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HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-122IFemp. Reso. #12576 October 23, 2014 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2014- 19 ;�, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE AN AGREEMENT BETWEEN T E CITY OF TAMARAC AND SAK CONSTRUCTION, LLC., UTILIZING CHOICE FACILITY PARTNEFiS (CFP) CONTRACT #10/039MP FOR AN AMOUNT NOT TO EXCEED $1,540,000.00 FOR THE FY15 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 & I) was identified by wastewater pump station basins; and WHEREAS, at that time, the Director of Public Services cho to utilize available contracts awarded by other governmental entities for Wastewater Collection System Inflow and Infiltration Rehabilitation, as provided by City Code Section 6-140 (d), which states that the purchasing officer may utilize contracts with other governmental agencies; and WHEREAS, the Public Services Department Utilities Division's FY15 locations for sewer main rehabilitation are located in Concord Village, Westwood 3, Tamarac Gardens East, Lime Bay Sections 1 and 2, Belfort, Mainlands Section 6, Sandi Point and adjoining areas; and Temp. Reso. #12576 October 23, 2014 Page 2 of 5 WHEREAS, the Choice Facility Partners (CFP) national consortium, a division of Harris County (Texas) Department of Education issued Contract #10/039MP with SAK Construction, LLC., for Trenchless Technology Rehabilitation with a contract term for this year through October 19, 2015 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- 2014-51 at its May 28, 2014 meeting authorizing the appropriate City officials to 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 #10/039MP to the City of Tamarac for the purpose of completing the FY15 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 FY15 Wastewater Main Rehabilitation Inflow and Infiltration Project (UT1 5A) as recommended by the Public Services Department; and Temp. Reso. #12576 October 23, 2014 Page 3 of 5 WHEREAS, the Director of Public Services shall have the responsibility to assign Work Tasks based on the most economical and structural need for wastewater main repairs using the unit prices provided by SAK Construction, LLC., under Choice Facility Partners issued Contract #10/039MP in an amount not to exceed $1,540,000; and WHEREAS, the Director of Public Services and the Purchasing and Contracts Manager recommend the award of an agreement between the City f 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 Fa ility Partners (CFP) Trenchless Technology Rehabilitation contract in an amount not to exceed $1,540,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO CITY OF TAMARAC, FLORIDA, THAT: MISSION OF THE SECTION 1: The foregoing "WHEREAS" clauses arc' hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution it 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 FY15 Wastewater Main Rehabilitation Inflow and Temp. Reso. #12576 October 23, 2014 Page 4 of 5 Infiltration Project with SAK Construction, LLC, utilizing Choice Facility Partners (CFP) issued Contract #10/039MP, valid through October 19, 2015 for an amount not to exceed $1,540,000 (a copy of which is attached hereto as "Exhibit C") . SECTION I 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 $1,540,000. 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. 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. Temp. Reso. #12576 October 23, 2014 Page 5 of 5 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 2014. C P RI A T F t :�ITY CLERK , ,CMC I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMIJtL S. GOREN CITY ATTORNEY 71 day of , RRY DRESS MAYOR RECORD OF COMM LER ISSION MAYOR DRESSLER `- DIST 1: COMM. BUSHNEL DIST 2: VICE MAYOR GOB DIST 3: COMM. GLASSEF DIST4: COMM. PLACKO VOTE: 1W "E IBIT A" IM #12576 Jura 30,2014 ibje+ Ce actRend fcw Io/039MP for Trenchless Technolo R e 1 a t o d i t ern s A S* r v I c a s for Harms guar Dqoottment of rA �� �oop�rrra�ive Dow CP vendor Partner. sY Rohebilltn'tlon 4 flan (HOWCholce Your contract with Choice Partners (CP)s a division of Harris County Department of Elf ucatlun M DE) ksla'wduled to expire Octobw 180 2014L This contract has (s) rune -year annual renal option remaining before Mal explraflon� Choke Partners values this contract and is exer sing the option to d' this contract for one year bEnning Der 19, 201A, !f y ou agree to renewWs contracI4 please complete, sign and attach this letter along with current company lop In .jp�gfarma under -the at., �t�chmentsa section of the Choice Pare rs sold System JU1y 17* 20514 at 2 PI M in addition, pmAde any updated pridng anoor discounts for Vour contract and a h is current copy of your certificate of insurance: cif app9olej and MY forms that may have changed since original proposal was submitted. I'ha IndMidual sib ing below hes horitxtg enter into the a�r�er�ent o� behalf of the �endor- Aot 100 C No ,&$bib CHOICE FACILITY `PART.NHAS Harris County Department of Education 6300 Irvington Blvd., Houston, Texas 77022-501 S RFP # 10/039MP Request for Proposals For Trenchless Technology Rehabilitation and Related Items and Services Submittal Deadline and Proposal Opening Deadline: Tuesday, July 20, 2010, 1: 00 PM CDT Proposals received after the date and time stated above will not be considered Questions regarding this RFP must be submitted electronically or to the physical HCDE Purchasing Department address no' later than five (5) business days prior to the submittal deadline date. All questions and answers will be posted on www.choicefacili artners.or 05.24.10 SWUB RFP# 10/039MP Pagel of 36 1.0 TABLE OF CONTENTS Noticeof Intention...................................................too ....,......... 2.0 Introduction of Choice Facility Partners....................'r............ 3 3.0 Instructions to Proposer 4 4.0 Evaluation and Award of Proposal(s) 6 5.0 Contract Terms and Conditions....................,......IL......... 9 6.0 Scope of Proposal............................................................!.......... 20 7.0 Specifications.........................................20 8.0 Price / Delivery Information..................................................., 21 9.0 Vendor Questionnaire................................................................ 22 10.0 Company Profile ................................................................it........ 27 11.0 Attachments.... 0,00,0006i 0*684009466000#8 0 40040000 28 #1 —Insurance Req uirentent. . . .:::..: . ...:..................*go fe•. 28 #2 Conflict of Interest Disclosure Statement............. 29 I #3 • Antitrust Certification Statements........ .............. .... 31. #4 - Certification Regarding Department, Suspension, Ineligibility and Voluntary Exclusion.................. sl�.... 32 #5 - Safe and Secure Schools Policy ......33 #6 - Taxpayer Identification Number Request......... # 7 — Pre • ailing Wage age Rates...... 04 0 0 to 000000 *sees*#$ 6040000 4004 0 a , 05.24. 10 S WUB RFP# 10/039MP 34 35 Page 2 of 36 1 1.0 NOTICE OF INTENTION Choice Facility Partners ("CFP"), a division of Harris County Department of Education CHCDE") is soliciting proposals in response to this Request for Proposals ("RFP") to establish A contract for use by government agencies and eligible organizations participating in HCDE s facilities cooperative purchasing operation known as Choice Facility Partners. The initial term of the prospective contract is a period of one calendar year, and HCDE may elect to extend any contract awarded pursuant to this RFP for additional one-year renewal terms as stated in SECTION 6.0 SCOPE OF PROPOSAL and in SECTION 5.0 CONTRACT TERMS AND CONDITIONS. No contract shall be executed until it has been reviewed and approved by the Harris County Department of.Education Board of Trustees in a duly called and posted meeting. This contract can be accessed on an "as needed" basis from a list of contracts that have been competitively bid and awarded to highly qualified vendors based on the selection criteria set forth in SECTION 4.0 EVALUATION AND AWARD. Proposers are requested to submit a proposal for offering their total line of available products and services that are commonly purchased by government entities, school districts and other public, not -for -profit agencies and organizations. Product(s) and/or services considered for award shalt equal or exceed a minimum quality level of industry standard and shall comply with all applicable federal, state and local technical, environmental and performance standards and specifications as defined within this RFP and described in a list or exhibit, if any attached hereto. The item(s) and/or -service(s) to be purchased under the awarded contract, if any, may be of indefinite delivery and indefinite quantity (herein after called "IDIQ"). CFP documents are available to anyone who wishes to submit a proposal. It is the responsibility of the proposer submitting a proposal to make certain that CFP has the appropriate company name, authorized representatives, and contact information on file for the purpose of receiving notices, changes, addenda or other critical information. 2.0 INTRODUCTION OF CHOICE FACILITY PARTNERS CFP is a purchasing cooperative and a division of the Harris County Department of Education, a county school district established under the laws of the State of Texas. The contract(s) awarded resultant to this RFP, if any, will be available for use by non-profit entities, public and private schools, colleges, universities, cities, counties, political subdivisions and other government agencies throughout the United States that have signed participation agreements allowing them to utilize contracting vehicles administered by CFP. Said entities can comply with the legally required competitive procurement processes for goods and services by using CFP contracts. HCDE's headquarters is located at 6300 Irvington Boulevard, Houston, Texas 77022-50I 8. 05.24.10 SWL/B RFP# 10/039MP Page 3 of 36 f 1 � ' i. 3*0 INSTRUCTIONS TO PROPOSERS PROPOSAL RESPONSE FORMAT Required Proposers shall submit proposals in a three-ring binder using standa d letter size paper (8- I/2 .x I I inches), clearly marked as indicated on the first page of this P and on the outside front cover and spine (where possible) in addition to marking the sealed envelope or other container. Seven (7) tabs should be used to separate the proposal into'' sections, as identified below. Responses should be direct, concise, complete, and unambiguous. Proposers failing to organize proposals in the manner requested may be considered no' -responsive and may not be evaluated. 2. Binder Tabs 1. RFP document -- 3. 4. 2. Ability to Provide and Perform the Required Product(s) and/or 3. Value -Added Product(s) and/or Service(s) Description, 4. Product(s) and/or Service(s) Description 5. Marketing PIan 6. Price Delivery Information: Paper and Electronic Price Lists 7. References ►ervice(s) Pr000sal Response Location Proposals shall be received no later than the submittal day and time deadline at the Receiving Front Desk at HCDE. Proposals submitted by U.S. mail or o carrier must arrive by the submittal day and time deadline. Proposals on the outside cover of the -envelope or container and said time -stamp s compliance to the deadline for the .receipt of proposals. No provision made for late delivery due to actions or consequences of third-p� proposal received after the submittal deadline date and time, why person or by carrier, will be disqualified and returned unopened. ter public or private ill be time -stamped all be dispositive of or exceptions are irty carriers. Any lather delivered in Submission of Proposals HCDE will only accept sealed bids and proposals. Faxed or electronically transmitted proposals will not be accepted. Sealed proposals may be submitted on any, some, or all iterns, unless stated otherwise. Proposals shall be submitted as stated in SECTION 3.0 INSTRUCTIONS TO PROPOSERS. Deviations from any Terms, onditions and/or Specifications shall be conspicuously noted in writing by the proposer an shall be included with the proposal. Withdrawal of proposals will not be allowed for a pe riod of 180 days following the opening. Withdrawal of proposals prior to the opening date will be permitted. Addenda or other changes to the RFP, if required, will be issued in writing by HCDE/CFP. The proposer shall acknowledge on the Signature Form the number of add nda received. Required: Five (5) bound original and signed copies of the proposals electronic copy on compact disc (CD) or USB flash drive shall be provid submission also shall include: ong with one. (1) I. The proposer's 05.24.10 SWLB RFP# 10/039MP Page 4 of 36 a) Five (5) electronic copies of price list; b) Five (5) hard copies of price list; and c) One (1) hard copy of any catalog or specification, if requested in the proposal Copyrighted proposals are unacceptable and shall be disqualified as non -responsive. Shipping flox (Required) The container must be clearly identified as listed below with the RFP number and name. All boxes must be sealed and delivered by the submittal deadline date and time to: HARRIS COUNTY DEPARTMENT OF EDUCATION 6300 IRVINGTON HOUSTON, TEXAS 77022 The address label shall also show the: (1) Deadline Date, (4) Submittal Deadline Time, and (7) City, State, &Zip. RFP Number, (2) RFP Title, (3) Submittal 5) Proposer's Name, (6) Proposer's Address, Proposals will be opened in public in the offices of the HCDE Purchasing Department, 6300 Irvington, Houston; - Texas 77022 immediately following the deadline. Proposals will be read aloud, listing only the responding proposers. There will be no other information read aloud. All responding proposals will be tabulated and evaluated. After the final qualifying determination is made, all eligible proposers will be notified. 5. HCDE/CFP Reservations HCDE/CFP reserve the right to: . (a) accept, reject, or negotiate modifications in any terms of the proposer's.proposal or . any parts thereof; (b) reject any or all proposals received; (c) award one or several proposers whose proposal(s) are deemed the best value to HCDE/CFP and to CFP members for the particular items(s) or services(s) awarded; (d) negotiate separately in any manner necessary to serve the best interest of HCDE and/or CFP members; (e) make all decisions regarding this RFP, including without limitation, the right to decide whether a proposal does or does not substantially comply with the requirements of this RFP; and (f) withdraw the RFP at HCDE's sole discretion 05.24. 10 SWL/B RFP# •I 0/039MP Page 5of36 4.0 EVALUATION AND AWARD OF PROPOSALS In accordance with applicable laws, rules, and regulations .for public,' procurement, award(s) will be made to the responsible proposer(s) whose proposal(s) s/are determined after evaluation by HCDE/CFP to be the best value to HCDE/CFP- an to CFP members. To qualify for evaluation, a proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. Milrket Bask t Su rvev CFP reserves the right to use a "Market Basket Survey" method, g Y selected criteria to determine the most advantageous proposal(s). 2. Com netitive Range It may be necessary for HCDE/CFP to establish a competitiv( proposals as part of the evaluation process. Proposals not in the unacceptable and will not receive further award consideration. 3. Deviations and Excentians to Requirements Deviations or exceptions stipulated - in a proposer's resp+ disqualification. Any language to the effect that the proposer does to be part of a contractual obligation may result in the props disqualified, 4. Clarifleatigg -and/or Discussions Clarification may be requested of proposer(s) for the purpose errors, clerical errors, and/or non -substantive irregularities. Clarif+ proposer the opportunity to revise, change or modify. their proposal the extent of correction of the error. Discussion can also take I receipt of proposals. HCDE/CFP reserve the right to conduct discu or none of the proposers submitting proposals. HCDE/CFP will n� in the revision or modification of their proposal, nor will HCDE i based on randomly range of acceptable )mpetitive range are may result in consider this RFP is proposal being f eliminating minor ation does not give a In any way except to lace after the initial sions with all, some t .assist the proposer ►sist the proposer in bringing their proposal. to the same level of other proposals received by CFP. tti to 1 1 .1 T\TT 1 1 •.. 1 1 . .f provided or to the physical HCDE Purchasing Division address pry .five CS business days prior to the submittal deadline date. All sub r answers will be listed on the CFP website. Questions will not be a .r�r�.�.� by phone. 5. Estimated QUaptijies CFP estimates usage of this contract may be between $10,000 and y makes no guarantee or commitment of any kind concerning quantitii be purchased. HCDE makes no guarantee or commitment of any ki of any contracts resulting from this RFP. 6. InspeCtion &Accelltance The awarded contract proposer(s) (hereinafter "Vendor") shall deli services procured on this contract to the CFP member issuing a p conforming product(s) shall be shipped within 7 calendar days of rec order. If delivery is not or cannot be made within this time peric 05.24:10 SwL/B RFP# 10/039MP !,500,000. HCDE that will actually d regarding usage the materials or .ase order. The ipt of the purchase the Vendor must Page 6 of 36 receive authorization from the CFP member for the delayed delivery. If defective or incorrect material is delivered, the CFP member may make the determination to return the material to the Vendor at no cost to the CFP member. The Vendor agrees to pay all shipping costs for the return shipment. The Vendor also shall be responsible for arranging the return of the defective or incorrect material. 7. Evaluation of Proposals An HCDE/CFP committee will review and evaluate all proposals on the following evaluation factors which will be the basis for a recommendation for an award of contract to the HCDE Board of Trustees. a. Complies with MWBE / HUB/ SBE requirements b. Long-term costs to CFP members c. Meets required needs d. Purchase Price e. Quality of proposer's goods and/or services f. Reputation of proposer and its goods and/or services g. Value Added benefits h. Proposer's past relationship with HCDE/CFP and CFP members i. Proposer's commitment and ability to market the contract j. Proposer's financial standing 8. Minority and women' Business MMI and Small Business. Enterprise (jUE Participation HCDE/CFP encourage the use of HUB, MWBE, and SBE both as prime and subcontractors. However, these must meet the same minimum standards and requirements as the prime contractor. It will be the responsibility of the prime contractor to pre -qualify any subcontractors offered as HUB. MWBE and SBE participants. Some CFP members have specific goals for subcontracting requirements and will. require that a plan be attached to meet their goal. The proposer shall also indicate on the proposal form whether or not they are an MWBE vendor and who they are certified with, e.g., State, City, Federal. 9. Formation of Contract A response to this RFP is an offer to contract with HCDE/CFP based upon the terms, conditions, scope .of work, and specifications contained in this RFP. An RFP does not become a contract unless and until it is accepted by HCDE/CFP after approval by the HCDE Board of Trustees. A contract is formed when either HCDE's Superintendent or its Assistant Superintendent for Business Support Services signs the Signature Form. The proposer must submit a signed Signature Form, thus eliminating the need for a formal signing of a separate contract. 10. Multiple Awards HCDE/CFP reserve the right to award contracts to multiple proposers. The decision to award multiple contracts, award only one contract, or to make no awards rests solely with HCDE/CFP. HCDE/CFP may make multiple awards, and this fact should be taken into consideration by each proposer. 05.24.10 SWL/B RFP# 10/039MP Page 7 of 36 s I l l . Non-exclusive Contract Any contract resulting from this RFP is non-exclusive and shill be awarded with the understanding and agreement that it is for the sole convenience of HCDE/CFP and CFP members. HCDE and CFP members are free to have multiple c ntracts for the awarded goods and/or services and may initiate other procurement solicitations or procurement activity with other suppliers. 12. Pricing HCDE/CFP require that the pricing submitted in a proposer's p quantity one price. CFP members may request the awarded discounts or other adjustments to the quantity one price for l purchase order basis. If discounts or quantity prices are offe Vendor must also offer the same reductions in pricing to be similar size to HCDE and/or other CFP members 13. Penalties If an awarded Vendor is unable to provide the awarded items at the proposal has been opened, HCDE may take the following acti ,oposal be offered as a Vendor(s) to provide arger orders on a per red by a Vendor, the vailable for orders of h. quoted prices, after (s): (a) Insist that the awarded Vendor(s) honor the quoted price(s) specified in their respective proposal(s); Have the awarded Vendor a the difference between its;Or rice and the price of (b) PY the next acceptable proposal (as determined by HCDE); an (c) Recommend to HCDE's Board of Trustees that the award d Vendor no longer be given the opportunity to submit a proposal- to HCDE. 14. Performance and Payment Bonds Performance bonds and payment bonds should be provided and complied with as required under state law on specified contracts. The CFP rnern er will include the performance and payment bond requirements on the purchase order. 15. Insurance The Vendor, at its expense, will provide insurance coverage accep for the duration of the Contract and meeting the following requi limits are included in Attachment I and the coverage must be frog acceptable to HCDE/CFP. The Vendor(s) awarded a contras HCDE/CFP within 14 days of contract award a valid certificate of HCDE as an additional insured. 15. open Records Policy HCDE is a government body subject to the Texas Public Informati submitted to HCDE/CFP as a result of this RFP may be subject t information after contracts are executed or the procurement is termini believes that its response, or parts of its response, may be exempt under Texas law, the proposer must specify page -by -page and line.. the response which it believes are exempt. In addition, the proposer exception(s) to the Texas Public Information Act are applicable an reasons to substantiate the exception(s). le to HCDE/CFP ements: Insurance A -bonded carriers must provide to insurance showing Act. Responses release as public ed. If a proposer from disclosure y-line the parts of lust specify which I provide detailed 05.24.10 SWL,/B RFP# 10/039MP Page 8 of 36 e 5.0 CONTRACT TERMS AND CONDITIONS The terms and conditions set forth below, including provisions of all attachments referenced herein, the RFP, and the complete submitted proposal constitute the Contract between HCDE and the awarded Vendor. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control. Proposers shall include a separate document as part of their response containing any required exceptions or deviations from these terms, conditions, and specifications. If accepted by HCDE, in its sole discretion, the document's contents will be incorporated into the final contract. CONTRACT between Harris County Department of Education and Vendor: for RFP Title: This Contract is made and entered into by and between Harris County Department of Education ("HME"), a local governmental entity, having its principal place of business at 6300 Irvington Boulevard, Houston, Texas 77022 and Vendor having its principal place of business at ("Vendor"). This Contract consists of the terms and conditions set forth below, including provisions of all attachments referenced herein, Request for Proposal # ("UP"), and Vendor's complete response to the RFP. Vendor agrees and understands that this Contract may be used by governmental agencies and eligible organizations participating in HCDE's Choice Facility Partners ("CFP') cooperative purchasing program (collectively, "CFP members"). TERMS AND CONDITIONS I. Contract Terms and Conditions The terms and conditions of this Contract shall govern all procurements conducted hereunder. No pre -published terms on Vendor's purchase or work order acknowledgments or invoices shall have any force or effect. Further, no amendment to the terms of this Contract shall have any force or effect unless and until first approved in writing by HCDE, and no such amendment shall have any effect unless and until a written amendment to this Contract is executed by HCDE's Superintendent or his designee after any necessary approvals have been obtained from the HCDE Board of Trustees. 05.24.10 SwL/B RFP# 10/039MP Page 9 of 36 � J 2. Term of Contract; Renewal of Contract This Contract is for an initial term of one (1) year. This Contrac renew annually for a maximum of an additional four (4) one-year HCDE, in its sole discretion, unless otherwise specified in SECZ PROPOSAL. Vendor shall honor the administrative fee for any sr Contract that occurred within 30 days of the expiration of a term of 3 includes an option to tem. s, if agreed to by [ON 6.0 SCOPE OF les resulting from this 'this Contract. Termination of Contract This Contract shall remain in effect until (1) the Contract expires by its terms or (2) the Contract is terminated by mutual agreement of HCDE and Vendor. In the event of a breach or default of the Contract, HCDE reserves the right to enforOe the performance of the Contract in any manner prescribed by law or deemed to be i Ithe best interest of HCDE and/or CFP members. HCDE further reserves the right to terminate the Contract immediately in the event Vendor fails to: (1) meet schedules, dead ines, and/or delivery dates within the time specified in the RFP, this Contract, and/or a purchase or work order; (2) make any payments owed; or (3) otherwise perform in accordance with this Contract. HCDE also reserves the right to terminate the Contra t immediately, with written notice to Vendor, if HCDE believes that it is in the best interest of HCDE or CFP members to do so. Vendor agrees, in submitting its proposal in resp nse to the RFP, that HCDE shall not be liable for damages in the event that HCDE declares Vendor to be in default or breach of this Contract. Vendor further agrees that u o termination of the P Contract for any reason, Vendor shall, in good faith and with reason ble cooperation, aid in the transition to any new arrangement and/or vendor. 4. Buy Amer10 ica Act HCDE and CFP members have a preference for domestic end pr acquired for use in the United States when spending federal funds. made with non-federal funds or grants are excluded from the Buy Am 5. EEjjaiUgga Rates Vendor and any and all subcontractor(s) shall comply with all laws r( wage rates including, but not limited to, Texas Government Co applicable to the construction of a public work, and any related fec including the Davis -Bacon Act, applicable to this procurement by H( Texas Government Code Chapter 2258 applies to a product or se, Vendor to a CFP member, Vendor and any subcontractor(s) shall prevailing wage rates set by the CFP member. 6. Freight cif applicable All deliveries shall be Freight Prepaid, F.O.B. Destination, Inside I be included in all pricing offered unless otherwise clearly stated in wri 7. Shy ents (if applicable) Vendor shah ship ordered products within seven (7) working days & and within four (4) to six (6) weeks for special -order items after t purchase order unless modified in the Special Terms and Conditions. Ii be shipped within that timeframe, Vendor shall notify the CFP mernt why the product has not shipped and shall provide an estimated )ducts for supplies Purchases that are %rica Act. garding prevailing le Chapter 2258, ,ral requirements, DE. In the event vice provided by comply with the every and shall r available goods ie receipt of the a product cannot er of the reasons ;hipping date, if 05.24.10 SWL/B RFP# l 0/039MP Page 10 of 36 applicable. The CFP member may cancel the order if estimated shipping time is not acceptable to the CFP member, in its sole discretion. 91 8. Title and Risk of Loss Whenever HCDE or a CFP member is purchasing (and not leasing) a product under this Contract, title and risk of loss shall pass upon the later of HCDE or the CFP member's acceptance of the product or payment of the applicable invoice. 9. Warranty Conditions All supplies, equipment and services shall include manufacturer's mini pPmum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing. 10. Criminal H'story Re ord_Informationn Vendor and all subcontractor(s) shall comply with Texas Government Code Chapter 411, Subchapter F, which requires fingerprints for a criminal history background search when Vendor's employees or subcontractor(s) are working around minors. This requirement should be completed prior to starting any work on a CFP member's property. 11. Customer Support Vendor shall provide timely and accurate technical advice and sales support to 14CDEICFP staff and CFP members. Vendor shall respond to such requests within one (1) working day after receipt of the request. Vendor shall provide training to HCDE/CFP staff regarding products and/or services -supplied by Vendor, at no additional charge, if required by HCDE/CFP. 12. Tax Exem at Status HCDE and all CFP members that are Texas governmental agencies are . exempt from payment of state sales taxes under Texas Tax Code § 151.310 for the purchase of tangible personal property. Laws of other states govern the tax status of CFP members in states other than Texas with regard to these purchases. 13. Other State Tax Reguirements (a) Payment of taxes by the CFP member - The CFP member will pay only the rate and/or amount of taxes identified in Vendor's response to the RFP and in any resulting Contract as appropriate to the specific CFP member. (b) State and Local Transaction Privilege Taxes • The CFP member is subject to all applicable state and local transaction privilege taxes. Transaction privilege taxes apply to the sales of products and are the responsibility of Vendor, as the seller, to remit. Failure to remit taxes from the CFO member, as the buyer, does not relieve Vendor, as the seller, from its obligation to remit taxes. (c) Knowing and complying with the tax laws in other states is the responsibility of Vendor. 14. State of Texas Franchise Tax BY signature ature hereon, Vendor hereby certifies that it/he/she is not currently delinquent in payment of any franchise taxes or other taxes owed to the State of Texas. 05.24.10 SWL/B RFP# 10/039MP Page I I of 36 V C 15. Tax Res onsibilities of Vendor and Indemnification for Tax � Vendor and all subcontractor(s) shall pay all federal, state, and ocal taxes applicable to its operation and any persons employed by Vendor. Vedor shall require all subcontractor(s) to hold HCDE/CFP and the CFP member harmless from any responsibility for taxes damages and interest. If applicable, cons ibutions required under federal, state and/or local laws and regulations and any other costs including, but not limited to, transaction privilege taxes, unemployment compensation insurance, Social Security and Worker's Compensation, shall be the sole responsibility of Vendor. 16. IRS W-9 In order to receive payment under any resulting purchase or work 'order, Vendor shall have a current I.R.S. W-9 Form on file with the CFP member. 17. No _Assignment of Contract Vendor may not assign this Contract or any of its rights, duties of obligations hereunder without the prior written approval of HCDE. Any attempted assignment of this Contract by Vendor shall be null and void. Any purchase or work order niade 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 wi out the prior written approval of HCDE and, if applicable, the CFP member. 18. Notification of Material Change Payment may only be made to the awarded Vendor. Vendor is required to notify HCDE/CFP when any material change .in operations occurs, including but not limited to changes in distribution rights for awarded products, bankruptcy, material changes in financial condition, change of ownership, and the like, within thre (3) working days of such change. 19. Performance Vendor agrees to use its best efforts to provide the product(s) and/ agreed upon under this Contract. 20. S u bcon tractors In the event Vendor uses a subcontractor, Vendor shall be fully I and CFP members for all acts and omissions of such subcontrac responsible for Vendor's own acts and omissions. Nothing in this for the benefit of any such subcontractor any contractual relation and any such subcontractor, nor shall it create any obligation on CFP members to pay or to see to the payment of any monies due ar except as may otherwise be required by law. 21. Permits, License, and Certif cate(s) of Authority Vendor shall procure and maintain all necessary certifications, permi abide by all applicable laws, regulations, and ordinances of all fede governments under which this Contract will be performed. 22. Disclosures and Conflict of Interest Vendor affirms that it/he/she has not given, offered to give, nor in time hereafter any economic opportunity, future employment, gift, h discount, trip, favor or service to a public servant in connection 05.24.10 S W L/B RFP# 10/03 9 MO service(s) mutually oponsible to HCDE just as Vendor is ontract shall create ip between HCDE part of HCDE or such subcontractor and licenses and state, and local ids to give at any i, gratuity, special ith this Contract. Page 12 of36 c Vendor shall attach, in writing, a complete description of any and all relationships that might be considered a conflict of interest in doing business with HCDE or with CFP members. Vendor affirms and certifies that its bid or proposal has been arrived at independently and is submitted without collusion or discussion with anyone to obtain information, coordinate pricing or product offerings, or gain any favoritism that would in any way limit competition or give an unfair advantage over other proposers in the award of this contract. HCDE is required to comply with Texas Local Government Code Chapter 176, Disclosure of Certain Relationships with Local Government Officers. Any entity that does business with HCDE must complete a Conflict of Interest Questionaire (CIQ) whether or not a conflict of interest exists. Vendor must comply with the conflict of interest procedures detailed in Texas Local Government Code Chapter 176. See Attachment #2 to the RFP. 23. Non-Anuronriation. This Contract and all purchase or work orders resulting from this Contract, for the acquisition, including lease, of real or personal property is a commitment of the CFP member's current revenue only. Renewal of this Contract and any purchase or work orders resulting from this Contract will be in accordance with Texas Local Government Code § 271.903 concerning non -appropriation of funds for multi -year contracts. HCDE Board of Trustees and the CFP member reserve the right to rescind the Contract and/or any purchase or work orders at the end of each fiscal year if it is determined that there are insufficient funds to extend the Contract and/or purchase or work order. 24. Ordering Procedures Purchase orders are issued by CFP members to Vendor according to this Contract and the contract between HCDE and the CFP member. CFP members must send purchase orders to CFP, unless otherwise stipulated by HCDE/CFP. CFP will review and forward purchase orders to Vendor within one (1) business day. HCDE/CFP may request confirmation of receipt of the purchase order from Vendor. HCDE/CFP also may elect to require e-commerce functionality, in which purchase orders are sent directly to Vendor and reported to HCDE/CFP on a specified basis. The e-commerce approach must be approved by HCDE prior to the start date of this Contract. 25. Invoices Vendor shall submit invoices, in duplicate, directly to the CFP member. Each invoice shall include the CFP member's purchase order number and CFP Contract Number. The shipment tracking number or pertinent information for verification of the CFP member's receipt shall be made available upon request. 26. Reoortin� Vendor shall electronically provide HCDE/CFP with a detailed monthly report showing the total dollar volume of all sales under this Contract for the previous month, if the Contract is set up as a reporting contract in the format and with the information specified by HCDE/CFP. Reports shall be submitted to CFP at 6005 Westview, Houston, Texas 77055, or electronically to joann@choicefacilitypartners.org. Reports are due on the fifteenth (15) day after the close of the previous month and shall provide information regarding purchases made during the previous month. It is the responsibility of Vendor to collect and compile all sales under this Contract from all CFP members and submit one (1) consolidated monthly report. The monthly report shall include, at a minimum, 05.24.10 SWL/B RFP# 1 o/039MP Page 13 of 36 1 1 i � the date of each purchase, purchase order number, UP mem sales total. Reports are to be sent to HCDE/CFP via fax, mail or name, city/town, and ail. 27. Payments The CFP member will make payments directly to Vendor. The CFP member placing the order with Vendor shall alone by liable and/or responsible for !,payment for products and/or services ordered and will be invoiced directl YY b Vendor. Neither HCDE nor its other CFP members shall be liable for the indebtedness of any one CFP member. If Vendor does not specify payment terms, payments should be made within thirty (30) days after receipt of invoice or delivery of goods, whichever is later. 28. Pricing All prices shall be firm for the Term of this Contract. Pricing mal the contract renewal period. Vendor agrees to promptly lower the any product purchased through CFP following a reduction in th4 paying suppliers. All pricing submitted to HCDE/CFP shall inch fee to be remitted to HCDE/CFP by Vendor. It is Vendor's resit pricing up-to-date and on file with HCDE/CFP. All price changes HCDE for acceptance, using the same format as was accepted proposal. 29. Administrative Fees HCDE/CFP will invoice Vendor, on a monthly basis, for an admin fee as stated in SECTION 6.0 SCOPE OF PROPOSAL. The inv4 total sales made through this Contract. Vendor shall remit payment thirty (30) day terms. Failure to pay administrative fees in a timely i this Contract being in default and could result in the Contract terminated. 30. Right to Audit HCDE, upon written notice, shall have the right to audit all docun Contract and all purchase or work orders resulting from this Contras audit shall include, but are not limited to, records which may have of interest to HCDE in connection with Vendor's work for HCDE an shall be open to inspection and subject to audit and -or reproduction b authorized representative(s) to the extent necessary to adequately pc verification of: (a) Vendor's compliance with Contract requirements, (b) compliance with HCDE procurement policies and procedu (c) compliance with provisions for computing billings to members, and (d) any other matters related to this Contract. 31. Indemni Vendor shall protect, indemnify, and hold harmless HCDE and eac whom Vendor contracts and HCDE and CFP members' respective Trust employees, and agents against all claims, damages, tosses and e attorneys' fees) arising out of, relating to, resulting from, or cau! omissions of Vendor, Vendor's employees, agents, or subcontractors. 05.24.10 S W UB RFP# 10/039MP � be negotiated during proportionate price of price the Vendor is ide the administrative lonsibility to keep all shall be presented to in Vendor's original :strative participation )ice will be based on to HCDE/CFP at net nanner may result in being suspended or ,nts relating to this Records subject to bearing on matters CFP members and HCDE's agents or mit evaluation and CDE and to CFP CFP member with s, administrators, )enses (including I by the acts or Page 14 of 36 32. Governing Law and Exclusive Venue The laws of the State of Texas, without regard to its provisions on conflicts of laws, govern this Contract. Any dispute under this Contract between HCDE and Vendor may be brought exclusively in the state and federal courts located in Houston, Harris County, Texas, and the parties hereby submit to the exclusive jurisdiction of said courts. Any dispute involving HCDE, its Trustees, administrators, representatives, employees or agents shall have sole venue in Harris County, Texas. Any dispute not involving HCDE but involving a CFP member shall be in the city, county, and state of the CFP member. 33. Multiple Contract Awards (if aaolicable)4 Non -Exclusivity HCDE/CFP reserves the right to award multiple contracts for each commodity category. Commodity categories are established at the discretion of HCDE/CFP. Nothing in this Contract may be construed to imply that Vendor has the exclusive right to provide products and/or services to HCDE and/or CFP members. During the Term of this Contract, HCDE/CFP reserves the right to use all available resources to procure other products and/or services as needed and doing so will not violate any rights of Vendor. 34. New Products New products that meet the specifications detailed in the RFP may be added to this Contract, if agreed to by HCDE/CFP in writing. Pricing of any new products shall be equivalent to the percentage discount of other products. Vendor may replace or add products to the contract if: the replacing products are equal to or superior to the original products offered; are discounted in a similar degree or to a greater degree; and the products meet the requirements of the RFP. No products may be .added to avoid competitive procurement procedures. HCDE/CFP may reject any proposed additions in its sole discretion. 35. No Substitution Any purchase order issued as a result of this Contract will conform to the specifications and descriptions identified in this Contract and the RFP. unless otherwise specified, Vendor shall not deliver substitutes without prior written authorization from HCDE/CFP. 36. Promotion of Contract (ALarketing. Plan) Vendor shall provide to CFP a marketing plan for promoting this Contract. The marketing plan shall cover all applicable areas and states. Vendor shall demonstrate how this Contract will be used as a primary contract offering to CFP members. Encouraging CFP members to circumvent this Contract by purchasing directly from Vendor may result in suspension or termination of this Contract. For so long as this Contract is valid . and enforceable between the parties, Vendor agrees to display the CFP seal in its marketing collateral materials, such as Vendor's website and related marketing materials. Vendor shall submit all promotional materials to HCDE/CFP and obtain written approval . before Vendor finalizes promotional material bearing the CFP name or seal. Vendor may not release any press release or other publication regarding this Contract unless and until HCDE/CFP first approves the press release or publication in writing. 37. Website Support Vendor agrees to cooperate with HCDE/CFP in publicizing Contract particulars on the CFP website. Vendor also agrees to work with HCDE/CFP in updating and maintaining current information on Vendor activities related to the Contract on the site. Vendor will 05,24.10 SWL/B RFP# 10/039MP Page 15 of 36 1 provide an electronic version of its logo for use on the website up other information as reasonably requested by HCDE/CFP to hel website is current and consistently updated. 38. Environmental Initiatives HCDE/CFP is committed to reducing waste and promoting Toward that end, Vendor is encouraged to provide its company's and green initiative. 39. Safety MEW Vendor and its subcontractor(s) and their respective employees sh all applicable federal, state, and local safety and health laws, ( regulations in the performance of services, including but ni promulgated by HCDE, CFP members, and by the Occupationa Administration ("OSHA"). In case of conflict, the most stringent shall govern. n request and provide ensure that the CFP energy conservation. environmental policy 11 comply fully with dinances, rules and t limited to those Safety and Health safety requirements 40. Sunnlemental Agreements A CFP member and Vendor may enter into a separate, supplemental agreement to further define the level of service requirements over and above the minimum defined in this Contract and the RFP, such as invoice requirements, ordering requ rements, on -campus service, specialized delivery, etc. Any supplemental agreement dev loped as a result of this RFP is exclusively between the CFP member and Vendor and shall have no effect or impact to any other CFP member or this Contract. Any supplemental agreements of these types shall not have any impact or effect on the pricing or any, other term of this Contract. Any .supplemental agreement between Vendor and an individualv CFP member is exclusively between that specific CFP member and Vendor and will be subject to immediate cancellation by the CFP member (without penalty to the CFP member) if, in the opinion of the CFP member, the quality, service, and specif 4ation requirements, and/or the terms and conditions are not maintained as stated i the supplemental agreement. 41. Certificates of Insurance Certif cates of Insurance, name and address of Vendor, the limi effective dates of each policy and policy number shall, be delivered t prior to commencement of work. The insurance company shall be li of Texas and shall be acceptable to the CFP member. Vendor s ` member a minimum of ten (10) days notice prior to any modification: policies of insurance. Vendor shall require any subcontractor(s) perfo maintain coverage as specified, of l iab i l ity, the the CFP member ensed in the State all give the CFP or cancellation of ning any work to 42. Miscellaneous Vendor acknowledges and agrees that continued participation in the CFP cooperative purchasing program is subject to HCDE's sole discretion and that Vendor may be removed from the participation in the CFP program at any time with or without cause. All work resulting from this Contract must cease after completion of ,the final accepted purchase order. Nothing in this Contract or in any other communication between HCDE and Vendor may be construed as a guarantee that CFP memberswill submit any purchase orders at any time. HCDE reserves the right to request additional proposals for items already on contract at any time. 05.24.10 SWL/B UP# 10/039MP Page 16 of 36 i J 43. No Mena or Endorsements mwon It is the intention of the parties to this Contract that Vendor be an independent contractor and not an employee, agent, joint venture, or partner of HCDE. Nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee between HCDE and either Vendor or any employee, agent, or subcontractor of Vendor. Vendor has no power or authority to assume or create any obligation or responsibility on behalf of HCDE, and HCDE has no power or authority to assume or create any obligation or responsibility on behalf of Vendor. This Contract shall not be construed to create or imply any partnership, agency, or joint venture, nor shall it be construed or deemed an endorsement of a specific company or product. 44. Eaual Cfnoortunity It is the policy of HCDE not to discriminate .on the basis of race, color, national origin, gender, limited English proficiency or handicapping conditions in its programs. Vendor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this Contract, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational qualification), sex (except where based on a bona fide occupational qualification) or race, color, religion, national origin, or ancestry. Vendor further agrees that every subcontract entered into for the performance of this Contract will contain a provision requiring non-discrimination in employment herein specified, building upon each subcontractor. Breach of this covenant may be regarded as a material breach of the Contract. 45. Force Maieure Neither HCDE, any CFP member, or 'Vendor shall be deemed to have breached any provision of this Contract as a result of any delay, failure in performance, or interruption of service resulting directly or indirectly from acts of God, network failures, acts of civil or military authorities, civil disturbances, wars, energy crises, fires, transportation contingencies, interruptions in third -party telecommunications or Internet equipment or service, other catastrophes, or any other occurrences which are reasonably beyond HCDE, any CFP member, or Vendor's control. • 46. Severabil& In the event that any one or more of the provisions contained in this Contract shall for any reason be held to the invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Contract shall be construed as if such invalid, inegal, or unenforceable provision had never been contained in it. 47. Waiver No failure on the part of either party at any time to require the performance by the other party of any term hereof shall be taken or held to be a waiver of such term or in any way affect such party's right to enforce such term, and no waiver on the part of either party of any term hereof shall be taken or held to be a waiver of any other term hereof or the breach thereof. 05.24.10 SWL/B RFP# 10/O39MP Page 17 of 36 i � •• 1 48. Entire Agreement The Contract, including any and all exhibits attached hereto, tl submitted response to the RFP is the entire agreement of the part prior or contemporaneous representations, agreements, negotiate( between them, whether written or oral, with respect to the subjt waiver, alteration, or modification of any of the provisions of binding unless in writing and signed by duly authorized represe hereto. This Contract supersedes any conflicting terms and conditi work orders, invoices, checks, order acknowledgements, forms similar commercial documents relating hereto and which may be i. the Effective Date of this Contract. 49. Notices Any notice provided under the terms of this Contract by either party in writing and may be affected by certified mail, return receipt requ( be sufficient if made or addressed to the party at the address listed it this contract. Each party may change the address at which notice mi party by giving notice of such change to the other party by certified j requested. e RFP, and Vendor's es and supersedes any ins, or understandings ct matter hereof. No this Contract shall be itatives of the parties fins on any purchase or purchase orders, or .sued by Vendor after to the other shall be ;sted. Notice shall i the signature line of ty be sent to that ,nail, return receipt 50. Ca tions The captions herein are for convenience and identification purpo es only, are not an integral part hereof, and are not to be considered in the interpretation!, of any part hereof. 51. Connicts; Compliance The terms and conditions of the RFP and Vendor's written submiss RFP are hereby incorporated by reference into this Contract. T o n The undersigned proposer hereby proposes and agrees to furnish goods and compliance with the terms, specifications and conditions at the prices quot( further certifies that he or she is an officer of the company and has author contract for the company named below and meets/agrees with all of th conditions specified in this request. Company name Address City/State/Zip Telephone No. Fax No. E-mai l address 05,24.10 SWL/B or services in strict 1. The undersigned ty to negotiate and above terms and Authorized signature Printed name Position with company Sales Representative Email Address Web site URL Accepted by HCDE Term of Contract to Unless otherwise stated, this Contract is for a period of one (1) year with an option to renew annually for an additional four (4) years if agreed to by HCDE/CFP and the awarded Vendor. Vendor shall honor all participation fees for any sales resulting from this Contract whether Vendor is awarded a renewal or not. HCDE Authorized Signature Print Name Approved by Harms County Department of Education Job Contract No. Date 05.24.10 SWL/B RFP# 10/039MP Page 19 of 36 r 6*0 SCOPE OF PROPOSAL It is the intention of CFP to establish an annual contract with high pei Trenchless Technology Rehabilitation and Related Items and Servi the request of any member Institution, provide these services and/or cov terms of this agreement. The supplier shall assist the end user with ma, their individual needs. ormance vendor(s) for es. Vendor(s) shall, at red products under the ing a determination of HCDE/CFP will invoice Vendor, on a month/ basis for an administ ative participation fee. Y � �' p p The invoice will be based on total saies made through this Contract. Vendor shall remit payment to HCDE/CFP at net thirty (30) day terms. Failure to pay administrative fees in a timely manner may result in this Contract being in default and could result in the Contract being suspended or terminated. CFP is utilizing the Request for Proposal (RFP) method for the procure] accordance with Texas Governmental Code Section 44.031 Purchasing o Request for Proposal, for services other than „construction se 7.0 SPECIFICATIONS . .. It is the intention of HCDE/CFP to establish an annual contract with high for Trenchless Technology Rehabilitation and Related Items and S Items and Services. Vendor(s) shall, at the request of any member inst products and/or covered services under the terms of this RFP and the Co Contract Terms and Conditions. The awarded Vendor shall assist the e with making a determination of its individual needs, as stated below. Provide Trenchless Technology Rehabilitation and Related Item educational institutions and other government agencies, including, but not I 1. Items and Services a. Cured -In -Place Reconstruction of Sewers, b. Pipe -bursting with HDPE for Sewer Lines, c. Pipe -bursting with Pre -chlorination for Water Main Replacer d. Polyethylene (PE) Sewer Pipe Sliplining, e. Pre -Chlorination Procedure for Rehabilitation of Existing Wi f. Trenchless Rehabilitation / Reconstruction of Pipelines and C g. Pig Cleaning 2. Value Add - CFP is soliciting value added items related to Tren Rehabilitation and Related Items. Client members will del specifications prior to issuing a purchase order for a specific service c ent of this service in Contracts, Item (3) a qualified vendor(s) vices and Related tion, provide these -act set forth in 5.0 user CFP member and Services to ited to: Procedure, ter Lines, onduits, less Technology nine their own )r product. 05.24.10 SWL/B RFP# 10/039MP Page 20 of36 8.0 PRICE / DELIVERY INFORMATION 1. Provide price lists and discounts for all items and services you are offering. 2. Provide labor rates for services for regular and overtime periods. 3. List any other value-added services that you provide and pricing. 4. The awarded Vendor and any and all subcontractor(s) agree to comply with all laws regarding prevailing wage rates including, but not limited to, Texas Government Code Chapter 2258, applicable to the construction of a public work, and any related federal requirements, including the Davis -Bacon Act, applicable to this RFP and/or CFP members. The CFP member shall notify the awarded Vendor of the applicable pricing / prevailing wage rates and must apply any local wage rates requested. The awarded Vendor and any subcontractor(s) shall comply with the prevailing wage rates set by the CFP member. 05.24.10 SWL/B RFP# 10/039MP Page 21 of 36 I Note: Please provide an additional value added services offered with pricing. .t p y r � A complete description of the other services must be identified $,a order to be considered. 9.0 VENDOR QUESTIONNAIRE 1. Minority/Women's Business Enterprise (Required by some participating agencies) Vendor certifies that this Finn is a MWBE Yes []No Historically Underutilized Businesses (Required by some participatinJg agencies) Vendor certifies that his firm is a HUB Please provide a copy of w/N4BE or HUB certification letter and the business with w/MBE or HUB vendors, if applicable. Yes ONo tage of your LI Please provide responses to the following questions that address your co pany's operations, organization, structure and processes for providing products and services. 2. Certification of Residency (Required by the State of Texas) The State of Texas has a law concerning non-resident vendors. This k Texas Education Code Chapter 2252, Subchapter A. This law make HCDE/CFP to determine the residency of its vendors. In part, this law rea( Section: 2252.001 "Non-resident bidder" refers to a person who is not a resident. "Resident b person whose principal place of business is in this state, including a vendor parent company or majority owner has its principal place of business in thi Section: 2252.002 "A governmental entity may not award a governmental contract to a non re unless the nonresident underbids the lowest bid submitted by a resident bid that is not less than the amount by which a resident bidder would be requir( nonresident bidder to obtain a comparable contract in the state in which the principal place of business is located." Company submitting bid is a resident bidder. City and state of vendor's principal place of business: 3. Felony Conviction Notice (Texas Education Code Section 44.034) Texas Education Code 6 44.034 concerninu notification of crimij rovides, "a) A di 05.24.10 SwL/B erson or busi 25 aavance noii iness entity ha: ription of the c • . ity that e distri :)nvictei ,-esu ltin ninate .nters into a contract N . if the person or an of a f IonsThe noti in the conviction of a i � contract with a verso r business entity failed RFP# 10/039MP can be found in it necessary for as follows: ider" refers to a whose ultimate state. ;ident bidder ier by an amount d to underbid the nonresident's Yes ONo ial history of contract( ith a school district m ►wner or o erator of e must include a geve Ion ive ' oti . Page 22 of 36 r � r bv Subsection(a),or misre resented the conduct resulting in the conviction. The district must com ensate the ve son or business entity. -for services 2erformed before the termination of the contract." "(c) This section does not aQaly to a oublicly held corporation." 1, the undersigned agent for the company named below, certify that the information concerning notification of felony convictions has been reviewed by me and the following information furnished is true to the best -of my knowledge. Vendor's Name: Authorized Company Official's Name (Please print): The company: ❑ is a publicly held corporation; this reporting requirement is not applicable. ❑ Is not owned or operated by anyone who has been convicted of a felony. ❑ Is owned or operated by the following individual(s) who has/have been convicted of a felony: (Please provide names of individuals and a detailed explanation of the convictions.) Names of felon(s): Details of Conviction(s): Signature of Company Official: Date: 05.24.10 SWL/B R.FP# 10/039MP Page 23 of 36 ti 4. Processing Information Company billing address where the invoice for the administrative fee %dill be sent by HCDE/CFP, Contact Person Title: Company: Address: City State Phone: Fax-: Email: Zip Contact person responsible for processing and confirming all pu HCDE/CFP. Contact Person Title Address: City State Zip Phone: Fax. - Email: Contact person responsible for sales and marketing: Contact Person Title Address: City State Phone: Fax: Email : Zip Pricing Information In addition to the current typical unit pricing furnished herein, Vendor aj product introductions at prices that are proportionate to Contract Pricing. If answer is no, attach a statement detailing how pricing for CFP members Pricing submitted includes the required CFP administrative fee. Vendor agrees to remit to CFP the required administrative fee. Additional discounts for purchase of a guaranteed quantity. 6. Vendor has E-commerce capabilities. orders sent by to offer all future Yes []No Id be calculated. Yes E]No Yes []No Yes [:]No JYes []No 7. Distribution Channel: Which best describes your company's position in the distribution channel: El Manufacturer direct F-1 Authorized distributor El Value-added reseller 05.24.1 o SwL/B ❑ Certified education/government ❑ Manufacturer marketing through ['] other RFP# 10/039MP ;ller Her Page 24 of 36 8, States Covered Proposer must indicate any state(s) where terms and conditions can be offered. DAII states FlArizona []Arkansas OAlabama E]Alaska []California OColorado []Connecticut []Delaware []District of Columbia E]Florida [:]Georgia []Hawaii Idaho [Illinois 01ndiana DIowa []Kansas [:]Kentucky OLouisiana F-lMaine Omaryland []Massachusetts []Michigan innesota ississippi ONebraska, E]Nevada EINew Hampshire 'ew Jersey ew Mexico ew York Carolina North Dakota []Ohio []Oklahoma [:] Oregon E]Pennsylvania []Rhode Island 0S,outh Carolina [:]South Dakota [:]Tennessee []Texas []Utah Vermont lVirginia lWashington West Virginia Wisconsin Wyoming If you check the Texas only box — select which CFP ESC Region where terms and conditions can be offered. 1 Edinburg ❑ 8 Mt Pleasant ❑ 15 San Angelo ❑ 2 Corpus Christi ❑ 9 Wichita Falls El 16 Amayillo ❑ 3 Victoria ❑ 10 Richardson ❑ 17 Lubbock ❑ 4 Houston ❑ 11 Fort Worth ❑ 18 Midland' ❑ 5 Beaumont ❑ 12 Waco El 19 El Paso ❑ 6 Huntsville ❑ 13 Austin ❑ 20 Ban Antonio ❑ 7 Kilgore ❑ 14 Abilene ❑ 05.24.10 SVWUB RFP# 10/039MP Page 25 of 36 1 8. Cooperatives List any other cooperative contracts currently held. .Cooperative Buvboard -- Texas Local Gov't Purchasing Cooperative — Texas Lj_CFP Purchasing Cooperative The Coo erative Purchasing Network (TCPN) �] Houston Galveston Council of Governments Coo erative Mohave Educational Services Cooperative (MESC) - Arizona Cooperative Educational Services (CES) — New Mexico D isco u n t Expires Offered Li National Joint Powers Alliance JPA El Western States Contracting Alliance WSCA) U S Communities Inde ndent Colleges and Universities of Texas ICUT Educational &Institutional Cooperative Services, Inc. (E&I Texas Department of Information Resources (DIR) El []TXMAS El CMAS EIPEPPM GSA Other(List Specifics) None 05.24.10 SWL/B RFP# 14/03 9MP Page 26 of 36 t � . 10.0 COMPANY PROFILE 1. Provide your company's official registered name 2. Provide a brief history of your company, including the year established. 3. Provide your company's organization chart. 4. Provide your corporate office location and the location(s) of sales and service offices in the state(s) relevant to this RFP. Also, include the name(s) of the key contact(s) at each location with their title, address, phone and fax number, and e-mail address. 5. Provide your company's Dun & Bradstreet (D&B) number and tax identification number. 6. Attach your latest annual report or audited financial statements. 7. Define your standard terms of payment. 8. Provide a short description (255 characters max) that best describes your company, for marketing on the front page of Choice Facility Partners' web -page. 9. Provide a website/webpage address that describes the product(s) for which you are submitting a response to the RFP. 10. Provide your company logo in .eps file format to upload to the Choice Facility Partner's website and if applicable, provide an online order link. 05.24.10 SWLB RFP# 10/039MP Page 27 of 36 I 1 .0 ATTACHMENTS Attachment #1 INSURANCE REQUIREMENTS Minimum Insurance Reauirements The awarded Vendor shall, at all times during the term of this contract, maintain insurance coverage with not less than the type and requirements shown below. Such insurance is to be provided at the sole cost of the contractor. These requirements do not establish limits of the contractor's liability. All policies of insurance shall waive all rights of subrogation against CDE, its officers, employees and agents. Upon request, certified copies of original insurance policies shall be furni hed to HCDE. HCDE reserves the right to require additional insurance should it be deemked necessary. A. Workers' Compensation (with Waiver of subrogation to FICDE) Employer's Liability, including all states, U.S. Longshoremen, Harbor Workers and other endorsements, if applicable to the Project. Statutory, and Bodily Injury by Accident: $100,000 each emplo, by Disease: $500,000 policy limit $100,000 each employee. HC' as an "additional insured" on workers' compensation policy. ..e. Bodily Injury E shall be named B. 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, catering and underground damage. $300,000 each occurrence Limit Bodily Injury and Property Damage combined • $300,000 Products -Completed Operations $500,000 per Job Aggregate $300,000 Personal and Advertising Injury Limit HCDE shall be named as an "additional insured" on commercial policy* C. Automobile Liability Coverage: Limit general liability • $300,000 Combined Liability Limits Bodily Inlury and Property Damage Combined HCDE shall be named as an "additional insured" on automobile policy. 05.24.10 SWL/B RFP# 10/039MP Page 28 of 36 Attachment #2 CONFLICT OF INTEREST DISCLOSURE STATEMENT HCDE/CFP is required to comply with Texas Local Government Code Chapter 176 and Disclosure of Certain Relationships with Local Government Officers. This means any company that does business with HCDE/CFP must fill out a Conflict of Interest Questionnaire (CIQ) if either of the following situations exist: 1. The vendor has an employment or other business relationship with an HCDE local government officer or a family member resulting in the officer or family member receiving taxable income. 2. The vendor has given one of HCDE's local government officers or family member(s) one or more gifts (excluding food, lodging, transportation, and entertainment) that has an aggregate value of more than $250 in the twelve month period preceding -the date the officer becomes aware of an executed contract or consideration of the personffor a contract to do business with HCDE. Statements must be filed. within seven (7) business days after the officer becomes aware a conflict of interest exists. Below is a listing of current member of the HCDE Board of Trustees and HCDE's Superintendent: Ms. Angie Chesnut, Mr. Louis Evans, 111., Mr. Jim Henley Debra Kerner Mr. Roy Morales Mr. Carl Schwartz Mr. Michael Wolfe President Vice -President Dr. John Sawyer, Superintendent Below is a list of HCDE's current local government officers: Jesus Amezcua Linda P itre Celes Harris Joanie Rethlake Les Hooper Jim Schul Dean zaj icek Natasha Truitt 05.24.10 SW LIB RFP# 10/039MP Page 29 of 36 A CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental enti FORM CIQ This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. vrr� This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a Date Received person who has a business relationship as defined by Section 176.001(1,a) with a local governm erttal entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local govemmental entity later than the 7th business day after the date the person becomes aware of facts that require statement to be filed. See Section 176.006, local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section Is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously flied questionnaire. {The law requires that you file an updated completed questionnaire with the apj later than the 7th business day after the date the originally filed questionnaire becom Name of local government officer with whore filer has employment or business Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom business relationship as defined by Section 176.001(1,a), Local Government Code. -Attach additional p A. Is the local government officer named in this section receiving or likely to receive taxable i income, from the filer of the questionnaire? Yes L4o B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than direction of the local government officer named in this section AND the taxable incom governmental entity? Eqes Eqo C. Is the filer of this questionnaire employed by a corporation or other business entity with government officer serves as an officer or director, or -holds an ownership of 10 percent or moi [:D El Yes No D. Describe each employment or business relationship with the local government officer na Signature of person doing business with the govemmental entity 05.24.10 SWUB RFP# 10/039MP �prlate filing authority not Incomplete or inaccurate.) P. filer has an employment or other to this Form CIQ as necessary. , other than investment income, from or at the a.ceived from the local ,aspect to which the local in this section. Page 30 of 36 Attachment #3 ANTITRUST CERTIFICATION STATEMENT- (TEX. GOVERNMENT CODE & 2155.0051 I affirm under penalty of perjury of the laws of the State of Texas that: • I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; • In connection With this bid/proposal, neither I nor any representative of the Company have violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; • In connection With this bid/proposal, neither I nor any representative of the Company have violated any federal antitrust law; and • Neither I nor any representative of the Company have directly or indirectly communicated any of the contents of this bid/proposal to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. 05.24.10 SWUB RFP# 10/039MP Page 31 of 36 f f ' f Attachment #4 CER AND VOLUNTARY EXCLUM N- This certificate is required by the regulations implementing Executive 01 Debarment and Suspension, 7 CFR Part 3017.510, Participants' responsi regulations were published as Part IV of the January 30, 1989, Federal R 4733). Copies of the regulations may be obtained by contacting the Depc, Agency with which this transaction originated. 1. The prospective lower tier participant certifies, by submission of it nor its principals is presently debarred, suspended, proposed ineligible, or voluntarily excluded from participation in this tra department or agency. [er 12549, ilities. The ister {pages 4722- trnent of Agriculture proposal, that neither debarment, declared ;tion by any Federal 2. where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation of this proposal. Organization's Name Name and Title of Authorized Representative Signature RFP/Award # Project Name 05.24.10 SWUB RFP# 10/039MP Page 32 of 36 Attachment #5 �1 [t is the policy of HCDE to promote safe and secure schools. All vendors and subcontractors are responsible for ensuring employees on the job site are in compliance with the following: • NO .DRUGS, ALCOHOL, OR TOBACCO -- All HCDE and most CFP members' property and facilities are drug -free zones. No one may use, consume, carry, transport, or exchange tobacco, cigarettes, alcohol, or illegal drugs while in or on HCDE or CFP members' property or building. If your company has a drug testing policy, please attach a copy of the policy. • NO WEAPONS on school grounds with the exception of normal tools used in construction. • CONVICTED CHILD AND SEX OFFENDERS may not work on school grounds. Vendor(s) must pre -qualify their subcontractors. As an attachment, please explain how you will make your subcontractors aware of these requirements prior to starting projects. ' 05.24.10 SWL/B RFP# 10/039MP Page 33 of 36 � � c Attachment #6 TION Attach w,.9 Request for Taxpayer meat # Identification Number and Certification Rev. February 2005} - - -- -- ----- - ----- - Name (as shown on your income tax return) tV at Business n 0 G t3 G aa Check ❑ Individual/tole Proprietor O ;,;, appropriate a box: ❑ LLC filing as Sole Proprietor o. � Cy Address (number. street, and apt. or suite no.) r co tt O. Cky, state, and ZIP coda coList account number(s) here (optional) ❑ Corporation ❑ LLc filing as Corporation on Number Give form to the requester. Do not send to the IRS. ❑ Partnership ❑ Other Exempt from backup withholding ❑ LLC filing as Partnership Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note: If the account is in more than one name, see the chart on page 3 far guidelines on whose number to enter. Certification name and address (optional) Social security number I - I 1 1 4 - V- I or num Under penalties of perjury, I certify that: I- The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been n tified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRI has notified me that I am no longer ' subject to backup withholding, and 3. I am a U.S, person (including a U.S. resident alien). Certii%ation instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you'have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt contributions to an individual retirement arrangement (IRA), a d generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the inst coons on page 3.) Sign Here Signature of Date ► U.S. person o. 05.24.10 SWL/B RFP# 10/039MP Page 34 of 36 Attachment #7 Prevailing 'Wage Rates The awarded Vendor and all subcontractors shall comply with all applicable laws regarding prevailing wage rates including, but not limited to, Texas Government Code Chapter 2258 and an related federal requirements applicable to this procurement by HCDE, including the Davis - Bacon Act. All* Contractors and Subcontractors shall comply with all state and federal laws including, but not limited to, jaws of labor, minimum wage, safety, and equal employment opportunity. All Contractors and Subcontractors must pay not less than the general prevailing wage rate as listed herein plus any applicable fringe benefits. The prevailing wage rates listed are to be considered the minimum to be paid, and the listing of prevailing wage rates shall not be construed to prohibit the payment of rates higher than those listed. The Contractor and Subcontractor(s) shall maintain an adequate workforce whether wage rates higher than those listed are required or not. HCDE will not consider claims for additional compensation because of payments of wage rates in excess of the applicable rates listed herein. Chapter 2258 of the Texas Government Code applies to the construction of a public work, including a building, highway, road, excavation, and repair work or other project development or improvement, paid for in whole or in part from public funds, without regard to whether the work is done under public supervision or direction. Section 2258.021 mandates that a worker employed on a public work other than maintenance work by paid not less than the general prevailing rate of per diem wages for work or a similar character in the locality in which the work is performed and not less than the general prevailing wage rate of per diem wages for legal holiday and overtime work. A worker is employed on a public work if the worker is employed by a contractor or subcontractor in the execution of a contract for the public work with HCDE. HCDE has adopted the prevailing wage rate as determined by the U.S. Department of Labor in accordance with the Davis -Bacon Act (40 U.S.C. § 276a et seq) and its subsequent amendments, as the prevailing rate of per diem wages in HCDE for each craft or type of worker needed to execute a public works contract and also for legal holiday and overtime work. See HCDE Policy CV (Local). The current U.S. Department of Labor wage determination rates for Texas may be accessed on the Internet at http://tivvvw.access^gpo.govldavisbacon/, Click on Browse all Determinations by State and then click on Texas. Then locate Harris County. Click under the Building column for Harris County to access the rates for all trades. Prevailing rage Rates: Base per Diem rate shall be taken as the hours worked per day times the Base Hourly Rate. Overtime Rates: Over 40 hours per week and holidays at base hourly rate tinges 1.5. If the awarded Vendor is performing service(s) or.providing product(s) to a CFP member, the CFP member shall notify the awarded Vendor of the applicable pricing /prevailing wage rates and the awarded Vendor must apply any local wage rates requested. The awarded Vendor and any subcontractor(s) shall comply with the prevailing wage rates set by the CFP member. Section 2258.023 of the Texas Government Code, entitled "PREVAILING WAGE RATES TO BE PAID BY CONTRACTOR AND SUBCONTRACTOR; PENALTY," states, in pertinent part: 05.24.10 SWL/B RFP# 10/039MP Page 35 of 36 (a) The contractor who is awarded a contract by a public body or 'ia subcontractor of the contractor shall pay not less than the rates determined under Section 2258.022 to a worker employed by it in the execution of the contract. (b) A contractor or subcontractor who violates this section shall'pay to' the state or a political subdivision of the state on whose behalf the contract is made, $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the wage rates stipulated in the contract. A public body awarding a contract shall specify this penalty in the contract. (d) The public body shall use any money collected under this section to offset the costs incurred in the administration of this chapter. I, the awarded Vendor, certify that I am in compliance with all applicable standards, orders and/or regulations issued pursuant to the -programs subject to the Davis -Bacon Act (40 U.S.C. 276a- et seq.), the Regulations of the Department of Labors 29 CFR part 5, and Texas Government Code Chapter 2258. Organization's Name Name and Title of Authorized Representative Signature Date 05.24.10 SIT/B RFP# 10/039MP Page 36 of 36 Crew Travel and Mobilization CFP Ref Edinburg CFP Rej Corpus Christi CFP Ref Victoria CFP Ref Houston CFP Ref Beaumont CFP Ref Huntsville CFP Ref Kilgore CFP Ref Mt. Pleasant CFP Ref Wichita Falls CFP Reg Richardson CFP Reg Fort Worth CFP Reg Waco CFP Reg Austin CFP Reg Abilene CFP Reg San Angelo CFP RegAmarillo CFP Ref Lubbock CFP Ref Midland CFP Ref El Paso CFP Ref San Antonio ftantily 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 gift EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA ,Ifni, ttPP_ rim_ Extension $1,250.00 $1,250.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1.1000.00 $1,000.00 $1,000.00 $10000.00 $1,000.00 $1,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,00o.00 $1,250.00 $1,250.00 $1,250.00 $1,250.00 $10250.00 $1,250.00 $1,500.00 $1,500.00 $10500.00 $1,500.00 $0.00 $0.00 s The above Crew Travel and Mobilization Prices are applicable to any work In each of the following sections. * Aj Cured -in -place pipe (CIPP) reconstruction of gravity sewers 1 6" x 4.5mm 2 8" x 4.5mm 3 10" x 6.Omm 4 12" x 6.Omm 5 15" x 7.5mm 6 18" x 9.Omm 7 21"x9.Omm 8 24" x 10.5mm 9 27"x 10.5mm 10 3010x12.Omm 11 33" x 12.Omm 12 36" x 12.Omm 13 42" x 13.Smm 14 48" x 15.0mm 15 54" x 18.Omm 16 6" & 8" Additiona11.5mm 17 10" & 12" Additional 1.5mm 18 15" & 18" Additional 1.5nnm 19 21" & 24" Additional 1.5mm 20 27" Additional 1.5mm 21 30" Additional 1.5mm 22 33" Additional 1.5mm 23 36" Additional 1.5mm 24 42" Additional 1.5mrn 25 48" Additional 1.5mm 26 54"' Additional 1.5mm 27 6" - 10" Backyard Easement Setup Per Install Length 28 12" -18" Backyard Easement Setup Per Install Length 29 Timber Matting for large Diameter Setup 30 Internal Reconnection of service connection by robotic cutter 30A Sealing of service connection w/chemical grouting after internal reconnection, minimum quantity of 15 to be completed per mobilization. 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF LF SY EA EA t Pr $40.50 $31.00 $41.50 $57.50 $66.00 $81.50 $109.50 $131.50 $155.00 $182.50 $204.00 $244.00 $285.00 $408.00 $538.00 $1.00 $2.00 $10.00 $15.00 $25.00 $25.00 $30.00 $30.00 $40.00 $50.00 $60.00 $4.00 $10.00 $20.00 $235.00 $400.00 Edo-aggh $40.50 $31.00 $41.50 $57.50 $66.00 $81.50 $109.50 $131.SO $155.00 $182.50 $204.00 $244.00 $285.00 $408.00 $538.00 $1.00 $2.00 $10.00 $15.00 $25.00 $25.00 $30.00 $30.00 $40.00 $SO.00 $60.00 $4.00 $10.00 $20.00 $235.00 $ 400.00 I Note: Any CIPP over 54" will be on an individual quote basis. Clean/TV & Evaluation for Gravity Sewers 31 6" - 12" Clean & 7V sewer 32 15" • 21" Clean & TV sewer 33 24" • 33" Clean & TV sewer 34 36" & 42" Clean & TV sewer 35 48" & 54" Clean & TV sewer 36 6" -15" Post TV Inspection after Rehabilitation 37 18" - 27" Post TV Inspection after Rehabilitation 38 30" or Larger Post TV Inspection after Rehabilitation 39 Re -setup for clean & TV Inspection Due to Point Repairs 40 Root Removal 41 Grease Removal 42 Other Remote Obstruction Removal (max.10 LF) 43 Above Ground Physical Inspection Bypass, for gravity sewers and associated items 44 Set Up 4" Pump (Per Pump) 45 Set Up 6" Pump (Per Pump) 46 Set Up 8" Pump (Per Pump) 47 Set Up 12" Pump (Per Pump) 48 Set Up 4" Piping 49 Set Up 6" Piping 50 Set Up 8" Piping 51 Set up 12" Piping 52 Set up 18" Piping 53 Operate 4" Pumping System 54 Operate 6" Pumping System 55 Operate 8" Pumping System 56 Operate 12" Pumping System 57 Bypass - Driveway Ramp (Setup, Operate, Maintain) 58 Bypass - Street Ramp (Setup, Operate, Maaintain) 59 Bypass - Street Trenching for 8" Pipe (Setup, Operate, Maintain) 60 Bypass - Street Trenching for 12" Pipe (Setup, Operate, Maintain) 61 Bypass - Street Trenching for 18" Pipe (Setup, Operate, Maintain) 62 Bypass Plan (3rd Party Certified) Value Add: Aqua -Pipe CIPP reconstruction of water mains 63 •6" diameter liner 64 8" diameter liner 65 10" diameter liner 66 12" diameter liner 67 Re -opening of service connections internally Note: For any required temporary bypass of water service refer to items 86 and 87. 1 (F $5.50 $5.50 1 (F $11.00 $11.00 1 L'F $19.50 $19.50 1 LF $30.00 $30.00 1 L $50.00 $50.00 1 L $2.50 $2.50 1 L $4.00 $4.00 1 L $5.50 $5.50 1 E $150.00 $150.00 1 LP $3.00 $3.00 1 LF:, $3.00 $3.00 1 EA $1,350.00 $1,350.00 1 LFI $4.00 $4.00 1 EA $450.00 $450.00 1 EA $1,050.00 $1,050.00 1 EA $1,500.00 $10500.00 1 EA $2,650.00 $2,650.00 1 LF $37.50 $37.50 1 LF ! $46.50 $46.50 1 LF $80.00 $80.00 1 LF $110.00 $110.00 1 LF $135.00 $135.00 1 DAY $94.00 $94.00 1 DAY $710.00 $710.00 . 1 DAY $1,135.00 $1,135.00 1 DAY $1,825.00 $1,825.00 1 EA $460.00 $460.00 1 EA $460.00 $460.00 i LF $67.50 $67.50 1 LF $90.00 $90.00 1 LF $112.50 $112.50 1 EA $2,150.00 $2,150.00 1 LF $80.00 $80.00 1 LF $91.00 $91.00 1 LF $110.00 $110.00 1 LF $120.00 $120.00 1 EA $350.00 $350.00 The following items apply as applicable to sections B thru K and as needed In section A Items 1-67: 68 Mobilization 1 Day 69 Pre -Construction Viceo 1 Day 70 Erosion Control 1 LF 71 MOT a) Signage 1 Ea -Month b) Flagmen 1 MR 72 Excavation/Backfill - a) 0-4 feet deep 1 SF b) 4-6 feet deep 1 SF $10.00 $10.00 $1,000.00 $1,000.00 $1.50 $1.50 $10000.00 $10000-00 $45.00 $45.00 $2.00 $2.00 $3.00 $3.00 c) 6-10 feet deep 1 5F $4.00 $4.00 73 Trench Shoring a) 4-6 feet deep 1 LF Trench $5.00 $5.00 b) 6-10 feet deep 1 LF Trench $10.00 $10.00 74 Surface Restoration a) Sod 1 SF $1.00 $1.00 b) 4-inch concrete 1 SF $6.00 $6.00 c) 6-inch concrete 1 SF $8.00 $8.00 d) 2-inch asphalt 1 SF $4.00 $4.00 e) 3-inch asphalt 1 SF $6.00 $6.00 f) Curb 1 LF $25.00 $25.00 75 Material extras a) Lime Rock 1 Ton $35.00 $35.00 b) 57/Washed Stone 1 Ton $30.00 $30.00 c) Imported Sand 1 Ton $25.00 $25.00 d) Gravel 1 Ton $30.00 $30.00 8) Pipe Bursting with HDPE for Sewer lines HDPE DR 17 76 6-inch diameter 1 LF $35.00 $35.00 77 8-inch diameter 1 LF $40.00 $40.00 78 10-inch diameter 1 LF $45.00 $45.00 79 12-inch diameter 1 LF $50.00 $50.00 80 14-inch diameter 1 LF $72.00 $72.00 81 16-inch diameter 1 LF $92.00 $92.00 82 18-inch diameter 1 LF $114.00 $114.00 83 20-inch diameter 1 LF $137.00 $137.00 Manhole Connections 84 6-Inch 1 EA $150.00 $150.00 85 8-inch • 1 EA $200.00 $200.00 86 10-inch 1 EA $250.00 $250.00 87 12-inch 1 EA $300.00 $300.00 88 14-inch 1 EA $350.00 $350.00 89 16-inch 1 EA $400.00 $400.00 90 18-inch 1 EA $450.00 $450.00 91 20-inch 1 EA $500.00 $500.00 Sewer Later Connections 92 4-inch connection a) 0-4 feet deep 1 EA $950.00 $950.00 b) 4-6 feet deep 1 EA $1,500.00 $10500.00 c) 6-10 feet deep 1 EA $2,500.00 $21500.00 93 6-inch connection a) 0-4 feet deep 1 EA $1,200.00 $1,200.00 b) 4-6 feet deep 1 EA $1$900.00 $1,900.00 c) 6-10 feet deep 1 EA $2,900.00 $2,900.00 Clean -out Installation 94 4-inch 1 EA $375.00 $375.00 95 6-inch 1 EA $475.00 $475.00 Sewer Lateral Pipe Bursting 96 4-inch 1 LF $31.00 $31.00 97 6-inch 1 LF $35.00 $35.00 C) Pipe Bursting with Pre -Chlorination for Water Main Replacement Procedure HDPE OR 11 98 3-inch diameter DIP 1 I' tlF $22.00 $22.00 99 4-inch diameter DIP 1 [iF S26.00 $26.00 100 6-inch diameter DIP 1 i!F $35.00 $35.00 101 8-inch diameter DIP 1 LIF $40.00 $40.00 102 10-inch diameter DIP 1 LI' $45.00 $45.00 103 12-inch diameter DIP 1 LF $50.00 $50.00 Fittings a} Bends and sleeves, DI 104 6-inch 1 EA $150.00 $150.00 105 8-inch 1 EA $200.00 $200.00 106 10-inch 1 Mi $250.00 $250.00 107 12-Inch 1 EAi, $300.00 $300.00 b } Tees, DI 108 6x6x4 1 EA'i $225.00 $225.00 109 6x6x6 1 EA $250.00 $250.00 110 8x8x4 1 EA $250.00 $250.00 Ill 8x8x6 1 EA $275.00 $275.00 132 8x8x8 1 EA $300.00 $300.00 113 1Ox10x4 1 EA $300.00 $300.00 114 1oxlox6 1 EA $300.00 $300.00 115 1040x8 1 EA $350.00 $350.00 lib 10x10x10 i EA $350.00 $350.00 117 12x12x6 i EA $350.00 $350.OD 118 12x12xB 1 EA $350.00 $350.00 119 12xl2x10 1 EA $400.00 $400.00 120 12xl2x12 1 EA $400.00 $400.00 Gate Valves 121 4-inch �. EA $400.00 $400.00 122 6-inch 1 EA $900.00 $900.00 123 8-inch 1 EA $1,500.00 $1,500.00 124 10•inch 1 EA $1,750.00 $1,750.00 125 12•inch 1 EA $2,500.00 $2,500.00 126 Fire Hydrants �. EA $3j250.00 3 250.00 Connection at Services a) Up to 1" service, short side up to 5-feet 127 6-inch ma In 1 EA $450.00 $450.00 128 8-inch main 1 EA ! $475.00 $475.00 129 INnch main 1 EA $500.00 $500.00 130 12-inch main 1 EA $550.00 $550.00 bj Up to 2" service, short side up to 5-feet 131 6-inch main 1 EA $650.00 $650.00 132 8-inch main 1 EA $675.00 $675.00 133 10-inch main 1 EA $700.00 $700.00 134 12-inch main 1 EA $750.00 $750.00 c) Up to 1" service, long side up to 30-feet 135 6-inch main 1 EA i $550.00 $550.00 136 8-Inch main 1 EA $575.00 $575.00 137 10-inch main 1 EA $600.00 $600.00 138 12-inch main 1 EA $650.00 $650.00 dj Up to 2" service, long side up to 30-feet 139 6-inch main 1 EA $750.00 $750.00 140 8-Inch main 1 EA $775.00 $775.00 141 10-inch main 1 EA $800.00 $800.00 f � . 142 12-inch main 1 EA $850,00 $850.00 ej Additional service length 143 Over 30-feet x 1" 1 LF $12.00 $12.00 144 Over 30-feet x 2" 1 LF $15.00 $15.00 Line Stops 145 4-inch 1 EA $3,500.00 $3,500.00 146 6-inch 1 EA $4,500.00 $4,500.00 147 8-inch 1 EA $5,000.00 $5,000.00 148 10-inch 1 EA $5,000.00 $5,000.00 149 12-inch 1 EA $7,000.00 $7,000.00 Bypass for water main pipe bursting or C1PP lining 150 2-inch temporary 1 LF $23.00 $23.00 151 4-inch temporary 1 LF $26.00 $26.00 152 6-inch temporary 1 LF $31.00 $31.00 Temporary service connections for water main bypass 153 2-inch short side 1 EA $275.00 $275.00 154 2-inch long side 1 EA $375.00 $375.00 155 4-inch short side 1 EA $300.00 $300.00 156 4-inch long side 1 EA $400.00 $400.00 157 6-inch short side 1 EA $325.00 $325.00 158 6-inch long side 1 EA $425.00 $425.00 Dj Polyethylene (PE) Sewer Pipe Sliplining PE Pipe DR 22.5 159 4-inch 1 LF $25.00 $25.00 160 6-inch 1 LF $30.00 $30.00 161 8-inch 1 LF $35.00 $35.00 162 10-Inch 1 LF $40.00 $40.00 163 12-inch 1 Ll $45.00 $45.00 164 Annular Space - Grouting 1 CY $300.00 $300.00 165 Ej Pre -Chlorination Procedure for Rehabilitation of Existing Water Lines Pipe String Fusion 166 4-inch 1 LF $30.00 $30.00 167 6-inch 1 LF $35.00 $35.00 168 84nch 1 LF $40.00 $40.00 169 10-inch 1 LF $45.00 $45.00 170 12-inch 1 LF $50.00 $50.00 Pressure Testing 171 4-12 inch 1 LF $2.00 $2.00 172 Charge Water 1 K-Gals $1.00 $1.00 Chlorination 173 4-inch 1 LF $1.00 $1.00 174 6-inch 1 LF $1.50 $1.50 175 8-inch 2 LF $2.00 $2.00 176 10-inch 1 LF $2.50 $2.50 177 12-inch 1 LF $3.00 $3.00 178 BT Test 1 EA $250.00 $250.00 Flushing 179 4-12 inch 1 LF $0.50 $0.50 180 Charge Water 1 K-Gals $0.50 $0.50 it Dechlorination 181 4-12 inch 1 K-Pals $1.00 $1.00 F Trenchless Rehabilitation Reconstruction of Pipelines an f / p d Conduits Swagelining ay Camera 182 0-10 inch 1 L}F $1.00 $1.00 183 10-24 inch 1 LF $1.50 $1.50 184 25-36 inch 1 L $2.00 $2.00 185 37-48 inch 1 LP $2.50 $2.50 186 Over 48 inch 1 LP $3.00 $3.00 b) Clean 187 0-10 inch 1 LI $2.50 $2.50 188 10-24 inch i Lt $3.00 $3.00 189 25-36 inch 1 LF $3.50 $3.50 190 37-48 inch 1 LF� $4.00 $4.00 191 Over 48 Inch 1 LF $4.50 $4.50 c) Pigging See Item G) Pig Cleaning d) Gauging 192 0-10 inch 1 LF $1.00 $1.00 193 10-24Inch 1 LF $1.50 $1.50 194 25-36 inch 1 LF $2.00 $2.00 195 37-48 inch 3 LF $2.50 $2.50 196 Over 48 inch 3 LF $3.00 $3.00 197 a Obstruction s coon Removal 1 EA $200.00 $200.00 f Pipe Liner Insertion • 1) PE 4710 OR 32.5 198 4-inch 1 LF $10.00 $10.00 199 6-inch 1 LF $20.00 $20.00 200 8-Inch i LF $25.00 $25.00 201 10-inch 1 LF $35.00 $35.00 202 12-Inch 1 LF $50.00 $50.00 203 16-inch 1 LF $75.00 $75.00 204 18-inch 1 LF $95.00 $95.00 205 20-inch 1 LF $130.00 $130.00 206 24-inch 1 LF $180.00 $180.00 207 30-inch 1 LF $240.00 $240.00 208 36-Inch 1 LF $280.00 $280.00 209 42-inch 1 LF $340.00 $340.00 210 48-inch 1 LF $400.00 $400.00 2) PE 4710 DR 26 211 4-Inch 1 LF $20.00 $20.00 212 6-inch 1 LF $25.00 $25.00 213 8-inch 1 LF $30.00 $30.00 214 10-inch 1 LF $40.00 $40.00 215 12-inch 1 LF $55.00 $55.00 216 16-inch 1 LF $80.00 $80.00 217 18-inch 1 LF $105.00 $105.00 218 20-Inch 1 LF $150.00 $150.00 219 24-inch 1 LF $200.00 $200.00 220 30-inch 1 LF $260.00 $260.00 1 . 221 36-inch 1 LF $300.00 $300.00 222 42-inch 1 LF $360.00 $360.00 223 48-inch 1 LF $420.00 $420,00 3) PE 4710 DR 19 224 4-inch 1 LF $25.00 $25.00 225 6-inch 1 LF $30.00 $30.00 226 8-inch 1 LF $35.00 $35.00 227 10-inch 1 LF $45.00 $45.00 228 .12-inch 1 LF $60.00 $60.00 229 16-inch 1 LF $90.00 $90.00 230 184nch 1 LF $120.00 $120.00 231 20-inch 1 LF $175.00 $175.00 232 24-inch 1 LF $220.00 $220.00 233 30-inch 1 LF $280.00 $280.00 234 36-inch 1 LF $300.00 $300.00 235 424nch 1 LF $380.00 $380.00 236 48-inch 1 LF $440.00 $440.00 4) PE 4710 DR 15.5 237 4-inch 1 LF $30.00 $30.00 238 64nch 1 LF $35.00 $35.00 239 8-inch 1 LF $40.00 $40.00 240 10-inch 1 LF $50.00 $50.00 241 12-Inch 1 LF $65.00 $65.00 242 16-Inch 1 LF $100.00 $100.00 243 18-inch i LF $130.00 $130.00 244 20-inch 1 LF $190.00 $190.00 245 24-inch 1 LF $240.00 $240.00 246 30-inch 1 LF $310.00 $310.00 247 36-inch 1 LF $330.00 $330.00 248 42-Inch 1 LF $400.00 $400.00 249 48-inch 1 LF $460.00 $460.00 G) Pig Cleaning Foam Pig 250 0-12Inch 1 LF $0.50 $0.50 251 13-24 inch 1 LF $1.50 $1.50 252 25-36 inch 1 LF $2.50 $2.50 253 37-48Inch 1 LF $3.50 $3.50 254 Over 48 inch 1 LF $5.00 $5.00 Wire Bullet Pig 255 0-12•inch 1 LF $1.00 $1.00 256 13-24 inch 1 LF $2.00 $2.00 257 25-36Inch 1 LF $3.00 $3.00 258 37-48 inch 1 LF $4.00 $4.00 259 Over 48 inch 1 LF $6.00 $6.00 Blade Scraper Pig 260 0-12 inch i LF $0.50 $0.50 261 13-24 inch 1 LF $1.50 $1.50 262 25-36 inch 1 LF $2.50 $2.50 263 37-48 inch 1 LF $3.50 $3.50 264 Over 48 Inch 1 LF $5.00 $5.00 H) Time and Material Unit Rates for Change Orders A Materials, Subcontractors and Rentals 265 Markup =15% 266 Sales Taxes = Per Jurisdiction Labor 267 Executive Supervisor 1 268 Superintendent 1 269 Administrator 1 270 Crew Chief 1 271 Equipment Operator 1 272 Pipelayer - Skilled 1 273 Pipelayer - Helper I 274 Laborer - Unskilled I lj Directional Drilling & Pipe Installation 275 2-inch 1 276 4-inch 1 277 6-inch 1 278 8-Inch 1 279 10-inch 1 280 12-inch 1 281 14-inch 282 16-inch 1 283 18-inch 1 284 20-inch 1 285 24-inch 1 J j Manhole Rehabilitation 281 All sizes installation of manhole chimney seals 1 282-Al sites installation of stainless steel manhole inserts 1 283 Grouting of heavy infiltration to facilitate manhole rehab for items 284 & 285 1 284 Manhole rehabilitation - cernentitious 1 285 Manhole rehabilitation - epoxy 1 Kj Gravity Sewer CiPP Lateral Renewal Systems 4".6" internal installation and cure of top hat shaped structure up to 5' from main 286 <15"dia - No cleanout required i 4"-6" Internal installation and cure of top hat shaped structure up to 20' from 287 main <15"dia - Cleanout required 1 4"_6" Installation and cure of structural lateral liner from main beyond 20' from 288 main <15" dia 1 4'''.6" Installation and cure of structural lateral liner from surface clean out to 289 main 4"-6" Set-up charge per line section for installations of <20 total laterals per 290 project 1 291 4"-6" Installation of a surface cleanout or access pit for Items #2 & #4 1 OR HR HR 0 HR H H LF LF LF LF, LF LF LF LF LF EA FA EA MH SQFT SQFT EA EA LF LF EA EA $55.00 $45.00 $25.00 $40.00 $35.00 $30.00 $28.00 $25.00 $19.00 $26.00 $35.00 $40.00 $55.00 $72.00 $89.00. $100.00 $115.00 $180.00 $240.00 $650.00 $225.00 $1,500.00 $18.00 $25.00 $55.00 $45.00 $25.00 $40.00 $35.00 $30.00 $28.00 $25.00 $19.00 $26.00 $35.00 $40.00 $55.00 $72.00 $89.00 $100.00 $115.00 $180.00 $240.00 $650.00 $225.00 $1,500.00 $18.00 $25.00 $1,925.00 $11925.W $3,200.00 $3,200.00 $50.00 $125.00 $50.00 $125.00 $1,500.00 $1,500.00 $1400.00 $1,000.00 C "EXHIBIT A" TR #12576 SIGNATURE PAGES Y~� 5.0 CONTRACT TERMS AND CONDITIONS The teens and conditions set forth below, including provisions of all attachi herein, the RFP, and the complete submitted proposal constitute the Contract and the awarded Vendor. In the event of a conflict between the provisions set those contained in any attachment, the provisions set forth below shall control. include a separate document as part of their response containing any require deviations from these terms, conditions, and specifications. If accepted by H, • discretion, the document's contents will be incorporated into the final contract. CONTRACT between Hargis County Department of Education Vendor; SAX Construction, LLC R.FP Title: Request Related r for Tents referenced between HCDE forth below and Proposers shall d exceptions or :DE, it its sole for Proposals For Trenchless Technology Rehabilitation and Items and Services This Contract is made and entered into by and between Harris County Department 'of Education (WDE"), a local governmental entity, having its principal place of business at 600 Irvington Boulevard, Houston, Texas 77022 and Vendor sAK Construction, LLC ! having its principal place of business at XO3 N.. Cool Springs,y o' Fallon, NO C'Vendor"). 63366 This Contract consists of the terms and conditions set forth below, including pro isions of all attachments referenced herein, Request for Proposal # 3 n 03 9MP ("RFP"), a d Vendor's complete response to the RFP. Vendor agrees and understands that this Contract ay be used by governmental agencies and eligible organizations pardcipating in WDE's Ch ice Facility Pmtners ("UP") cooperative purchasing program (collectively, "CFP members"). I. BERMS AND CONDITIONS Contract Terms and Conditions The terms and conditions of this Contract shall govern all procurements hereunder. No pre -published terms on Vendor's purchase or w acknowledgments or invoices shall have any force or effect. Further, no ame the terms of this Contract shall have any force or effect unless and until first al writing by HCDE, and no such amendment shall have any effect unless ai written amendment to this Contract is executed- by HCDE's Superintende designee after any necessary approvals have been obtained from the HCDE Trustees. 05.24.10 SWL/B C RFP# 10/039MP conducted rk order xdment to proved in 4 until a ,it or his Board of 9 of 36 w 48. Entire em ent The Contract, including any and all exhibits attached hereto, the RFP, and Vendor's submitted response to the RFP is the entire agreement of the parties and supersedes any prior or contemporaneous representations, agreements, negotiations, or understandings between them, whether written or oral, with respect to the subject matter hereof. No 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. This Contract supersedes any conflicting terms and conditions on any purchase or work orders, invoices, checks, order acknowledgements, forms, purchase orders, or similar commercial documents relating hereto and which may be issued by 'Vendor after the Effective Date of this Contract. 49. Notices Any notice provided lender the terms of this Contract by either party to the other shall be in writing and may be affected by certified mail, return receipt requested. Notice shall be sufficient if made or addressed to the party at the address listed in the signature line of this contract. Each party may change the address at which notice may be sent to that party by giving notice of such change to the other party by certified mail, return receipt requested. 50. Cautions The captions herein are for convenience and identification purposes only, are not an integral part hereof, and are not to be considered in the interpretation of any part hereof. 51. Con#lYcts • ComyIlan ce The terms and conditions of the RFP and Vendor's written submission in response to the RFP are hereby incorporated by reference into this Contract. To the extent that any provision of this Contract are in conflict with the terms and conditions of the RFP or Vendor's submission, the terms and conditions of this Contract shall control over any conflicting term in the RFP or Vendor's submission. To the extent that the terms and conditions of the RFP conflict with any portion of 'Vendor's submission, the terms and • conditions of the RFP shall control over any conflicting term in Vendor's submission, The undersigned proposer hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices quoted. The undersigned further certifies that he or she is an officer of the company and has authority to negotiate and contract for the company named below and meets/agrees with all of the above terms and conditions specified in this request. Company naive SAK Constructiont LLC..� •��. Addtless 103 N. Cook. springs City/State/Zip o' Fallon, Mo 53366 Telephone No, 636-379-2350 ext. 13 FaXNO. 636-379-2461 E-.Irian address bhirtzesakconst . corm 05.24.10 SWVB RFP# 101039W Page 18 of 36 f t O Authorized signature Printed name Boyd 1lxt.z Position With company vice President Sales Representative Charlie Icubnmuench Email Address charliek@sakconst.com Web site URL www. . s ak- cons truet 3 on . corn Accepted by HCDE Term of Contact 10/19/2010 to 10/18/2011 Unless otherwise stated, this Contract is for a period of one (1) year with an option to renew annually for an additional four (4) yoars if agreed to by HCDE/CFP and the awarded Vendor. Vendor shall honor sIl part' ipation fee for sales resulting this Contract whether Vendor is awards ewal or not 1(0 /0 HCDE Authorized Signature 17'N I Date Print Name Jesus Amezeua ' sistant Superintendent of Business Services Approved by Harris County Department of Educa#ion Job Contract No. 10 039M--01 05.24,10 SWL/B RFP# 10/039MP P g e 1 of 36 � c w 864 Hoff Road O'Fallon, MO 63366 SAK 636-385-1000 e]Ane1nftst fvre .SaNed.` 636-385-1100 fax LETTER OF TRANSMITTAL FROM: SAK CONSTRUCTION, LLC DATE: JOB NAME: TO: Ciy of Tamarac 7525 NW 88th Avenue, Room 108 Tamarach, FL 33321 SHIPPED VIA: ATTN.: Keith Glatz 954-597-3570 WE TRANSMIT THE FOLLOWING: DRAWINGS PLANS LETTER COPY X CONTRACT SPECS SAMPLE FOR YOUR: USE APPROVAL FINAL APPROVAL SIGNATURE REVIEW/COMMENT DISTRIBUTION 11/11/2',014 City of Tamarac Wastewater Collection Infiltration & Inflow .System Infrastructure Project SAK 10803.13 IICNo OPIES I DATE I DESCRIPTION -FROM 2 1 reement Certificate of Insurance REMARKS: Please let me know if you have any questions. COPIES TO: SINCERELY, SAK CONSTRUCTION, LL Mail By Hand X Express Shipper Email PAY REQUEST SUBMITTALS X EXECUTION RECORDS 1 Barb Trende, Contracts Manager I AGREEMENT BETWEEN THE CITY OF TAMARAC AND SAK CONSTRUCTION, LLC. THIS AGREEMENT is entered into on V /407- 20 between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88t" 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 ands, conditions. 1. In return for valuable consideration in an amount not to exceed One Million Five Hundred Forty Thousand Dollars and no cents ($1,540,000.00), 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 # 10/039MP 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 20, 2014, 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 # 10/039MP 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 e ective 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 al 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: 1 0 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: $111000,000. 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 2 ' 0 z r � 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'$� 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 3 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 in contractor under this Agreement and not tthe 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 Cit!y 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. b. Termination for Convenience: This Agreement maybe 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. I' 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 1119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 19 0 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 spt 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 thi's 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 5 ', 11 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 88t" 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 0 INTENTIONALLY BLANK 9 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. . � ; to •. v- . +. co M • _ LL Co CZ LIJ• • (10 0 Lu .��� •.�• ATT E Pat Teufel, CMC City Clerk Date ATTEST: Signature of Corporate Secretary Steve Stulce Type/Print Name of Corporate Secy. (CORPORATE SEAL) IT1t\OF TAMARAC Harry Dr ssler, Mayor Date Approve as o form an City Attoafey Date SAK Construction /W30. Compary"ame i anager gal sufficiency: Signat�r 'ofi"C/icf`President Boyd H i rtz Type/Print Name of Vice -President �Wern6er to. �! 7 CORPORATE ACKNOWLEDGEMENT S TAT E OF YVi i s S ou i :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Boyd Hirtz, Vice President of SAK Construction LLC, a Missouri Limited Liability Company, duly registered as a Florida Foreign Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this L day of _ 1� 011trn 6Zr 20_a. Barbara Trende Notary Public Notary Seal State of Missouri County of St Charles My Commission Expires 12/19/2014 Commission # 10126252 8 Siggtiature of Notary Public State of t.Large 1'V11 Ssou r► I�i�bG.r�T,�•�d e Print, Type or Stamp Name of Notary Public �] Personally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. SAKCONS-01 LMAJOR '41lu"R'LX CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 11 /10/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN TH: E ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this', certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER J.W. Terrill Inc. 825 Maryville Centre Drive Suite 200 Chesterfield, MO 63017 CONTACT NAME: Teresa Horstmann PHONE A/c No Ext : (314) 594-2708 FAX A/c No): (314) 594-2399 ADDRESS: thorstmann@jwterrill.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A :Amerisure Insurance Company 19488 INSURED INSURER B : National Union Fire Insurance Company of Pittsburg, PA 19446 SAK Construction, LLC INSURER C :Amerisure Mutual Insurance Company 23396 INSURER D : 864 Hoff Rd O'Fallon, MO 63366 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: Rl#VISInN NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL BR POLICY NUMBER EFF MMIDDIYYYY MMIDDPOLICY EXP YIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR CPP206357705 08/02/2014 08/02/2015 EACH OCCURRENCE $ 29000,00 DAMAGE TO RENTED— P EMISES Ea occurrence $ 500,00 0 M D EXP (Any one person) $ 10300 PERSONAL & ADV INJURY $ 29000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F_X ] JER� LOC GENERAL AGGREGATE $ 41000,00 PRODUCTS - COMPlOP AGG $ 4,000,00 $ OTHER: A AUTOMOBILE LIABILITY X ANY AUTO CA206357605 08/02/2014 08/02/2015 Ea aBI EDtSINGLE LIMIT $ 21000000 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ HIRED AUTOS NON -OWNED AUTOS P P OPERTY DAMAGE r accident $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 59000900 B X EXCESS LIAB CLAIMS -MADE 8766171 08/02/2014 08/02/2015 AGGREGATE $ 5,000900 DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETOR/PARTNER/EX ER EXCLUDED? ECUTIVE N OFFICER/MEMMandato N / A WC206357806 08/02/2014 08/02/2015 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,00 (ry in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYE $ 1,000,00 E.L. DISEASE -POLICY LIMIT $ 11000900 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required)', Re: Contract #10/039MP-01, City of Tamarac CIPP Lining Repairs to the City of Tamarac Wastewater Collection System Infiltration & Inflow Infrastructure Project City of Tamarac is included as Additional Insured for General Liability with respect to work performed by the Named Insured at the above referenced job, if required by written contract. A Waiver of Subrogation is granted for Workers Compensation coverage in favor of the City of Tamarac, where permitted by law and if required by written contract. Earlier Notice of Cancellation Provided By Us - IL7049 applies to the General Liability, Automobile Liability and Workers Compensation - copy attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Tamarac, FL THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 7525 NW 88th Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Tamarac, FL 33321 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT NANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US - MISSOURI Number of Days Nofte 6 Q (Total days of notice. not to he less than go cfays) _ For any statutorily permhted reason other than nonpayment of premium, the nurnbar of days required for nonce of tancollation ii increased Jo the number of days shown in the Schedule above. 0 this policy is canceled by us we W11 sand the Named insured and any part► listed in the folbw ng schedule notice ot cancellation bases# or. tho number of days notice shown above. Schedule Name of Person or �r�a:l zat;Qn The Name of Person o, Organizalion is any person or organization holding a certificate of insurance . issued for you, pr-oVided the cerfkate: t . Refers to Ibis policy; . 2. Mates that notice of: a. Cancellaflon; h, NDnrenewal;-nr c. Material change reducing or restricting coverage, - will be provided to that person or organization; 3. is in effect at the time of the: a. Cancellation; b. Nonrenewal; or c. Material change reducing or restricting coverage; and 4. is on file at 3rour agent Dr broker's office for this police. Mailing Address The Failing Address Es tho iiddress shown'for that person or organization in that certfr-cate Of insurance. IL 7D 49 06 D7