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