HomeMy WebLinkAboutCity of Tamarac Resolution R-2011-057Temp. Reso. #12031
May 5, 2011
Page 1 of 5
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2011--S7
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ACCEPT AND
EXECUTE THE 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 $700,000.00 FOR THE FY11 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 & 1) 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 Utilities chose to utilize available contracts
awarded by other governmental entities for Wastewater Collection System (I & 1)
Rehabilitation, as provided by City Code Section 6-155, which states that the purchasing
officer may utilize contracts with other governmental agencies; and
WHEREAS, the Utilities Department's FY11 locations for sewer main rehabilitation
are located in Fair Haven (Section 11), Green Haven (Section 12), Sunset Isles (Section
Temp. Reso. #12031
May 5, 2011
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13), Heathgate and Sunflower subdivisions and;
WHEREAS, the Choice Facility Partners (CFP) 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, 2011 (a copy of which is attached hereto as "Exhibit A"); and
WHEREAS, both Choice Facility Partners (CFP) and SAK Construction, LLC., have
agreed to extend the terms and pricing of Contract # 10/039MP-01 to the City of Tamarac
for the purpose of completing the FYI Wastewater Main Rehabilitation (I & 1) 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 FYI Wastewater Main Rehabilitation (I & 1) Project as recommended by
the Utilities Department; and
WHEREAS, the Director of Utilities 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 $700,000.00; and
Temp. Reso. #12031
May 5, 2011
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WHEREAS, the Director of Utilities and the Purchasing and Contracts Manager
recommend the acceptance and execution 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
the Agreement with SAK Construction, LLC., utilizing Choice Facility Partners (CFP)
Trenchless Technology Rehabilitation contract, in an amount not to exceed $700,000.00.
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 the agreement for the FYI Wastewater Main Rehabilitation I & I Project with
SAK Construction, LLC., utilizing City of Choice Facility Partners (CFP) issued Contract
#10/039MP-01, valid through October 18, 2011 for an amount not to exceed $700,000.00
Temp. Reso. #12031
May 5, 2011
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(a copy of which is attached hereto as "Exhibit C)
SECTION 3: The Director of Utilities is authorized to approve work tasks in
accordance with the schedule of prices under said contract in an amount not to exceed
$700,000,00.
SECTION 4: The City Manager or his designee is hereby authorized to issue
Change Orders in amounts not to exceed $30,000.00 per Section 6-156 of the City Code,
and to close the contract, which includes but is not limited to making final payment and
releasing bonds per Section 10-156 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.
1
Temp. Reso. #12031
May 5, 2011
Page 5 of 5
SECTION 7: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 1 ', day of
2011.
tl�
PAMELA BUISHNIELL
MAYOR
ATTEST:
ZI
AP 40
ETER M. J. RICH DSON, CRM, C C
CITY CLERK. ``����►►► i i i �,�����
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I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM.
SAM EL S. GOREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE:
MAYOR BUSHNELL 40
DIST 1: COMM. SWENSON
DIST 2: V/M GOMEZ
DIST 3: COMM. GLASS R
DIST 4: COMM. DRESSLER
•
"EXHIBIT A"
TR #12031
6166
CHOICE FACILITY
PARTNERS
Harris County Department of Education
6300 frvington Blvd., Houston, Texas 77022-5.018
RFP # 1 0/039MP
Request for Proposals
For
Trenchless Technology Rehabilitation
and
Related Items and Services
Submittal Deadline and Proposal Opening Deadline:
Tuesday, July 20, 2010, 1:00 PMCDT
Proposals received after the date and time stated above will not be considered
Questions regarding this R1=P 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.choicefacilitypartners.org
05.24.10 sWL/B RFP# 10/039MP Page I of 36
TABLE OF CONTENTS
1.0
Notice of Intention.....................................................................
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...............................................................0..............
20
8.0
Price / Delivery Information.....................................................
21
9.0
Vendor Questionnaire.................................................................
22
10.0
Company Profile.........................................................................
27
11.0
Attachments.................................................................................
28
41— Insurance Requirement...... .........:.........................
28
#2 - Conflict of Interest Disclosure Statement ................... 29
#3 - Antitrust Certification Statements ........................... 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
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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
facilities cooperative purchasing operation known as Choice Facility Partners. The initial term
of the prospective contract is a period of one calendar year, and HCDE may elect to extend any
contract awarded pursuant to this RF'P 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.
0 05.24.10 SWL/B RFP# 10/039MP Page 3 of 36
3.0 INSTRUCTIONS TO PROPOSERS
PROPOSAL RESPONSE FORMAT
1. Required
Proposers shall submit proposals in a three-ring binder using standard letter size paper (8-
1/2 x I 1 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 — Proposers must include all panes of the published proposal
document. Failure to do so may result in non -consideration.
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,(])
electronic copy on compact disc (CD) or USB flash drive shall be provided. The proposer's
submission also shall include:
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RFP# 10/039MP
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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 CI~P members for the particular items(s) or services(s) awarded;
(d) negotiate separately in any manner necessary to serve the best interest of HCDE and/or
CFP members;
(e) make all decisions regarding this RFP, including without limitation, the right to
decide whether a proposal does or does not substantially comply with the
requirements of this RFP; and
(f) withdraw the RFP at HCDE's sole discretion
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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.
1. Ma„rhgt Basks S u ry v
CFP reserves the right to use a "Market Basket Survey" method, based on randomly
selected criteria to determine the most advantageous proposal(s).
2. Comnetitive Range
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. Deviatio0l and Fxcggfions to H,gquirement_a
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. Clarificatign n r Dis �gsions
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.
Questions related to the RFP can be submingd electronically to the email address
provided of to the physical HCDE Purchasing Division address provided no later than
five (5) business days prior to the submittal deadline date. All submitted questions and
answers will be listed on the CFP website. Questions will not be answered verbally or
by j2hone.
5. Estimated Ogantitiies
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 1tFP.
6, iIsgIection & Acceptanr&
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 CtFPt1 10/039MP Page 6 of 36
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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 Erollosals
An HCDE/CFP committee will review and evaluate all proposals on the following
evaluation factors which will be the basis for a recommendation for an award of
contract to the HCDE Board of Trustees.
a. Complies with MWBE / HUB/ SBE requirements
b. Long-term costs to CFP members
c. Meets required needs
d. Purchase Price
e. Quality of proposer's goods and/or services
f. Reputation of proposer and its goods and/or services
g. Value Added benefits
h. Proposer's past relationship with HCDE/CFP and CFP members
i. Proposer's commitment and ability to market the contract
j. Proposer's financial standing
8. Minority p o en's BusigUs. E ter rise MVyBE Historicall d rutilized
Business (HUB) and Small Buein,,„
_ ess. Enterprise (SBE) Particivation
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
forma) signing of a separate contract.
10. Multi& 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.
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1 1. _Non-exclusive Contract
Any contract resulting from this RFP 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. Pricing
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
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.
15.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 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.Oaen 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).
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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 # ("UP"), and Vendor's
complete response to the RFP. Vendor agrees and understands that this Contract may be used
by governmental agencies and eligible organizations participating in HCDE's Choice Facility
Partners ("CFP") cooperative purchasing program (collectively, "CFP members"),
TERMS AND CONDITIONS
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.
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2. 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 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. Termination of Contract
This Contract shall remain in effect until (1) the Contract expires by its terms or (2) the =
Contract is terminated by mutual agreement of HCDE and Vendor. In the event of a
breach or default of the Contract, HCDE reserves the right to 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. Pr vailigg W,gggRates
Vendor and any and all subcontractor(s) shall 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 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 applicable)
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 SWL,/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
Contract, title and risk of loss shall pass upon the later of HCDE or the CFP member's
acceptance of the product or payment of the applicable invoice,
9. Warranty Conditions
All supplies, equipment and services shall include manufacturer's minimum standard
warranty and one (1) year labor warranty unless otherwise agreed to in writing.
10. Cdminpl,Histoa Record Information
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 Sup ort
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 Requirements
(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 SWLiB RFP# 10/039MP Page I I of36
15. Tax Responsibilities 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 Assien}mlent 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 Certificate(s) 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/13 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
any way limit competition or give an unfair advantage over other proposers in the award
of this contract. HCDE is required to comply with Texas Local Government Code
Chapter 176, Disclosure of Certain Relationships with Local Government Officers. Any
entity that does business with HCDE must complete a Conflict of Interest Questionaire
(CIQ) whether or not a conflict of interest exists. Vendor must comply with the conflict
of interest procedures detailed in Texas Local Government Code Chapter 176. See
Attachment #2 to the RFP.
23. Non -Appropriation.
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 sWLB RFP# 10/039MP Page 13 of36
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 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 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. Administralt vg,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. IndemnijX
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 14of36
•
32. Governing Law ana 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 Qnt ct Awar I (if applicable); 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
0 05,24.10 SWUR 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. Sunulemental Agreements
A CFP member and Vendor may enter into a separate, supplemental agreement to further
define the level of service requirements over and above the minimum defined in this
Contract and the RFP, such as invoice requirements, ordering 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. Miscelllineous
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 SWLB RFP# 10/039MP Page 16 of 36
17A
43. No Aeencv 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. Eaual 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. Farce M&ieure
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 SWUB RFP# 10/039MP Page 17 of 36
48. Entire Aereement
The Contract, including any and all exhibits attached hereto, the RFP, and Vendor's
submitted response to the RFP is the entire agreement of the parties and supersedes any
prior or contemporaneous representations, agreements, negotiations, or understandings
between them, whether written or oral, with respect to the subject matter hereof. No
waiver, alteration, or modification of any of the provisions of this Contract shall be
binding unless in writing and signed by duly authorized representatives of the parties
hereto. This Contract supersedes any conflicting terms and conditions on any purchase or
work orders, invoices, checks, order acknowledgements, forms, purchase orders, or
similar commercial documents relating hereto and which may be issued by Vendor after
the Effective Date of this Contract.
49. Notices
Any notice provided 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 mail, return receipt
requested.
50. Captions
The captions herein are for convenience and identification purposes only, are not an
integral part hereof, and are not to be considered in the interpretation of any part hereof.
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 5WL/B
RFP# 10/O39MP
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 Date
Print Name
Approved by Harris County Department of Education
Job Contract No.
05.24.10 SWL/B RFP# 10/039MP Page 19of36
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
Request for Proposal, 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 5WUB RFP# 10/039MP Page 20 of 36
•
8.0 PRICE / DELIVERY INFORMATION
1. Provide price lists and discounts for all items and services you are offering.
2. Provide labor rates for services for regular and overtime periods.
3. List any other value-added services that you provide and pricing.
4. The awarded Vendor and any and all subcontractor(s) agree to comply with all laws
regarding prevailing wage rates including, but not limited to, Texas Government Code
Chapter 2258, applicable to the construction of a public work, and any related federal
requirements, including the Davis -Bacon Act, applicable to this RFP and/or CFP members.
The CFP member shall notify the awarded Vendor of the applicable pricing / prevailing wage
rates and must apply any local wage rates requested. The awarded Vendor and any
subcontractor(s) shall comply with the prevailing wage rates set by the CFP member.
05,24.10 SWL/B RFP# 10/039MP
Note: Please provide any additional value added services offered with pricing.
A complete description of the other services must be identified in order
to be considered.
9.0 VENDOR QUESTIONNAIRE
1. Minority/Women's Business Enterprise (Required by some participating agencies) _
Vendor certifies that this firm is a MWBE ❑Yes nNo
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/CFP 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: 2252.002 _
"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 ONO
City and state of vendor's principal place of business:
3. Felony Conviction Notice (Texas Education Code Section 44.034)
Texas Education Code § 44.034 concerning notification of criminal history of contractors,
provides:
"(a) A person or business entity that enters into a contract with a school district must
give advance notice to )he district if the person or an owner or operator of the
business entity has been convicted of a felony. The notice must include a general
despription of thg conduct resulting in the conviction of a felony,"
"(b) A school district may terminate a contract_ with —a person or business entity if the
district determines that the person or business entity failed to notice as required
05,24.10 SWL/B RFP# 101039MP Page 22 of36
1
by- Subsection (a) or misrepresented the conduct resulting_ in the conviction. The
district must compensate the person or business gntity for services performed before
the termination of the contract."
• "M This section does not apply to a publicly held comer oration."
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:
❑ 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):
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 confirming all purchase orders sent by
HCDE/CFP.
Contact Person
Title
Address: _
City State Zip
Phone: Fax:
Email:
Contact person responsible for sales and marketing:
Contact Person
Title
Address:
City State 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 []No
If answer is no, attach a statement detailing how pricing for CFP members would be calculated.
Pricing submitted includes the required CFP administrative fee.
❑Yes
❑No
Vendor agrees to remit to CFP the required administrative fee.
❑Yes
❑No
Additional discounts for purchase of a guaranteed quantity.
❑Yes
❑No
6. Vendor has E-commerce capabilities.
❑Yes ❑No
7. Distribution Channel: Which best describes your company's position in the distribution
channel:
[] Manufacturer direct ❑ Certified education/government reseller
❑ Authorized distributor ❑ Manufacturer marketing through reseller
�] Value-added reseller ❑ other
05.24,10 SWL/B RFP# 10/039MP Page 24 of 36
•
8. States Covered
Proposer must indicate any state(s) where terms and conditions can be offered.
I states
izona
kansas
orth Dakota
LJAlaska
LJMaryland
❑Pennsylvania
❑California
[]Massachusetts
[]Rhode
Island
❑Colorado
[]Michigan
[]South
Carolina
❑Connecticut
[]Minnesota
❑South
Dakota
[]Delaware
[]Mississippi
[]Tennessee
❑District
of Columbia
❑Montana
[]Texas
❑Florida
[]Nebraska
[]Utah
❑Georgia
❑Nevada
❑
Vermont
[]Hawaii
❑New
Hampshire
[]Virginia
❑Idaho
[]New
Jersey
❑Washington
❑Illinois
[]New
Mexico
❑West
Virginia
❑Indiana
❑New
York
❑Wisconsin
❑Iowa
❑North Carolina
[]Wyoming
If you check the Texas only box — select which CFP ESC Region where terms and conditions
can be offered.
1 Edinburg
❑
8 Mt. Pleasant
❑
15 San Angelo
❑
2 Corpus Christi
❑
9 Wichita Falls
❑
16 Amarillo
❑
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 SWL/B
RFP# 10/039MP
8. Cooperatives
List any other cooperative contracts currently held.
Cooperative
Discount
Offered
Expires
Bu board -- Texas Local Gov't Purchasing Cooperative — Texas
CFP Purchasing.Can erative
The Coo erative PurchasingNetwork TCPN
Houston Galveston Council of Governments Cooperative
Mohave Educational Services Cooperative MESC - Arizona
Cooperative Educational Services (CES) —New Mexico
❑ National Joint Powers Alliance JPA
Western States Contractin Alliance WSCA
U S Communities
❑ Inde endent Colleges and Universities of Texas ICUT)
Educational & Institutional Cooperative Services, Inc. E&I
Texas Department of Information Resources DIR)
TXMAS
CMAS
PEPPM
❑ GSA
Other List S ecigcs
None
05.24.10 SWL/B
RFP# 10/039MP
•
10.0 COMPANY PROFILE
1. Provide your company's official registered name
2. Provide a brief history of your company, including the year established.
3. Provide your company's organization chart.
4. Provide your corporate office location and the location(s) of sales and service offices in
the state(s) relevant to this RFP. Also, include the name(s) of the key contact(s) at each
location with their title, address, phone and fax number, and e-mail address.
5. Provide your company's Dun & Bradstreet (D&B) number and tax identification
number.
6. Attach your latest annual report or audited financial statements.
7. Define your standard terms of payment.
8. Provide a short description (255 characters max) that best describes your company, for
marketing on the front page of Choice Facility Partners' web -page.
9. Provide a website/webpage address that describes the product(s) for which you are
submitting a response to the RFP.
10. Provide your company logo in .cps file format to upload to the Choice Facility Partner's
website and if applicable, provide an online order link.
0 05.24,10 SWL/B RFP# 10/039MP
11.0 ATTACHMENTS
Attachment #1
INSURANCE REQUIREMENTS
Minimum InsuEance Requirements
• The awarded Vendor shall, at all times during the term of this contract, maintain insurance
coverage with not less than the type and requirements shown below. Such insurance is to
be provided at the sole cost of the contractor. These requirements do not establish limits of
the contractor's liability.
• All policies of insurance shall waive all rights of subrogation against 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' Compensadon (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 Form Property Damage,
-
Contractual Liability, Personal and Advertising Injury Liability and where the
exposure exists, coverage for watercraft, blasting collapse, and explosions, blowout,
catering and underground damage.
+ $300,000 each occurrence Limit Bodily Injury and Property
Damage combined
$300,000 Products -Completed Operations 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 liability
policy.
C. Automobile Liability Coverage:
$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 SWL/B RFP# 10/039MP Page 28 of 36
•
Attachment #2
CONFLICT OF INTEREST DISCLOSURE STATEMENT
HCDE/CI~P is required to comply with Texas Local Government Code Chapter 176 and
Disclosure of Certain Relationships with Local Government Officers. This means any
company that does business with HCDE/CFP must fill out a Conflict of Interest Questionnaire
(CIQ) if either of the following situations exist:
1. The vendor has an employment or other business relationship with an HCDE local
government officer or a family member resulting in the officer or family member receiving
taxable income.
2. The vendor has given one of HCDE's local government officers or family member(s) one or
more gifts (excluding food, lodging, transportation, and entertainment) that has an aggregate
value of more than $250 in the twelve month period preceding the date the officer becomes
aware of an executed contract or consideration of the 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 Pitre
Celes Harris
Joanie Rethlake
Les Hooper
Jim Schul
Dean Zajicek
Natasha Truitt
05,24.10 SWL/B RFP# 10/039MP Page 29 of 36
FORM CIQ
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor or other person doing business with local governmental entity
This questionnaire reflects changes made to the taw by M.B. 1491, Both Log., Regular Session.
OFFICE USE ONLY
Date Received
This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a
person who has a business relationship as defined by Section 176.001(1-a) with a local 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 governmental entity not
later than the 7th business day after the date the person becomes aware of facts that require the
statement to be filed. Sae Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, Local
Government Code. An offense under this section is a Class C misdemeanor.
Name of person who has a business relationship with local governmental entity.
2�Check this box if filing to filed
you are an update a previously questionnaire.
(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 filer has employment or business relationship.
Name of Officer
This section (item 3 including subparts A, S, C & D) must be completed for each officer with whom the filer has an employment or other
business relationship as defined by Section 176,001 (1 -a), Local Government Code. Attach 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?
q es Eqo
B. 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?
1:4es Eqo
C. Is the filer 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?
Eqes 1:10
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 SWL/B RFP## 101039MP Page 30 of 36
•
Attachment #3
ANTITRUST CERTIFICATION STATEMENT
(TEX. OVERNMENT CODE F 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 law; and
• Neither I nor any representative of the Company have directly or indirectly
communicated any of the contents of this bid/proposal to a competitor of the Company or
any other company, corporation, firm, partnership or individual engaged in the same line of
business as the Company.
I Proposer
I Address
IFax
Bidder
Signature
Printed Name
Position with Company
Official
Authorizing Bid/Proposal
0 05.24.10 SWL/B RFP# 10/039MP
Signature
Printed Name
Position with Company
Page 31 of 36
Attachment #4
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELI filBILI`1wY
AND VOLUNTARY EXCLUSION -
LOWER TIER COVERED THMSACTIONS
This certificate is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 7 CFR Part 3017.510, Participants' responsibilities. The
regulations were published as Part 1V 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.
l . 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
Name and Title of Authorized Representative
Signature
RFP/Award # or Project Name
05.24,10 SWL/B RFP# 10/039MP Page 32 of 36
011
•
rI
Attachment #S
SAFE AND SECURE SCHOOLS FOLIC
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:
• NO DRUGS, ALCOHOL, OR TOBACCO -- All HCDE and most CFP members'
property and facilities are drug -free zones. No one may use, consume, carry, transport,
or exchange tobacco, cigarettes, alcohol, or illegal drugs while in or on HCDE or CFP
members' property or building. If your company has a drug testing policy, please attach
a copy of the policy.
NO WEAPONS on school grounds with the exception of normal tools used in
construction.
9 CONVICTED CHILD AND SEX OFFENDERS may not work on school grounds.
Vendor(s) must pre -qualify their subcontractors. As an attachment, please explain how you will
make your subcontractors aware of these requirements prior to starting projects.
05.24.10 SWUB
RFP# 10/039MP
Page 33 of 36
i-
Attachment 96
TAXPAYER IDENTIFICATION NUMBER REQUEST
Attach W-9 Request for Taxpayer Give form to the
ment # requester. Do not send --
R. Febru zoos Identification Number and Certification to the IRS.
Name (as shown on your income tax return)
rV
Business n
C
G Check p p ❑ Exempt firm backup
.. Individual/Sole Proprietor Corporation Partnership Other
C $ appropriate-----^�
box: LLC filing as Sole Proprietor LLC riling as Corporation LLC filing. Pmnership withholding
CL y Address (number, street, and apt. or suite no.) Requester's time and address (optional)
Qto City, state, and ZIP code
to
qs List occount numbers) hero (optional)
Enter your TIN in the appropriate box. The TIN provided must match the name given on Line I to avoid backup
withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor,
or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number or
(EIN). If you do not have a number, see How to get a TIN on page 3.
Note: Ifthe account is in more than one name, see the chart on page 3 for guidelines on whose number to enter. Emplo er identification number
Gertiiicatlon
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service _
(IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer
subject to backup withholding, and
3. 1 am a U.S. person (including a U.S. resident alien).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return, For real estate transactions, item 2 does not apply, For mortgage interest paid, acquisition
or abandonment of secured property, cancellation ofdebt, contributions to an individual retirement arrangement (IRA), and generally, payments other than
interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 1)
Sign Here Signature of
U.S. person ► Date ►
05.24.10 SWL/6 RFP# 10/039MP Page 34 of 36
Attachment #7
Prevailing Wage Rates
The awarded Vendor and all subcontractors shall comply with all applicable laws regarding
prevailing wage rates including, but not limited to, Texas Government Code Chapter 2258 and
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
listed herein.
Chapter 2258 of the Texas Government Code applies to the construction of a public work,
including a building, highway, road, excavation, and repair work or other project development
or improvement, paid for in whole or in part from public funds, without regard to whether the
work is done under public supervision or direction. Section 2258.021 mandates that a worker
employed on a public work other than maintenance work by paid not less than the general
prevailing rate of per diem wages for work or a similar character in the locality in which the
work is performed and not less than the general prevailing wage rate of per diem wages for
legal holiday and overtime work. A worker is employed on a public work if the worker is
employed by a contractor or subcontractor in the execution of a contract for the public work
with HCDE.
HCDE has adopted the prevailing wage rate as determined by the U.S. Department of Labor in
accordance with the Davis -Bacon Act (40 U.S.C. § 276a et seq) and its subsequent
amendments, as the prevailing rate of per diem wages in HCDE for each craft or type of worker
needed to execute a public works contract and also for legal holiday and overtime work. See
HCDE Policy CV (Local). The current U.S. Department of Labor wage determination rates for
Texas may be accessed on the Internet at http://www.access,gpo.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 SWL/B RFP# 10/039MP Page 35 of36
(a) The contractor who is awarded a contract by a public body or a subcontractor of the
contractor shall pay not less than the rates determined under Section 2258.022 to a worker
employed by it in the execution of the contract.
(b) A contractor or subcontractor who violates this section shall pay to the state or a political
subdivision of the state on whose behalf the contract is made, $60 for each worker employed
for each calendar day or part of the day that the worker is paid less than the wage rates
stipulated in the contract. A public body awarding a contract shall specify this penalty in the
contract.
(d) The public body shall use any money collected under this section to offset the costs
incurred in the administration of this chapter.
I, the awarded Vendor, certify that I am in compliance with all applicable standards,
orders and/or regulations issued pursuant to the programs subject to the Davis -Bacon Act
(40 U.S.C. 276a et seq.), the Regulations of the Department of 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 SWL/B R1;P# 10/039MP Page 36 of 36
Crew Travel and Mobilization
Quantity
Unit Price
Extension
CFP Reg Edinburg
1
EA
$1,250.00
$1,250.00
CFP Reg Corpus Christi
1
EA
$0.00
$0.00
CFP Reg Victoria
1
EA
$0.00
$0.00
CFP Reg Houston
1
EA
$0.00
$0.00
CFP Reg Beaumont
1
EA
$0.00
$0.00
CFP Reg Huntsville
1
EA
$0.00
$0.00
CFP Reg Kilgore
1
EA
$1,000.00
$11000.00
CFP Reg Mt. Pleasant
1
EA
$1,000.00
$1,000.00
CFP Reg Wichita Falls
1
EA
$1,000.00
$1,000.00
UP Reg Richardson
1
EA
$0.00
$0.00
CFP Reg Fort Worth
1
EA
$0.00
$0.00
CFP Reg Waco
1
EA
$0.00
$0.00
CFP Reg Austin
1
EA
$0.00
$0.00
CFP Reg Abilene
1
EA
$1,000.00
$1,000.00
CFP Reg San Angelo
1
EA
$1,250.00
$1,250,00
CFP RegAmarillo
1
EA
$1,250.00
$1,250.00
CFP Reg Lubbock
1
EA
$1,250.00
$1,250.00
CFP Reg Midland
1
EA
$1,500.00
$1,500.00
CFP Reg El Paso
1
EA
$1,500.00
$1,500.00
CFP Reg San Antonio
1
EA
$0.00
$0.00
•
0
" The above Crew Travel and Mobilization Prices are applicable to any work in each of the following sections. "
A) Cured -In -place pipe (CIPP) reconstruction of gravity sewers
Quan iN
UWJ
Unit Price
f�ensio"
1
6" x 4.5mm
1
LF
$40.50
$40.50
2
8" x 4.Smm
1
LF
$31.00
$31.00
3
10" x 6.Omm
1
LF
$41.50
$41.50
4
12" x 6.Omm
1
LF
$57.50
$57.50
5
15" x 7.Smm
1
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
$155.00
10
30" x 12.0mm
1
LF
$182.50
$182.50
11
33" x 12.0mm
1
LF
$204.00
$204.00
12
36" x 12.Omm
1
LF
$244.00
$244.00
13
42" x 13.5mm
1
LF
$285,00
$285.00
14
48" x 15.Omm
1
LF
$408.00
$408.00
15
54" x 18.0mm
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 1.5mm
1
LF
$15,00
$15.00
20
27" Additional 1.5mm
1
LF
$25.00
$25.00
21
30" Additional 1.5mm
1
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
48" Additional 1,5mm
1
LF
$50.00
$50.00
26
54" Additional 1.5mm
1
LF
$60.00
$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
$10.00
$10.00
29
Timber Matting for Large 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 6" -12" Clean & TV sewer
1
LF
$5.50
$5.50
32 15" - 22" Clean & TV sewer
1
LF
$11.00
$11.00
33 24" - 33" Clean & TV sewer
1
LF
$19.50
$19.50
34 36" & 42" Clean & TV sewer
1
LF
$30.00
$30.00
35 48" & 54" Clean & TV sewer
1
LF
$50.00
$50.00
36 6" -15" Post TV Inspection after Rehabilitation
1
LF
$2.50
$1.S0
37 18" - 27" Post TV Inspection after Rehabilitation
1
LF
$4.00
$4.00
38 30" or Larger Post TV Inspection after Rehabilitation
1
LF
$5.50
$5.50
39 Re -setup for clean & TV Inspection Due to Point Repairs
1
EA
$150.00
$150.00
40 Root Removal
1
LF
$3.00
$3.00
41 Crease Removal
1
LF
$3.00
$3,00
42 Other Remote Obstruction Removal (max. 10 LF)
1
EA
$1,350.00
$1,350,00
43 Above Ground Physical inspection
1
LF
$4.00
$4.00
Bypass. for gravity sewers and associated Items
44 Set Up 4" Pump (Per Pump)
1
EA
$450.00
$450.00
45 Set Up 6" Pump (Per Pump)
1
EA
$1,050.00
$1,050.00
46 Set Up 8" Pump (Per Pump)
1
EA
$1,500.00
$1,500.00
47 Set Up 12" Pump (Per Pump)
1
EA
$2,650.00
$2,650.00
48 Set Up 4" Piping
1
LF
$37.50
$37.50
49 Set Up 6" Piping
1
LF
$46.50
$46.50
50 Set Up 8" Piping
1
LF
$80.00
$80.00
51 Set up 12" Piping
1
LF
S110.00
$110.00
52 Set up 18" Piping
1
LF
$135.00
$135.00
53 Operate 4" Pumping System
1
DAY
$94.00
$94,00
54 Operate 6" Pumping System
1
DAY
$710.00
$710.00
55 Operate 8" Pumping System
1
DAY
$1,135.00
$1,135.00
56 Operate 12" Pumping System
1
DAY
$1,825.00
$1,825.00
57 Bypass - Driveway Ramp (Setup, Operate, Maintain)
1
EA
$460,00
$460.00
58 Bypass - Street Ramp (Setup, Operate, Maintain)
1
EA
$460.00
$460.00
59 Bypass - Street Trenching for 8" Pipe (Setup, Operate, Maintain)
1
LF
$67.50
$67.50
60 Bypass - Street Trenching for 12" Pipe (Setup, Operate, Maintain)
1
LF
$90.00
$90.00
51 Bypass - Street Trenching for 18" Pipe (Setup, Operate, Maintain)
1
LF
$112,50
$112.50
62 Bypass Plan (3rd Party Certified)
1
EA
$2,150.00
$2,150.00
Value Add: Aqua -Pipe CIPP reconstruction of water mains
63
6" diameter liner
1
LF
$80.00
$80.00
64
' 8" diameter liner
1
LF
$91.00
$91.00
65
10" diameter liner
1
LF
$110.00
$110.00
66
12" diameter liner
1
LF
$120.00
$120.00
67
Re -opening of service connections internally
1
EA
$350.00
$350.00
Note: For any required temporary bypass of water service refer to items 86 and 87.
The following Items apply as applicable to sections B thru K and as needed in section A Items 1-67:
68 Mobilization
69 Pre -Construction Viceo
70 Erosion Control
71 MOT
a) Signage
b) Flagmen
72 Excavation/Backfill
- a) 0-4 feet deep
b) 4-6 feet deep
1 Day
$10.00
$10.00
1 Day
S11000.00
$1,000.00
1 LF
$1.50
$1.50
1 Ea -Month
$1,000.00
$1,000.00
1 HR
$45.00
$45,00
1 SF
$2.00
$2.00
1 SF
$3.00
$3,00
c) 6-10 feet deep
1
SF
$4,00
$4.00
73
Trench Shoring
a) 4-6 feet deep
1
LF Trench
$5,00
$5.00
b) 6.10 feet deep
1
LF Trench
$10.00
$10.00
74
Surface Restoration
a) Sod
1
SF
$1.00
$1.00
b) 4-inch concrete
1
5F
$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
5F
$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
$2S.00
$25,00
d) Gravel
1
Ton
$30.00
$30.00
8) Pipe Bursting with HDPE for Sewer Lines
HDPE OR 17
76
6-inch diameter
1
LF
$35.00
$35.00
77
8-inch diameter
1
LF
$40.00
$40.00
78
10-inch diameter
1
LF
$45.00
$45.00
79
12-inch diameter
1
LF
$50A0
$50.00
80
14-inch diameter
1
LF
$72.00
$72.00
81
16-inch diameter
1
LF
$92.00
$92.00
82
18-Inch diameter
1
LF
$114.00
$114.00
83
20-inch diameter
1
LF
$137.00
$137.00
Manhole Connections
84
6-inch
1
EA
$150.00
$150.00
85
8-Inch
1.
EA
$200.00
$200,00
86
10-inch
1
EA
$250.00
$250.00
87
12lnch
1
EA
$300.00
$300.00
88
14-Inch
1
EA
$350.00
$350.00
89
16-inch
1
EA
$400.00
$400.00
90
18-inch
1
EA
$450.00
$450,00
91
20-inch
1
EA
$500,00
$500.00
Sewer Later Connections
92
4-inch connection
a) 0-4 feet deep
1
EA
$950.00
$950.00
b) 4-6 feet deep
1
EA
$1,500.00
$1,500.00
c) 6.10 feet deep
1
EA
$2,500.00
$2,500.00
93
6-inch connection
a) 0-4 feet deep
1
EA
$1,2000
S1,200.00
b) 4-6 feet deep
1
EA
$1,900.00
$1,900.00
c) 6-10 feet deep
1
EA
$2,900.00
$2,900.00
Clean -out Installation
94
4-inch
1
EA
$375.00
$375.00
95
6-inch
1
EA
$475.00
$475.00
Sewer Lateral Pipe Bursting
96
4-inch
1
LF
$31.00
$31,00
97
6-inch
1
LF
$15.00
$35.00
C) Pipe Bursting with Pre -Chlorination for Water Main Replacement Procedure
HDPE DR 11
98
3-inch diameter DIP
1
LF
$22.00
$22.00
99
4-inch 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
S45.00
$45.00
103
12-inch diameter DIP
1
LF
$50.00
$50.00
Fittings
a) Bends and sleeves, DI
104
6-inch
1
EA
$150.00
$150,00
105
8-inch
1
EA
$200.00
$200.00
106
10-inch
1
EA
$250.00
$250.00
107
12-inch
1
EA
$300.00
$300.00
b) Tees, DI
108
6x6x4
1
EA
$225.00
$225.00
109
6x6x6
1
EA
$250.00
$250.00
110
8x8x4
1
EA
$250.00
$250.00
111
8X8x6
1
EA
$275.00
$275.00
112
8x8x8
1
EA
$300.00
$300.00
113
10x10x4
1
EA
$300.00
$300.00
114
10x10x6
1
EA
$300.00
$300.00
115
10x10x8
1
EA
$350.00
$350.00
116
10x10x10
1
EA
$350.00
$350.00
117
12xl2x6
1
EA
$350.00
$350.00
118
12x12x8
1
EA
$350.00
$350.00
119
12x12x10
1
EA
$400.00
$400.00
120
12x12x12
1
EA
$400.00
$400.00
Gate Valves
121
4-inch
1
EA
$400.00
$400.00
122
6-inch
1
EA
$900.00
$900.00
123
8-inch
1
EA
$1,500.00
$1,500.00
124
10-inch
1
EA
$1,750.00
$1,750,00
125
12-inch
1
EA
$2,500.00
$2,500.00
126
Fire Hydrants
1
EA
$3,250.00
$3,250.00
Connection at Services
a) Up to 1" service, short side up to 5-feet
127
6-inch main
1
EA
$450.00
$450,00
128
8-inch 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
b) Up to 2" service, short side up to 5-feet
131
6-inch main
1
EA
$650.00
$650.00
132
8-inch main
1
EA
$675,00
$675.00
133
10-inch main
1
EA
$700.00
$700.00
134
12-inch main
1
EA
$750.00
$750.00
c) Up to 1" service, long side up to 30-feet
135
6-inch main
1
EA
$550.00
$550.00
136
8-Inch main
1
EA
$575.00
$575,00
137
10-inch main
1
EA
$600.00
$600.00
138
12-Inch main
1
EA
$650.00
$650.00
d) Up to 2" service, long side up to 30-feet
139
6-inch main
1
EA
$750.00
$750.00
140
8-inch main
1
EA
$775.00
$775.00
141
10-inch main
1
EA
$800.00
$800.00
142
12•inch main
1
EA
$850.00
58S0.00
e) 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
5S,000.00 -
149
12-inch
1
EA
$7,000.00
$7,000.00
Bypass for water main pipe bursting or cIPP lining
150
2-inch temporary
1
LF
$23 00
$23 00
151
4-inch temporary
1
LF
$26.00
$26.A0
152
6-inch temporary
1
LF
$31.00
$31,00
Temporary service connections for water main bypass
153
2-inch short side
1
EA
$275.00
$275.00
154
2-inch long side
1
EA
$375.00
$375.00
155
4-inch short side
1
EA
$300.00
$300.00
156
4-inch long side
1
EA
$400.00
$400.00
157
6-inch short side
1
EA
$325.00
$325.00
158
6-inch long side
1
EA
$425.00
$425.00
U) Polyethylene (PE) Sewer Pipe Sliplining
PE Pipe DR 22.5
159
4-inch
1
LP
$25.00
$25.00
160
6-inch
1
LF
$30.00
$30.00
161
8-inch
1
LF
$35.00
$35.00
162
10-Inch
1
LF
$40,00
$40.00
.
163
12-inch
1
LF
$45.00
$45.00
164
Annular Space - Grouting
1
CY
$300.00
$300.00
165
E) 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
$3S.00
$35.00
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
1
LF
$1.50
$1.Stl
175
8-Inch
1
LF
$2.00
$2.00
176
10-inch
1
LF
$2.50
$2.50
177
12-inch
1
LF
$3,00
$3,00
178
BT Test
1
EA
$250.00
$250.00
Flushing
179
4.12 inch
1
LF
$0,50
$0.50
180
Charge Water
1
K-Gals
$0.50
$0.50
221
36-inch
1
LF
$300.00
$300.00
222
42•inch
1
LF
$360.00
$360.00
223
48-inch
1
LF
$420.00
$420,00
3)PE4710DR19
224
4-inch
1
LF
$25.00
$25.00
225
6-inch
1
LF
$30.00
$30.00
226
8-inch
1
LF
$35.00
$35.00
227
10-inch
1
LF
$45.00
$45.00
228
12-inch
1
LF
$60.00
$60.00
229
16-inch
1
LF
$90.00
$90.00
230
18-inch
1
LF
$120.00
$120.00
231
20-inch
1
LF
$175.00
$175.00
232
24-inch
1
LF
$220.00
$220.00
233
30-inch
1
LF
$280.00
$280.00
234
36-inch
1
LF
$300.00
$300.00
235
42-inch
1
LF
$380.00
$380.00
236
48-Inch
1
LF
$440.00
$440.00
4) PE 4710 DR 15.5
237
4-inch
1
LF
$30.00
$30.00
238
6-Inch
1
LF
$35.00
$35.00
239
8-inch
1
LF
$40.00
$40.00
240
10-inch
1
LF
$50.00
$50.00
241
12-Inch
1
LF
$65.00
$65.00
242
16-inch
1
LF
$100.00
$100.00
243
18-inch
1
LF
$130.00,
$130,00
244
20-inch
1
LF
$190.00
$190.00
245
24-inch
1
LF
$240.00
$240.00
246
30-inch
1
LF
$310.00
$310.00
247
36-inch
1
LF
$330.00
$330.00
248
42-inch
1
LF
$400.00
$400.00
249
48-inch
1
LF
$460.00
$460.00
G) Pig
Cleaning
Foam Pig
250
0-12 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
37-48Inch
1
LF
$3.50
$3.50
254
Over 48 inch
1
LF
$5.00
$5.00
Wire Bullet Pig
255
0-12 inch
1
LF
$1.00
$1.00
256
13-24 inch
1
LF
$2.00
$2,00
257
25-36 inch
1
LF
$3.00
$3.00
258
37-48 inch
1
LF
$4.00
$4.00
259
Over 48 inch
1
LF
$6.00
$6.00
Blade Scraper Pig
260
0-12 inch
1
LF
$0.50
$0.50
261
13.24 inch
1
LF
$1.50
$1.50
262
25-36 inch
1
LF
$2.50
$2.50
263
37-48 inch
1
LF
$3.50
$3.50
264
Over 48 inch
1
LF
$5.00
$5.00
H) Time and Material Unit Rates for Change Orders
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
S45.00
269
Administrator
1
HR
525.00
$25.00
270
Crew Chief
1
HR
$40.00
$40.00
271
Equipment Operator
1
HR
$35.00
$35.00 -
272
Pipelayer - Skilled
1
HR
$30.00
$30.00
273
Pipelayer-Helper
1
HR
$28.00
$28.00
274
Laborer - Unskilled
1
HR
$25.00
$25.00
1) 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
1
LF
$35.00
$35.00
278
8-inch
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
283
18-inch
1
LF
$115.00
$115.00
284
20-inch
1
LF
$180.00
$180.00
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 - cementitious
1
SQFT
$18.00
$18.00
285
Manhole rehabilitation - epoxy
1
SQFT
$25.00
$25.00
K) Gravity
Sewer CIPP Lateral Renewal Systems
4"-6" Internal installation and cure of top hat shaped structure up to S' from main
286
<15"dia - No cleanout required
1
EA
$1,925.00
$1,925.00
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"-6" Installation and cure of structural lateral liner from main beyond 20' from
288
main <35" 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" Set-up charge per line section for installations of <20 total laterals per
290
project
1
EA
$1,500.00
$1,500.00
291
4"-6" installation of a surface cleanout or access pit for Items N2 & q4
1
EA
$1,000.00
$1,000.00
"EXHIBIT A"
TR #12031
SIGNATURE PAGES
5.0 CONTRACT TERMS AND CONDITIONS
The teens 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
Vendor: SAX Construction, LLC
and
for
F,P? Title: Request for Proposals For Trenchlese Technology Rehabilitation and
Related Items and Services
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 SAX Construction, LLC having its
principal place of business at �03 N. cool springs, o' Fallon, MO ("Vendor"). 63366
This Contract consists of the terns and conditions set forth below, including provisions of all
attachments referenced herein, Request for Proposal # 20 039MP ("RFP"), and Vendor's
complete response to the RFP. Vendor agrees and understands that this Contract may be used
by governmental agencies and eligible organisations participating in HCDE's Choice Facility
Partners ("CFP") cooperative purchasing program; (collectively, "CFP members").
TERMS AND C!2MTIONS
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 SW1./B
0
RFP# 10/039MP
Page 9 of 36
48. Entire Aareement
The Contract, including any and all exhibits attached hereto, the RFP, and Vendor's
submitted response to the RFP is the entire agreement of the parties and supersedes any
prior or contemporaneous representations, agreements, negotiations, or understandings
between them, whether written or oral, with respect to the subject matter hereof, No
waiver, alteration, or modification of any of the provisions of this Contract shall be
binding unless in writing and signed by duly authorized representatives of the parties
hereto. This Contract supersedes any conflicting terms and conditions on any purchase or
work orders, invoices, checks, order acknowledgements, forms, purchase orders, or
similar commercial documents relating hereto and which may be issued by Vendor after
the Effective Date of this Contract.
49. Notices
Any notice provided 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 mail, return receipt
requested.
50. Captions
The captions herein are for convenience and identification purposes only, are not an
integral part hereof, and are not to be considered in the interpretation of any part hereof.
Q51. 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 SAX Construction, LLC
Address 103 N. Cool Springs
City/State/Zip 0' Fallon, MO 63366
Telephone No. 636-379-2350 ext. 13
Fax No. 636-379-2461
Qlrmall address bhirtzesakconst. com
05.24.10 SWL/B RFP# 101039W Page 18 of 36
Authorized signature ,
40 Printed name Boyd rt:z
Position with company Vice President
Sales Representative Charlie Kubnmuench
Email Address charliekeeakconst. com
Web site LM www, eak-construction. com
Accepted by HCDE
Term of Contract--.10/19/2010 . to 10/18/2011
Unless otherwise stated, this Contract is for a period of one (1) year with an option to
renew annually for an additional four (4) years if agreed to by HCDE/CFP and the
awarded Vendor. Vendor shall honor all artialipaxion &q for sales resulting from
this Contract whether Vendor is award ewaI or not,I
ti IQ
HCDE Authorized Signature/7)qA 1
Date
Print Name Jesus Amezcus.si.stant Superintendent of Business Serviees
Approved by Harris County Depuftent of Education
Job Contract No. 1o/o39w-01
05.24,10 SWUB
RFP# 1 oro39A P
Page 19 of 36
Local Office
National Headquarters Jerry Shaw
'44w SAK
3522 US 4 f North
864 Hoff Rd. President
Palmetto, FL 34221
UFallon, MO 63366 RobenA"der
CONSTRUCTION LLC
941,723,2080 telephone
636,379.2350 telephone
VMe010Mdn
PIPE REHAfBLITATIONAND
941.723.2701 fox
6 ww.s9 -cart fox
72461
wwwsak conswction.com Tom Kallshman
TUNNEL CONTRACTOR
Qmimwn
May 3, 2011
"EXHIBIT B"
TR #12031
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 # 10/039MP-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 CFP Price Discount Price
A) 2. & 16 CIPP -- 8" x 6mm $ 32.00 LF $ 24.00 LF
31, Light Clean/CCTV $ 5.50 LF $ 1.00 LF
30A. Reconnect Lateral and Grout $ 400.00 EA $ 150.00 EA
44. By -Pass (if necessary) $ 450.00 EA $ .25 LF
Total per linear foot $ 25.25 LF plus $150.00 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
$3,200.00 $2,795.00
INCLUSIONS
• Pipeline cleaning, televising and service connection identification
• CIPP Installation.
• CCTV Acceptance Inspection DVD
• Traffic Control (Cones Only)
• Price includes one mobilization
An Equal Opporwnky &Weyer
Local Me
National Headquarters
Jerry Slaw
SAK
3522 US 41 North
864 Hof Rd.
President
Palmetto, FL 34221
O'Fallon, MO 63366
RobartAffholder
941,723,2080 telephone
636.379.2350 telephone
CONSTRUCTION LLC
941.723.2701 fox
636.379.2461 fax
Vice bertha an
PIPE REHABUTATION AND
www.sak-onsb-uc*n.com
Tom Kallshman
TUNNEL CONTRACTOR
CWffnan
EXCLUSIONS:
• Any special insurance required, i.e., railroad protective insurance
• Point repairs
• Access to hydrants for water within 500 ft of the installation point
• Permits
• Performance and Payment Bonds
• Bypass Pumping 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
Southeast Area Manager
�i
An Equal OpportuniW Employer,
"EXHIBIT C"
TR #12031
City of Tamarac Purchasing and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
SAK CONSTRUCTION, LLC.
THIS AGREEMENT is entered into on 20 between the
City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88`' Avenue,
Tamarac, Florida 33321 (City) and SAK Construction, LLC, a Missouri limited liability company
duly registered as a Florida Foreign Corporation, with principal offices located at 864 Hoff Road,
O'Fallon, Missouri 63366(the "CONTRACTOR") to provide for Cured -in -Place Pipe Lining
Repairs to the City of Tamarac Wastewater Collection System Infiltration & Inflow infrastructure
project. The parties hereby agree to the following terms and conditions.
In return for valuable consideration in an amount not to exceed $700,000.00, 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 ExhlbLt 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
May 3, 2011, 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 E hi it A and Exhibit B shall be
deemed as having been implemented for use within the City of Tamarac. It is
understood that wherever the words "agency name" or "agency board name" appear,
they shall be read as "City of Tamarac" and "City of Tamarac Commissioners".
3. Term:
The term of this Agreement shall be for a one (1) year period effective on the date of
approval of this Agreement. The City reserves the right to renew this Agreement in one
(1) year increments, in the event that the Agreement is renewed by the Choice Facility
Partners(CFP) a division of Harris County(Texas) Department of Education(HCDE).
4. This agreement, Exhibit A and Exhibit B constitute the entire agreement between the
City and the Contractor. In the event of a conflict between these documents, this
Agreement shall prevail, followed in precedence by Exhibit B and Exhibit A in that order.
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:
•
•
City of Tamarac Purchasing and Contracts Division
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) days 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
City of Tamarac Purchasing and Contracts Division
insurance. Contractor's Liability Insurance policies shall be endorsed to add
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,
! _I Ell'illf.11
City of Tamarac Purchasing and Contracts Division
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause. The
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. Agreement Subject to Funding
City of Tamarac Purchasing and Contracts Division
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.
12. 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.
13. 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.
14. 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.
15. 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
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.
16. 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 88'h Avenue
Tamarac, FL 33321
With a copy to City Attor_ney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
0 City of Tamarac
CONTRACTQR
SAK Construction, LLC
864 Hoff Road
O'Fallon, MO 63366
Attn: , Boyd Hirtz Vice- President
(636) 379-2350
(636)-379-2461 Fax
and Contracts Division
REMAINDER OF PAGE INTENTIONALLY BLANK
•
City of Tamarac Purchasing and Contracts 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 CONTRACTOR, signing by and through its Vice -
President duly authorized to execute same.
ATTEST:
Deter Richardson, CRM, CMC
City Clerk
Date
ATTEST:
tSIJ
Signature of Corporate Secretary
CITY OF TAMARAC
Pamela Bushnell, Mayor
Date
Michael C. Cernech, City Manager
Date
Approved as to form and legal sufficiency:
Samuel S. Goren, City Attorney
Date
Steve Stulce Boyd Hirtz
Type/Print Name of Corporate Secy. Type/Print Name of Vice -President
Sii!
(CORPORATE SEAL) Date
7
0
_._-. `
City of TamaracPurchasing and Contracts division
CORPORATE ACKNOWLEDGEMENT
STATE OF MiSSQvr't
55
COUNTY OF !�- Char I'e-S::
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 Limited liability 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 Q. day of 20JL.
0 1 Oa►bara Trench
Notary Public Notary $eal
Stole of Missouri County of St Cherte>:
My C 0 mirm son 01012626ires ti12014
a. ice�
Signature of Notary Public
State of Missouri at Large
�Gti'��r�! r�•,��,
Print, Type or Stamp
Name of Notary Public
Er Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
2 DID NOT take an oath.
Client#: 58283 SAK
ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATDIYYYY)
5/1212o21Z011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poilcy(tes) must be endorsed. If SIjBROCiAT10N IS _ _ WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
J. W. Terrill, Inc.
825 Maryville Centre Dr. #200
Chesterfield, MO 63017
314 594-2700
INSURED
SAK Construction, LLC
864 Hoff Road
O'Fallon, MO 63366
Nancy Schwar
Il); 314.594-2661 No
nachwer@jwtorrill.com
g, Catlin Specialty Insurance Co
r
COVERAGES cERTIF'ICATIA NUMBtK: Kr-VPu1UN NUMOCK:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE 13EEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ADUL Walk
...... ........._.... .. ... _.....__.... ... .... _P L Poo��,,11CCY B%P ....�,..----.......— ._
L7R TYPE OF INSURANCE N POLICY NUMBER MMNOIYYYY LIMITS
A GENERAL LIABILITY CPP2063577 D810212010 08/02/2011 EACH OCCURRENCE $1 000 000 ,......_.
X COMMERCIAL GENERAL LIABILITY ��MAGE TENTEO
_—�M._�5._E8_Aa.P_occurran a 5300.000.......--.___.
_ CLAIM&MADE �.IOCCUR M_EDEXP(Allymepansan s10rOn0 _
PERSONAL & ADV INJURY $1.000.000
OEML AGGREGATE LIMIT APPLIES PER:
POUCY x PRE LCC
_
q
_
AUT000131LE UABILnY
CA2063576
0810212010
08/02/201
X ANY AUTO
ALL OWNED SCHEDULED
X HIREDAUTOSAUTO5 j( noN-OWNED
AUTOS
B
UMBRELLA LIAa OCCUR
XSC964710811
8102/2010
08/021201
�( EXCESS LIAR Cl AIMS.MADF
A WORKERS COMPENSATION WC2063578 �8102/2010108/021201
AND EMPLOYERS' LIABILITY Y I N
ANY PROPRIETORIPARTNEPJEXECUTIVE�
OFFICERIMEMBER EXCLUOED7 L '^J N I A
(Mandatory in NH)
E
BOD% Y INJURY iFer person) S
BO ", INJURY (Per acadent) 5
PROPERTY gAMAGE S
_(Per @cei., __nil.........._.,....._—� ...._..-
3
I E.L. EACH ACCIDENT 151.000.000 1
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Add4lanal Remarks Schedule,11 more apace is required)
RE: City of Tamarac Contract #101039MP-01 CIPP Lining Repairs to the City of Tamarac Wastewater Collection
System Inftlitration & Inflow Infrastructure Project
City of Tamarac FL is Included as Additional Insured for General Liability and Automobile Liability with
respect to work performed by the Named Insured at the above referenced job, if required by written
contract. A Waiver of Subrogation is granted for Workers Compensation coverage In favor of the additional
(See Attached Descriptions)
City of Tamarac, FL SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
10101 State Street ACCORDANCE WITH THE POLICY PROVISIONS.
Tamarac, FL 33321-6428
AUTHORIZED REPRESENTATIVE
%I a r) J- .
®1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S513540IM499073 NAS
No Text
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
EARLIER NOTICE OF CANCELLATION
PROVIDED BY US - MISSOURI
Number of bays Notice 60
(Total days of notice not to be less than 80 days)
For any statutorily permitted reason other than nonpayment of premium, the number of days required
for notice of cancellation Is Increased to the number of days shown in the Schedule above.
If this policy is cancelled by us we will send the Named Insured and any party listed in the following
schedule notice of cancellation based on the number of days notice shown above.
SCHEDULE
Name of Person or Organization City of Tamarac, FL
Mailing Address 10101 State Street
Tamarac, FL 33321-6428
•
IL 70 49 06 07
City of Tamarac
and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
SAK CONSTRUCTION, LLC.
THIS AGREEMENT is entered into on 20 between the
City of Tamarac, a municipal corporation with principal o ces located at 7525 NW 881" Avenue,
Tamarac, Florida 33321 (City) and SAK Construction, LLC, a Missouri limited liability company
duly registered as a Florida Foreign Corporation, with principal offices located at 864 Hoff Road,
O'Fallon, Missouri 63366(the "CONTRACTOR") to provide for Cured -in -Place Pipe Lining
Repairs to the City of Tamarac Wastewater Collection System Infiltration & Inflow infrastructure
project. The parties hereby agree to the following terms and conditions.
In return for valuable consideration in an amount not to exceed $700,000.00, 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
May 3, 2011, 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. Term:
The term of this Agreement shall be for a one (1) year period effective on the date of
approval of this Agreement. The City reserves the right to renew this Agreement in one
(1) year increments, in the event that the Agreement is renewed by the Choice Facility
Partners(CFP) a division of Harris County(Texas) Department of Education(HCDE).
4. This agreement, Exhibit A and Exhibit B constitute the entire agreement between the
City and the Contractor. In the event of a conflict between these documents, this
Agreement shall prevail, followed in precedence by Exhibit B and Exhibit A in that order.
5. Insurance: In addition to the insurance requirements stated in the Choice Facility
Partners(CFP) Agreement, Contractor shall obtain at Contractor's expense all necessary
insurance in such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work under this
Agreement including, but not limited to, Workers' Compensation, Commercial General
Liability, and all other insurance as required by the City. Contractor shall maintain such
insurance in full force and effect during the life of this Agreement. Contractor shall
provide to the City's Risk and Safety Manager certificates of all insurances required
under this section prior to beginning any work under this Agreement. The Contractor will
ensure that all subcontractors comply with the above guidelines and will retain all
necessary insurance in force throughout the term of this agreement. The following
minimal insurance coverage shall be provided:
City of Tamarac
Purchasing and Contracts Division
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) days notice of
cancellation is required and must be provided to the City of Tamarac via
Certified Mail.
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
P�
of Tamarac Purchasing and Contracts Division
insurance. Contractor's Liability Insurance policies shall be endorsed to add
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,
M
of Tamarac
Purchasing and Contracts Division
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause. The
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. Agreement Subject to Funding
4
City of Tamarac Purchasing and Contracts Division
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.
12. 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.
13. 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.
14. 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.
15. 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
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.
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 881" 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
5
City of Tamarac
CONTRACTOR
SAK Construction, LLC
864 Hoff Road
O'Fallon, MO 63366
Attn: , Boyd Hirtz Vice- President
(636) 379-2350
(636)-379-2461 Fax
Purchasing and Contracts Division
..............................
REMAINDER OF PAGE INTENTIONALLY BLANK
of Tamarac
Purchasing and Contracts 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 CONTRACTOR, signing by and through its Vice -
President duly authorized to execute same.
ST:
Peter Rich'Mrdso , CRM, CMC
City Clerk
Date `���111 1►,,��
:ESTABLISHED. Q
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Signature of Corporate Secretary
Steve Stulce
Type/Print Name of Corporate Secy
Y OF TAMARAC
Pamela Bushnell, Mayor
Ik,
ichael C. Cernech, City Manager
Date
Approved as to form and legal sufficiency:
Poarff-Ci`61
S. Goren, City Attorney
(d-711
Date
SAK Constructionr-LLC.
Comumv Narde
ature 6f Vice -President
Boyd Hirtz
Type/Print Name of Vice -President
S ii 11
(CORPORATE SEAL) Date
7
City of Tamarac
CORPORATE ACKNOWLEDGEMENT
STATE OF MI-S$DUr►
:SS
COUNTY OF Sf QVIaf` I -Cs :
Purchasing and Contracts Division
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 Limited Liability 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 I�, day of t& , 20JL
Barbara Trende I
Notary PubtiC Notary Seat Signature of Notary Public
State of Missouri County Of St Charles State of Missouri at Large
My Commission Expires 12/1912014
Commission # 10126252
��bG�r c� � rY•,d �
Print, Type or Stamp
Name of Notary Public
[� Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
Er DID NOT take an oath.
OFFICE OF THE
CITY MANAGER
June 9, 2011
Mr. Boyd Hirtz, Vice President
SAK Construction, LLC
864 Hoff Road
O'Fallon, MO 63366
Dear Mr. Hirtz:
MidhSel Q Cernech
CITY MANAGER
I am pleased to advise you that at its meeting on June 8, 2011, the
Tamarac City Commission approved a resolution authorizing the appropriate City
Officials to accept and execute the 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 $700,000.00 for the FY11
Wastewater Main Rehabilitation Inflow and Infiltration Project. Enclosed is a
copy of the approved resolution for your records.
Mr. Scott London, Operations Manager, will be your contact person with
the City concerning this matter. Please feel free to contact him at (954) 597-
3753. However, if there should be any problems of a serious consequence,
expect you to advise me directly and immediately.
The City of Tamarac looks forward to working with you on this project.
Sincerely,
Michael C. Cernech
City Manager
SL/mg/12031
c: Raymond E. Gagnon, Director of Utilities
Peter Richardson, City Clerk
Scott London, Operations Manager
7525 N.W. 881hAv=e I Tamarac, Florida 3332124011 P: 954.597.3510 1 F. 954,%7.35m