2012-331ORDINANCE rro. 2012-3 31
AN ORDINANCE ACCEPTING COMPETITIVE PROPOSALS AND AWARDING A
CONTRACT FOR THE PURCHASE OF PHASE OVER PHASE 138KV POLE MOUNTED
GANG OPERATED AIR BREAK (GOAB) SWITCHES FOR DENTON MUNICIPAL ELECTRIC;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE (RFP 5065-SUPPLY OF PHASE OVER PHASE 138KV POLE MOUNTED
GANG OPERATED AIR BREAK (GOAB) SWITCHES AWARDED TO STUART C. IRBY
COMPANY 1N THE NOT TO EXCEED AMOUNT OF $470,000).
WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for
the supply of 13 8kV pole mounted gang operated air breal� switches for Denton Municipal Electric 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 rnost 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
5065 Stuart C. Irby Company $470,000
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 substantial accordance with the
terms, specifications, standards, quantities and for the specified sums contained in the Proposal
Invitations, Proposals, Response 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 the RFP 5065 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 �� day of �G� , 2012.
MARK A. BURROUGHS, MA'YOR �
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
� �l�L � � .� , f�� i
,
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: .� ,
5-ORD- 5065
��C��'��r ��
�/l2 %��I
� �
� ?�CZ-3�
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND STUART C. IRBY COMPANY
THIS CONTRACT is made and entered into this 4th day of December A.D., 2012, by
and between Stuart C. Irby CompanX a corporation, whose address is 7125 Belton Street, Fort
Worth, TX 76118, 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 the revised document RFP # 5065
—Su�ply of Phase Over Phase 138kV Pole Mounted Gan�Operated Air Break (GOABI
Switches, a copy of which is attached 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) Revised Request for Proposal (Exhibit "B")
(c) Supplier's Proposal. (Exhibit "C");
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 5065
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year
and day first above written.
CITY OF DENTON, TEXAS
A TEXAS MUNICIPAL CORPORATION
By:
ATTEST:
JE IFER WALTERS, ITY SECRETARY
By:
APP O ED A TO LEGAL FORM:
ANITA BURGES , C Y TORNEY
By: ,
SUPPLIER
ATTEST:
I�
APPROVED AS TO LEGAL FORM:
:
_ = ----- --..�
� �� �RFP 5065 �
STUART C. IItBY COMPANY
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MAILING DRESS
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PHONE NUMBER
Eghibit A
Special Terms and Conditions
uantities
The quantities indicated on E�ibit C 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 Chan�es Durin� 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
dentonpurchasin�(a�cityofdenton.com, with the above file number in the subject line, for review.
Products found to have changed speciiications 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.
Authorized Distributor
The supplier shall be the manufacturer or authorized distributor of the proposed products. The
distributor sha11 be authorized to sell to the City of Denton, and make available the
manufacturer's representative as needed by the City.
Contract Terms
Contract is for a one (1) year period. The City and the Awarded Supplier shall have the option to
renew this contract for an additional four (4) 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 iri accordance with the provision of the
section titled "price adjustments", or the section(s) titled "termination". Extension of contract
terms will require mutual agreement of the parties.
Price Escalation and De-escalation
Prices quoted must be firm for a period of one year from date of contract award. Any request for
price adjustment must be based on the, U.S Department of Labor, Bureau of Labor Statistics,
Producer Price Index (PPI) for Other Electrical Equipment & Component Manufacturing
(PCU3359-3359--) as found at (http://www.bls.gov/ppi/home.htm). The price will be increased
or decreased based upon the annual percentage change in the PPI. The escalation will be
determined annually at the renewal date. Should the PPI change exceed a minimum threshold
value of +/-1%, then the stated eligible prices shall be adjusted in accordance with the PPI
change. The supplier should provide documentation as percentage of each cost associated with
the unit prices quoted for consideration.
RFP 5065
Request must be submitted in writing with supporting evidence for need of such increase to the
Purchasing Manager at least 60 days prior to contract expiration of each year. Respondent must
also provide supporting documentation as justification for the request.
Upon receipt of such request, the City of Denton reserves the right to either: accept the escalation
as competitive with the general market price at the time, and become effective upon the renewal
date of the contract award or reject the increases within 30 calendar davs after receipt of a
properly submitted request. If a properly submitted increase is rejected, the Contractor may
request cancellation of such items from the Contract by giving the City of Denton written notice.
Cancellation will not go into effect for 15 calendar davs after a determination has been issued.
Pre-price increase prices must be honored on orders dated up to the official date of the City of
Denton approval and/or cancellation.
The request can be sent by e-mail to: purchasin cityofdenton.com
Or mail to:
City of Denton
Attn: Purchasing Manager
RFP # 5065
901B Texas Street
Denton, Texas 76209
Total Contract Amount
Or call:
City of Denton Purchasing
(940) 349-7100
The contact total shall not exceed $470,000. Pricing shall be per E�ibit C attached.
RFP 5065
Irby Revisions 02-06-13/Reviewed and approved as to legal form-MSC 030113
EXHIBIT B
REVISED RFP DOCUMENT
Irby Revisions 02-06-13/Reviewed and approved as to legal form-MSC 030113
The City of Denton
Purchasing Department
901-B Texas Street
Denton, Texas 76209
REQUEST FOR PROPOSALS
RFP 5065
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE
MOUNTED GANG OPERATED AIR BREAK (GOAB) SWITCHES FOR THE
CITY OF DENTON
NIGP CLASS and ITEM
285 67
Issue Date: September 26, 2012
Response due Date and Time (Central Time):
Tuesday, October 16 2012, 2:00 p.m.
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
SOLICITATION CHECKLIST
Checklist for RFP #5065
Title: SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOITNTED GOAB
SWITCHES FOR THE CITY OF DENTON
Opening Date: 10/16/2012 at 2:00 PM '
Supplier Name and Address: Stuart C. Irby Company, 7125 Belton, Street. Ft Worth, Texas 76118
Contact: Russell James — Inside Sales Associate
TX Taxpayer VIN#: EIN# 64-0179020
Phone: (817) 321-4011
Fax: (817) 284-7743
Email: james@irby.com
1. Submit one (1) original and two (2) WRITTEN copies of submittal (REQUIRED) _X
a. Submit Written Proposal by courier, hand delivery, or mail X_
b. Exhibit 1-Excel Pricing Sheet, Review, complete, and return X
2. Email Exhibit 1 in Excel format to ebidsCc�citvofdenton.com X
3. Submittal Content (Meet Section IV)
• Review all requirements _ X
• Ensure your firm meets all stated minimum requirements _ X
• Documentation included supporting the evaluation criteria._ X_
• Addendum(s) Reviewed and return _N/A
• Attachment C, Review, complete and return LCOMPLETED WITHIN THIS DOCUMENT AND OUR
PROPOSALDOCUMENTI
• Attachment F, Review, complete, and return (COMPLETED WITHIN THIS DOCUMENT AND OUR
PROPOSAL DOCUMENT)
• Attachment G, Review, complete, and return (NOT APPLICABLE — NOT EXECUTEDI
• Attachment H, Review, complete, and return {NOT APPLICABLE — NOT EXECUTED)
• Attachment I, Review X
• Attachment J, Review, complete, and return (EXECUTED)
PAGE 3 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DEW�ON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
Section I
Section II
Section III
Section N
Section V
Section VI
Section VII
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Attachment F
Attachment G
Attachment H
Attachment I
Attachment J
E�ibit 1
TASLE OF CONTENTS
General
Procurement Process and Procedures
Scope of Work and Services
Submittal Requirements
Evaluation and Award
Payment and Performance Requirements
Standard Terms and Conditions
Not Applicable
Not Applicable
Business Overview Questionnaire Forms
Not Applicable
Not Applicable
References
Conflict of Interest Form
Disadvantaged Business Utilization
Sample Contract Documents
Acknowledgment
Pricing Sheet
PAGE 4 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
Section I
General
1. INTRODUCTION
In accordance with the provisions of Texas Local Government Code, Chapter 252, The City of
Denton (the City) is requesting proposals to contract with an individual or business with
considerable experience in providing goods or services of this RFP. The proposals and the cost
solutions shall be submitted to the City of Denton in a sealed submission, in accordance with
Texas Local Government Code 252.0415 and 252.042.
The awarded individual or business shall possess a proven track record of using innovative
approaches to providing goods and services that represent the best value to their clients. The
awarded individual or business shall have the ability to accomplish all aspects of the requested
services. The selected individual or firm should be able to provide innovative methods to deal
with municipal challenges, and cost effective solutions.
The City is seeking a long term supply contract for the SUPPLY OF ELECTRIC UTILITY
PHASE OVER PHASE, 138kV, POLE MOUNTED, GANG OPER.ATED AIR BREAK
(GOAB) SWITCHES WITH INTERRUPTERS, MOTOR OPERATORS, CERTAIN
FIELD SERVICES, AND FIVE YEAR WAI2I2ANTY. Significant infrastructure
improvements are planned over the next five years including the upgrade and installation of 14
substations projects that may require additional switches. This contract will be utilized to
supply products specified as needed as each substation is planned.
The City of Denton is exe�rcpt fro�rt Federal Excise and State Sales Ta�
A. COMMUlvITY PROFILE
Denton, Texas is a Main Street City in the North Texas region at the apex of Interstate 35 East and
Interstate 35 West. Established in 1857, Denton is the county seat of Denton County and was
named for John B. Denton. Denton is unique in composition; the city is comprised of over 92
square miles which radiate out in all directions from the downtown core, with a population of
113,000. In addition to the unique physical composition of the city, there is a unique character
to the City. It is comprised of a diversity of neighborhoods and land uses that range from
historical residential and commercial districts to new residential subdivisions and industrial
complexes to greenbelt areas and newly annexed rural areas. Denton is home to two state
universities, the University of North Texas, and Texas Woman's University, and two regional
hospitals. The City is traversed by state highways, rail lines, and Interstate 35 E& W. This
summer Denton County Transportation Authority (DCTA) began operation of a passenger rail
service that runs from downtown Denton to the City of Carrollton, where passengers may
transfer to the Dallas Area Rapid Transit (DART) system and continue travelling by rail
within the Metroplex region. The rail service is accompanied by the opening of two rail
stations in Denton. The City of Denton has also taken a proactive approach in its pursuit of
environmental and sustainable initiatives. The City has, through DME, become a national
leader in renewable energy with more wind power per capita than any other city in the United
PAGE 5 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
States and through Denton Solid Waste, become a national leader in sustainability and
environmental stewardship through various award winning programs.
B. BACKGROUND
The City of Denton has experienced signiiicant growth over the past few years and significant
utilization of goods and services to meet the ever growing needs of a vibrant community has
driven the need to obtain long term commitments to supply materials and services. The City
desires an innovative solution that ensures a successful approach to provide goods and
services; and allows for fluid responsiveness to upcoming changes — both anticipated and
unforeseen. The use of technological opportunities throughout the service delivery is
encouraged.
2. MINIMUM SUBMISSION REQUIl2EMENTS
The following minimum requirements must be demonstrated in order for the submission to be
considered responsive to the City of Denton. Any proposal received, which is determined to
not meet these mandatory requirements shall be irnmediately disqualified and rejected as non-
responsive.
� Five (5) years experience providing similar products or services in the North Texas area.
• Three (3) references from governmental entities for the products or services requested. The
City prefers references from municipalities of similar size.
• A defined level of industry knowledge and understanding.
• Authorized SEECO or TURNER manufacturer or distributor authorized by the manufacturer
to sell to the City of Denton, TX
• Ability to supply products as specif'ied
3. CONTRACT TERM
It is the intention of the City of Denton to award a contract for a one (1) year period. The City and
the Awarded Supplier shall have the option to renew this contract for an additional four (4) one-
y.ear periods. Materials and services undertaken pursuant to this RFP will be required to
commence within fourteen (14) days of delivery of a Notice to Proceed. The services shall be
accomplished per the Scope of Work and Services as identified in Section III and the Procurement
Process and Procedures as outlined in Section II.
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 in accordance with the provision of
the section titled "price adjustments", or the section(s) titled "termination". Extension of
contract terms will require mutual agreement of the parties.
PAGE 6 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
4. PRICING
Firm Price
Pricing and discounts proposed is firm for the initial one-year period specified in the
solicitation. Price decreases are allowed at any time. Price increases shall only be considered as
stipulated below in paragraph #5, "PRICE ADJLTSTMENTS".
Price Decreases/Discount Increases
Supplier is required to immediately implement any price decrease or discount increase that may
become available. The City of Denton must be notified in writing for updating the contract.
5. PRICE ADJUSTMENTS
[N/A — no labor in Irby contracts.]
6. SUSSTITUTIONS
Substitutions are not permitted without the written approval of The City of Denton Purchasing
Department.
7. DISQUALIFICATIONS
Any terms and conditions attached to a solicitation will not be considered unless specifically
referred to on a solicitation and may result in disqualification. Any proposals that do not clearly
outline all qualifications may be disqualiiied.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
[N/A to this contract.]
9. RIGHTS TO DATA, DOCUMENTS, AND COMPUTER SOFTWARE
(GOVERNMENTAL ENTITY OWNERSHIP)
Any software, research, reports studies, data, photographs, negatives or other documents,
drawings or materials prepared by Supplier in the perfortnance of its obligations under this
contract shall be the exclusive property of the City of Denton and all such materials shall be
delivered to the City by the Supplier upon completion, termination, or cancellation of this
contract. Supplier inay, at its own expense, keep copies of all its writings for its personal iiles.
Supplier shall not use, willingly allow, or cause to have such materials used for any purpose
other than the performance of Supplier's obligations under this contract without the prior
written consent of the City; provided, however, that Supplier shall be allowed to use non-
confidential materials for writing samples in pursuit of the work.
The ownership rights described herein shall include, but not be limited to, the right to copy,
publish, display, transfer, prepare derivative works, or otherwise use the works.
PAGE 7 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
Any item deemed "confidential and proprietary" by Supplier and/or its represented
manufacturer(s) will be designated and noted as such prior to and at the time of submission to
City of Denton.
10. ADDING NEW PRODUCTS OR SERVICES TO THE CONTRACT AFTER AWARD
Following the Contract award, ADDITIONAL services or products of the same general
category that could have been encompassed in the award of this contract, and that are not
already on the contract, may be added. A formal written request may be sent to successful
Contractor (s) to provide a proposal on the additional services and shall submit proposals to the
City of Denton as instructed. All prices are subject to negotiation with a Best and Final Offer
(`BAFO"). The City of Denton may accept or reject any or all pricing proposals, and may issue
a separate RFP or IFB for the products after rejecting some or all of the proposals. The
commodities and services covered under this provision shall conform to the statement of work,
specifcations, and requirements as outlined in the request. Contract changes shall be made in
accordance with Local Government Code 252.048
11. COOPERATIVE PURCHASING / PIGGYBACK OPTION
[N/A to this contract.]
12. QUANTITIES
The quantities indicated on the Pricing Sheet (E�ibit 1) 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 prices. Individual purchase orders will be
issued on an as needed basis.
13. 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
purchasi�(cr�,citvofdenton:com, with the RFP 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.
14. AUTHORIZED DISTRIBUTOR
The Supplier shall be the manufacturer or authorized distributor of the proposed products. The
distributor shall be authorized to sell to the City of Denton, and make available the
manufacturer's representative as needed by the City.
15. SAMPLES
PAGE 8 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
Supplier will make samples available as approved by its represented and approved
manufacturers in style and quantities that are "reasonable and appropriate" for the situation.
Any such requirement for charges for samples or demonstration material(s) will be presented in
writing for approval prior to any action taking place.
PAGE 9 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
1.
2.
3.
4.
5.
Section II
Procurement Process and Procedures
SCHEDULE OF EVENTS
The City of Denton reserves the right to change the dates indicated below:
Solicitation Schedule:
Issue RFP: 9/26/2012
Deadline for Submission of Questions: 10/9/2012 at 2:00 PM Central Time
Deadline for Submission of Proposal: 10/16/2012 at 2:00 PM Central Time
Evaluate and rank initial results: 10/24/2012
Completion of Negotiations: 11 /2/2012
Official Award: 12/4/2012
The City of Denton is using the RFP `Issue Date' as noted in the Schedule of Events
above as the officia130 day notification requirement for an interview with a iirm.
PROPOSERS COST TO DEVELOP SUBNIITTAL
Respondents to this RFP are responsible for all costs of submittal preparation, delivery
and any oral presentations required as part of the selection process. All materials
submitted in response to the RFP become property of the City of Denton and will be
returned only at the option of the City.
NIINIlVIUlVI RESPONSE
Submittals that do not, at a minimum, contain the information as specified under Section N
and E�iibit 1 Pricing Sheet will be subject to disquali�cation at the sole discretion of the
City of Denton. If any Firm submitting a Proposal is a corporation, it must be registered to
conduct business in the State of Texas. Proof of this registration must be included as part
of the submittal.
VALIDTTY PERIOD
The information included in the solicitation response(s), and any cost information obtained
from a negotiation process, remain valid for 120 days frorn the response due date or until the
contract is approved by the governing body.
REJECTION OF SUBMITTAL
ANY PROPOSAL SUBNIITTED AFTER THE DUE DATE AND TIlVIE SPECIFIED
WITHIN SECTION IV, SHALL BE REJECTED. THE CITY SHALL REJECT
PROPOSALS SUBNIITTED BY FIRMS THAT DO NOT MEET 1VIIl�TIMUM
QUALIFICATIONS.
PAGE 10 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 13SkV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
The City of Denton reserves the right to reject any and all submittals received in response to
the RFP and to waive any minor technicalities or irregularities as determined to be in the
best interest of the City.
6. PROPRIETARY INFORMATION
If a Proposer does not desire proprietary information in the Proposal to be disclosed, the
Proposer shall identify all proprietary information in the Propasal. This identification will
be accomplished by individually marking each page or line item detail with the words
"Proprietary Information". If the Proposer fails to identify proprietary information, the
Proposer agrees that by submission of its Proposal, that those sections shall be deemed
non-proprietary and made available upon public request. Proposers are advised that the
City, to the extent permitted by law, will protect the confidentiality of all Proposals.
Proposer shall consider the implications of the Texas Public Information Act, particularly
after the RFP process has ceased and the Contract has been awarded. While there are
provisions in the Texas Public Information Act to protect proprietary information, where
the Proposer can meet certain evidentiary standards, please be advised that a
determination on whether those standards have been met will not be decided by the City
of Denton, but by the Office of the Attorney General of the State of Texas. In the event a
request for public information is made, the City will notify the Proposer, who may then
request an opinion from the Attorney General pursuant to 552.305, Texas Government
Code. The City will not make a request of the Attorney General.
7. NON-ENDORSEMENT
If a Proposal is accepted, the successful Proposer shall not issue any news releases or
other statements pertaining to the award or servicing of the agreement that state or imply
the City of Denton's endorsement of the successful Proposer's services.
8. UNAUTHORIZED COMM UNICATIONS
After release of this solicitation, Proposer contact regarding this RFP with members of
the RFP evaluation, interview or selection panels, employees of the City or officials of
the City other than the Purchasing Manager, or authorized City of Denton purchasing
staff, or as otherwise indicated is prohibited and may result in disqualification from this
procurement process. No officer, employee, agent or representative of the Proposer shall
have any contact or discussion, verbal or written, with any members of the City Council,
members of the RFP evaluation, interview, or selection panels, City staff or City's
consultants, or directly or indirectly through others, seeking to influence any City Council
member, City staff, or City's consultants regarding any matters pertaining to this
solicitation, except as herein provided. If a representative of any Proposer violates the
foregoing prohibition by contacting any of the above listed parties with who contact is
not authorized, such contact may result in the Proposer being disqualified from the
procurement process. Any oral communications are considered unofficial and non-
binding with regard to this RFP.
PAGE 11 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
9. ADDENDUMS
Proposers are required to submit signed addendum acknowledgement(s) with their
proposal. Proposers will be responsible for monitoring the City of Denton Purchasing
Website at: http://www.citvofdenton.com/index.as�x?pa� to ensure they have
downloaded and signed all addendum(s) required for submission with their proposal.
10. CONTACT BETWEEN PROPOSER AND THE CITY OF DENTON
Respondents shall direct all inquiries and communications concerning this RFP to the
Point of Contact(s) listed below:
Citv of Denton Procurement Point of Contact:
Karen E. Smith
Senior Buyer
901-B Texas Street
Denton, TX 76209
(940) 349-7100
Fax: (940) 349-7302
karen.smith a�cityofdenton.com
PAGE 12 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
Section III
Scope of Work and Services
1. SCOPE OF WORK AND SERVICES
The scope of work shall be fmalized upon the selection of the Firm. The proposal submission
shall have accurately described your understanding of the objectives and scope of the requested
products and services and provided an outline of your process to implement the requirements of
the Scope of Work and Services. It is anticipated that the scope proposal submission will
include, at a minimum, the following:
A. TECHNICAL RESPONSIBILITIES AND REQUIREMENTS
PER ATTACHMENT K OF ORIGINAL RFP
The City has implemented a pre-approval process for substitution commodities and
services. The commodity approval form can be obtained via email
(karen.smith(a�citvofdenton.com). Supporting documentation or samples must be
subrnitted for review by Purchasing, Engineering, field crews, QAG (Quality Assurance
Group), and the manager of DME. Testing may be required and may take substantial
time to review. Vendors are encouraged to submit forms and samples for consideration
on the next solicitation for similar iterns.
B. GENERAL RESPONSIBILITIES AND REQUIREMENTS
1. Safety and Environmental Hazards
[N/A — Materials only contract; Supplier will not be supplying services on City
property.]
2. Contractor Standards of Performance
[N/A to this contract.]
3. Performance Liquidated Damages
[N/A to this contract.]
4. Insurance
[N/A — Materials only contract; Supplier will not be supplying services on City
property.]
PAGE 13 OF RFP #5065
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6. Contracts
The successful awarded vendor will be required to sign an original contract. A
sample contract is provided in Attachment I— Sample Contract. Respondents shall
review the document and note exceptions in the proposal.
C. Anticipated Problems and Proposed Solution
Respondent shall offer written observations, based upon previous experiences in
public projects of this magnitude, addressing any anticipated problems and offer
proposed solutions to those problems.
PAGE 14 OF RFP #5065
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Section IV
Submittal Requirements
Proposals shall address the following criteria. For consideration, the proposal mtust submit the
minimum criteria noted below. Other information, if provided, shall be included as appendices
at the back of the proposal.
A firm may submit a solicitation response for one or more of the categories of services
requested in this RFP. The City of Denton shall accept written submissions only, until
(October 16, 2012 at 2:00 PM). Firms sha11 submit one original copy signed by an off'icer
authorized to bind the cornpany, and 3 copies of the completed response to this solicitation in a
sealed envelope. Additionally, the respondent shall provide a formatted CD(s) or memory
drive, containing a co�rcplete copy of the Supplier's response to this solicitatzon, or submit
electronically to ebids@cityofdenton.com. The format shall be in Micr.osoft Office format.
Submit rip crn� for requested services as provided in Exhibit 1. Pricing shall be provided in
hard copy with the written submission, and also e-mailed in Excel to ebids(a�,cztvafdenton.com
before the proposal due date. The format shall be in Microsoft Word and Excel format only.
Submittals shall include on the envelope and the cover sheet the following information: Request
for Proposals (RFP) # 5065 SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE
138kV POLE MOUNTED GOAB SWITCHES FOR THE CITY OF DENTON.
Proposals may be hand delivered (by iu•m or express courier) to the address listed below; however,
e-mailed only submittals will not be accepted. Additionally, no oral, telephone, telegraphic, or
facsimile proposals will be accepted. Where solicitation responses are sent by mail or courier, the
responsibility of timely delivery is the respondent's. Pages should be numbered and contain an
organized, paginated table of contents corresponding to the section and page of the submittal.
Appendices may be used for general firm information. The solicitation response shall be no more
than 200 pages in length (excluding sample contracts, directories, and lists, etc.). All submittals,
whether mailed or delivered by courier shall be sent to and received no later than (October 16,
2012) at 2:00 p.m., Central Time at the following address:
Ciiy of Denton
Attention: Elton D. Brock, MBA, CTPM, CTCM, C.P.M.
Purchasing and Materials Manager
901B Texas Street, Denton, TX 76209
940-349-7100
Written proposals must be submitted by 2:00 p.m. on the response due date._�
proposal "received after the date and/or hour set for proposal opening will be returned
unouened. The City of Denton reserves the right to accept or reject in part or in whole any
proposals submitted, and to waive technicalities of the submission, in the best interest of obtaining
best value for the City.
PAGE 15 OF RFP #5065
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SWITCHES FOR THE CITY OF DENTON
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 e�ernal, 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.
1. COVER SHEET
Include Respondent Company name, contact information, RFP number and name.
2. BUSINESS OVERVIEW QUESTIONAIRE — ATTACHMENT C
3. 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 cornmunities
of cornparable size, and credentials; greater weight will be given to project
experience within the past five (5) years containing the team members proposed:
a. Five (5) years experience with similar products or services, provide a description.
b. A standard license or certification, if applicable.
c. A deiined level of industry knowledge and understanding
d. The individual or business must be registered by the State of Texas or the County of
Denton as a business and the must have all licensure required by the State to
provide any services.
e. 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).
£ Must be an authorized SEECO or TURNER distributor authorized by the
manufacturer to provide switches to utilities in Denton, Texas.
4. DISCLOSURES
a. Respondent shall detail any and all relevant history of litigation involving public
projects.
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b. Respondent shall detail any and all exceptions within the proposal response.
5. REFERENCES
Respondent shall provide references including contact names, e-mail addresses and current,
correct phone numbers of Firms or public entities for which you have performed similar
professional services. Respondent shall complete Attachment F— References.
6. FEE STRUCURE PRICING
Submit pricing for requested products or services as provided in Exhibit 1. Pricing shall be
provided in hard copy and emailed in Excel to ebids c?cityofdenton.com before the
proposal due date.
7. EQUIPMENT SCHEDULE — NOT APPLICABLE
S. SAFETY RECORD — NOT APPLICABLE
9. MANUFACTURER STANDARD WARR.ANTY- Include a copy of the standard
warranty for the products proposed.
10. ADDITIONAL GENERAL REQUIREMENTS
Prior to commencement of the services, the City and selected individual or business will conduct
an initial meeting to review the overall scope, schedule, deliverables and planning process to
implement a successful program.
a. The awarded Supplier shall provide to the City of Denton, detailed reports of time
and services provided to the City on a monthly basis.
b. Staff available to assist the selected provider is limited; the proposals submitted
should not anticipate extensive staff assistance during equipment repairs or
maintenance.
PAGE 17 OF RFP #5065
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Section V
Evaluation and Award
1. EVALUATION PROCEDURES
Selection of a Firm(s) to provide the aforementioned services will be in accordance with
the City of Denton Purchasing Policies and procedures and the State of Texas Loca1
Government Code 252.043. The City of Denton shall open all proposals and evaluate each
respondent in accordance to the below criteria:
Step 1: The City of Denton will evaluate the Proposal submission in accordance
with the selection criteria and will rank the Furns on the basis of the
submittals. The City of Denton, reserves the right to consider information
obtained in addition to the data submitted in the Proposal. The selection
criterion is listed below:
a) Indicators of Probable Performance under contract (FACTOR:
10%).
Indicators of probable performance under the contract to include: past
vendor performance, imancial resources and ability to perform, experience
or demonstrated capability and responsibility, references, and the vendor's
ability to provide reliable maintenance agreernents and support.
b) Delivery Timeframe (FACTOR: 10%).
The delivery time frame for goods after receipt of order (A.R.0)
c) Price, Total Cost of Ownership (FACTOR: 80%).
The price of the items, to include total cost of ownership, such as
installation costs, life cycle costs, and warranty provisions.
In addition to the above factors, others that can be utilized as stated
within Local Government Code 252.043 are: (1) the extent to which the
goods or services meet the City's needs, (2)the impact on the ability of
the City to comply with the laws and rules related to contracting with
historically underutilized businesses and non-profit organizations
employing persons with disabilities, (3) the long term cost to the City to
acquire the respondents' goods and services, and (4) any relevant
criteria specifically listed in the solicitation by the City.
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The total possible score of the proposals shall be scored and weighted as
indicated in Section V, Step 1 items a-c. Based on the outcome of the
computations performed, each proposal will be assigned a raw score. The
assigned weight will then be applied to these scores to calculate an overall
score for each proposal for completion of the final scoring process.
The proposals shall be evaluated utilizing standard tools, based upon the
weighted factors above, and will be assigned a final score. The City of
Denton will proceed to Step 2, with the Firtn(s) that are considered within
the competitive range and present an overall best value to the City of
Denton.
Step 2: After the fmal ranking of the proposals and determination of Firm(s) that
provide a best value to the City and are within the competitive range,
provided the City of Denton elects to proceed without oral discussions, the
City will immediately proceed to negotiate fmal pricing, tertns and
conditions with the highest ranked Firm or Firms. The City of Denton
mav elect to conduct oral discussions, request clarifications, and
presentations concerning the project approach and ability to furnish the
requirements, as part of the negotiation process. The City may elect to utilize
a Best and Final negotiation phase to determine the Furn that provides the
overall best value to the Ciry.
Step 3: The City of Denton Procurement Department shall provide a written
recommendation to the City of Denton City Council, which represents "best
value" and request authorization to proceed with contract execution for the
proposed services.
In accordance with Local Governrnent Code 252.049, trade secrets and confidential
information in competitive sealed bids are not open for public inspection. All proposals
shall be opened in a manner that avoids disclosure of the contents to competing offerors
and keeps the proposals secret during negotiations. A public opening will not be
conducted with this process. THE AWARD PROCESS IS CONSIDERED OPEN AND
ON-GOING UNTIL ALL FINAL NEGOTIATIONS HAVE CONCLUDED.
After the contract has been awarded all proposals are open for public inspection and the
unsuccessful respondent(s) may request a debriefing regarding their submittal. Please
contact the City of Denton Materials Management staff to document the request for a
debrieiing. A meeting with the City of Denton Materials Management Staff and the using
Department shall be provided in a timely manner
f►�\L�/�.� 1�
The City reserves the right to award by line item, section, or by entire proposal;
whichever is most advantageous, or provides the "best value" to the City, unless denied
by the offeror.
PAGE 19 OF RFP #5065
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3. PREFERENCES
Environmentally Preferable Purchasing Policy
Texas Local Government Code, Sea 271.907. VENDORS THAT MEET OR EXCEED
AIR QUALITY STANDARDS.
(a) In this section, "governmental agency" has the meaning assigned by Section
271.003.
(b) This section applies only to a contract to be performed, wholly or partly, in a
nonattainment area or in an affected county, as those terms are defined by Section
386.001, Health and Safety Code.
(c) A governrnental agency procuring goods or services may:
(1) give preference to goods or services of a vendor that demonstrates that the vendor
meets or exceeds any state or federal environmental standards, including
voluntary standards, relating to air quality; or
(1) require that a vendor demonstrate that the vendor meets or exceeds any state or
federal environmental standards, including voluntary standards, relating to air
quality.
(d) The preference may be given only if the cost to the governmental agency for the
goods or services would not exceed 105 percent of the cost of the goods or services
provided by a vendor who does not meet the standards. The cost may not exceed
$100,000.
This provision shall comply with City of Denton Resolution R2007-032.
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Section VI
Payment and Performance Requirements
1. PAYMENT AND INVOICES:
All proposals shall specify terms and conditions of payment, which will be considered as
part of, but not control, the award of proposals. City review, inspection, and processing
procedures ordinarily require thirty (30) days after receipt of invoice, material�, or
services. Proposals which call for payment before thirty (30) days from receipt of
invoice, or cash discounts given on such payment, will be considered only if, in the
opinion of the Purchasing Manager, the review, inspection, and processing procedures
can be completed as specified.
Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215
E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the
contract administrator. It is the intention of the City of Denton to make payment on
completed orders within thirty days after receipt of invoice or iterns; whichever is later,
unless unusual circumstances arise. Invoices must be fully documented as to labor,
materials, and equipment provided, if applicable, and must reference the City of
Denton Purchase Order Number in order to be processed. No payments shall be
made on invoices not listing a Purchase Order Number.
Upon contract award, suppliers are encouraged to receive payments through direct
deposit. Additional information regarding direct deposit payments is available at
www.dentonpurchasin .c�om
2. TAX EXEMPTION:
The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article
20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor
performing work under this contract for the City of Denton may purchase materials and
supplies and rent or lease equipment sales tax free. This is accomplished by issuing
exemption certificates to suppliers. Certificates must cornply with State Comptroller's
ruling #95-0.07 and #95-0.09.
PAGE 21 OF RFP #5065
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Section VII
Standard Purchase Terms and Conditions
l. 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 DELIVER.4BLES: 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, except where deliverables are
shipped directly from a manufacturer to the City, when F.O.B. Shipping Point will apply.
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 except where deliverables are shipped directly from a manufacturer to the City, when
F.O.B. Shipping Point will apply. 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 in instances where
the City is paying freight. 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 manufacturer's facilities, the
Supplier shall furnish, or cause to be furnished, all reasonable facilities and assistance to the City
to facilitate such inspection.
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; however, Supplier shall be
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afforded an opportunity to prornptly cure any such breach following notice of same from the
City.
9. PLACE AND CONDITION OF WORK: [Intentionally omitted — materials only contract.]
10. WORKFORCE: [Intentionally ornitted — materials only contract.]
11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL
REGULATIONS: [Intentionally omitted — materials only contract.]
12. INVOICES:
A. The Supplier shall subrnit 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 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. 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 speci�ed in Texas Government Code Section 2251.025 or
the maximum lawful rate; egcept, 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. Upon prior notice to Supplier specifying the amount to be withheld and a specific and detailed
description of the basis for taking such action, the City may withhold or set off the entire
payment or part of any payment otherwise due the Supplier to such extent as rnay 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
clairns;
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iii. failure of the Supplier to pay Subcontractors, or for labor, materials or equiprnent;
iv. damage to the property of the City or the City's agents, employees or contractors,
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 no additional charges, surcharges, or
penalties to the City for payments made by credit card or electronic funds transfer will be
executed without prior agreement with the Ciry; however, Supplier cannot be directed to accept
payment by credit card.
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 diern 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: [Intentionally omitted — materials only contract.]
16. SPECIAL TOOLS & TEST EQiTIPMENT: [Intentionally omitted — materials only
contract.]
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, recards, 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
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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: [Intentionally omitted — materials only contract.]
19. WA.RI2.ANTY-PRICE: [Intentionally omitted.]
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: Supplier is not the manufacturer of the deliverables
and the deliverables are covered by separate manufacturer's warranties. 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.
SUPPLIER HEREBY DISCLAIMS AND EXCLUDES ANY AND ALL OTHER
WARRANTIES REGARDING GOODS AND SERVICES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
22. WARR.ANTY — SERVICES: [Intentionally omitted — materials only contract.]
23. ACCEPTANCE OF INCOMPLETE OR NON-CONFORIVIING 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 reasonable 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 party'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: [Intentionally omitted — materials only contract.]
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
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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 a party, the other party 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 defaulting party, within
such ten (10) day period, cures such default, or provides evidence sufficient to prove to the other
party's reasonable satisfaction that such default does not, in fact, exist. In addition to any other
remedy available under law or in equity, the non-defaulting party shall be entitled to recover all
actual damages, costs, losses and expenses, incurred by the non-defaulting party as a result of the
defaulting party'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 material 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. TERNIINATION 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 far
such purposes, for all goods delivered and services performed and obligations incurred prior to
the date of termination in accordance with the terms hereof, as well as any applicable order
cancellation, restocking or return fees assessed by Supplier's suppliers/manufacturers, including,
if applicable, payment of full invoice price if the deliverables are considered in production and
non-returnable by the manufacturer thereof.
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 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 thiriy (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.
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 tirne for completion will be extended; provided,
however, in such an event, a conference will be held within three (3) business days to establish a
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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. TO THE EXTENT PROVIDED BY APPLICABLE LAW, EACH PARTY SHALL
DEFEND (AT THE OPTION OF TFIE OTHER PARTY), INDEMNIFY, AND HOLD
THE OTHER PARTY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND
ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDENINIFIED
CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR
RESULTING FROM THE FAULT OF SUCH PARTY, OR SUCH PARTY'S AGENTS,
EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF SUCH
PARTY'S OBLIGATIONS UNDER THE CONTRACT; PROVIDED, HOWEVER, THAT
THE FOREGOING INDEMNIFICATION OBLIGATIONS SHALL NOT APPLY TO
ANY LIABILITIES TO THE EXTENT PROVEN TO BE CAUSED BY THE
NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY SEEHING
INDEMNIFICATION. NOTHING HEREIN SHALL BE DEEMED TO LIMIT TI3E
RIGHTS OF THE CITY OR THE SUPPLIER (INCLUDING, BUT NOT LIMITED TO,
THE RIGHT TO SEEK CONTRIBUTIOl� AGAINST ANY THIRD PARTY WHO MAY
BE LIABLE FOR AN INDENINIFIED CLAIM.
32. INSUItANCE: The following insurance requirements are applicable, in addition to the
speciiic insurance requirements detailed in Attachment A. 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.
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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 Certiiicate of Insurance
to the City whenever a previously identiiied 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 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 Deparhnent
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
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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 requirernents 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 rnade 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.
35. RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material
submitted by the Supplier to the City shall becorne property of the City upon receipt. Any
portions of such material claimed by the Supplier to be proprietary must be clearly marked as
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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 WA.RRANTY BY CITY AGAINST INFRINGEMENTS: The Supplier represents and
warrants to the City that Supplier shall provide the City good and indefeasible title to the
deliverables. Supplier shall transfer or pass through to the City the benefit of all manufacturers'
warranties and indemnities against infringement of patents, trademarks, copyrights, trade secrets,
or any other intellectual property rights of any kind of any third party.
37. CONFIDENTIALITY: In order to perform this Contract each party may require access to
certain of the other party's and/or its licensors' confidential information (including inventions,
employee information, trade secrets, confidential know-how, confidential business information,
and other information which such other party or its licensors consider confidential) (collectively,
"Confidential Information"). Each party acknowledges and agrees that the Confidential
Information is the valuable property of the owner of such and/or its licensors and any
unauthorized use, disclosure, dissemination, or other release of the Confidential Information will
substantially injure the other party and/or its licensors. Each party (including its employees,
subcontractors, agents, or representatives) agrees that it will maintain the Confidential
Information of the other party in strict conf'idence and shall not disclose, disseminate, copy,
divulge, recreate, or otherwise use the Conf'idential Information without the prior written consent
of the other party or in a manner not expressly permitted under this Agreement, unless the
Confidential Information is required to be disclosed by law or an arder of any court or other
governmental authority with proper jurisdiction, provided the party subject to such legal process
promptly notifies the other party before disclosing such information so as to permit the other
party reasonable time to seek an appropriate protective order. Each party agrees to use protective
measures no less stringent than it uses within its own business to protect its own most valuable
information, which protective measures shall under all circurnstances be at least reasonable
measures to ensure the continued conf'identiality of the Confidential Information.
38. OWNERSHIP AND USE OF DELIVERABLES: [N/A — Intentionally deleted.]
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 ar 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 availa6le, 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
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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 CONTRACTOR: 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 a material supplier. The Supplier agrees and understands that the Contract does not
grant any rights or privileges established for employees of the Ciry of Denton, Texas for the
purposes of income tax, withholding, social security taYes, vacation ar 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 aitached 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 beneiits on any person, firm or entity
not a party hereto; it being the intention of the parties that there are no third party beneiiciaries 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.
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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 tertn
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
iiling 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 rninimum, 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 VENiTE: The Contract is made under and shall be governed by the
laws of the State of Texas, including, when applicable, the Uniform Cornmercial 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
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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 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 Day (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. SURVIVA.BILITY OF OBLIGATIONS: All provisions of the Contract that irnpose
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 OPPORTUIVITY
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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 beneiits 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 AM��RICAN ACT-SUPPLIES (Applicable to certain federally funded
requirements)
To the extent that materials meeting the City's specifications can be sourced as a"Domestic end
product," the following federally funded requirements are applicable, in addition to the specific
federally funded requirements detailed in Attachment C.
A. Definitions. As used in this paragraph —
i. "Component" rneans 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
(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. l0a - l Od) 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
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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 INFORM.ATION: 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 contractor 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: [N/A — Intentionally omitted.]
60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The 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 cornpliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530
of the Revenue Act 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 Workers' 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, governrnent-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 darnages to government-owned, leased, or occupied property and
equipment caused by the Supplier and its employees, agents, subcontractors, and suppliers,
including any delivery ar 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 darnage within one (1) calendar day.
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64. FORCE MAJEURE: The City of Denton and the Supplier shall not be responsible for
performance under the Contract should it be prevented from performance by a Force Majeure.
"Force Majeure" means any event or circumstance, or combination of events or circumstances,
that arises after the date hereof, that is beyond the reasonable control of a party or its suppliers, is
unavoidable or could not be prevented or overcome by the reasonable efforts and due diligence
of such party or its suppliers and has an impact which will actually, demonstrably, adversely and
materially affect such party's ability to perform its obligations (other than payment obligations)
in accordance with the terms of the Agreement. In the event of an occurrence under this Section;
the party will be excused from any further performance or observance of the requirements so
affected for as long as such circumstances prevail and th� party continues to use commercially
reasonable efforts to recommence performance or observance whenever and to whatever extent
possible without delay. The party so affected shall immediately notify the other party 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 Party'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 IMMiTNITY: 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 far a period of two (2) 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.
PAGE 36 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON �
ATTACHMENT C
BUSINESS OVERVIEW QUESTIONNAIRE AND FORMS
1. Supplier Name: Stuart C. Irby Company
2. Address (Principal Place of Business): 7125 Belton Street, Ft, Worth, Texas, 76118
3. Does your company have an established physical presence in the State of Texas, or the City of
Denton? Irby Response: YES
4. Tax Payer ID#: 64-0179020
5. Email Address of Primary contact: Russell James, Inside Sales Associate: james@irby.com
6. Website Address: www.irby.com
7. Telephone: Russell James (Direct Office Line): (817) 321-4011
8. Fax: Ft Worth Office: (817) 284-7743
9. Other Locations: Irby Response:
10. Organization Class: Irby Response: Privately Aeld Corporation
Partnership
Individual
Corporation
Association
ll. Date Established: (Irby Response: 1926)
12. Former Business Name: Not Applicable
13. Date of Dissolution: Not Applicable
14. Subsidiary o£ Irby Response: Irby is a operating business for Sonepar, US, corporately
headquartered in Philadelphia, PA
15. Historically Underutilized Business: Yes or No Irby Response: No
16. Principals and Officers: (Irby Response: Primary Officers that associate to company
utility operations are as follow:
. • - �.
Mike Wigton President
PAGE 37 OF RFP #5065
Irby Revisions 02-06-73 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
Andy Waring
John Honigfort
Joe LeNoir
Eddie Moak
Chad Cravens
Brad Slocum
17. Key Personnel and Responsibilities:
Chief Operating Officer
Vice President - Finance
Vice President of Sales
Vice President of Sales
Vice President of Sales
Vice President of Operations
18. Number of Personnel by Discipline:
Discipline Number of Staff # Registered
Irby Response: Irby employs as a company 890 associates in the departmental areas of
Sales, Operations, Finance (Credit and Accounting), Fluman Resources, Information
Technology and Corporate Administration and �perations. Further details are available
if needed and upon request.
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. (Irby Response: No)
20. Please provide at least (3) three references (preferably municipalitres) and contract
amounts. Include project description, contact names, position, and organization name and
telephone number for each reference listed. See attachment F.
__ __ _
INSERT TABLE
PAGE 38 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
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 why? Give name and telephone number
of Owner. (Irby Answer: No)
22. Have you ever had a contract terminated by the Owner? If so, where and why? Give name
and telephone number (s) of Owner (s). (Irby Answer: 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?
http://www.osha.gov/pls/oshaweb/owasrch.search form?� doc type=STANDARDS&� toc
level=l&� kewalue=1926
(Irby Answer: As a Material Supplier, Irby maintains all necessary and appropriate
Employee Health and Safety requirements, inclusive of a corporate program that
monitors and documeuts activity, training and performance. Further information can
be made available if needed and upon request.)
PAGE 39 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
ATTACHMENT F
REFERENCES
Please list three (3) Utility 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
GOVERNMENT/COMPANY NAME: G�RLA�ljD POWER & LIGHT
LOCATION: G.4RL�VD,T_Y �
CONTACT PERSON AND TITLE: GARYHOLCOLIYIB- PURCHASING NIANAGER
T`ELEPHONE NUMBER:972-205-3=l00
SCOPE OF WORK:
CONTRACT PERIOD:
REFERENCE TWO
GOVERNMENT/COMPANY NAME: CITY OF Yi�EATHERFORD
LOCATION: WEATHERFORD,T_�
CONTACT PERSON AND TITLE: TO�tiI1l2YP�1TTERSON
TELEPHONE NUMBER: 817-.i98-4252
SCOPE OF WORK:
CK��►U117� ' : • �
REFERENCE TI3REE
GOVERNNIENT/COMPANY NAME: CITY OF SANGER
LOCATION: SAIVGER,TX
CONTACT PERSON AND TITLE: �1�KE PR4TER
TELEPHONE NUMBER: 9�F0-=�58-2064
SCOPE OF WORK:
CONTRACT PERIOD:
PAGE 40 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
ATTACHMENT G
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor or other erson doin business with local overnmental enti
This questionnaire reflects changes made to the law by A.B. 1491, SOth Leg., Regular Session. OFFICE USE ONLY
This questionnaire is being filed in accardance 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.
1 Name of person who has a business relationship with local governmental entity.
2
❑ Check this box if you are filing an update to a previously filed questionnaire.
(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7`h business day after the
date the originally filed questionnaire becomes incomplete or inaccurate.)
3 Name of local government officer with whom filer has an employment or business relationslup.
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?
� Yes 0 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?
0 Yes 0 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 0 No
D. Describe each affiliation or business relationship.
4
Signature of person doing business with the governmental entity Date
PAGE 41 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
ATTACHMENT H
DISADVANTAGED BUSINESS UTILIZATION
The City of Denton will ensure that purchases of equipment,, materials, supplies, and /or services comply
with Texas Local Government Code 252.0215, in regards to competitive requirements in relation to
Disadvantaged Business Enterprises (DBE). The City will ensure that all procurement opportunities are
cost effective, and contributable to the competitiveness of the City, and its customers. All Procurement
activities will be conducted in an open and fair manner with equal opportunity provided for all qualified
parties. The City of Denton will provide equal contracting opportunities as provided by State and
Federal law to small business enterprises, Historically Underutilized Businesses, and Disadvantaged
Business Enterprises. The City of Denton encourages all awarded Contractors to seek qualification as a
DBE and/or utilize DBE's as sub-contractors, where feasible, to meet the overall intent of the
legislation.
Disadvantaged Business Enterprises (DBE): are encouraged to participate in the City of Denton's
procurement process. The Purchasing Department will provide additional clarification of specifications,
assistance with Proposal Forms, and further explanation of procurement procedures to those DBEs who
request it. Representatives from DBE companies should identify themselves as such and submit a copy
of the Cert�cation. The City recognizes the certifications of the State of Texas Building and
Procurement Commission HTJB Program. All companies seeking information concerning DBE
certification are urged to contact.
State of Texas �lUB Program — TPASS Division
PO Box 13047, Austin, TX 78711-3047
(512) 463-5872 or (888) 863-5881 or http://www.window.state.tx.us/procurement/prog/hub/
Instructions: If your company is already certiiied, attach a copy of your certification to this form and
return with the submission. If your company is not already certified, and could be considered as meeting
certification requirements, please use the web link to obtain such. If you are submitting a response and
plan to utilize DBE's, then use the form below to identify the business and include the business HUB
certification.
COMPANY NAN�:
REPRESENTATIVE:
ADDRESS:
CITY, STATE, ZIP:
TELEPHONE NO.
Indicate all that apply:
FAX NO .
Minority-Owned Business Enterprise
Women-Owned Business Enterprise
PAGE 42 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
Disadvantaged Business Enterprise
PAGE 43 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
ATTACHMENT I
CONTRACT BY AND BETWEEN
CITY OF DENTON, TEXAS AND
THIS CONTRACT is made and entered into �his day of A.D., 2012, by and
between ' a corporation, whose address
is , 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 or services in accordance with the Supplier's proposal in
response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit
"D". The Contract consists of this written agreement and the following items which are attached hereto
and incorporated herein by reference:
(a) Request for Proposal (RFP # �
(b) City of Denton Standard Terms and Conditions (E�hibit "A")
(c) Special Terms and Conditions (Exhibit "B")
(d) Form CIQ — Conflict of Interest Questionnaire (Exhibit "C").
(e) Supplier's Proposal. (Exhibit "D");
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."
D
��
v �
PAGE 44 OF RFP #5065
Irby Revisions 02-06-13 CITY OF DENTON
SUPPLY OF ELECTRIC UTILITY PHASE OVER PHASE 138kV POLE MOUNTED GOAB
SWITCHES FOR THE CITY OF DENTON
IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and
day iirst above written.
ATTEST:
Citv of Denton
OWNER
I:
ATTEST:
(SEAL)
SUPPLIER
MAILING ADDRESS
PHONE NUMBER
FAX NUMBER
I:'
APPROVED AS TO FORM:
AUTHORIZED SIGNATURE
PRINTED NAME, TITLE
(SEAL)
ANITA BURGESS, CITY ATTORNEY
PAGE 45 OF RFP #5065
ATTACHMENT J
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
The undersigned agrees this RFP becomes the property of the City of Denton after the offtcial 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 may be 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 affinus that they are duly authorized to execute this contract, that this RFP has not been prepared in
collusion with any other offeror, 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 RFP.
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 States, 15 USCA Section 1 et sea., 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 'm
this RFP package.
The undersigned agrees that the RF`P 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:
http://www.citvofdenton.com/index.aspx?page=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 my statements and answers to questions. I am aware that the information given by me in this proposal will be
investigated, with my full petrnission, and that any misrepresentations or omissions may cause my proposal to be
rejected.
NAME AND ADDRESS OF COMPANY:
IRBY
7125 BELTON ST
FT. WORTH, TX
76118
Tel. No.817-321-4011
Email.
PAGE 46 OF RFP #5065
AUTHORIZED REPRESENTATIVE:
Signature
Date 10/16/12
Name R USSELL JAMES
Title SALES
Fax No. 817-284-77=13
ATTACHMENT K
138KV PHASE OVER PHASE POLE MOUNTED GOAB SWITCHES
Purpose
The purpose of this specification is to provide the information necessary to allow prospective
suppliers to prepare an RFP to furnish completely assembled and tested, phase over phase,
138kV, pole mounted, gang operated air break (GOAB) switches with interrupters and motor
operators in accordance with the technical requirement contained herein. A drawing showing the
expected arrangement of the pole mounted switches is shown on Page 53. Field service for
installation support and a five year warranty are required.
The switches are to be priced FOB to the Spencer Utility Site, 1701C Spencer Road, in Denton,
Texas or to other substation sites in or near Denton as directed at the time of shipment
Technical questions, drawings, and transmittals shall be directed to:
Mr. Ch uck Sears
Denton Municipal Electric
1659 Spencer Road
Denton, TX 76205
Phone: (940) 349-7111
Fax: (940) 349-7334
Shipment and Delivery
OR Mr. Brent Heath
Denton Municipal Electric
1659 Spencer Road
Denton, TX 76205
Phone: (940) 349-71 SO
Fax: (940) 349-7334
1. Shipme�at by open fl'atbed truck.• Switches purchased under this agreement shall be
shipped FOB Destination by open flatbed truck fully assembled and ready for
installation. The owner will provide unloading and installation.
2. Delivery location: Switches shall be delivered to the Spencer Utility Site, 1701C
Spencer Road, Denton, Texas, 76205 or to other DME substations.
3. Notice of factory shipments: The supplier shall provide notice when the products are
shipped. The owner only has a forklift to unload the products. Contact Sam Bridges
at (940) 390-6279 for notices of shipment. Secondary contact is Chuck Sears at
(940)-349-7111. Delivery of the products will be accepted onlv between the
hours of 8:00 am and 3:00 pm Mondav throu�h Fridav, excluding holidavs.
4. Damaged or defective �naterial or equiprnent: Freight that is obviously damaged on
arrival will be refused. Any necessary action regarding replacernent of materials or
equipment delivered in unacceptable condition shall be the responsibility of the
supplier. This includes concealed freight damage as well as items originally defective
from the manufacturer. The supplier shall be fully responsible for detecting shipping
damage as a part of field services and assembly and for initiating all action necessary
for replacement or repair of such damage in a timely manner.
PAGE 47 OF RFP #5065
Switch S eci zcations
Quantity 1
Configuration One-Way
Orientation Staggered (Deita
Nominal Voltage 138 kV
BIL Rating 650 kV
Continuous Current Rating 3000 Amps at 30° Temp Rise
Momenta Current Rating 100 kA
Vacuum Interru ter Devices
Included with Switch? Yes
Insulatars
Included with Switch? Yes
Insulator Stren h High
B1L Rating 650 kV
Technical Reference Number TR-289
Pole Structure
Pole Type Steel
Guyed (G) / Self-Supporting (SS) SS
Shield Wire? Yes
Distribution Underbuild? Yes
Clearance Issues? No
Pole Structure Furnished with Switch? No
O eratin Environment
Location Denton, TX
NESC Loading District Hea
Approximate Elevation 604 feet above sea level
Subject to heavy airborne articnlate? No
Sub'ect to salt-laden environtnent? No
O tional Features
Grounding Platforms Furnished 1
Tin-plated Terminal Pads Furnished? Yes
Terminal Connectors Furnished? Yes
Motor O erator
Quantity 1
Batteries, Charger and Battery Test? Yes
Motor Control Voltage 24 VDC
Customer Supplied Voltage 120 VAC
Tor ue 20,000 inch/lbs
Operating Speed 3-5 seconds
PAGE 48 OF RFP #5065
ADDITIONAL REQUIREMENTS AND NOTES
Switches shall be factory pre-assembled and adjusted to the maximurn extent compatible
with shipping limitations.
RTU and communication devices will not be located within the motor operator enclosure.
RTU and communication devices will be provided and installed by the Owner.
The rnanufacturer shall include a price for on site field installation assistance�for fmal
switch adjustment.
The manufacturer shall provide a five year warranty on all parts along with the on-site
installation assistance for each switch.
The Owner will provide the steel pole and installation of the pole.
ACCEPTABLE MANUFACTURERS
1. SEECO
2. TLJRNER
DME will only accept proposals for the specific manufacturers listed in the above
approved manufacturers list.
The City has implemented a pre-approval process for substitution commodities and
services. The commodity approval form can be obtained via email
(karen.srnith(�a,citvofdenton.com). Supporting documentation or samples must be
submitted for review by Purchasing, Engineering, field crews, QAG (Quality Assurance
Group), and the manager of DME. Testing may be required and may take substantial
time to review. Vendors are encouraged to submit forms and samples for consideration
on the next bid for similar items.
PAGE 49 OF RFP #5065
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PAGE 50 OF RFP #5065
14�"
i
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�
RFP 5065 - RFP PRICING SHEET FOR PHASE OVER PHASE 138kV POLE MOUNTED GOAB SWITCHES
The respondentshall complete the following section, which directly corresponds to the specifications. 7he contractor shall not make changes to this format.
Proposed Pricing (FOB DESTINATION):
EST.
Bid ANNUAL UOM
Item
QTr
Product Description
1 I 2 I EA IPhase-Over-Phase GOAB Switch, One-Way, Delta, 138kV, with
Interrupters, Motor Operator, Field Service, and 5 Year Warranty
Proposed Part # � Unit Price
$41,426,00 $
Total Cost of Products (Annual) $
See.Attached Quote �xhibit 1-A for Pield,Services Option:
Payment Term Discounts
Payment terms for the City of Denton are typically 30 days. Please indicate the additional discount extended to each monthly invoice that
is paid within the time period indicated below.
��� °F � P' "� � . kPsr ` @� � P S
; � w , � ����f��������:,���� �a�a� ������� ������ ��������������e�����; � �� ������������
Invoice Paid in 20 days
Invoice Paid in 15 days
Invoice Paid in 10 days '
*NOTE: PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED FOB DESTINATION.
Terms for payment, freight'charges and FOB described above a;re agreeable
Estimated
Extended Price Delivery ARO
( Weeks)
� y
82,852.00 12-14 wks AftE
Drawings
82,852.00
m
s
6
n
Exhibit`1-A
Revised Feb 8, 2013
Quotation
Prepared for:
Stuart C. Irby Co. (Fort Worth)
Attn: Purchasing Department
7125 Belton Street
Fort Worth TX
U. S.A. 76118-6805
Phone Number (817) 284-0868
Fax Number (817) 284-7743
We are pleased to offer the following:
Item Product Description
Exhibit C
SEECO
Quotation Oct 1 b, 2012
Expiration Oct 31, 2013
Customer RFQ RFP 5065
SEECO Qte Nbr 1114839
Terms Net 30 Days
Freight Prepaid & Allowed
Fos Delivered
Shipment 12 - 14 Weeks ADA
Drawings 06 - OS Weeks ARO
Quantity UOM Unit Price Extension
1 1 G 13830-N-ST 2
One-way, phase-over-phase, type "G" GOABS�, 138
kV, 3000 amp continuous, 100 kA momentary, 650
BIL, for staggered (Delta) mounting applications.
Switch comes complete with heavy duty copper and
copper alloy live parts, high-speed, snap-out arcing
horns, welded frames of 6061-T6 aluminum, and a
manual control mechanism consisting of vertical
control rods, horizontal control rods, rod guides, crank
arms, pipe couplers, bearings, operating handles,
lockplate assemblies, and ground straps. Switch
positively toggles in the fully closed position.
2 1 M 13830-5 6
MONORUPTR� vacuum interrupter for addition to an
existing one-way, phase-over-phase, type "G"
GOABS�. This five unit interrupter is rated for
interrupting duty up to 138 kV at 3000 amps (1,440
operations). The assembly consists of interrupter
units with operating arms, pick-up arms, auxiliary load
pick-up horns, and hardware for mounting
interrupters on the existings switch.
3 TR289 12
TR289 station post insulator, 650 BIL, high strength,
5" bolt circle, ANSI 70 gray.
4 SS1G138-W 6
Disposable support stand for factory pre-assembled
one-way, 138 kV GOABS� switch. 5upport stand is
designed and fabricated using crating grade lumber
for single use.
Page 1 of 3
RFP 5065
Each
Each
Each
Each
$41,426.00 $82,852.00
Price included in item #1
Price included in item #1
Price included in item #1
Quotation
Prepared for:
Stuart C. Irby Co. (Fort Worth)
Attn: Purchasing Department
7125 Belton Street
Fort Worth TX
U.S.A. 76118-6805
Phone Number (817) 284-0868
Fax Number (817) 284-7743
We are pleased to offer the following:
Item Product Description
Exhibit C
SEECO
Quotation Oct 15, 2012
Expiration Oct 31, 2013
Customer RFQ RFP 5065
SEECO Qte Nbr 1114839
Terms , Net 30 Days
Freight Prepaid & Allowed
FOS Delivered
Shipment 12 - 14 Weeks ADA
Drawings 06 - OS Weeks ARO
Quantity UOM Unit Price Extension
5 PREASSEMBLY 2
Factory preassembly and adjustment of group
operated switch.
6 TIN DIP 2
Tin dip terminal pads
7 V809-8258 2
Switch grounding platform, 3' X 4' bar grating,
galvanized steel, complete with (1) ground clamp for
#4-4/0 copper cable.
8 MNM2-200243AL 2
Type "MNM2" motor operator mechanism, 20,000
in/lbs torque, 24 volt DC control and motor voltage,
3-5 second operation time, complete with power
supply package (120 volt AC input, charger, 12 volt
gelled, electrolyte batteries), advanced battery test
system (loss of AC alarm, low voltage DC alarm, user
definable load and check test functions), local/remote
switch, open/close push buttons, mounting bracket, 8
form "c" auxiliary contacts for customer use, DC knife
switch, adjustable heater with recirculating fan, 15
amp GFI receptacle, convenience light, torque relief
knob, swing handle for manual operation, removable
door with lift-off hinges, and an aluminum enclosure.
9 FIELD INSTALLTN 4
Field installation assistance for final switch adjustment
(Typically 2 days per switch)
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RFP 5a65
Each
Lot
Each
Each
Days
Price included in item #1
Price included in item #1
Price included in item #1
Price included in item #1
$1,200 $4,800
Quotation
Prepared for:
Stuart C. Irby Co. (Fort Worth)
Attn: Purchasing Department ,
7125 Belton Street
Fort Worth TX
U.S.A. . 76118-6805
Exhibit C
SEECO
Quotation Oct 15, 2012
Expiration Oct 31, 2013
Customer RFQ RFP 5065
SEECO Qte Nbr 1114839
Terms Net 30 Days
Freight Prepaid & Allowed
FOB Delivered
Phone Number (817) 284-0868 Shipment 12 - 14 Weeks ADA
Fax Number (817) 284-3778 Drawings 06 - 08 Weeks ARO
We are pleased to offer the following:
Item Product Description Quantity UOM Unit Price E�ension
10 TRAVEL 2 Lot $1,500.00 $3,000.00
! Travel expense to convey SEECO personnel to and
from jobsite (transportation, hotel accommodations,
meals)
Comments
1. Please reference SEECO quotation number 1114839 on your purchase order.
2. Lead time is based on current production and subject to confirmation at time of order entry.
3. Prices firm through 10/31/13 provided we receive award notification by 3/8/13
4. Shipment is by Stepdeck or lowboy trailer. One switch per truck.
5. Travel (item #10 above) is estimated. SEECO will invoice actual out of pocket expenses.
6. Field installation assistance for final switch adjustment (items #9 & 10 above) is OPTIONAL, but if selected,
increases the warranty from 1 year to 5 years (see attached warranty statement)
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RFP 5a65