HomeMy WebLinkAbout2014-154AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
CONTRACT FOR GALVANIZED STEEL TRANSMISSION POLES FOR DENTON
MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE (RFP 5404-AWARDED TO VALMONT NEWMARK
IN THE THREE (3) YEAR NOT -TO -EXCEED AMOUNT OF $15,590,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the supply of galvanized transmission poles for the City of Denton in accordance with the
procedures of State law and City ordinances; and
WHEREAS, the City Manager or a designated employee has received and reviewed and
recommended that the herein described proposals are the most advantageous to the City considering
the relative importance of price and the other evaluation factors included in the request for proposals;
and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The items in the following numbered request for proposal for materials,
equipment, supplies or services, shown in the "Request for Proposals" on file in the office of the
Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City
considering the relative importance of price and the other evaluation factors included in the request
for proposals.
RFP
NUMBER CONTRACTOR AMOUNT
5404 Valmont Newmark
$15,590,000
SECTION 2. By the acceptance and approval of the above numbered items of the submitted
proposals, the City accepts the offer of the persons submitting the proposals for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Proposal Invitations,
Proposals, and related documents.
SECTION 3. Should the City and person submitting approved and accepted items and of the
submitted proposals wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the proposals, the City Manager or his designated representative is hereby
authorized to execute the written contract; provided that the written contract is in accordance with
the terms, conditions, specifications, standards, quantities and specified sums contained in the
Proposal and related documents herein approved and accepted.
SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the
authority to take any actions that may be required or permitted to be performed by the City of Denton
under File 5404 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council
hereby authorizes the expenditure of funds therefor in the amount and in accordance with the
approved bids.
SECTION 6. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the _�"� t day of 12014.
Cl RIS ATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: _� P�
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND VALMONT NEWMARK
(RFP 5404)
THIS CONTRACT is made and entered into this day of A.D.,
2014, by and between Valmont Newmark a corporation, whose address is 2 Perimeter Park
South. Suite 475 West Bjgpjpgham; AL 35243, hereinafter referred to as "Supplier," and the
CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as
"City," to be effective upon approval of the Denton City Council and subsequent execution of
this Contract by the Denton City Manager or his duly authorized designee.
For and in consideration of the covenants and agreements contained herein, and for the
mutual benefits to be obtained hereby, the parties agree as follows:
SCOPE OF SERVICES
Supplier shall provide products in accordance with the City's RFP # 5404 for Supply f
Galvanized Steel Transmission Poles, a copy of which is on file at the office of Purchasing
Agent and incorporated herein for all purposes. The Contract consists of this written agreement
and the following items which are attached hereto, or on file, and incorporated herein by
reference:
(a) Special Terms and Conditions (Exhibit "A")
(b) City of Denton's RFP 5404 (Exhibit "B", on file at the office of the Purchasing
Agent)
(c) Standard Terms and Conditions (Exhibit "C")
(d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "D").
(e) Supplier's Proposal. (Exhibit "E");
These documents make up the Contract documents and what is called for by one shall be
as binding as if called for by all. In the event of an inconsistency or conflict in any of the
provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving
precedence first to the written agreement then to the contract documents in the order in which
they are listed above. These documents shall be referred to collectively as "Contract
Documents."
RFP 5404
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year
and day first above written.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
BY:
Date: , 27/—/l
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Name: Uli-'Jof
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FAX NUMBER
BY:
GEORGE C. CAMPBELL, C-11-Y MANAGER
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Exhibit A
Special Terms and Conditions
The Quantities indicated on Exhibit B are estimates based upon the best available information.
The City reserves the right to increase or decrease the quantities to meet its actual needs without
any adjustments in the bid price. Individual purchase orders will be issued on an as needed
basis.
Product Changes During Contract Term
The supplier shall not change specifications during the contract term without prior approval.
Any deviation in the specifications or change in the product must be approved in advance by the
City of Denton. Notice of a change shall be submitted in writing to
dentonpurchasing_kcityofdenton.com, with the above file number in the subject line, for review.
Products found to have changed specifications without notification, and acceptance, will be
returned at the supplier's expense. Products that have been installed will be replaced at the
supplier's expense.
Contract Terms
The contract term will be one (1) year, effective from date of award. The City and the Supplier
shall have the option to renew this contract for an additional two (2) one-year periods.
The contract shall commence upon the issuance of a Notice of Award by the City of Denton and
shall automatically renew each year, from the date of award by City Council, unless either party
notifies the other prior to the scheduled renewal date. At the sole option of the City of Denton,
the contract may be further extended as needed, not to exceed a total of six (6) months.
Total Contract Amount
The contract total shall not exceed $15,590,000. Pricing shall be per Exhibit D attached.
Delivery Lead Time
Products or services will be delivered twenty (20) weeks after the receipt of order from the City.
Pricing
Base prices shall be per Exhibit E. Pricing shall be adjusted quarterly per the Price Adjustments
section below.
Price Adjustments
In the event that the standard Materials indices and Fuel Market index noted below change more
than 5% from the base line rate listed below City of Denton will allow for adjustments to the
price based on the following price adjustment process. Price changes will be set on a quarterly
basis based on the average value for the last month of the quarter
Steel Pricing: The bid price shall he based on the American Metals Market (AMM)index for
Steel Plate, carbon, cut to length, steel sheet. The baseline of the proposal index pricing shall be
as indicated by such index for the date and value given below. Any changes to structure design,
quantity, or project schedule will result in a price change. Prices are based on designs, quantity
and schedule provided at the time of the quotation.
RFP 5404
AMM Steel Plate, Cut -to -Length Index Average February 2014 = $790/Ton
Galvanizing Pricing: The bid price shall be based on the most recent, month -ending mean cash
price for zinc on the LME (London Metals Exchange). The baseline of the proposal index pricing
shall be as indicated by such index forth date and value given below. Pricing increases or
decreases will include the cost of zinc, which is a portion of the galvanizing cost. Both structures
and anchor bolts will be adjusted for changes in zinc prices.
LME Zinc Monthly average February 2014= $ 0.92321lbs
Delivery Pricing: The bid price shall be based on the current EIA (Energy Information
Administration) diesel fuel Weekly Retail On -highway Diesel Prices market index for the Gulf
Coast Region. The baseline of the proposal index pricing shall be as indicated by such index on
the date and value given below. Pricing increases or decreases will include the cost of diesel fuel
and will be based on the EIA index value. Both structures and anchor bolts will be adjusted for
changes in diesel fuel prices.
Weekly Retail On -highway Diesel Price, Gulf Coast, market index for February, 28th 2014=
$3.806/gallon
Employment Cost Pricing: Labor cost shall be included in the overall calculation and shall be
considered firm for the entire duration of the project.
Price Calculation: Valmont Industries, Inc. shall provide a formula for calculating the adjusted
price per pound using the benchmark indices, provided for the dates listed above, at the time of
the proposal, and which can be used to calculate an adjusted price as a function of future index
values. The price formula shall clearly show the cost of steel, galvanizing, delivery, and labor as
a percentage of the total cost of the product. The following variables will need to be included
into the formula:
S I = Baseline AMM Steel Index Value
S2 = Future AMM Steel Index Value
Z1 = Baseline LME Zinc Index Value
Z2 = Future LME Zinc Index Value
D1 = Baseline Diesel EIA Gulf Coast Index Value
D2 = Future Diesel EIA Gulf Coast Index Value
L = Labor Value
50% material Content
2% Zinc Content
I % Freight Content
P = Price Change Multiplier
Formula(P) = 1+((S2-S 1)/S 1)*Material
Content)+((Z2-Z1)/Zl*Zinc Content)+ (((D2-
D 1)/D2/5 *freight content)
RFP 5404
The Price Change Multiplier shall be calculated during the first 10 days of each calendar quarter
based on the change in the indices listed above from the date indicated above for each index and
the previous quarter's last month average value for the same index. The Price Change Multiplier
shall be applied to the bid price of each item ordered during that calendar quarter. Valmont
Industries, Inc. will provide documentation upon written request of the pricing from the
American Metals Markets, London Metal Exchange, and Energy Information Administration
with each quarterly price adjustment. Valmont Industries, Inc. reserves the right to go to a
monthly review of the price change multiplier, in the case of extraordinary escalation.
Amended Terms and Conditions
The following amendments shall take precedence over the terms and conditions in the original
RFP document and Exhibit C.
Exceptions to Section I General:.
Item # Description
18 Valmont proposes that it would be liable for liquidated damages on
account of the late delivery of a structure(s) in an amount equal to one
percent (1.0%) of the purchase price of the late structure(s) for each week
they are late. Valmont Newark and the City would agree upon a delivery
schedule and certain milestones which must be satisfied by the City in
order for Valmont Newmark to meet the delivery schedule. Examples of
key milestones are the issuance of the purchase order, approval of
calculations, and approval of drawings. The agreed upon delivery
schedule and milestones would be set forth in the purchase order.
Exceptions to Section VI Standard Purchase Terms and Conditions:
Item # Description
Delete the phrase "and accepts" in the second line of Section 5. Risk of
loss for the deliverables should pass to the City at the time the City or its
contractor takes possession of the deliverables.
7 Add immediately following the first sentence of Section 7: "If the City
has not given written notice of acceptance or rejection of deliverables
within twenty (20) days of their delivery to the destination point specified
in the Contract/Purchase Order, the deliverables shall be deemed accepted
by the City effective on the twentieth (201") day following their delivery."
17 Add the following phrase after the word "Contract" in the second line of
Section 17: "for purposes of confirming the correctness of invoices
submitted by Contractor to the City for deliverables sold to the City under
the Contract/Purchase Order and for such other purposes as may be
required under applicable law."
RFP 5404
19 Delete Parts A and C of Section 19. Because each project for each
customer is unique, Valmont Newmark is not able to provide the pricing
assurances required under Section 19.
21 Insert the word (as punctuated with a comma) "merchantable," between
the word "be" and the word "free" in the second line of the first paragraph
of Section 21.
Insert the phrase "accepted utility" between the word "and" and the word
"industry" in the fifth line of the first paragraph of Section 21.
Delete the phrase "or any warranty implied by law" in the first line of Part
B of Section 21.
Add the following as the final sentence of Part C of Section 21: "The
repair or replacement by Contractor of any defective or non -conforming
deliverables, and the payment by Contractor of all costs incidental to such
repair or replacement, shall be the exclusive remedies available to the City
and the only obligations of Contractor with respect to a breach of any of
the foregoing warranties.
If Contractor fails to repair or replace any defective or non -conforming
deliverables in accordance with this Part C, the City shall also have
available to it the remedies described in Part D below."
31 Insert the following sentence at the end of Part B of Section 31: "The
obligations of Contractor under this Section 31 shall expire in their
entirety and be of no further force or affect whatsoever on the fifth (5t)
anniversary of the final delivery of deliverables under the
Contract/Purchase Order."
32 Please see attached for comments and proposed changes to the insurance
requirements in Section 32.
Amended Specifications to Design
The design information included with this proposal is preliminary in nature and may be refined
after the award of an order. Valmont's intent is to meet the inquiry specification with the
following engineering comments. Please review these, along with the design information
enclosed, to assure that we have correctly interpreted the inquiry requirements.
Prefitting of components or match -marking is not included in our proposal. The fabrication
tolerances and detailing practices used assure fit as well as interchangeability. Our standard
method for identifying sections assures correct section orientation and provides a reference
point for measure of slip distance.
The distance between the bottom conductor phase and the top distribution phase was assumed to
be 12', on structure type TUS-7GXU. It was also assumed that the distribution arms would be
provided by others.
RFP 5404
DESIGN
Design is based on the following publications:
• ASCE/SEI 48-11, "Design of Steel Transmission Pole Structures"
• ANSI/NEMA TT 1-1983 "Tapered Tubular Steel Structures"
• ACI 318-83 (flc=2500 psi)
A 0.25 degree ground line rotation is included in the design of all structures.
Point of fixity for embedded structures is assumed to be at the ground line.
Our design calculations are based on static loads. Wind induced vibration is believed to be more
likely to happen when structures (or components such as arms) are installed without insulators
and conductors. It is considered good practice for installers to attach at least some equipment to
each arm at the time of installation of the structure. See I002 attached.
Cambering is included on structures that exceed the 10 inch deflection limitation for the
everyday load case. Camber costs have been included at this time for those structures.
MATERIAL
The following materials will be used:
shaft and attachment plate: (Galvanized)
thk <= 1.25" Valmont S-22 (exceeds ASTM A572, Gr 65, Heat test)
1.25" < thk< 4" Valmont 5-56 (exceeds ASTM A572, Gr 50, Heat test)
thk<=4" Valmont 5-221 (exceeds ASTM A572, Gr 60, Plate test)
anchor bolts: Valmont 5-23 (exceeds ASTM A615 Gr. 75)
connection bolts: ASTM A325
nuts/washers: matching the bolts used
ANCO type locknuts are provided for connection bolts other than anchorage
FABRICATION
Bolt holes will be 0.13" larger than the nominal bolt diameter, except for anchor bolt holes in
base plates which will be 2.63" in diameter.
Caged anchor bolts will be provided as shown in the attached sketch. Note that the bottom
template is welded to the anchor bolt at a point below the required bond length.
Identification markings will be stamped into plates welded to the components.
Slip joint tolerance: +6",-(1.872/Taper + K)
where: Taper = diameter change per foot of length (in/ft)
K = 9.9 - 0.082(D/t)
D = top diameter of male section (inches)
t = thickness of male section (inches)
Tolerances for fabrication shall meet Valmont's M-1 specification attached.
RFP 5404
Welding and weld inspection will be performed in accordance with Valmont's W-22
specification attached.
Weld joint details will have either the prequalified or qualified joint status in accordance with
the AWS D1.1 code.
Attachment vangs will extend thru the pole shaft eliminating the need for doubler or reinforcing
plates.
Vang-to-pole shaft welds will be fillet or partial penetration groove welds (with or without a
fillet overlay) sized for the strength requirements of the joint. These welds are qualified in
accordance with AWS D 1.1.
The arm -to -bracket weld has been standardized as a partial penetration groove weld with fillet
overlay sized to develop the full strength of the arm section. This weld detail is fully inspectable
per AWS acceptance criteria and develops the full strength of the arm while maintaining thru-
thickness stress levels per ASCE allowables.
FINISH SPECIFICATIONS
Hot -dip Galvanizing of Members per Valmont Specification F-1 (exceeds ASTM A123).
Hot -dip Galvanizing of Hardware per Valmont Specification F-2 (ASTM A153).
Chemthane coating meeting Valmont F-398 specification is proposed for below grade
protection.
SSPC SP8 surface preparation will precede galvanizing. Exposed welds will be mechanically
cleaned.
A maximum galvanizing thickness will not be guaranteed.
INSPECTION
Base plate material shall be ultrasonically inspected per ASTM A435 and Valmont WI 10.04
Certified test reports are obtained from our suppliers for:
1. structural steel plates and shapes
2. connecting hardware
3. welding electrodes and flux
4. rebar used for anchor bolts
Formed plates will be visually inspected for cracking. Magnetic particle inspection will
supplement the visual inspection in questionable areas.
Inspection records in the form of "Traveler Cards" will follow the components through the
fabrication process.
The third part inspection agency should be approved by Valmont.
RFP 5404
Systems are in place that will provide the following levels of test report traceability:
1. direct, one-to-one traceability to pole shafts and base plates
2. batch to other structural components
The test reports and inspection records are maintained at Valmont. When requested, these can be
provided to the customer no sooner than two weeks after the fabrication of the component.
We recommend the turn -of -nut tightening method explained in the AISC Steel Construction
Manual specification. Torque values for bolts will not be provided.
DRAWINGS/CALCULATIONS
Preliminary drawings showing standard features and options are included with proposal.
Final designs and drawings will be submitted on a schedule determined by the required shipping
dates.
Valmont standard drawings and details shall be supplied and shall include the following
information:
1. - erection drawings, will include the following:
total structure weight
arm connection detail. no bolt details / layouts
referenced major components and loose hardware bill of material.
2. - section assembly drawings will include all integral parts of the section.
3. - subassembly drawings: i.e. arm assemblies with all integral parts.
THESE DOCUMENTS, DRAWINGS, AND/OR CALCULATIONS AND ALL INFORMATION
RELATED TO THEM ARE THE EXCLUSIVE PROPERTY AND THE PROPRIETARY
INFORMATION OF VALMONT INDUSTRIES, INC. AND ARE FURNISHED SOLELY UPON
THE CONDITIONS THAT THEY WILL BE RETAINED IN STRICTEST CONFIDENCE AND
SHALL NOT BE DUPLICATED, USED, OR DISCLOSED IN WHOLE OR IN PART FOR ANY
PURPOSE, IN ANY WAY, WITHOUT THE PRIOR WRITTEN PERMISSION OF VALMONT
INDUSTRIES, INC.
Welding Electrodes -
Section V — Steel Pole Detailed Specification: Paragraph EA Welding -General — Valmont
does not perform test of welding electrodes. We rely on the Electrode manufacturer's periodic
Certificates of Conformance to Requirements for Welding Electrodes that are posted by the
electrode manufacturers on their respective web sites. These are general and not lot specific.
Mechanical impact properties, including impact testing are shown in these reports for the filler
metal, but at -50F.
Proof By Testing -
Section V — Steel Pole Detailed Specification: Paragraph D.lf — Valmont does not perform
"prove by testing", for every design.
Delivery -
Section I — Purpose: In paragraph 3, and Section II — Service Conditions: Paragraph A. Site
RFP 5404
Location; Valmont typically optimizes shipments and does not deliver a single pole on a single
truck to a single site location.
Replacement Parts —
Section III— Technical Terms and Conditions: Paragraph G. Guarantee, 2nd paragraph; We
can respond to issues within 3 days, we CANNOT guarantee that replacement parts will be
provided within 5 working days. Stock hardware can be provided during the 5 day period;
replacement parts are custom made and some of the lead times can be up to 3 weeks.
RFP 5404
[aAmwn
City of Denton
Standardi
These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other
requirements included in the City of Denton's solicitation are applicable to Contracts/Purchase Orders
issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller herein after
referred to as the Supplier. Any deviations must be in writing and signed by a representative of the City's
Procurement Department and the Supplier. No Terms and Conditions contained in the Supplier's Proposal
response, Invoice or Statement shall serve to modify the terms set forth herein. If there is a conflict
between the provisions on the face of the Contract/Purchase Order these written provisions will take
precedence.
By submitting an Offer in response to the Solicitation, the Supplier agrees that the contract shall be
governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated.
Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a
Solicitation to purchase Goods, and Sections 9, 10, 11 and 22 shall apply only to a Solicitation to
purchase Services to be performed principally at the City's premises or on public rights -of -way.
1. SUPPLIER'S OBLIGATIONS. The Supplier shall fully and timely provide all deliverables described in the
Solicitation and in the Supplier's Offer in strict accordance with the terms, covenants, and conditions of the Contract
and all applicable Federal, State, and local laws, rules, and regulations.
2. EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of
the date the contract is signed by the City, and shall continue in effect until all obligations are performed in
accordance with the Contract.
3. SUPPLIER TO PACKAGE DELIVERABLES: The Supplier will package deliverables in accordance with
good commercial practice and shall include a packing list showing the description of each item, the quantity and unit
price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping
container shall be clearly and permanently marked as follows: (a) The Supplier's name and address, (b) the City's
name, address and purchase order or purchase release number and the price agreement number if applicable, (c)
Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing
the packing list. The Supplier shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest
transportation costs and to conform to all the requirements of common carriers and any applicable specification. The
City's count or weight shall be final and conclusive on shipments not accompanied by packing lists.
4. SHIPMENT UNDER RESERVATION PROHIBITED: The Supplier is not authorized to ship the
deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables.
5. TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City
actually receives and accepts the deliverables.
6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of
delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer,
the Supplier's price shall be deemed to include all delivery and transportation charges. The City shall have the right
to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that
set forth the purchase order.
7. RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but
not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to
reject defective or non -conforming deliverables. If the City has the right to inspect the Supplier's, or the Supplier's
Subcontractor's, facilities, or the deliverables at the Supplier's, or the Supplier's Subcontractor's, premises, the
Supplier shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to
the City to facilitate such inspection.
RFP 5404
8. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply
with all provisions of the Contract as to time of delivery, quality, and quantity. Any non -complying tender shall
constitute a breach and the Supplier shall not have the right to substitute a conforming tender; provided, where the
time for performance has not yet expired, the Supplier may notify the City of the intention to cure and may then
make a conforming tender within the time allotted in the contract.
9. PLACE AND CONDITION OF WORK: The City shall provide the Supplier access to the sites where the
Supplier is to perform the services as required in order for the Supplier to perform the services in a timely and
efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Supplier
acknowledges that it has satisfied itself as to the nature of the City's service requirements and specifications, the
location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and
facilities necessary to perform the services, and any other condition or state of fact which could in any way affect
performance of the Supplier's obligations under the contract. The Supplier hereby releases and holds the City
harmless from and against any liability or claim for damages of any kind or nature if the actual site or service
conditions differ from expected conditions.
10. WORKFORCE
A. The Supplier shall employ only orderly and competent workers, skilled in the performance of the services which
they will perform under the Contract.
B. The Supplier, its employees, subcontractors, and subcontractor's employees may not while engaged in
participating or responding to a solicitation or while in the course and scope of delivering goods or services under a
City of Denton contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as
required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may
such workers be intoxicated, or under the influence of alcohol or drugs, on the job.
C. If the City or the City's representative notifies the Supplier that any worker is incompetent, disorderly or
disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or
was under the influence of alcohol or drugs on the job, the Supplier shall immediately remove such worker from
Contract services, and may not employ such worker again on Contract services without the City's prior written
consent.
Immigration: The Supplier represents and warrants that it shall comply with the requirements of the Immigration
Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for
any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA) enacted on September 30,
1996.
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Supplier,
it's Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local
health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services,
including but not limited to those promulgated by the City and by the Occupational Safety and Health
Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Supplier shall
indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines,
penalties and liability of every kind arising from the breach of the Supplier's obligations under this paragraph.
Environmental Protection: The supplier shall be in compliance with all applicable standards, orders, or regulations
issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 el seq.) and the Federal Water Pollution
Control Act, as amended, (33 U.S.C. § 1251 el seq.).
12. INVOICES:
A. The Supplier shall submit separate invoices in duplicate on each purchase order or purchase
release after each delivery. If partial shipments or deliveries are authorized by the City, a separate
invoice must be sent for each shipment or delivery made.
B. Proper Invoices must include a unique invoice number, the purchase order or delivery order
number and the master agreement number if applicable, the Department's Name, and the
name of the point of contact for the Department. Invoices shall be itemized and transportation
RFP 5404
charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when
applicable, shall be attached to the invoice. The Supplier's name, remittance address and, if applicable, the tax
identification number on the invoice must exactly match the information in the Vendor's registration with the City.
Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Supplier's
invoice.
C. Invoices for labor shall include a copy of all time -sheets with trade labor rate and deliverables order number
clearly identified. Invoices shall also include a tabulation of work -hours at the appropriate rates and grouped by
work order number. Time billed for labor shall be limited to hours actually worked at the work site.
D. Unless otherwise expressly authorized in the Contract, the Supplier shall pass through all
Subcontract and other authorized expenses at actual cost without markup.
E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount.
The City will furnish a tax exemption certificate upon request.
13. PAYMENT:
A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30)
calendar days of the City's receipt of the deliverables or of the invoice being received in Accounts Payable,
whichever is later.
B. If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at
the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum
lawful rate; except, if payment is not timely made for a reason for which the City may withhold
payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for
withholding payment have been resolved.
C. If partial shipments or deliveries are authorized by the City, the Supplier will be paid for the partial
shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery.
D. The City may withhold or set off the entire payment or part of any payment otherwise due the
Supplier to such extent as may be necessary on account of:
i. delivery of defective or non -conforming deliverables by the Supplier;
ii. third party claims, which are not covered by the insurance which the Supplier is required to
provide, are filed or reasonable evidence indicating probable filing of such claims;
iii. failure of the Supplier to pay Subcontractors, or for labor, materials or equipment;
iv. damage to the property of the City or the City's agents, employees or suppliers, which is not
covered by insurance required to be provided by the Supplier;
v. reasonable evidence that the Supplier's obligations will not be completed within the time
specified in the Contract, and that the unpaid balance would not be adequate to cover actual or
liquidated damages for the anticipated delay;
vi. failure of the Supplier to submit proper invoices with purchase order number, with all required
attachments and supporting
documentation; or
vii. failure of the Supplier to comply with any material provision of the Contract Documents.
E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City
may offset indebtedness owed the City through payment withholding.
F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer
of funds. The Supplier agrees that there shall be no additional charges, surcharges, or penalties to the City for
payments made by credit card or electronic funds transfer.
G. The awarding or continuation of this contract is dependent upon the availability of funding. The City's payment
obligations are payable only and solely from funds Appropriated and available for this contract. The absence of
Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not
Appropriated or available and any deliverables delivered but unpaid shall be returned to the Supplier. The City shall
provide the Supplier written notice of the failure of the City to make an adequate Appropriation for any fiscal year to
pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit
the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there
will be no penalty nor removal fees charged to the City.
14. TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid
by the Supplier, unless otherwise stated in the contract terms.
15. FINAL PAYMENT AND CLOSE-OUT:
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A. If a DBE/MBE/WBE Program Plan is agreed to and the Supplier has identified Subcontractors, the Supplier is
required to submit a Contract Close -Out MBE/WBE Compliance Report to the Purchasing Manager no later than the
15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld
if the Supplier is not in compliance with the requirements as accepted by the City.
B. The making and acceptance of final payment will constitute:
i. a waiver of all claims by the City against the Supplier, except claims (1) which have been previously
asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising
from failure of the Supplier to comply with the Contract or the terms of any warranty specified herein, (4) arising
from the Supplier's continuing obligations under the Contract, including but not limited to indemnity and warranty
obligations, or (5) arising under the City's right to audit; and ii. a waiver of all claims by the Supplier against the
City other than those previously asserted in writing and not yet settled.
16. SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special
tooling or special test equipment fabricated or required by the Supplier for the purpose of filling this order, such
special tooling equipment and any process sheets related thereto shall become the property of the City and shall be
identified by the Supplier as such.
17. RIGHT TO AUDIT:
A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the
Contract. The Supplier shall retain such books, records, documents and other evidence pertaining to the Contract
period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case
records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other
evidence shall be available, within ten (10) business days of written request. Further, the Supplier shall also require
all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence
pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be
made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless
the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost
of the audit, including any travel costs, must be borne by the Supplier which must be payable within five (5)
business days of receipt of an invoice.
B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall
constitute, in the City's sole discretion, grounds for termination thereof. Each of the terms "books", "records",
"documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if
such drafts or electronic files are subsequently used to generate or prepare a final printed document.
18. SUBCONTRACTORS:
A. If the Supplier identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Supplier shall comply with all
requirements approved by the City. The Supplier shall not initially employ any Subcontractor except as provided in
the Supplier's Plan. The Supplier shall not substitute any Subcontractor identified in the Plan, unless the substitute
has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of
any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has
been approved, the Supplier is additionally required to submit a monthly Subcontract Awards and Expenditures
Report to the Procurement Manager, no later than the tenth calendar day of each month.
B. Work performed for the Supplier by a Subcontractor shall be pursuant to a written contract between the Supplier
and Subcontractor. The terms of the subcontract may not conflict with the terms of the
Contract, and shall contain provisions that:
i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the
provisions, specifications and terms of the Contract;
ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior
written consent of the City and the Supplier. The City may require, as a condition to such further subcontracting,
that the Subcontractor post a payment bond in form, substance and amount acceptable to the City;
iii. require Subcontractors to submit all invoices and applications for payments, including any claims for
additional payments, damages or otherwise, to the Supplier in sufficient time to enable the Supplier to include same
with its invoice or application for payment to the City in accordance with the terms of the Contract;
iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in
the type and amounts specified for the Supplier; with the City being a named insured as its interest shall appear; and
v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Supplier is
required to indemnify the City.
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C. The Supplier shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the
Supplier is responsible for the Supplier's own acts and omissions. Nothing in the Contract shall create for the benefit
of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it
create any obligation on the part of the City to pay or to see to the payment of any moneys due any such
Subcontractor except as may otherwise be required by law.
D. The Supplier shall pay each Subcontractor its appropriate share of payments made to the Supplier not later than
ten (10) calendar days after receipt of payment from the City.
19. WARRANTY -PRICE:
A. The Supplier warrants the prices quoted in the Offer are no higher than the Supplier's current prices on orders by
others for like deliverables under similar terms of purchase.
B. The Supplier certifies that the prices in the Offer have been arrived at independently without consultation,
communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with
any other firm or with any competitor.
C. In addition to any other remedy available, the City may deduct from any amounts owed to the Supplier, or
otherwise recover, any amounts paid for items in excess of the Supplier's current prices on orders by others for like
deliverables under similar terms of purchase.
20. WARRANTY — TITLE: The Supplier warrants that it has good and indefeasible title to all deliverables
furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and
encumbrances. The Supplier shall indemnify and hold the City harmless from and against all adverse title claims to
the deliverables.
21. WARRANTY — DELIVERABLES: The Supplier warrants and represents that all deliverables sold the City
under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material
respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the
Supplier, to the terms, covenants and conditions of the Contract, and to all applicable State, Federal or local laws,
rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables
shall be new or recycled merchandise, and not used or reconditioned.
A. Recycled deliverables shall be clearly identified as such.
B. The Supplier may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any
attempt to do so shall be without force or effect.
C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of
acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty
period, one or more of the above warranties are breached, the Supplier shall promptly upon receipt of demand either
repair the non -conforming deliverables, or replace the non -conforming deliverables with fully conforming
deliverables, at the City's option and at no additional cost to the City. All costs incidental to such repair or
replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the
Supplier. The City shall endeavor to give the Supplier written notice of the breach of warranty within thirty (30)
calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City's
rights under this section.
D. If the Supplier is unable or unwilling to repair or replace defective or non -conforming deliverables as required by
the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be
required to purchase under the Contract from the Supplier, and purchase conforming deliverables from other
sources. In such event, the Supplier shall pay to the City upon demand the increased cost, if any, incurred by the
City to procure such deliverables from another source.
E. If the Supplier is not the manufacturer, and the deliverables are covered by a separate manufacturer's warranty,
the Supplier shall transfer and assign such manufacturer's warranty to the City. If for any reason the manufacturer's
warranty cannot be fully transferred to the City, the Supplier shall assist and cooperate with the City to the fullest
extent to enforce such manufacturer's warranty for the benefit of the City.
22. WARRANTY — SERVICES: The Supplier warrants and represents that all services to be provided the City
under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with
generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all
applicable Federal, State and local laws, rules or regulations.
A. The Supplier may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any
attempt to do so shall be without force or effect.
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B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance
Date. If during the warranty period, one or more of the above warranties are breached, the Supplier shall promptly
upon receipt of demand perform the services again in accordance with above standard at no additional cost to the
City. All costs incidental to such additional performance shall be borne by the Supplier. The City shall endeavor to
give the Supplier written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach
warranty, but failure to give timely notice shall not impair the City's rights under this section.
C. If the Supplier is unable or unwilling to perform its services in accordance with the above standard as required by
the City, then in addition to any other available remedy, the City may reduce the amount of services it may be
required to purchase under the Contract from the Supplier, and purchase conforming services from other sources. In
such event, the Supplier shall pay to the City upon demand the increased cost, if any, incurred by the City to procure
such services from another source.
23. ACCEPTANCE OF INCOMPLETE OR NON -CONFORMING DELIVERABLES: If, instead of requiring
immediate correction or removal and replacement of defective or non -conforming deliverables, the City prefers to
accept it, the City may do so. The Supplier shall pay all claims, costs, losses and damages attributable to the City's
evaluation of and determination to accept such defective or non -conforming deliverables. If any such acceptance
occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the
diminished value of the defective or non -conforming deliverables. If the acceptance occurs after final payment, such
amount will be refunded to the City by the Supplier.
24. RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other
parry's intent to perform, demand may be made to the other party for written assurance of the intent to perform. In
the event that no assurance is given within the time specified after demand is made, the demanding party may treat
this failure as an anticipatory repudiation of the Contract.
25. STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Supplier is
observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is
determined by the City to be unsafe to either life or property. Upon notification, the Supplier will cease all work
until notified by the City that the violation or unsafe condition has been corrected. The Supplier shall be liable for all
costs incurred by the City as a result of the issuance of such Stop Work Notice.
26. DEFAULT: The Supplier shall be in default under the Contract if the Supplier (a) fails to fully, timely and
faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of
performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United
States or (d) makes a material misrepresentation in Supplier's Offer, or in any report or deliverable required to be
submitted by the Supplier to the City.
27. TERMINATION FOR CAUSE: In the event of a default by the Supplier, the City shall have the right to
terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after
the date of such notice, unless the Supplier, within such ten (10) day period, cures such default, or provides evidence
sufficient to prove to the City's reasonable satisfaction that such default does not, in fact, exist. In addition to any
other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses
and expenses, incurred by the City as a result of the Supplier's default, including, without limitation, cost of cover,
reasonable attorneys' fees, court costs, and prejudgment and post judgment interest at the maximum lawful rate.
Additionally, in the event of a default by the Supplier, the City may remove the Supplier from the City's vendor list
for three (3) years and any Offer submitted by the Supplier may be disqualified for up to three (3) years. All rights
and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law.
28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in
part, without cause any time upon thirty (30) calendar days' prior written notice. Upon receipt of a notice of
termination, the Supplier shall promptly cease all further work pursuant to the Contract, with such exceptions, if any,
specified in the notice of termination. The City shall pay the Supplier, to the extent of funds Appropriated or
otherwise legally available for such purposes, for all goods delivered and services performed and obligations
incurred prior to the date of termination in accordance with the terms hereof.
29. FRAUD: Fraudulent statements by the Supplier on any Offer or in any report or deliverable required to be
submitted by the Supplier to the City shall be grounds for the termination of the Contract for cause by the City and
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may result in legal action.
30. DELAYS:
A. The City may delay scheduled delivery or other due dates by written notice to the Supplier if the City deems it is
in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the
Supplier shall negotiate an equitable adjustment for costs incurred by the Supplier in the Contract price and execute
an amendment to the Contract. The Supplier must assert its right to an adjustment within thirty (30) calendar days
from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the
Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Supplier
from delaying the delivery as notified.
B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if,
while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions,
sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default
or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will
be extended; provided, however, in such an event, a conference will be held within three (3) business days to
establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform.
31. INDEMNITY: A. Definitions:
i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and
liability of every character, type or description, including all reasonable costs and expenses of litigation,
mediation or other alternate dispute resolution mechanism, including attorney and other professional fees
for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Supplier,
their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such
subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation,
loss of services, or loss of income or wages to any person (including but not limited to the agents, officers
and employees of the City, the Supplier, the Supplier's subcontractors, and third parties), ii. "Fault" shall
include the sale of defective or non -conforming deliverables, negligence, willful misconduct or a breach of
any legally imposed strict liability standard.
B. THE SUPPLIER SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS
SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL
INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT
OF THE SUPPLIER, OR THE SUPPLIER'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE
PERFORMANCE OF THE SUPPLIER'S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE
DEEMED TO LIMIT THE RIGHTS OF THE CITY OR THE SUPPLIER (INCLUDING, BUT NOT LIMITED TO, THE
RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM.
32. INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance
requirements detailed in the solicitation document. The successful firm shall procure and maintain insurance of the
types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company
licensed to do business in the State of Texas and satisfactory to the City of Denton.
A. General Requirements.
i. The Supplier shall at a minimum carry insurance in the types and amounts indicated and agreed to, as
submitted to the City and approved by the City within the procurement process, for the duration of the
Contract, including extension options and hold over periods, and during any warranty period.
ii. The Supplier shall provide Certificates of Insurance with the coverage's and endorsements required to
the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after
written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer
to disqualification from consideration for award. The Supplier must also forward a Certificate of Insurance
to the City whenever a previously identified policy period has expired, or an extension option or hold over
period is exercised, as verification of continuing coverage.
iii. The Supplier shall not commence work until the required insurance is obtained and until such insurance
has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability
of the Supplier hereunder and shall not be construed to be a limitation of liability on the part of the
Supplier.
iv. The Supplier must submit certificates of insurance to the City for all subcontractors prior to the
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subcontractors commencing work on the project.
v. The Supplier's and all subcontractors' insurance coverage shall be written by companies licensed to do
business in the State of Texas at the time the policies are issued and shall be written by companies with
A.M. Best ratings of A- VII or better. The City will accept workers' compensation coverage written by the
Texas Workers' Compensation Insurance Fund.
vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation
endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following
information:
City of Denton
Materials Management Department
901B Texas Street
Denton, Texas 76209
vii. The "other" insurance clause shall not apply to the City where the City is an additional insured shown
on any policy. It is intended that policies required in the Contract, covering both the City and the Supplier,
shall be considered primary coverage as applicable.
viii. If insurance policies are not written for amounts agreed to with the City, the Supplier shall carry
Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability
Insurance is provided, it shall follow the form of the primary coverage.
ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review
certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or
revision or modification of particular policy terms, conditions, limitations, or exclusions except where
policy provisions are established by law or regulations binding upon either of the parties hereto or the
underwriter on any such policies.
x. The City reserves the right to review the insurance requirements set forth during the effective period of
the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when
deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims
history of the industry or financial condition of the insurance company as well as the Supplier.
xi. The Supplier shall not cause any insurance to be canceled nor permit any insurance to lapse during the
term of the Contract or as required in the Contract.
xii. The Supplier shall be responsible for premiums, deductibles and self -insured retentions, if any, stated in
policies. All deductibles or self -insured retentions shall be disclosed on the Certificate of Insurance.
xiii. The Supplier shall endeavor to provide the City thirty (30) calendar days' written notice of erosion of
the aggregate limits below occurrence limits for all applicable coverage's indicated within the Contract.
xiv. The insurance coverage's specified in within the solicitation and requirements are required minimums
and are not intended to limit the responsibility or liability of the Supplier.
B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument.
33. CLAIMS: If any claim, demand, suit, or other action is asserted against the Supplier which arises under or
concerns the Contract, or which could have a material adverse affect on the Supplier's ability to perform thereunder,
the Supplier shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the
Supplier. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action;
the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim
is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton
City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton,
Texas 76201.
34. NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to
be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after
postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered
by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by
first class mail, telefax, or other commercially accepted means. Notices to the Supplier shall be sent to the address
specified in the Supplier's Offer, or at such other address as a party may notify the other in writing. Notices to the
City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the
Purchasing Manager.
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35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the
Supplier to the City shall become property of the City upon receipt. Any portions of such material claimed by the
Supplier to be proprietary must be clearly marked as such. Determination of the public nature of the material is
subject to the Texas Public Information Act, Chapter 552, and Texas Government Code.
36. NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Supplier represents and warrants to the
City that: (i) the Supplier shall provide the City good and indefeasible title to the deliverables and (ii) the
deliverables supplied by the Supplier in accordance with the specifications in the Contract will not infringe, directly
or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind
of any third party; that no claims have been made by any person or entity with respect to the ownership or operation
of the deliverables and the Supplier does not know of any valid basis for any such claims. The Supplier shall, at its
sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs
(including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i)
any claim that the City's exercise anywhere in the world of the rights associated with the City's' ownership, and if
applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party;
or (ii) the Supplier's breach of any of Supplier's representations or warranties stated in this Contract. In the event of
any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to
act as co -counsel on the City's behalf. Further, Supplier agrees that the City's specifications regarding the
deliverables shall in no way diminish Supplier's warranties or obligations under this paragraph and the City makes
no warranty that the production, development, or delivery of such deliverables will not impact such warranties of
Supplier.
37. CONFIDENTIALITY: In order to provide the deliverables to the City, Supplier may require access to certain
of the City's and/or its licensors' confidential information (including inventions, employee information, trade
secrets, confidential know-how, confidential business information, and other information which the City or its
licensors consider confidential) (collectively, "Confidential Information"). Supplier acknowledges and agrees that
the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use,
disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its
licensors. The Supplier (including its employees, subcontractors, agents, or representatives) agrees that it will
maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge,
recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner
not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law
or an order of any court or other governmental authority with proper jurisdiction, provided the Supplier promptly
notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate
protective order. The Supplier agrees to use protective measures no less stringent than the Supplier uses within its
own business to protect its own most valuable information, which protective measures shall under all circumstances
be at least reasonable measures to ensure the continued confidentiality of the Confidential Information.
38. OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout
the world in and to the deliverables.
A. Patents. As to any patentable subject matter contained in the deliverables, the Supplier agrees to disclose such
patentable subject matter to the City. Further, if requested by the City, the Supplier agrees to assign and, if
necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such
patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its
employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved
by the City, to the City upon request by the City.
B. Copyrights. As to any deliverables containing copyrightable subject matter, the Supplier agrees that upon their
creation, such deliverables shall be considered as work made -for -hire by the Supplier for the City and the City shall
own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the
City's sole or joint ownership of any such deliverables arising by virtue of the City's sole or joint authorship of such
deliverables. Should by operation of law, such deliverables not be considered works made -for -hire, the Supplier
hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to
execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such
deliverables. With respect to such work made -for -hire, the Supplier agrees to execute, acknowledge, and deliver and
cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work -
made -for -hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such
deliverables to the City or at such other time as the City may request.
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C. Additional Assignments. The Supplier further agrees to, and if applicable, cause each of its employees to,
execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments
which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work
registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and
in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and
interest in and to the deliverables. The Supplier's obligations to execute, acknowledge, and deliver (or cause to be
executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b.,
and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City
should not seek to obtain copyright protection, mask work registration or patent protection for any of the
deliverables, but should desire to keep the same secret, the Supplier agrees to treat the same as Confidential
Information under the terms of Paragraph 37 above.
39. PUBLICATIONS: All published material and written reports submitted under the Contract must be originally
developed material unless otherwise specifically provided in the Contract. When material not originally developed is
included in a report in any form, the source shall be identified.
40. ADVERTISING: The Supplier shall not advertise or publish, without the City's prior consent, the fact that the
City has entered into the Contract, except to the extent required by law.
41. NO CONTINGENT FEES: The Supplier warrants that no person or selling agency has been employed or
retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage,
brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies
maintained by the Supplier for the purpose of securing business. For breach or violation of this warranty, the City
shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct
from any amounts owed to the Supplier, or otherwise recover, the full amount of such commission, percentage,
brokerage or contingent fee.
42. GRATUITIES: The City may, by written notice to the Supplier, cancel the Contract without liability if it is
determined by the City that gratuities were offered or given by the Supplier or any agent or representative of the
Supplier to any officer or employee of the City of Denton with a view toward securing the Contract or securing
favorable treatment with respect to the awarding or amending or the making of any determinations with respect to
the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City
shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred
by the Supplier in providing such gratuities.
43. PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent
consultant, or elected official of the City who is involved in the development, evaluation, or decision -making
process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract
resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any
officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation
of this provision, with the knowledge, expressed or implied, of the Supplier shall render the Contract voidable by the
City. The Supplier shall complete and submit the City's Conflict of Interest Questionnaire (Attachment B).
44. INDEPENDENT SUPPLIER: The Contract shall not be construed as creating an employer/employee
relationship, a partnership, or a joint venture. The Supplier's services shall be those of an independent supplier. The
Supplier agrees and understands that the Contract does not grant any rights or privileges established for employees
of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave
benefits, worker's compensation, or any other City employee benefit. The City shall not have supervision and control of
the Supplier or any employee of the Supplier, and it is expressly understood that Supplier shall perform the services
hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton,
Texas, or his designee under this agreement.
45. ASSIGNMENT -DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and
the Supplier and their respective successors and assigns, provided however, that no right or interest in the Contract
shall be assigned and no obligation shall be delegated by the Supplier without the prior written consent of the City.
Any attempted assignment or delegation by the Supplier shall be void unless made in conformity with this
paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it
1! 1 "SEA [lYA
being the intention of the parties that there are no third party beneficiaries to the Contract.
46. WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a
waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is in
writing signed by the aggrieved party. No waiver by either the Supplier or the City of any one or more events of
default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations
under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of
a similar or different character.
47. MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No
pre-printed or similar terms on any the Supplier invoice, order or other document shall have any force or effect to
change the terms, covenants, and conditions of the Contract.
48. INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of
the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the
trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been
substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair
to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the
Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall
control, unless otherwise defined in the Contract.
49. DISPUTE RESOLUTION:
A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to
prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a
statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between
representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as
agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision -making
authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to
negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not
succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below.
Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed
directly to mediation as described below.
B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the
parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of
the dispute. Should they choose this option; the City and the Supplier agree to act in good faith in the selection of the
mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract
prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a
contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation
of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution
Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from
the date of the first mediation session. The City and the Supplier will share the mediator's fees equally and the
parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to
represent them or otherwise assist them in the mediation.
50. JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of
Texas, including, when applicable, the Uniform Commercial Code as adopted in Texas, V.T.C.A., Bus. & Comm.
Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or
jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the
parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be
construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from
any competent authority as contemplated herein.
51. INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way
affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be
deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract
did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to
replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken
RFP 5404
provision. The provisions of this section shall not prevent this entire Contract from being void should a provision
which is the essence of the Contract be determined to be void.
52. HOLIDAYS: The following holidays are observed by the City
New Year's Day (observed)
MLK Day
Memorial Day
4th of July
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve (observed)
Christmas Day (observed)
New Year's Dav (observed)
If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday,
it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm,
Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not
within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized
designee.
53. SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on
the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall
survive the expiration or termination of the Contract.
54. NON -SUSPENSION OR DEBARMENT CERTIFICATION:
The City of Denton is prohibited from contracting with or making prime or sub -awards to parties that are suspended
or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By
accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or
debarred from doing business with the Federal Government, as indicated by the General Services Administration
List of Parties Excluded from Federal Procurement and Non -Procurement Programs, the State of Texas, or the City
of Denton.
55. EQUAL OPPORTUNITY
A. Equal Employment Opportunity: No Offeror, or Offeror's agent, shall engage in any discriminatory
employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or
national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from
this RFQ.
B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror's agent, shall
engage in any discriminatory employment practice against individuals with disabilities as defined
in the ADA.
56. BUY AMERICAN ACT -SUPPLIES (Applicable to certain federally funded requirements)
The following federally funded requirements are applicable, in addition to the specific federally funded
requirements.
A. Definitions. As used in this paragraph —
i. "Component" means an article, material, or supply incorporated directly into an end product.
ii. "Cost of components" means -
(1) For components purchased by the Supplier, the acquisition cost, including transportation costs to the place of
incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty
(whether or not a duty-free entry certificate is issued); or
(2) For components manufactured by the Supplier, all costs associated with the manufacture of the component,
including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but
excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.
iii. "Domestic end product" means-
(1) An unmanufactured end product mined or produced in the United States; or
1 I'
(2) An end product manufactured in the United States, if the cost of its components mined, produced, or
manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign
origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in
sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap
generated, collected, and prepared for processing in the United States is considered domestic.
iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use.
v. "Foreign end product" means an end product other than a domestic end product.
vi. "United States" means the 50 States, the District of Columbia, and outlying areas.
B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies
acquired for use in the United States.
C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract;
but will consider for approval foreign articles as domestic for this product if the articles are on a list
approved by another Governmental Agency. The Offeror shall submit documentation with their Offer
demonstrating that the article is on an approved Governmental list.
D. The Supplier shall deliver only domestic end products except to the extent that it specified delivery of foreign end
products in the provision of the Solicitation entitled "Buy American Act Certificate".
57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in
any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the
submittal does not affect this right.
58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded supplier or supplier to be licensed by
the State of Texas, any and all fees and taxes are the responsibility of the supplier.
59. PREVAILING WAGE RATES: All suppliers will be required to comply with Provision 5159a of "Vernon's
Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and prohibiting
discrimination in the employment practices.
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60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall
comply with all State, Federal, and Local laws and requirements. The Supplier must comply with all applicable laws
at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits
bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public
servants. The Supplier shall give all notices and comply with all laws and regulations applicable to furnishing and
performance of the Contract.
61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Supplier shall demonstrate on -site compliance with
the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing
with issuance of Form W-2's to common law employees. Supplier is responsible for both federal and State
unemployment insurance coverage and standard Worker's Compensation insurance coverage. Supplier shall ensure
compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable
to Supplier or its employees for any Unemployment or Workers' Compensation coverage, or federal or State
withholding requirements. Supplier shall indemnify the City of Denton and shall pay all costs, penalties, or losses
resulting from Supplier's omission or breach of this Section.
62. DRUG FREE WORKPLACE: The supplier shall comply with the applicable provisions of the Drug -Free
Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug -
free work environment; and the final rule, government -wide requirements for drug -free work place (grants), issued
by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to
implement the provisions of the Drug -Free Work Place Act of 1988 is incorporated by reference and the supplier
shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be
issued.
63. SUPPLIER LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Supplier shall be liable
for all damages to government -owned, leased, or occupied property and equipment caused by the Supplier and its
employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any
performance pursuant to the Contract. The Supplier shall notify the City of Denton Procurement Manager in writing
of any such damage within one (1) calendar day.
64. FORCE MAJEURE: The City of Denton, any Customer, and the Supplier shall not be responsible for
performance under the Contract should it be prevented from performance by an act of war, order of legal authority,
act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event
of an occurrence under this Section, the Supplier will be excused from any further performance or observance of the
requirements so affected for as long as such circumstances prevail and the Supplier continues to use commercially
reasonable efforts to recommence performance or observance whenever and to whatever extent possible without
delay. The Supplier shall immediately notify the City of Denton Procurement Manager by telephone (to be
confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable
level of detail the circumstances causing the non-performance or delay in performance.
65. NON -WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract
will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either
Parry's exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude,
cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the
Contract will not be construed as a waiver of any continuing or succeeding breach.
66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract
is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that
the City of Denton may have by operation of law.
67. RECORDS RETENTION: The Supplier shall retain all financial records, supporting documents, statistical
records, and any other records or books relating to the performances called for in the Contract. The Supplier shall
retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State
Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The
Supplier shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State
Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds
being spent under the Contract.
Exhibit D
CITY OF DENTON
RFP FOR SUPPLY OF GALVANIZED STEEL TRANSMISSION POLES
X►Wa 1��1 ►. ►
CONFLICT OF INTEREST QUESTIONNAIRE
Forvendor or otht r lat rstrtl tloitt business with local ove�rttntenlal ettlit
m -�
This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session.
FORM CIQ
OFFICE USE, ONLY
This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person Date Received
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 government entity not later
than the 7th business day after the date the person becomes aware of facts that require the statement to be filed.
See Section 176.006, Local Government Code.
A person commits an offense if the person knowingly violates Section 176.006, local Government Code. An
offense under this section is a Class C misdemeanor.
Nance of person who has a business relationship with local governmental entity.
1 Valmont Newmark does not have a business relationship with any local government entity
Check this box if you are filing an update to a previously filed questionnaire.
U (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 70' business day after the
date the originally filed questionnaire becomes incomplete or inaccurate.)
Name of local government officer with whom filer has an employment or business relationship.
Name of Officer
This section, (item 3 including subparts A, B, 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?
.l Yes No
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?
ElYes ,,._ol No
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?
Yes No
D. Describe each affiliation or business relationship.
Signature of person doing business with the governmental entity
PAGE 45 OF RFP # 5404
RFP 5404
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Exhibit E
NEWMARK
City of Denton
901-B Texas Street
Denton, TX 76209
March 17, 2014
Attn: Elton D. Brock, MBA, CTPM, CTCM, C.P.M.
Purchasing and Materials Manager
RE: Supply of Galvanized Steel Transmission Poles for the City of Denton RFP 5404
Valmont Newmark Quote #81107
Valmont -Newmark is pleased to provide our proposal for your consideration to supply transmission poles for the
City of Denton RFP 5404. Valmont -Newmark strength is having unmatched financial resources positioned to fully
support City of Denton's project needs. Valmont will leverage the industry's largest steel and concrete
manufacturing capabilities and capacity to easily supply your total structure requirements and ensure on time
delivery performance. We have compiled the information requested and have provided exhibits therein to fully
document our experience and qualifications. We have also summarized the Valmont Advantage as to why we are
best -in -class for project risk management and execution. Why Valmont for the supply of galvanized steel
transmission poles for the City of Denton RFP 54047
Dedicated Project Team — (Engineer(s), Drafter(s), Project Administrator, Account Manager, Project Manager,
Field Quality Rep., Customer Service Manager and Lead Site General Manager) to ensure a seamless
implementation and make sure priority is put on your project requirements.
1. Large Project Kickoff & scheduled meetings — Valmont's project team and City of Denton Stakeholders
will meet to review project requirements, milestones, expectations, communication, format, activity
engagement, city board status updates, project plan, etc.
2. Engineering Engagement — Valmont will assign in house dedicated engineering resources, to work
closely with City of Denton engineering team to collaborate and establish an optimized structure option
that will result in the lowest installed cost solution. For more information see Appendix 11.
3. Project Management — Ensure single point of contact and solid communication between project team
members, risk mitigation management, and driven execution to ensure a successful project. A local
Valmont Project Manager will be brought in on day one to work with City of Denton team to ensure that
schedule performance is achieved in accordance with City of Denton requirements and needs. For more
information see Appendix 111.
4. Field Response — Valmont also offers 24 hour field response support to any field issues or concerns and
can be available at project start up to ensure proper structure handling and installation. Valmont will
provide an onsite Field Quality Representative during the life of the project.
5. Local Manufacturing and Galvanizing — To maximize logistics by minimizing transportation and loading
costs while ensuring product quality through inspections at all our finishers and loading facilities.
Valmont operates (3) Texas facilities located in Mansfield, Brenham and Bellville. It is the combination
of these diverse capabilities and capacity that allows us to support City Of Denton's ranging product and
delivery needs. An overview of the Valmont facilities is shown in Appendix I.
6. Capacity Reservation based on project forecasting — City of Denton will have capacity reserved at
implementation for all 3 years of the project based on the provided demand and updated weekly with the
City of Denton team.
This approach provides City of Denton with the confidence of knowing they are well positioned with Valmont
Newmark to achieve their critical project schedules on time.
RFP 5404
Exhibit E
Regarding our offer for your requirements:
The prices quoted are for base plated and embedded galvanized steel poles. These poles may include assembled
anchor bolt cages, vangs, grounding plates, bolts, arms and ID tags. This quote has been designed in accordance
with the original design specifications provided at the time of quotation. Therefore, our proposal is based on the
information provided with this bid. Any changes or modifications to the designs, structure quantity, or milestone
schedule, will result in re-evaluation of proposed pricing and project delivery schedule. Should the established
milestones be impacted, the project schedule will be adjusted accordingly. Along with our bid for custom steel
structures, you will find alternate options for your review. Please see attached pricing sheets in Exhibit 1.
Offer and Alternatives:
Valmont Newmark offers a unique unbiased manufacturing and material selection process to help optimize the best
solution for your application. Our product offering includes concrete, steel and hybrid poles in addition to
patented structure solutions for specific challenges. After a review of the designs Valmont has determined that
one option would be to utilize concrete for Tangent Structures TPC-138U, TPC-138DC, TPC-138DCU, and
DCIP. Another option would be to utilize our facilities in China for approximately 90% of the structures. Below
is a summary of each offering:
Base Offer Option I
Option 2
Material
Steel -Concrete -Tangents
Steel
Steel - DE/Angles
-
Manufacturing
- — — __- -- - ---�ee
Brenham, TX - Primary Bellville, TX - Tangents - Primary
China - Primary
Facilities
Mansfield, TX - Primary Brenham, TX - Steel - Primary
Brenham, TX - Secondary
Others - Reserve Mansfield, TX - Steel - Primary
Mansfield, TX - Secondary
Others - Steel - Reserve
Others - Reserve
-Lead Time
1-4weeks6 weeks--- Concrete
_2" 0weeks_
(PO to structure
14 weeks - Steel
delivery start)
Base Pricing
Year 1 $10,006,552 Year 1 $ 9,920,02
Year 1 $ 8,995,417
(Delivery to
Year $ 2,631,229 Year 2 $ 2,591,218
Year 2 $ 2,365,351
Laydown Yard)
Year 3 $ 3,916,452 Year 3 $ 3,843,785
Year 3 $ 3,520,705
Total $16,554,233 Total $16,355,030 ........... . . . .............
. ....
Total $14,881,473
Savings $ and °/®
.....
$199,203
$1,672,760
compared to
1.3%
10.1%
Base
For more detail
on lead time breakdown, see attached pricing sheets in Exhibit
1.
Discounts:
In addition to the base offer and options above Valmont would also propose discounts for the accelerating of the
delivery schedule. If Valmont could deliver all of the Year 1 (275 structures) by end of 2014, Valmont will
provide a 3% discount to the pricing above. If Valmont could deliver all of Year 2 and 3 (322 structures) by the
end of 2015, Valmont will provide a 2% discount to the pricing above.
Delivery direct to right-of-way:
Valmont provided a price adder listed in Exhibit I for delivery directly to the right-of-way. In addition to the price
adder Valmont would offer to hold up to 2 weeks worth of poles approximately 30-40 structures at our Brenham
and Mansfield facilities to ensure proper and on time delivery. If option I above is selected Valmont would hold
structures at Mansfield, Brenham, and Bellville facilities. If option 2 above is selected Valmont would ship
sections from China to Port of Houston for delivery and hold to Mansfield and Brenham facilities.
Liquidated Damages, Performance Bond and Insurance:
Valmont would provide a performance bond as part of the final contract to guarantee the project is delivered in
satisfactory condition. Valmont is willing to offer liquidated damages of 1% fee per a week for each structure late
based on the value of the structure late. These liquidated damages are based on the City of Denton project team
meeting the key dates in the jointly developed Key Milestone Schedule otherwise the liquidating damages will not
apply. These key dates include Award, Purchase Order Issue, Calcs Approval, and Drawing Approval. Valmont
has also provided our Certificate of Insurance for your review, see Appendix VII.
RFP 5404
Exhibit E
Pricing and Validity:
Valmont pricing provided in this proposal is based on award of the entire project. Pricing will be held firm for all
orders delivering in 2014. Pricing for deliveries in 2015 and beyond will be based on the proposed price
adjustment formula that is enclosed in our submittal. Prices do not include sales and use tax. Proposal is valid for
one hundred and twenty (120) days. Terms are Net Thirty (30) Days. Freight is F.O.B. destination, prepaid and
allowed (with truck delivery intended) to Denton, TX. All quotations are subject to acceptance by Valmont
Newmark at time of order placement. Valmont Newmark Standard Best Practice Shipping shall apply. Full Scale
Structure Testing is not included in the price. Unloading or material handling at the jobsite upon delivery is not
included in the price.
Warranty and Exceptions:
Please note that Valmont has provided exceptions to Terms and Conditions associated with this proposal as well as
engineering, cancellation, quality and manufacturing comments and exceptions. Valmont warrants the product to
be free of material and workmanship defects for a period of one year from the date of shipment. The warranty is
limited to material and workmanship defects. We are open to discussing any areas of concern regarding terms and
conditions or project specifications. Valmont Newmark will work with you to reach mutually agreeable resolution
of any issue if awarded this opportunity.
On behalf of Valmont Newmark we appreciate the opportunity work with you on this project and look forward to
discussing any areas of the proposal. If you have any questions regarding this proposal please do not hesitate to
contact Mark Magill at 817-798-3448 or Earl Reynolds at 903452-1842.
Sincerely,
Mark Magill
Territory Sales Manager
Valmont -Newmark Utility Division
RFP 5404
Exhibit E
MWATuRVA MIA,
City of Denton
RFP 5404
SUPPLY OF GALVANIZED
STEEL TRANSMISSION POLES
FOR THE CITY OF DENTON
INTRODUCTION (EXECUTIVE SUMMARY) —1 Page Maximum
Briefly describe your understanding of the requested services, important issues, and City requirements.
As the industry leader for utility structures, Valmont Newmark is very familiar with the challenges that can
come with projects of this size. So many challenges come into play with projects like this. There are
various moving parts, like suppliers to deal with, contractors, subcontractors, contracts, contract
management, field issues, timelines to keep, budgets to stay within, and on the list goes.
An example that I think may be at play here would be the acquisition of Right of Way. This can be a
problem in small towns, much less a city the size of Denton in such a metropolitan area. We have seen
challenges in the past with Right of Way issues and how that can derail momentum by the city, by forcing
changes to routes, which sometimes forces changes to structures, which forces suppliers to be quick to
react, so as not to impact the customer (City of Denton). To mitigate these risks, you need to choose a
supplier that is familiar with these obstacles, and team with you to overcome them.
Valmont Newmark has the financial resources and position to fully support the City of Denton's
transmission structure needs with our Global Utility Industry leadership in capacity, capability and project
management approach. Valmont Newmark's Industry leadership position in capacity (11 steel facilities
and 6 concrete in North America) is only part of the resources needed to effectively complete a project of
this size. Our resources and expertise in large projects is unparallelled and provides the nimbleness that
is needed to identify, manage and mitigate the risks associated with such project. Understanding and
managing large project risks is key to the successful completion of this project.
With Valmont's plant "just down the road" in Mansfield, we would hope that there would be a feeling of
comfort from The City of Denton in working with us to tackle these challenges described above. Though
Valmont is a global company, it is also local in the DFW metroplex, having several members of the project
team, our manufacturers representative, and a field response crew supported by skilled fit up and
welding personnel that can be deployed within 24 hours of a field requirement.
Valmont understands your challenges and is excited to partner with you to tackle them.
RFP 5404
CITY Qrxt0ENT01
RFP FOR SUPPLY OF GALVANIZED STEEL TRANSMISSION POLES
Each Contractor is responsible for taking the necessary steps to ensure their proposal is received by
the date and time noted herein. The City is not responsible for missing, lost or late mail or any mail
delays, internal or external, that may result in the proposal arriving after the set time.
Proposals shall include on the envelope and the cover sheet with the RFP number and name.
Include Respondent Company name, contact information, RFP number and name.
Briefly describe your understanding of the requested services, important issues, and City
r-equirements. PILase see Sectioii 2 Attadirnent - Introduction - Executive Suinniar),'
? k a
b. General overview of the Business
At Vainiont-Newmark,aye are helping to revolutionize the way C-qgincers plan and
exec ute Tra n sra ission, Distribution and Substation projects,
As the coLvary's cufly provider of splon vonvrLte,, tkibular steel and hybrid poles for 11W power
deliveiv industry, Vaknont-Newinark oftcrs utflity engincers a sean.liess Wcnd of custorn
sohitions f6i, divorse applications in flicir power delivery proJects, aria xiinizing their economic
iron) iransmission and distribution poles to substation structures, our pro&wts can be ordered;
fi.ibricaled and defivered to any site., in any steel, or trybrid
(Concrete./s,tM)- "I'hat means engineers fialve the t1exibility - through one cornpeny - to
customize segments of as flne with poles fabdcaled out of mate-rials skiiU'd For tile environnient.
The fina) resuft is at line that is mcm, Qost effic'etive, aesdiefically Pleasing and 'durable
For yot,w power delivery chaHeripos, 0ousc a recognized teader 18aroughout the world in ))(,)Is
techaok)gy. Choose Valrnow-Newmark.
c. Business Profile(s), including�
Attachmont, C ha,., am.,overecl ai.osi oi jw questions 1.)elow mready. Ifthere is soniethin'(-,
that t rnissed, left oa, or did rrot answtr to your B.jlrjjrq.i, pleast contact me or Earl
lzeyn,Ads ss-ith tlrcreaed Skiles, MV as M'1110r jS F, 1 ""2798-3-444, and F,-irl can be rel-rchod at
903452-1842,
PAGE 19 OF RFP # 5404
RFP 5404
CITY OfRSENTON
RFP FOR SUPPLY OF GALVANIZED STEEL TRANSMISSION POLES
I Type of Business (limited partnership, corporation, etc.) Corporation
2) Business History and Age — Valmont Industries has been in business for 68 years and
Valmont New for 31 years,
3) Business Size (including number in each required discipline) Numbers are included
in Attachment C
4) Areas of special concentration — Valmont Newmark is the Utility Division of Valmont
Industries. Valmont Newmark provides StRICtUrCS for Transmission, Sub Transmission,
Distribution, and Substation Structures.
5) Telephone number and fax number Phone for Jamie 14enson 8 17-453-6968 Fax: 817-
473-1454
6) Number of year firm in business Valmont Industries has been in business for 68 years
and Valmont Newmark for 31 years.
7) Amount of equity capital of the firm year end financial $1.350 Billion as listed in
21012 Valmont Annual Report
8) Number and location of offices in Texas Valmont Newmark has 3 facilities in Texas.
Mansfield, Brenham, and Beliville.
9) Location of the office from which the work is to be managed The planned
quarterback l'acility for City of Denton would be Mansfield, TX.
10) Service description with specific descriptions of responsibilities, successes and
failures related to the project, Include website URLs for any service projects for
which they are available. Valmont Newmark provided the structures for these
projects..
C11"was 235 Mile Double Circuit 345kV Weatherina Steel
bttp-�//w �tqX L r9jpeis�c(LgL/p 0222734.asux
_w�L _q�qt_!_V - A-
STEC was 200 Mile Single Circuit 345kV Galvanized Steel
(though th,�s �vebsue does not shmv it that h,ay, as they did the 01y q/ Garland cis ivel/)
liftwWwww,texascru to eb ip� L2 ? , - ---p-e�ec—mcqnj 4pz Z-19�t!M'A
ETT was 400+Mile Double Circuit 345kV
hHp://www-tea,-L,9 c mzjgo sxon-L C�L 3 _fi dMt22' ,pL
—1-1-1, ,
CapX2020 has several segments to it, but Valmont has delivered and Wntilli.,CS to deliver on these
projects.
Fargo l I - 75 Mile Double Circuit 345kV
Fargo 111 - 135 Mite Double Circuit 345kV
LaCrosse - 55 nifle Double Circuit 345kV
htm"//www.ca -x202O,c(irii/lacrosse/iiide,lx,.,I.i,i,Fiil
11) Name and contact information for the project manager or other key contact with
the entity contracting these products or services, Key Contacts are iuclUded in
Attachment C below
12) Details ol"any awards received. Valmont recently received the President's Award for
innovative Pole Design firom AltaLink
PAGE 20 OF RFP # 5404
RFP 5404
Cl
CITY QFRAENTON
RFP FOR SUPPLY OF GALVANIZED STEEL TRANSMISSION POLES
As stated above, completion of Attachment C - Business Overview Form may substitute for
submission of the above information. Additionally, firms may submit additional information,
to ensure a more complete understanding of the firm, and comprehension of the capabilities.
The responding individual or business shall provide pertinent information about the
individual or business and related experience(s) with the requested products or
services. Indicate what resources the individual or business will have available to
allocate to the project. The respondent must currently be licensed to perform work
in the State of Texas. A copy of current licensing must be included in your
proposal. Relevant experiences and capabilities of the individual or business team
members and team as a whole will be rated by the City by a review of both
completed and on -going assignments, years of relevant experience in communities
of comparable size, and credentials; greater weight will be given to project
experience within the past rive (5) years containing the team members proposed:
Please see Appendix V III attached. Licensing not applicable to vendors.
Valmont's Certificate of Status is attached in Appendix V
,7,. The steel fabricator shall have been regularly engaged in the structural fabrication
of galvanized, tapered tubular steel transmission power line structures for a period
of at least five (5) years. Yes, Valmont Newmark has been in business since 1993.
b. Provided at least 2,500 poles of a similar type to those specified in this RFP, to
electric utilities during a five (5) year period. Valmont Newmark meets these
requirements, Valmont Newmark (Utility Division) has net sales of $698.2 Million in 2009.
$472,2 Million in 2010,$620.8 Million in 2011, $869.7 Million in 2012., and $959.7 Million
in 2013 forTransin i ss ion, Distribution, and Substation sales.
Three (3) references from electric utilities for the products requested, The City
prefers references from municipalities of similar size. Vairnont Newmark has provided
reforences front MUnicipalities and others below
d. Provide information indicating the ability to supply products as specified within the
needed firne by documenting delivery performance for orders completed and
delivered during 2013. Valniont has unmatched capacity in the utility industry, with I I stead
facilities and 6 conQrcte facilities in Noi-,h America, with three additional steel fiscilities in ( I h i na,
With this multiple site capability, this allows for a quick J'CSpouSe to UnfOreSeGrl upsets and
crncrfycncy response, in 2013, Valmont Newmark"s on -time delivery performance averaged 97%.
This was tracked and reported monthly,
e, A defined levet of industry knowledge and understanding
Valniont Newrnark has, an advanced design program that is bas'ect on 40 vcars of pioduct
validation testing and is used in all OUr global Facillifles, It is based on itic ASCE 48-1 '1 siandards
for utility structure design, All VaimowNOVrrrark production facilities fbllow the sarne quality
aISSUrance procedures and are staffed with cetiffiod welding inspectors who can ensure we :alert
Our M I tolerance specifications. Many ol'oka enguieers serve on industry pamels and si)eci fica [ion
cornw.ittees providing technical expertise related to Lhe design and fabrication ofsleei and concrete
utility StRICWICS, Our industry leading tea nn offers the most experienced and innovative
en-meernip staff%vith 33 striwhire engineers to support vou with creativo strucane solutions.
PAGE 21 OF RFP # 5404
RFP 5404
CITY CEIRRhMENTON
FOR SUPPLY OF GALVANIZED STEEL TRANSMISSION POLE!
f. The Proposing individual or business must be registered in the State of Texas, or the
County of Denton, to provide the services required for the project, and the
individual or business must have all licensure required by the State to provide any
services required under this contact. Registration and licensing requirements for
specialized services may be met through the use of subcontractors. If
subcontractors are used, information on the subcontractor must be included in the
response to this RFQ. Use of subcontractors does not relieve the general or primary
contractor from full responsibility for the project performance. Not Applicable
& Certificate of Status — Issued by the Texas Secretary of State
A "certificate of status" is a certificate issued by the secretary of state that serves as
official evidence of an entity's existence or authority to transact business in Texas. A
certificate of status provides a statement of an entity's status, as well as the entity's
current legal name and date of formation or registration. How do I obtain information
about filing with the State of Texas, or obtaining copies or certificates from the
Secretary of State? Webpage: http://www.sos.state,tx.us/corp/cMies.shtml; Phone
512-463-5578; or email corpcert@sos.state.tx.us.
Please see Vahnont's Certificate ofStatus (Appendix V) attached to this RFP. Valmont curiently has
two steel facilities in Texas (Mansfield and Brenham), and one concrete facility in Bellville., TX
h. The individual or business must disclose any business relationship that would have
an effect, of a conflict of interest. A conflict of interest statement must be signed as
part of the contract negotiated with the awardee(s). Valmont has no ("onflict of
Interest
Must be an authorized manufacturer or distributor authorized by the manufacturer
to sell to the City of Denton, Texas. valmont is authorized to sell to the City ot'L)enton
a. Respondent shall detail any and all relevant history of litigation involving public
projects, Valmont Newmark has not been a party to any liti-ation within the last 5 years.
bo Respondent shall detail any and all exceptions within the proposal response. Please
see altached comments and exceptions in Attachment 1.), as well as'I'eclinical Comments and
Exceptions in Appendix X1
c. The individual or business must disclose any business relationship that would have
an effect, of a conflict of interest. A conflict of interest statement must be signed as
part of the contract negotiated with the awardee(s). (Attachment G) No Conflict or
Interest
Respondent shall complete the business overview questionnaire, Project Information
Form & Schedule Compliance Form per Attachinent C. Please see response in Attachment C
Exhibit E
CITY OF DENTON
RFP FOR SUPPLY OF GALVANIZED STEEL TRANSMISSION POLES
Jamie Henson
- - ProJect Administration
Mike Arrhur —
f1rqJcctM.anagewnc3it
Donghui Yuan
Site Manager Engineering V�,,dlty, NE
Justhi Pollert
Project Engincer
Scx.W Obernioller
Design, Fngineer
17. Number of Personnel by Discipline:
Discipline Number of Staff
Division'rotal
Adridnistration
12110
Sales
50
Engineering
33
Drafting
IT
20
Leads/Supervisors
95
ProdUCti0a
1 132
Quality
101
Mat'l Han(fling
99
Maintenance
77
Shipping
68
# Licensed or Certified
1924
Estimate 90% of Quality to be cortified and 75% of'steel production
18. Services Provided by Contractor;
a. Please provide a detailed listing of all services that YOW'company provides.
Vahnont industries provides products for the irrigation indUstry, coating ,q industry, Wbing industry, utility
i ndustry, as we I i as i fie en gincerin g support structures industry. WITIOnt Ne"'ITIark is the U4 il ity Div is ion
of'Valmont industries. Valyriont Newrriark provides structures for Transinksion Poles, Distribution fries,
SW/SWR (Sub-Transmisson) Poles, Substation Su'Lictures and Combination Structures like our Hybrid
(Concrete and Steel Structures) Poics, and Muscle Poles (Concrete Fffled Steel Sti`Udurcs),
Is, Please detail your prior experience working on similar projects with Texas governmental entities.
Valmont has worked on projjecis i'or �a riumber oaf" exa�s custmnors, To list a few, Bryan Texas Ufflities,
New Braurolids Utilities, Lower. Colorado River Authoritv, City of Sari Marcos, City PUblic Service W'San
Antonio, 11"you go outside of the state of Texas, we could mention Tennessee Valley ALIthority (TVA),
Savrainento Municipal Utility District (SMt ' 11)), InipcHal InIgatio,, 13istrict (I 11)), art(,] Western Aren
power Administration (WAPA) to list a fe%v
c. Please detail your similar services provided over the past two (2) years.
For Inkinicipalities in the state oaf TCXaS, FnUlfl',fle distribution projects of bosh 'lass poleand custom
designed structures are consnion. Thereare many Nor proJects ifiat V',1fiTN)n.t has work-d on fbr Inveslor
Owned Utilities, Transmission Clornpanies, and Cooperatives, ffThe City, wouW like rnore refierences.
cl, Detak doe ffnented proof ofat least three (3) projects in the past two (2) years.
Listed bcVow arcsome exwnples of large proJect v,,ork we recently corn[fleted. This Hs( is not of
governnicnial eritAieS, brut I-Rthei exan'ps of other large project work recerifly completed by Vairnmil
Neivinark,
-Cross Texas Fransroission CR[Z Proect 13i uaaikcs oH ouble Circuil ;45kV
J
PAGE 46 OF RFP # 5404
RFP 5404
Exhibit E
CITY OF DENTON
12
i
`cuic Cooperati(' ve R.I'-Z Pro Lct 200 Miles of'Doid le (71'notIit Capebk�, Sngic
SOUth. 1'exas, LAo Circuit '15kl/
400INIlilC,,Sas*']),'�Lsbe(',ica,il(345l<V
-Vakywnt has rMMIMUS adflance contracts with utilities around the country. Mhancc ctistornens have a
dedicated tearn within L'r-,igincering, Draftin'-, Prqjled Administration, and Project Management to
s6veorrtline cornmunications and offer consistency,
e. Please detail these services, including, the nature of the services provided, the scope of the activities,
the organizations for which the services were provided, the dates of the projects, and the
documented benefit to the governmental entity.
Vd --alniont Newinark provided steel inonopole st, uctures for the pi -q J eats ,te bedow, These projects
were to bring wind power froin West'l-exas and die Panhandle to highly populated rnetropolitan kireas
of the state,
--Cross Texas Tnansrnission CR 12 Prqject
-235 rr,0es of Double Circuit 345kV
-Anchar Based and fonbeddQd Structures
-Januan! 201 1 to August 2012
C0()Jjerc retjV,,,'R[-'Z Pro
Ject
200 Miles 01. Dooble citcuft ca� -5kV
Pable Single C`rcu�t 3d-
Anchor Based and Ernbedded StrUOUQ-05
Aprill 2012, to kllay 2013
A 1-,A'- E'A V C'R f 7 Project.
'00 Nlfles ofDouble Circrik 345kV
-Anclhor Based zwd ErnbedadkA SO-LICUINS
aflf' Z
Lare I0 10 to Jklid 2012
19. Has Your company filed or been named in any litigation involving your company and the Owner on a
contract within the last five years under your current company name or any other company name? If
so provide details of the issues and resolution if available. Include lawsuits where Owner was
involved. Valmont Newmark has not been a party to any litigation within the last 5 years.
20. Please provide at least (3) three references (preferably municipalities) and contract amounts. Include
project description, contact narnes, position, and organization name and telephone number for each
reference listed. See attachment F.
21. Have you ever defaulted on or failed to complete a contract under your current company name or any
other company name? If so, where and wily? Give name and telephone number of Owner. No
22. Have you ever had a contract terminated by the Owner? If so, where and wily? Give name and
telephone number (s) of Owner (s). No
23. Has Your company implemented an Employee Health and Safety Program compliant with 29 CFR
1910 -'General Industry Standards" and/or 29 CFR 1926 "General Construction Standards" as they
apply to your Company's customary activities?
littp-//www.oslia.L,.,Ovi'lilsl/oshawebl'owasreli.,sv,areli fonn'lp p toc levol—
__�Ioe [ypc=S1'ANDARL)S&
I &.p_keyvaluc= 1926
PAGE 47 OF RFP # 5404
RFP 5404
Exhibit E
CITY OF DENTON
RFP FOR SUPPLY OF GALVANIZED STEEL TRANSMISSION POLES
C , �urrenfly the LIfility Div kion's 'if ealth &Safety program is Policy cK, procedure specific to each safety related
item & ineets or exceeds OS I Ws expectations as defined In 29CFR1910, A bang with the policies &
procedures the L)Msion hovis the sharing of best practices &, lcarrnngs, tip to date cortillied safety training as
well as annual compliance audits at each of its locations,
24. Resident/Non-Resident Bidder Determination:
Texas Government Code Section 2252.002: Non-resident bidders. Texas law prohibits cities and
other governmental units from awarding contracts to a non-resident firm unless the amount of
such a bid is lower than the lowest bid by a Texas resident by the amount the Texas resident
would be required to underbid in the non-resident bidders' state. In order to make this
determination, please provide the name, address and phone number of:
Please see Vali-nont's Certificate of Status attached to this RFP. Valmont currently has two steel facilities
inTexas (Mansfield and Brenham), and one concrete facility in Bellville, TX
a. Proposing Firms principle place of business: Vahnont Newnsark's Mansficid. Brenham and
IWIville fabrication facilities are ali locatod irk the State of Texas.,rhu sites have engineering,
manufacturing and order administrative resources at each location,
Valmont Newmark - Nlansfield, TX
102 Sentry 1)rive
Mansfiekj,'J'X'70063
8 17-4733-0220
VaIrtiont Newmark Brenhain, TX
2551 Valinont Drive
Branham, TX 77833
979-836-9395
Vafinc)nt Newmark -- Bellville, TX
l 1308 Texas 36
[Wiville,TX '77418
979-965-9 1 ' 7
b, Company's maJority owner principle piace of business: Vahnow Newmark's Divisionul
Headquartor, is in ffirmingham, AL 'I'l1is covers our'Fcxas sites managenientoversight,
Valmonr Newrii ark. Divisional lleadquarterS
2 Perimeter Park Smith
Suite 475 Wem
,Birnflrig,ham, Al, 35241
c. t Jitirnate Parent Cloinpany's principle place of business: Ornalta, NE is, Valmont's Corporate
lfeadquartuisThis, covers oversjgnt for account approvals, invoicing, etc,
C
Vahnont Industries ('orporate HMdCjUar,eT'S
I Vahnom Plaza
Omaha, N L,' 68154
PAGE 48 OF RFP # 5404
RFP 5404
Exhibit E
CITY OF DENTON
RFP FOR SUPPLY OF GALVANIZED STEEL TRANSMISSION POLES
M--
E J, D1 al 01 " 3101 a
Please list three (3) Government references, other than the City of Denton, who can verify the quality of service your
company provides. The City prefers customers of similar size and scope of work to this proposal.
REFERENCE ONE
GOVERN IN ENT/COM PANY NAME: Lower Colorado River Authority
LOCA'F1ON:Mu1fip1ePrcjfects Allover the State orrexas
CONTACT PERSON AND TITLE: RobirrNflins
TELEPHONE NUMBER: 512-730-6285
SCOPE OF WORK: Boqi Steel and Concretc Structures for various kVs firorn 69 to 138kV
CONTRACT PERIOD: From Februaryot'2012 to present Other work done tbrthern previously, but this is the current
Contract tune period
REFERENCE TWO
GOVERNMENT/COMPANY NAME: Chy Public Services of San Antonio
LOCATION: San Antonio,'I'X
CONTACT PERSON AND TITLE:Tim Constanzo
TELEPHONE NUMBER: 210-3i3-3,123
SCOPE OF WORK: Steel Distribution Multiple projects ovorcontract the last severai years
CONTRACT PERIOD: 2011 to presort Other work done fbt- therm PI-CViOUSly, but this is Elie current contr',.kct (line
period
REFERENCE THREE
GOVERN M ENT/COM 13ANY NAME: Br.w,,n 12-mis L)Ilit W-N
LOCATION: 'BrYan, FX - South Loop Prcjcct
CONTACT PERSON AND TITLE. Division fvlawwer - "Fraiisrilission,
TELEPI ION E NUMBER: 9-19-209-9799
SCOPE OF WORK: '6 138 kV rIoichar 13,1sed SU'Llcture,-,
CONTRACT PERIODNovrmlhc,,r 20L3, In (11'u1'C10
PAGE 51 OF RFP # 5404
RFP 5404
Exhibit E
CITY OF DENTON
RFP FOR SUPPLY OF GALVANIZED STEEL TRANSMISSION
THE STATE OF TEXAS
The undersigned agrees this RFP becomes the property of the City of Denton after the official opening.
The undersigned affirms he has familiarized himself with the local conditions under which the work is to be
performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters
that maybe incidental to the work, before submitting a proposal,
The undersigned agrees, if this proposal is accepted, to furnish any and all items/services upon which prices are
offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance
of this Proposal will be ninety (90) calendar days unless a different period is noted.
The undersigned affirms that they are duly authorized to execute this contract, that this RFP has not been prepared in
collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this RFP have. not
been communicated to any other proposer or to any employee of the City of Denton prior to the official opening of
this bid.
Respondent hereby assigns to the City any and all claims for overcharges associated with this contract which arise
under the antitrust laws of the United Slates, 15 USCA Section L et sec., and which arise under the antitrust laws of
the State of Texas, Tex. Bus. & Com. Code, Section 15,01, et sea,
The undersigned affirms that they have read and do understand the specifications and any attachments contained in
this RFP package.
The undersigned agrees that the RFP posted on the website are the official specifications and shall not alter the
electronic copy of the specifications and/or pricing sheet (Exhibit 1), without clearly identifying changes.
The undersigned understands they will be responsible for monitoring the City of Denton Purchasing Website at:
httn://www.citvofcienton.00ir/iitdex.aox?pag_e=397 to ensure they have downloaded and signed all addendum(s)
required for submission with their proposal.
Should a conflict arise between the PO, supplier terms, or contract; the terms and conditions set forth in this RFP
shall prevail.
I certify that I have made no willful misrepresentations in this Proposal Submission, nor have I withheld information
in nay statements and answers to questions. I am aware that the information given by me in this proposal will be
investigated, with my full permission, and that any misrepresentations or omissions may cause my proposal to be
rejected.
NAMEf AND ADDRESS OF COMPANY: AUTHORIZED REPRESENTATIVE.
P Itle4) Signature
Date e r —
Name r......_'.1�.
Tel. No,
Email.
PAGE 55 OF RFP # 5404
Title
Fax No. if
RFP 5404
Exhibit E
1 10
I. I am looking through the designs for the RFQ and I do not see a drawing for Design
TPS-138DCX. Is this the same design as the TPS-138DC only with an anchor caged
foundation instead of embedment?
TPS-138DCX is on an anchor bolt foundation. The embedment note should have
been deleted. The pole is configured for 2 static wires. Note the additional static line
load on the pole,
2. Would you verify for us section 9, subsection C under deflection on page 10 of 13
(Technical Specifications Exhibit 2)? The two percent of pole height for the
deflection for all structures and all load cases seems excessive.
9.c shall now reference switch structures only.
9. Camber.
a. Unless otherwise noted on the design detail, the steel poles designed for
eccentric loading or line angles shall be cambered to counteract the
eccentric loads or line tensions at 60 degrees Fahrenheit. Shop camber
is required if the pole lop deflection is 10 inches or more,
b. Camber direction or Rake distance and direction shall be provided for
each structure and shall be clearly labeled on each structure drawing,
c. The switch structures shall not exceed a two percent (2%) of pole height
deflection limit for any load case.
3. TPS-138DCX dwg is not available in the specs.
See the attached supplemental drawings for Exhibit 4.
4. Drawing DC19-UG on str list should be DC1P-UG as per the available drawings,
Correct, that was a typo in the specifications
5. From load tree diagram, it looks like all the loads at each point (bundled, double
circuit) is resolved and provided as one point load. So, given loads are applied as
point load on pole directly without arms or insulators. Say for example, dwg TUS-
7GAU will have 6 point loads (1 SW, 3 COND & 2 DIST) only. With this no
conductor & distribution arms will have designs.
RFP 5404
Exhibit E
Divide the resolved loads by the wire quantity to get the individual point loads on the
arms,
6. Also it is a little unclear as to who will be supplying the distribution crossarms. Is
detail TC-9S just a reference for use in designing the distribution ann or is it to show
the arms you have that will be used?
The pole manufacturer should include the steel distribution arms in their proposal.
The fiberglass arms are shown for reference only.
nomollommelami
This farm should be signed and returned with your proposal.
Name. —34
Signature: c
,r r
Company:.P
Title:
��f r �'' . r � , "
Date.
RFP 5404
Exhibit E
RFP # 5404
Addendum #2 to be returned with Proposal
The following questions and clarifications have been provided:
1) Please see additional drawing in Exhibit 4 TUS-7GXU attached.
2) Base plate steel type. City specification states:
Base Plates: Materials used to construct galvanized steel base plates shall
conform to ASTMA-572, latest revision entitled High Strength, Low Alloy,
Columbium -Vanadium Steels of Structural Quality, Grade 60, A-588 or A-633,
modified to provide minimum yield strength of 60 ksi.
The availability of grade 60ksi base plate steel is quite limited which leads to very
long lead time. We propose to use ASTM A572 Grade 50 for base plate up to 4"
thick and use ASTM A350 Grade L1F6 Class 2 forging steel for base plate more
than 4" thick on galvanized poles. Is that acceptable?
The substitution of ASTM A572 and ASTM A350 is acceptable.
NO OTHER CHANGES AT THIS TIME.
This form should be signed and returned with your proposal.
" k
Name. Jq t,,I'
b._
Company.
Title: P w� r-
4
Date. �i.
RFP 5404
Corporations Sections y;` t� NaIldlta Berry
P.O.Box 13697 Secretary of State
Austin, Texas 78711-3697
Office of the Secretary of State
Certificate of Fact
The undersigned, as Secretary of State of Texas, does hereby certify that the document, Application
For Certificate Of Authority for Valmont Newmark, Inc. (file number 12044006), a DELAWARE,
USA, Foreign For -Profit Corporation, was filed in this office on April 10, 1998.
It is further certified that the entity status in Texas is in existence.
In testimony whereof, I have hereunto signed my name
officially and caused to be impressed hereon the Seal of
State at my office in Austin, Texas on March 06, 2014.
Nandita Berry
Secretary of State
Come visit us on the internet at http: //www. sos. state. tx. us/
Phone- 512� 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services
Prep;MPby: �bS-WEB TID: 10264 Document: 532662780003
Exhibit E
CERTIFICATE OF LIABILITY INSURANCE
AT01®srzo;a')
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
3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMP(3RTANT: If the oertltdcatD holder !s an ADDITIONAL INSURED, the ptalloy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In Ileu of such endorsee ent(s).
PRODUCER _.. -. _-- -- -.. CONTACT
Aon Risk services Central, Inc. iNE_, (402) 697-1400 FAX (47-0017
Omaha NE office [A+p• • Ex1I: AA . N°' 02) 69
iIZ13 Davenport e-MAJL
Suite 201 ADDRESS:
Omaha NE 68154 USA INSURER(S) AFFORDING COVERAGE NAIC
AmericanINSURED INSURER A: ACE ante Company ZZ667
Valmont Industries, Inc. MISURERB: continentaln� tal insurance
Company 20443
Attn: Kathy Heaney— ""' ..
one Valmont Plaza INSURERC:
Omaha NE 68154-5215 USA INSURER 0: �
INSURER E:
INSURER F:
COVERAGE'S CERTIFICATE NUMBER: 570052S19664 REVISION NUMBEI
THIS I. TO CC Rl IFY TEAT THE POLICIES OF INSURANCE LISTED BELOW HAVE D - E EN ISSUF-D °t0 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requestt
NTYPE OF INSURANCE ; R WVp_ POLICY NUMBER PD YYY M p �yyy_j� LIMITS
A _ ®HOOGL -._.y Isl)"1 %.1i1`s - .,®...-..._...._ 2,000_. (
GENERAL LIABILITY EACH OCCURRENCE $2,000,0(
General Liability �u YlSRENTED. — $1,000,0(
X COMMERCIAL GENERAL LIABILITY PRFMISES fEe amrlrencel , ,
CLAIMS -MADE E OCCUR IVIED EXP (Any one person) $1010(
C,EN I. AGGREGATE LIMIT Ar H hers PER:
POLICY X PFi _ LOO
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
HIREDAUTOS NON -OWNED
AUTOS
X UMBRELLA LIAB X I OCCUR
EXCESS LIAB CLAIMS -MADE
DED I X RETENTIONf10,000
A WORK03 COMPENSATION AND
EMPLOYERS" LIABIL€TY Y 1 N
ANY PROPRIETORt PARTNER l EXECUTIVE
CvFFJa F4IN €`MIJE`14 rXCtU0ECr1 rN I N I A
Ivlow
A
umbrella
WC
Architects & Engineers Pr
PERSONAL 6 ADV INJURY $1, 000 ,
GENERAL AGGREGATE $4,000,
PRODUCTS - COMPIOPAGG $4,000,
$2,000,
BODILY INJURY ( Por pesonl
BODILY INJURY (Per accident)
uw
PtliOT''E,RTY DAMAGE
EACH OCCURRENCE
.............
..........x..�.-....,.
AGGREGATE $25,
EL. EACH ACCIDENT $1,000,000
E.L. DISEASE -EA EMPLOYEE $1,000,000
E.L. DISEASE -POLICY LIMIT $1,000.000
Limit (1) $5,000,000
vescRIPTIOM OF ovERATions i LotATIDNS I VFHICLrS #AIInch ACOND 101, Nlffltlonnl RwarWt Scttad€tto, II more apace Is roqulracl) e'
Additional insured - The General Liability and Automobile Liability policies include a blanket automatic additional insured
endorsement or policy Lerms ihaL provide additional insured status to certificate holder including the "products -completed
operations" hazard where required by written contract.
waiver of subrogation All polit-ies listed above include a blanket automatic waiver subrogation endorsement or policy terms
That provide a wailver of subrogation only where required by written contract.
Lass Payee - Automobile Liability policy includes a blanket loss payee endorsement or policy terms that provide loss payee
status to certificate holder where required by written ;montratt.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
valmont Industries Inc.
AUTHORIZED REPRESENTATIVE
Attn: Kathy Heaney
one valmont Plaza
13815 FNB Parkway
Omaha NE 68154-5 15 USA
01988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
RFP 5404
IV
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Exhibit E
Valmont Industries, Inc.
Insurance Coverage
Valmont Industries, Inc. and its subsidiaries shall obtain and keep in force at all times
during the term of the agreement the following insurance coverages placed with insurance
companies having an A.M. Best rating of A- or better:
Commercial General Liability Insurance including personal injury liability,
contractual liability, bodily injury, property damage liability, and products and
completed operations liability with limits of $2,000,000 per occurrence and
$4,000,000 aggregate.
Automobile Liability Insurance, including owned, hired, and non -owned coverage with
a combined single limit of $2,000,000 per occurrence.
Workers' Compensation Insurance with statutory limits, as required by the state
having jurisdiction over Contractor's employees, and Employer's Liability Insurance
with limits of at least:
Bodily Injury by accident - $1,000,000 each accident
Bodily Injury by disease - $1,000,000 policy limit
Bodily Injury by disease - $1,000,000 each employee
Umbrella Liability Insurance that follows form with a limit of not less than
$25,000,000.
Professional Liability Insurance with a limit of $5,000,000 if the agreement involves
any professional services including, but not limited to, construction management,
architectural, engineering or testing services.
Occurrence vs. Claims -Made. All policies shall be written on an occurrence basis with
exception of professional liability, which is written on a claims -made basis. Under the
professional liability policy, Valmont Industries, Inc. and its subsidiaries warrant that any
retroactive date applicable to coverage under the policy precedes the effective date of the
agreement and that continuous coverage will be maintained or an extended discovery period
will be exercised for a period of three (3) years following the expiration or termination of the
agreement.
Primary and Non -Contributory. The insurance coverages above shall apply as primary and
non-contributory.
Page 1 of 2
RFP 5404
Exhibit E
Additional Insured. Customer shall be included as an additional insured on all policies other
than the Workers' Compensation and Professional Liability policies.
Waiver of Subrogation. The insurance policies above shall contain a waiver of all rights of
subrogation by the insurance carriers.
Certificates of Insurance. Valmont Industries, Inc. and its subsidiaries shall furnish the
Customer with certificate(s) of insurance on the effective date of the agreement, upon renewal
of any of the above policies, and upon the Customer's request. The certificate(s) shall
evidence that all such insurance specified herein is in force on or before the effective date and
thereafter.
Page 2 of 2
RFP 5404
Exhibit E
City of Denton
RF P 6404
SUPPLY OF GALVANIZED
STEEL TRANSMISSION POLES
FOR THE CITY OF DENTON
Appendix VIII
RELEVANT EXPERIENCE AND CAPABILITIES
The responding individual or business shall provide pertinent information about the individual
or business and related experience(s) with the requested products or services. Indicate what
resources the individual or business will have available to allocate to the project The
respondent must currently be licensed to perform work in the State of Texas. A copy of
current licensing must be included in your proposal. Relevant experiences and
capabilities of the individual or business team members and team as a whole will be rated
by the City by a review of both completed and on -going assignments, years of relevant
experience in communities of comparable size, and credentials; greater weight will be
given to project experience within the past five (5) years containing the team members
proposed:
In Attachment C, Attachment F, and below, you will find some references and relevant
experience. Having the unmatched financial resources and position to fully support City
of Denton's future project needs is a Valmont Newmark strength. Our Global Utility
leadership in structure engineering, manufacturing capacity, overall capability, and
project management will be leveraged to ensure successful performance on your future
projects. Our resources and expertise in large project performance makes us the low risk
choice for your future project opportunities.
Valmont Newmark is the Utility Division of Valmont Industries. Valmont Newmark has
the industry's largest overall plant capacity and manufacturing footprint that includes 11
steel plants and 6 concrete plants in the U.S. and Mexico. In addition to this, we have 3
facilities located in China, and 8 galvanizing facilities in North America.
Valmont Newmark has an advanced design program that is based on 40 years of product
validation testing and is used in all our global facilities. It is based on the ASCE 48-11
standards for utility structure design. All Valmont Newmark production facilities follow
the same quality assurance procedures and are staffed with certified welding inspectors
who can ensure we meet our M 1 tolerance specifications. Many of our engineers serve
on industry panels and specification committees providing technical expertise related to
RFP 5404
Exhibit E
the design and fabrication of steel and concrete utility structures. Our industry leading
team offers the most experienced and innovative engineering staff with 33 structure
engineers to support you with creative structure solutions. The engineers tabbed to be on
this project will have the backing of this engineering group to guide them if necessary.
The sales manager for this job has been with Valmont Newmark for over 4 years, and in
that time he has won and worked on numerous large projects, as well as many projects
that are not of the size listed below. A few of the larger projects include a 235 mile
345kV line, a 200 mile 345 kV line, a 75 mile 345kV line, a 135 mile 345kV line, a 55
mile 345kV line, and a 70 mile 240kV line.
The project administrator that is planned for this project has been with Valmont
Newmark for over 10 years, and in this time (and in the last five years as listed above)
has also worked on numerous projects large and small for customers of various sizes. The
most recent large job that she was the project administrator for was a 400 mile 345kV
line.
The engineers that are currently on this job, and this may change to a more senior
engineer if awarded, have 7 and 1 year under their belts at Valmont. Recently and
currently, they have worked on numerous small jobs and several large jobs. Some of the
larger ones are a 75 mile 345kV line, a 135 mile 345kV line, a 55 mile 345kV line, and a
16 mile 138kV line. One of them handles one of Valmont's alliance accounts, which
averages around $30,000,000 to $35,000,000 annually.
The Project Manager that is planned for this project, has been with Valmont with less
than a year, but in his time with the company, he has been responsible for the Project
Management on a $51,000,000 project that utilized 5 different plants in two countries
delivering to a site in a 3`d country, and completed in 5 months.
Valmont is licensed to perform work in the State of Texas, and you can see our certificate in
Appendix V attached to this bid.
Recent projects that Valmont -Newmark has completed are listed below.
(the titles of people below may have changed since this list was made)
1) Xcel Energy, Southwest Minnesota Wind Transmission Project along with the Brigo project that
was added. The total dollar value was around $45M and consisted of approximately 1000
structures. The structures were Galvanized Single pole construction with arms and on anchor bolt
foundations. The structures were designed for 345kV single and double circuit and 115kV single
and double circuit. The project was broken up into 10 segments. On time deliveries were key as
this line had to be constructed and energized for the hook up to the new wind farm. The
deliveries spanned from April 2007 to November 2008. Some of the key things that lead to the
success of the project are as follows;
• Valmont engineers worked closely with BM engineers in the pre -planning stage to
come up with the most efficient designs and come up with the fewest design families
possible.
• A dedicated project management team was put in place.
RFP 5404
Exhibit E
• Weekly conference calls with BM and Valmont project teams from -start up to finish,
« Site visits
• Flexibility on both sides to improve processes etc as project progressed.
• 24/7 contact list.
• Utilized Valmont's vast capacity, 3 plants at one time, to insure on time deliveries.
• Utilized drop trailers at the site to allow to allow greater efficiency for the contractor
for scheduling his unload and transport of structures to the site.
• The following are contacts for the project;
o Xcel
■ Mark Anderson, Manager Transmission Projects 612-330-6488
o Burns and McDonnell
■ Steve Probasco, Senior Project Manager, 816 822 3951
■ Andy Jarvis, P.E. , Project Manager and responsible for engineering,
816 822 3951
■ Courtney Wilson, Project Buyer, 816 822 327
■ Mark Anderson, Manager, Transmission projects, 612 330 6488
2) PacifiCorp- The Populus-to-Terminal transmission line is the first 130-mile segment in
PacifiCorp's Energy Gateway Transmission Expansion project. Work began at the end -points in
Salt Lake City, Utah, and Downey, Idaho, in February 2009, to be in-service by year-end 2010
(structure delivery concluding 11/09). This approximately 135-mile line was a double circuit
345kV project. There were a total of 914 structures and over 6700 arms which were large poles in
and of themselves. The project had an accelerated delivery schedule that Valmont -Newmark
achieved on time within an eleven month time frame. The arm requirements alone would have
plugged any other competitors capacity. Valmont Newmark leveraged 5 of our domestic utility
division facilities and mitigated a 6 week project schedule delay caused by the owner. This
project was completed and had no impact to our performance on many other Alliance Partners
which demonstrates our ability to do several large projects without impacting our customers
fluctuating project requiremenrts and schedule. With 9 steel and 6 concrete plants Valmont
Newmark was able to take on this large project and still meet the large project demands of our
alliance accounts demonstrating the capacity and project experience to manage risk and reduce
cost. Valmont Newmark after award of bid used our Pro -Venture process to find a documented
cost reduction of over $3M on this project.
3) Allegheny Energy — Trans -Allegheny Interstate Line Company (TrAILCo), a subsidiary of
Allegheny Energy Inc., 500-kV transmission line extending from Southwestern Pennsylvania to
West Virginia to Northern Virginia. Valmont -Newmark delivered a total of 133, 500kV H-Frame
structures for this project from 4/09 to 10/09. All structures were manufactured and shipped from
the Hazleton, PA facility on time.
4) APS-The North Valley 500kV Project was delivered on time. There were a total of 112 structures
on this project.
5) Southern California Edison- Antelope - Pardee 500kV project for Southern California Edison
required 70 cantilever poles. Single circuit on arms in a delta configuration. All tangent to 3
degrees, except two running angle poles for a maximum line angle of 25 degrees. Structure
heights reached a maximum of 180'. Project was delivered on time.
RFP 5404
Exhibit E
6) Florida Power & Light- This project required 500kV weathering steel H-frames with battered
legs. The structure was full scale tested at the EPRI testing facilities in Haslet, Texas. Height
tested was 127.3 feet & weighed 29K lbs. Approximately 100 structures were provided for this
project.
7) Cross Texas Transmission- This was a double circuit, weathering steel, embedded and anchor
based 345kV CREZ Project. It featured arms that were the size of small poles themselves,
around 40' in length. This 235 mile project was delivered on time and in 19-20 months.
8) South Texas Electric Cooperative — This was a double circuit capable, single circuit delivered
galvanized, embedded and anchor based 345kV CREZ Project. This 200 mile project delivered
on time and in around 13 months.
RFP 5404
Exhibit E
r
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t �
Standard Cancellation Terms and Charges
From authorization to proceed through final engineering calculation submittal if the order
or structures are cancelled -10% of the project or structure price will be charged
From final engineering calculations through drawing print approval submittal if the order
or structures are cancelled - 20% of the project or structure price will be charged
From drawing print approval through material order if the order or structures are
cancelled - 50% of project or structure price will be charged, less any converted usage of
material for other projects
From material order through anchor bolt cage manufacturing and start of pole
manufacturing if the project or structures are cancelled - 70% of the project, structure or
anchor bolt price will be charged, less any converted usage of pole or anchor bolt
material
From anchor bolt cage manufacturing through pole manufacturing if the project or
structures are cancelled - 100% of the project or structure price will be charged, less any
converted usage or scrap value
RFP 5404
Quote No: 81107
vWsloaffmontV Engineering Comments By: Justin Pollert
March 6, 2014
N
Exceptions Page 1 of 4
City of Denton
The design information included with this proposal is preliminary in nature and may be refined after the award of
an order. Valmont's intent is to meet the inquiry specification with the following engineering comments. Please
review these, along with the design information enclosed, to assure that we have correctly interpreted the inquiry
requirements.
Prefitting of components or match -marking is not included in our proposal. The fabrication tolerances and
detailing practices used assure fit as well as interchangeability. Our standard method for identifying sections
assures correct section orientation and provides a reference point for measure of slip distance.
The distance between the bottom conductor phase and the top distribution phase was assumed to be 12', on
structure type TUS-7GXU. It was also assumed that the distribution arms would be provided by others.
DESIGN
Design is based on the following publications:
• ASCE/SEI 48-11, "Design of Steel Transmission Pole Structures"
• ANSI/NEMA TT 1-1983 "Tapered Tubular Steel Structures"
• ACI 318-83 (f c=2500 psi)
A 0.25 degree ground line rotation is included in the design of all structures.
Point of fixity for embedded structures is assumed to be at the ground line.
Our design calculations are based on static loads. Wind induced vibration is believed to be more likely to happen
when structures (or components such as arms) are installed without insulators and conductors. It is considered
good practice for installers to attach at least some equipment to each arm at the time of installation of the
structure. See I002 attached.
Cambering is included on structures that exceed the 10 inch deflection limitation for the everyday load case.
Camber costs have been included at this time for those structures,
MATERIAL
The following materials will be used:
shaft and attachment plate: (Galvanized)
thk <= 1.25" Valmont S-22 (exceeds ASTM A572, Gr 65, Heat test)
1.25" < thk< 4" Valmont S-56 (exceeds ASTM A572, Gr 50, Heat test)
thk<=4" Valmont S-221 (exceeds ASTM A572, Gr 60, Plate test)
anchor bolts: Valmont S-23 (exceeds ASTM A615 Gr. 75)
connection bolts: ASTM A325
nuts/washers: matching the bolts used
ANCO type locknuts are provided for connection bolts other than anchorage
FABRICATION
Bolt holes will be 0.13" larger than the nominal bolt diameter, except for anchor bolt holes in base plates which
will be 2.63" in diameter.
RFP 5404
Quote No: 81107
valsominont 7 L
II By: Justin Polled
March 6, 2014
N
.� xceDtio Page 2 of 4
Caged anchor bolts will be provided as shown in the attached sketch. Note that the bottom template is welded to
the anchor bolt at a point below the required bond length.
Identification markings will be stamped into plates welded to the components.
Slip joint tolerance: +6",-(1.872/Taper + K)
where: Taper = diameter change per foot of length (in/ft)
K = 9.9 - 0.082(D/t)
D = top diameter of male section (inches)
t = thickness of male section (inches)
Tolerances for fabrication shall meet Valmont's M-1 specification attached.
Welding and weld inspection will be performed in accordance with Valmont's W-22 specification attached.
Weld joint details will have either the prequalified or qualified joint status in accordance with the AWS 131.1
code.
Attachment vangs will extend thru the pole shaft eliminating the need for doubler or reinforcing plates.
Vang-to-pole shaft welds will be fillet or partial penetration groove welds (with or without a fillet overlay) sized
for the strength requirements of the joint. These welds are qualified in accordance with AWS 131.1.
The arm -to -bracket weld has been standardized as a partial penetration groove weld with fillet overlay sized to
develop the full strength of the arm section. This weld detail is fully inspectable per AWS acceptance criteria
and develops the full strength of the arm while maintaining thru-thickness stress levels per ASCE allowables.
FINISH SPECIFICATIONS
Hot -dip Galvanizing of Members per Valmont Specification F-1 (exceeds ASTM A123).
Hot -dip Galvanizing of Hardware per Valmont Specification F-2 (ASTM A153).
Chemthane coating meeting Valmont F-398 specification is proposed for below grade protection.
SSPC SP8 surface preparation will precede galvanizing. Exposed welds will be mechanically cleaned.
A maximum galvanizing thickness will not be guaranteed.
INSPECTION
Base plate material shall be ultrasonically inspected per ASTM A435 and Valmont WI 10.04
Certified test reports are obtained from our suppliers for:
1, structural steel plates and shapes
2. connecting hardware
3, welding electrodes and flux
4. rebar used for anchor bolts
RFP 5404
Quote No: 81107
41
vallwalmlontV I Frll ineering Comments By: Justin Pollert
March 6, 2014
NEWNMARK & ExceDtions Page 3 of 4
Formed plates will be visually inspected for cracking. Magnetic particle inspection will supplement the visual
inspection in questionable areas.
Inspection records in the form of "Traveler Cards" will follow the components through the fabrication process.
The third part inspection agency should be approved by Valmont.
Systems are in place that will provide the following levels of test report traceability:
1. direct, one-to-one traceability to pole shafts and base plates
2. batch to other structural components
The test reports and inspection records are maintained at Valmont. When requested, these can be provided to the
customer no sooner than two weeks after the fabrication of the component.
We recommend the turn -of -nut tightening method explained in the AISC Steel Construction Manual
specification. Torque values for bolts will not be provided.
DRAWINGS/CALCULATIONS
Preliminary drawings showing standard features and options are included with proposal.
Final designs and drawings will be submitted on a schedule determined by the required shipping dates.
Valmont standard drawings and details shall be supplied and shall include the following information:
1. - erection drawings, will include the following:
total structure weight
arm connection detail, no bolt details / layouts
referenced major components and loose hardware bill of material.
2. - section assembly drawings will include all integral parts of the section.
3. - subassembly drawings: i.e. arm assemblies with all integral parts.
THESE DOCUMENTS, DRAWINGS, AND/OR CALCULATIONS AND ALL
INFORMATION RELATED TO THEM ARE THE EXCLUSIVE PROPERTY
AND THE PROPRIETARY INFORMATION OF VALMONT INDUSTRIES, INC.
AND ARE FURNISHED SOLELY UPON THE CONDITIONS THAT THEY WILL
BE RETAINED IN STRICTEST CONFIDENCE AND SHALL NOT BE
DUPLICATED, USED, OR DISCLOSED IN WHOLE OR IN PART FOR ANY
PURPOSE, IN ANY WAY, WITHOUT THE PRIOR WRITTEN PERMISSION OF
VALMONT INDUSTRIES, INC.
RFP 5404
Quote No: 81107
anufacturBy: David Stokes
March 14, 2014
NEMARK Comments & Exceptions Page 1 of 1
Welding Electrodes -
Section V— Steel Pole Detailed Specification: Paragraph E.4. Welding -General — Valmont does not
perform test of welding electrodes. We rely on the Electrode manufacturer's periodic Certificates of
Conformance to Requirements for Welding Electrodes that are posted by the electrode manufacturers on
their respective web sites. These are general and not lot specific. Mechanical impact properties,
including impact testing are shown in these reports for the filler metal, but at -50F.
Proof By Testing -
Section V — Steel Pole Detailed Specification: Paragraph D.I.f — Valmont does not perform "prove by
testing", for every design.
Delivery -
Section I— Purpose: In paragraph 3, and Section II— Service Conditions: Paragraph A. Site
Location; Valmont typically optimizes shipments and does not deliver a single pole on a single truck to a
single site location.
Replacement Parts —
Section III — Technical Terms and Conditions: Paragraph G. Guarantee, 2nd paragraph; We can
respond to issues within 3 days, we CANNOT guarantee that replacement parts will be provided within
5 working days. Stock hardware can be provided during the 5 day period; replacement parts are custom
made and some of the lead times can be up to 3 weeks.
RFP 5404