HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-051Temp. Reso. #12481
April 21, 2014
Page 1 of 5
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014- J`r 1
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO ACCEPT
AND EXECUTE AN AGREEMENT BETWEEN THE
CITY OF TAMARAC AND SAK CONSTRUCTION,
LLC., UTILIZING CHOICE FACILITY PARTNERS
(CFP) CONTRACT,#10/039MP-01 FOR AN AMOUNT
NOT TO EXCEED $1,950,000.00 FOR THE FY14
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 chose to utilize available
contracts awarded by other governmental entities for Wastewater Collection System Inflow
and Infiltration Rehabilitation, as provided by City Code Section 6-148, which states that
the purchasing officer may utilize contracts with other governmental agencies; and
WHEREAS, the Public Services Department Utilities Division's FY14 locations for
sewer main rehabilitation are located in Westwood 2, Wedgewood 23, Spyglass,
Westchester, Versailles Gardens and Sands Point; and
Temp. Reso. #12481
April 21, 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-01 with SAK
Construction, LLC., for Trenchless Technology Rehabilitation with a contract term for this
year through October 18, 2014 on behalf of its members (a copy of which is attached
hereto as "Exhibit A"); and
WHEREAS, the City of Tamarac is 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-
2013-19 at its February 27, 2013 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-01 to the City of Tamarac for
the purpose of completing the FY14 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 FY14 Wastewater Main Rehabilitation Inflow and Infiltration Project as
recommended by the Public Services Department; and
Temp. Reso. #12481
April 21, 2014
Page 3of5
WHEREAS, the Director of Public Services shall have the responsibility to assign
Work Tasks based on the most economical and structural need for wastewater main
repairs using the unit prices provided by SAK Construction, LLC., under Choice Facility
Partners issued Contract #10/039MP-01 in an amount not to exceed $1,950,000.00; and
WHEREAS, the Director of Public Services and the Purchasing and Contracts
Manager recommend the award of an agreement between the City of Tamarac and SAK
Construction, LLC.; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to award and execute
an Agreement with SAK Construction, LLC, utilizing Choice Facility Partners (CFP)
Trenchless Technology Rehabilitation contract, in an amount not to exceed $1,950,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution
upon adoption hereof. The exhibits attached hereto are incorporated herein and made a
specific part of this resolution.
SECTION 2: The appropriate City officials are hereby authorized to award
and execute an Agreement for the FY14 Wastewater Main Rehabilitation Inflow and
Temp. Reso. #12481
April 21, 2014
Page 4 of 5
Infiltration Project with SAK Construction, LLC, utilizing Choice Facility Partners (CFP)
issued Contract #1 0/039MP-01 , valid through October 18, 2014 for an amount not to
exceed $1,950,000.00 (a copy of which is attached hereto as "Exhibit C").
SECTION 3: The Director of Public Services is authorized to approve Work
Tasks in accordance with the schedule of prices under said contract in an amount not to
exceed $1,950,000.00.
SECTION 4:
The City Manager or his designee is hereby authorized to
g Y
approve and initiate Change Orders in amounts not to exceed'$65,000.00 per Section 6-
147 of the City Code, and close the contract award, which includes but is not limited to
making final payment and releasing bonds per Section 6-149 of the City Code, when the
work has been successfully completed within the terms, conditions and pricing of the
agreement.
SECTION 5:
All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 6: If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Temp. Reso. #12481
April 21, 2014
Page 5 of 5
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this -IL day of ,
2014. 0
...,,.._
ATTEST:
CITY CLERK
HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
�A[MUEL S. GOREN
CITY ATTORNEY
sumg
HARRY DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER
DIST 1: COMM. BUSH N ELL
DIST 2: VICE MAYOR GOM EZ
DIST 3: COMM, G LASSER
DIST 4: COMM. PLACKO
4.
SAK Construction, LLC I Vendor Details I Choice Partners
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April 9. 2014
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"EXHIBIT A"
TR #12481
About Us Member Servims
<< Go a. at
CONTRACT Category:
Trenchless Technology Rehabilitation
S if -Search this site,
Vendors/Contracts Bidders/RFPs
CONTRACT NUMBER: 1 Ci 039MP-01
CONTRACT TERMS:
Initial Award Date: October 19, 2010
151 Renewal Start Date:
211dRenewal itDate:
e Renewal Start Date:
Current Expiration Date:
Renewals Remaining:
October 19, 2011
October 10, 2012
October 19, 2013
October 18, 2014
1
APPROVED PRODUCT OR SERVICE:
Trenohless technology
MWSE/HU8 Status:
Not Certified
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Goritact
CONTRACT PARTNER: SAK
Construction, LLC
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Contract Partner Web Site:
h ttj.,,).flwww. s ahor-o n sil. c. o rrt
APPROVED MARKET AREA.,
National
ABOUT THIS PARTNER:
SAK Construction is one of ft fastest-grovving, privately hold pipeline rehabilitation and tunneling
contractors in the U.S. today. Founded in 2006 by a seasoned team of experts in underground
construction and trenchless technology, the company focuses on helping clients nationwide Identify the
most cost-effective solutions to the many operational, regulatory and environmental problems associated
with inadequate or deteriorating water mains, sanitary sewers, and storm sewers.
SAK Construction's core pipeline rehabilitsition fbcus is cured -in -place pipe (CIPP) Ming, With SAWS
unique CIPP systom, the company can rehabilitate sewer pipes ranging from 8 Inches to 98 inches In
diameter. As an exclusive licensed installer of SAK renews drinking water rrmins from 6
inches to 16 Inches in diameter. In addition, SAKs "no -dig" CJ PP approach means that most damaged
sower and water pipes can be rehabilitated quiMy and cost-effectively, with minimal disruption or
inconvenience to the surrounding convmnity and environment.
SAK Construction has the expertise and equipment to tackle tunnel construction in al types of ground
conditions and in sizes ranging from 48-inch cliameter up to 32-foot arch shape, FW out how SAK's
experienced team and approach to CIPP and tunneling can provide you with the best solutions for your
underground construction and rehabilitation needs.
To see contract information details, please login.
f
If you are a Member, t i e s login he,-O.
http-//xk-ww.choi.cepartners.org/ven.dors/sak-constraction-Itc
3/31/2014
14.
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CHOICE FACILITY
.: P A RTWE R S
Harris County Department of Education
6300 Irvington Blvd., Houston, Texas 77022-5019
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 Nme stated above will not be considered
Questions regarding this RFP trust be submitted electronically or to the physical HCDE
Purchasing Department address no later than flare (5) business days prior to the submittal
deadline date. All questions and answers will be posted on ww c Dice f i t e
05.24.10 SwL/8 RFP# I01039MP Page I of 36
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Introduction of Choice Facility Partners ....,.#..........................
Instructionsto Proposer..►►..l.w..w.#i..il.#i.#w,.w....,.......a*fee ...r......,*00
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#3 - Antitrust Certification Statements...... w . • i w « # ! ► ***a** # Soso*
#4 Certification Regarding Department, Suspension,
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#5 - Safe and Secure Schools Policy..#............ #. #.. # # w #... fees
#6 - Taxpayer Identm'"cition ;Number Req uesti . • w # .609980 ►.#.#
# T — Prevailing Wage Rates..........#...i... •*fees .$sees ...i#.#.,
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REP`# I0/039MP
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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 -s 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 terns as stated in
SECTION 6.0 SCOPE OF PROPOSAL and in SECTIONS.@ 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 duty called and posted meeting.
This contract can be accessed on an '`as needed" basis from a list of contracts that have been
competitively bid and awarded to highly qualified vendors based on the selection criteria set
forth in SECTION 4.0 EVALUATION AND AWARD, Proposers are requested to submit a
proposal for offering their total line of available products and services that are commonly
purchased by government entities, school districts and other public, not -for -profit agencies and
organizations.
Product(s) and/or services considered for award shall equal or exceed a minimum quality level
of industry standard and shall comply with all applicable federal, state and local technical,
Is
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 culled "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 Depament 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 there to utilize contracting vehicles administered by CFP. Said entities can comply
with the legally required competitive procurement processes for goods and services by using
CFP contracts. HCDE's headquarters is located at +6300 Irvington Boulevard, Houston, Texas
77022-5018.
05.24. 10 S WUB RFP# 10/039MP Page 3 of 36
3.0 INSTRUCTIONS TO PROPOSERS
P ROPOSAL RESPONSE FQRMAT
1. Rmuired
Proposers shall submit proposals in a three-ring binder using standard letter size paper (8-
1/2 .x I I inches), clearly marked as indicated on the first page of this RFP and on the outside
front cover and spine (where possible) in addition to marking the sealed envelope or other
container. Seven (7) tabs should be used to separate the proposal into sections, as identified
below. Responses should be direct, concise, complete, and unambiguous. Proposers failing
to organize proposals in the manner requested may be considered non -responsive and may
not be evaluated.
Z. BinderTabs
1. RFP document —
2. Ability to Provide and Perform the Required Product(s) and/or Service(s)
3. Value -Added Product(s) and/or Service(s) Description,
4. Product(s) and/or Service(s) Description
5. Marketing Plan
S. Price Delivery Information.; Paper and Electronic Price Lists
1. References
3. .. oral Response L cation
Proposals shall be received no later than the submittal day and time deadline at the
Receiving Front Desk at HCDE. Proposals submitted by U.S. mail or other
public or private
h
carrier must arrive by the submittal day and time deadline. Proposals will be time -stamped
on the outside cover of the -envelope or container and said time -stamp shall be dis ositive of
compliance .to the deadline for the ,receipt of proposals. No provisions or exceptions are
made for late delivery dine to actions or consequences of third -party carriers. Any
proposal received after the submittal deadline date and time, whether delivered in
person or by carrier, will be disqualified and returned unopened.
4. Lubglission of Fronosals
HCDE will only accept sealed bids and proposals. Faxed or electronically transmitted
proposals will not be accepted. Sealed proposals may be submitted on any, some, or all
items, unless stated otherwise. Proposals shall be submitted- as stated in SECTION 3.0
WSTRUCTIONS TO PROPOSERS. Deviations from any Terrns, Conditions and/or
Specifications shall be conspicuously noted in writing by the proposer and shall be included
with the proposal. withdrawal of proposals will not be allowed for a period of 180 days
following the opening. Withdrawal of proposals prior to the opening date will be permitted.
Addenda or other changes to the RFP, if required, will be issued in writing by HCDE/CFP.
The proposer shall acknowledge on the Signature Foram the number of addenda received.
Required: Five (5) bound original and signed copies of the proposals along with one. (I)
electronic copy on compact disc (CD) or USB flash drive shall be provided. The proposer's
submission also shall include:
05.24.14 SWL/B RFP# 10/039MP Page 4 of3f
:t-
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 shalt be disqualified as non -responsive.
Shipping Sox (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 sha al o show : (1) RFP Number, (2) RFP Title, (3) Submittal
Deadline .late, (4) Submittal Deadline Time, (5) Proposer's Name, (6) Proposer's Address,
and (7) City, State, +& Zip.
Proposals will be opened in public in the offices of the HCDE Purchasing Department, 6300
Irvington, Houston; -Texas 77022 immediately following the deadline. Proposals will be
read aloud, listing only the responding proposers. There will be no other information read
aloud. All responding proposals will be tabulated and evaluated. After the final qualifying
determination is made, all eligible proposers will be notified.
5. HCDE/CFP Reservations
HCDE/CFP reserve the right to:
(a) accept, reject, or negotiate modifications in any terms of the proposer's proposal or
any parts thereof;
(b) reject any or all proposals received;
(c) award one or several proposers whose proposal(s) are deemed the best value to
HCDE/CFP and to CFP members for the particular iterhs(s) or services(s) awarded;
(d) negotiate eparately in any manner necessary to serve the best interest of HCDE and/or
CFP members;
(e) mare all decisions regarding this RFP, including
decide whether a proposal does or does not
requirements of this RFP; and
(f) withdraw the RFP at HCDE's sole discretion
05.24.10 S WL/B
RFP# -10/039MP
without limitation, the right to
substantially comply with the
Page 5 of 36
s
4.0 EVALUATION AND AWARD OF PROPOSALS
In accordance with applicable laws, rules, and regulations .for public procurement, award(s)
will be made to the responsible proposer(s) whose proposal(s) is/are determined after
evaluation by HCDE/CFP to be the best value to HCDEICFP and to UP members. To
qualify for evaluation, a proposal must have been submitted on time and materially satisfy
all mandatory requirements identified in this document.
1. Market jja8kCj rvev
UP reserves the right to use a "Market Basket Survey" method, based on randomly
selected criteria to determine the most advantageous proposal(s).
2. Competitive ltenue
It may be necessary for HCDE/CFP to establish a competitive range of acceptable
proposals as part of the evaluation process. Proposals not in the competitive range are
unacceptable and will not receive further award consideration.
3. Deviations and JEjeeptions to Reouirements
Deviations or exceptions stipulated in a proposals response may result in
disqualification. Any language to the effect that the proposer does not consider this R.FP
to be part of a contractual obligation may result in the proposers proposal being
disqualified.
4. Clarilkatiog and/or ]DIseng'anx
Clarification may be requested of proposer(s) for the purpose of eliminating minor
errors, clerical errors, and/or non -substantive irregularities. Clarification does not give a
proposer the opportunity to .revise, change or modify. their proposal in any way except to
the extent of correction of the error. Discussion can also take place after the initial
receipt of proposals. HCDE/CFP reserve the right to conduct discussions with all, some
or none of the proposers submitting proposals. HCDE/CFP will not .assist the proposer
in the revision or modification of their proposal, nor will HCDE assist the proposer in
bringing their proposal to the same tevel of other proposals received by CFP.
u tia s alittd., -Ig fte SEE gan be- sUbMiggd elects is to the emai address
rovided or to the physica.1ILDE P rch sin Division ddre rovi d 1a er than
1'*_ /P1 1 6 t • .f It •.. f ! 1110 t A is • •._ 2 -. •
answers will b 1'sted o the' vre ite. e ' n 'll not b s vby-phgnat
5. Estimated u ntitle
CFP estimates usage of this contract may be between S10,000 and $2,500,000. HCDE
makes no guarantee or commitment of any kind concerning quantities that will actually
be purchased. HCDE makes no guarantee or commitment of any kind regarding usage
of any contracts resulting from this RFP.
6. Insneegan & Accentanee
The awarded contract proposer(s) (hereinafter "Vendor") shall deliver the materials or
services procured on this contract io the UP member issuing a purchase order. The
conforming product(s) shalt be shipped within 7 calendar days of receipt of the purchase
order.. If delivery is not or cannot be made within this time period the Vendor must
05.24:10 S WUB RFP# 10/039MP Page 6 of 36
4.0 EVALUATION AND AWARD OF PROPOSALS
In accordance with applicable laws, rules, and regulations .for public procurement, award(s)
will be made to the responsible proposer(s) whose proposal(s) is/are determined after
evaluation by HCDE/CFP to be the best value to HCDEICFP and to UP members. To
qualify for evaluation, a proposal must have been submitted on time and materially satisfy
all mandatory requirements identified in this document.
1. Market jja8kCj rvev
UP reserves the right to use a "Market Basket Survey" method, based on randomly
selected criteria to determine the most advantageous proposal(s).
2. Competitive ltenue
It may be necessary for HCDE/CFP to establish a competitive range of acceptable
proposals as part of the evaluation process. Proposals not in the competitive range are
unacceptable and will not receive further award consideration.
3. Deviations and JEjeeptions to Reouirements
Deviations or exceptions stipulated in a proposals response may result in
disqualification. Any language to the effect that the proposer does not consider this R.FP
to be part of a contractual obligation may result in the proposers proposal being
disqualified.
4. Clarilkatiog and/or ]DIseng'anx
Clarification may be requested of proposer(s) for the purpose of eliminating minor
errors, clerical errors, and/or non -substantive irregularities. Clarification does not give a
proposer the opportunity to .revise, change or modify. their proposal in any way except to
the extent of correction of the error. Discussion can also take place after the initial
receipt of proposals. HCDE/CFP reserve the right to conduct discussions with all, some
or none of the proposers submitting proposals. HCDE/CFP will not .assist the proposer
in the revision or modification of their proposal, nor will HCDE assist the proposer in
bringing their proposal to the same tevel of other proposals received by CFP.
u tia s alittd., -Ig fte SEE gan be- sUbMiggd elects is to the emai address
rovided or to the physica.1ILDE P rch sin Division ddre rovi d 1a er than
1'*_ /P1 1 6 t • .f It •.. f ! 1110 t A is • •._ 2 -. •
answers will b 1'sted o the' vre ite. e ' n 'll not b s vby-phgnat
5. Estimated u ntitle
CFP estimates usage of this contract may be between S10,000 and $2,500,000. HCDE
makes no guarantee or commitment of any kind concerning quantities that will actually
be purchased. HCDE makes no guarantee or commitment of any kind regarding usage
of any contracts resulting from this RFP.
6. Insneegan & Accentanee
The awarded contract proposer(s) (hereinafter "Vendor") shall deliver the materials or
services procured on this contract io the UP member issuing a purchase order. The
conforming product(s) shalt be shipped within 7 calendar days of receipt of the purchase
order.. If delivery is not or cannot be made within this time period the Vendor must
05.24:10 S WUB RFP# 10/039MP Page 6 of 36
I
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. Ejujujidon 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. (duality of proposer's goods and/or services
f. Reputation of proposer and its goods and/or services
g. Value Added benefits
h. Proposer's past relationship with HCDE/CFP and CFP members
i. Proposer's commitment and ability to market the contract
j. Proposer's financial standing
S. Minority and Women'
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. bumUlon 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. hLulti& Award
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
j 1. Non-exclusive Contract
Any contract resulting from this R.FP is non-exclusive and shall be awarded with the
understanding and agreement that it is for the sole convenience of HCDE/CFP and CFP
members. HCDE and CFP members are free to have multiple contracts for the awarded
goods and/or services and may initiate other procurement solicitations or procurement
activity with other suppliers.
12. Plicigg
HCDE/CFP require that the pricing submitted in a proposer's proposal be offered as a
RY h
quantity one rice. CFP members may request the awarded Vendor(s) to provide
discounts or other adjustments to the quantity one price for larger orders -on a per
purchase order basis. If discounts or quantity prices are offered by a Vendor, the
Vendor must also offer the same reductions in pricing to be available for orders of
similar size to HCDE and/or other CFP members
13. Penalties
If an awarded Vendor is unable to provide the awarded items at the quoted paces, after
the proposal has been opened, HCDE may take the following actions)
(a) Insist that the awarded Vendor(s) honor the quoted price(s) specified in their
respective pmposal(s);
(b) Have the awarders Vendor pay the difference between its price and the price of
the next acceptable proposal (as determined by HCDE); and/or
(c) Recommend to HCDE's Board of Trustees that the awarded Vendor no longer
be given the opportunity to submit a proposal to HCDE.
14. Performance and Payment Bonds
Perfomance bonds and payment bonds should be provided and complied with as
required under state law on specified contracts. The CFP member will include the
performance and payment bond requirements on the purchase order.
15. LqLvLaMce
The Vendor, at its expense, will provide insurance coverage acceptable to HCDE/CFP
for the duration of the Contract and meeting the following requirements: Insurance
limits are included in Attachment I and the coverage must be from A -bonded carriers
acceptable to HCDE/CFP. The Vendor(s) awarded a contract must provide to
HCDE/CFP within 14 days of contract award a valid certificate of insurance showing
HCDE as an additional insured,
15. onen &ecords Poll&
HCDE is a government body subject to the Texas Public information Act. Responses
submitted to HCDE/CFP as a result of this RFP may be subject to release as public
information after contracts are executed or the procurement is terminated. If a proposer
believes that its response, or parts of its response, may be exempted from disclosure
under Texas law, the proposer must specify page -by -page and lire -by-line the parts of
the response which it believes are exempt. In addition, the proposer must specify which
exception(s) to the Texas Public Information Act are applicable and provide detailed
reasons to substantiate the exception(s).
05.24.1 Q SWUB
RFP# 10/039MP Page 8 of 36
1
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 convict 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 fnaI 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
("WDE"), 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 C'CFP') cooperative purchasing program (collectively, "CFP members").
TERAIS 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 SWUB RFP# 10/039MP Page 9 of 36
?. Term of Co ract: Renewal of Contraet
This Contract is for an initial term of one (1) year. This Contract includes an option to
renew annually for a maximum of an additional four (4) one-year terms, if agreed to by
HCDE, in its sole discretion, unless otherwise specified in SECTION 6.0 SCOPE OF
PROPOSAL. Vendor shall honor the administrative fee for any sales resulting from this
Contract that occurred within 30 days of the expiration of a term of this Contract.
3. Terrain tion 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 enforce the performance of
the Contract in any manner prescribed by law or deemed to be in the best interest of
HCDE and/or CFP members. HCDE further reserves the right to terminate the Contract
immediately in the event Vendor fails to; (1) meet schedules, deadlines, and/or delivery
dates within the time specified in the RFP, this Contract, and/or a purchase or work
order; (2) make any payments owed; or (3) otherwise perform in accordance with this
Contract. HCDE also reserves the right to terminate the Contract immediately, with
written notice to Vendor, if HCDE believes that it is in the best interest of HCDE or CFP
members to do so. Vendor agrees, in submitting its proposal in response to the RFP, that
HCDE shall not be liable for damages in the event that HCDE declares Vendor to be in
default or breach of this Contract. Vendor further agrees that upon termination of the
Contract for any reason, Vendor shall, in good faith and with reasonable cooperation, aid
in the transition to any new arrangement and/or vendor. '
4. Buy America Act
HCDE and CFP members have a preference for domestic end products for supplies
acquired for use in the United States when spending federal funds. Purchases that are
made with non-federal funds or grants are excluded from the Buy America Act.
5, Ermilinga a R21M
Wndor and any and all subcontractor(s) shall comply with all laws regarding prevailing
gage rates including, but not limited to, Texas Government Code Chapter 2258,
applicable to the construction of a public work, and any related federal requirements,
including the Davis -Bacon Act, applicable to this procurement by HCDE. In the event
Texas Government Code Chapter 2258 applies to a product or service provided by
Vendor to a CFP member, Vendor and any subcontractor(s) shall comply with the
prevailing wage rates set by the CFP member.
6, Freht (ff ao�licablel
All deliveries shall be Freight Prepaid, F.O.B. Destination, Inside Delivery and shalt
be included in all pricing offered unless otherwise clearly stated in writing.
7. S,hiLlments (if aoplicable)
Vendor shall ship ordered products within seven (7) working days for available goods
and within four (4) to six (6) weeks for special -order items after the receipt of the
purchase order unless modified in the Special Terms and Conditions. If a product cannot
be shipped within that timefrarne, Vendor shall notify the CFP member of the reasons
why the product has not shipped and shall provide an estimated shipping date, if
05.24.10 SWUB RFP# 10/039MP Page 10 of 36
1
applicable. The CFP member may cancel the order if estimated shipping time is not
acceptable to the CFP member, in its sole discretion.
8. Title and disk 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. ffMjnJ1_ Conditions
All supplies, equipment and services shall include manufacturer's minimum standard
warranty and one (1) year labor warranty unless otherwise agreed to in writing.
10. CriminAl L11stagX H=rd In ornmadgg
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 rriember's property.
11. Customer Sunoort
Vendor shall provide timely and accurate technical advice and sales support to
HCDE/CFP staff and CFP members. Vendor shall respond to such requests within one
(1) working day after receipt of the request. Vendor shall provide training to HCDE/CFP
staff regarding products and/or services - suppl ied by Vendor, at no additional charge, -if
required by HCDE/CFP,
12. Tax Exem t Statu
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. Lawns of other states govern the tax status of CFP members in
states other than Texas with regard to these purchases.
13. other State Tarr irements
(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.
(4) 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 FrAllchise T x
By signature hereon, Vendor hereby certifies that it/he/stye is not currently delinquent in
payment of any franchise taxes or other taxes owed to the State of Texas.
05.24.10 SWUB RFP# 10/039MP Page t I of 36
w
t
15. Tax Res onsib lit es of Vendor and Inde nifcation for Taxes
Vendor and all subcontractor(s) shall pay all federal, state, and local taxes applicable to
its operation and any persons employed by Vendor, 'vendor shall require all
subcontractor(s) to hold HCDE/CFP and the UP member harmless from any
responsibility for taxes damages and interest. if applicable, contributions required under
federal, state and/or local laws and regulations and any other costs including, but not
limited to, transaction privilege .taxes, unemployment compensation insurance, Social
Security and Worker's Compensation, shall be the sole responsibility of Vendor.
16. tR , w•9 .
In order to receive payment under any resulting purchase or work order, Vendor shall
have a current I.R.S. W-9 Form on file with the CFP member.
17. No. Assignment of Contract
Vendor may not assign this Contract or any of its rights, duties or obligations hereunder
without the prior written approval of HCDE. Any attempted assignment of this Contract
by Vendor shall be null and void. Any purchase or work order made as a result of this
Contract may not be transferred, assigned, subcontracted, mortgaged, pledged, or
otherwise disposed of or encumbered in any way by Vendor without the prior written
approval of HCDE and, if applicable, the UP member.
18. Notification of Mate.Lial Chan e
Payment may only be made to the awarded Vendor. Vendor is required to notify
HCDE/CFP when any material change -in operations occurs, including but not limited to
changes in distribution rights for awarded products, bankruptcy, material changes in
financial condition, change of ownership, and the like, within three (3) working days of
such change.
19. Performance
Vendor agrees to use its best efforts to provide the product(s) and/or service(s) mutually
agreed upon under this Contract.
20. Subeantractors
In the event Vendor uses a subcontractor, Vendor shall be fully responsible to HCDE
and CFP members for all acts and omissions of such subcontractor gust as Vendor is
responsible for Vendor's own acts and missions. Nothing in this Contract shall create
for the benefit of any such subcontractor any contractual relationship between HCDE
and any such subcontractor, nor shall it create any obligation on the part of HCDE or
UP members to pay or to see to the payment of any monies due any such subcontractor
except as may otherwise be required by law.
21. Pennijj&n ertificate of Authori
Vendor shall procure and maintain all necessary certifications, permits, and incenses and
abide by all applicable laws, regulations, and ordinances of all federal, state, and local
governments under which this Contract will be perfornned.
22. Disclosures and Conflict of Interest
Vendor affirms that it/he/she has not given, offered to give, nor intends to give at any
time hereafter any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor or service to a public servant in connection with this Contract.
05.24.10 SWL/B RFP# 10/039M[P Page 12 of 36
e
9
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 I imit 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 Off cers. Any
entity that does business with HCDE must complete a Conflict of Interest Questionaire
(C[Q) 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 -A o nation.
This Contract and all purchase or work orders resulting from this Contract, for the
acquisition, in 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. oic,
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 Dumber. The
shipment tracking number or pertinent information for verification of the CFP member's
receipt shall be made available upon request.
26. Reoortf na
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.Drg, 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 SwLB RFP# I 0/039MP Page 13 of 36
d
the date of each purchase, purchase order number, UP member name, city/town, and
sales total. Reports are to be sent to HCDE/CFP via fax, mail or email.
2 7. P„yme is
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 directly by Vendor. Neither HCDE nor its
other CFP members shalt 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. P„ rigin„g
All prices shall be firm for the Term of this Contract. Pricing may be negotiated during
the contract renewal period. Vendor agrees to promptly lower the proportionate price of
any product purchased through CFP following a reduction in the price the Vendor is
paying suppliers. All pricing submitted to HCDE/CFP shall include the administrative
fee to be remitted to HCDE/CFP by Vendor. It is ''Vendor's responsibility to keep all
pricing up-to-date and on file with HCDE/CFP. All price changes shall be presented to
HCDE for acceptance, using the same format as was accepted in Vendor's original
proposal.
29. Administrative Fees
HCDEICFF will invoice Vendor, on a monthly basis, for an administrative participation
fee as stated in SECTION 6.0 SCOPE of PROPOSAL. The invoice will be based on
total sales made through this Contract. Vendor shall remit payment to HCDE/CFP at net
thirty (30) day terms. Failure topayadministrative fees in a timely manner may result in
this Contract being in default and could result in the Contract being suspended or
terminated.
30. Right to Audlt
HCDE, upon written notice, shall have the right to audit all documents relating to this
Contract and all purchase or work orders resulting from this Contract. Records subject to
audit shall include, but are not limited to, records which may have a bearing on matters
of interest to HCDE in connection with Vendor's work for HCDE and CFP members and
shalt be open to inspection and subject to audit and -or reproduction by HCDE's agents or
authorized representative(s) to the extent necessary to adequately permit evaluation and
verification of
(ai Vendor's compliance with Contract requirements,
(b) compliance with HCDE procurement policies and procedures,
(c) compliance with provisions for computing billings to HCDE and to CFP
members, and
(d) any other matters related to this Contract.
3 1. Indemnitv
Vendor shall protect, indemnify, and hold harmless HCDE and each CFP member with
whom Vendor contracts and HCDE and UP members' respective Trustees, administrators,
employees, and agents against all claims, damages, Tosses and expenses (including
attorneys' fees) arising out of, relating to, resulting From, or caused by the acts or
omissions of Vendor, Vendor's employees, agents, or subcontractors.
05.24.10 SWUB RFP# 10/039MP Page 14 of36
37. governine 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 (lf aaolxcablek Non -as
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 Sqfttitu
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. Promot on of QoA trafl JM&LWIng 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/CF'P 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 Suaaor#
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
05.24.1 a SWUB RFP# 10/039MP Page 15 of 36
It
provide an electronic version of its logo for use on the website upon request and provide
other information as reasonably requested by HCDE/CFP to help ensure that the CFP
website is current and consistently updated.
38. Environmental Initiatives
HCDE/CFP is committed to reducing waste and promoting energy conservation.
Toward that end, Vendor is encouraged to provide its company's environmental policy
and green initiative.
39. feft
Vendor and its subcontractor(s) and their respective employees shall comply fully with
all applicable federal, state, and local safety and health laws, ordinances, rules and
regulations in the performance of services, including but not limited to those
promulgated by HCDE, CFP members, and by the Occupational Safety and Health
Administration ("OSHA"). In case of conflict, the most stringent safety requirements
shall govern.
40. Supplemental Agreements
X CFP member and Vendor may enter into a separate, supplemental agreement to further
define the level of service requirements over and above the minimum defined in this
Contract and the RFP, such as invoice requirements, ordering requirements, on -campus
service, specialized y s ecialized delivery, etc. Any supplemental agreement developed as a result of
this RFP is exclusively between the CFP member and vendor and shall have no effect or
impact to any other CFP member or this Contract. Any supplemental agreements of these
types shall not have any impact or effect on the pricing or any other term of this
yp Contract. Any supplemental agreement between vendor and an individual CFP member
between that specific CFP member and Vendor and will be subject to
is exclusively etv�r p
immediate cancellation by the CFP member (without penalty to the CFP member) i� in
the opinion of the CFP member, the quality, service, and specification requirements,
and/or the terms and conditions are not maintained as stated in the supplemental
agreement.
41. Certi iesttes-of Insurance
Certificates of Insurance, name and address of Vendor, the limits of liability, the
effective dates of each policy and policy number shall, be delivered to the CFP member
prior to commencement of work. The insurance company shall be licensed in the State
of Texas and shall be acceptable to the CFP member. vendor shall give the CFP
' member a minimum of ten (10) days notice prior to any modifications or cancellation of
policies of insurance. Vendor shall require any subcontractor(s) performing any work to
maintain coverage as specified.
42. Mlscellaneoas
Vendor acknowledges and agrees that continued participation in the CFP cooperative
purchasing prog
ram ram is subject to HCDE's sole discretion and that Vendor may be
g
removed from the participation in the CFP program at any time with or without cause.
All work resulting from this Contract must cease after completion of the final accepted
purchase order. Nothing in this Contract or in any other communication between HCDE
and Vendor may be construed as a guarantee that CFP members will submit any
purchase orders at any time. HCDE reserves the right to request additional proposals for
items already on contract at any time.
05.24.10 SWUB R,FP# 10/039MP Page 16 of 36
43. No Agency or Endorsements
It is the intention of the parties to this Contract that Vendor be an independent contractor
and not an employee, agent, joint venture, or partner of HCDE. Nothing in this Contract
shall be interpreted or construed as creating or establishing the relationship of employer
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. EguaLURDoIjullily
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, vicars, 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. Severabi�ift
Fn 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, regal, 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 SWUB RFP# t 0/039MP Page 17 of 36
r
48. Entire Agreement
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 there, 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. flegg
Any notice provided under the terms of this Contract by either party to the other shall be
in writing and may be affected by certified mail, return receipt requested. Notice shall
be sufficient if made or addressed to the party at the address 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 snail, return receipt
requested.
50. CaWLons
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.
5I ConMets* Compliance
The terms and conditions of the RFP and Vendor's written submission in response to the
RFP are hereby incorporated by reference into this Contract. To the extent that any
provision of this Contract are in conflict with the terms and conditions of the RFP or
Vendor's submission, the terms and conditions of this. Contract shall control over any
conflicting term in the RFP or Vendor's submission. To the extent that the terms and
conditions of the RFP conflict with any portion of Vendor's submission, the terms and
conditions of the RFP shall control over any conflicting term in Vendor's submission.
The undersigned proposer hereby proposes and agrees to furnish goods and/or services in strict
compliance with the terms, specifications and conditions at the prices quoted. The undersigned
further certifies that he or she is an officer of the company and has authority to negotiate and
contract for the company named below and meets/agrees with all of the above terms and
conditions specified in this request.
Company name
Address
City/State/Zip
Telephone No.
Fax No.
E-mai l address
05.24.10 SwLIB RFP# 10/039MP Page 18 of 36
48. Entire Agreement
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 there, 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. flegg
Any notice provided under the terms of this Contract by either party to the other shall be
in writing and may be affected by certified mail, return receipt requested. Notice shall
be sufficient if made or addressed to the party at the address 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 snail, return receipt
requested.
50. CaWLons
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.
5I ConMets* Compliance
The terms and conditions of the RFP and Vendor's written submission in response to the
RFP are hereby incorporated by reference into this Contract. To the extent that any
provision of this Contract are in conflict with the terms and conditions of the RFP or
Vendor's submission, the terms and conditions of this. Contract shall control over any
conflicting term in the RFP or Vendor's submission. To the extent that the terms and
conditions of the RFP conflict with any portion of Vendor's submission, the terms and
conditions of the RFP shall control over any conflicting term in Vendor's submission.
The undersigned proposer hereby proposes and agrees to furnish goods and/or services in strict
compliance with the terms, specifications and conditions at the prices quoted. The undersigned
further certifies that he or she is an officer of the company and has authority to negotiate and
contract for the company named below and meets/agrees with all of the above terms and
conditions specified in this request.
Company name
Address
City/State/Zip
Telephone No.
Fax No.
E-mai l address
05.24.10 SwLIB RFP# 10/039MP Page 18 of 36
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 Harris County Department of Education
Job Contract No.
Date
05.24.10 SwL/B R.FP# 10/039MP Page 19 of 36
0
6.0 SCOPE OF PROPOSAL
It is the intention of CFP to establish an annual contract with high performance vendor(s) for
Trenchless Technology Rehabilitation and Related Items and Services. Vendor(s) shall, at
the request of any member institution, provide these services and/or covered products under the
terms of this agreement. The supplier shall assist the end user with making a determination of
their individual needs.
HCDE/CFP will invoice Vendor, on a monthly basis, for an administrative participation fee.
The invoice will be based on total sales made through this Contract. Vendor shall remit
payment to HCDE/CFP at net thirty (30) day terms. .Failure to pay administrative fees in a
timely manner may result in this Contract being in default and could result in the Contract
being suspended or terminated.
CFP is utilizing the Request for Proposal (RFP) method for the procurement of this service in
accordance with Texas Governmental Code Section 44.031 Purchasing of Contracts, Item (3) a
Re nest for Pro osal for services other than construction services..
7.0 SPECIFICATIONS
It is the intention of HCDE/CFP to establish an annual contract with highly qualified vendor(s)
for Trenchless Technology Rehabilitation and Related Items and Services and Related
Items and Services. Vendor(s) shall, at the request of any member institution, provide these
products and/or covered services under the terms of this RFP and the Contract set forth in 5.0
Contract Terms and Conditions. The awarded 'vendor shall assist the end user CFP member
with making a determination of its individual needs, as stated below.
Provide Trenchless Technology Rehabilitation and Related Items and Services to
educational institutions and other government agencies, including, but not limited to;
1. Items and Services
a. Cured -In -Place Reconstruction of Sewers,
b. Pipe -bursting with HDPE for Sewer Lines,
c. Pipe -bursting with Pre -chlorination for Water Main Replacement Procedure,
d. Polyethylene (PE) Sewer Pipe Sliplining
e. Pre -Chlorination Procedure for Rehabilitation of Existing water Lines,
f. Trenchless Rehabilitation / Reconstruction of Pipelines and Conduits,
g. Pig Cleaning
2. Value Add -CFP is soliciting value added items related to Trenchless Technology
Rehabilitation and Related Items. Client members will determine their own
specifications prior to issuing a purchase order for a specific service or product.
05.24.10 SwL/B RFP# l 0/039MP Page 20 of 36
4
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 SWUS
RFP# 10/039MP
Page 21 of 36
Note. Please provide any additional value added services offered with pricing.
A complete description of the other services must be idea tifled in order
to be considered.
a
9.0 VENDOR QUESTIONNAIRE
1. Minority/Women's Business enterprise (Required by some participating agencies)
Vendor certifies that this firm is a MWBE
MYes [:]No
Historically Underutilized Businesses (Required by some participating agencies)
Vendor certifies that his firm is a HUB
[]Yes []No
Please provide a copy of W/MBE or HUB certification 'letter and the percentage of your
business with W/MBE or HUB vendors, if applicable.
Please provide responses to the following questions that address your company'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 law can be found in
Texas Education Code Chapter 2252, Subchapter A. This law makes it necessary for
HCDE/CEP to determine the residency of its vendors. In part, this law reads as follows:
Section: 2252.001
"Non-resident bidder" refers to a person who is not a resident. "Resident bidder" refers to a
person whose principal place of business is in this state, including a vendor whose ultimate
parent company or majority owner has its principal place of business in this state.
Section: 225 2.002
"A governmental entity may not award a governmental contract to a non resident bidder
unless the nonresident underbids the lowest bid submitted by a resident bidder by an. amount
that is not less than the amount by which a resident bidder would be required to underbid the
nonresident bidder to obtain a comparable contract in the state in which the nonresident's
principal place of business is located."
Company submitting bid is a resident bidder.
[]Yes []No
City and state of vendor's principal place of business:
3. Felony Conviction Notice (Texas Education Code Section 44.034)
Texas Education_ Code 6�4.a�4_conce -inu notification of criminal history of contractors
proyi�fes:
"(a) A perAoll Qr busing s entity that enters into a contract with a school district must
• .•
._,
.
$1
.
b A school digrict Ma terminate a c ntract with a2erson or bu 'ne s entity if th
05.24.10 SWL/B RFP# 10/039MP Page 22 of 36
by Subsection (a) or misrepresented the conduct resultin_ in the conviction. The
district must coMpensate thg. person or business entity for services gerform9d before
the termination of the contract."
"(0 This section does not a2RIX tp_a aubl ici v held corporation."
i, 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:
0 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 RFP# 10/039MP Page 23 of 36
4. Processing Information
Company billing address where the invoice for the administrative fee will be sent by
HCDE/CFP.
Contact Person
Title:
Company:
Address:
City State Zip
Phone: Fax-:.
Email:
Contact person responsible for processing and con f rm ing all purchase orders sent by
HCDI /CFP.
Contact Person
Title
Address:
City State Zip
Phone: Fax:
Email
Contact person responsible for sales and marketing:
Contact Person
Title
Address:
City State Zip
Phone: Fax:
Email:
Pricing Information
In addition to the current typical unit pricing furnished herein, Vendor agrees to offer all future
product introductions at prices that are proportionate to Contract Pricing. [Yes ONo
If answer is no, attach a statement detailing how pricing for CFP members would be calculated.
Pricing submitted includes the required CFP administrative fee. OYes ONo
Vendor agrees to remit to CFP the required administrative fee. OYes ONo
Additional discounts for purchase of a guaranteed quantity. OYes ONo
6. Vendor has E-commerce capabilities. OYes ONo
7. Distribution Channel which best describes your company's position in the distribution
channel:
❑ Manufacturer direct
❑Authorized distributor
❑ Value-added reseller
❑ Certified education/government reseller
❑ Manufacturer marketing through reseller
F-1 other
05,24.10 SWL/B RFP# 10/039MP Page 24 of36
8. States Covered
Proposer must indicate any state(s) where terms. and conditions can be offered.
DAII states
[]Arizona
OArkansas
0Alabama
[]Alaska
OCalifornia
E]Colorado,
MConnecticut
[District of Columbia
OHM&
FlGeorgia
F7Hawaii
E:]Idaho
❑fllinois
" " ,w . •
Iowa
[:]Kansas
[]Kentucky
FlLouisiana
0Maine
DMaryland
usetts
Michigan
Mitnnesota
Mississippi
Iebraska
levada
few Hampshire
few Jersey
%w Mexico
'ew York
Iorth Carolina
[]North Dakota
0Ohio
FlOklahoma
DOregon
OPennsylvania
0Rhode island
RSouth Carolina
rlSouth Dakota
ennessee
i exas
Utah
LjVemont
E]Virginia
FlWashington
OWest Virginia
Wisconsin
Wyoming
If you check the Texas only box -- select which UP ESC Region where terms and conditions
can be offered. .
1 Edinburg
❑
8 Mt. Pleasant
El
16 San Angelo
❑
2 Corpus Christi
[-1
9 Wichita Falls
❑
16 Amadlb
El
3 Victoria
❑
10 Richardson
❑
17 Lubbock
❑
4 Houston
❑
11 Fort Worth
❑
18 Midland'
❑
5 Beaumont
❑
12 Waco
❑
19 El Paso
❑
6 Huntsville
❑
13 Austin
❑
20 San Antonio
❑
7 Kilgore
❑
14 Abilene
❑
05.24.10 SWUB RFP# 10/039MP Page 25 of 36
S. Cooperatives
List any other cooperati-ve contracts currently held.
05.24.10 S W UB RFP# 10/039MP Page 26 of 36
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 R.FP. 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 SWL/B RFP# t 0/039MP Page 27 of 36
A
Attachment #1
11.0 ATTACHMENTS
INSURANCE REQUIREMENTS
Minjm.uM Insurance ROMIremein
ts
i 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.
s All policies of insurance shall waive all rights of subrogation against HCDE, its officers,
employees and agents.
Upon request, certified copies of original insurance policies shall be furnished to HCDE,
HCDE reserves the right to require additional insurance should it be deemed necessary.
A. 'Workers' Compensation (with waiver of subrogation to HCDE) 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 employee. Bodily Injury
by Disease: $500,000 policy limit $100,000 each employee. HCDE shall be named
as an "additional insured" on workers' compensation policy.
B. Commercial General Liability Occurrence Form including, but not limited to,
Premises and Operations, Products Liability Broad Forrn 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 Aggregate Limit
$500,000 per Job Aggregate
• $300,000 Personal and Advertising Injury Limit
HCDE shall be named as an "additional insured" on commercial general
policy.
C. Automobile Liability Coverage:
liability
• $300,000 Combined Liability Limits Bodily Injury and Property
Damage Combined
HCDE shall be named as an "additional insured" on automobile policy.
05.24.10 Sid UB RPP# l O/039MP Page 28 of 36
t
Attachment #2
CONFLICT of INTEREST DISCLOSURE STATEMENT
HCDE/CFP is rewired 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 HCDEICFP must fill out a Conflict of Interest (questionnaire
(C1Q) 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 person for 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, President
Mr. Louis Evans, III, Vice -President
Mr. Jim Henley
Debra Kerner
Mr. Roy Morales
Mr. Carl Schwartz
Mr. Michael Wolfe
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 SwL/B RFP## 10/039MP Page 29 of 36
j
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes .made to the law by -H.S. 1491, 80th Leg., Regular seeaion. Wrn'
This questionnaire is being filed in accordance with Chapter 176, Local Govemment Code by a Date aeceived
person who has a business relationship as defined by Section 176.001(1-e) with a focal governmental
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 not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.0060, Local
Government Code. An offense under this section is a Class C misdemeanor.
I 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 filed questionnaire.
FORM CIO
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not
later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.)
Name of local government officer with whom tiler has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, 8, C & D) must be completed for each officer with whom the filer has an employment or other
business relationship as defined by Section 17e.001(I-a), Local Government Code..Attech additional pages to this Form CiQ as necessary.
A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment
Income, from the filer of the questionnaire?
[4es o
8. Is the filer of the questionnaire receiving or likely to receive taxable Income, other than investment income, from or at the
direction of the local government officer named in this section AND the taxable income is not received from the local
governmental entity?
qes Eqo
C. Is the tiler of this questionnaire employed by a corporation or other business entity with respect to which the local
government officer serves as an officer or director, or -holds an ownership of 10 percent or more?
q88 o .
D. Describe each employment or business relationship with the local government officer named In this section.
Signature of person doing business with the governmental entity
Date
05.24.10 SWUB R.FP# l 0/039MP Page 30 of 36
Attachment #3
(TEX. ('OVERNMENT CODE & 2155.005)
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 laver; 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 SwL/B RFP# 10/039MP Page 31 of 36
V
�
e
Attachment ##4
CERTIFICATION REGARDING DEBARMENT. SUSPENSION. INELIGIBILITY
eMn vni.irnrreuv Fxri.11.Q1nN.
LOMA 11ER COVERED ][HpjACLQN
�§
This certificate is required by the regulations implementing Executive Carder 12549,
Debarment and Suspension, 7 CFR Part 3017.510, Participants' responsibilities. The
regulations were published as Part Iv of the January 30, 1989, Federal Register (pages 4722-
4733). Copies of the regulations may be obtained by contacting the Department of Agriculture
Agency with which this transaction originated.
1. The prospective lower tier participant certifies, by submission of the proposal, that neither
it nor its principals is presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency.
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 RFC'/Award # or Project Name
Name and Title of Authorized Representative
Signature
05.24.10 5wLB RFP# 101039MP Page 32 of 36
Attachment #5
SAFE MD SECURE SCHOOLS OLICY
It 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:
• N4 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 OFTENDERS 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 SWUB RFP# 10/039MP Page 33 of 36
1 1 s
ci
ial sscunty number
-I.- 4 1 4 1 J
or
Attachment #6
TAXPAYER IDENTIFICATION NUMBER REQUEST
AttachW09 Request for Taxpayer Clive form to the
requester. Do not send
'Rev. February 20051 menu # Identification Number and Certification to the IRS.
Name (as shown on your income tax return)
c3
M Business it
0
Q.
Le p 0 IndividualAble Proprietor U Corporation 0 Partnership ❑ other E From backup
A
0 appropriate LJ
box: LLC riling as Sole Proprietor LLC filing as Cotporadon C] i.LC filing as Partnership withholding
IL Address (number, street, and apt. or suite no.) Requester's name and addreis (optional)
41
City, state, and ZIP code
List account numbcn(s) here (optional)
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line l to avoid backup
withholding. For individuals, this is your social security number (SSN). However, for resident alien, solo proprietor,
or disregarded entity, seethe Part I instructions on page 3. For other entities, it is your employer identification number
MINI If you do not have a number, sea How to get a TIN on page 3.
Note: If the account is In nmr+e than one name, see the chart on page 3 for quid alines on wha w number 10 enter. Euuzpl er identification number
Under penalties of perjury, I certify that:
1. The number shown on this form is my concoct 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 notified by the Intemal Revenue Service
(IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (e) the IRS has notified me that I am no longer
subject to backup withholding, and
2. I am a U.S. person (including a U.S. resident alien).
Certification instructions. You must cross out them 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 mortgago interest paid, acquisition
or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangetnertt (IRA), and generally, payments other than
interest and dividends, you are not required to sign the Certification, but you must provide your correct 71N. (See the instructions on page 3.)
Sign Mere
Signature of
U.S. narson ►
05.24,10 S WL/B RFP# 1 U/U39MP Page 34 of 36
Attachment #7
Prevailina Wane 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
any 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, laws 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
I isted herein.
Chapter 2258 of the Texas Government Code applies to the construction orf 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 htt :lwww.access.apo.gov/davisbacon/. 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 Wage
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 times 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 SwLIB RFP# 10/039MP Page 35 of 36
t �
(a) The contractor who is awarded a contract by a public body or a subcontractor of the
contractor shad 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, S60 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
incurred in the administration of this chapter.
collected under this section to offset the costs
L the awarded Vendor, certify that I am in compliance with ali applicable standards,
orders and/or regulations issued pursuant to the programs sabject to the Davis -Bacon Act
(40 U.S.C. 276a- et seq.), the regulations of the Department of Labor, 29 CFR part 5, and
Texas Government Code Chapter 2258.
Organization's Name
Name and Title of Authorized Representative
Signature Date
05.24. 10 SWUB RFP# 1 o/039MP Page 36 of 36
CFP Ref Edinburg
CFP Ref 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 Ref Richardson
CFP Ref Fort Worth
CFP Ref Waco
CFP RefAustin
CFP Ref Abilene
CFP ReF San Angelo
CFP Ref Amarillo
CFP Ref Lubbock
CFP Ref Midland
CFP Ref El Paso
CFP Ref San Antonio
Crew Travel and Mobilization QUnfity
rim'
Un it prt �gblaggn
1
EA
$10250.00 $1,20.00
1
EA
$0.00 $0.00
1
EA
$0.00 $0.00
1
EA
$0.00 $0.00
1
EA
$0.00 $0.00
EA
$0.00 $0.00
1
EA
$10000.00 $1,000.00
EA
$1,000.00 $1,000.00
1
EA
$1,000.00 U.000.00
1
EA
$0.00 $0.O13
1
EA
$0.00 $0.00
EA
$0.00 $0.00
1
EA
$0.00 $OLW
1
EA
$1,000.00 $10000.00
• 1
EA
$10,250.00 $1,250.00
1
EA
$10250.00 $1,250.00
1
EA
$1,250.00 $1,250.00
1
EA
$11500.W $1,500.00
i
EA
$1,500.00 $1,500.00
1
EA
$0.00 $0.00
* The above Crew Travel and Mobiliatln Prices are applicable to any work In each of the following sections.
Aj Cured -in -place pipe (CIPP)reconstruction of gravity sewers
goo
Unit-C&+
gggn
1
6" x 4.5m n
1
LF
$40.50
$40.50
2
8" x 4.5mrn
1
LF
$31.00
$31.00
3
10" x 6.Omrn
1
LF
$41.50
$41.50
4
12" x 6.Omm
1
LF
$57.50
SS7.50
S
15" x 7.5mm
I
LF
$66.00
$66.00
6
18" x 9.Omm
1
LF
$81.50
$81.50
7
21" x 9.Omm
1
LF
$109.50
$109.50
8
24" x 10.5mm
1
LF
$131.50
$131.50
9
27"x 10.5mm
1
LF
$155.00
$15S.00
10
30" x 12.Omm
1
LF
$182.50
$182.50
11
33" x 12.Omm
1
LF
$204.00
$204.00
12
36" x 12.Omm
1
LF
$244.00
$244.00
13
42" x 13.5mm
2
LF
$285.00
$29&00
14
48" x 15.Omm
1.
LF
$408.00
$408.00
15
54" x 18.Ornm
1
LF
$538.00
$538.00
16
6" & 8" Additional 1.5mm
1
LF
$1.00
$1.00
17
10" & 12" Additional 1.5mm
1
LF
$2.00
$2.00
18
15" & 18" Additional 1.5mm
1
LF
$10.00
$10.00
19
21" & 24" Additional I.Smm
1
LF
$15.00
$15.00
20
27" Additional 1.5mm
1
LF
$25.00
$25.00
21
30" Additional 1.5mm
i
LF
$25.00
$25.00
22
33" Additional 1.5mm
1
LF
$30.00
$30.00
23
36" Additional 1.5mm
1
LF
$30.00
$30.00
24
42" Additional 1.5mm
1
LF
$40.00
$40.00
25
480 Additional 1.5mm
1
LF
$50.00
$50.00
26
54" Additional 1.5mrn
1
LF
$60.W
$60.00
27
6" -10" Backyard Easement Setup Per Install Length
1
LF
$4.00
$4.00
28
12" -18" Backyard Easement Setup Per install Length
1
LF
$10.40
$10.00
29
Timber Matting for Lange Diameter Setup
1
SY
$20.00
$20.00
30
internal Reconnection of service connection by robotic cutter
1
EA
$235.00 $235.00
30A
Sealing of service connection w/chemical grouting after internal
1
EA
$400.00 $400.00
reconnection, minimum quantity of 15 to be completed per mobilization.
Note: Any CIPP over 54" will be on an individual quote basis.
Clean/TV & Evaluation for Gravity Sewers
31 61' -12" Clean & TV 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" Past TV Inspection after Rehabilitation
37 18 - 27" Post TV Inspection after Rehabilitation
38 301' 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 tip 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
SU 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)
S8 Bypass - Street Ramp (Setup, Operate, Maintain)
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
LF
$5.50
$5.50
1
LF
$11.00
$11.00
1
LF
$19.50
$19.50
1
LF
$30.00
$30.00
1
LF
$50.00
$SOPOO
1
LF
$2.50
$2.50
1
Lf
$4.00
$4.00
1
LF
$5.50
$5.50
I
EA
$150.00
$150.00
2
LF
$3.00
$3.00
1
LF
$3.OD
$3.00
1
EA
$1,350.00
$1,350.00
1
LF
$4.00
$4.00
1
EA
$450.00
$450.00
1
EA
$1,050.00
$1,050.00
1
EA
$ s,500.00
$1,500.00
1
EA
$2,650.00
$2,650.00
1
LF
$37.50
$3750
1
LF
$46.50
$46.SO
1
LF
$80.0a
$80.00
1
LF
$110.00
$110.0
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
1
LF
$67.50
$67.50
1
LF
$90.00
$90.00
1
LF
$112.50
$112.50
1
EA
$2,150.00
$Zj 1, SO Oi}
I 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 itemm apply as applicable to sections B thru K and as needed in section A kerns 1-67:
68
Mobilization
1
Day
$14.00
$10.00
69
Pre -Construction Viceo
1
Day
$10000.00
$1,000.00
70
Erosion Control
1
LF
$1.50
$1.50
71
MOT
a) Signage
1
Ea -Month
$1"000.00
$1,OQ0.00
b) Flagmen
1
HR
545.00
$45.00
72
Excavation/Backfiil
-
a) 0-4 feet deep
1
SF
$2.00
$2.00
b) 4-6 feet deep
1
SF
$3.00
$3.00
t
! i
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
5F
$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
B) Pipe Bursting with NDPE for Sewer lines
HDPE DR 17
76
6-inch diameter
1
LF
$35.00 $35.00
77
84nch 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
144nch 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 $1.37.00
Manhole Connections
84
64nch
1
EA
$150.00 $150.00
85
84nch
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
$18500.00 $10S00.00
c) 6-10 feet deep
1
EA
$2,S00.00 $20S00.00
93
6-inch connection
a) 0-4 feet deep
1
EA
$lt200.00 $1,200.00
b) 4-6 feet deep
1
EA
$lo900.W $1,90a.00
c) 6-10 feet deep
1
EA
$2,900.00 $2,900.00
Clean -out Installation
94
44nch
1
EA
$375.00 $375.00
95
6-inch
i
EA
$475.00 $475.00
Sewer Lateral Pipe Bursting
96
4-inch
1
LF
$31.00 $31.00
97
6-inch
1
LF
$3S.00 $35.00
C) Pipe Bursting with Pre -Chlorination for water Twain Replacement Procedure
HDPE DR 11 .
s
1
98 3-inch diameter DIP
98 3-inch diameter DIP
1
LF
$22.00 $22.00
99 4-finch diameter DIP
1
LF
$26.00 $26.00
100 6-inch diameter DIP
1
LF
$35.00 $35.00
101 8-inch diameter DIP
1
LF
$40.00 $40.00
102 10-inch diameter DIP
1
LF
$45.00 $45.00
103 12-inch diameter DIP
1
LF
$50.00 $50.00
Fittings
aj Sends 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
EA
$250.00 $250.00
107 12-inch
1
EA
$300.00 $300.00
bj Tees, Di
109 6x6x4
1
EA
$225.00 $225.00
109 6x6x6
1
EA
$250.00 $250.00
110 SAM
1
EA
$250.00 $25QOO
111 8x8x6
1
EA
$275.00 $275.00
112 8x8x8
1
EA
$300.00 $300.00
113_ 1Ox10x4
1
EA
$300.00 $300.00
114 1Ox1Ox6
1
EA
$300.00 $300.00
115 10xi0x8
1
EA
$350.00 $350.00
116 1OxO=
1
EA
$350.00 $350.00
117 12x12x6
1
EA
$350.00 $350.00
118 12x12x8
1
EA
$35MOd $350.00
119 124240
1
EA
$400.00 $400.00
120 12xi2x12
1
EA
$400.00 $400.00
Gate Valves
121 4-inch
1
EA
$400.00 $400.OD
122 6-inch
1
EA
$900.00 $900.00
123 8-inch
1
EA
$1,500.00 $1,500.00
124 104nch
1
EA
$1.750.00 $10750.00
125 12-Inch
1
EA
$2,500.00 $2,500.00
126 Fire Hydrants
1
EA
$312SO.00 $3,250.00
Connection at Services
aj Up to l" service, short side up to 5-feet
127 64nch main
1
EA
$450.00 $450.00
129 94nch main
1
EA
$475.00 $475.00
129 10-inch 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.W $675.00
133 104nch 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
$550.00 $550.00
136 8-inch main
1
EA
$575.00 $575.00
137 104nch 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 104nch main
1
EA
$800.00 $800.00
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 CIPP lining
150 Z-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
l
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
D} Polyethylene (PE) Sewer Pipe Sllplining
PE Pipe OR 22.5
159 44nch
1
LF
$25.00 $25.00
160 6-inch
1
1F
$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
LF
$45.00 $45M
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 $3S.00
168 8-inch
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
i
LF
$1.50 $1.50
175 8-Inch
1
LF
$2.00 $2.00
176 10-inch
1
LF
$230 $2.50
177 12-Inch
1
LF
$3.00 $3.00
179 8T Test
1
EA
$250.00 $250.00
Flushing
179 4-12Inch
i
LF
$0.50 $0.50
180 Charge Water
1 K-Gals
$0.50 $0.50
J
Dechlorination
181 4-12 inch
1
K-Gals $1.00 $1.00
Fj Trenchless Rehabilitation/Reconstruction of Pipelines and Conduits
Swagelining
a) Camera
182 0-10 inch
1
LF
$1.00 $1.00
183 10-24 inch
1
LF
$1.50 $1.50
184 25.36 inch
1
LF
$2.00 $2.00
185 37-49 inch
1
LF
$2.50 $2.50
186 Over 48 inch
1
LF
$3.00 $3.00
bj Clean
187 0-10 inch
1
LF
$2.50 $2.50
189 10-24Inch
1
LF
$3.00 $3.00
189 25-36Inch
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
6) Pig Cleaning
dj Gauging
192 0-10 inch
1
LF
$1.00 $1.00
193 10-24 inch
1
LF
$1.50 $1.50
194 25-36 inch
1
LF
$2.00 $2.00
195 37-48 inch
1
LF
$2.50 $2.50
196 Over 48 inch
1
LF
$3.00 $3.00
197 ej Obstruction Removal
1
EA
$200.00 $200.00
0 Pipe Liner Insertion
1) PE 4710 DR 32.5
198 4-Inch
1
LF
$10.00 $10.00
199 6-Inch
1
LF
$20.00 $20.00
20D 8-Inch
1
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 $18a00
207 30-Inch
1
LF
$240000 $240.00
208 36-inch
1
LF
$280.00 $280.0D
209 42-Inch
1
LF
$340.00 $340.00
210 48-Inch
1
LF
$400.00 $400.00
2) PE 4710 DR 26
211 44nch
i
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.OD $55.00
216 16-inch
1
LF
$80.00 $80.00
217 18-inch
1
LF
$105.00 $10500
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
221 36-inch
1
LF
$300.00
$300.00
222 42-inch
1
LF
$360.00
$360.00
223 48-inch
i
LF
$420.00
$420.W
3) PE 4710 OR 19
224 44nch
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
i
LF
$90.00
$90.00
230 18•inch
1
LF
$120.00
$120.00
231 20-inch
1
LF
$175.00
$175.00
232 24-inch
Z
IF
$220.00
$220.W
233 30-inch
1
LF
$28000
$280.00
234 36-inch
1
LF
$300.00
$3W.00
235 42-inch
1
LF
$390.00
$380.00
236 48-inch
1
LF
$440.00
$440.00
4) PE 4710 DR 15.5
237 44nch
1
LF
$30.00
$30.00
238 6-inch
1
LF
$35.00
$35.00
239 8-inch
1
LF
$40.00
$40.00
240 104nch
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
1
LF
$130.0a
$130.a0
244 204nch
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 0-12 inch
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 37-48 inch
l
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.W
$2.00
257 25-36 inch
1
LF
$3.00
$3.00
259 37-48 inch
1
LF
$4.00
$4.00
259 Over 48 inch
i
LF
$6.00
$6.00
Blade Scraper Pig
26D 0-12 inch
1
LF
$0.50
$0.50
261 13-24Inch
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
r
1
Materials, Subcontractors and Rentals
265 Markup =15%
266 Sales Taxes = Per Jurisdiction
Labor
267 Executive Supervisor
1 HR
$55.00 $55.00
268 Superintendent
1 HR
$45.00 $4S.00
269 Administrator
1 HR
$25.00 $25.00
270 Crew Chief
1 HR
$40.00 $40.00
271 Equipment Operator
1 HA
$3500 $35.00
272 Pipelayer - Skilled
2 HR
$30.00 $30.00
273 Pipelayer - Helper
I HR
$28.00 $28.00
274 Laborer - Unskilled
1 HR
$25.00 $25.00
ij Directional Drilling & Pipe Installation
275 2-inch
1 LF
$19.00 $19.00
276 4-inch
1 LF
$26.00 $26.00
277 6-inch
l LF
$35.00 $35.00
278 84nch
1 LF
$40.00 $40.00
279 10-inch
1 LF
$55.00 $55.00
280 12-inch
1 LF
$72.00 $72.00
281 14-inch
1 LF
$89.00. $89.00
282 16-inch
1 LF
$100.00 $100.00
293 18-inch
1 LF
$115►00 $115.00
284 20•Inch
I LF
$180.00 $18Q.00
285 24-inch
1 LF
$240.00 $240.00
J) Manhole Rehabilitation
281 All sizes installation of manhole chimney seals
1 EA
$650.00 $650.00
282 All sizes installation of stainless steel manhole Inserts
1 EA
$225.00 $225.00
283 Grouting of heavy infiltration to facilitate manhole rehab for Items 284 & 285
1 EA MH
$1.,500.00 $1,500.00
284 Manhole rehabilitation - cernentitlous
i SQFT
$18.00 $18.00
285 Manhole rehabilitation -epoxy
1 SQFT
$25.00 $25.00
IC} Gravity Sewer CWP lateral Renewal SysteMs
4".6" internal Installation and cure of top hat shaped structure up to 5' from main
286 clVdla • No cleanout required
1 EA
$1,925.00 $11.925.OD
4"-6" internal Installation and cure of top hat shaped structure up to 20' from
287 main <15"dia - Cleanout required
1 EA
$3,200.00 $30200.00
4"4" installation and cure of structural lateral liner from main beyond 20' from
288 main <15" dia
1 LF
$50.00 $50.00
4"-6" installation and cure of structural lateral liner from surface clean out to
289 main
1 LF
$125.00 $125.00
4"-6" Setup charge per line section for installations of <20 total laterals per
290 project
1 EA
$000.00 $1,500.00
291 4"-6" installation of a surface cleanout or access pit for Items #2 & #4
1 EA
$11000.00 $11000.00
"EXHIBIT A"
TR #12481
SIGNATURE PAGES
iy
1
�
r
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, rn its sole
discretion, the document's contents will be incorporated into the final contract.
CONTRACT
between
Farris County Department of education
Vendor. SAK Construction, LLC
M
for
RFP Tfdo: Request; for Proposals For Trenchlees Technology Rehabilitation and
Related items and Services
This Contract is made and entered into by and between Harris County Department of Education
MCDE"), a local governmental entity, having its principal place of business at 6300 Irvington
Boulevard, Houston, Texas 77022 and Vendor Mx Construction, LLc having its
•r•���rrrr.rwrrr wwwwrw.A ■•wwiiw•wr.+rn.rr
principal place of business at r� 03 r N . Cool 8pr n � , o Fay l on, Mo ("Vendor 1). a3 s a s
■ ��11�IAr rrIIIA4 r rr■rl t/\ - F r..+ w Y�wrr•rr r••.rr���rta
This Contract consists of the terms and conditions set forth below, including provisions of all
attachments referenced herein, Request for Proposal # zo 03 ("UP"), and vendor's
complete response to the RFP.. Vendor agrees and understands that. this Contract may be used
by governmental agencies and eligible orgenliations participating in HCDE's Choice Facility
Partners C'CFP") cooperative purchasing program (collectively, "CFP members").
x AND MMUQNS
I. Contract Teri -us and COMA41ilons
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 affect 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 SWUH RFP# 10/039MP Page 9 of 36
48. Entire Ag ree a �t
The Contract, including any and all exhibits attached hereto, the Rand 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 rotating hereto and which may be issued by Vendor after
the Effective Date of this Contract.
49. Notices
Any notice provided under the terms of this Contract by either party to the other shall be
in writing and may be affected by certified mail, return receipt requested. Notice shall
be sufficient if made or addressed to the party at the address listed in the signature line of
this contract. Each party may change the address at whioh notice may be sent to that
patty by giving notice of such change to the other party by certified mail, return receipt
requested.
50. ion
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. Cortficts; QmDfinnce
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 sui nnission. To the extent that the terms and
conditions of the RFP conflict with any portion of "Vendor's submission, the teems and
conditions of the RFP shall control over any conflicting terra 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 meetWagrees with all of the above terms and
conditions s
ed in this
Company name SAK Construction, LLC
Address 103 NF . Cool Springs
City/State/Zip O' Fallon, MO 63366
TelephoneNo. 636-379-2350 ext. 13
Fax No. 636-379-2462
E,.mall address bhirtzesakconst . com
05.24.1 o SWL/B RFP# 1 a/039A P Page 18 of 36
O
Authorized signatui
Printed narn
FOSition with COMPany Vice President
Sales Representative Marl le Kuhnmuen+ch
Email Address charliekftakconet, cony
wed? site GIRL www • sak- co struction. corn
Accepted by HCDE
Term of Contract 10/19/2010 to 10/18/2011
Unless otherwise Mated, this Contract is for a pniod of one (1) year W& an option to
renew annually for an additional four (4) ymm if age to by HCDEICFP and the
awarded Vendor. Vendor shall honor all 'pat fe for sates resulting �irorn
this Contract whether Vendor is awards ewal or not
HCDE Authorised Signature
Print Name Jesus Amscue
J� 9
Superintendent of 8ucsluess Sexviess
Appmed by Hands County Dqmrbi# of Iduc adon'
Job Contract No. -10/0 9"--Ol
05.24.10 SWL/B
RFP# 101039
Page 19 of 36
"EXHIBIT B"
TR #12481
March 28, 2014
Mr. Scott London
Operations Manager
City of Tamarac
10101 State Street
Tamarac, FL 33321-6428
RE: SAK CIPP Prices using the Choice Facility Partners Contract # 10/0 9MP-01
Dear Scott,
941.723.2701 bw
5201 Blue Lagoon Drive
8th Floor
Miaini. FL 33126
SAS Construction, LLC is pleased to offer the City of Tamarac these prices for Cured -In -
Place lining for mainline, services laterals and manholes. Prices are from our Choice Facility
Partners Contract # 1O1039MP-01. As stated in the bid documents, (page 8 #12) we are offering
discounts from the stated prices on our low bid contract.
ITEM
A 2. & 15CIPP--811 xmrn
31. Light Clean/CCTV
30A. Reconnect Lateral
44. Sy -bass (if necessary)
C F P Price
$ 32.00 LF
5.50 LF
400.00 EA
$ 450,00 EA
Discount 'Price
26.00
LF
$
0.00
LF
50.00
EA
.00
LF
Total per linear foot $ 26.00 LF plus $SU, a each lateral Reconnect
ITEM
S} 3. CIPP - 10" x 6mm
31. Light Clean/CCTV
30A. Reconnect Lateral
44. Sy -Pass (if necessary)
CFP Prue
$ 41.50 LF
$ 5.50 LF
400,00 EA
$ 450.00 EA
Discount Price
$
28.00
LF
$
0.0O
LF
$
50.00
EA
$
.00
LF
Total per linear foot $ 28.00 LF plus $50.00 each lateral Reconnect
t4) 285 4% 5" Internal installation and cure of tap hat up to 5' from mein
CFP Price Discount Price
$1,925.00 $11735.00
287 4% 6" Internal installation and cure of top hat up to 20' from main
+Cl'wP Price
$3,2O0.00
J) Manhole Rehabilitation
284 Cementitious
285 Epoxy
UP Price
$ 18.00 SOFT
$ 25.00 SCSI=T
Discount Price
$2,85O.00
Discount Price
$ 13.30
$ 22.00
r:.j�:'f #s.
t.
INCLUSIONS
• Pipeline cleaning, televising and service connection identification
• CIPP Installation.
• CCTV Acceptance Inspection DVD
• Traffic Control (Cones Only)
• Price includes one mobilization
EXCLUSIONS:
A Any special insurance required, i.e., railroad protective insurance
Point repairs
• Access to hydrants for water within 500 ft of the installation point
• Permits
• Performance and Payment Bonds
• Bypass Pumping above and beyond the use of a 4" pump
Payment Terms:
�► Net 30 days after receipt of an invoice
• Partial monthly payments will be requested
• Final Payment in full within 30 days of completion of SAK work
We appreciate the opportunity to work with the City of Tamarac. Please call if you have any
questions.
Respectfully;
Gordon Marshall
Atlantic Area Business Development
CC: Clayton Washburn
Jeff oberhofer
786M5.1 b02 te:
941.723.2701 jaX
5201 Blue Lagoon Drive
Sth floor
Miam. Ft 33126
i EXHIBIT C
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
SAK CONSTRUCTION, I.I.C.
THIS AGREEMENT is entered into on 20 between the
City of Tamarac, a municipal corporation with principal Aces 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 and conditions.
1. In return for valuable consideration in an amount not to exceed One Million Nine
Hundred Fifty Thousand Dollars and no cents ($1,950,000.00), 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-01
attached hereto as Exhibit A. All terms and conditions of the contract documents set
forth in Exhibit A are incorporated herein as if set forth in full, except as modified by the
proposal specific to the City of Tamarac as set forth in Exhibit B dated March 28, 20141
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-01 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. Te rm :
The term of this Agreement shall be for a one (1) year period effective on the date of
approval of this Agreement. The City reserves the right to renew this Agreement in one
(1) year increments, in the event that the Agreement is renewed by the Choice Facility
Partners (CFP) a division of Harris County (Texas) Department of Education (HCDE).
4. This agreement, Exhibit A and Exhibit B constitute the entire agreement between the
City and the Contractor. In the event of a conflict between these documents, this
Agreement shall prevail, followed in precedence by Exhibit B and Exhibit A in that order.
5. Insurance: In addition to the insurance requirements stated in the Choice Facility
Partners (CFP) Agreement, Contractor shall obtain at Contractor's expense all
necessary insurance in such form and amount as specified in the original bid document
or as required by the City's Risk and Safety Manager before beginning work under this
Agreement including, but not limited to, Workers' Compensation, Commercial General
Liability, and all other insurance as required by the City. Contractor shall maintain such
insurance in full force and effect during the life of this Agreement. Contractor shall
provide to the City's Risk and Safety Manager Certificates of all insurances required
under this section prior to beginning any work under this Agreement. The Contractor will
ensure that all subcontractors comply with the above guidelines and will retain all
necessary insurance in force throughout the term of this agreement. The following
minimal insurance coverage shall be provided:
1
a. Worker's Compensation Insurance: The Contractor shall procure and maintain
for the life of this Agreement, Workers' Compensation. Insurance covering all
employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer's Liability with limits meeting all applicable
state and federal laws. This coverage must extend to any sub -consultant that
does not have their own Workers' Compensation and Employer's Liability
Insurance. The policy must contain a waiver of subrogation in favor of the City
of Tamarac, executed by the insurance company. Sixty-(60) day notice of
cancellation is required and must be provided to the City of Tamarac via
Certified Mail.
b. Comprehensive General Liability: The Contractor shall procure and maintain,
for the life of this Agreement, Comprehensive General Liability Insurance. This
coverage shall be on an "Occurrence" basis. Coverage shall include Premises
and Operations; Independent Contractors' Products and Completed
Operations and Contractual Liability. This policy shall provide coverage for
death, personal injury or property damage that could arise directly or indirectly
from the performance of this Agreement.
c. Business Automobile Liability: The Contractor shall procure and maintain, for
the life of the Agreement, Business Automobile Liability Insurance.
d. The Minimum Limits of Coverage shall be $1,000,000 per occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
e. Professional Liability (Errors and Omissions) Insurance: $1,000,000.
f. The City must be named as an additional insured unless Owners and
Contractors' Protective Coverage is also provided, or required. Sixty (60) days
written notice must be provided to the City via Certified Mail in the event of
cancellation.
g. The minimum limits of coverage shall be $1,000,000 per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This coverage shall be an "Any Auto" type policy. The City must be listed as an
Additional Insured under the Policy. Sixty (60) days written notice must be
provided to the City via Certified Mail in the event of cancellation.
h. In the event that sub -contractors used by the Contractor do not have
insurance, or do not meet the insurance limits, Contractor shall indemnify and
hold harmless the City for any claim in excess of the sub -consultants'
insurance coverage, arising out of negligent acts, errors or omissions of the
sub -contractors.
i. Contractor shall not commence work under this Agreement until all insurance
required as stated herein has been obtained and such insurance has been
approved by the City.
j. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to add
2
the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
6. Indemnification:
a. Contractor shall, in addition to any other obligation to indemnify the City and to
the fullest extent permitted by law, protect, defend, indemnify and hold
harmless the City, its agents, elected officials and employees from and against
all claims, actions, liabilities, losses (including economic losses), costs arising
out of any actual or alleged: a). Bodily injury, sickness, disease or death, or
injury to or destruction of tangible property including the loss of use resulting
therefrom, or any other damage or loss arising out of or resulting, or claimed to
have resulted in whole or in part from any actual or alleged act or omission of
the Contractors, any sub -contractor, anyone directly or indirectly employed by
any of them, or anyone for whose acts any of them may be liable in the
performance of the Work; or b). violation of law, statute, ordinance,
governmental administration order, rule, regulation, or infringement of patent
rights by Consultant in the performance of the Work; or c). liens, claims or
actions made by the Consultant or any sub -consultant under workers
compensation acts; disability benefit acts, other employee benefit acts or any
statutory bar. Any cost of expenses, including attorney's fees, incurred by the
City to enforce this agreement shall be borne by the Consultant.
b. Upon completion of all services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive indefinitely.
c. The Consultant shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
d. City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be
the responsibility of Consultant under the indemnification agreement.
Nothing contained herein is intended nor shall it be construed to waive City's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time.
7. Non -Discrimination & Equal Opportunity Employment:
During the performance of the Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age, national
origin, marital status, political affiliation, familial status, sexual orientation, or disability if
qualified. The Contractor will take affirmative action to ensure that employees are
treated during employment, without regard to their race, color, sex, religion, age, national
origin, marital status, political affiliation, familial status, sexual orientation, or disability if
qualified. Such actions must include, but not be limited to, the following: employment,
promotion; demotion or transfer; recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor shall agree to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause. The
�t3
i
Contractor further agrees that he/she will ensure that Subcontractors, if any, will be
made aware of and will comply with this nondiscrimination clause.
8. Independent Contractor:
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor
under this Agreement and not the City's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's
Compensation Act, and the State Unemployment Insurance law. The Contractor shall
retain sole and absolute discretion in the judgment of the manner and means of carrying
out Contractor's activities and responsibilities hereunder provided, further that
administrative procedures applicable to services rendered under this Agreement shall be
those of Contractor, which policies of Contractor shall not conflict with City, State, or
United States policies, rules or regulations relating to the use of Contractor's funds
provided for herein. The Contractor agrees that it is a separate and independent
enterprise from the City, that it had full opportunity to find other business, that it has
made its own investment in its business, and that it will utilize a high level of skill
necessary to perform the work. This Agreement shall not be construed as creating any
joint employment relationship between the Contractor and the City and the City will not
be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
9. Assignment and Subcontracting:
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
10. Termination:
a. Termination for Convenience: This Agreement may be terminated by the City for
convenience, upon seven (7) days of written notice by the City to the Contractor
for such termination in which event the Contractor shall be paid its compensation
for services performed to termination date, including services reasonably related
to termination. In the event that the Contractor abandons this Agreement or
causes it to be terminated, Contractor shall indemnify the city against loss
pertaining to this termination.
b. Default by Contractor: In addition to all other remedies available to the City, this
Agreement shall be subject to cancellation by the City for cause, should the
Contractor neglect or fail to perform or observe any of the terms, provisions,
conditions, or requirements herein contained, if such neglect or failure shall
continue for a period of thirty (30) days after receipt by Contractor of written
notice of such neglect or failure.
11. Public Records
a. The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes.
The Contractor shall comply with Florida's Public Records Law. Specifically, the
Contractor shall:
n
0"
4
1. Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service;
2. Provide the public with access to such public records on the same terms
and conditions that the City would provide the records and at a cost that
does not exceed that provided in chapter 119, Fla. Stat., or as otherwise
provided by law;
3. Ensure that public records that are exempt or that are confidential and
exempt from public record requirements are not disclosed except as
authorized by law; and
4 Meet all requirements for retaining public records and transfer to the City,
at no cost, all public records in possession of the contractor upon
termination of the contract and destroy any duplicate public records that
are exempt or confidential and exempt. All records stored electronically
must be provided to the City in a format that is compatible with the
information technology systems of the agency.
b. The failure of Contractor to comply with the provisions set forth in this Article
shall constitute a Default and Breach of this Agreement and the City shall enforce
the Default in accordance with the provisions set forth in Section 10
"Termination" herein.
12. Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the
City of Tamarac in the annual budget for each fiscal year of this Agreement, and is
subject to termination based on lack of funding.
13. Venue:
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
14. Signatory Authority:
The Contractor shall
provide the City with copies
of requisite
documentation evidencing
that
the signatory
for
Contractor
has
the authority
to enter
into
this
Agreement.
15. Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
16. No Construction Against Drafting Party:
Each party
to this Agreement expressly
recognizes that this
Agreement results from the
negotiation
process in which
each
party
was represented
by
counsel
and
contributed
to
5
6 v
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 88tn Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
SAK Construction, LLC
864 Hoff Road
O'Fallon, MO 63366
Attn: , Boyd Hirtz Vice- President
(636) 379-2350
(636)-379-2461 Fax
REMAINDER OF PAGE INTENTIONALLY BLANK
0
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
Mayor and City Manager, and CONTRACTOR, signing by and through its Vice -
President duly authorized to execute same.
ATTEST:
CI OF T
Harry Dressler, Maypr
3
nntP
Michael C. Cernech
Pat Teufel, CM `��` .l.••.••••••••.., � '%�
Date
City Clerk
•• C) i
= ; ESTABLISHED: Approved
Date = 1963
• SEAL ••
•
ATTEST:
lue
anager
as to form and legal sufficiency:
,,-r,9 •.,. ..- �-�, amity-Httarney
Signature of Corporate Secretary
Steve Stulce
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
Date
SAK Const
i
LLC.
•.
"� I 1� I t
effffm"weym_ Ilan InIN,
Boyd H i rtz
Type/Print Name of Vice -President
Roy -*I 1 21 . 2-o1
Date
rA
CORPORATE ACKNOWLEDGEMENT
STATE OF
:SS
COUNTY OFl..Q:�.,
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 _7(4day of , 20
AND � � Public
Notary Pu " eor Large
STATE OF MISSOU ISM. 61i r
Commission for St. Charles County
My Commission Expires July 10, 2016
_-Commission 5ftoetamp
Name of Notary Public
Personally known to me or
F-1 Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
❑ DID NOT take an oath.
s