vendor shall give the CFP
member a minimum of ten (10) days notice prior to any modifications or cancellation of
policies of insurance. Vendor shall require any subcontractor(s) performing any work to
maintain coverage as specified.
42. Miscellaneous
Vendor acknowledges and agrees that continued participation in the CFP cooperative
purchasing program is subject to HCDE's sole discretion and that Vendor may be
removed from the participation in the CFP program at any time with or without cause.
All work resulting from this Contract must cease after completion of the final accepted
purchase order. Nothing in this Contract or in any other communication between HCDE
and Vendor may be construed as a guarantee that CFP members will submit any
purchase orders at any time. HCDE reserves the right to request additional proposals for
items already on contract at any time.
05.24.10 SWL/B RFP# 10/039MP Page 16 of 36
43. No Aeency or Endorsements
It is the intention of the parties to this Contract that Vendor be an independent contractor
and not an employee, agent, joint venture, or partner of HCDE. Nothing in this Contract
shall be interpreted or construed as creating or establishing the relationship of employer
r r i^n try r - - , _*AA- _ 1 1 _ _ J _ --
subcontractor of Vendor. Vendor has no power or authority to assume or create, any
obligation or responsibility on behalf of HCDE, and HCDE has no power or authority to
P Y
assume or create any obligation or responsibility on behalf of Vendor. This Contract
shall not be construed to create or imply any partnership, agency, or joint venture, nor
shall it be construed or deemed an endorsement of a specific company or product.
44. Egual opportunity
It is the policy of HCDE not to discriminate .on the basis of race, color, national origin,
gender, limited English proficiency or handicapping conditions in its programs. Vendor
agrees not to discriminate against any employee or applicant for employment to be
employed in the performance of this Contract, with respect to hire, tenure, terms,
conditions and privileges of employment, or a matter directly or indirectly related to
employment, because of age (except where based on a bona fide occupational
qualification), sex (except where based on a bona fide occupational qualification) or
race, color, religion, national origin, or ancestry. Vendor further agrees that every
subcontract entered into for the performance of this Contract will contain a provision
requiring non-discrimination in employment herein specified, building upon each
subcontractor. Breach of this covenant may be regarded as a material breach of the
Contract.
45. Force Maieure
Neither HCDE, any CFP member, or Vendor shall be deemed to have breached any
provision of this Contract as a result of any delay, failure in performance, or interruption
of service resulting directly or indirectly from acts of God, network failures, acts of civil
or military authorities, civil disturbances, wars, energy crises, fires, transportation
contingencies, interruptions in third -party telecommunications or Internet equipment or
service, other catastrophes, or any other occurrences which are reasonably beyond
HCDE, any CFP member, or Vendor's control.
46. Severability
In the event that any one or more of the provisions contained in this Contract shall for
any reason be held to the invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provisions, and the Contract shall
be construed as if such invalid, illegal, or unenforceable provision had never been
contained in it.
47. 'Waiver
No failure on the part of either party at any time to require the performance by the other
party of any term hereof shall be taken or held to be a waiver of such term or in any way
affect such party's right to enforce such term, and no waiver on the part of either party of
any term hereof shall be taken or held to be a waiver of any other term hereof or the
breach thereof.
05.24.10 S WL/B RFP# 10/039MP Page 17 of 36
48. Entire A reement
The Contract, including any and all exhibits attached hereto, the RFP, and Vendor's
submitted response to the RFP is the entire agreement of the parties and supersedes any
prior or contemporaneous representations, agreements, negotiations, or understandings
between them, whether written or oral, with respect to the subject matter hereof. No
- --- -- - - - - - - - - - .0 - . .. .
waiver, alteration, or moairicanon or any or the provisions or finis tontracz snail ve
binding unless in writing and signed by duly authorized representatives of the parties
hereto. This Contract supersedes any conflicting terms and conditions on any purchase or
work orders, invoices, checks, order acknowledgements, forms, purchase orders, or
similar commercial documents relating hereto and which may be issued by Vendor after
the Effective Date of this Contract.
49. Notices
Any notice provided under the terms of this Contract by either party to the other shall be
in writing and may be affected by certified mail, return receipt requested. Notice shall
be sufficient if made or addressed to the party at the address Iisted in the signature line of
this contract. Each party may change the address at which notice may be sent to that
party by giving notice of such change to the other party by certified mail, return receipt
requested.
50. Caations
The captions herein are for convenience and identification purposes only, are not an
integral part hereof, and are not to be considered in the interpretation of any part hereof.
51. Conflicts; Compliance
The terms and conditions of the RFP and Vendor's written submission in response to the
RFP are hereby incorporated by reference into this Contract. To the extent that any
provision of this Contract are in conflict with the terms and conditions of the RFP or
Vendor's submission, the terms and conditions of this Contract shall control over any
conflicting term in the RFP or Vendor's submission. To the extent that the terms and
conditions of the RFP conflict with any portion of Vendor's submission, the terms and
conditions of the RFP shall control over any conflicting term in Vendor's submission.
The undersigned proposer hereby proposes and agrees to furnish goods and/or services in strict
compliance with the terms, specifications and conditions at the prices quoted. The undersigned
further certifies that he or she is an officer of the company and has authority to negotiate and
contract for the company named below and meets/agrees with all of the above terms and
conditions specified in this request.
Company name
Address
City/State/Zip
Telephone No.
Fax No.
E-mail address
05.24.10 SWLB RFP# 10/039MP Page 18 of 36
Authorized signature
Printed name
Position with company
a es epresen a ive
Email Address
Web site URL
Accepted by HCDE
Term of Contract to
Unless otherwise stated, this Contract is for a period of one (1) year with an option to
renew annually for an additional four (4) years if agreed to by HCDE/CFP and the
awarded Vendor. Vendor shall honor all participation fees for any sales resulting from
this Contract whether Vendor is awarded a renewal or not.
HCDE Authorized Signature Date
Print Name
Approved by Harris County Department of Education
Job Contract No.
05.24.10 SWL/B RFP# 10/039MP Page 19 of 36
r
6.0 SCOPE OF PROPOSAL
It is the intention of CFP to establish an annual contract with high performance vendor(s) for
Trenchless Technology Rehabilitation and Related Items and Services. Vendor(s) shall, at
the rpmipet of nnv mpmhrar nrrvaAAAM' +11 Amet Ch ns6m♦.^AA Aa"A1A.A 4%A4IAYA-1 —__J.. J_._ -
terms of this agreement. The supplier shall assist the end user with making a determination of
their individual needs.
HCDE/CFP will invoice Vendor, on a monthly basis, for an administrative participation fee.
The invoice will be based on total saies made through this Contract. Vendor shall remit
payment to HCDE/CFP at net thirty (30) day terms. Failure to pay administrative fees in a
timely manner may result in this Contract being in default and could result in the Contract
being suspended or terminated.
CFP is utilizing the Request for Proposal (RFP) method for the procurement of this service in
accordance with Texas Governmental Code Section 44.031 Purchasing of Contracts, Item (3) a
Re nest for Pro osal for services other than construction services..
7eO SPECIFICATIONS
It is the intention of HCDE/CFP to establish an annual contract with highly qualified vendor(s)
for Trenchless Technology Rehabilitation and Related Items and Services and Related
Items and Services. Vendor(s) shall, at the request of any member institution, provide these
products and/or covered services under the terms of this RFP and the Contract set forth in 5.0
Contract Terms and Conditions. The awarded Vendor shall assist the end user CFP member
with making a determination of its individual needs, as stated below.
Provide Trenchless Technology Rehabilitation and Related Items and Services to
educational institutions and other government agencies, including, but not limited to:
1. Items and Services
a, Cured -In -Place Reconstruction of Sewers,
b. Pipe bursting with HDPE for Sewer Lines,
c. Pipe -bursting with Pre -chlorination for Water Main Replacement Procedure,
d. Polyethylene (PE) Sewer Pipe Sliplining,
e. Pre -Chlorination Procedure for Rehabilitation of Existing Water Lines,
f. Trenchless Rehabilitation / Reconstruction of Pipelines and Conduits,
g. Pig Cleaning
2. Value Add - CFP is soliciting value added items related to Trenchless Technology
Rehabilitation and Related Items. Client members will determine their own
specifications prior to issuing a purchase order for a specific service or product.
05.24.10 SWL/B RFP# 10/039MP Page 20 of 36
Janua
SAK
CONSTRUCTION LLC
PIPE REHABILITATION AND
TUNNEL CONTRACTOR
12, 2013
Mr. Scott London
Operations Manager
City of Tamarac
10101 State Street
Tamarac, FL 33321-6428
Local office National Headquarters
3522 US 41 North 864 Hoff Rd.
Palmetto, FL 34221 Ofallon, MO 63366
941.723.2080 telephone 636.379.2350 telephone
941.723.2701 fax 636,379.2461 fax
www.sak-construction.com
Jerry Shaw
President
Robert Affholder
Vice Clwinnon
Torn Kalishman
Choirmon
TR #12308
RE: SAK CIPP Prices using the Choice Facility Partners Contract # 10/039MP-01
Dear Scott;
SAK Construction, LLC is please to offer the City of Tamarac these prices for
Cured -In -Place lining for mainline and services laterals, prices are from our Choice
Facility Partners Contract # 10/039MP-01. As stated in the contract, (page 8 #12) we
are offering discounts from the prices set forth in the contract.
ITEM
A) 2. & 16 CIPP - 8" x 6mm
31. Light Clean/CCTV
30A. Reconnect Lateral
44. By -Pass (if necessary)
Total per linear foot
ITEM
B) 3. CIPP --1Off x 6mm
31. Light Clean/CCTV
30A. Reconnect Lateral
44. By -Pass (if necessary)
CFP Price
$ 32.00 LF
$ 5.50 LF
$ 400.00 EA
$ 450.00 EA
Discount
Price
$
25.00
LF
$
1.00
LF
$
50.00
EA
$
.00
LF
$ 26.00 LF plus $60.00 each Lateral Reconnect
CFP Price
$ 41.50 LF
$ 5.50 LF
$ 400.00 EA
$ 450.00 EA
Discount
Price
$
27.00
LF
$
1.00
LF
$
50.00
EA
$
.00
LF
Total per linear foot $ 28.00 LF plus $60.00 each Lateral Reconnect
K) 286 4"- 6" Internal installation and cure of top hat up to 5' from main
CFP Price Discount Price
$1,925.00 $1,795.00
287 4"- 6" Internal installation and cure of top hat up to 20' from main
CFP Price Discount Price
$31200.00 $21795.00
SAK
CONSTRUCTION L.LC
PIPE REHABILITATION AND
TUNNEL CONTRACTOR
Local Office
3522 US 41 North
Palmetto, FL 34221
941.723.2-080 telephone
941.723.2701 fox
National Headquarters
864 Hoff Rd.
Mallon, MCA 63366
636.379.2350 telephone
636.379.2461 fox
wwwsak construction.com
INCLUSIONS
• Pipeline cleaning, televising and service connection identification
• CIPP Installation.
• CCTV Acceptance Inspection DVD
• Traffic Control (Cones Only)
• Price includes one mobilization
EXCLUSIONS:
• Any special insurance required, i.e., railroad protective insurance
• Point repairs
o Access to hydrants for water within 500 ft of the installation point
• Permits
• Performance and Payment Bonds
• Bypass Pumping above and beyond the use of a 4" pump
Payment Terms:
e Net 30 days after receipt of an invoice
• Partial monthly payments will be requested
• Final Payment in full within 30 days of completion of SAK work
Jerry Shaw
President
Robert Affholder
Vice Chairman
Tom Kalishman
We appreciate the opportunity to work with the City of Tamarac. Please call if you have
any questions.
Respectfully;
Gordon Marshall
Southeast Business Development Manager
CC: Clayton Washburn
Jeff Oberhofer
s
a ;
City of Tamarac Purchasing Division
AGREEMENT AMENDMENT #1
BETWEEN THE CITY OF TAMARAC
UAILENN
SAK CONSTRUCTION, LLC
THIS AGREEMENT AMENDMENT #1 is entered into on o c*�%, r.)Q/,3
between The City of Tamarac, a municipal corporation, with principal offices located at
7525 NW 88th Avenue, Tamarac FL 33321 (CITY), and SAK Construction, LLC, a
Missouri Limited Liability Company registered as a Florida Foreign Company, with
principal offices located at 864 Hoff Road, O' Fallon, Missouri 63366 (the
"CONTRACTOR") agree to amend the original Agreement dated June 27, 2012 to
provide for Cured -in -Place Pipe Lining Repairs to the City of Tamarac Wastewater
Collection System Infiltration & Inflow infrastructure project as follows:
1. Amend Section 1 to read as follows:
1. In return for valuable consideration in an amount not to exceed
,One Million Six Hundred
Thousand Dollars and no cents (1,600,000.00). Contractor shall comply with
the terms and conditions within the Choice Facility Partners (CFP) a division of
the Harris County (Texas) Department of Education (HCDE), Contract #
10/039MP-01 attached hereto as Exhibit A. All terms and conditions of the
contract documents set forth in Exhibit A are incorporated herein as if set forth
in full, except as modified by the proposal specific to the City of Tamarac as
set forth in Exhibit A dated January 13, 2013, attached hereto and
incorporated herein as if set forth in full."
2. Pursuant to the terms of Section 3, Term, of the original Agreement dated June
271 2012 the CITY hereby exercises to its right to renew the Agreement for an
additional term, effective upon approval of this Agreement Amendment through
October 19, 2013 in recognition of satisfactory performance, and in accordance
with the renewal option provided under the original Agreement dated June 27,
2012. . Such is approval is in accordance with the renewal schedule of Agreement
#10/039MP-01 approved by Choice Facility Partners (CFP) a division of Harris
County (Texas) Department of Education (HCDE). Contractor agrees to such
renewal.
wi
City of Tamarac ''T'� � ' �` Purchasing Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, AND SAK CONSTRUCTION, LLC, signing by and
through its Vice President, duly authorized to execute same.
J
ATTEST:
ParTeufel, AMC
Interim City Clerk 71\\�`% 1 i i 1 1//1�
.� 1PM A Rq G''�,�.
• �� : t�
W
sop,� ,\q .
// •'
,Ilk
COS \
ATTEST:
(Corporate Secretary)
Steve Stulce
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
CITY OFAA C
Beth Talabisco, Mayor
J-0/3
V.
ichael C. Cernech, City Manager
z.-O�6-3
Date
Approvgd as to form and legal sufficiency:
t
udl S. Goren, City Attorney
SAK CONSTRUCT
Cojnma--nv ame
Signature off�esi
N. LLC.
V t cc P,res r d e n-t-
Boyd H i rtz
Type/Print Name of Vice President
a ig
Date
City of Tamarac
Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF MISSOL)rl
:SS
COUNTY OF Uia r I es
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Boyd Hirtz, Vice President of SAK Construction, a Missouri Limited Liability Company, duly
registered as a Florida Foreign Corporation, to me known to be the person(s) described in
and who executed the foregoing instrument and acknowledged before me that he/she
executed the same.
1q+1'
WITNESS my hand and official seal this of Febr��ry , 20 i3.
Barbara Trende
Notary Public Notary Seal
t, Of 11/lissouri County of St Charles
oo� ✓ C; remission Expires 12/19/2014
Commission # 10126252
71.40
Signature of Notary Public
State of at Large
rSSour 1
3 �. ✓ � ri, ram. �`l��� e-
Print, Type or Stamp
Name of Notary Public
R Personally known to me or
F-1 Produced Identification
Type of I.D. Produced
F-1 DID take an oath, or
E91 DID NOT take an oath.
Local Office National Headquarters ,ferry Shaw
SA.
K3522 US I I North 86-4 H'Df( fed: Pfesickni
Pal o, FL 34221 C rfaikdn,110 6336E itabarcAffhotder'`
94 r/23.2080 tetepivne 6,36.379.2350 telephone
CONSTRUCTION LLC Vice Chairman
94 t .723;2?t? I fax 63f�.379.2�€6 I fear
NIA FtEh#Adit.l lAt IUIV AND revvw sak-construction.corn Torn Kattshman
TUNNEL CONTRACIIOR irmt �t
INCLUSIONS
+� Pipeline cleaning, televising and service connection identification
CIPP Installation.
CCTV Acceptance Inspection DVD
• Traffic Control (cones Only)
• Price includes one mobilization
EX COY oNS
Any special insurance required, i.e., railroad protective insurance
• Point repairs
• Access to hydrants for grater within 500 fit of the installation point
• Permits
• Performance and Payment Bonds
Bypass Pumping above and beyond the use of a 4)' PUMP
.yment Terms.
Pa
� s�
Net 30 days after receipt of an invoice
• Partial monthly payments will be requested
• Final Payment in full within 30 days of completion of SAK work
We appreciate the opportunity to work with the City of Tamarac. Tease cell if you have
any questions.
Gordan Marshall
Southeast Business Development M, aneger
CC: Clayton Washburn
Jeff Oberhofer