HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-111Temp. Reso. #12719
October 15, 2015
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2015-�I /
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO ACCEPT
AND EXECUTE AN AGREEMENT BETWEEN THE
CITY OF TAMARAC AND SAK CONSTRUCTION,
LLC., UTILIZING CHOICE FACILITY PARTNERS
(CFP) CONTRACT #15/049JN-02 FOR AN AMOUNT
NOT TO EXCEED $3,000,000 FOR THE FY16
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, The City of Tamarac conducted a Wastewater Master Plan Study in
2012, excessive Inflow & Infiltration (I & 1) was identified by wastewater pump station
basins; 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 (d), which states that
the purchasing officer may utilize contracts with other governmental agencies; and
WHEREAS, the Public Services Department Utilities Division's FY16 locations for
sewer main lining (19,000 LF) will be completed in Mainlands Section 9, Courtyards of
Broward, Bermuda Club, Banyan Lakes, Sabal Palm Village, Lakes of Carriage Hills, Golf
Villas at Sabal Palm, Timber Point, Villas at Woodmont, La Reserve, La Foret,
Buttonwood, Bonaire, Les Chateaux, Pines at Woodmont, and Cypress Club at
Temp. Reso. #12719
October 15, 2015
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Woodmont; and
WHEREAS, the Public Services Department Utilities Division's FY16 locations for
service lateral lining (714 — 20 ft. sections) will be completed in Mainlands Section 8,
Sunflower, Archstone, Spring Lake and Northwood; and
WHEREAS, the Public Services Department Utilities Division's FY16 location for
manhole rehabilitation (396) will be completed in the Greens of Tamarac, Cypress Walk,
Concord Village, Woodland Villas, Cannongate, Sand Pebbles, Coral Palm Villas,
Versailles Garden, Sands Point, Rokest, Wedges, Westchester, Boardwalk Apartments,
Fairways, Landings on Cypress Greens, Paradise Estates, Jasmine Condos, Tamarac
Gardens East, Lime Bay Sections 1 & 2, Archstone, Springlake and Northwood; and
WHEREAS, the Choice Facility Partners (CFP) national consortium, a division of
Harris County (Texas) Department of Education issued Contract #15/049JN-02 with SAK
Construction, LLC., for Trenchless Technology Rehabilitation with a contract term for this
year through September 14, 2016 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-
2014-122 at its November 12, 2014 meeting authorizing the appropriate City officials to
Temp. Reso. #12719
October 15, 2015
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enter into an extension of a previous agreement with SAK Construction, LLC, to provide for
Trenchless Technology Rehabilitation, a copy of which is on file with the City Clerk; and
WHEREAS, both Choice Facility Partners (CFP) and SAK Construction, LLC., have
agreed to utilize Choice Facility Partners Contract #15/049JN-02 to the City of Tamarac for
the purpose of completing the FY16 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 FY16 Wastewater Main Rehabilitation Inflow and Infiltration Project
(UT16D) 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 #15/049JN-02 in an amount not to exceed $3,000,000; and
WHEREAS, the Director of Public Services and the Purchasing and Contracts
Manager recommend the award of an 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 award and execute
an agreement with SAK Construction, LLC, utilizing Choice Facility Partners (CFP)
Trenchless Technology Rehabilitation contract in an amount not to exceed $3,000,000.
Temp. Reso. #12719
October 15, 2015
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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 award
and execute an agreement for the FY16 Wastewater Main Rehabilitation Inflow and
Infiltration Project with SAK Construction, LLC, utilizing Choice Facility Partners (CFP)
issued Contract #15/049JN-02, valid through September 14, 2016 for an amount not to
exceed $3,000,000 (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
exceed $3,000,000.
SECTION 4: The City Manager or his designee is hereby authorized to
approve and initiate Change Orders in amounts not to exceed $65,000 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.
Temp. Reso. #12719
October 15, 2015
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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: This Resolution shall become effective immediately upon its
passage and adoption.
4�
PASSED, ADOPTED AND APPROVED this J day of W-4f)b4l 2015.
ATTEST:
PATRICIA TEUFEL, Mic
CITY 1N CLE\
�s Mp,RAC i
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
e � = DIST 1
c� S�P�'`�'� DIST 2
DIST 3
�' . •� DIST 4
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
;i � h'9ty' r_
SAM L S. GORE14
CITY ATTORNEY
C
VICE MAYOR BUSHNELL
COMM. GOMEZ
COMM. GLASSER
COMM. PLACKO
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
SAK CONSTRUCTION, LLC.
THIS AGREEMENT is entered into on "\ 20 between the
City of Tamarac, a municipal corporation with p incipal offices located at 7525 NW 881h Avenue,
Tamarac, Florida 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") to provide for Cured -in -Place
Pipe Lining Repairs to the City of Tamarac Wastewater Collection System Infiltration & Inflow
infrastructure project. The parties hereby agree to the following terms and conditions.
In return for valuable consideration in an amount not to exceed Three Million Dollars
and no cents ($3,000,000.00), Contractor shall comply with the terms and conditions
within the Choice Facility Partners (CFP) a division of Harris County (Texas) Department
of Education (HCDE), Contract # 15/049JN-02 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 B dated October 19, 2015, attached hereto and incorporated
herein as if set forth in full.
2. Upon execution of this Agreement, all references made to the Choice Facility Partners
Contract # 15/049JN-02 in Exhibit A and Exhibit B shall be interpreted as pertaining to
the City of Tamarac, and all terms and conditions of Exhibit A and Exhibit B shall be
deemed as having been implemented for use within the City of Tamarac. It is
understood that wherever the words "agency name" or "agency board name" appear,
they shall be read as "City of Tamarac" and "City of Tamarac Commissioners".
3. Term:
The term of this Agreement shall be for a one (1) year period effective on the date of
approval of this Agreement. The City reserves the right to renew this Agreement in one
(1) year increments, in the event that the Agreement is renewed by the Choice Facility
Partners (CFP) a division of Harris County (Texas) Department of Education (HCDE).
4. This agreement, Exhibit A and Exhibit B constitute the entire agreement between the
City and the Contractor. In the event of a conflict between these documents, this
Agreement shall prevail, followed in precedence by Exhibit B and Exhibit A in that order.
5. Insurance: In addition to the insurance requirements stated in the Choice Facility
Partners (CFP) Agreement, Contractor shall obtain at Contractor's expense all
necessary insurance in such form and amount as specified in the original bid document
or as required by the City's Risk and Safety Manager before beginning work under this
Agreement including, but not limited to, Workers' Compensation, Commercial General
Liability, and all other insurance as required by the City. Contractor shall maintain such
insurance in full force and effect during the life of this Agreement. Contractor shall
provide to the City's Risk and Safety Manager Certificates of all insurances required
under this section prior to beginning any work under this Agreement. The Contractor will
ensure that all subcontractors comply with the above guidelines and will retain all
necessary insurance in force throughout the term of this agreement. The following
minimal insurance coverage shall be provided:
a. Worker's Compensation Insurance: The Contractor shall procure and maintain
for the life of this Agreement, Workers' Compensation. Insurance covering all
employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer's Liability with limits meeting all applicable
state and federal laws. This coverage must extend to any sub -consultant that
does not have their own Workers' Compensation and Employer's Liability
Insurance. The policy must contain a waiver of subrogation in favor of the City
of Tamarac, executed by the insurance company. Sixty-(60) day notice of
cancellation is required and must be provided to the City of Tamarac via
Certified Mail.
b. Comprehensive General Liability: The Contractor shall procure and maintain,
for the life of this Agreement, Comprehensive General Liability Insurance. This
coverage shall be on an "Occurrence" basis. Coverage shall include Premises
and Operations; Independent Contractors' Products and Completed
Operations and Contractual Liability. This policy shall provide coverage for
death, personal injury or property damage that could arise directly or indirectly
from the performance of this Agreement.
c. Business Automobile Liability: The Contractor shall procure and maintain, for
the life of the Agreement, Business Automobile Liability Insurance.
d. The Minimum Limits of Coverage shall be $1,000,000 per occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
e. Professional Liability (Errors and Omissions) Insurance: $1,000,000.
f. The City must be named as an additional insured unless Owners and
Contractors' Protective Coverage is also provided, or required. Sixty (60) days
written notice must be provided to the City via Certified Mail in the event of
cancellation.
g. The minimum limits of coverage shall be $1,000,000 per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This coverage shall be an "Any Auto" type policy. The City must be listed as an
Additional Insured under the Policy. Sixty (60) days written notice must be
provided to the City via Certified Mail in the event of cancellation.
h. In the event that sub -contractors used by the Contractor do not have
insurance, or do not meet the insurance limits, Contractor shall indemnify and
hold harmless the City for any claim in excess of the sub -consultants'
insurance coverage, arising out of negligent acts, errors or omissions of the
sub -contractors.
i. Contractor shall not commence work under this Agreement until all insurance
required as stated herein has been obtained and such insurance has been
approved by the City.
j. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to add
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the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
6. Indemnification:
a. Contractor shall, in addition to any other obligation to indemnify the City and to
the fullest extent permitted by law, protect, defend, indemnify and hold
harmless the City, its agents, elected officials and employees from and against
all claims, actions, liabilities, losses (including economic losses), costs arising
out of any actual or alleged: a). Bodily injury, sickness, disease or death, or
injury to or destruction of tangible property including the loss of use resulting
therefrom, or any other damage or loss arising out of or resulting, or claimed to
have resulted in whole or in part from any actual or alleged act or omission of
the Contractors, any sub -contractor, anyone directly or indirectly employed by
any of them, or anyone for whose acts any of them may be liable in the
performance of the Work; or b). violation of law, statute, ordinance,
governmental administration order, rule, regulation, or infringement of patent
rights by Consultant in the performance of the Work; or c). liens, claims or
actions made by the Consultant or any sub -consultant under workers
compensation acts; disability benefit acts, other employee benefit acts or any
statutory bar. Any cost of expenses, including attorney's fees, incurred by the
City to enforce this agreement shall be borne by the Consultant.
b. Upon completion of all services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive indefinitely.
c. The Consultant shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
d. City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be
the responsibility of Consultant under the indemnification agreement.
Nothing contained herein is intended nor shall it be construed to waive City's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time.
7. Non -Discrimination & Equal Opportunity Employment:
During the performance of the Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age, national
origin, marital status, political affiliation, familial status, sexual orientation, or disability if
qualified. The Contractor will take affirmative action to ensure that employees are
treated during employment, without regard to their race, color, sex, religion, age, national
origin, marital status, political affiliation, familial status, sexual orientation, or disability if
qualified. Such actions must include, but not be limited to, the following: employment,
promotion; demotion or transfer; recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor shall agree to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause. The
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Contractor further agrees that he/she will ensure that Subcontractors, if any, will be
made aware of and will comply with this nondiscrimination clause.
8. Independent Contractor:
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor
under this Agreement and not the City's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's
Compensation Act, and the State Unemployment Insurance law. The Contractor shall
retain sole and absolute discretion in the judgment of the manner and means of carrying
out Contractor's activities and responsibilities hereunder provided, further that
administrative procedures applicable to services rendered under this Agreement shall be
those of Contractor, which policies of Contractor shall not conflict with City, State, or
United States policies, rules or regulations relating to the use of Contractor's funds
provided for herein. The Contractor agrees that it is a separate and independent
enterprise from the City, that it had full opportunity to find other business, that it has
made its own investment in its business, and that it will utilize a high level of skill
necessary to perform the work. This Agreement shall not be construed as creating any
joint employment relationship between the Contractor and the City and the City will not
be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
9. Assignment and Subcontracting:
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
10. Termination:
a. Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the City to the Contractor
for such termination in which event the Contractor shall be paid its compensation
for services performed to termination date, including services reasonably related
to termination. In the event that the Contractor abandons this Agreement or
causes it to be terminated, Contractor shall indemnify the city against loss
pertaining to this termination.
b. Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the
Contractor neglect or fail to perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such neglect or failure shall
continue for a period of thirty (30) days after receipt by Contractor of written
notice of such neglect or failure.
11. Public Records
a. The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes.
The Contractor shall comply with Florida's Public Records Law. Specifically, the
Contractor shall:
C!
1. Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service;
2. Provide the public with access to such public records on the same terms
and conditions that the City would provide the records and at a cost that
does not exceed that provided in chapter 119, Fla. Stat., or as otherwise
provided by law;
3. Ensure that public records that are exempt or that are confidential and
exempt from public record requirements are not disclosed except as
authorized by law; and
4 Meet all requirements for retaining public records and transfer to the City,
at no cost, all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that
are exempt or confidential and exempt. All records stored electronically
must be provided to the City in a format that is compatible with the
information technology systems of the agency.
b. The failure of Contractor to comply with the provisions set forth in this Article
shall constitute a Default and Breach of this Agreement and the City shall enforce
the Default in accordance with the provisions set forth in Section 10
"Termination" herein.
12. Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the
City of Tamarac in the annual budget for each fiscal year of this Agreement, and is
subject to termination based on lack of funding.
13. Venue:
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
14. Signatory Authority:
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
15. Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
16. No Construction Against Drafting Party:
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to
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the drafting of this Agreement. Given this fact, no legal or other presumptions against the
party drafting this Agreement concerning its construction, interpretation or otherwise
accrue to the benefit of any party to the Agreement, and each party expressly waives the
right to assert such a presumption in any proceedings or disputes connected with, arising
out of, or involving this Agreement.
17. Notice:
Any notice, demand, communication, or request required or permitted hereunder shall be in
writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground
courier services or by messenger service, addressed to the party for whom it is intended at
the following addresses.
CITY
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
SAK Construction, LLC
864 Hoff Road
O'Fallon, MO 63366
Attn: , Boyd Hirtz Vice- President
(636) 379-2350
(636)-379-2461 Fax
REMAINDER OF PAGE INTENTIONALLY BLANK
0
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 CONTRACTOR, signing by and through its Vice -
President duly authorized to execute same.
CITY OF TAMARAC
p
Har, Dressler, Mayor
L-
L,ny Liem
Date
ATTEST:
2 �
Signature of Corporate Secretary
Steve Stulce
Type/Print Name of Corporate Secy
Approved to form and legal sufficiency:
City Att ney
ion a �fti -
Date
SAK Constructio
Company Name
e, .2 ,
S
Boyd Hirtz
Type/Print Name of Vic , -resident
lolagl►s-
(CORPORATE SEAL) Date
7
The Right Resources. Right Now,
September 30, 2015
Mr. Boyd Hirtz, Vice President
SAK Construction, LLC
86411off Road
O'Fallon, MO 63366
Subject: Contract Award
Dear Mr. Hirtz:
"EXHIBIT A"
TR #12719
Congratulations! Harris County Department of Education (fICDE) has awarded SAID
Construction, LLC a contract for the following commodity/service, based on the proposal
submitted to HCDE Choice Partners on .August 1. 1, 2015:
Trenchless technology Rehabilitation & Related items & Services Contract No.
15/049TN-02
The contract is effective September 15, 2015 and will expire on September 14, 2016, The
contract may be renewed annually for Lip to four additional years, if mutually agreed to
by Choice Partners and SAE{. Construction, LLC.
Your contract manager, Joann Nichols, will contact you in the next few weeks and set up
an appointment to discuss the contract details and new vendor orientation. The
partnership between SAK Construction, LLC and Choice Partners should be mutually
beneficial for us, as well as our participating agencies.
A press release announcing the awards made this month is posted both at
www.choiccpartners.org and at www.hedc-texas.org. Your contract manager will send
you the Choice Partners sea] to add to your websitc and marketing materials, and will
request additional information so we can accurately describe your company on Our
website.
If you have any questions or concerns in the meantime, please fieel free to call us at the
office at 713-696-2122.
Sincerely,
Derek Gillard, Director
Choice Partners
A division offiarris County Department of Education
Enclosure: Signed Contract Page
HCDE
A Service of Harris County Department of Education
711696.2122
877696.2122
713.696.0731
713.696.0732
www.ChoicePartners.org @,
6006 Westyiew Or. - Houston, TX 77055 ON
RFP #15/049JN
0
s 1
The Right Resources. Right Now.
Harris County Department of Education
6300 Irvington Blvd., Houston, Texas 77022-5618
RFP # 15/049JN
Request for Proposals
for
Trenchless Technology Rehabilitation and
11 Related Items and Services
Submittal Deadline and Proposal Opening Deadline:
August 11, 2015 @ 2 pm CDT
Proposals received after the date and time stated above will not be considered.
Questions regarding this RFP must be submitted via email or fax no later than five (5)
business days prior to the submittal deadline date. All questions and answers will be
posted online at http://www.choicepartners.ors!/pages/current-rfps
General eBid RFP (revised 2.6.15) Page I of 30
RFP #15/049JN
TABLE OF CONTENTS
1.0 Notice of Intent
2.0 Introduction to Choice Partners Cooperative
3.0 Instructions to Vendors
4.0 Evaluation and Award of Proposal(s)
5.0 Contract Terms and Conditions
6.0 Scope of Proposal
7.0 Specifications
8.0 Pricing/Delivery Information
9.0 Vendor Questionnaire
10.0 Attachments
General eBid RFP (revised 2.6.15) Page 2 of 30
RFP #15/049JN
1.0 NOTICE OF INTENT
It is the intent of Harris County Department of Education (HCDE) to award one or more contract(s) as a result of this
RFP for use by HCDE/CP and/or CP members. Product(s) and/or services considered for award shall equal or exceed a
minimum quality level of industry standard(s) as defined within this RFP, including Section 6.0 Scope of Proposal, and
shall comply with all applicable federal, state and local technical, environmental, and performance standards and
specifications.
Further, it is the intent of HCDE/CP to allow CP members to "piggyback" onto any existing contract between HCDE
and Vendor entered into pursuant to this RFP, as contemplated in United States Department of Agriculture
Memorandum SP35-2012, Procuring Services of Purchasing Cooperatives, Group Purchasing Organizations, Group
Buying Organizations, etc., June 12, 2012 ("SP 35-2012"). Accordingly, pursuant to HCDE's membership agreements
with CP members (as permitted under the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, and
Chapter 271, Subchapter F of the Texas Local Government Code, and similar statutes in other states), CP members are
authorized to enter into separate and independent contracts with Vendor that employ the same negotiated terms and
conditions contained in an existing contract(s) between HCDE and Vendor.
1.1 The initial base term of the prospective contract is a period of one calendar year, and HCDE/CP may
elect to extend any contract awarded pursuant to this RFP for up to four additional one-year renewal
terms.
1.2 In this RFP and in the Contract, the following terms shall mean as follows:
1.2.1 "HCDE" means the Harris County Department of Education, a county school district established
under the laws of the State of Texas; 6300 Irvington Blvd., Houston, Texas 77022.
1.2.2 "CP" means Choice Partners cooperative, a national cooperative purchasing program and division of
HCDE. HCDE/CP is a local governmental agency, as that term is used in SP 35-2012.
1.2.3 "CP member(s)" means the non-profit entities, public and private schools (including independent
school districts and charter schools), education service centers, colleges, universities, municipalities,
counties, political subdivisions, and other governmental entities and agencies throughout the United
States that have followed local governing authority allowing them to utilize contracting vehicles
procured and administered by HCDE, pursuant to the Interlocal Cooperation Act, Chapter 791 of the
Texas Government Code, and Chapter 271, Subchapter F of the Texas Local Government Code, and
similar statutes in other states.
1.2.4 "Vendor(s)" means the proposer(s) responding to this RFP and vendor(s) to whom a contract has been
awarded as a result of this RFP by HCDE. A responsible vendor is a vendor who has adequate
financial resources (or the ability to obtain such resources), can comply with the delivery
requirements, and is a qualified and established firm regularly engaged in the type of business that
provides the product(s) /service(s) listed herein.
1.2.5 "Contract" means the contract terms and conditions in Section 5.0 Contract Terms and Conditions,
as further defined in the Entire Agreement provision of Section 5.0. . A contract is exclusively
between HCDE/CP and Vendor. All existing contracts shall be made available to CP members to
review and copy. Further, all records, reports, and other documents related to HCDE/CP's
competitive procurement of existing contracts shall also be made available to CP members to review
and copy
1.2.6 "Supplemental Contract" means a separate, supplemental contract entered into between a CP
member and the Vendor, which utilizes the negotiated terms and conditions contained in the existing
General eBid RFP (revised 2.6.15) Page 3 of 30
RFP #15/049JN
competitively -procured contract(s) between HCDE/CP and Vendor. Supplemental Contracts may
further define the level of service and/or product requirements over and above the minimum defined in
the Contract and the RFP, including, without limitation, invoice requirements, ordering requirements,
on -campus service, specialized delivery, discounted pricing, etc. Supplemental Contracts may be a
Purchase Order issued by a CP member may be a Supplemental Contract. Supplemental Contracts are
exclusively between a CP member and Vendor and are executed pursuant to the piggyback method
delineated in SP35-2012. Vendor shall immediately notify HCDE/CP of all Supplemental Contracts
entered into with a CP member.
1.2.7 "Best Value" means the method by which a contract, if any, is awarded, in accordance with
applicable laws, rules, and regulations. Best Value includes multiple parameters, including
experience, references, quality of the Vendor's product(s)/service(s), and price, as detailed in Section
4.0 Evaluation and Award.
1.2.8 "HCDE/CP Administrative Fee or HCDE/CP Fee" means the fee paid by Vendors to HCDE/CP
for the limited purpose of funding the total administrative costs of the HCDE/CP program. HCDE/CP
will invoice the Vendor for the HCDE/CP Administrative Fee of 2 percent. The HCDE/CP Fee must
be included in the Vendor's price submitted in its proposal in response to this RFP. All rebates,
discounts, and other applicable credits from the Vendor resulting from Supplemental Contract(s) shall
accrue exclusively to CP members.
1.2.9 "Purchase Order or PO" means the agreed -upon purchase order between HCDE's or the CP
member and the Vendor. Special terms and conditions agreed to by the Vendor and HCDE/CP or the
CP member may be added as addendums to the PO, including such items as requirements concerning
certificates of insurance, bonding, and small or disadvantaged business goals.
1.2.10 "Premium Hours" means those hours not included in Regular Hours or federal holidays. Premium
Hours must be approved by HCDE/CP or the CP member for each Purchase Order.
1.2.11 "Regular Hours" means the hours between 7 a.m. and 6 p.m. Monday thru Friday, excluding the
following holidays: Presidents' Day, Easter, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day, Christmas Day, and New Year's Day.
1.3 Time Table
HCDE/CP anticipates following the time table listed below for this job. The table below is only an
estimate and may vary.
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General eBid RFP (revised 2.6.15) Page 4 of 30
RFP #15/049JN
2.0 INTRODUCTION TO CHOICE PARTNERS COOPERATIVE
2.1. Description of CP members
2.1.1. Contract(s), if any, awarded as a result of this RFP will be available for use by HCDE/CP.
Additionally, contract(s) awarded as a result of this RFP will also be available for use by CP members
pursuant to the piggyback method delineated in SP 35-2012. HCDE/CP, a local governmental entity,
currently has more than 950 members and keeps growing every day. Many CP members constitute
"school food authorities," as that term is used in SP 35-2012.
Contract(s), if any, awarded as a result of this RFP will be available to CP members to review and
copy on an "as needed" basis from a list of contracts that have been competitively procured and
awarded to Vendors based on the selection criteria set forth in Section 4.0 Evaluation and Award. All
related records, reports, and documents related to the competitive procurement of any contract(s)
awarded as a result of this RFP will also be available to CP members to review and copy on an "as
needed" basis.
2.1.2. By allowing eligible entities to piggyback onto existing contract(s) between HCDE/CP and Vendors,
those entities can accomplish the legally -required competition for contracts of commonly purchased
products and services, thereby saving the individual entity the cost of going through the procurement
process. Vendors benefit as well by having a multi -year contract and by saving the time and expense
of going through the procurement process for each individual participating governmental entity. The
specific scope of work for each Supplemental Contract/Purchase Order shall be determined in advance
and in writing between the CP member and the Vendor.
2.1.3. Pursuant to TEX. GOV'T. CODE Chapter 791, the Interlocal Cooperation Act, and similar statutes of
other states, as well as directives issued by the Texas Department of Agriculture and the United States
Department of Agriculture, HCDE/CP and CP members participate in an Interlocal Contract to
provide governmental functions and services, including procurement services, which permits CP
members to make purchases using contracts procured by HCDE.' A local government that
purchases products and services under the Interlocal Cooperation Act satisfies the requirement
of the local government to seek competitive bids for the purchase of the products and services.
TEX. GOV'T. CODE § 791.025(c). An interlocal contract between a governmental entity and a
purchasing cooperative may not be used to purchase engineering or architectural services. TEX.
GOV'T. CODE § 791.011(h).
' See, e.g., TEX. EDUC. CODE § 44.031(a)(4) ("all school district contracts for the purchase of goods and services,
except contracts for the purchase of produce or vehicle fuel, valued at $50,000 or more in the aggregate for each 12-
month period shall be made by the method ... that provides the best value for the district[, including] an interlocal
contract"); TEX. EDUC. CODE § 51.9335(a)(4) (each institution of higher education, as that term is defined by Tex.
Educ. Code § 61.003, including each public junior college to the extent possible, "may acquire goods or services by the
method that provides the best value to the institution, including... a group purchasing program."); TEX. EDUC. CODE
§ 73.115(a)(4) (University of Texas at Houston "may acquire goods or services by the method that provides the best
value to the institution, including... a group purchasing program."); TEX. EDUC. CODE § 74.008(a)(4) (University of
Texas Medical Branch at Galveston "may acquire goods or services by the method that provides the best value to the
medical branch, including ... a group purchasing program."); TEX. LOCAL GOV'T. CODE Chapter 271 (Purchasing
and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments); TEX. LOCAL GOV'T.
CODE Chapter 262 (Purchasing and Contracting Authority of Counties); 24 C.F.R. 85.36(b)(5) Administrative
Requirements for Grants and Cooperative Agreements to state, local, and federally recognized Indian tribal governments
("To foster greater economy and efficiency, grantees and sub -grantees [of federal funds/grants] are encouraged to enter
into State and local intergovernmental agreements for procurement or use of common goods and services."); Texas
Department of Agriculture, Participation on Purchasing Cooperatives, May 9, 2014, Angela Olige; United States
Department of Agriculture Memorandum SP35-2012, Procuring Services of Purchasing Cooperatives, Group
Purchasing Organizations, Group Buying Organizations, etc., June 12, 2012.
General eBid RFP (revised 2.6.15) Page 5 of 30
RFP M15/049JN
2.2. Financing of HCDE/CP
2.2.1. HCDE/CP does not charge membership fees to CP members.
2.2.2. The total cost of the HCDE/CP program is funded through the HCDE/CP Administrative Fee paid to
HCDE/CP by Vendors. The HCDE/CP Fee is based on a percentage of vendor sales, less special
insurance and required bonding, if applicable.
2.2.3. HCDE/CP will provide limited oversight in assisting both CP members and Vendors in marketing to
CP members, training (education), and provide, at a minimum, an annual review of each Vendor. This
service will be paid for out of the HCDE/CP Fee. HCDE/CP will not market or sell directly for
Vendors.
2.2.4. All rebates, discounts, and other applicable credits that are granted by Vendors as a result of
Supplemental Contracts shall accrue exclusively to CP member(s).
2.3. HCDE/CP Procedures
2.3.1. Contracts are awarded through open competition in compliance with applicable procurement rules and
regulations.
2.3.2. The CP member sends a proposal request to the Vendor.
2.3.3. The Vendor prepares and sends to the CP member its proposal.
2.3.4. The Vendor and the CP member agree on a Purchase Order. Purchase Orders/Supplemental Contracts
are reported and sent by individual CP members to the Vendor and to HCDE/CP, where they are
logged and filed.
2.3.5. The Vendor delivers product(s)/service(s) directly to the CP member and then invoices the CP
member.
2.3.6. The Vendor receives payment directly from CP member.
2.3.7. The Vendor reports the administrative fee to HCDE/CP and pays the fee to HCDE/CP.
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RFP #15/049JN
3.0 INSTRUCTIONS TO VENDORS
3.1. Proposal Response Format
To qualify for evaluation, a proposal must have been submitted on time and must materially satisfy all
mandatory requirements identified in this RFP. Vendors must follow the format instructions detailed below in
preparing and submitting their proposals.
3.1.1. Required Format
Vendors shall submit proposals online in the HCDE/CP eBid system at the following address:
http://www.choicepartners.org/html/bidder info.php The Vendor is responsible for ensuring that
HCDE/CP has the appropriate company name, authorized representatives, and contact information on
file for the purpose of receiving notices, changes, addenda or other critical information.
3.1.2. The following items must be included in the Response Attachment section of the eBid System.
Failure to include these items may result in non -award.
1) Completed 9.0 Vendor Questionnaire
2) Completed 10.0 Attachment Packet
3) Pricing; Electronic Catalog/Price Lists
3.1.3 Proposal Response Location
Proposals shall be received no later than the submittal day and time deadline in the HCDE/CP eBid
System.
3.1.4 Submission of Proposals
HCDE/CP will only accept bids and proposals submitted online. Faxed or electronically transmitted
proposals will not be accepted. Deviations from any terms, conditions and/or specifications shall be
conspicuously noted in writing by the Vendor 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 submission deadline is permitted. Copyrighted proposals are unacceptable
and may be disqualified.
3.1.5 HCDE/CP Reservations
HCDE/CP reserves the right to:
a) Cancel this solicitation in whole or in part, at the sole discretion of HCDE/CP.
b) Accept, reject, or negotiate modifications in any terms of the Vendor's proposal or any parts
thereof.
c) Conduct oral interviews/discussions or presentations necessary to select the best value Vendor
and/or to obtain competitive pricing.
d) Reject and/or disqualify any or all proposals received, to award contracts for individual products or
services as may appear advantageous, and to negotiate separately in any manner necessary to serve
the best interest of HCDE/CP and/or CP members.
e) Waive any formalities, technicalities, or other defects if deemed in the best interest of HCDE/CP
and/or CP members; Request clarification and/or correction of Vendor(s) for the purpose of
eliminating minor errors, clerical errors, and/or non -substantive irregularities.
f) Be the sole judge of quality and equality.
g) Award one or more contracts, in part or in whole, to a single or to multiple Vendors, in HCDE/CP
sole discretion.
h) Make all decisions regarding this RFP, including, without limitation, the right to decide whether a
proposal substantially complies with the requirements of this RFP.
3.1.6 Financial Responsibility
HCDE/CP assumes no financial responsibility for any costs incurred by Vendors in developing and
submitting a proposal or any amendments or addenda, participating in pre -proposal meetings,
participating in any negotiation sessions or discussions, or any other costs incurred by Vendors
pursuant to this RFP.
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RFP #15/049JN
3.1.7 Compliance with Specifications and Contract
Vendors are requested to submit a proposal offering their total line of available products and services
that are commonly purchased by governmental entities, school districts, and other public, not -for -
profit agencies and organizations. Proposals shall be deemed responsive if they comply with all
material and administrative aspects of this RFP. Vendors are required to respond to all requests
identified in this RFP and indicate their acceptance or objection to the terms of the RFP and the
Contract terms in section 5 Terms and Conditions. Any exceptions to the terms and conditions in the
RFP or the Contract must be clearly indicated in the Vendor's submitted proposal. Deviations or
exceptions stipulated in a Vendor's response may result in disqualification. Any language to the
effect that the Vendor does not consider this RFP to be part of a contractual obligation may result in
the Vendor's proposal being disqualified. Each Vendor, by making its proposal, represents that the
Vendor has read and understands the RFP and the Contract.
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RFP #15/049JN
4.0 EVALUATION AND AWARD
4.1. Award of Contract
In accordance with applicable laws, rules, and regulations for public procurement, award(s) will be made to the
responsible Vendor(s) whose proposal(s) is/are determined after evaluation by HCDE/CP to be the best value
to HCDE/CP and to CP members. To qualify for evaluation, a proposal must have been submitted on time and
must materially satisfy all mandatory requirements identified in this document.
4.2. Market Basket Survey
HCDE/CP reserves the right, in its sole discretion, to use a "Market Basket Survey" method, based on
randomly selected criteria to determine the most advantageous proposal(s).
4.3. Competitive Range
It may be necessary for HCDE/CP 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.
4.4. Deviations and Exceptions to Requirements
Deviations or exceptions stipulated in a Vendor's response may result in disqualification. Any language to the
effect that the Vendor does not consider this RFP to be part of a contractual obligation may result in the
Vendor's proposal being disqualified.
4.5. Clarification and/or Discussions
HCDE/CP may request clarification from Vendor(s) for the purpose of eliminating minor errors, clerical errors,
and/or non -substantive irregularities. Clarification does not give a Vendor the opportunity to revise, change, or
modify its proposal in any way except to the extent of correction of the error. Discussion between HCDE/CP
and Vendor can also take place after the initial receipt of proposals. HCDE/CP reserves the right to conduct
discussions with all, some, or none of the Vendor submitting proposals. HCDE/CP will not assist the Vendor in
the revision or modification of its proposal, nor will HCDE/CP assist the Vendor in bringing its proposal to the
same level of other proposals received by HCDE/CP.
Questions related to the RFP can be submitted online at http://www.choicepartners.or�4/pages/current-rfps no
later than five (5) business days prior to the submittal deadline date. All submitted questions and answers will
be listed online. Questions will not be answered verbally or by phone.
4.6. No Guarantee of Quantities
HCDE/CP makes no guarantee or commitment of any kind concerning quantities that will actually be
purchased under this RFP and the resulting contract, if any. HCDE/CP makes no guarantee or commitment of
any kind regarding usage of any contracts resulting from this RFP.
4.7. Minority and Women's Business Enterprise (MWBE), Historically Under-utilized Business (HUB) and
Small Business Enterprise (SBE) Participation
HCDE/CP encourages the use of HUB, MWBE, and SBE both as prime and subcontractors. However, these
entities 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 CP members have specific goals for subcontracting requirements and will require that a
plan be attached to meet their goals. The Vendor shall also indicate on their submitted proposals whether or
not they are a HUB, MWBE, or SBE vendor and with whom they are certified, e.g., State, City, Federal.
4.8. Formation of Contract (Execution of Offer)
A response to this RFP is an offer to contract with HCDE/CP 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/CP after approval by the HCDE Board of Trustees. A contract is formed when either HCDE's
Superintendent or Assistant Superintendent for Business Support Services signs the Signature Form. The
General eBid RFP (revised 2.6.15) Page 9 of 30
RFP #15/049JN
Vendor must submit a signed Signature Form, thus eliminating the need for the formal signing of a separate
contract.
4.9. Multiple Awards
HCDE/CP reserves the right to award contracts to multiple vendors. The decision to award multiple contracts,
award only one contract, or to make no awards rests solely with HCDE/CP. HCDE/CP may make multiple
awards; this fact should be taken into consideration by each Vendor.
4.10. Non -Exclusive Contract
Any contract resulting from this RFP is non-exclusive and shall be awarded with the understanding and
Contract that it is for the sole convenience of HCDE/CP and CP members. HCDE/CP and CP members are free
to have multiple contracts for the awarded products and/or services and may initiate other procurement
solicitations or procurement activity with other suppliers at any time, at HCDE's or CP members' sole
discretion.
4.11. Disqualification
A Vendor may be disqualified before or after the proposals are opened upon evidence of collusion with the
intent to defraud or evidence of intent to perform other illegal activities for the purpose of obtaining an unfair
competitive advantage.
4.12. Environmental Initiatives
HCDE/CP is committed to reducing waste and promoting energy conservation. Toward that end, Vendors
responding to this solicitation are encouraged to provide their company's environmental policy and green
initiative.
4.13. Interpretation
This solicitation represents the basis for any award and supersedes all prior offers, negotiations, exceptions and
understandings (whether orally or in writing). Submitted proposals should be self-explanatory and should not
require any clarification or additional information.
4.14. No Return of Proposals
Once submitted, HCDE/CP will not return proposals to Vendor.
4.15. Non -Collusion Statement
Vendors are required to certify a Non -Collusion Statement. (See Section 11.0 Attachments) Vendors are
required to state the party submitting a proposal or bid, that such proposal or bid is genuine and not collusive or
sham; that Vendor has not colluded, conspired, connived or agreed, directly or indirectly, with an entity or
person, to put in a sham proposal or bid or to refrain from proposing , and has not in any manner, directly or
indirectly, sought by Contract or collusion, or communication or conference, with any person, to fix the
proposed price or of any other vendor, or to fix any overhead, profit or cost element of said proposed price, or
of that of any other vendor, or to secure any advantage against HCDE/CP or any person interested in the
proposed contract, and that all statements in said proposal are true.
4.16. Open Records Policy
HCDE/CP is a governmental body subject to the Texas Public Information Act. Proposals submitted
to HCDE/CP 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 Vendor believes that its response, or parts of its response, may be
exempted from disclosure under Texas law, the Vendor must specify page -by -page and line -by-line the parts of
the response which it believes are exempt. In addition, the Vendor must specify which exception(s) to the
Texas Public Information Act are applicable and provide detailed reasons to substantiate the exception(s).
Vague or general claims to confidentiality will not be accepted. HCDE/CP assumes no obligation or
responsibility relating to the disclosure or nondisclosure of information submitted by Vendors.
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RFP #15/049JN
4.17. Preferences
HCDE/CP may apply applicable preferences for Texas resident Vendors in the event of a tie bid. Preferences
must be explicitly claimed by Vendor and may not be applicable in procurements and/or contracts involving
federal funds. See TEXAS GOV'T. CODE §2252.001-.004.
4.18. Responsible Vendor
A responsible vendor is a vendor who has adequate financial resources (or the ability to obtain such resources),
can comply with the delivery requirements, and is a qualified and established firm regularly engaged in the
type of business that provides the items listed herein.
4.19. Responsive Proposal
Proposals shall be deemed responsive if they comply with all material and administrative aspects of this RFP.
4.20. Similar Products
Whenever product(s) is(are) referred by HCDE/CP in this solicitation by describing a proprietary product or by
using the name of a manufacturer or brand name, the term "or equal" if not inserted shall be implied, as
applicable. The specified product(s) shall be understood as indicating type, function, minimum standard of
design, efficiency and quality desired and shall not be construed as to exclude other manufactured products or
comparable quality, design and efficiency, as applicable.
4.21 Material Changes
If a material change to a contract entered into between HCDE/CP and Vendor occurs, then the contract will not
be renewed upon the conclusion of its term. Upon the expiration of the term, HCDE/CP may issue a new RFP
for the goods or services procured under the previously -existing contract. Material change means a
modification that substantially exceeds the terms of the original contract between HCDE/CP and Vendor.
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RFP H15/049JN
4.22 Evaluation of Proposals
A committee of HCDE/CP employees will review and evaluate proposals and make a recommendation to the
HCDE Board of Trustees. HCDE/CP will base a recommendation for contract award on the following factors:
Evaluation Factors Weighted Value
(1) Price 40
• Overall Cost of Program
• Pricing as determined by the proposal submitted
• Pricing may also be based upon usage and coverage
(2) Vendor's experience and reputation 15
• References for local governmental entities and with a purchasing cooperative program
• Local government agencies within the past 5 years
• Other projects completed within the past 10 years
(3) Quality of Vendor's products/services and extent to which the products/services meet 25
HCDE/CP and CP members' needs:
• Project Management
• Infrastructure Solutions
• Quality of Vendor's Products/Service
• Demonstrated Ability to Perform
(4) Impact on the ability of CP members to comply with laws and rules relating to 2
HUB/MWBE/SBE
(5) Whether Vendor's financial capability is appropriate to the size and scope of the 2
project and the total long-term cost to HCDE/CP and CP members to acquire the
products/services
(6) For a contract for goods and services, other than goods and services related to 3
telecommunications and information services, building construction and maintenance,
or instructional materials, whether the Vendor or the Vendor's ultimate parent company
or majority owner:
(A) has its principal place of business in this state; or
(B) employs at least 500 persons in this state
(7) Vendor's past relationship with HCDE/CP and/or CP member 5
(8) Marketing Plan
(9) Value Add Products/Services *
TOTAL POSSIBLE POINTS:
E
3
1.40
* "Value -Add" is other products and services that will enhance and add value to the contract for HCDE/CP and
CP members. HCDE/CP reserves the right to accept or reject additional proposed services or products in the
best interests of HCDE/CP and CP members.
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RFP #15/049JN
5.0 CONTRACT TERMS AND CONDITIONS
These Contract Terms and Conditions are part of the final contract in each product and/or service contract awarded as a
result of this RFP and are part of the terms and conditions of each Purchase Order or proposal forms issued in
connection with this RFP. Vendors are responsible for identifying any exceptions to these terms and conditions. ANY
EXCEPTIONS MUST BE NOTED DIRECTLY BELOW EACH OF THE RESPECTIVE TERMS AND
CONDITIONS. Proposals that are qualified with conditional clauses, items not called for, or other irregularities may
be considered non -responsive by HCDE/CP and eliminated from further consideration.
CONTRACT BETWEEN
HARRIS COUNTY DEPARTMENT OF EDUCATION AND
("VENDOR")
FOR TRENCHLESS TECHNOLOGY REHABILITATION AND RELATED ITEMS AND SERVICES
This Contract is entered into between HCDE/CP and Vendor, having submitted a proposal in response to this RFP
issued by HCDE/CP and whose proposal has been accepted and awarded by HCDE. In consideration of the mutual
covenants and conditions contained in this Contract and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, HCDE/CP and Vendor, intending to be legally bound, and subject to the
terms, conditions, and provisions of this Contract, agree as follows:
5.1. Definitions
The terms used in this Contract shall have the meanings assigned to them in Section 1.0 Notice of Intent of the
RFP.
5.2. Use of Contract by CP members
Vendor agrees and understands that this RFP and Contract may be used to accomplish work for HCDE/CP, a
local governmental entity. Vendor further agrees and understands that this RFP and Contract may also be
utilized by CP members pursuant to the piggyback method, as contemplated in the U.S. Department of
Agriculture Memorandum SP 35-2012, Procuring Services of Purchasing Cooperatives, Group Purchasing
Organizations, Group Buying Organizations, etc. ("SP 35-2012). Vendor agrees and understands that CP
members include "school food authorities," as that term is used in SP 35-2012.
5.3. Contract Terms; Amendment
The terms and conditions of this Contract shall govern all procurements conducted hereunder. No pre -
published terms on Vendor's Purchase Order, acknowledgments, invoices, or other forms shall have any force
or effect unless expressly agreed to by the CP member and Vendor. No amendment of this Contract shall be
permitted unless and until first approved in writing by HCDE/CP and, if necessary, the CP member(s), and no
such amendment shall have any effect unless and until a written amendment to this Contract is executed by the
HCDE Superintendent or his designee after any necessary approvals have been obtained from the HCDE Board
of Trustees.
5.4. Term of Contract; Renewal of Contract
The initial term of this Contract is for a period of one (1) year, with HCDE/CP having the option to renew the
Contract for four (4) additional one-year terms, at HCDE's sole discretion, unless otherwise specified in
Section 6.0 Scope of Proposal. Consequently, the total term of the Contract may be for a period of five (5)
years. The phrase "Term" in this Contract shall mean the then -current Term of the Contract, whether an initial
term or a renewal term.
5.5. Termination of Contract; Survival
This Contract shall remain in effect until (1) the Contract expires by its terms or (2) the Contract is terminated
by mutual consent of HCDE/CP and Vendor. All Supplemental Contracts, purchase orders, and/or orders for
goods or services issued by HCDE and/or CP members and accepted by Vendor shall survive the expiration or
termination of this Contract. During the term of any Supplemental Contract entered into between Vendor and a
CP member, all terms of this Contract shall continue to apply to the Supplemental Contract.
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RFP #15/049JN
In the event of a breach or default of the Contract and/or the RFP by Vendor, HCDE/CP 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/CP and/or CP members. HCDE/CP 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 Order; (2) make any payments owed; or (3) otherwise perform in
accordance with this Contract and/or the RFP. HCDE/CP also reserves the right to terminate the Contract
immediately, with written notice to Vendor, if HCDE/CP believes, in its sole discretion that it is in the best
interest of HCDE/CP and/or CP members to do so.
In the event that a material change to the terms of the Contract occurs, then the Contract shall be allowed to
expire and shall not be renewed upon the conclusion of the Contract's term. The phrase "material change" in
this paragraph shall mean a modification that substantially exceeds the terms of the original contract between
HCDE/CP and Vendor. Upon the expiration of the Contract's term, HCDE/CP may issue a new RFP for the
goods or services procured under the previous contract.
Vendor agrees that HCDE/CP shall not be liable for damages in the event that HCDE/CP declares Vendor to be
in default or breach of this Contract and/or the RFP. Vendor further agrees that upon termination of the
Contract for any reason, Vendor shall, in good faith and with reasonable cooperation, aid in the transition to
any new arrangement and/or Vendor.
5.6. Buy America Act; Prevailing Wage Rates
HCDE/CP and CP 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.
Vendor and all subcontractors of Vendor shall comply with all laws regarding prevailing wage rates, including,
but not limited to, TEX. GOV'T. CODE Chapter 2258, applicable to the construction of a public work, and any
related federal requirements, including the DAVIS-BACON ACT. In the event TEX. GOV'T. CODE Chapter
2258 applies to a product or service provided by Vendor to HCDE/CP or a CP member, Vendor and any
subcontractor(s) shall comply with the prevailing wage rates set by HCDE/CP or the CP member.
5.7. Change Orders
Pursuant to TEX. EDUC. CODE § 44.0411(a), for HCDE/CP and CP members that are Texas school districts,
if a change in plans or specifications is necessary after the performance of a Purchase Order has begun or if it is
necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or supplies
to be furnished, the CP member may approve change orders making the changes. The total Purchase Order
price may not be increased because of the changes unless additional money for increased costs is approved for
that purpose from available money or is provided for by the authorization of the issuance of time warrants. The
CP member may grant general authority to an administrative official to approve the change orders. A Purchase
Order with an original contract price of $1 million or more may not be increased under TEX. EDUC. CODE §
44.0411(a) by more than 25 percent. If a change order for a Purchase Order with an original contract price of
less than $1 million increases the contract amount to $1 million or more, the total of the subsequent change
orders may not increase the revised contract amount by more than 25 percent of the original contract price.
5.8. Compliance with Laws
Vendor shall comply with all applicable federal, state, and local laws, statutes, ordinances, standards, orders,
rules, and regulations, including, as applicable, workers' compensation laws, minimum and maximum salary
and wage statutes and regulations, prompt payment and licensing laws and regulations, the DAVIS-BACON
ACT (40 U.S.C. § 276a / 29 CFR Part 5), the Copeland "Anti -Kickback" Act (18 U.S.C. § 874 / 29 CFR Part
5), the Equal Opportunity Employment requirements (Executive Orders 11246 and 11375 / 41 CFR Chapter
60), Contract Work Hours and Safety Standards Act (40 U.S.C. § 327-330 / 29 CFR Part 5), the McNamara -
O'Hara Service Contract Act (41 U.S.C. 351), Section 306 of the Clean Air Act (42 U.S.C. § 1857h, Section
508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, Environmental Protection Agency
regulations (40 CFR Part 15), Administrative Requirements for Grants and Cooperative Contracts to state,
local, and federally recognized Indian tribal governments (24 CFR Part 85), mandatory standards and policies
contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation
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Act (Pub. L. 94-163, 89 Stat. 871), and all applicable requirements and regulations, including those related to
reporting, patent rights, copyrights, data rights and those mandated by federal agencies making awards of
federal funds to HCDE/CP and/or CP members. For the entire duration of this Contract, Vendor and all
subcontractors shall maintain all required licenses, certifications, permits, and any other documentation
necessary to perform this Contract. All permits will be acquired by Vendor and invoiced to the CP member at
cost as part of the Purchase Order, unless the permits are provided by the CP member. Vendor must comply
with all state and local building code requirements unless otherwise specifically provided in the CP member's
Purchase Order, and Vendor must pay all fees and charges for connections to outside services and for use of
property outside the project site. The states of individual CP members may have regulations and laws that
govern payment retention and progress payments for public projects. Vendor is responsible for being
acquainted with and complying with each state's requirements. When required or requested by HCDE/CP or a
CP member, Vendor shall furnish HCDE/CP and/or the CP member with satisfactory proof of Vendor's
compliance with this provision.
5.9. Confidentiality
Vendor and HCDE/CP agree to secure the confidentiality of all information and records in accordance with
applicable federal and state laws, rules, and regulations. Vendor and HCDE/CP understand that the Family
Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, governs the privacy and security of
educational records and information and agree to abide by FERPA rules and regulations, as applicable. Vendor
also acknowledges that HCDE/CP and numerous CP members are subject to the Texas Public Information Act,
and Vendor waives any claim against and releases from liability HCDE/CP and CP members, their respective
officers, employees, agents, and attorneys with respect to disclosure of information provided under or in this
Contract or otherwise created, assembled, maintained, or held by Vendor, HCDE, or a CP member and
determined by HCDE/CP or the CP member, the Attorney General of Texas, or a court of law to be subject to
disclosure under the Texas Public Information Act.
5.10. Performance and Payment Bonds
Vendor agrees to provide performance bonds and/or payment bonds as required by law, based on the amount or
estimated amount of any Purchase Order for a public work contract, which is defined as a contract for
constructing, altering, or repairing a public building or carrying out or completing any public work.. TEX.
GOV'T. CODE § 2253.001(4). Pursuant to TEX. GOV'T. CODE § 2253.021, a performance bond is required
if a Purchase Order is in excess of $100,000 for CP members that are governmental entities subject to Chapter
2253; a payment bond is required if a Purchase Order is in excess of $25,000 for CP members that are
governmental entities subject to Chapter 2253 and are not municipalities or a joint board created under
Subchapter D, Chapter 22 of the Tex. Transp. Code, and a payment bond is required if a Purchase Order is in
excess of $50,000 for CP members that are governmental entities subject to Chapter 2253 and are
municipalities or a joint board created under Subchapter D, Chapter 22 of the TEX. TRANSP. CODE.
5.11. Title and Risk of Loss
Whenever HCDE/CP or a CP member is purchasing (and not leasing) a product under this Contract, title and
risk of loss shall pass upon the later of HCDE/CP or the CP member's acceptance of the product or payment of
the applicable invoice.
5.12. Warranty Conditions
All product(s) and/or service(s) provided by the Vendor under this Contract must be warranted to be free from
defects in material, workmanship, and free from such defects in design for a period of one (1) year upon the
later of HCDE's or the CP member's acceptance of the product and/or service or payment of the applicable
invoice. Vendor warrants that all products and/or services furnished under this Contract shall conform in all
respects to the terms of this Contract, including any drawings, specifications, and/or standards incorporated
herein, including, without limitation, those detailed in the RFP and Purchase Order. In addition, Vendor
warrants that products and/or services are suitable for and will perform in accordance with the purposes for
which they are intended. Vendor shall assume all liabilities incurred within the scope of consequential damages
and incidental expenses, as set forth in the Vendor or manufacturer's warranty, which result from either
delivery or use of product, which does not meet the specifications within this Contract, the RFP, or Purchase
Order.
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5.13. Criminal History Review
Section 11.0 Attachment #6—SB 9 Contractor
Attachment #7—SB 9 Contractor Certification:
with packet, if applicable.
RFP #15/049JN
Certification: Contractor Employees (Required) and
Subcontractor Form (If Applicable) must be submitted
Prior to commencing any work under the Contract, if Vendor contracts with HCDE/CP to provide services,
Vendor must certify, on the form provided herein, that for each covered employee of Vendor who will have
direct contact with students, Vendor has obtained, as required by TEX. EDUC. CODE Section 22.0834: (a)
state criminal history record information from a law enforcement or criminal justice agency or a private entity
that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.)
for each covered employee of Vendor employed before January 1, 2008; and (b) national criminal history
record information for each employee of Vendor employed on or after January 1, 2008. Vendor must also
obtain similar certifications of compliance with TEX. EDUC. CODE, Chapter 22 requirements from any
subcontractors on the form provided herein. Covered employees with disqualifying criminal history are
prohibited from serving at HCDE/CP or at CP school district members' locations; Vendor and any
subcontracting entity may not permit a covered employee to provide services at a school if the employee has
been convicted of a felony or misdemeanor offense that would prevent a person from being employed under
TEX. EDUC. CODE § 22.085(a) (i.e., Title 5 felony or an offense requiring registration as a sex offender and
victim was under 18 years of age or was enrolled in a public school at the time the offense occurred). The
criminal history record information review obligation applies only if Vendor contracts with HCDE/CP to
provide services; it does not apply to a contract for the purchase of goods, products or real estate.
5.14. Customer Support
Vendor shall provide timely and accurate technical advice and sales support to HCDE/CP staff, and CP
members. Vendor shall respond to requests for customer support within one (1) business day after receipt of the
request. Vendor shall provide training to HCDE/CP staff and/or CP members regarding products and/or
services supplied by Vendor, at no additional charge, if requested by HCDE/CP or a CP member.
5.15. HCDE/CP and/or CP members' Property
In the event of loss, damage, or destruction of any property owned by or loaned by HCDE/CP or a CP member
that is caused by Vendor or Vendor's representative, agent, employee, or contractor, Vendor shall indemnify
HCDE/CP or the CP member and pay to HCDE/CP or the CP member the full value of or the full cost of repair
or replacement of such property, whichever is greater, within thirty (30) days of Vendor's receipt of written
notice of HCDE's or the CP member's determination of the amount due. If Vendor fails to make timely
payment, HCDE/CP or the CP member may obtain such money from Vendor by any means permitted by law,
including, without limitation, offset or counterclaim against any money otherwise due to Vendor by HCDE/CP
or the CP member.
5.16. Tax Exempt Status
HCDE/CP and all CP members that are Texas governmental entities or agencies are exempt from payment of
Texas 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 CP members in states other than Texas. Vendor represents and
warrants that it shall pay all taxes or similar amounts resulting from this Contract, including, without limitation,
any federal, state, or local income, sales or excise taxes of Vendor or its employees. HCDE/CP and CP
members shall not be liable for any taxes resulting from this Contract, except where otherwise required by law.
5.17. Other State Tax Requirements
5.17.1. Payment of Taxes by CP members Outside of Texas — CP members outside of Texas will pay only the
rate and/or amount of taxes identified in Vendor's proposal submitted in response to the RFP as
appropriate to the specific CP member.
5.17.2. State and Local Transaction Privilege Taxes — The CP member is subject to all applicable state and
local transaction privilege taxes. Transaction privilege taxes apply to the sales of products and are the
sole responsibility of Vendor, as the seller, to remit. Failure to remit taxes from HCDE/CP and/or the
CP member, as the buyer, does not relieve Vendor, as the seller, from its obligation to remit taxes.
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5.18. State of Texas Franchise Tax
By submitting a proposal in response to the RFP, Vendor certifies that Vendor is not currently delinquent in
Vendor's payment of any franchise taxes or other taxes owed to the State of Texas.
5.19. Tax Responsibilities of Vendor and Indemnification for Taxes
Vendor is responsible for complying with the tax laws of states and the federal government. Vendor and all
subcontractor(s) of Vendor shall pay all federal, state, and local taxes applicable to Vendor's operation, any
persons employed by Vendor, and all subcontractors of Vendor. Vendor shall require all subcontractors to hold
HCDE/CP and the CP 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.
5.20. IRS W-9
To receive payment under this Contract, Vendor shall have a current I.R.S. W-9 Form on file with the CP
member.
5.21. 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 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/CP and, if applicable, the CP member.
5.22. Notification of Material Change
Vendor is required to notify HCDE/CP when any material change in operations occurs, including changes in
distribution rights for awarded products, bankruptcy, material changes in financial condition, change of
ownership, and the like, within three (3) business days of such change.
5.23. Performance
Vendor agrees to use commercially reasonable best efforts to provide the product(s) and/or service(s) subject to
this Contract. Vendor shall furnish all supervision, labor, tools, equipment, permits, licenses, transportation,
insurance, material, and supplies necessary to complete any scope of work, Purchase Order under this Contract.
Vendor shall use skilled, trained personnel, who shall be supervised by Vendor.
5.24. Subcontractors
If Vendor uses subcontractors in the performance of any part of this Contract, Vendor shall be fully responsible
to HCDE/CP and CP members for all acts and omissions of the subcontractors. Nothing in this Contract shall
create for the benefit of any such subcontractor any contractual relationship between HCDE/CP and any such
subcontractor, nor shall it create any obligation on the part of HCDE/CP or CP members to pay or to see to the
payment of any monies due any such subcontractor except as may otherwise be required by law. Vendor
represents and warrants that it is willing, able, and capable of obtaining, supervising, and being responsible for
any subcontractors who perform and/or provide products and services related to this Contract.
5.25. Non -Appropriation
Renewal of this Contract, if any, will be in accordance with TEX. LOCAL GOV'T. CODE § 271.903
concerning non -appropriation of funds for multi -year contracts. Notwithstanding any other provision of this
Contract or obligation imposed on HCDE/CP or any CP member by this Contract, HCDE/CP and CP members
shall have the right to terminate this Contract, any Supplemental Contract, or Purchase Order without default or
liability to Vendor resulting from such termination, effective as of the expiration of each budget period of
HCDE/CP or any CP member if it is determined by HCDE/CP or any CP member, at their sole discretion, that
there are insufficient funds to extend this Contract, any Supplemental Contract, any Purchase Order. The
parties agree that this Contract, any Supplemental Contract, and/or any Purchase Order are commitments of the
current revenue of HCDE/CP and CP members only.
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5.26. Ordering Procedures
Purchase Orders are issued by HCDE/CP and/or CP members to the Vendor according to this Contract and any
Supplemental Contract between HCDE/CP and the CP member. CP members must send Purchase Orders to
HCDE/CP, unless otherwise stipulated by HCDE/CP. HCDE/CP may request confirmation of receipt of the
Purchase Order from Vendor.
HCDE/CP also may elect to require e-commerce functionality, in which Purchase Orders are sent directly to
Vendor and reported by the CP member to HCDE/CP on a specified basis. The e-commerce approach must be
approved by HCDE/CP prior to the start date of any Term of the Contract.
5.27. Invoices; Payments
5.27.1. Vendor shall submit invoices, in duplicate, directly to HCDE/CP or the CP member at the appropriate
location(s) specified by HCDE/CP or the CP member. Each invoice shall include HCDE's or the CP
member's Purchase Order number and HCDE/CP Contract Number. All invoices shall be itemized to
include the type of product(s) and/or service(s) rendered. Vendor shall submit invoices within a timely
manner during HCDE's or the CP member's fiscal year in which the product(s) and/or service(s) are
purchased. The shipment tracking number or pertinent information for verification of HCDE's or the
CP member's receipt shall be made available upon request by HCDE/CP or the CP member.
5.27.2. HCDE/CP or the CP member will make payments directly to Vendor. HCDE/CP or the CP member
placing the Purchase Order with Vendor shall alone be liable and/or responsible for payment for
product(s) and/or service(s) ordered and must be invoiced directly by Vendor. Neither HCDE/CP nor
any CP member shall be liable for the indebtedness of any one CP member.
5.27.3. TEX. GOV'T. CODE § 2251.021 shall govern when payments are due to the Vendor. Payments are
due to Vendor by HCDE/CP and any CP member whose governing body meets only once a month or
less frequently, within forty-five (45) days after the later of the following: (1) the date HCDE/CP or
the CP member receives the products and services under the Contract; (2) the date the performance of
the service under the Contract is completed; or (3) the date HCDE/CP or the CP member receives an
invoice for the products or service. For CP members whose governing bodies meet more than once a
month or more often, payments are due by those CP members within thirty (30) days after the later
of the following: (1) the date the CP member receives product(s) under the Contract; (2) the date the
performance of the service under the Contract is completed; or (3) the date the CP member receives an
invoice for product(s) or service(s). Vendor agrees to pay any subcontractors the appropriate share of
the payment received from HCDE/CP or the CP member not later than the tenth (IOth) day after the
date the Vendor receives the payment from HCDE/CP or the CP member.
The exceptions to payments made by HCDE, a CP member, and/or Vendor listed in TEX. GOV'T.
CODE § 2251.002 shall apply to this Contract.
5.28. Reporting
The Vendor shall provide HCDE/CP with a detailed monthly report showing the total dollar volume of all sales
under this Contract for the previous month in Microsoft Excel format, in the format and with the information
specified by HCDE/CP. Reports are due on the fifteenth (15) day of the month, after the close of the previous
month and shall provide information regarding Purchase Orders during the previous month. Vendor is
responsible for collecting and compiling all sales under this Contract from all CP members and submitting one
(1) consolidated monthly report. The monthly report shall include, at a minimum, the date of each Purchase
Order, Purchase Order number, CP member name, city/town, and Purchase Order total dollar amount. Reports
shall be submitted in an electronic format to HCDE/CP at 6005 Westview, Houston, Texas 77055, or
electronically mailed to suppllyreportinggchoicepartners.org .
5.29. Pricing Changes
All prices and discount percentages in Vendor's proposal 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
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of any product purchased through this Contract following a reduction in the price the Vendor is paying
suppliers. All pricing submitted to HCDE/CP in Vendor's proposal shall include the administrative fee to be
remitted to HCDE/CP by Vendor. It is Vendor's responsibility to keep all pricing up-to-date and on file with
HCDE/CP. All price changes shall be presented to HCDE/CP for acceptance or rejection by HCDE/CP, in its
sole discretion, using the same format as was accepted in Vendor's original proposal; all price changes for
products and/or services provided under this Contract must be approved, in writing, by HCDE/CP prior to
taking effect.
The following documentation shall be provided to support a request for a price change:
• justification for change/increase
• terms and conditions
• market conditions
• manufacturers'/distributors' impact, if any
All price decreases shall be allowed for all products and/or services.
5.30. HCDE/CP Administrative Fee
HCDE/CP will invoice Vendor for the HCDE/CP Administrative Fee of 2%. The invoice will be based on total
sales made through this Contract. Vendor shall remit payment of the HCDE/CP Fee to HCDE/CP no later than
thirty (30) days following the end of the month. Failure to pay the HCDE/CP Administrative Fee in a timely
manner may result in Vendor breaching this Contract and may result in HCDE/CP suspending or terminating
this Contract. Vendor shall honor and pay HCDE/CP the HCDE/CP Administrative Fee for any sales resulting
from this Contract that occurred within thirty (30) days of the expiration or termination of this Contract. All
rebates, discounts, and other applicable credits granted by Vendor as a result of any Supplemental Contracts
entered into between Vendor and CP members shall accrue exclusively to CP member(s).
Administrative Fee Incentive Clause
Aggregate Year = September 1 — August 31
• Gross sales above $5M invoiced by Choice Partners = 1.5% for remainder of aggregate year
• Subsequent aggregate year = 1.75% and Vendor must maintain production of $5M to keep 1.75%
fee for the next aggregate year.
Task Orders/Job Orders
• $2M or above - 1.5% only in the aggregate year they are invoiced
• $1M or above - 1.75% only in the aggregate year they are invoiced
NOTE: FAILURE TO REPORT WILL VOID THIS ADMINISTRATIVE FEEINCENTIVE
5.31. Records Retention
Vendor shall maintain its records and accounts in a manner that shall assure a full accounting for all product(s)
and/or service(s) provided by the Vendor to HCDE/CP and/or CP members under this Contract. These records
and accounts shall be retained by Vendor and made available for review and copying by HCDE/CP and CP
members for a period of not less than three (3) years from the date of completion of the service(s), receipt of
product(s), the date of the receipt by HCDE/CP or the CP member of Vendor's final invoice or claim for
payment in connection with this Contract, or the date HCDE/CP or the CP member makes final payments and
closes pending matters in connection with a federal grant, whichever is later. If an audit or a compliance review
has been announced, the Vendor shall retain its records and accounts until such audit or compliance review has
been completed.
5.32. Right to Review, Audit and Inspect
HCDE/CP, CP members, any federal agency that has awarded federal funds/grant(s) to HCDE/CP or a CP
member, and the Comptroller General of the United States, and/or any of their authorized representatives, shall,
upon written notice, have the right to audit and examine all of Vendor's records and accounts relating to this
Contract and inspect any project performed by the Vendor relating to this Contract. Records subject to
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audit/review shall include, but are not limited to, all Purchase Orders resulting from this Contract and records
which may have a bearing on matters in connection with the Vendor's work for HCDE/CP and/or CP members,
and shall be open to inspection and subject to audit/review and/or reproduction by HCDE/CP, CP member,
and/or their authorized representative(s) to the extent necessary to adequately permit evaluation and
verification of
5.32.1. Vendor's compliance with this Contract and the requirements of the RFP.
5.32.2. Compliance with procurement laws, policies, and procedures, including, without limitation,
reviewing/comparing pricing on invoices and the appropriate RS Means unit price book for JOC work
performed for HCDE/CP and/or CP members.
5.32.3. Compliance with provisions for computing billings to HCDE/CP and/or to CP members.
5.32.4. Any other matter related to this Contract.
5.33. Indemnification
VENDOR SHALL INDEMNIFY AND HOLD HARMLESS HCDE/CP AND EACH CP MEMBER,
INCLUDING HCDE'S AND CP MEMBERS' TRUSTEES, OFFICERS, ADMINISTRATORS,
EMPLOYEES AND AGENTS, FROM ALL CLAIMS, LIABILITIES, COSTS, SUITS OF LAW OR IN
EQUITY, EXPENSES, ATTORNEYS' FEES, FINES, PENALTIES OR DAMAGES ARISING FROM ACTS
OR OMISSIONS OF VENDOR, VENDOR'S EMPLOYEES, AGENTS, OR SUBCONTRACTORS, IN
CONNECTION WITH THIS CONTRACT, INCLUDING WITHOUT LIMITATION, THOSE ARISING
FROM CLAIMED INFRINGEMENT OF ANY PATENTS, TRADEMARKS, COPYRIGHT OR OTHER
CORRESPONDING RIGHT(S) WHICH IS RELATED TO ANY ITEM VENDOR IS REQUIRED TO
DELIVER. VENDOR'S OBLIGATIONS UNDER THIS CLAUSE SHALL SURVIVE ACCEPTANCE AND
PAYMENT BY HCDE/CP OR THE CP MEMBER.
5.34. 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 involving HCDE/CP must be brought exclusively in the state and federal courts
located in Houston, Harris County, Texas, and the parties hereby submit to the exclusive jurisdiction of said
courts. Any dispute not involving HCDE/CP but involving a CP member and Vendor shall be governed by the
laws of the state of the CP member, without regard to its provisions on conflicts of laws, and exclusive
jurisdiction and venue shall lie in the city, county, and state of the CP member.
5.35 Multiple Contract Awards; Non -Exclusivity
HCDE/CP reserves the right to award multiple contracts under the RFP, including multiple contracts for each
product/service category. Product/Service categories are established at the sole discretion of HCDE/CP.
Nothing in this Contract may be construed to imply that Vendor has the exclusive right to provide products
and/or services to HCDE/CP and/or CP members. During the Term of this Contract, HCDE/CP and CP
members reserve 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.
5.36 New Products
New products that meet the specifications detailed in the RFP may be added to this Contract, with prior written
approval from HCDE/CP. Pricing of any new products shall be equivalent to the percentage discount or
proposed prices for other similar products. Vendor may replace or add products to the contract if. the replacing
products are equal to or superior to the original products offered or 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/CP may reject any proposed additions, without cause, in its sole
discretion.
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5.37 No Substitution
Any Purchase Order issued pursuant to this Contract shall conform to the specifications and descriptions
identified in this Contract and the RFP. Vendor shall not deliver substitutes without prior written authorization
from HCDE/CP or the CP member.
5.38 Penalties
If the Vendor is unable to provide the product(s) or services at the prices quoted in Vendor's proposal or if
Vendor fails to fulfill or abide by the terms and conditions of the Contract, the RFP, or a Supplemental
Contract, HCDE/CP or the CP member may take the following action(s), in the sole discretion of HCDE/CP or
the CP member, and Vendor agrees to comply with the chosen action(s):
5.38.1 Insist that the Vendor honor the quoted price(s) specified in Vendor's proposal or the Supplemental
Contract, as applicable;
5.38.2 Have the Vendor pay the difference between the Vendor's price and the price of the next acceptable
proposal, as determined by HCDE/CP or the CP member;
5.38.3 Have the Vendor pay the difference between Vendor's price and the actual purchase price of the
product or service on the open market; and/or
5.38.4 Recommend to HCDE Board of Trustees that the Vendor no longer be given the opportunity to submit
a proposal to HCDE/CP and/or that this Contract be terminated.
5.39. Promotion of Contract Marketing Plan
The marketing of Vendor's company, product, and/or services shall be the sole responsibility of Vendor.
HCDE/CP may only supply Vendor with CP members' contact lists that contain name, address, phone
numbers, and/or email addresses. Other items geared toward the joint -marketing of HCDE/CP and Vendor's
company, product, and/or services shall be at HCDE/CP's sole discretion. Encouraging CP 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
CP seal in its marketing collateral materials, such as Vendor's website and related marketing materials. Vendor
shall submit all promotional materials to HCDE/CP and obtain written approval before Vendor finalizes or
publishes promotional material bearing the HCDE/CP or HCDE/CP name or seal. Vendor may not release any
press release or other publication regarding this Contract or HCDE/CP unless and until HCDE/CP first
approves the press release or publication in writing.
5.40. Website Support
Vendor agrees to cooperate with HCDE/CP in publicizing contract particulars on the CP website. Vendor also
agrees to work with HCDE/CP in updating and maintaining current information on Vendor activities related to
the Contract on the CP website. Vendor agrees to provide an electronic version of its logo for use on the CP
website upon request and provide other information as reasonably requested by HCDE/CP to help ensure that
the CP website is current and consistently updated.
5.41. Safety
Vendor, 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 under
this Contract, including, without limitation, those promulgated by HCDE/CP, CP members, and by the
Occupational Safety and Health Administration ("OSHA"). In case of conflict, the most stringent safety
requirements shall govern. Vendor shall comply with all other safety guidelines and standards as required by
HCDE/CP or CP members. Vendor shall indemnify and hold HCDE/CP and/or the CP member harmless from
and against all claims, demands, suits, actions, judgments, fines, penalties, and liability of every kind arising
from the breach of Vendor's obligations under this provision.
5.42. Workforce
Vendor shall employ only orderly and competent workers, skilled in the performance of the services, if any,
which shall be performed under this Contract. Vendor, its employees, subcontractors, and subcontractor's
employees may not use or possess any firearms, alcoholic or other intoxicating beverages, illegal drugs or
controlled substances while on the job or on HCDE/CP and CP members' property, nor may such workers be
intoxicated or under the influence of alcohol or drugs on HCDE/CP and CP members' property.
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5.43. Supplemental Contracts
A CP member and Vendor may enter into a separate, Supplemental Contract. Any Supplemental Contract
developed as a result of this Contract and/or the RFP is exclusively between the CP member and Vendor and
shall have no effect or impact on HCDE, any other CP member, or this Contract. Any Supplemental Contract
between Vendor and a CP member is exclusively between that specific CP member and Vendor and will be
subject to immediate cancellation by the CP member (without penalty to the CP member) if, in the opinion of
the CP member, the quality, service, and specification requirements, and/or the terms and conditions are not
maintained as stated in the Supplemental Contract. Vendor shall promptly notify HCDE/CP of any
Supplemental Contract executed between Vendor and a CP member. Supplemental Contracts are entered into
pursuant to the piggyback method delineated in the U.S. Department of Agriculture directive SP 35-2012.
5.44. Insurance
Vendor is required to provide HCDE/CP and/or the CP member with copies of certificates of insurance,
naming HCDE/CP and/or the CP member as additional insured's for Texas Workers Compensation and
General Liability Insurance, within 14 business days of contract award and prior to the commencement of
any work under this Contract. 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 HCDE/CP and/or the CP member
prior to commencement of any work under this Contract. The insurance company insuring Vendor shall be
licensed in the State of Texas or the state in which the CP member is located, and shall be acceptable to
HCDE/CP and/or the CP member. Vendor shall give HCDE/CP or the CP member a minimum of ten (10)
days' notice prior to any modifications or cancellation of said policies of insurance. Vendor shall require all
subcontractors performing any work under or relating to this Contract to maintain coverage as specified below.
Vendor shall, at all times during the Term of this Contract, maintain insurance coverage with not less than the type
and requirements shown below. If the CP member has higher insurance requirements than those listed below,
such may be added to the Purchase Order. Such insurance is to be provided at the sole cost of the Vendor. These
requirements do not establish limits of Vendor's liability.
All policies of insurance shall waive all rights of subrogation against HCDE, CP members, and HCDE/CP and CP
members' officers, employees and agents.
Upon request, certified copies of original insurance policies shall be furnished to HCDE/CP and/or to CP members.
HCDE/CP and the CP member, as requested, shall be named as an "additional insured" on insurance policies.
HCDE/CP and the CP member reserve the right to require additional insurance should HCDE/CP or the CP
member deem additional insurance necessary, in their sole discretion.
• Workers Compensation (with waiver of subrogation to HCDE/CP and the CP member) Employer's Liability,
including all states, U.S. Longshoremen, Harbor Workers and other endorsements.
• Statutory, and Bodily Injury by Accident: $100,000 each employee. Bodily Injury by Disease: $500,000,
policy limit $100,000 each employee.
• Commercial General Liability Occurrence Form including, but not limited to, Premises and Operations,
Products Liability Broad Form Property Damage, Contractual Liability, Personal and Advertising Injury
Liability and where the exposure exists, coverage for watercraft, blasting collapse, and explosions, blowout,
cratering and underground damage. $300,000 each occurrence Limit Bodily Injury and Property Damage
combined. $300,000 Products -Completed Operations Aggregate Limit $500,000 per Job Aggregate. $300,000
Personal and Advertising Injury Limit.
• Automobile Liability Coverage: $300,000 Combined Liability Limits Bodily Injury and Property Damage
Combined.
General eBid RFP (revised 2.6.15) Page 22 of 30
RFP #15/049JN
5.45. Participation in HCDE/CP
Vendor acknowledges and agrees that continued participation in the HCDE/CP cooperative purchasing
program is subject to HCDE/CP's sole discretion and that Vendor may be removed from the HCDE/CP
program at any time, with or without cause, in HCDE/CP's sole discretion. All work resulting from this
Contract must cease immediately after completion of the final accepted Purchase Order. Nothing in this
Contract or in any other communication between HCDE/CP and Vendor may be construed as a guarantee that
HCDE/CP or CP members will submit any Purchase Order to Vendor at any time.
5.46. No Agency or Endorsements
It is the intention of the parties to this Contract that Vendor is independent of HCDE/CP and CP members, is
an independent contractor, and is not an employee, agent, joint venturer, or partner of HCDE/CP or any CP
member. Nothing in this Contract shall be interpreted or construed as creating or establishing the relationship
of employer and employee, agent, joint venturer or partner, between HCDE/CP and Vendor, any CP member
and Vendor, HCDE/CP and any of Vendor's agents, or any CP member and any of Vendor's agents. Vendor
has no power or authority to assume or create any obligation or responsibility on behalf of HCDE/CP or any
CP member, and HCDE/CP and HCE members have no power or authority to 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.
Vendor agrees that HCDE/CP and CP members have no responsibility for any conduct of any of Vendor's
employees, agents, representatives, contractors, or subcontractors.
5.47. Equal Opportunity
It is the policy of HCDE/CP 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 shall contain a provision
requiring non-discrimination in employment herein specified, binding upon each subcontractor. Breach of this
covenant may be regarded as a material breach of the Contract.
5.48. Force Majeure
Neither HCDE, any CP 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 CP member, or
Vendor's control.
HCDE, CP members, and Vendor are required to use due caution and preventive measures to protect against
the effects of force majeure, and the burden of proving that a force majeure event has occurred shall rest on the
party seeking relief under this provision. The party seeking relief due to force majeure is required to promptly
notify the other parties in writing, citing the details of the force majeure event and relief sought, and shall
resume performance immediately after the obstacles to performance caused by a force majeure event have been
removed, provided the Contract has not been terminated. Delay or failure of performance, by either party to
this Contract, caused solely by a force majeure event, shall be excused for the period of delay caused solely by
the force majeure event. HCDE, CP members, and Vendor shall not have any claim for damages against any
other party resulting from delays caused solely by force majeure. Notwithstanding any other provision of this
Contract, in the event the Vendor's performance of its obligations under this Contract is delayed or stopped by
a force majeure event, HCDE/CP shall have the option to terminate this Contract. This section shall not be
interpreted as to limit or otherwise modify any of HCDE's or CP members' contractual, legal, or equitable
rights.
General eBid RFP (revised 2.6.15) Page 23 of 30
RFP #15/049JN
5.49. Severability
In the event any one or more of the provisions contained in this Contract shall for any reason be held to be
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.
5.50. 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. No waiver, alteration, or modification of any of the provisions of this
Contract shall be binding unless in writing and signed by duly authorized representatives of the parties hereto.
5.51. Entire Agreement
The Contract, the RFP, Vendor's proposal submitted in response to the RFP, the attached and incorporated
attachments, addendum, and/or exhibits, if any, and the Supplemental Contract, if any, contain the entire
agreement of the parties relative to the purpose(s) of the Contract and supersede any other representations,
agreements, arrangements, negotiations, or understandings, oral or written, between the parties to this Contract.
In the event of a conflict between this Contract and the RFP or Vendor's proposal submitted in response to the
RFP, this Contract shall control. In the event of a conflict between the RFP and Vendor's proposal submitted
in response to the RFP, the RFP shall control. This Contract supersedes any conflicting terms and conditions on
any Purchase Order, 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.
In addition to this Contract, a Supplemental Contract between Vendor and the CP member may be established
to further detail the terms and conditions of the CP member's specific project. In the event of a conflict
between this Contract and the Supplemental Contract, as to HCDE, this Contract shall prevail. In the event of a
conflict between this Contract and the Supplemental Contract, as to the CP member, the Supplemental Contract
shall prevail unless the Supplemental Contract states otherwise.
5.52. Interpretation
Vendor agrees that the normal rules of construction that requires that any ambiguities in this Contract are to be
construed against the drafter shall not be employed in the interpretation of this Contract.
5.53. Notice
Any notice provided under the terms of this Contract by the parties to any other shall be in writing and shall be
given by hand -delivery or by certified or registered mail, return receipt requested. Notice shall be sufficient if
made or addressed to the party at the address listed in the signature line of this Contract. Notice shall be
deemed effective upon receipt. 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.
5.54. Captions
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.
General eBid RFP (revised 2.6.15) Page 24 of 30
RFP #15/049JN
6.0 SCOPE OF PROPOSAL
6.1. It is the intention of HCDE/CP to establish one or more contracts to furnish and/or deliver Trenchless
Technology Rehabilitation and Related Items and Services.
Vendors are requested to submit a proposal offering their total line of available products and services that are
commonly purchased by governmental entities and school districts. Vendors are encouraged to offer any
applicable terms and conditions should be included for any additional product or service. HCDE/CP reserves
the right to accept or reject any items included by Vendor in this section.
Awards will be made to the successful Vendor(s) for the total line of products and services submitted.
Proposals can be made for any or all services and products described herein. The terms and conditions listed
below apply to all categories and lots within the Trenchless Technology Rehabilitation and Related Items
and Services grouping. Each category and lot contains additional terms, conditions, and specifications. If there
is a conflict between category or lot terms and conditions and those listed below, the category or lot terms and
conditions shall take precedence.
a) Vendor is required to ensure that the Purchase Order includes the following, as applicable:
• The lump sum price, start date, schedule, and notice to proceed. The schedule will include the
mobilization, materials purchase, installation and delivery, design, weather, and site cleanup and
inspection. No additional claims may be made for delays as a result of these items.
• The date for commencing services and/or delivery of products ("work"). Upon commencing work, the
Vendor will proceed diligently toward contract completion. Any delay in the work beyond the
Vendor's control must be reported to the CP member's authorized representative immediately.
• Compensation for received products, terms of progress payments, and a schedule of payments. The CP
member retains the right to extend the schedule of work/delivery time or to suspend the work and to
direct the Vendor to resume work when appropriate. The Purchase Order must describe an equitable
adjustment for added costs caused by any suspension. Any increases will be invoiced through
HCDE/CP as allowed in the Contract or RFP.
• A schedule for performance of work that can be met without planned overtime, which shall be
Vendor's responsibility.
• Monthly progress reports must be given to the CP member by the Vendor. The specifics of what is
reported should be described in the Purchase Order.
• Terms for acceptance by the CP member and title to work must be clearly agreed upon and described.
If any part of the work requires the CP member to assume control prior to the completion, this must be
defined. Vendor and the CP member must agree on the definition of what constitutes final acceptance
before payment of any retained compensation.
b) After the Purchase Order is signed, a copy of the Purchase Order shall be sent to HCDE/CP's business
manager.
c) Each individual Purchase Order may be limited to work at a single facility and will describe the Scope of
Work to be performed. Descriptions may be written, by sketch, and/or by drawing and should include the
location where work is to be performed, whether work may be performed during Regular Hours, the
project completion time, and the price to be paid for the work.
d) The Vendor shall perform the scope of work within the project completion time and for the fixed price of
the Purchase Order.
General eBid RFP (revised 2.6.15) Page 25 of 30
RFP #15/049JN
e) No work shall be performed until a written Purchase Order has been signed by the Vendor and the CP
member. Any work performed under a Purchase Order before the Vendor's receipt of the written Purchase
Order is at the Vendor's risk.
i) The Vendor is required to perform all work under a Purchase Order which has been issued and received
before the expiration date of this Contract. If the Purchase Order is not received by the Vendor before the
expiration date of this Contract, the Purchase Order will be considered cancelled. Purchase Orders sent in
the last 30 days of a Term should be sent "Return Receipt Requested". Any Purchase Order issued during
the Term of the Contract and not completed before the expiration date of the Contract must be completed
within the completion/delivery time stated in the Purchase Order, and the rights and obligations of the
Vendor and the CP member with respect to the Purchase Order will be the same as if the Purchase Order
were completed during the Term of the Contract.
g) The Vendor may not refuse to perform any project requested by a CP member unless such project is
unlawful.
h) The CP member also reserves the right not to issue a Purchase Order if in its best interest. The Vendor
shall not recover any costs arising out of or related to the development of the Purchase Order.
General eBid RFP (revised 2.6.15) Page 26 of 30
RFP #15/049JN
7.0 SPECIFICATIONS
7.1 It is the intention of HCDE/CP to establish one or more contract(s) with highly qualified Vendor(s) for
Trenchless Technology Rehabilitation and Related Items and Services. Vendor(s) shall, at the request of
HCDE/CP or any CP member, provide these products and/or covered services under the terms of this RFP and
the Contract set forth in Section 5.0 Contract Terms and Conditions. Vendor shall assist the CP member with
making a determination of its individual needs, as stated below.
Trenchless Technology Rehabilitation and Related Items and Services
A. Cured -in -place pipe (CIPP) reconstruction of gravity pipelines
B. Clean/TV & Evaluation for gravity pipelines
C. Bypass of existing flow for pipelines and associated items
D. Cured -in -place pipe (CIPP) reconstruction of pressurized pipelines
E. Pipe Bursting with HDPE for gravity pipelines
F. Manhole Rehabilitation
G. Gravity pipeline CIPP Lateral Renewal Systems
H. Time and Material Unit Rates for Change Orders
L Other related items to Trenchless Technology Rehabilitation
7.2 Value Add
Choice Partners is soliciting value added items related to Trenchless Technology Rehabilitation and Related
Items and Services. Client members may determine their own specifications prior to issuing a purchase order
for a specific service or product, however, each vendor shall include with their proposal responses to this RFP,
detailed specifications for each item and service listed above on which they provide pricing. Failure to include
applicable specifications may result in disqualification of the Vendor's response to this RFP.
Additionally, with their response to this RFP, Vendor shall include a copy of the NSF International
certification to NSF/ANSI 61 document for the product proposed above for "A. Cured -In -Place pipe
(CIPP) Renewal of potable Water Mains." Only products with certification by NSF to NSF/ANSI 61 and
listed as certified on the NSF website, www.nsf.om shall be allowed.
General eBid RFP (revised 2.6.15) Page 27 of 30
RFP #15/049JN
8.0 PRICING / DELIVERY INFORMATION
8.1 Pricing
Vendors must provide pricing in the HCDE/CP eBid System (www.choicepartners.ora) including any
additional pricing examples and pricing discount schedules that need to be submitted to provide HCDE/CP
with a comprehensive catalog. CP members may request the Vendor to provide discounts or other adjustments,
on a per -Purchase Order basis. If discounts or quantity prices are offered by the Vendor, the Vendor must also
offer the same reductions in pricing for orders of similar size to HCDE/CP and other CP members.
Catalog/price lists must be included in the Vendor's proposal.
8.2 Discounts provided on price lists and catalogs — Detail the average discount provided by the Vendor on
stated prices.
8.2.1 Provide discount schedules for all products Vendor intends to offer, shown either by category or code.
Use separate discount for any net items with description of these net items.
8.2.2 Provide labor notes for each category shown that Vendor is proposing. These notes must include
Vendor's overhead, profit, and HCDE/CP fees. Provide Vendor's miscellaneous material markups. If
Vendor does not provide this labor classification, mark "NA" (Not Available).
8.2.3 Provide a description on how Vendor intends to guarantee the performance of Vendor's labor, and
what benchmark will be used to determine the labor hours for each project.
8.2.4 Indicate any list price adjustment Vendor intends on providing during the contract period and on what
it is based. For example: CPI.
8.3 Freight, Delivery, Inspection & Acceptance
All deliveries shall be Freight Prepaid, F.O.B. Destination, Full Freight Allowed, and Inside Delivery.
Deliveries shall be made during HCDE/CP or the CP member's Regular Hours.
After a contract has been awarded, Vendor(s) shall deliver the products or services procured on this Contract to
HCDE/CP or the CP member issuing a Purchase Order. The conforming product(s) shall be delivered within
ten (10) business days of Vendor's receipt of a Purchase Order. If delivery is not or cannot be made within
this time period, Vendor must receive authorization from HCDE/CP or the CP member for the delayed
delivery.
If defective or incorrect products are delivered, the CP member may make the determination, at its sole
discretion, to return the products to Vendor at no cost to the HCDE/CP or the CP member. Vendor agrees to
pay all shipping and handling costs for any such return shipment. Vendor also shall be responsible for
arranging the return of the defective or incorrect products.
HCDE/CP or the CP member issuing the Purchase Order may request emergency delivery. Vendor must use
its best efforts to comply with rush or emergency requested. However, if Vendor is unable to fulfill the
emergency delivery request, HCDE/CP or the CP member may procure its needs from alternative sources
without penalty.
8.3.1 Describe Vendor's service procedure and state the proposed time frame from customer request to
product or service delivery and completed.
8.3.2 Describe how Vendor deals with shipping delays. How does Vendor notify its customers of delays?
8.3.3 Provide Vendor's shipping schedule reporting form. Detail how often Vendor updates the form.
8.3.4 Detail Vendor's average percentage of on -time delivery.
General eBid RFP (revised 2.6.15) Page 28 of 30
RFP #15/049JN
9.0 VENDOR QUESTIONNAIRE
9.1 Please complete the Vendor Questionnaire attached to the proposal in the HCDE/CP eBid System
http://www.choicepartners.org/html/bidder info.php
General eBid RFP (revised 2.6.15) Page 29 of 30
RFP #15/049JN
10.0 ATTACHMENTS
10.1 Please complete the Attachment Packet attached to the proposal in the HCDE/CP eBid System
http://www.choicepartners.orfz/html/bidder info.php
General eBid RFP (revised 2.6.15) Page 30 of 30
RFP q 15/049JN - Trenchless Technology Rehabilitation and Related Items and Services
SAK Construction, LLC
13. Products & Services Summary Matrix
Quantl
LOOM
unit Price
Flat rate cost for Crew Travel & Mobilization
1
EA
$15,000.00
*Note this is a not to exceed price.
* The above Crew Travel & Mobilization Price Is applicable to any work in each
of the following sections.
A) Cured -in -place pipe (CIPP) reconstruction of gravity sewers
Quantity
1 OM
Unit Price
1
6" x 4.Smm
L
LF
$40.50
2
8" x 4,5mm
1
LF
$31.00
3
10' x 6.Omm
1
LF
$41.50
4
12" x 6.Omm
1
LF
$57.50
5
15" x 7.Smm
1
LF
$66.00
6
18"x9.0mm
1
LF
$81.50
7
21" x 9.Omm
1
LF
$109.50
8
24" x 10.5mm
1
LF
$131.50
9
27"x 10.5mm
1
LF
$255.00
10
30"x12.0mm
1
LF
$182.50
11
33" x 12.0mm
1
LF
$204.00
12
36" x 12.Omm
i
LF
$244.00
13
42" x 13.5mm
1
LF
$285.00
14
48" x 15.Omm
1
LF
$408.00
15
54" x 18.Omm
i
LF
$538.00
16
6" & 8" Additional 1.5mm
1
LF
$1.00
17
10" & 12" Additional 1.5mm
1
LF
$2.00
18
15" & 18" Additional 1.5mm
1
LF
$10.00
19
21" & 24" Additional 1.5mm
1
LF
$15.00
20
27" Additional 1.5mm
1
LF
$25.00
21
30" Additional 1.5mm
1
LF
$25.00
22
33" Additional 1.5mm
1
LF
$30.00
23
36" Additional 1.5mm
1
LF
$30.00
24
42" Additional 1.5mm
1
LF
$40.00
25
48" Additional 1.5mm
1
LF
$50.00
26
54" Additional 1.5mm
1
LF
$60.00
27
6" -10" Backyard Easement Setup Per install Length
1
LF
$4•00
28
12" -18" Backyard Easement Setup Per Install Length
1
LF
$10.DO
29
Timber Matting for Large Diameter Setup
1
SY
$20.00
30
internal Reconnection of service connection by robotic cutter
1
EA
$150.00
30A
Sealing of service connection w/chemical grouting after Internal.
1
EA
$500.00
rec4nnectlon, minimum quantity of 15 to be completed per mobilization.
Note: Any CIPP greater than W' diameter will be negotiated on an individual quote basis.
B) Ciean/TV & Evaluation for Gravity Sewers
31
6" -12" dean & TV sewer
1
LF
$5.50
32
IS"-21"Clean&TV sewer
1
LF
0
$19.50
33
24" 33" Clean & TV sewer
i
LF
$.
34
36" & 42" Clean & TV sewer
1
LF
$3300.00
35
48" & 54" Clean & TV sewer
1
LF
$50.00
36
6" -15" Post TV Inspection after Rehabilitation
1
LF
$2.50
37
18" - 27" Post TV Inspection after Rehabilitation
1
LF
$4.00
38
30" or Larger Post TV inspection after Rehabilitation
1
LF
$5.50
39
Re -setup for clean & TV Inspection Due to Point Repairs
1
EA
$150.00
40
Root Removal
1
LF
$3.00
41
Grease Removal
1
LF
$3.00
42
Other Remote Obstruction Removal (max.1O LF)
1
EA
43
Above Ground Physical Inspection
1
LF
C) Bypass for gravity sewers and associated items
44
Set Up 4" Pump (Per Pump)
1
EA
45
Set Up 6" Pump (Per Pump)
i
EA
46
Set Up 8" Pump (Per Pump)
1
EA
47
Set Up 12" Pump (Per Pump)
1
EA
48
Set Up 4" Piping
1
LF
49
Set Up 6" Piping
1
LF
50
Set Up 8" Piping
1
LF
51
Set up 12" Piping
1
LF
52
Set up 18" Piping
1
LF
53
Operate 4" Pumping System
1
DAY
54
Operate 6" Pumping System
1
DAY
55
Operate 8" Pumping System
1
DAY
56
Operate 12" Pumping System
1
DAY
57
Bypass - Driveway Ramp (Setup, Operate, Maintain)
1
EA
58
Bypass - Street Ramp (Setup, Operate, Maintain)
1
EA
59
Bypass -Street Trenching for 8" Pipe (Setup, Operate, Maintain)
1
LF
60
Bypass - Street Trenching for 12" Pipe (Setup, Operate, Maintain)
1
LF
61
Bypass -Street Trenching for 18" Pipe (Setup, Operate, Maintain)
1
LF
62
Bypass Plan (3rd Party Certified)
1
EA
Note:
Any Bypass greater than 5000 gpm will be on an individual quote basis.
D) Cured -in -place pipe (CIPP) reconstruction of pressurized pipelines
Note:
Pressurized potable water mains will be renewed under this section utilizing Sekisui SPR's
"NordlPipe."
A copy of the NSF International certification to NSF/ANSI 61 is Included with our response to the RFP.
63
6" diameter liner
i
LF
64
8" diameter liner
1
LF
65
10" diameter liner
1
LF
66
12" diameter liner
i
LF
67
Re -opening of service connections internally (up to 2" diameter services)
i
EA
Setup fee per liner installation
1
EA
Note:
Any CIPP of pressurized pipelines greater than 12" diameter will be negotiated on an
Individual quote basis.
Bypass for water main CIPP lining
68
2-inch temporary
1
LF
69
4-inch temporary
1
LF
70
6-Inch temporary
1
LF
Temporary service connections for water main bypass
71
2-inch short side
1
EA
72
24nch long side
1
EA
73
4-inch short side
1
EA
74
4-inch long side
1
EA
75
6-inch short side
1
EA
76
6-inch long side
1
EA
$1,350.00
$4.00
$450.00
$1,050.00
$1,500.00
$2,650.00
$37.50
$46.50
$80.00
$110.00
$135.00
$94.00
$710.00
$1,135.00
$1,825.00
$460.00
$460.00
$175.00
$175.00
$250,00
$2,150.00
$135.00
$135.00
$150.00
$165.00
$350.00
$2,000.00
$23.00
$26.00
$31.00
$275.00
$375.00
$300.00
$400.00
$325.00
$425.00
Pressure Testing (2 hour test)
77 6-12 Inch
1 LF $2.00
Largerthan 12-inch price based on Section H time and material cost plus basis
78 Setup fee per Pressure Tested pipe segment 1 EA Setup $1,000,00
79 Charge Water 1 K-Gals $1.00
Chlorination
80 6-inch 1 LF $1.50
81
8-inch
1
LF
$2.00
82
10-inch
1
LF
$2.50
83
12-inch
1
LF
$3.00
84
Setup fee per Chlorination pipe segment
1
EA Setup
$1,000.00
85
BTTest
1
EA
$250.00
E) Pipe Bursting with HDPE for Gravity Pipelines
HDPE DR 17
86
6-inch diameter
1
LF
$35.00
87
8-Inch diameter
1
LF
$40.00
88
10-Inch diameter
1
LF
W-00
89
12-Inch diameter
1
LF
$50.00
90
14-Inch diameter
1
LF
$72.00
91
16-inch diameter
1
LF
$92.00
92 -
18-Inch diameter
1
LF
$114.00
93
20-inch diameter
1
LF
$137.00
94
Setup fee per pull segment
1
EA
$2,000.00
Pipe fusing -applicable to all Polyethylene processes listed on this contract
(typically 50 foot joints)
95
4thru12Inch
1
Per Pipe Joint
$400.00
96
13 thru 18 inch
1
Per Pipe Joint
$575.00
97
20Inch
1
Per Pipe Joint
$950.00
98
Setup fee per pull segment
1
EA
$2,500.00
Manhole Connections
99
6-inch
1
EA
$150.00
100
8-inch
1
EA
$200.00
101
10-Inch
1
EA
$250.00
102
12-Inch
1
EA
$300.00
103
14-Inch
1
EA
$350.00
104
16-inch
1
EA
$400.00
105
18-inch
1
EA
$4S0.00
106
20-Inch
1
EA
$500.00
Service Connection Pit (add Fittings, etc. cost from below)
107
6 -12 inch pipe connection
a) 0-4 feet deep
1
EA
$2,800.00
b) 4-6 feet deep
1
EA
$4,000.00
c) 6-10 feet deep
1
EA
$4,800.00
Clean -out Installation
108
4-inch
1
EA
$1,500.00
209
6-Inch
1
EA
$1,750.00
'for excavation reference Ilne Items 103 (a,b,c)
*Pipe fusing not included reference Pipe Fusing (95 - 98) above
Fittings (applies to all Polyethylene processes)
110
Bends and sleeves
a) 6-inch,
1
EA
$150.00
b) 8-inch
1
EA
$200.00
c)10-inch
1
EA
$250.00
d)12-Inch
1
EA
$300.00
'for excavation reference line items 103 (a,bc)
111
Tees (applies to all Polyethylene processes)
a) 6x6x4
1
EA
$225.00
b) 6x6x6
1
£A
$250.00
c) WA
1
EA
$250.00
d) 8x8x6
1
EA
$275.00
e) 8x8x8
1
EA
$300.00
f)10x10x4
1
EA
$300.00
8)10x10x6
1
EA
$300.00
h)10x10x8
1
EA
$350.00
1) 30x10x10
1
EA
$350.00
J)12x12x6
1
EA
$350.00
k)12x12x8
1
EA
.$350.00
1)12x12x10
1
EA
$400.00
m) 12x12x12
1
EA
$400.00
•for excavation reference line items 103 (a,b,c)
112
Gate Valves
1
EA
$400.00
a) 44nch
b) 6-inch
1
EA
$900.00
c) 8-Inch
1
EA
$1,500.00
d)10-inch
1
EA
$1,750.00
a)12-Inch
1
EA
$2,500.00
Note: For any
Gate Valves 14-inch and larger, pricing will be based on Section H time and material cost plus basis.
ffor excavation reference line Items 103 (a,b,c)
113
Fire Hydrants
i
EA
$3,250.00
"for excavation reference line item 103 (a,b,c)
F) Manhole Rehabilitation
1
EA
$650.00
114
AII'sizes installation of manhole chimney seals
115
All sizes installation of stainless steel manhole inserts
1
EA
$225.00
116
Grouting of heavy infiltration to facilitate manhole rehab for items 284 & 285
1
EA MH
$1,500.00
117
Manhole rehabilitation - cementitious
1
SQFT
$18.00
119
Manhole rehabilitation - epoxy
1
SOFT
$25.00
G) Gravity Pipeline CIPP Lateral Renewal Systems
4"-6" internal Installation and cure of top hat shaped structure up to 5' from
219
main <15"dia - No cleanout required
1
EA
$2,150.00
4"-6" Internal installation and cure of top hat shaped structure up to 20' from
120
main <15"dia - Cleanout required
i
EA
$3,500.00
4"-6" Installation and cure of structural lateral liner from main beyond 20' from
121
main <15" dia
i
LF
$50.00
4"-6" Installation and cure of structural lateral liner from surface clean out to
122
main
1
LF
$125.00
4"-6" Set-up charge per line section for installations of <20 total laterals per
123
project
1
EA
$1,500.00
124
4"-6" Installation of a surface cleanout or access pit for Items #2 & #4
1
EA
$1,000.00
H) Time and Material Unit Rates for Change Orders
Materials, Subcontractors and Rentals are at Unit Rates plus:
125 Markup =15%
126 Sales Taxes = Per Jurisdiction
127 Labor including burdens, per dems, and lodging (may vary by area). Prevailing wage rates if applicable
1) Other related Items to Trenchiess Technology Rehabilitation
The following items apply, when required, to sections A thru H.
128 Pre -Construction Video 1 Day $1,000.00
129
Erosion Control
i
LF
$1.50
130
Maintenance Of Traffic (MOT) Residential/Non-DOT Regulated
1
Ea -Month
$1,000.00
a) Signage
1
HR
$45.00
b) Flagmen
i
Day/EA
$250.00
c) Arrow Board
1
EA
$2,500.00
d) Traffic Control Plan (certified)
Note: DOT Regulated MOT will be negotiated separately at time guaranteed scope Is available.
131
Excavation/Backfill
1
Cubic Ft
$20.00
0-
a) 0.4feetdeep
1
Cubic Ft
$25.00
b) feet deep
1
Cubic Ft
$30.00
c) 6-10 feet deep
d) over 10 feet deep refer to Section H above
132
Trench Shoring
1
LF Trench/week
$5.00
a) 4-6 feet deep
1
LF Trench/week
$10.00
b) 6-10 feet deep
c) over 10 feet deep refer to section H above
133
Surface Restoration
1
SF
$1.00
a) Sod
1
SF
$6.00
b) Minch concrete
1
SF
$
c) 6-inch concrete
1
SF
$4..00
d) 2-Inch asphalt
i
e) 3-inch asphalt
1
L
LF
F
2.00
$25.00
5
f) Curb
134
Material extras
1
Ton
$30.00.00
a) Lime Rock
1
Ton
$2
b) 57/Washed Stone
1
Ton
$25•00
c) Imported Sand
1
Ton
$30.00
d) Gravel
*All material pricing listed above Is based upon market price at the time of
orignal contract award. Pricing may be increased or decreased depending on
significant changes In market Indicators as compared to the date of the CP
original agreement.
"EXHIBIT A"
TR #12719
SIGNATURE PAGE
EXECUTION Off' OFFER
The undersigned Proposer has carefully examined all instructions, requirements, specifications, terms and
conditions ofthis RFP and the Agreement and certifies:
1. It is a reputable company regularly engaged in providing goods and/or services necessary to meet the
requirements, specifications, terms and conditions of the R1: P and the Agreement.
2, It has the necessary experience, knowledge, abilities, shills; and resources to satisfactorily perform the
requirements, spocificatiord, terms and conditions of the RFP and the Agreement. Further, if awarded,
the Proposer agrees to perform the requirements, specifications, terms and conditions of the RFP and
the Agreement.
3. All statements, information, and representations prepared and submitted in response to this RFP are
current, complete, true, and accurate. Proposer acknowledges that HCDE will rely on such statements,
information, and representations in selee ft the successful Proposer{s}.
4. It is not currently barred or suspended from doing business with the Federal goverunient, any of the
members represented, or any of their respective agencies.
5. It shall be bound by all statements, representations, warranties, and guarantees made in its proposal.
b. Submission of a proposal indicates the proposer's acceptance of the evaluation technique and the
Proposeea recognition that some subjective judgments may be made by HCDE and its membership as
part of the evaluation.
7. That all of the acquirements of this RFP and the Agreement have been read and understood. lit addition,
compliance with all requirements, terms and conditions will be assumed by HCDE if not otherwise
noted in the proposal.
8. The individual signing below has authority to enter into this on behalf of Proposer.
9. Proposer acknowledges that the Agreement may he canceled if any conflict of interest or appearance of
a conflict of interest is discovered by HCDE.
10This Agreement is subject to purchase orders duly authorized and executed by HCDE,
CORPORATENAME:
AUTSORIZRDSIGNATURE:
-
P'RINT NAME;
d..
DATE:
ADII!I3ES5:
CITY, STATI>?'
PHONE;
FAX: LDND
EMAILADDRESS:
i
WEBSITE uRL
Y'�ltd ... _
This Section to be Completed by HCDE
Contract Number: i5/04g111-02 Term of contract: 09/15/2015 to j2LI111Q1ti —
Vendor shall honor all CPC Administrative Fees for any sates resulting from this Contract whether Vendor is awarded
a renewal or not. ,
Approved by Harris County
Jesus J. Amezcua,
Assistant Sunerhit
Education:
S A KiM
Pipeline Infrastructure. Solved."
October 19, 2015
Mr. Jim Moore
Assistant Director of Utilities
City of Tamarac
10101 State Street
Tamarac, FL 33321-6428
"EXHIBIT B"
TR #12719
RE: SAK Trenchless Proposal Utilizing the Choice Partners Contract # 15/049JN-02
Dear Jim,
SAK Construction, LLC (SAK) respectfully extends to the City of Tamarac this proposal
for trenchless rehabilitation of sewer mains, manholes, and service laterals utilizing our
Choice Partners Contract number 15/049JN-02. The Choice Partners Contract was
competitively bid, and SAK has been awarded the contract. This proposal includes unit
pricing for rehabilitation of sanitary sewer mainline pipe utilizing cured -in -place pipe
(CIPP), rehabilitation of sanitary sewer laterals utilizing CIPP, and manhole
rehabilitation utilizing cementitious and/or epoxy. As stipulated in the bid documents of
the Choice Partners Contract, SAK is extending discounted unit pricing to the City of
Tamarac. The discounted unit pricing is reflected in the pricing summary below for the
8 and 10 inch CIPP. trenchless lateral rehabilitation, and manhole rehabilitation.
47 Fem Avenue
Nashville, TN 37207
tel 615.345.2045
www.sakcon.com
8 inch Cured -in -Place Pipe Summary (CIPP)
Unit of
Choice Partners
SAK Discounted
Item
Description
Measure
Unit Price
Unit Price
A2
CIPP (8 inch x 6mm)
Linear Foot
$ 31.00
$ 24.50
A30
Reconnect Lateral (Internal)
Each
$ 150.00
$ 50.00
831
Light Clean and CCTV
Linear Foot
$ 5.50
$ -
C44
By -Pass (if necessary)
Each
$ 450.00
$ -
Summarizing the 8 inch CIPP rehabilitation from above, SAK will install 8 inch (6mm) CIPP for
$24.50 per foot plus $50.00 for each trenchless lateral reconnection.
10 inch Cured -in -Place Pipe Summary (CIPP)
Unit of
Choice Partners
SAK Discounted
Item
Description
Measure
Unit Price
Unit Price
A3
CIPP (10 inch x 6mm)
Linear Foot
$ 41.50
$ 27.00
A30
Reconnect Lateral (Internal)
Each
$ 150.00
$ 50.00
B31
Light Clean and CCTV
Linear Foot
$ 5.50
$ -
C44
By -Pass (if necessary)
Each
$ 450.00
$ -
47 FernAvenue
SAKTM Nashville, TN 37207
tel 615.345.5.2045045
IM0
Pipeline Infrastructure. Solved." www.sakcon.com
Summarizing the 10 inch CIPP rehabilitation from the previous page, SAK will install 10 inch
(6mm) CIPP for $27.00 per foot plus $50.00 for each trenchless lateral reconnection.
TRENCHLESS Lateral Reconstruction Summary
Unit of
Choice Partners
SAK Discounted
Item
Description
Measure
Unit Price
Unit Price
4 inch and 6 inch internal installation
Each
$ 2,150.00
$ 1,850.00
G119
and Cure Top Hat to 5 feet from Main
G120
4 inch and 6 inch internal installation
Each
$ 3,500.00
$ 2,800.00
and Cure Top Hat to 20 feet from Main
Manhole Rehabilitation Summary
Item
Description
Unit of Measure
Choice Partners Unit Price
SAK Discounted Unit Price
F117
Cementitious
Square Foot
$ 18.00
$ 12.00
F118
Epoxy
Square Foot
$ 25.00
$ 20.00
INCLUSIONS
• Pipeline cleaning, televising and service connection identification
• CIPP Installation as specified in ASTM F1216
• CCTV Acceptance Inspection DVD
• Traffic Control (Cones Only)
Price includes one mobilization
EXCLUSIONS:
• Any special insurance required, i.e., railroad protective insurance
• Point repairs
• Access to hydrants for water within 500 ft of the installation point
• Permits
• Performance and Payment Bonds
• Bypass Pumping in excess of a 4 inch pump
Payment Terms:
• 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.
Respectfully,
Lare v0oev*
Loren Goens
Project Manager